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Ashlan Hayes No 1 LP - Development Agreement
�I� REPORTTO THE CITY COUNCIL AGENDAITEMNO. 3: ZOpm. Mow COUNCIL MEETING: 12/18!03 December 13, 2003 BEGTHOLD, Inform Director FROM: KEITH Planni 9 and Development Department THROUGH: DARRELL UNRUH. Planning Managers }, Planning Division `� BY: WILL TACKETT, Planner 111 Planning Division SUBJECT: REVISED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FRESNO AND ASHLAN/HAYES NO. 1 LP AS AUTHORIZED BY THE PROVISIONS OF GOVERNMENT CODE SECTION 85864 ET SED RELATING TO THE APPROXIMATELY 122.93 NET ACRE RESIDENTIAL AND 5 911/UGM AND CONDITIONAL MERCIAL DEVELOPMENTUSE PERMIT APPLICATION NO. G BY TENTATIVE M308 Please consider the attached modified Development Agreement reflecting agreements reached between the cry staff and the proponent of the Development Agreement (AshlaNHayes No. 1 LP) which resulted in changes to Sections 101 and 103 of the Development Agreement transmitted in the CIry Councils agenda packet. The changes Were reached in agreement to address Issues ident3ied by the letter dated December 12, 2008, to the Mayor and City Council Members from The McCaffrey Group on behalf of the applicant. „n•. McCaffrey 40 GROUP December 12, 2008 By Hand Delivered and Electronic Mail The Honorable Mayor Autry and The Honorable Members of the City Council City Hall 2600 Fresno Soot Fresus CA TIni Re: Development Agreement for Tract Map No 5891 Dar Mayor Autry and Members ofthc City Council: We have been working for a number of yam a the tans significant potati it develoPrnesm M implementation of the Wet Ara Community Plan m the site we own immediately cast of the Ctomal Unified SrLuol Distriefs crew camPu. This is a very Inge pmiertwhieh will WLe e numberofym toimplematmdw mquima jsinvemmed(ovaf200millim). In today's marker conditions Out is No atoll undertaking. We have received all approvals mquured and are now before you with a proposed Developroat Agretmat m Seems our ability OR carry forward with this project - Although we have worked out almost all is See wolf your stat[end appreciate fbr+com ers"M these remain a few omeselved motes which urs critical In our amerionest to nave forward. We are asking the Council OR make the policy decisions Necessary w alfow w to make the financial conmimant rare y to thus long -tam Micut of so much importance to the Went Ara Community Plan, The lama set forth in this Intra may he msolved by the time you meet but we have been compelled OR communicate with you regarding them at this rime and, if cost resolved by Wm time with staff will be puaemed m your meeting on Tvaiay. Two of Mae issues go m the Man of &0 propose of Development AtpeemmS which involves vafing rights re approvals already obtained and firoming governmental discretion OR intermuc with dre timem nt with a rights in dw future. Ther is encs but ofaY da well -rat agamod o fora a[agrameot with which investment has roug aperimce tam which is wellest ely iSed mm to mesmin gel it most at invamnat r tion No oabro start. For a developmem egamat m be meaningful it must limit fume City mODIM t nt abrogate the apmovela already obtained, either directly by the semis¢ ofdiscrefion inaaainmr with duoSe approvals and other agreements or indirec0ybOmEant theright ighiorulfiancidburdens. ,Out merely edis cap al OfLLision, but to agreemtmt mus;Rothe rightof co developer carbuilds,be merelyvemap asubdivision,tamm construct home end commercial buildings which have been approved, i.e. to obtain building 7010 N. VAN %I IF BOULEVARD, FRESNO.I A 9011 rs, 55') 256 7000 FAX 559 256 7010 rWW nI.uffFgb 1.[UnI The Honcrable Mayor Autry and The Honorable Member of the City Council Page 2 Daembe 12,2N8 permits. It is standard for development agreemests m limit the father excraise of discretion to actions mtalstmt with the prior approvals and the trams of the agrwnent, In Ported developers against my form ofbuilding or sewer or water momtorio n or the like (whether enacted by initiative or otherwise) and to protest the developer agaimt the imposition of additional fimnciel badems not uniformly applied to all. We have been unable an date to agree with staff on specific language in the Development Agreement being presented m You with respect In the following items and ere Proposing language which we ask you to change or add Section 103: This section seeks to reserve an the City Fermin authority despite the agreement We have accepted that concept relucmmtly but we have asked that the lest sentence endwith the phrase "lo a manner not Iammiatevt with this Agreement" because we believe that failure m add such language causes the had Nonage to undmmice the commitment made by the Agreement itself that rhe City's police power is limited by the Agreement In the alternative we ask that the but sentmee m this station be deleted store it gum to for his reserving authority to act in a manner inmrattentwith the agreement It is recognized throughout the sate that the fundamental papoa of a development agreement is to limit the City's od=wiw free exercise of its police power with respect to the subject manner of the agreement, such as rezoning. disapproval of maps, refusal an issuc building permits and so fond. We ask that you add the bold Imgmge to that setting st the end. Section 207: This section is sprcifiwliy intended to protect developem against my for= limits onthe timing of actual building, including pronation fromore mtaria. to 1986 the Supreme Coat held that unless this subject ween directly ghtm sed. a subsequent moratorium on issuance of building permits, or water or sower permits, ea. would be permitted. Ever since development agreements have included specific language to normal agamet such moratoria which would imerF with issuarwe OfPeraim mmigner with the prior approvals. We ask that the last phrase commencing' ;err, rakes...:' and ending `• evidence in the record" be deleted. Orberwas the I)evelopment Agreement will Out protect agmrst such moratoria or possibly even Wing rezoning%or general Plan amendments initiated by initiative of otherwise. It should be clear that we canmt allied U0 commit was of millions in Infiaswc tan and then be denied building permits or water or sewer hookups even if some group decides that them is an mergmcy". This is pm of the contact being made between the developer and the City -- to ansae the ability to build and re be trnated in a meaner equal to aiaung development if my mutating or other actions are rop fined to curtail services. Secrionlol.1: We have had Ostensive mgofatiom with sunflower reasonable limits on increases in impact fres and exactions since they go to the beat Ofprojerl feasibility. M the main The Honorable Mayor Autry and The Resemble Members of Ua City Ceuncil Page 3 I ber 12,20M we lave retched apeeanent We me forced to dissent fern the idea Unit en index band on whet uolides Nmugbeul the United Stales charge for hOOk-ups het any redaUonNip m acmel costs in Freese. We have agreed In ice the Engineering News Rtcmd(I R) cotntmcUon cost indexed account for inflation in coratruc0on cash mid believe Uat is oNyfay. Wetherefare eek Net Um ENR construction cost index be substiluled for the Mposd DPU Index in the dreg "Ilmse are the remaining issues unresolved as of today. Hepatin sones or RU will be resolved Defere Tuesday. If set we will address the Councif on teese imOes and seek yere esTPed far these changes. Very truly yours, The McCaffrey Grqw,few. Breen M. President Cc: Robert A. McCaffrey loon Sanger Cover Sheet for Recording DEVELOPMENT AGREEMENT Ey and Between THE CITY OF FRESNO Aro ASNLANIHAYEE NO. 1 L.P. Recording Requested BY. �� CM 1111111 II IIII II IIIIIIII I IVIII II' City or Fresno FRESND County Retarder NO Fee -Gov't Code Sections Robert C, Derner 6103 and 21383 DDC— 2009-0042262 When Record", Mall To. on,,kyu 1%29U. Clry Clerk !Hp gN 1L90 �.05 MondaTtl of Pd $1,621.00 fir -0002961124 260 FresnFresno Fresno Street DAO/RGI v-604 Fres o, CA. 93121-3603 Escrow Eecmx No. )13990 -RL Cover Sheet for Recording DEVELOPMENT AGREEMENT Ey and Between THE CITY OF FRESNO Aro ASNLANIHAYEE NO. 1 L.P. CRY CF FRESNO cgoemmw®toigwe DEVELOPMENT AGREEMENT By sad BeMeen THE, CITY OF FRESNO and ASHLANMAYES NO.1 L.P. THIS DEVELOPMENT AGREEMENT ("Agreement"I is entered into this 16th day of Dmembeq 2008 (the "EHmtive Date') by and between the CITY OF FRESNO. a municipal corporation (Ne "City"), and ASHLANMAYES NO. 1, L.P. ('Developer'). pursuant to the authority of Section 65864 et seq, of the Gover ar ant Cade of the State of California with respect to that project known as Artisan Square located in the area bounded by West Gedysburg, West Ashlan, North Hayes and North Bryan Avenue and else, identified as Tract Map No. 5891 (the "Projecr). RECITALS A. Legal Authority_ To suengthan the public planting process, encourage private participation in comprehensive planning and reduce the economic risk of developmens, the Legislature of the State of California adopted Sections 65864 a seq. of she C,nvemment Cade ("Development Agreement Law") authorizing any city, county "city old county to enter into a binding development agreement with an applicant for a development project, establishing certain development rights in the property which is the subject of the development project application. As a charter city, or dle the City is not limited to the Development Agreement Law to enter into development agreemrnm, the City has elected to enter this Agreement under the Development Agreement Law. B. Project Description. On March 13. 2008. the City finally approved she Mitigated Negative Declaration for the Pmjcm. The Project us located in the Nanhwestem area of the City in an area subject to the West Area Community Plan and consists of approximately 126.89 acres, controlled by Developer. The Project is a mixed use, master -planned project that will include approximately 648 single family dwelling units (wiN possible future conversion of a portion to ambitiously or senior citizen residential as provided hereinatier) and four parcels for commercial buildings totaling approximately 50.000 square feet plus privately maintained common open space, landscaping areas and streets. Attached hereto as Exhibit B and incorporated herein by this reference is a diagram showing she Project govemed by this Agreement. The Project includes all the Development Approvals (hereinafter definNl. C. Developers Interest in Land. The Developer is a California limited partnership. The real property which is the subject of this Agreement ("Subject Property") is located in part in the City of Fremo and ire pen in Fresno County, which part is to be annexed to the City, and is all either owned in f or controlled by option agreement by the Developer. The Subject Property is described in Exhibit A brutched hereto and incerpmawd by relerence). Developer seeks to develop the Project on the Subject Property consistent with the Development Approvals and this Agrecramt. D. Development Approvals. The following development approvals ("Development Approvals") affecting the Subject Property have been previously conditionally approved or am being approved by the City concurrently with this Agreement: I. The Final Mitigated Negative Decimation ("MND"h including project -specific mitigation measures approved the City on January 5, 2008 mal filed on Much 13, 2008. ,. General Flan amendment pursuant to Plan Amendment Application No. A-07-08 approved by me City Council concurrently with this Agreement. (Resolution No. 2008-118). 3. Zoning Ordinance amendment pursuant to Rewire Application No. R-07-29 adopted by the City Council concurrently with this Agreement. (Ordinance No. 2008-32). 3. This Development Agreement approved by the City Council (Ordinance No. 2008-78, adopted on December 16, 2008). i CorMitinnal Use Permit ("CIDP") pursuant to CUP Application NoC-07-308approved by the Planning Commission o November 5,2008 subject to the Conditions of Approval dared November 5, 2008 (anachd as Exhibit K to this Agreement; 6. Vesting Tentative Tmet Map No. 5991(UGM) approved by the Planning Commission on November 5, 2008, subject to the Conditions of Approval dated November 5. 2008 (attached as Eabibif L); 7, Tentative Cancellation of Agricultural Land Conservation Contacts FA CC) Noa.AP-1250 and AP1251 approved by the City and Fresno County. E. Certainty Desired. Developer desires to carp am the Project and the development of the Subject Property as a mixed use development consistent with the General Plan, the Development Approvals. and this Agreement. The complexity, magnitude and long term build -out of the Subject Property would be difficult for Developer to undertake if the City had not detemnined, through this Development Agreement, to inject a sufficient degree of certainty in the land out regulatory process to justify the substantial financial investment associated with development of me Subject Property. In order to obtain the housing, tax and other genetics me development of the Subject Property will provide and to assure that the impacts of the project will be adequately addressed, City desires"mainly as to the scope of development, including me design standards, and in particular that needed infiasuucture, facilities nd services related to the project will be provided in a timely fashion. Developer deshes certainly regarding the type and amount of development fees and exactions that it will be charged by me City and to define the design review and permitting process. Both Parties dome to determine which Parry will be responsible for particular infrastructure improvements, including financing of the public facilities and improvements, and the timeline for wrotruming these improvements. As a mouth of the execution of this Agreement, bath Pares can he assured that the development of the Subject Property can proceed without disruption caused by a change in City planning and development policies and requirements. F. Subsequent Development Approvals. In addition to the Development Approvals, the development of the Subject Property will require certain additional future Load ear and construction approvals from the City to implement the Development AppmvM% specifically, phased firth tract maps, improvement plans and subdivision agreements. possible site plans and use permits for certain commercial uses requiring the mine under the Applicable Rules and building permits, all consistent with the Development Approvals and Us Agreement ("Subaequent Development Approvals"). Subsequent Development Approvals may also include additional approvals may include approval for conversion of the 217 lot phase comprising approximately 23 acres designated on Exhibit L which is within the area designated on the Geneml Plan for medium high density residential development and zoned R-2, as part or in whole, from the presently approved single family residential use In multifamily or senior citizen residential use, in whole or in pan, up to a minimum development for 417 multifamily dwelling units or 651 senior housing units, or any combination allowed by the Applicable Rules, which may else be mapped! as candomiviums and offered for sale or rend. In the case that the Developer seeks such an approval for tach conversion, City agrees to process Subsequent Development Approvals consistent with the current General Plan, West Area Community Plan and Fresno Municipal Code, as amended by the Development Approvals, whether or not any changes occur in the forece to the Gemral Plan. West Area Community Plan and the Fresno Municipal Code. G. Consistent with General Plan. The City hereby finds and determines that execution of this Agreement is in the hest interests of the public health, salmy and general welfare and is consistent with the General Plan and the West Ares Community Plan. H. Voluntary Agreement. This Agreement is voluntarily entered into by the Developer in order to implement the Geneml Plan and in consideration of the rights confined and the procedures specified herein for the development of the Subject Property. This Agreement is voluntarily entered into by the City in tlm exercise of its legislative discretion in order to implement the General Plan and the West Area Community Plan and in consideration of the agreements and undertakings of the Developer hereunder. L Project Provides Substantial Beosal This Agreement furthers the public health, safely and general welfare, and the provisions of this Agreement are consistent with the General men. For the reasons recited herein the City and Developer have determined Nat the Project is a development for which this Agreement is appropriate. This Agreement will dominate uncertainty regarding Development Approvals and Subsequent Development Approvals, thereby encmumging planning for, investment in and commimunt to use and develop the Subject Pmpery. Continued use and development of the Subject Property is anticipated to, in tum, provide the following substantial benefits and contribute to the prevision of needed infmtrmture for ase growth, thereby achieving the goals end purposes for which the Development Agreement Isw was enacted: a Provide for the housing needs of a variety ofhonscholds of various sizes and incomes and for neighborhood commercial services to serve such households and others in the vicinity: Is. Provide for a mixed use, pedestrian-fiendly environment which reduces the need for travel: c Provide for a new community development especially suitable for the area immediately adjacent to the new Central Untried School District campus; d. Provide for the recreational and open more needs of this new mixed use community and for new Infrastructure serving the West Area Community Plan. C. Meet the goals of the General Plan and of the West Area Community Plan. f. Implement new standards for urban development through the facilitation and adoption of Alterative Public Improvement Standards. utilizing nauower travel lanes and wider sidewalks with park strips, in order to complement design components such as reduced yard setbacks, smaller lots, and aesthetically pleasing two - sorry dwelling units that provide spatial definition and are oriented to a new kind of community development that fosters pedestrian ectivity and potential for a mix of uses residential demes an nsities. J. CEQA. The City Council, in its iodependem judgment, at a public hearing on December 16, 2008, found demno subsequem or supplemental cmimomental impact report or environmental document in addition to the previously filed MND (as identified in Paragraph D) is necessary for the approval of this Agreement. The City Council found that there have been no changes proposed to the development of the Subject Property by the adoption of this Agreement which More to new significant environmental impacts not previously considered No subsequent changes are anticipated to occur with respect to circumstances order which the project will be undertaken, and no informi has become, or is anticipmed to become available which will relate to significant effects not previously discussed nor will any significant effect previously analyzed in the MND become more severe, nor will mitigation measures or alteratives not found to be fesibie or not previously considered have my significant effect. IC This Agreement was reviewed at a duly noticed public hearing before the Planning Consumption of the City on December 10.200$ and recommended for approval. L. rhe City Council, after a duly noticed public hearing, found that the provisions of this Agreement are consistent with the City's General Plan the West Area Community Plan, and other applicable plans and policies of the City, all as amended by The Development Approvals. A copy of the staff report to Council is attached m gambit L M. On the Effective Date, the City Council adopted Ordinance No. 2008-98 approving this Agreement and approved by ordinance or rescinder. as appropriate, the Development Approvals set forth in Paragraph D to he approved by the City Council. A copy of the Ordinance is coached hereto as Exhibit d and inmrpumted herein by this reference. N. In accordance with Section 65867.5 of the Subdivision Map Act, and moment to the Endings provided in the Planning and Development Department Report to the City Council dated December 16, 200& the proposed Development Agreement provides that Visaing 'Tentative Tract Map No. 5891MGM has complied with the provisions of Section 66{93.7 relative to the determination of a "sufficient water supply' as defined therein Borough the preparation of a Water Supply Assessment dated April 30, 2008. NOW, THEREFORE, in conaidemuon of the mutual covenants and conditions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, City and Developer (each herein sometimes called a "Party" andjointly the "Parries') hereby agree as follows tdH:lMBdldJII ARTICLE 1 GENERAL PROVISIONS 100. Property Description and Binding Covenants. 'The Subject Property is that property described in Exhibits A and B. The Developer represents that it has a legal or equitable interest in the Subject Property and that ail other persons holding legal or equitable interests in the Subject Property (excepting owners or claimants in easements) are bound by this Agreement. It is intended and determined that the provisions of this Apartment shall constitute cov®ants which shall run with the Subject Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parades. The Developer hereby warrents that any and all parties having record title interest at the rime of execution of this Agreement in The Subject Property which may ripen into a fee have subordinated to this Agreement and that all such instruments of subordination if my, are attached herein and made a part of this Agreement. IBI. Veiled Rights. Developer shall have a vested right m develop the Subject Property for the period this Agreement is To effect in accordmce with the Development Approvals, Subsequent Development Approvals, the provisions of this Agreement and Applicable Rules, (as defined in Section 102). The Patties have negotiated and agreed upon The impact fees, dedications, and exactions, including, without limitation, nations, bonding or insurance requirements or razes, that will be costumed in connection with the development of the Subject Property. The impact Res, dedications, and exactions applicable to the Subject Property are set forth in Sections 202.2 and 203 and the Development Approvals. The Parties intend that these shall be the only impact t'm, dedication, and exactions applicable to the development of the Subject Property. The amounts of the impact or entidemenvis mtit processing fees shill be only those provided to for in the master fee schedule in effect on the Effective Date adjusted only for inflation in the actual costs incurred by City as hereinafter provided in this Section 101. The Development will he subject to any increases in existing City of Fresno development impact fees. UGM, and permit fres provided that tiny such increase in the fee does nut exceed the lesser of increases in the actual costs inured by City or, in the ase of impact les for facilities for which Developer is entitled m reimbursement based on its actual costs of OR -Site Improvements, the increase in me ENR Construction Cost Index F`ENWT, provided th v in all cases such fee is applied uniformly Citywide or uniformly across the applicable service area with respect to the same use or cause to which such fee is related, and, that said fee is only an updated existing fee that finances me same public infrastructure improvements. If an existing impact fee is expanded. then me developer sholl only be required to pay the portion of the f that covers the more planned public infrastructure facilities as me existing for. Developer shall be entitled to the benefit of any decreases in fees occurring during the Won of this Agreement. The Developer shall pav all applicable processing Fees in effect at the time of Developer's subrnitial of applications for subsequent Development Approvals, or the submittal of plans for Off -Site improvements, including but not limited ro construction plans for streets, sewer Ives, and traffic signals. If the City chooses m change the method upon which an impact fire s charged, mm the burden upon the Developer for that particular type of infrastructure stall be no greater man the applicable UGM or impact fee that is in effect m the time of the Effective Date, adjusted for the terser of increases in actual cons incurred or me ENR as applied to me mi modus d fee. as for example, at crows wherein the City chooses to change me method of collection by transitioning to a new tee program, such as occurred with UGM Pees for Firc, Parks and Major Stoma. which were all Mitered by Citywide Impact Res between 2005 and 2007. The City Is contemplating a major transition for UGM water and sewer fees, n which case the Developer would only be subject to the adjusted wt of the current UGM oversize sewer. UGM transmission grid main and UGM water well service area fees, subject to the limits established by the lesser of increases in actual costs or the ENR. 1. The Developer shall be exempt from any new development impact Fees . that the City may adopt in the future for facilities, permits or impacts not correctly covered by existing DGM fees or existing development impact fees. To the extent not otherwise provided in this Agreement. the conditions of approval and mitigation measures in the Developmew Approvals related to dedications and reurvadon of easements are intended to meet the requirements of Government Code section 65865.2 related to a development agreement providing a provision for the reservation or dedication of land for a public purpose. 102. Rules, Regulations and Official Policies. 102.1 Applicable Rules, Regulations and Official Policies. For the term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted usof land, density, design, improvemmt and construction standards and specifications applicable to the development of the Subject Property shall be the Applicable Rules as defined in this Section 102.1. The Applicable Rules are defined as those mles, regulations, and official policies set foM m (i) the Development Approvals; (it) this Agreement (including Exhibits); and (iii) with respect to matters not addressed by these documents, thou plans, codes, rules regulations, official policies, standards and specifications in force on the Effective Pole, to the extent not inconsistent with the Development Approvals and this Agreement. The Applicable Rules shall also include any Subsequent Development Approvals grated as of the date of their effect and any changes in the General Plan. West Area Community Plan, Fremo Municipal Code or any future rales, ordinances, regulation or policies adopted by the City which are made applicable by the provisions of Section 102.2. Except as otherwise provided in this Agreement, to the extent any future changes in the General Plan, West Area Community Plan, Fresno Municipal Cade or any fume rules, ordinances, regulations or policies adopted by the City parpon to be applicable to the development of the Subject Property but are inconsistent with the bums and condition of this Agreement the terms of this Agreement shall prevail, unless the parties mutually agree to ameM or modify this Agreement pursuant to Section 700. To the extent not otherwise provided in this Agreement, the requirements of the Applicable Rules shell fu i0 the requirements of Government Cade section 65865.2 related to the agreement specifying allowed uses, allowed density and intensity of uses and maximum beight and size of proposed buildings. 102.2. Changes in State or Federal Lay. "this Section shall not preclude the application to the development of the Subject Property of changes in City laws, regulation, plans or policies, the terms of which are specifically mandated and required to be applied to the subject Property by changes in slate or finderal laws or regulations. In the event state or federal laws or regulations enacted after the date of this A6 mend- or action by any govemmental jurisdiction other than the City, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans. maps or permits approved by the City, then the Parties shall meet and confer in gond faith to determine the feasibility of modifying, extending or suspending one or mom provisions of this Agreement as may be necessary to comply with such store or federal laws or regulations or the regulations of such other governmental jurisdiction. In any such mecting, the Developer carries the burden, in the first instance. to provide options to the City that demonstrate the feasibility of modifying, extending or suspending the Agreement in pan. Developer is required to provide all engineering and amlyses to support its position then meet industry and city standards. I a the extant that any actions of federal or state agencies (or actions of regional and local agencies. including the City, required by federal or state agencies) have the effect of preventing, delaying or modifying development of the Subject property, the City shall not in any momer be liable for any such prevention, delay or mcs ification of said development. The Developer is required. at its cost and without cost to or obligation on the part of the City, m participate in such regional or local programs and to be subject to such development restrictions as may M necessary or appropriate by Mount of such actions of !Mere[ or state agencies (or such actions of regional and local agencies, including the City, forcing by federal or state agencies). 103. City's Reservation of Authority. The Parties acknowledge that the intent of the Parties is that this Agreement be wrvstmM in a manner than protects the vested rights granted to Developer herein to the maximum extent allowed by law. The Parties further acknowledge and agree, however, that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations red exceptions contained in this Agreement are intended in reserve to the City all of its police power motor memory or other legal powers or responsibilities that career to an limited. This Agreement shall lee cautioned to reserve to the City all such power and authority which cannot be restricted by contract, including compliance with the California Environmental Costly Act (CEQA). Nor shell this Agreement he meaning to limit the authority or obligation of the City to hold necessary public hearings, to limit the discretion of the City or any of its officers or officials with regard to rales, regulations, announces. laws, and entitlement of use which require the exercise of discretion by the City or any of its officers or mficims in a manner not inconsistent with this Agreement. 109. Term; Recordation. The term of this Agreement shall commence upon the data upon which the ordinance approving this Agreement becomes effiective as a maser of law, and shall extend for a pedM of twenty, (20) years. Thereafter, unless said tern is modified or extended by circumstances set forth at this Agreement or by mutual consent of the Parties, subject to the provisions of Session 700 hereof, upon expiration of said [eon, this Agreement shall be deemed terminated and of no further tome and effect and the Parties shall, upon request of the City, execute an appropriate certificate of termination which shall be, recorded in the odreial records of the City. subject, however, to the provisions of Section 307 hereof. The Director of Planning and Development shall MOW the Agreement within 10 days after the date on which this nMimnce becomes effective as a matter of law. Developer may record this Agreement thereafter. In the event that any litigation is commenced by any third parry challenging the Development Approvals, the term of this Agreement shall be extended for the period involved in achieving final resolution of such litigation. 105. Sale or Assignment' Releue, This Agreement, its rights. duties or obligations may he assigned, sold, exchanged or transferred, in whale or in pam in connection with e transfer by Developer of all or a portion of its interests in the Subject Property, subject to the following condifinns: 105.1 Except as set forth in subsection 105.2, a sale, transferor assignment of all or a portion of Developer's interest in this Agreement shall not require the approval of the City provided that any proposed assignee or transferee shall agree to assume and be bound by all applicable dories, obligations and covensom of the Developer under this Agreement. The assumption mus be set form in an assumption agreement in a form reasonably acceptable to and approved in writing by the City. Any assumption agreement shall include a Notice to the assignee that they may he subject to fees for development ofthe property, consistent svlth this Agreement. 105.2 The Developer shall reimburse the City for its legal and administrative costs to review the assignment and provide notice and interpretations to the assignee. Upon such assignment and assumption Developer shall he released from Developer's obligations hereunder with respect to the portion of the Subject Property transferred. In the event of a partial transfer, Developer may choose to rcfn some or all rights. dunes and responsibilities as Developer with respect in the transferred property. Developer shall have the right to designee any successor as Developer ("Successor Developer'') if Developer no longer reforms any interee in the Subject Property so long as the Successor Developer assumes all Developer's responsibJifies. Upon the sale, transfer or assignment of Developer's rights. interests. and obligations Ruder this Agreement as to the Property or ponion thereof, and the sale. assignment or transfer of all or Rev portion of the Property therewith, Developer shall he released from its obligations under this Agreement with respect to the Property, or portion thereof, so sold, assigned or uonsferred arising subsequent to the effective date of such sale, assignment or transfer. Upon any sale, assignment or usnsfer of any portion of the Property, City agrees to look solely m the buyer. assignee or uansf rose. or designated Successor Developer (if different) for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Pmpeny acquired by such Immergence. Ile preceding sentence shall not preclude the City from looking to the tmosferor for fulfillment of its obligations under this Agreement that both: (1) relate to any portion of the Property that has been transferred: and (2) Dose before the transfer of any portion of the Property. Nonetheless, flre to deliver a written assumption agreement does not (a) erect the running of Dry covenants; in this Agreement with the land, or (b) negate, nodi l'y or otherwise affect the liability of any transferee under this Agmement A default by Dry buyer, assignee, or transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way any rights hereunder with respect to any portion of the Propenv not owned by ouch buyer, assignee or rrsnsl'cree. Each buyer. assignee or transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by such buyer, assignee or tmasharee, and any amendment to this Agreement between City and a buyer. assignee or transferee shall unity affect the portion of the Property owned by such transferee. In the event or each partial transfer of the Property, in the absence of a specific, designated Successor Developer, City and I eloper shall cooperate to determine whether allocation of rights and responsibilities among owners of the Property would best be clarified or resolved by execution of amendments to this Agreement or of new agreements in full l or partial replacement of this Agreement, and each agrees to execute the same without imposition of new duties on either party so as to I'ullill the purposes of this Agreement. Notwithstanding the foregoing, the City may object to the sale, transfer or assignment of all or a portion of Developer's interest in this Ageemrnt the duties and obligations of Developer and release of Developer hereunder, including designation as Successor Developer, with respect to any proposed purchaser, mansferee, or assignee with respect to whom City presents substantial evidence as to such proposed purchaser. transferee or assignee's previous failure to comply with the provisions of federal or sure law, the Fresno Municipal Code or agreements with the City relating to development projects. within the City of Fresno (or the same by the principals or owners or officers of said purchaser, transferee or assignee.) Unless City's objections are resolved to the ressensble satisfaction of the City, the sale transfer or assignment shall not take place. Except to the extent that any property owners association has incurred obligations, the purchaser of any lot that is both (a) not subject m farther subdivision (other than a lot subject to a condominium map). and (b) subject to the jurisdiction of the California Department of Real Estate, shall oke title to such lot free and clear of any obligations arising under this Agreement, without the execution or remedial of any further document, when title to the lot ransfers to such purchaser. 105.3 Ifthe DevelopertmnsF the Subject Property and assigns this Agreement in violation of the terns of this Section, the City may terminate the Agreement at its discretion with fifteen (15) days wrrien notice. ARTICLE2 DEVELOPMENT OF THE SU&IECT PROPERTY 200. Permitted Uses and Development Standards. In accordance with and subject to the team and conditions of this Agreement, the Developer may develop the Subject Property for the uses in accordance with the Applicable Rules as set forth in Section 102.1 of this Agreement. 201. Approvals. 201.1 Processing Subsequent Development Approvals. 201.1.1 Timely Submittals By Developer. Developer acknowledges that City cannot begin processing Subsrpuent Development Approvals until Developer submits complete applications. Developer shall use its best efforts ro ti) provide to City in a timely manner any and all documents, applications, plans. and other information necessary for City to carry out its obligations hereunder: and 60 cause Developer's planners, engineers. and all other consultants to provide to City in a timely manner all such documents, application, plans and other required materials as set finny in the Applicable Rules. Developm Shall use all reasonable efforts to submit or cause to be submitted docmnents, applications. plans and other information rusccssary for City to carry out its obligation nonstarter that are in a final font, not subject to uorenomble changes by the Developer and char comply with this Agreement and all Applicable Rules. 201.1.2 Timely Processing By City. Upon submission by Developer of all appropriate applications and applicable processing fees for any Subsequent Development Approval, City shall promptly and diligently, subject to the reasonable availability of City resources and City's procedures requbements, commence and complete all steps necessary to act on Developer's Subsequeal Development Approval application. Upon Developer's request and at fire City's distraction. the City may provide, at Developers expense, additional snuff and/or staff consultants, working under the soledirection of the City, for mvcunrnl, expedited planning and processing of each Subsequent Development Approval application. The City reserves the right to reject any incomplete nmconl'orming submittals. 201.1.3 Effect of Legal Proceedings. Notwithstanding any pending administrative or judicial proceedings. initiative or referendum concerning the Development Approvals or Subsequent Development Approvals, and provided that such actions by. City or Developer are not proscribed by law or court order. City shall process the Developer's applications for Subsequent Development Approvals as provided for herein to the fullest extent allowed by law and Developer may proceed with development pursuant to the Development Approvals or Subsequent Development Approvals to the fullest extent alloweN by law. 201.2 Cerfifreates of Occupancy. Subject to any requirements m this Agreement for issuance of certificates of occupancy. the City shall use all reasonable efforts to diligently =it promptly provide a certificate of occupancy for any portion of the Subject Property when applied for by the Developer and upon completion of all necessary cryuhemems to obtain a certificate of occupancy. 2013 Mon-Devebpment Entitlement Plan Review. Nothing provided in this Section 201 is intended to include the submission and review by the City of plan for Off - Site Improvements (as requbed under Exhibit F), including but not limited be, constructions plans for stmt, sewer lines, and traffic signals. Review of Off -Site Improvements shall be pursuum to the Applicable Rules, except as otherwise provided harem. 202. Improvements and Public Facilities. 202.1 Financing and Construction. Developer is responsible for financing and constructing n the Inferring on-site improvements (whether private or public) and public facilities in conjunction with the development of the Subject Property, all as. act fonts to the mitigation measures of file MND for the Project and the Development Approvals: 202.1.1 On -Site Improvements. Developer shall construct all Ne On. Site Improvements described as provided in Exhibit E. All On -Site Improvements will be the responsibility of the Developer without any right to reimbursement of credits accept as provided in this Agreement or in the Development Approvals. Developer shall provide b City a list of On -Site improvements that constitute public works of Improvement and shell pay prevailing wages for labor required to emnstmet those improvements on thin list, to Ne extent required under the Labor Code, sections 1720. 1721 and my other applicable provisions related or the payment of prevailing wages. Certain On -Site Improvements, including all sewer and water lines and storm drainage systems shall be offered to the City for dedication within public sweets, public utility easements or equivalent easements to be grinned to the City. Developer shall be entitled to credit against exactions or fees xdth respect to park and recreation Facilities pursuing to the Development Approvals for the land dedicated to such facilities and costs incurred by Developer in designing and constricting the park and recreation facilities available for uses comparable to those financed from the City's fees and exactions. 'Me amount of said credit shell he determined as set forth in the Fresno Municipal Cede and the City's implementing policies in effect as of the Effective Daze. City shall be entitled to ensure that continued operation and maintenance by property owners associations is inegrvd in they covenants, conditions and restrictions on the Subject Property, or portion thereof related to such facilities. 202.1.2 OtfSite Improvements. Developer will construct all W -Site Improvements as provided in Exhibit F pmsuaat to the dearription end timing provided in dot exhibit. Developer acknowledges that these OD' -Site Improvements constitute public works of improvement and are, therefore, subject to the requirements of California Labor Code, sections 1720, 1721 and any other applicable previsions needed in the payment of prevailing wages. All off-site water, sewer, drainage pipelines, aM underground utilities required by the Development Approvals in the madways shown in EahibftF shall be insallN poor to any passed road 'improvements shown unless otherwise approved by Developer ami City pursuant to the procedures as set forth in Section 202.4. Developer shall provide payment and performance security, for cub phase. The type and amount of the payment and performance security shall he as set forth in Fremo Municipal Cade, section 12-1016, entitled Improvement Security. In addition, Developer shall install a tmtlic signal at AshlaNliayes poor to issuance of Oa first certificate of occupancy for (a) the commercial portion phase, (b) the multi -family phase in the southwest portion, or (e) Phase Fom, whichever occurs first. 202.13 Financing of WSite Improvements. Developer is responsible for financing the construction of the Off- Site Improvements described in Exhibit F. The Developer vdll receive reimbursements and credits firm the City from appropriate f programs for Off -Site Improvements to the extent deal they are expressly provided for in the Applicable Rules or in this Agreement. 202.2 Community Facilities District. Developer may request and City shell use its good faith effort to fomn a community facilities dishicl(s) ("CFD") or to include the Subject Property in an existing CFD, for the puryou of funding all or a portion of the On-Site or Off -Site Improvements to be dedicated to the City, including without limitation, design, acquisition and construction cosh, and public facility maintenance costs or public services. Upon request from the Developer. City shat diligently and expeditiously initiate CFD proceedings utilizing the special tax mechanisms auNorizM under the law of the Stare of California or the Fresno Municipal Code where the property subject to special taxes provides primary security for payment of the special taxes, provided, however, any such CFD shall be in conformance with City policies regarding land-based firancing. City's obligations under this section are contingent upon the Developer providing adequate security to cover the costs of formation of the district and issuance of the bonds and upon the Developer providing the information or documents within the Developer's central which are nemosary to form the district and issue the bonds (e.g.. the list of intiastmcture intended to be funded by the District and the area to be included in the District.) Developer may recover costs of foetation and issuance tem bond proceeds to the extent pennittel by law. Nothing provided herein is intended to create a legal duty of the City to form a CFD. 202.3 Public World Development Standards; Specifications. In completing the comm man of the OnSiteand Off -Site Improvements described in Exhibib E and F. developer shall comply with (a) the conditions and terns of the Development Approvals and Subsequent Development Approvals. (b) all approved construction plans, (c) all applicable laws, ordinances, and resolutions in effect at the time of construction, and (d) the construction standards applicable to the project contained in the Citys Standard Specifications in effect at the time of construction applicable to me project. if the City does not have saodard specifications for any particular construction to be performed but appropriate standards are available Som the State of California, Division of Highways (Caltmas), then, Developer will complete construction in accordance with such standards and specifications. City acWrowledges that the Project will involve the construction of private streets on site to be maintained by one or more owners socimions and that such streets will he constructed to different standards than those applicable to City owned streets. Such private carries and associated improvements will be designed by the Developer and shell be submitted to. me City Engineer for review and approval prior to construction. Developer will complete all construction to the satisfaction of. and use materials satisfactory to, the City Engine". the City Engineer may inspect all construction and materiels. 202.4 Completion and Acceptance of Public Facilities, The City's final written ,••eptanm of any On-Site and Off -Site Improvements to he offered for dedication to the City and m be maintained by City thereafter will costimtea fading haul the improvements comply with the plans and pecifications required above. Individual ted-Site Improvements and OT-Site Improvements may be separately bonded by Developer. The City may not unreasonably condition, delay or withhold acceptance. of Off -Site Improvements based upon the completion of On -Site hup evements. The determination of when certain On -Sim and Off Site Improvements need to he completed and the amount of improvement security for said improvements shall be made between the City and Developer during the processing of pleasd final maps and confirmed in writing in supreme subdivision agreements, the mens of which shall not be inconsistent with the terms of this Agreement. Once the City and Developer deternme which On -Site and W -Site Improvements need to be completed with a particular phase. Developer shall provide separate engineered drawings for the improvements to be completed during the particular phase and may obtain sepaem improvement security for the On -Site and Off - Site Improvements for each pbase. To the exnmt that phasing of certain On -Site and Off - Site Improvements have already been agreed to by the City and Developer, as included in the Development Approvals, that phasing scheme shall Severe. Ora -Site Improvements and Off -Site Improvements to he dedicated as public facilities shall be owned by the City upon their completion and acceptance. 202.5 Warranty of Public Facititiea. Prior to City's acceptance of particular On - Situ Improvements or Off -Site Improvements. Developer shall provide a warranty for any defects (whether later or pmenp in work or material or design in the Off -Site Improvemems that occur or appear within one year after the date of written acceptance m take effect as to each of those at the time of their acceptance. The warmly shall provide that the City may give women notice to repmir or correct any defect within (7) seven calendar days offence, occurring or appearing within one year, and Developer turban its warrantor will repair or correct the defect without additional cost to the City.. After a failure of the On -Site Improvement or Off -Site Improvements requiring an emergency repair by City crows, the Developer or its warrantor shall reimburse all returnable costs for labor and materials within forty-five (45) days of invoice. Failure to repair or correct any defect may result in an offset to, or suspension of, mimbura mems, if any, or may be considered a default of this. Agreement, uutll the repair or correction is completed m the reasonable satisfaction of the City. Developer shall include the City as a named beneficiary to any subcontract for or warranty of the public facilities. Furflumicre, Prior to City acceptance of OmSim or Off -Site improvements. Developer shall provide Warranty Security of the type and in the amounts set forth in Freano Municipal Code, section 12-1016. This subsection will survive Immurement or this Agreement. 202.6 Smart Irrigation Systems. Prior to first certificate of occupancy for a dwelling wit the City will provide a watering schedule for the use of amort irrigation systems. 202.7 Formation of Property Osvoen Association for Maintenance of On - Site Improvements not Dedicated to City. Developer shell cause to be formed one or re property owner asurciatiom to he responsible for the maintenance of all On -Site hrtprov ments of the Project which are not to he dedieeed to the City which, at the present time, we envisioned to include at least the following: (1) all suets, alleys, paths and mails within the Subject Property: (2) all landscaped mediamand other areas within the Project boundaries, (3) all parks and recreation areas within the Project boundaries, (4) all common arca lighting within the Pmject Morshmes, and (5) all signage within the Project boundaries. All of the foregoing ate anticipated 0 be common areas transferred to the relevant property, owners association. At time it is anticipated that there will only be one property owners ass ociation in which asar encs e apportioned among residential and nonresidentialusers; however, it is possible thin a separate commercial property owners association could be farmed to address specific issues and m Nmibilifies within the nonresidential portion of the Projed. Sewers, water linty and storm almiost and all Off -Site Improvements are to be located within public utility easements or otherwise accessible to the City for maintenance and to be dedicated to and maintained by the City. The covenants. conditions and restrictions for the property owners association shall include all of the provisions set Earth in Fresrm Municipal Code. section 12-1026 and shall farm the City the right to enforce those provisions by any legal or equitable means against the Pori owners association or against any individual property owner end entitle the City to attorneys fees, legal expenses and costs should it prevail in any litigation to enforce or interpret those previsions. 303. Dedications and Other Exactions. Developer shall he responsible far only those dedications and other exactions provided in the Development Approvals. 304. Impact Feet; Reimbursements and Credits. Developer shot be responsible for paying only those fees provided in the Development Approvals as provided in Section 101. The Developer shall be eligible for reimbursements and creditsfor the Off- site Improvements required under Section202.1.3 as provided in Section101, Notwithstanding the above. Developer shall be responsible for paying any fees the City collects for other agencies pursuant to (i) State or Federal law or (ii) any City agreements or City ordinances adopted or entered into to comply with State or Federal law or judgment ofa coo of law. 205. Conditions to and Formula for Reimbursement for lM-Mte Improvements. Reimbursement and/or credits that the Developer is expressly allowed, for improvements listed in Exhibit F, shall be given from appropriate f programs as provided in the Fresno Municipal Code andlor adopted City policies for those fee programs as they exist at the time the reimbursement and/m credit is ought, but to no lesser degree than provided as of the Effective Lae. 206. Rooks and Records. Developer shall establish and maintain throughout the term of this Agreement, and for a four (4) year period following the date of the last reimbursement, records and accounts on the Subject Property and its development, in accordance with moral business pra ices, any reasonable request of the City, add applicable laws, rales and regulations. At the times and in the forms as the City may reasonably request. Developer shall furnish City with statements, records., repos, dare and information related to the costs to be reimbursed. The City, at its cost, has the right during reasonable business hours to inspect and copy Developers records, hooks, and documents related to the minbmmble costs. Not more frequently than annually, the City at its cost has the right, but not the obligation, to audit the Developers books and exceeds. 307. Project Timing. lbe Parties acknowledge that Developer cannot m this time predict when, or the order in which, individual buildings on the Subject Properly will be developed. Such decisions with respect to phasing of development of the Subject Property will depend upon a number of circumstances not within the control of Developer, including, without limitation. market conditions and demand for the use or notes of the Subject Property, the condition of capital markets and availability of appropriate 1'mancing for the development of the Subject Property (such as constr udion r interim end pecmment loans, to re egwty capital) acrd other similm from. a order to retain the flexibility, necessary ec respond to such mmi ns conditions, Developer shall have the riper to develop the Subject Propertyex in phases, in such Orden and at analysis Cies as Developer deems a determining, in within the exercise of its subjective thappropriate business analysis of those factors dethe uibje in Developers judgment the appropriate c of e, development ll the Subject comply with However, in connection with each phase, Developer shall be repeated to comply wlth the Development Appmvak. In light of the California Supreme Court's decision in Pardee Comvuction Co, r. City of Camarillo, 37 Cal .3d 465 (1984), that the filum of the parties therein to provide for the timing of development allowed a lale adcpled initiative reordering the timing of development to prevail over the partiesagreement, it is the partes intent to care any such deficiency in this Agreement by acknowlMging and expressly providing that. Developer may develop the Subject Property and portions of both in the order and at the times Developer, in its sole discretion, deems appropriate based on Developer's andysis of chase fnnors determining, in Developer's subjective business judgment the appropriate pace and timing of the development of the Project. The adoption or modification of any laws or regulations by City, including limits on building permits or connections to water at sewer or other infrastructure, whether by initiative or otherwise, Guiding o presenting the pace or timing of development or construction within City is in conflict with this Agreement, and the adopted or modified law or regulation is not applicable to development of the Project, unless Developer in its sole discretion elects to have the adopted or modified law or regulation apply to the development of the Project or, unless the City Council retakes a finding that there is an immediate and substantial threat to public health and safety with significant adverse effects which cannot be mitigated or voided by my otter F ible alternatives, such as hnposition on the Project of restnctiorn ryuivalcm to those home by all properties within the City. 208. Amendment to Development Approvals. Given the longterm build -out of the project, the Parties acknowledge that development of the Subject Property may require amendments to Development Approvals or Subsequent Development Approvals. Amendments to the Development Approvals or Subsequent Development Approvals shall be processed as follows: 208.1 Administrative Amendments. Upon the written request of Developer for an amendment or modification to a Development Approval or Subsequent Development Approval, die Planting Director or histher designee shall determine: (it whether the requested amendment or malilicatios is minor, and (H) whether the requesuvl Ifs amendment or modification is consistent with the Applicable Rules. If the Planning. Director or baulter designee finds tem the proposed amendment or modification is minor, consistent with the Applicable Rules, and is not subject to further envimmnental review under CEQA (See CEQA Guidelines §915162. 15163), the amendment shall he determined to be an "Administrative Amendment" and the Planning Director or rather designee may approve, or may approve with appropriate conditions. the Administrative Amendment consistent with the City's procedures for minor revisimrs author amendments to special permits, including any requirements for notice, public hearing, and appeal fights. The determination of whether a requested arneedment or modification is an Administrative Amendment shall be within the reasonable discretion of the Planning Director. Notwithstmrding the foregoing provision, if the Director determines that an amendment has the potential to affect a facility under the responsibility of another City department, the Director shall refer the amendment in the Director of the affected Department (and/or his or her designee) who must also concur that the amendment is a minor amendment under the corms provided in this Section. For example, if air amendment has the ability to refect traffic, the Director o1Public Works (and/or his or her designee) most concur pan the amendment is administrative, if an. amendment For; the ability to affect sewer loads, the Director of Public Utilities Department (and/or his or her designee) most concur that the amendment is administrative. Examples of amendments or modifications which may, depending on particular ircumstmces, be treated as Administrative Amendments, include. but am not limited m, the fallowing: D I lot line adjustments Net do not result in a significant change in the lot this and that comply with the requirements ofthe Subdivision Map Act; (2) alteattons in vehicle circulation Panama or vehicle access points which do rat adversely affect capacity or service levels; (3) changes in train alignments; (q) substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan; (5)variations in the location of structures that do not substantially star the design concepts of the project; and (6) minor attentions in design or configuration of buildings. infrastructure or rater facilities that are consistent with the development standards act forth In the Development Approvals: and (7) minor adjustments to the Subject Property legal description. Administrative Amendments are subject to a processing fee at provided in section 101. 2082 Material Amendments. Any request of Developer for an amendmem or modification to a Development Approval or Subsequent Fievelopment Approval that a determined by the Piamfng Director or hisMer designee (or a director of mother City department under the terms in Section 208.1) to be a national amendment ("Material Amendment'), as opposed to an Administrative Amendment shall be subject to review, consideration and action museum to the laws in effect a the time the Material Amendment is considered for approval. Notwithstanding any provision in the Agreement in the contrary, the City may impose mitigation measures necessary to comply with CEQA for Material .Amendments. Material Amendments are subject re processing fees as provided in Section 101. Notwithstanding the foregoing partions ofthis Section 208.2. my Subsequent Approval sought by Developer pursuant to Recital F, whether deemed a Material Amendment or mL shall be processed as provided in Recital F. 208.3 before Amendments. Any future amendment or modification to a Development Approval or Subsequent Development Approval shall be incorporated in this Agreement without the need to amend thisAgreament. 209. Encumbrances and Leaders Fitton. 209.1 Permitted Encumbrances. This Agreement shall be superior and senior to any Gen placed upon the Subject Property. Neither entering into this Agreement nor a breach of this Agreement shalt def en, render invalid, diminish, or impair the lien of any mortgage or deed officer on the Subject Property made in good faith and for value. The Parties agree that this Agreement shall not prevent or limit any owner i fan interest in the Subject Property fium encumbering the Subject Property or any portion thereof with any mortgage, deed of trust or other security device (any such device. a "Mortgage"I securing financing with respect to the Subject Property. City acknowledges that the holder of any such mortgage, deed of trust or other security device ('Tender) may require certain Agreement interpretations end modifications and agrees, from none to time. to meet with Developer and representatives of such Leaders) to negotiate in good f'th my such request for interpremtlon or modification. City will not unreasontoly withhold its consent to my such requested interpretation or modification provided such interpretation r modification is consistent with the intent and purposes of this Agreement and docs nut result in the City subordinating this agreement to my lien or deed of trust. As used hereon the term "Lender" does not include any affiliate of or entity ecomolled by Developer or its owners, officers, directors, principals or members. 209.2 Lender's Rights. 1f Lender timely requests, in writing receipt of notice of any event of default given under this Agreement to Developer or any other holder of an interest in part or all of the Subject Property, then City shall provide a copy of such notice to Lender within ten t 10) days of sending the notice of default to Developer or other holder of an interest in pm or all of the Subject Property. The Lender shall have the right but act the obligation to cure the default during the remaining cure cerin allowed to ore defaulting party under the terms of this Agreement. Notwithstanding anything to the contrary herein, each Lender has a period of ninety (90) days after the ceipt ofthat notice froCity m rem m care or comedy, or commence cure or remedy, the vfrom City of default claimed or the areas of noncompliance set forth in City's notice. if the vent of default or the noncompliance is of a nature that can ordy be remedied or cured by the Lender upon obtaining possession, the Lender shall diligently sock to obtain possession through a receiver or otherwise, and shot thereafter remedy or cure the event of default or noncompliance within 90 days after obtaining possession. If my event of default or noncompliance emnot with diligence. be remedied or cured within those ninety(90)day periods, then the Leader has addiumo time as may be reasonably necessary, as reasonably determined by the City, to remedy or core the event of default or noncompliance if the Lender commences to core during these ninety (90) day periods. and thereafter diligently counts completion of that cum. Nothing in this Agreement pemnn or ant cri es any Leader to undertake or continue construction or completion of my improvements comprising the Project beyond the extent necessary to connotes or prefect improvements of nsWetion aGeady mads, without lint having expressly assumed Developer's obligations under this Agreement in the manner specified herein and curing all defaults. The Lender shall receive a second default notice thirty (30) days before the City institutes legal proceedings. 209.3 Lender Non -Liability. Any Lender who comes into possession of the Subject Property, or my pan thereof. pursuant in Ibreclosure of a Mortgage or taking a deed in lieu of such foreclosure, shall take the Subject Property, or pan thereof, subject to the tenor of this Agreement provided however. (1) in no event shall such Lender be liable for any defaults or monetary obligations of Developer arising prior to acquisition of title to the Subject Property by such Lender; (2) no Lender has my obligation under this Agreement to construct or complete the construction of improvements, or to guamntee that construction or completion; and (3) if Developer shall have defauhed under this Agreement before Lender takes title to the Subject Property or my pan thereof. Lender shall a jov the same rights and privileges with respect to such default as if (a) Lender were Developer, and (bl title were still held by Developer. Nothing in this Agreement shall be deemed or construed te, permit or authorize Lender to devote the Subject Property, or any portion thereof, to my uses, or w wnstruct my improvements thereon. other than those uses and improvements provided for or authorized by this Agreement, subject to all of he terms and conditions of this Agreement. The foregoing provisions shall not accrue to the benefit of a Lender who proceeds In the mmmer of a Subsequent Developer m developing and approving the Subject Property. Limiting itself to those development activities set form in the next to lost sentence of Section 209.2 shall come a presumption teat a renter has not proceeded in heeome a Subsequent Developer. 209.4 Estoppel CertiReate. Within thirty(30)days following my woman request which either city or Developer may make from time to time, the other shall sign and deliver to the requesting party a statement certifying that (I Ithis Agreement is unmodified and in fill force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are not turner uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon Ne party which fails to deliver such statement that this Agreement is in full farce and effect without modification and that there are no uncured defaults in the performance of the requesting party. The City's Planning Director, or other City officer having adequate knowledge to do x, shall be authorized to execute any such statement. An estoppel certificate obtained under his section may he relied upon by transferees and Lenders. ARTICLE 3 DEFAULT, REMEDIES, TERMINATION 300. General Provisions. Subject to extensions or time by mutual consent in writing, failure or unreasmmble delay by tither Party to perform my tern or provision of this Agreement shall constitute a default. In the event of default or btemh army terms or conditions of this Agreement, the Party alleging such del'aull or breach shall give the other Party not less than thin (30) days notice in writing specifying the nature of the alleged default and Me manner in which said default may he satisfactorily cured Duringany such thirty (30) day period, the Party charged with being in default shall not be considered in default for purposes of rumination or institution of legal proceedings. After notice and expiration of the thirty (30) day period, if such default has not been ectad or is not being diligently cured in the came" set forth in the notice. the other Parry to this Agreement may at its option: I. Terminate this Agreement, in which event neither Party shall have any further rights against or liability to Ne other with respect to this Agreement or the Subject Property: provided, however, if portions of me Subject Property are held in separate ownership at thelime such event of default occurs and such event of default is related only to one portion, this Agreement may be terminated only as to such portion end no such termination shall impair the continuing applicability of "a Agreement to Ne remainder of the Subject Property: at 2. Institute least or equitable action to cure. correct or remedy any default, including, but not limited to, m action for speck performance of the terms of this Agreement. provided, however, that in no event shall either party be liable to the other for money damages lot any default or breach of this Agreement - 301. Developer Default; Enforcement. No building permit shall be issued or building pmrml application accepted for the building said of my structure on any portion of the Subject Property if the permit applicant owns or controls such percent of the Subject Property and if such applicant or any entity or person eo milling such applicant has been found to be in default as to such portion ol'the Subject Property by the City Council of the City of Fresno under the terms and conditions of this Agreement, unless such default is cared or this Agreement is terminated. A default as to an owner of any portion of the Subject Property shall have no impact on any gonion of the Subject Property not owned by such defaulting owner. The Developer shall cause to be placed in any covenants. conditions and restrictions applicable to Ne Subject Property, or in any ground lease or conveyance thereof, an express provision for an owner of the Subject Pmpeny, lesae or City, acting separately orjoindy, to enforce the previsions of this Agreement and to recover anomeys' fees tied costs for such enfore<mem. 303. Avnael Review The City Manager shall, at leas[ every twelve (12) months during rhe term of this Agreement, review the extent of good faith substantial compliance by the Developer with the term and conditions of this Atimemenr. Such periodic review "I be limited in scope to compliance with the tecta and conditions of this Agreement pursuant to California Government Cade Section 65865.1. Notice of such must review shall include the statement that any review may result in am admen or termination of this 20 Agreement. The costa of notice and related costs incurred by the City for the sound! review conducted by the City pursuant to this Section 302 shot] he home by the Developer The City Manager shatl provide thirty (30) days prior written notice of such periodic review to the Developer. Such notice shall require the Developerto demonstrate good faith compliance with the terms and conditions of this Agreement and to provide such other information as may Inc reasonably requested by the City Manager and deemed by him to be required in order to awmain compliance with this Agreement. If. following such review, the City Manager is not satisfied that the Developer has demonstrated good faith compliance with ad[ the [mous and conditions of this Agreement, the City Manager may rehear the matter, along with his recommendations, to the City Council. Failure of the City to conduct an named review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement: nor shall the Developer have or coven any defense to scab enforcement by reason of any such failure to conduct an amual review. 303. Enforced Delay, Extension of Times of Performance. In addition w specific provisions of this Agreement. either Party heaunder shall not be deemed to ed in default where delays or defaults are due to war, insurrection. systemic financial distress, strikes, walkouts, hots, floods, earthquakes, fires, casualties. acts of Gad, governmenml carries' enactment of conflicting state or federal laws or regulations. new or supplementary envirmancreal regulations, litigation or similar grounds for ex used performance. If written notice of such delay is given withinthiny (30) days of the commencement of such delay, an extension of time for such cause shall be Wanted in writing for the period of the etdoreed delay, or lunger as may be mutually agreed upon. 304. Limitation of Legal Amb. In no event shall the City, or its officers, agents or employees, be liable in damages for any breach of violation of this Agreement. it being expressly understood and agreed that the Developers sole legal remedy fm a breach or violation of this Agreement by the City shill be a kid action in mandamus, specific performance or other injunctive or dedarstory relief in culture the linwhaces of this Agreement. 305. Applicable Law and Attorneys Fen. This Agreement shall be consultant and enfamed in accordance with the laws of the State of California. Developer acknowledges and agrees that the City has approved and enre d into this Agreement in the sole exercise of its legislative discretion and that the standard of review of the validity or meaning ofthis Agreement shall be that accorded legislative acts of the City. Except as set forth heroin, should any legal action be brought by a Party for brunch of this Agreemem or to etd'ome any provision herein. the prevailing Party of such action shall be counted IS reasonable attorneys' fees, coon costs and such other costs as may be fixed by the Corm. 306. Invalidity of Agreement I. If this Agreement is determined by a court to be invalid or unenforceable, Us Agreement shall automatically tomminste az of the date of final entry ofjudgment. 2. ]]'my provision of Ws Agreement Is determined by a court to be invalid or unenforceable, or if any provision of this Agreement is rendered 'invalid o unenforceable according to the arms of any law which becomes effective after the date of this Agreement and either petty in goad faith demrdnes that such provision is material to its entering into this Agreement, either party may elect to terminate Nis Agreement as to all obligations Nen remaining unperformed in accordance with the procedures set both in Section 300, subject, however, to the provisions of Section 307 hereof. 307. Effect of Termination on Developer's Obligations. Termination of Nis Agreement shall not affect the Developer's obligations to comply with the General Plan and the terms and conditions of any and all land use entitlements approved with respect to the Subject Property prior to such termination, nor shall it affect env other covenants of fee Developer specified in this Agreement to continue after the termination of this Agreement. If potions of the Subject Pmpety are held in separate ownership at the time of such termination, this Agomment may be terminated only as to such potion and no such termination shall impair the continuing applicability of this Agreement to the remmoder of the Subject Pmpettv. 308. Certificate of Compliance. If after an Annual Review based upon City's own investigation and information provided by Developer. City finds Developer has complied in good faith with this Agreement. City shall issue b Developer a Certificate of Compliance certifying that Developer has so complied Nmugh the period of the applicable Annual Review. The certificate of Compliance most he in recordable toms and most contain such information as may he necessary to Impart constructive notice of City's finding. Upon issuance of the Certificate of Compliance, City is estopp xf from pursuing any remedy under this Agreement for any default which City knew or should have known existed prior to or on the dale ol" the Certificate of Compliance. Developer may record the Certifiwe of Compliance in the Official Records of the County of Fresno. 389. Certificate of Satisfaction. After completion of the Project, City, upon request of Developer. shall execute in revocable form and deliver to Developer a Certificate of Satisfmdioa certifying Nat Developer has satisfied all of Developer's obligations under this Agreement to the dam of the cmdfcmion. Upon issuance of a Certificate of Satisfaction. City is estopped from pursuing any remedy under this Agreement for any default which City knew or should have known existed prior to or on the date of the Certificate of Satisfaction. Developer may record the Certificate of Satisfaction in the Official Records of the County of Freano. z 309.1 POBey, on Alleged Construction Deficits. City. and Developer acknowledge that it is in the best interests of City, Developer, homeowners and homebuyers. that all parties he able to rely upon a high quality of concoction in a new community in order to protect healdn and life salety and to preserve the reputation of the ntmmuntly and its surainability and integrity, including dwelling units and common areas and spaces to be maintained by property owners associations. City and Developer also acknowledge thm there has been an inerease in construction defect litigation throughout California, including claims based on aheged failures to comply with the California Building Code and claims based on alleged failures to mat local standards of good workmanship and materials. Accordingly. City and Developer agree hand its the owner of a dwelling unit ("Owner") or a property owners association ("Association'), claims that a condition exists at the residence or the common areas or spaces that docs not comply with the Califrmia Building Cade as amended and adopted by the Cin of Fresno, the Owner or Association shall either repair the ondition or provide a written disclosure statement describing the condition to all potential lenders and buyers of the Owner's. property or of any property within the Association or to any member and lender to the Association. Furthermore, upon notice orsuch a claim City shall record allotice of Claimed Construction DefeNs) on the applicable Owner's or Association property to ensure compliance with this policy and shall record a Notice of Repair of Claimed Construction Defect(s) after the Owner or Associated has obtained all required permits to perform the repair work and has repaired the claimed construction defect(s), and after the repair work has been inspected and approved by City. Prior to recording the Notice of Claimed Construction Defcags), City shall first give written notice to Developer and to Owner and Association of its indention to record same and shall give them a reasonable opportunity to object, provided that City shad decide whether to record such Notice based on the provisions of this paragraph. City shell have no liability to any party for damages resulting from City's anions bartender and Developers only remedy for City's failure toact hereunder shall he by a claim for specific performance. Developer is not entitled to recover anomeys fees car Irrigation expenses associated in seeking specific performance of this section. ARTICLE 0 INDEMNITY: LNSURANCE 400. Indemnityannuranee. 400.1 Indemnification. To the furthest extent allowed by law. Developer shall indemnify, hold hmmless and defend City and each of its officers, oRcials, employees. agents and volunteers against any legal challenges to the Development Approvals. including any challenges arising out of the City's alleged violation of the California Evvirovmanml Quality Act and from any and all loss. liability, fines, routines, forfeitures, costs and damages (whether in contract, tart or said liability, including but not limited to personal injury. death a any time and property damage) incurred by City, Developer or any other person, and from any and all claims, demands and actions in law or equity (including atlomoy's lees and litigation expenses), arising or alleged to have ansen directly or indirectly out of performance of this Agreement or the performance of 23 any oral) work to be done on On -Sim Improvements or Off -Site Improvements pursuant W this Agreement (including, but not limited W design, construction aralmr ongoing operation and mo mrunce unless and until the facility is dedicated to and officially accepted by the City), Developers obligations under the preceding provisions include anv claims related W or arising out of the Developer's claim of a right m exclude public utilities from private streets. Developers obligations under the preceding sentence shall apply regardless of whether Developer or my of its officers, officials, employees or agents arc passively negligent, but shall not apply to any loss, liability. lines, penalties, forfeitures, costs or damages caused by the active or role negligence. or the willful misconduct, of City or any of its officers. officials, employees, agents or volunteers. If Developer should subcontract all or any portion of the services to be performed under this Agreement Developer shall require cath subcontractor to indemnify, hold harmless and defend City and each of its officera officials. employees, agenda and volu ern in accordance with the terms of the preceding paragraph. The Developer further agrees that the use fat my purpose and by my person of my and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Developer at all rimes prior to final acceptance by the City of the completed mat and other improvements. This section shall survive termination or expiration of this Agreement. 400.2 Insur ince. Throughout the life of this Agreement. Developer shall pay for and maintain in fallfotce and effect all policies of insurance described in this section with an insurance eompmy(ies) either (i) odmltted by the California Insurance Commissioner to de business in the State of California and rated not less Nan IA- VII" in Best's Insurance Rating Guide, or Bi) authorized by City's Risk Manager. The following policies of insurance are required: a. COMMERCIAL GENERAI. LIABIC11-V insurance which shall bet at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bdily injury, property damage and personal injury with coverage for premises and operations (including the use of award and n wnd equipment, products and completed operations. contractual liability (including indemnity obligations under this Agreemseatwith limits of liability of not less dun $2000,000 per occurrence for bodily injury and property damage, $1,000.000 per occurrencefor personal injury and $3.000,00) aggregate for products and completed operations. It. COMMERCIAL AUTOMOBILE IJABILITY insurance which dull be at least ss broad as the most event version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all weed, hired, and non -owned automobiles or other licensed vehicles (Code 1 e Any Auto), with combined single limits of liability afoot less then $5,000,00) per accident for bodily injury and property damage. 24 C. WORKERS' COMPENSATION insurance as required under the California Labor Code. Developer shall file with the City pursuant to Session 3800 ofthe Labor Code, a Certificate of Workers' Compensation. d. EMPLOYERS' LIABILITY with minimum basis of liability of not less Ware $100,000 each rodent, $1,000,000 disease policy limit and $1,000,000 disease each employee. Developer shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Developer shag .also be responsible for payment of my self-insured reumtions. The above described policies of hnurnnce shall be endorsed to provide an restricted 30 calendar day written notice in favor of City of policy cancellation of coveranti,except f r the Workers' Compensation policy which shall provides 10 calendar day written notice of such cancellation ofcoverage. In the event any policies are due to expire during the term of this Agreement, Developer shat provide a new certificate evidencing renewal of such policy not kis than fifteen (75) ealeodar days prior to the expiration date of the expiring pafig(im). Upon issuance by the insurer, broker, or agent of a notice of cancellation In coverage, Developer shall file with City a new certificate and all applicable endorsements for such policy(ies). The Cenral Liability and Automobile Liability insmnnce policies shall he written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Developer's insurance shall be primary and no contribution shall he required of City. Any Workers' Compensation insurance policy shall contain a waiver of submgation as to City, its officers, officials, agents, employees and volunteers. Except for the Products and Completed Operations coverages, Developer shall have finished City with the cenificate(s) and applicable endorsements for all other required insurance prior to City's execution of the Agreement. With regard to the Products and Completed Operations overages, the necessary Certificates of Insurance and all necessary endorsements shall be famished to the City prior to Developer commencing work to construct any of the improvements required by this Agreement, or the City's issuance of my permits to construct my of the improvement covered by this Agreement, whichever occurs first. Nothing in the preceding sentence is intended m authorize We Developer or my of its suosemarmtors to proceed with the work covered by this Agreement without lint claiming my necessary City permits to perform my pm of that work. Developer shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or my extension, and this requbement shall survive lermimtion or expiration of this Agreement. If a my time during We life of We Agreement or any extension. Developer fails to complain the required insurance in full force and erect, me Director of Public Works, or his/her designs. may order that the Developer, or its combustion or subcontractors. 25 immediately discontinue any further worst under this Agreement and force all nemasaty actions to secure the work site to insure that public health and safety is pmtecmd. All payments due or that become due to Developer shall Isc withheld until notice is received by City that the resurrect insurance has been restored to full force and etT¢t and that the premiums therefore have been paid for a period satisf tory to City. Any failure to maintain the required insurance shall he sufficient cause for City to mordimte this Agreement. the fact that insurance is obtained by Developer shot) not be deemed to release or diminish the liability of Developer, including, without limitation. liability under the indemnity previsions of this Agreement. The duty to indemnify City shelf apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to tie provided by Developer. Approval or purchase of any insurance contracts or policies shat) in no way relieve form liability nor limit the liability of Developer, its principals, officers, agents, employces, pertains under the supervision of Developer, vendors. suppliers. invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any ol'them. Upon request of City, Developer shall immediately furnish City with a complete copy of env insurance policy required under this Agreement. including all endorsements. with said copy certified by the underwriter to be a true and correct copy of the original policy. Tkirmuirement shall survive expimliunortermination of this Agreement. If Developer should subcontract all or any portion of die services to be performed under this Agreement, Developer shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employee, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractorscertificates and endorsements shall tie on file with Developer and City prior to the commencement of any work by the subcontractor. 461. Notice W Developer. The City shall pmmpdy give notice to Developer n accordance with Section 600 of this Agreement of any case, action or pracexiing brought against the City concerning this Agreement or the Subject Property, ARTICLES PROJECT AS A PRIVATE UNDERTARINC 500. Project as a Private Umderdaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Subject Property is a separately undertaken private development and that the command relationship neared hereunder between the City and Developer is 26 such that Developer is an independent connector and is not an agem of the City. Now of the terns or provisions of this Agreement shall ber deemed to create a partnership or joint venture between the City and Developer or to provide thin) party beneficiary rights many person or entity not a Party hereto. The only relationship between the City and the Developer is that of a govemmemal entity regulating the development of private property and the owner of such private property. ARTICLE 6 NOTICES 600. Notices. All formal notices required by this Agreement shall be in writing and delivered in Fission or sent by certified mail, postage prepaid, to the principal offices of the City and the Developer with copies sent as set forth below. The addresses of the parties as of the date hereof ere as set forth below. Such written notices, demands, correspondence and commmdcation may be directed in the same manner to such other persons and addresses as either party may from time to time designate in writing. The Developer shall give written notice to the City, within ten (10) days after the close of escrow, of any sale or tanager of any pawn of the Subject Property and any assignment or partial assignment of this Agreement. specifying the more or names of the transferee, the naosferee's mailing address, the legal description of the land sold or transferred, and the name and address of any person or entity to whom any notice relating to this Agreement shall be given with respect to such transferred portion of the Subject Property. Notices ttquired to be given to Use City shall be addressN as follows: City of Fresno Planning and Development Department 2600 Fresno Scree Fresno, California 93721 Attention: Planning Director Notices retained to be given to the Developer shall be addre d as follows: AshlanMeyes No. I. L.P. c/o Brent McCufircy 7020 Van Ness Boulevard Fresno, CA 93711 27 with a copy to Sanger A Olson 576 Sacramento Street. 7's Floor San Francisco, CA 94111-3023 ARHCLE 7 MSCELLANEODS 700. Amendment of Agreement. This Agreement may be amended from time to time with respect to any portion of the Subject Property by mutual consent of the City and the Developer (un the extent that it continues to own any portion of the Subject Property) and of the themcmrent owners) of the portions of the Subject Property affected by such amendment with City costs payable by the amendment applicant, in accordance with the provisions of Government Cade Smtioon 65867 and 65868. 701. Waiver of Production. No waiver of any prevision of this Agreement shall be effective udess in writing and signed by a duly authorized representative of the perry against whom enfomement of a waiver is sought. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of any other occurrence or event. 701. Timeof EEsari Time is of the essence for each provision of this Agreement of which time is an elemem. 703. Entire Agreement. This Agreement is executed in two duplicate originals, each of which is deemed to be an ungmal. This Agreement connote of twenty-nine (29) pages and eight (8) exhibits, which constitute the entire understanding and agreement of the Parties. Said exhibits are identified as follows: Exhibit A: Legal Description of the Subject Property Exhikit 0R� Diagram of Area Subject to Agreement Exhibit C: lDeletedl Exhibit D: lDeletdl Exhibit E: On -Site Improvements 28 Exhibit F: Phasing of OR -Silo Improvements (two pages: a list and a approved phasing map) Exhibit G: IDeletedl Exhibit H: IDeletedl Exhibill: Staff Report to C'uwcil Exhibit J: Ordinance Adopting Development Agreement Exhibit K: Conditional Use Permit Exhibit L: Vesting Tentative Tract Map 5891. Recirals A through N are incorporated into the Agreement. In the event of inconsistency between the Recitals and rhe provisions of Articles I though 7. the provisions of Articles 1 through 7 shall Prevail. IN WITNESS WHEREOF, the City and the Developer have executed this Agreement as of the date first set forth above. CITY: APPROVED AS TO FORM: 1 ox, Deputycity Attorney Date: DEVELOPER: ATTEST: REBECCA E. KLISCH C� BV Deputy CITY OF FRESNO By:� I1401 ASHLANIHAYES NO, 1, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: MCCAFFREY GROUP, INC. er By Brent M. McC Ila President 29 STATE OF CALIFORNIA) SS. COUNTY OF FRESNO ) On Februmv 2.211(19, before me, Michele L. Bogan, Notary Public, personally appearmL Brent M. McCaRrev who proved to me an the basis of satisfactory evidence to be the person(s) whose names) Were subscribed to the within instrument and acknowledged to me that hdshe/thev executed the same in his/her/their capacity(ica), and that by his ber/their sigoature(s) on the instrument the person(s) or the entity(ies) on behalf of which the pemon(s) aetml, executed the metrnment. 1 certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal Y . _iI. n Notary Public L.S. My Commission Expmen: Apri129, 2011 rayon I i c t Mwaxoa 3742M a ' net.c me an tower W ru,n�sm'lpeawla.stt USER'S CERTIFICATION State of California ) County of Fresno ) On February 34, 2009, before me, Elvis Sommerville, Deputy City Clerk, City of Fresno. personally appeared, Andrew T. Souza, City Manager, who proved to m m othe basis of satisfactory evldce, to be the person(e) whose n me(s)is/are subscribed to the within instrument and acknowledged to be that he/ahe/they executed the s n his/her/their authorized capacity(ies), and that byhls/ber/their signature(s) an the instrument the person(s) acted, executed the Instrument. I certify under PENALTY OF PENURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. BUSCH, LMC City Clerk, City of Erases t aa_q\` EXIHBIT "A" LEGAL DESCRII TION "a IoM referred to th this Agreement is described as follow; Parcel I: The Nath half of the Northwest quarter of the Southeast quarter of Section 16. Township 13 South. Ranges 19 Put. Mount Diablo Base and Mendian in the City of Fr cams County of Fenno. Stale of Celifomia, axarding to the Official PIs dames.. Except Ne NOM 30 feet themf heretofore conveyed to Friend Traction Company. Parcel 2: The NOM arse -half of the South one-half of Ne NOMwest quarter of the Soudi answer in Section 16. Township 13 South Rene I9 East, Mourn Diablo Base and Munchen, in the City of Fresa. County of Ftano. State of Coliforms, ascom ing to the ficial Plot Miami. Psai 3: The South os -half of the South one-half of Ne NaMwest quarter of the Southeast quarter in Saxon 16, Township 13 South, Range 19 Emt Mount Diablo Ba¢ and Mendian, in the City of Fresno. County of Fresno. State of Califmnia, accepting to the Official Plat deraf. Excepting therefrom the South Ih5:00 fen of the West 54%.00 fen, as conveyed to David g Iaello,byDip Drat named many 21. 1985 as Document No. 115067612, Official Rewrds. Parcel 4: The NOM one-half of the NoM arc -half of the Samthwest quieter of the Southeast quarter in Section 16, Township 13 South, Range 19 Est Mount Diallo Base and Monition, in the City of Fresno, County of Fresno. Sure of Califamia. according to the official Plat Mendf. Excepting therefrom all oil, gas and mureins imviously vdery of record. Parcel S: The NaM half of ted North half of the Southeast quacir of ted Southeast quieter of Section 16, Township 13 South, Range 19 Fast in ted City of Finesse. County of Fresno. Suns of Cali bonds, Mount Diablo Base and Mmdian, Escaping therefrom Ne South 150 feet of the Est 215 fat of the North half of the NOM half of the Southeast quarter of the Southeast qussa of sued Section 16. Also has most Westerly 660 of Parcel 2 of Parcel Map No. 4474, recorded in Book 31, Page 26 of Parcel Maps, Fresno County 16coNs. Exhibit "A" Legal Description tont. Parcel 6: The South 3/411, of the Southwest quarter of the Southwest quarter end the West half of the South 3/4ths of the Southeast quarter of the Southeast quarter all in Section 16, Township 13 South, Range 19 Fest. Mount Diablo Base and Meridian, in Ile City of power, County of Fret Sense Of Caliromia, exuding to the Official Plat thereof. Fresno County Records. Excepting therefrom the South 287 fact of 0e Next 474 fart of the West 440 fat of the South 3/4Ms of Oe Southwest quarter of the Southeast quarter of said Section 16. Also excepting therefrom the South 2Og fed of due North 682 feet of the West 228 feet of the South 314Ihs of the Southwest quarter of the SouNeut quarter of said Section 16. Also excepting thwrefiom the South 326.00 fat of the East 29500 fact of the Wed half of the South 3/4ths of the Southwest quarter of Ne Southeast quarter of sad Satin 16, Parcel): The South half oldie North half of the South half of the Feet half or Oe East halfuf the Southeast qusrtaof Section 16, Township 13 South, Rengr 19 Fast, Mount Diablo Base and Mendere. in The County of Fresno. Suteof California, aareding m the United States Oovernsome Township Plat, Parce18: The North I2 of the Southeast I/4 of the Nonheau 1/4 of the Southeast 1/4 of Section 16. Township 13 South, Range 19 Fs u. Mount Diablo base and Mention, in Ne County of Caere. State of California, accoNWg to the Official Plds domain. Excepting therefrom the North 330 fat of the Fad 330 fed thereof. Parcel 9' She North 12 of the Northwest 1/4 of the Southeast 114 of Section 16. Township 13 South. Range 19 Fest, Mount Diablo Baro ad Mendian, in the County of Fresno. Sure of California, according to the Wicid Plat thereof. Excepting therefrom the East 210 fed of the South 420 fed Mercer. Also excepting Morfmm rhe interest m decided to Toaster Traction Company, a corporation, over Me NOM 30 fat of said Southeast 1/4, as ddd in flat urtain Indenture recoNd October 2, 1913 in Volume 535 of Deeds, 9 pato IM. Frrtno County Records. Parcel It: The Southwest 1/4 of the Northeast 1/4 of the Sone sst 1/4 of Section 16. Township 13 South, Resign 19 Fest, Meant Diablo Baa and Meridian, in The County of Fresno, State of California, acemding to the Official Md thereof, Excepting thcrefmm the South 30 fact thereof. EXHIBIT B EXHIBIT E Exhibit E Onsite Improvements (All Rema included hereinbelow are a general fstlng of those. Impmvements applicable to the development of the subject property. All Improvements are to be provided in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-07-308 and Vesting Tentative Treat Map No. 5891/UGM dated November 05, 2008) • Curb & Gutter(including curb ramps, driveway approaches, atc.) • Median Island Curb • Asphalt and Street Pavement • Sidewalk and Street Furniture (including flags, banners, identifca[ion signs and klosks). • Landscape and Irrigation for Perks, Open Space, and Buffer purposes, including: Major Street Entryways Aggregated! Open Space • Pedestrian Connections/Pathways • Interior"End-Block" Treatments • "Anti -Graffiti" Buffers Adjacent to Required Walls and Fences • Street Trees, Parkwey Landscaping, and All Shading • Fountains • Entry Monuments • Required Fences andldr Solid Masonry Walls • Emergency Access Gates, Barriers and Barricades • Sewer Main, Manholes and Laterals • Abandonment of all exidng Povate Sewer Septic Systems • Water Main, valves, Fire Hydrants, and Laterals • Seal and Abandon existing Wells) Exhibil Ali. .,.. I Storm Drain Pipelines, Inlets and Manholes • Rule 15 PG&E, Cable IN, and Telephone • Piping of Private Irrigation Genal(s) • Street Lights • Parking Lot Improvements • Demolition of existing Extent Structures Construction of proposed Residential and Commercial Structures PAGES I AND TVJOOFTWO PAGES EXHIBIT F Exhibit F Offsite Improvements (Alt items Included hereinbelow are a general listing of those Improvements applicable to the development of the subject property, All Improvements are to be proviEed in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-07308 and Vesting Tentative Treat Map No. 5891IUGM dated November 05, 2008; and pursuant to the Phasing of Street Improvements as identified within this Exhibit or the Phasing of Public Utility Facilities as Icantified within this Agreement) • Curb & Gutter including Bus Bay Curb and Gutter at identified locations Raised Concrete Median Islands at identified locations • Asphalt and Permanent Street Pavement at identified locations • Sidewalk at dandified locations and Walkable Paths across adjacent property for safe routes to schools • Circular or"Hammerhead" Driveways for identified adjacent properties Landscape and litigation for Open Space purposes along he major street • frontages; including Bicycle and Pedestrian Trail. • Sewer Main, Manholes and Laterals • Water Main, Valves, Fire Hydrants, Laterals and Reclaimed Water System • Water Supply Wells) • Storm Drain Pipelines, Inlets and Manholes • Piping of Private irrigation Carel(s) PG&E, Cable TV, and Telephone (Ashlan, Hayes, Gettysburg, Bryan) • Undergrounding of Overhead Unifies • Traffic Signals (Ashlan, Hayes, Gettysburg, Bryan) and Stop Signs at idenffiled locations. • Street Lights (Ashlan, Hayes, Gettysburg, Bryan), Underground Lighting Systems and Trail Lighting • Right of Way Acquisition (Ashlan, Hayes, Bryan) ^6hr F•( • Construction of additional lanes and widening within identified Greet segments outside project boundary • Construction of left and nghbtum lanes with pockets and acquisitions at Identified intersections • Installation of stop signs, safety lighting and signalization at identified intersecrons • Instaffabon of Intelligent Transportation System (ITS) conduas and fiber with pole boxes and equipment at identHied intersections with WeG Ashton Avenue for synchronization • Provisions for necessary lane configurations antl proper transitions for appropriate speeds at identified intersections • Full improvements and construction of walkable paths across remainder and outlying lots that create bottlenecks • Installation of safe pedestrian crossings and sidewalk access from all subdivision outlets to the CUSC Schools and accommodation for Dike lanes. PAGES 1 AND TWO OF THREE PAGES (THIRD PAGE WITH PHASING MAP) A&C F•1 7� 3nNgAV xnOJ 3nNIAV VIl3Nb00 �e000 1g[s �9ill90 }oa�o � �yv 3nNgAV xnOJ EXHIBIT I &A/B/T z REPORT TO THE CRY COUNCIL AGENDA REM NO. COUNCIL MEETING: 12ltama e.. �.+w' ��►- FROM: KEITH BERGTHOLD, Interim Director Planning and Development Deportment THROUGH: DARRELL UNRUH, Planning Menagerrll. Planning Divtabn BY: WILL TACKETT, Planner 111 Planning Division SUBJECT. CONSIDERATION AND ADOPTION OF ADENDUM TO ENVIRONMENTAL FINDING OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. A-0]-0&A4)7-MC4]-30&rr-5881 AND APPROVE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FRESNO AND ASHLANHAYES NO. 1 LP AS AUDIOR= BY THE PROVISIONS OF GOVERNMENT CODE SECTION 85884 Er SEO RELATING TO THE APPROXIMATELY 122.83 NET ACRE RESIDENTIAL AND COMMERCIAL DEVELOPMENT APPROVED BY TENTATIVE TRACT MAP NO.5NWOM AND CONDITIONAL USE PERMIT APPLICATION NO. C-07.908 KEY RESULT AREA One Fresno RECOMMENDATION Sten recommends the City Countll sae me following attain 1. Require payment of pie necessary and be rrlent to City of prmw ori fee prior b execution of tiw Development Agreement by end baMeen me Cary of Frsarw and AahleNHayea No. 1 L.P. 2. APPROVE the addendum to me environmental finding for Ealronmental Assessment Ne. A-()7 rR-07-2g/C47-30Brr-5BBINGM Eaten March 13, 2M. that to project proposal V0111 not hew a slgMBcant effect an to emaranment eubpct to Me Implementation of the iEenteied mitigation conforms to me provisions of the 2025 Fresno General Plan Mester Environmental Impact Report (MEIR No. 10130). 3. Introduce and Adopt Oniinarwe approving me Development Agreement by and between the City of Fresno and AshtaNHayes No. 1 LP for the development of property as approved by Tentative Trees No. 5891 and Conditional Use Permit No. C-07-008 EXECUTIVE SUMMARY Subsequent to the City Council's approval of Plan Amendment Application No. A4)74I8 arta Remne Application No. R-07-29, the Frea d City Plennmg Commission, at 8a meeting on November 05, 2". approved Vesting Tentative Tree Map No. 5NWGM and COM2onal REPORT TO THE CIWCWNCIL Development Agreement for Trait Map No. 5091 December 16, 2000 Paw 2 Use Permit Application No. C-07-308 (filed by the McCaMay Group) authomfing the subdivision and planned development of approximately 121.93 net acres (126.89 gross acre) of property located between Weat Ashlan Avenue and Me Wast Gettysburg Avenue Alignment and, between North Bryan and North Hayes Avenues. Vesting Tentative Trect Map No. 5891/UGM and Conditional Use Permit Application No. C-07-308 provide for a 73B- let, single family residential (648 dwelling units) subdivision and nalghboritcl commercial shopping center (4 lots) with BE Outlets proposed to W dedicated for various open space, private street and pending purposes. Under the provisions of Section 65865 at seq. of the Government Cafe, the any of Fresno Is authorized to enter into a Development Agreement with any person having a legal or equitable Interest In real property for the development of Me property. The purpose of the Development Agreement is m strengthen the public planning process, encourage private participation in comprehensive planning, and secure Investment in, and commitment to, public facilities and infrastructure In Me vicinity of Me project in order to assure the maximum efficount ulilitauon of resources at Me least economic cost to the public. The purpose of the subject proposed development agreement by and between Me City of Fresno and Ashlan/Hayes No. 1 L.P. (McCaffrey Group) Is to Negotiate and stipulate femw respective to: (1) Vested Rights; (2) The timing within which key elements o1 Me project need to be commucted; (3) The sale, transfer or assignment of all or a portion of the project and rights, duties or obligations of the agreement; (4) Allocation of fee credits and reimbursements (i.e. developer financing); (5) The subjectivdy of Me project M exactions such as adopted regional mitigation Inn assessments; (6) Acknowledgement of potential or Permitted alternatives to the approved! project (e.g. density and Intensity of uses) arel conditions, terms, restrictions and requirements for subsequent discretionary adona; and, (7) The duration of the agreement. Stiff recommends approval of Me Development Agreement in accordance whit that requirement findings which must be made pursuant to applicable atetutes and as contained in the attached resolution. KEY OBJECTIVE BALANCE Council action regarding this proposed land use application optinrl Me three Key Objectives of Customer Satisfaction, Employee Satisfaction, and Financial Management. Affirmative s cion by Me Council will result in timely deliverance of the review and processing of the application as is reasonably expected by Me applicant/customer. Prudent financial management is accomplished with the completion of MIs land use application In an expedient manner inasmuch as Me applicanVcustomer must pay a processing fee to the City of Fresno for this application and Met fee Is, in turn, funding the operations of Me Planning and Development Department which is an enterprise funded activity. However, at Me tone the presentation of Mie matter to the City Council, the applicant hes not used the required processing fee for Me developmets agreement application. Employee satisfaction is derwed from completing a project in a responsible, professionally competent and becNnicBlly coned manner thereby enhancing Me sense of accomplishment in the completion of the application process which is exposed to result in Me development Mat will contribute to a passing and functional urban community. REPORT TO THE CITY COUNCIL Dwebpmers Agnse,nentiorhecl Map No. 5681 Dewmbor 16, 20M Page 3 Fresno City Planning Commission The Fresno City Planning Commission, at its meeting on November 05, 2008. appreved Vesting Tentative Tract Map No. 5081A1GM and Conditional Use Permit Application No. C-07- 308 (tiled by Me McCaffrey Group) thereby auNariring the subdivision and planned development of appwximatety 122.93 net acres (126.89 gross acres) of property located between West Ashlan Avenue and the West Gettysburg Avenue Alignment; and, between North Bryan and NOM Hayes Avenues. Vesting Tentative Tract Map No. 5891IUGM and Conditional Use Permit Application No. P07-308 propose a 738 -lot, single family residerMel (898 dwelling unite) subdivision and neighborhood commercial shopping center (9 lots) Wil 86 Outlots proposed to be dedicated for various open apace, private street and paridig puryoass. On December 10, 2008, the Planning Commission considered and recommended that the City Council approve the Development Agreement for the project as provided by Tentative Treat No. 5891 and Conditional Use Permit No. C -07-30B. The report to Me Planning Commission and attachments provides in detail a description of Me project together with Me purpose and provisions of the development agreement. ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project In accordance with the requirements of Me California Environmental Quality Ad (CEOA) Guldellnes. This process included the distribution of requests for Comment tram other responsible or affected agencies and interested organizations. Preparation of Me environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously preperetl environmental and technical studies pertinent to Me West Area Community Plan area, Including Me Master Environmental Impact Report (MEIR) No. 10130 for Me 2025 Fresno General Plan. These environmental and technical studies have examined projected ""go generation name of planned urban uses, Me capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource Conditions; water supply production and tllddbution "Win capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location Identification. The proposed amendment of the adopted 2025 Fresno General Plan, hes been determined to not be fully within the scope of MEIR No. 10130 fie provided by Me CEOA, as and In the Public Resouroes Cede (PRC) Becton 2115T.1(d) and the CEOA Guidelines Breach ISM(c). It has been further determined that all applicable mitigation massuree of MEIR No. 10130 have been applied to the project, together went project specific mitigation measures necessary to assure that the project will cwt cause significant adverse cumulative impacts, growth inducing impacts and Irreversible significant effects beymW those identified by MEIR No. 10130 as provided by CEGA Section 15178(x). In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), staff has determined that no substantial changes have occurred wIM respect to REPORT TO THE CITY COUNCIL Devalcpm nd Agreement for Tract Map Na. min December 16, 200 Pagan the circumstances under which Me MEIR was Certified and Mat no new information, which was not known and could not have been known at he time Mat the MEIR was certltied as complete, has become available. Therefore, It has been determined that based upon Me evidence in Me record Mat Me project will not have a significant impact on Me environment and Met he filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEDA Section 21157.5(x)(2) and CERA Guidelines Section 15178(b)(1) and (2). Based upon Me attached environmental assessment and Me list of Identified mitigation measures, staff has determined that More Is no substerkal evidence in the record Met the additlon of the Development Agreement to the project description contained in the Initial study and Fumigated! Negative Declandlon prepared for Environmental Assessment No. A -07-06/R- - 29/C-07-3084.5891 dated March 13, 2009 ("MND"), through the Addendum dated December 16, 2008 results In a substantial change In the project through the Involvement of new significant environmental effects or a substantial increase in Me severity of previously identified signylcent effects. Accordingly, pursuant to the following findings, providetl in asoftlance with Sections 15162 and 15166 of Me Calilomla Environmental Quality Act (CEGA) Guidelines, the Addendum to Me Mitigated Negative Declaration prepared for Environmental Assessment No, A -07-08/8-07-29/C-07-3088-5891 may be approved: 1. Substantial changes have not occuved In Me project and new significant endronmental effects or Incremes in severity of affects have not occurred subsequent to preparation of the mitigated negative declaration. 2. The project addressed within the proposed development agreement remains consistent with Me tentative tract map and conditional use permit approved by the Planning Commission on November 5, 2008. 3. The conditions of project approval, including the mitigation measures addressing potential adverse environmental affects remain applicable and no changes to Meas measures are proposed by the development agreement. a. The development agreement does not propose substantial changes with respect to the circumstances under which Me project will be implemented. S. In addition, no new information of substantial importance to Me nature or warily of potential environmental impacts or the effectiveness of the Identified mltlgadon measures have been Identified. These determinations can be made based upon Me knowledge Mat the environmental assessment inifial study was recently prepared and benefRted from all existing knowledge with the exercise of reasonable diligence. Endings of Consistency Section 65887.5 of Me Subdivision Map Act provides Mat a development agreement is e legislative act that shall ba approved by andinance and is subject 10 referendum and requires REPORT TO TME CITY CWNCIL OavelolNtea Agreement for Tract Map Na. 5591 OewmMa 19. Wait Pape 5 that: (1) A development agreement shall not be approved unless Me legislative body finds that the provisions of me agreemem are consistent with Me general plan and any applicable specific plan; and, (2) A development agreement that includes a subdivision, as defined in Section full (of the Subdivision Map Act), Well not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Me provisions of Section 66473.7 relative to the determination of a "sufficient water euppy as defined therein. For the purposes of approving the adoption of the proposed Development Agreement by antl between the Clry of Fresno and Ashla t/Haye9 No. 1 L.P., the City a Fresno is proposing that the abovereferenced and following findings be made: 1. The proposed pro/eCt is a development far which the Devebprtrent Agreement is appropnate. As the proposed project is of a size and scene and at a location to which it may be acknowledged, by the City of Fresno, Net the Developer Cannot at this time predict when, or the order In which, individual buildings on the Subject Property will be developed; and, Net such decision with respect to phasing of development of the Subject property will depend upon a number of circumstances not within the contrd of the Developer, (including, wall limitation, market Conditions and demand for the use or uses of the Subject Property, the Condition of capRal markets and availability of appropriate financing for the development of the Subject Property and similar factors), it may be determined that a development agreement is appropriate in order W provide certainty and assurances (to both the City of Fresno and the Developer) that Me approved project can be built In a manner which will not waste resources, escalate Me Coat of housing and other development to the consumer, or discourage investment in and Commitment to Comprehensive planning which would make maximum efficient utlllzation of resources at Me least economic cost tc the Public. 2. The proposed Devebprrent Agreement, In accordance wnh Section 65667.5 of the Subdivision Map Act, as Consistent arm she 2025 Fresno General Plan and West Arse Community Plan. M Me proposed Development Agreement relates to the development and s Adhiteion of the Subject Property as proposed by Conditional Use Per tit Application No. C-07- 308 and Vesting Tentative Trect Map No. 5891/UGM, which were approved an November 05, 2008 and datemline l (along with the design, improvements, density and zoning ordinance cdlede), to be consistent wind the goals, objectives, and policies of the 2)25 Fresno General Plan and Were Area Community Plan; and, fuller became the Agreement reinforces those conditions W approval and mitigation measures for the proposed project, which have been deemed necessary to results Compliance with Cold plans, it may be determined that Me Development Agreement is also consistent with said plans. 3. The proposed Development Agreement complies with Me Fresno Mumobal Code and Color applicable ordinances, sler0trini pdkies, and regulations at Me City of Fresno. REPORT TO THE CITY COUNCIL Development Agreement for Tract Map No seat December 16, 20mek Pape 6 As Me proposed Development Agreement relates and reinforces Me development and subdivision of Me Subject Property, or "Project', as proposed by CendMcnal Use Permit Application No. C-07-309 and Vesting Tentative Tract Map No. 5891N13M, which were approved on November 05, 2008; and fuller because the Project has been determined subject to the Conditions of Approval dated November 05, 2008, to comply with the design and property development standards of the Zoning Ordinance and local Subdreson Ordinance (except as modified in accordance with Planned Development Allowances), It may be determined that Me Development Agreement complies wbh the Fresno Municipal Code and all applicable ordinances, standards, policies, and regulations of the City of Fresno. 4. The proposed Development Agreement hnMers the public health, safety, and gamont wernare; and will not be maximally dehlmenfal to the use, enjoyment, or valuation or propedy, of other persons localed in the vicinly of the Subject Property. The proposed Development Agreement funhere Me public heallh, safety, and general welfare in that d helps to: assure Me improvement of the Subject Properly; Me provision of much needed infrastructure Improvements within the vicinity of the Subject Property; the efficient use of resources; and, the minimization of economic burdens to Me public and community. Furthermore, due to the quality of development proposed and the amenities It proposes to Introduce to no area in which it is prepesed to be located it may be determined Met the Development Agreement (in assuring Me project may Da built), contributes to Me enjoyment and valuation of property of other persona located in the vicinity. 5. The proposed Development AgreementprovMes for Gear and submancof public benefit to the Cly of Fresno and resldenta along with a schedule for delivery of that batnefrt. As acknowledged within the proposed Development Agreement, it is anticipated that the development of the Subject Pmperty in accordance with the Agreement: (1) Provides for Ne hodaing needs of a variety of households of various sizes most incomes and for neighborhood commercial services to serve such ocuseholds and others in Me vicinity; (2) Provides fa' a mixed use, pedesuian-friendly envhonmenl which mlures the need for travel; (3) Provides for a new community development especially suitable for are oma immediately acipmem in the new Cemm1 Unified School Disuict carni (4) Provides for are ecreatimwl and opar apace needs of this new mixed use community and for new infrastructure seting the West Commmdty Plan and. (5) Implements new standards for urban devetopmem through the facilirafon and adoption of Altemadve Public hnprovement Standards, utilizing narrower travel Index and wider Sidewalks with park strips, in order to complement design components such as reduced yes] setbade, smaller lots, and aeadamicidly pleasing two-nory dwelling unite that provide spatial deFlnidon and em oriented to a new kind of community development that fasten ped«oian comc^uvity and poundal for a mix of uses and esidermal dessitia. It may new be delnmirled Met ate proposed Development Agreement, through Me provisions contained Martin respective to Me duration of the Agmwleat veined rights, riming and phasing of improvements, does provide a schedule for delivery of benefits. REPORT TO THE CITY COUNCIL oewlopment Agwaras kv Tni Msp No. Met December te, supe Pool 6. The construction of public facflnfes required in conjunction with the development is adequate d serve the development. Through the processing of Conditional Use Permit Application No. C-07-308 and Vesting Tentative Tran Map No. 5891fUGM the City of Fresno has considered Me potential effects of this proposed development on the environment ad Me al of sufficient public facilities and services. Pursuant to the Conditions of Approval and mitigation measures adopted for development of the Subject Property 4 may be determined that there are adequate public facilities d some the development. This determination has been verified by Me City of Fresno Department$ of Public Utilities and Public Works. 1. The proposed Development Agreement ptowal specified conditions linear which further development not Induced in Me agreement may occur. The provisions of Recital "F' and Section 208 within Me proposed Development Agreement relating to -Subsequent Developmant Approvals" and "Amendments to Development Approvals", respectively, provide specified conditions under which further development not included in Me Agreement may occur. 6. The proposed Development Agreement requires a faithful perbrmance bond or other appropriate security in an amount deemed sufficient m guarantee Me law l pertomrsi of specified trams, conditions, rosdations, anchor requirements of Me Agreement. The provisions of the proposed Development Agreement do require a faithful performance bond and other appropriate security in amounts deemed suXiaent to guarantee the faithful performance of specifkd terms, conditions, restrictions, and/or requirements of the Agreement. 9. The proposed Development Agreement provides Mat Vesting TenM6ve Dad Maps No. 5891/UGM has consified with Me provisions of Sal 664]3.]01 Me Subdivision Map Act relative to Me determiner= of a "su ficiem water suppty"as defined Mersin. A water supply study hes been prepared for Me proposed project and is structured to comply fully with the requirements of Senate Bills (SB) 221 and 610. The results/conclusions of Mat study have been incorporated within Me analyses of Me proposed project with respect to Me California Environmental Quality Act and conditioning of Me proposed project for approval. This study Inddales Mat the City of Fresno will have sufficient supplies available during normal, single, and multiple dry yeare to meet the demands associated with Me proposed Project along with all reasonably foreseeable planned and future developments within Fresno$ sphere of Influence. The City of Fresno Department of Public Utilities hes reviewed and venlied sad study. REPORT TO THE CRY COUNCIL CarelopmeM AweemaM for Tons Map No. Will December 10, 2006 NWB CONCLUSION/RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with the goals and policies of Me 2025 Fresno General Plan the West Area Community Plan; ire compatibility wall 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 Me accompanying environmental assessment. Upon consideration of this evaluation, and upon Payment of the required processing fees, it can be concluded Mat the proposed Development Agreement by and between the City of Fresno and AsNan/Mayea No. t L.P. Is consistent with Me 2025 Fresno General Plan and Wast Area Community Plan and, that the associated Vesting Tentative Trod Map No. 68911UGM will comply with Me provisions of Section 66473.7 of the Subdivision Map Act subject to compliance with Me terms d Me Development Approvals as referenced within the Agreement. Staff recommends that the City Council take Me following actions. 1. Require payment of the necessary development agreement processing fee prior to execution of Me Development Agreement by and between the City of Fresno and AsMeNHayes No. 1 L.P. 2. APPROVE Me addendum to the environmental finding for Environmental Assessment No. A- 074)8/R-07-29/C47-306/T-5891/UGM dated Merck 13, 2008, Mat the project propasal will not have a significant seed on Me environment subject to the implamentatkn 0 the itlentgied mMgation conforms to the provisions of Me 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 3. Introduce and Adopt Ordnance approving Me Development Agreement by and between the City of Fresno and AshlaNHayes No. 1 LP for Me development of property Me approved by Tentative Tract No. 5891 and Conditional Use Penna No. C 07-308. AnecbmenLL: Veiniw Map antl Ptojalt ENibira Dowropment Agreement by and between Me City of Fresno and AablaNHayw No.1 LP. Conditions M Approval la Terms" Two No. 5991 and Und0lonal Use Permit No.OW-308 Addandum to EnnrmmeMal Assessment NO. A-07489-24C-07308Il3891 dated Mash 13. 2008 M. PlarmnenComm Resolution Nal 1128M anC d 1� for yO r erniTentative Tract Mop Nos"I,1JBM and CmtitiwW Use Parmtl Applicabon No. 1>07399, ropectively. Planning Commel Resairmns No. City Canard[ Canal Bill McCa°rey 60 r ROUP Ih snibm 12.2M By Hand Daiveed said Klahoeie Mau '[W Honorable Mayor Assay road The Ilormas Members of the City Council City Hall 2600 Frsm gtma Fsemto, CA OM the: Devebpmevt Agmntent for T1ect MaP No 5891 Dar Mayor Autry sd Membm ofga City Coweil: We have thea working flea a number of fans; an the main significant potarit davclop essiM implementation of the Wal Am Community Planon the am we oxo immediately can ofdtc Catml Hnifid School Drown row campus. This r e very loge pmjs which will takes number omitsctodiumimant is nwil]11 amajori We hoe (over I ailmillion). at today's tutam newMissile, we, you wish at is We have mouse regwmd ad eR now W f rc you with a proposal DaelPpnss Agreement m aecwe ow artily to tory forward with this mojcl. Although we have walked out almost al issues with yew atalrad epprau¢ Heir wopareYon, dtae roman a few unresolvd motes which am critical m our commitment to move rorwmr. We x asking the Council to make de policy decisions rtwcssary to allow as to make the financial Consonantal neeCv to this long-tcmt project of as much impatmtee as dto Want Am Community plant. lTe issues set f M in Otis laamny W rvwly� by gm time you trcn but wehawhammmPhir staff W istaewith yemgrodingthemw Nis. ad,irrol resolved by thaltime whir watt, willhamaatad aymm mating on Tt a.y. 'from or these issues go to the wart of the p rimac of a Development Agmament, which involsce v sing right to approvals theory odeind and hmidog itineration to muslare with Oe eacmmm of those rights in the future l'bat In she hurt of any dcelomnent agreement, A faun of agreement wish which Fission has tilde«paierce Wl which is awell-mcngnimi had to aroumgedit mupmmitand Citmentduion tout massa apfu clopmcntegmnmcmtm4 automated by it must limit forum City discretion to abrogate go eppmvas momy obtained, either direlyhrasst issing of ddiiionaionirwmaiaenlwithrteapmovdaadotMraa da:menla or ea indirectlymen g imposing right Ormncial hurtled. In war melel it is ahial Ww a devalopmom agreement generally the right cafe Wildis ops m ch Imo, rot manly ve map a subdivision, bee m wnama home W convnvcul buildings which hmm beet appmvW, ie. m obtain Wilding ..., m Fra an. n,u. i IsAan_ i 101 su, 1 1 1,11 0.. 55925e1000 use. sayzse9010 'Ifie Honeable Mayor Ann mtl The Honanble Member of the City Council Page 2 Dsanber 12,2008 pvmias. It is sundard for development augments W limit the further exercise of discretion W actions commitment with the pace approvals and the asses ofthe agreement, se potent develupen ageingany, formofbuikd gwsewerorweerr rim orthe like(whetheriacrd by initiative or otherwise) and W protect the develops ageing the imposition ofadditiongfl W burdens not uniformly applied to all. We have been unable W date b agmc with suffon specific Language in the Development Agreement being prmented to You with reV= W the following items aml ser proposing language which we nit you in change or add. Sation 103: This secriov seeks W reserve W the City c rmin subunit) despiu the eyrremmt We have accepted thg concept regularly but we have nkof than the last sentence erw with the please Wa a answer not bn oulaust with than Agreement" because we believe then nilux W add such Wnguage CAMUS rte fart seolmce W uvdernine the cormwunata nude by the Agrxment itself that the City's police power is limited by the Agreement In the alternative we ask that the Wt veneeate W mW aectloa be deleted ansa it gene W W in emerging authority to ad In a manner Inconsistent with the agreement. It ureeogrdmd throughout the veru that the fundamenul purpose of development agusnam in to limit the City's otherwise fee "Mm of its police power with respect to the subject Mattes of the agresm m1. such n remrdng, dimpproval of maps, refiuel to issue building Permits and W foM. We ask that you add then bold language W t}ut apion a the sed. Sidon 201: This suction is specifically areukb W protect develgxr ageing ary, toque limiu on she tmtivg of actual building, ivcludittg protection from mosmaia In1966the Supreme Count held that unless dds subjects was d'¢eerly, eLlreased, a subsequent moabrium on issuance of building have or wgsa tows permit, ger. would be permitted. Hvm nda which wont agemnm with businesses irchWM specific Language b pmteer rior ase such s We are thhiahwines:comme win ismeraeofperm anderusWnlwithgapier appovals. We ask Wan the Int phrse coaunamieg ";or, watAgr. Agreement ending".... evidence nota in such record" he Mang. Cthmwisethe Devens uent orgoem!Plscontrlnot assoon missing by suchow: or owe possibly even aggrw we norma offorersl Plan emmdmmtu lions in by initigive a nstthen In Iteded b be clear Ng ecor vanot or seder cammiluns ofmome g in iafrnaWwre ab then n needed building panda m wets or sewer hoskupe even ifsome group dcidn then thine lien "emergency". This is pert ofthe ronuas being made hetwaa the devabpa ab the C'ty—W ren neabilitY W build ab W be tar t ins menar equal to exudne devnlopmevt Deny agwing aaWer acdon ax requimd W ctaeil scrvacn. Seeaoa 101.1: We hevehtl extwive ttegaiagota win geHovs reaavable limiew imreesee in impact fiau end exaction mrce ncy go a the heart ofprojra fnsibgity.In the mein The HoroMle Mayor Autry ant The Hwmleble Membms of the City Courril Page 3 Decvabcr 13,31)o41 we Mve nacWalSreanml. We are forth to dissent from We i Intl an iMV Msed an whm uliliYcs durruelnul the United Sml«Charge for book -ups MS any relatlonslYp In LLYYI eonis in F'rem. We Mn agrcd w use Ne l:ngincrin News RmoN(ENR) ocramniction mo iMexun moot Por inflation in conslruuion coos ant believe mal is only fair. We Ihmcfore ark tMt Ne RNR mrxsWGion wsliMcx MsuMtitubfordwpmpomd DPUW imbed ft. 'ITcsc uc We mmwntne isslm unremlval m of ardaY. I IopefullY carne a dl will M reol Y. 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A9 N1?AON m O Q } N TCC\, W 1 Q o � N I '- 1 m O Q -It N TCC\, 1 O � N I '- Ir - I Z w N � J II N N s: I i Q -It un TCC\, �r z �z '- Ir - Z w N � J II Q 1 7 �a Q � U � L' Ln O Q Ln J n � I i Q -It un TCC\, �r z �z Z w Q � J II Q 1 7 un C Q � U � L' Ln O Q Ln J ed.F 3n1�0 a131�N�3�J m -It un TCC\, �r 8 7 6 WICKER AvENue ME 647 648 417- Q- V 17 -a -V 641 ARBOR AVENUE ----------- 70'X 116' MIN. LOT - BUILDING SETBACK DETAILS .88 8 8 '8 ;m8 3 8 R:�3,,m $$ F B I. m. P, IN em 8,I _ m mu g�88 885,€ia id3iffiLa,tlrol4gSa�o 5 dr s 88 SS $$ A°g WN Q g,4,99 i. a '. 3 o-sz i8 N P a L�fl,3�n,a$ ai �@ SII 09 '°: S 8 8 8 8- Zrrc` 938 88 :E 8a'I m m .. --m... �ziayi�393F S F � >s- i -r. -4i 4+4?s tr,v4 Q a I '548111 ,8 &$ ',u gags ,e:88 8 a ___ Q� 200 WLO > 'Q �0� QZ,u �^ U iu ZLL W WQ Q r Z V O N Z� Q nQ Q O� zo (n Q W o U �7H Z uc w U V t0 N N 2� wi \� ) | \ :. . / \ \ \ � , \\_ { J � . / \' �q \ � , \\_ ` §- � . \' \ � , \\_ . THEMATIC PROPOSAL FOR TRACT 5891. TO THE CITY OF FRESNO McCaffrey TABLE OF CONTENTS I. NAME Ik LOGO II. THEMATIC BOARD BI STORY III, LAN OSCAPE CONCEPTS IV.. STREET NAMES AN D ALTERNATIVE STREET NAM ES V. STREET SIGNS, LAM P POSTS AND STYLE SELECTIONS VI. LOCATION OF SIG NAGE- BANNERS, KIOSKS, WAV -FINDING, ETC. r�w ull, The Square That's a Diamond. Tree -lined thoroughfares. Picturesque parks. Classic design. Refined details. Scenic walkways. Fountains, arbors, ornamental orchards, decorative pavers, vine -covered arbors. The gazebo. Flower beds. Character -laden walls and fences. Light posts. Wherever you turn, community charm abounds. Down the street, past the roundabout, are the village shops, where your morning latte awaits. There are places for picnics, fairs and festivals and the landscape sparkles with tivoli lights during the holidays. It's a well -cared for community, and it shows in the beauty of the homes, the lushness of the landscape, and the civic -mindedness it engenders. Kind of like those graceful, older neighborhoods we all cherish. Ours is a new place, but it's rooted In principles that will give it a vivid appeal and an enduring reason of being. �R [ ! [ ) \ k ARTISAN SQUARE STREET NAMES �� I-- •Rep , � - ^IL - "_®f V F RAFT — I Memo GAROifw- EN U '` T IIS - ov- 1 I LLL[; ITTMK �BLW - II AR! — FOUR DISTRICTS(Altemate Street Names) GARDEN ART CRAFT TREE Gms WLmWo1 Mawn oak Gm Nl'" Pone Syem� Ha pw, Cnmim T.lnmw Bwgh Hw1 PAM Tmonpa Thyme Cel6ge Andiron 5age M 1*,M,5 ol..nd.. Fnw.m 71, o, UA TSm.dnd SIH, %'1w, Cry l STREET SIGNS Shw41,, Say- Shedden Two WayCm Sig, SM1etld,,-Sa-ay- Sh,rii F... Way Est Sign Fully ea:a aI,min,m:trees:ig,. Tw,.way Fdly o"t I,mi„m areel.ig,. F,,,wav mm ,dcm,umed wi,F nppom,p'SH np. UPGRADED STREET LIGHTS FOR THE MAIN STREET AND RETAIL tamp�pom lights fai a long Arta. Parvwapnd,. the mtallam of Th"It mealy, eased upon a.a -y light P018 the:pacng would he a bout to, o.c vhngulahed down the street. rJcsvipuoi .93iriM12/pooFT4- AGTh, Vilbgm(Maeaman.e, Wl chose Smmbi vadhional looking 193o T,a,d,op wth 32'dem eashade for tber street hgbn.g_a mune oor Type dl mT..normlde the soo rerrssl doi is z5o vi high pante sadh,m lllnm o. TheTom t.d a bowgirdesnpp,Md br model]la, G ... Set nsmonditpved pole h alsn III A bdh�in ney odi. bam.er arm et, phimochl and elcsmnl oJet ARTISAN SQUARE SIGN LOCATIONS as "Wi1jum i Ir loll 116>�at ti1d _ 11' iii�i__ y 3m�m V' st um�rr ,. I - h aC1i'i7 s Ill I 1 _ Te' 1 I 1 �1iI It I� - Flags Every 30 Feet Flags Every W Feet Pve Banners an Lassoes ( Every 1 W Feet) Monumant Graphics Main Id Slgn Wayfinding f(IosRf Coming Soon Signs (Temporary) M Models Q Flags per lot & Model Id) I Sales Information (2 Flags por Lot Is Sales Info Slgnl P Forcing(ParWng Sign) as "Wi1jum DItAF7 21108 DEVELOP Between and hf BY and Between TAE CITY nd FRESNO and ASHLANMAYES NO. t L.P. THIS DEVELOPMENT AGREEMENT ("Agreement") is ennied into this day of , 2008 (the "Effective Date) by and between the CITY OF FRESNO, a municipal corpeadun Ohe "City'). and ASH1,AN111AYES NO. 1, LP. ("Idevehoper"), pursuant to the authority Of Section 65864 et seq. of the Government Code of the State of California with mspem to that project known as Artisan Square located in the area bounded by West Gettysburg. West Ashlar, North Hayes and North Bryan Avenue and Olio identified as Treat Map No. 5891 (me "Project") RECITALS A. Legal Authority. To srrenglhen the public planning process, encourage private participation in mmprthemive planning and reduce me economic risk Of development, the Legislature of the State of CapJumie adopted Sections 658(v4 at seq. of the Government Code l"Development Agreement Law") suth0ddng any city, county or city and county to anter into a binding development agreement with an applicant for a development ethical. establishing certain development rights in the pmpeny which is the subject of the development project application. As a chatter city, while the City is not limited to the Development Agreement law to enter into development agreements, the cby has elected in enter this Agreement under the Development Agreement Low. B. Project Deamiption. On March 13, 2008, the City Easily approved the Mitigated Negative Declaration for Ne project The. Pmjout is located in Ne Northwestern area of the City in an area subject to the West Area Community Plan and consists of approximately 126.89 acres, controlled by Devolopef. The Project is a mixed use, master -planned project Nat will include approximately W single family dwelling units (with possible future conversion of a Football to multifamily Or senior citizen residential as provided hereinafter) and four parcels for comnwmial buildings toaimi; approximately 50 000 square feu plus privincy maintained common open space, landuaping areas and streets. Attached hereto as Exh.bit B and incorporated Miew by this reference is a diagram showing the Project governed by this Agreement. The 0geet incho ea ell the Development Approvals (hereine0er defined). C Developer's Interest in Land. lire Developer is a California licia d pannership. The real property which is the subject of this Agreement ("Subject Property') is located in put in the City Of Fremo and in pan in Fresno County, which pert is b be intend to Ne City, and is all either owned In fee or controlled by option agreement by the Developer. The Subject Property is described in Exhibit A fir uched harem and incorporated by reference). Dmbloper seeks to develop the Project on the Subject property consistent with rhe Development Approvals and this Aglu mens D. Development ApprovA The following dmelopmem approvals ("ffivelopmen[ Approvals") affecting the. Subject Property have been previously eondigorully approved or are being approved by the City concurrently with this Agreement 1. The Final Mitigated Negative Declaration ("MND"), Including pmjMt-,,eche mitigation measures approved to City On lxmary 5,2W8 and filed on March 13, 2008. 2. General Plan no mmeem pursuant In Plan Amendmenl Application No. A-07-08 approved by the City Council concurrently with this Agreement. (Resolution No. 2008- 3. Z rbng Ordinance amendment pursuant to Rexooe Application No. R4)7-29 adopted by the Chy Council concurrently wit Nu Agrrxmenl. (ONirmnce No. "8- 4. This Development Agreement approvM by the City COuncu (ONinane t No. 2008-_, adopted ons 2008). 5. Conditional Use Permit ("CUP") imitator to CUP Application NoC-07-308 approved by the Planning Commission On November 5, 2008 subject to the Condition.% Of Approval dated November 5, 2008 (am emed as Exhibit K to tit Agreement); fi. Vesting Tentative Train Map No. 5991(LGM) approved by the Planning Commission on November 5, Will. subject to to Continuous of Approval dated November 5. 2008 (attached as Exhibit L); 7. Tentative Carbatmon of Agricultural Lmd Conservation Contracts (ALCC) Not. AP -1250 and "MI approved by the City and poison Country. E. Certainty Desired. Developer desire% to carry out to Project and the development of rhe Subject Property as a mixed use development consistent wit the Gemmel Plan, the Developmem Approvals, and tis Agreement. The complexity. magnitude and long term build -out of to Subjem property would he difficult for Developer to undertake If the City had not determined, through this Development Agreement, In inject a sufficient degme Of aensinty in the land use regulatory process to justify the substantial financial investment as debrued with development of to Subject Property. in Order to obmie Ne housing, tax and other hermfius to development of the Subject property will provide and toy re tet the iotpacm of to project will be a&,ioately addressed, City desires mrtabby m to the scope of development. including to design standards, and in parinalar thatneeded infRamc[ure. facilities and services related 10 the project will be provided in a timely fashion. Developm desires certainly regarding to type and amount Of development fea and exactions that it will be charged by the City and to define the design review and permitting process. Bath Parties desire to determine which Party %at he responsible for particular infrastructure improvements, including financing of the public facilities am impmvernen4, and the timeline for itimmucting these improvements. As a result of the execution of this Agreement. bath Parties can he assured that the development of the Subject Property can proal whhsmt disruption caused by a change in City plashing and development policies and requirements„ F. Subsequent Development Approvals. In addition in the Development Approvals, the development of the Subject Property will require venal additional futum. land rise and concocted approvals from the City an implement the Covelopment Approvals, specifically phased final matt maps, improvement plans and subdivision agreements, possible site plans and use permits for certain commercial uses requiring the same under the Applicable Rulw and building permits, all consistent with the Development Approvals and this Agreement ("Subsequent Development Approvals"). Subseepont Development Approvals may also include additional sppmvals may include approval for conversion of the 217 lot phase comprising appreximamly 23 Acres designated on Exhibit L which is within the arae designated on the General Plan for medium high density residential development and eased R-2, in pan of in whole, from the presently approved single family residential use to multifamily or sinner cltun residential u6q in whole or in pert up to a maximum development for 417 multifamily dwelling amiss or 651 senior housing units, or any combination allowed by the Applicable Rules, which may also be mapped as condominiums and offered for sale or rant In the case that the Developer seeks such an approval for such conversion, City agrees to Process Subsequent Development Approvals consistent with the curmm General Plan. West .Area Community Plan and Fresno Municipal Cade, as amended by the Dtvelopmcnt Approvals, whether or not any changes occur in the future to the General Plan, West Area Community Plan and the Fresno Municipal Code. G. Comment with General Plan. The City hereby rinds and determined Nat execution of time Agreement is in the best intention of the public health, safety and general welfare and is consistent with the General Plan and the West Community Arca Plena. ff. Voluntary Agreement This Agreement is velmadally emered into by the Developer in order to implement can planned Plan and in consideration of Ne rights national and the procedures specified herein for the development of the Subject Property. This Agreement Is voluntarily entered into by the City in the exereie s of its legislative discretion in order to implement the General plan and the West Arm Community Plan and in consideration of the agreements and undertakings of the Developer hereunder. I. Preje t Provide SubsNntaal Benefus. This Agfmment furthers she public hued, safely and general welfare, and the provisions of dais Agreement are consistent with the GeoeN Plan. For the reasons retired hereim the City and Developer have determined that the Project is a development for which this Agreement is appropriate. This Agreement will eliminate tmunvuty regarding Development Approvals and Subsequent Devdapmem Approvals; thereby nationagivg planning for. investment in and commitment to use and develop the Sub*' Frelill Continued use and development Of be Subjen Property Is anticipated m, in rum, provide the following mbsmnrial benefits and contribute to the proviSion of needed Infrastructure for arra growth, thereby achieving the goals and purposes for which the Development Agreement Law was entered: a. Provide for the housing needs of a variety of households of various and income.s, and for neighborhood commercial aerobics he serve such households and others in the vicinity; to Provide for a mixed use, pWeattian-friendly environment which reduces me rued for travel; C, Pmvide for a new community development especially suitable for the area immdiaely ollacetn to the new Central Unified School District campus; d. Provide for the rmreatiotml and open space needs of this new mixed tree community and for new inBasoucwre serving the West Community Plan are. Cr Meet be goals of the General Plan and of the West Commuinty Plan. C Implement new standards for ufbm development through be facilitation and adoption of Altemxtive Public Improvement Standarda, Imicmg narrower travel lanes and wider sidewalks with Park grips, in meet to complement design comon pents such as reduced yard setbacks, smaller lots, and aenhetically pleasing two- xucI, dwelling units th d provide sp rt al definition and are oriented to a new kind of community development that fosters pedestrian connectivity and potential for a mix of uses add residential densities J. CeQA. The City Council, in its independent judgment, at a public hearing on December I5, 2008, found Nat no subsequent or supplemental emfronmental impact report or environmental document in addition to the previously filed MND be identified to Paragraph D) is necessary for the apptoSal of this Agreement. The City Council found that there have been no changes proposed to be development of the Subject Property by The adoption of this Agreement which relate to new significant environmental impacts not previously considered. No subsequent changes are anticipmM to occur win respect in cimums ="r,= under which be project will he undertaken, and no information has become, or is anticipated to become available which will rctme to Significant effects not previously discussed, nor will my significant effect previously annlyzed in the MND become more uvea, nor will mitigation measures or ahornatives not found to be feasible or not previously considered have any significant effect. IL This Agreement was reviewed at a duly noticed public hearing before be Planning Commission Of the City On December 10 2008, and recoromeodW for approval. L. The City Council, afro' a duly noticed public hearing, found "hal be provisloga of "his Agreement are wriginent with Ne CI"y's Omremt Plan. the West Ase Community Plan. and Other applicable plans and policies of the City, all as emerged by the Development Approvals. A copy of the staff report m Council is atraehed at ExNbit 1. M. On the Effective Dam, the City Commit adopted Ordinance No._appmving this Agreement and approved by ordinance or resolution, as approiamIx, be Development .Approval set Earl in Paragraph D to he approved by be City Council. A copy of be CoNnanw is attached Marcus as Exhibit I and incorporated herein by this reference. NOW. THEREFORE, in consideration of No mutual covenants and conditions hereinaber set font, and for other good and valuable consideratioa, be receipt and sufficiency of winch are hereby acknowledged, City and Developer boeh herein sometimes Called a "Party" and jointly the "Parties) hereby agree as follows' AGREEMENT ARTICLEI GENERAL PROVISIONS IN. Property Description and Binding Covenants. The Subject Property is drat property described in Exhibits A and B. The Developer represm6 drat it has a legal or equirable interest in the Sibout out Property and that all Other persons holding legal or equitable interests in the Subject Pmperty (excepting owners or Claimants in eesemen"s) are bound by this Agreement. It is intended and demmdned that the provisions of this Agreement shall cnaadmm covenants which shall can with the Subject Property. and the burdens and bends hereof shall bind and inure to all successors in Interest w the Parties. Toe Developer hereby wansms Nat any and as printing having record title interior at the time of execution of this Agreement in be Subject Property which may ripen into a fee have subordinated to Ibis Agreement and that all such instruments of subnrdbromn, R any, are anuhed hereto and made a part of this Agreemem. 101. Vested Rights. Developer shall have a sound night to develop the Subject Property for be period this Agreement is in effect in accordance with be Development Approvals, Subsequent Development Approvals, be provisions of this Agreement ail Applicable Rules, (as defined in Seedoo 102). The Parties have negotiated and agreed upon tine Impact fees, ded'vatioru. and exactions, including, without limitation, reservations, bondingor insurance requhements or taxes, that will be rebuffed in conrection with dm development of the Subject Prcryerty. The impart fees, dedications. and exactions applicable to the Subject Property are set Loth in Sections 202,2 and 203 and be Development Approvals. The Parses intend that these shall be be only impact fees, dedications, and exactions applicable 10 the development of me Subject Property. The amounts of the impact or emidenurstfe ill processing fees shall be only those provided to for in to masts fee schedde in effect on the Effective Dale adjusted only for inferno in the actual torts inwrred by City as hereinafter provided in Nis Section 101.. The IXvelaprnent will be subject to any increases in existing City of Fresno development impact fees, UGM, and permit and processing fees provided that any such increase in the fee dais not teed the lesser of increases in the actual costa incurred by City or, (a) in the case of the impact fees for sewer, water. stator drainage and road (major street and related such a signals) facilities for which Developer is endued to reimbursement based on its acwal costs of Off -Site Improvements, increases in the DPU Aden, which shall be derived from me bbannuol survey of watts and wastewater utility rates conducted by that American Water Works Association, using a ten-year rate increase average, and (b) in the case of all other impact fees, the increase in the ENR Construction Cost Index ("ENR"), provided that to all cases such for is applied uniformly Citywide or uniformly amus the applicable seryce area with respect m the same use or rause to which such fee is minami; and, that said fee is truly an updated misting fee mat Taanca the lame public Afmswcmre improvements. If an existing impact fee is expanded, then me developer shall only be replace to pay the portion of the fee that covem me same planned public infmswcture facilities as the existing fee. Developer shell be enti0ed to the beau of any decreases in fees maturing during the term of this Agreement The Developer shall pay see applicable processing fed in eRect at the time of Developers submittal of applications for subealuent Development Approvals, or the submittal of plans for Off -girt improvements, including but not limited to wrtswnion plans for sneers, sewer lines, and traffic signals. If me City chooses to change the method upon which an impact foe s chargem then me burden upon the Developer for that pmticular type of infrastructure shall be no greater than the applicable UGM or impact fee that is in effect at the time of the Effective Date. adjusted for the lesser of iWissines in actual cosu loaned or me ENR or the DPU Indra, as applicable, as applied to the swcwmd fee, as for example, in our wherein the City chooses tochange the method of collection by transitioning to a new fee program, such as occurred with UGM fees for Time, Parks and Major guests. which were as replaced by Citywide impact fees between 2005 and 2007. The City is contemplating a .similar transition for UGM water and se er fedcase he in which caNe Developer would only be subject to the adjusted amount of the current UGM oversize newer. UGM Walusulsxmn grid main and UGM water well service arca fees, subject to the emits established by the lesser of increases in treed costs. or the DPU harbor. 3. 1Tc Developer shall be exempt from any new development impatt feu that the City may adopt in the human for facilities, perform Or impacts not aeently covered by existing UGM fees of existing development impact feu. To The extent not otherwise provided in this Agreement, the conditions of approval and mitigation measures in the Development Approvals mustard to dedications and reservation of conscious. are Intended a meet the requirements of Government Code section 65865.2 related to a development agreement providing a provision for the reservation or dedication of land for a public purpose. 102. Rules, Regulatiorte and Olftdtl Polldes. 102.1 Applimble Rules, RegolaUi end OM69 Polldes. For the term of this Agreement, the rules, regulations, onmanecv and official policies governing the peamlmod uses of laid, density, design, improvement and conshirml standards and specifationa applicable to Ne development of the Subject property shall be the Applicable Rules as defined in this Section 102.1. The Applicable Rules care defined as those ml, mgulati im. and official policies an forth in (i) the Development Approvals; (h) this Agreement (including Exhibits); and (iii) with respect to matters not addressed by these documenu, those plans, codes, rules regulations, oPocim polities, standards and spedficedovs in force on the Effective Date, to the extent not inconsistent with the Development Approvals and this Agreement, ment, The Applicable Rules shall also include any .vuMequenr Development Appmvals greeted as of the date of their effect and any changes in the COru d Plan, West Mea Community Plan, prestw Municipal Code or any future rules, endurances, regulauons Or policies adopted by the City which are made appGeable by the Provisions Of Section 102.2. Except a otherwise provided in this Agreement m the extent any future changes in the Gerund Plan, West Arra Community Plan, Fresno Municipal Code or any future rules, ordinances, regulations or policies adopted by the City tarpon to be applicable to the development of the Subject Property but are inconsistent with the terms and conditions of this Agreement the terms of this Agreement shall prevail, unrolls me parties mutually agree to amend or modify Ws Agreement pursuant to Section 700. Ts the =am not otherwise provided in this Agreement the requirements Of the AWRoolhe Rulers shall fulfill the requirements of Government Code section 65865.2 related to Ne agreement specifving allowed uses, allowed density and intensity of uses and maximum height and size of proposed buildiegn. 102.2. Changes in State or Federal Use. Thu Section shall not preclude the apptiation to the development of the Subject Property of changes in City laws, regulations, plans or policies, the teens of which are specifically mandated and required to be applied to the subject prospects by changes in state or federal laws or regulations. In the event state or federal laws or regulations enacted after One dam of this Agreement, or action by any governmental jurisdiction Falser than the Cosy, prevent or pr¢lude compliance with one or more previsions of this Agreement or require changes in plans. maps or permits approved by the City, then the Parties shat I meet and confer in good faith to determine the feasibility of modifying, extending or suspending one or mare provisions of this Agreement as may be necessary to comply with such state or federal laws of regulations or the regulations of such other governmental jmisdletien. In any such meeting, the Developer carries me burden, in in, first instance, to provider options to the City that demoncvate the feasibility of modifying, extending or suspending the Agreement in pmt Developer In mounted to provide all eugineering and motivate to support its position that meet industry and city standards. To the extent that any Actions of federal nr .stale agencies (or actions of mgicand and lord agencies, including the City, required by federal or state agencies) have the effect of preventing, delaying or modifying development of the Subject Progeny, the City shall not in any manner be liable for any such ptevemioq delay or modification of aid develFpmem. The Developer is requirsd, at its cost and without cast to or obligation on the part of the City, to Participate in such regional or local programs and to be subject to such development resvictiore as craw be necessary or appropriate by ancon of such actions of federal mseem agencies (or such actions of regional and local s, including me City, required by federal or state agencies). 103cmCity's Reservation of Authority. no Panics admowledge that the intent of the Ponies ix mat this Almo ent be construe] in a murder that protects me vested rights granted to Developer herein to the maximum extent allowed by law. The Parties fuNar acknowledge and agree, however, mal me City is restncmd in its authority to limit Its Police Power by contract and that the limitations, reservations' and exceptions contained n this Agreement are intended to rexi to the City all of its police Power and/or statutory or other legal powers or resPonsibilitles then cannot he so limited. his Agrccment shall h construed to reserve to the City all such power And authority which cannot he restricted by contract including compliance with the California Environmental Quality Au (CEQA). Nor shall this Agreement be mnawed to limit the authority or obligation of me City to hold necessary public hearings, to limit the discretion of the City or wry of its officers or officials with regard to rules, regulations, ordinances, laws. and entitlement of use which reactor the exercise of discretion by the City or Any of its officers m' officials_ 104. Term: Recordation. The term of this .Agreement shall commence upon the data upon which the mcbronce approving this Agreement b Tbefea&ercuoleass said tema notps law, tav d Amil extend for a period of twenty (20) res. modified or evened by circumstances set fodh in mus Agreement or by muted consent of the Parties, subject to the provisions of Section 700 hereof, upon expiration of said term, this Agreement shall be deemed terminated and of no further fence and effect and the Parties shall, upon request of the City, execute an appropriate Certificate of Formulation which shall he recorded in the official extends of the City, subject, however, to Fite provisions of Section 309 hereof. The Direcmr of Planning and Development shall cord the Agreement within 10 days after Ne data on which this ordinance becomes effective as a matter of law. Developer may record this Agreement thereafter. In the event that any litigation is cotmneoeed by any third party challiant ag the Development Approvals, the mtm of this Agreement shall ase extended for the period involved in achieving final resolution of such litigation. 105. Sale or Assignment Release. 'Nis Agreement, its fights, duties or obligations may be resigned, sold, exchanged or transferred, in whole or in pan, in cormation with a transfer by Developer of all Of a portion of Its interests in Me Subject Property, subject to the following conditions: 105.1 Exuptas set forth insubcmtion105.2. asale tmnsfa or assignncn[ ofell r a pension of Developer's interest in this Agreement shall not require the approval of the City provided that any proposed assignee or transferee shall agree to assume sm be bound by all applicable duties, obligations and covenants of die Developer arms this Agreement Yne assumption must be set foM m an assumption agreement in a form reasonably acceptable to had approved in writing by the City. Any assumption agreement shall include a Notice to the assignee that they may be subject to goes for development of the property consistent with this Agreement. IM2 The Developer said reimburse the City for its legal and administrative ,cots m review the asslgnmenl and Provide nods and inmrpremtions to the assignee. Upon each assignment and assumption Developer stall be released from Developer's obligations hereunder with respect to be portion of the Subject Property transferred. In the event of a partial transfer, Developer may ohoex to m.'e came or all rights, duties arta responsibilities as Developer wide resistant to the transferred pmPmry. Developer shell have the right to designate any successor is Developer l'Sucec sou Developer") if Developer no longer renins any motors in she. Subject Property se long as be Successor Developer assumes all Developer's responsibhides. Upon der sale, transfer or assignment of Developer's fights, interests, and Obligations under this Agreement as to the Property or portion thereof, and the sale, assignment or transfer of an or any portion of be Property therewith, Developer shalt he nleasidl from its obligations under this Agranrent with respect m the Properly, dr Nation meraf, so sold, assigned or transferred arising subsequent to me effective date of such sale, awignmem or transfer. Upon any sale, assignment or transfer of any portion of the Property. City agrees to look solely to the buyer, assignee or aansfcrcc, of designated Successor Developer (if different) for compliance by such mansfmce with the provision of this Agreement as such provisions rema m the potion of dee Properly, acquirxl by such transfix=. The preceding sentence shall not preclude me City from looking to be transferor for fulfillment of its obligations under this Agreement that both. (1) tela¢ to any portion of be Property that has been tiarafured: and (2) arose before the transfer of any portion of the Property, Nonetheless, failure to deliver a written assumption agreement does not (a) effect the hearing of any covemnts in this Agreement with the land, or (b) negate, modify or othnwise affect dee liability of any transferee under Nis Agrument. A default by any buyer, assigner, or transferee dead only aE(ar dot portion of Ne Property owned by such mans encs and shall not cancel or diminish in any way any rights hereunder with respect to any portion of the Property not owned by such buyer, assignee or mansfeles. f ch buyer, assignee of transferor shall he responsible for the repotting and annual review requirements misting to line portion of the Property owned by such buyer, assignee or vansferee, and any amendment to this Agreement between City and a buyer, assignee or trmsferee shall only effect the portion of the Property OwnM by such uansf see. In the event of each partial transfer of the Property, in the absence of a specific, designated Successor Developer, City and Developer shall <aopeWe to dummu a whether allocation of rights and responsibilities among owners of the Property would best he climbed or resolved by execution of amendments to oris Agreement of of w agreements in full or partial replacement of this Agreement. and each agrees to execute the same withom imposition of new dudes on either party so as to fulfill the interposes of this Agmmnent. Notwithamding the foregoing, the Cir, may object to the sale, transfer or assignment of all or a portion of Developers interest in this Almemem the dudes and obdgadons of Developer and release of Developer hunter, including eree; or ass'tmouon is Successor Developer, wile teapots m any Ropo`Pd puree gee it respect to whom City primate substantial evidence as to such proposed purchaser, transferee or assignee's previous failure m comply wish the previsions of federal or new law, the Fresno Municipal Code or agreements with the City relating to development projects within the City of Fresno (or the came by the principals or owners or officers of said purchaser, tm encom or assignee.) Circus City's Objections are resolved to the reasonable sadsfa bon of the City, the We. manger of assignment shall not Wee place. Except to tine extent that any property owners association has incurred obligations, the purchaser of my lot mal is both (a) not subject m fuller subdivision (other than a lot subject to a condominium nap). and (b) subject to thejurisdiction of thc California Depanmmt of Real Estee, shall one tide re such lot free and clear of any obligations arising under this Agreement, without tb< execution or recordation of my further document, when tidem the lot 0msfe3 to such purchaser. 1053 If the Developer transfers me Subject Property and assigns this Agreement in violation of me name of this Section, the City may terminate the Agreement at mss diselmon with fifteen (15) days written notice. ARTICLE2 DEVELOPMENT OF THE SUBJECT PROPERTY 200. Permitted Uses and Development Standards. In mcotdmce arm and subject to the series and conditions of fids Agreement, me Developer may develop the Subject Property for dm uses in accordance with the Applicable Rules as sa form in Section IMA ofthis Agreement. 201. Apptovak. 201.1 Proc sing Subsaluenl Devdopnremt Approvals. 201.1.1 Timely Submitmis By Developer. Developer acknowledges that City consul begin processing Subsequent Development Approvals toll Developer submits complete applications. Developer shall use Its beat effons in (i) prosaic to City a timely manner any and all documents, applications, plans, And other information n owrmy for City m carry out its obligations hereunder, end (I!)cause Developers planners, engineers, and all other consultants to provide N City in a timely mens All such documents, applications, plans and other required materials as set forth in the Applicable Rules. Developer sha0 use all re ssonablit efforts to submit or cause as be submitted document, applications, plans and other information necessary for City to carry out its obligations hereunder that me in a final Cotte, not subject to unreasonable changes by the Developer and that comply with this Agreement and all Applicable Rule. 201.11 Timely Promising BY City. Upon submission by Developer of Ali appropriate application mrd applicable processing fees for any Subsequent Development Approval, City shall promptly and diligently, subject to the reasonable availability of City resources and City's pmodural rcgoirranenb, connummos and complete all steps accessary to act on Developer's Su eacqucnt Development Approval applications. Upon Developer:a coquet end at the Cirya discretion, Ne City may provide, at Developer's expense, additional staff sector scoff consultants. working under the wle direction of Ore City, for containment, expedited planning and processing of such Subsequent Avdopment Apprmal applieadcn. The City reacryes ire rigbuo reject any Incomplete norvconforming submittals. 201.13 Effect of Legd Proceedings. Notwithstanding any pending Administrative or judicial pramdings, initiative or referendum concerning the Development Approvals or Subsequent Development Approvals, And provided that such anions by City or Developer are not proscribed by law or court alder, City shall process the Developers application for Subsequent Development Approvals N ided for herein to the fulleu extent allowed by law and or. Subsequent Development Approvals development ire pursuant to Ne Development Appmv salt pprov fullest extent allowed by law.. 201.2 Cernifi®les of Occupancy. Subject to any ryuireawmat in this Agreement for issuance of certificationof occupancy, the City shall use all reusoneble efforts to diligently and promptly provide A cnli0cam of occupancy for any portion of the Subject property when applied for by the Developer and upon completion of dl reveal requ'venuman to obtain a cefdficare of occupancy. 2013 Non-llevelopmenl Entitlement Plan Itavfew. Nothing provided in this Section 201 is intended to include the submission and review by the City of plans for affsite - improvement (as required under Exhibit Its including but not limited W. constructions plans for streets, sewn lines, and traffic signals. Review of off -sire impmvemena shall he pursuant 10 Ne. existing adopted City policies, ordinances and standards (including paymamm'Any required fees), 202. Improvements and Public Facilities. 202.1 Financing and Construction. Developer is responsible for financing and consbouing the following on -sir improvements (whether private or public) and public fi ciliva in conjunuum with the development of Ore Subject Property, au as set foM in the indication measures of the MND for the Project and On Development Approvals: 2021.1 On -Site Improvements. Developer .'hall construct all the On - Site Improvements dicaribed as provided in Exhibit E. All On -Sire 1mPlOvements will he the responsibility of the Developer without any dght to evimbutxment or credits xccpt as provided in this Agreement Or in the Development Approvals. Developer shall provide W City a list of On -Site improvements that constitute public works of improvement and shall pay prevailing wages for labor required to construct those improvements On that list, to the extent requited under the Labor Code, sculpts 1720, 1721 and any other applicable prevision' related m the payment of prevailing wagon. Certain On- Sim. Improvements, including all sewer aM water lines and storm drainage systems shall be offered W the City for dedication within public straces, public utility caaments or equivalent easements W be granted to she City, Developer shall M entitled to Credit against exactions or fees with impact to park and recreation facilities pursuant to the Development Approvals for the land defused to such facilities and costs incurred by DevelOPO in designing and constructing the park and remeemon facilities available for uses comparable to [how flnanced (mm the City's Ni and exactions. The amount of said credit shall be determined as set forth in me prism Municipal Code and the Gay's implementing policies in effect as of the Effective Data City shall be entitled to arum that continual operstion and maintcnanrc by property owners assommons is assured in the mvenank, conditions and restriction' on the Subject Property or porton thertOf Hated W such facilities. 202.1.2 Off -Sim ImProvemnta Developer will construct all Off -Sire Impmvemems as provided in Exhibit F pmsnsnt W Om description and timing provided N Nal eir mbil. Developer acknowledges Nal Neat- Off -Site Improvements comtimW public works Of improvement and art, thamfom, subject t0 the requirements of California ]aMr Cade, sections 1720, 1721 and any other applicable Previsions indeeddrainage payment of prevailing wage. Notwithstanding. all off-site water, sewer platoons, and undm'gmund oillibrs required by Ne Development Approvals in the roadways shown in Fxhibit F shall be installed prior to any phased road impmvemals drawn unless Otherwise approved by Develops and City purauanl W the procedures as tit forth in Section 2024- Devespershall preside payment and performance security for each phase. The type and amount of she payment and performance security shall be ua set forth in Fresno Municipal Code, mcdon 12-1016, entitled Improvement S0.-ud1Y. In addition, Developer.shall inmall a traffic signal a AshlanMayw prior to issuance IIOfNis first cettlfcom of Occupancy for (a) Ne commercial portion phase, (b) Y phase in the southwest portion, or (c) Phase Fow, whichever occurs first - 12 1. nw 202.13 Financing of O16She Improvements. Devehilcr is responsible for Financing the wmsuurdon of me Off -Site Improvements descrlbrd in Exhibit F Z Di w 11 receive rcimbmvemen s and cracks from the City from appropriate fee programs for off-site improvmenn to rhe "MR, that they are exp casly p:nvided for in the Applicable Rules or in this Agreement. 2022 Community Facilities District. Developer may request and City shall e its goad faith efforts to farm a eommmnity facilities dlstrichs) ('CFD') or to include the Subject, property in an existing CFD. for the purpose of handling all or a portion of the On -Site or Off -Sim Improvements to he dedicated in On City, including without limitation, design, acquisition and construction costs, and public facility lonatenanec costs or public services. Upon request from Ne Developer, City shall diligently and expeditiously initiate CFD proceedings utilizing the special tax meclurou s ambodand under the law of the. State of Califomia or the Fresno Municipal Code where the property subject to speriel axes provides primary smutty for payment of the special oxen, provided, however, any such CFD shall be in conformance with Chy policies regarding land-based financing. City's obligations under this section are confingeut upon the Developer providing adequme security to cover the costs of formation of the district and issuance of the bonds nform and upon me Developer providing the iation or document wittinthe Developer's control which ere necessary to form me distinct and issue the bonds (e.g., the list of infrastructure intended to be funded by the District and me area to be included in the District.) Developer may recover event of formation and issuance from Send posecas s to the extent illu tint by law. Nothing provided herein is intended to create a legal duty of the City to form a CFD. 2023 Public Works Development Standards; Spxifi®tiooa. In completing the construction of the OnSiteand OffSiteImprovements desedbd in ExNblb E yvd F, developer shall comply with (e) the conditions and terms Of me Development Approvals and Subseguent Develepmem Approvals, (b) all approved croMmUmon plans, (c) all applicable laws, ordinance, and teaoludoes in effect at the time of wvswcton, and Cd) tie connotation andmds applicable to do, Projeen conmined In the City's Standard Specifications in effect at me time of construction applicable to me Project. If the City delta rot have shmdard specifications for any partislar conmructor or be performed but appropriate standards Roe available firm the Sate of Califomia, Division of Highways (Caltrans). mm, Developer will complete conauuction in accordance with such standards and specifications. City acknowledges that the pmjcet will Involve the conswmiom of private Soviets on site to be maintained by one or more owners su associations and that ch streets will M concocted to diRemm standards those applicable to City owned streets. Such. private strias and scumming improvements will be designed by ITe Developer and shill he submiLLd to the City Engineer for review and approval prior to concoction Developer will eemplcte all concoction to to satisfaction of, and use materials aonsfortm, to, the City Engineer Me City Engineer may inspwt all coommction and materials. 202.0 Completion and Aeseptmrce of Public Pecllities. The City's final written semina a of any On -Site and Off -Site Improvements in be offered for dedication m the City and to be maintained by City thereafter will constitute a fading dour the impecommums comply wain the plans and specifications requited Shove. Individual On Site Improvements and Off -Site Improvements maybe separately bonded by Developer. The City may not unreasonably cortdim n, delay w withhold acceptance of off Site Impmvemenrs based upon the completion of OnSimImprovements. The determination of when certain On -Site and Off -Sire Improvements need to be completed and Ne amount of improvement Warily for said improvements shall he made between the City and Developm during the processing of phased Paid maps and confirmed in writing in separate subdivision agreements, the terms of which shall not he inconsistent with the terms of this Agrcenwnt Once the City and Developer determine which On -Site and Off -Sim Impmvemenrs need to he completed with a particular phase, Developer shall provide separate engift u m drawings for be Improvements to be completed during the particular phase and may obtain separate improvement security for be On -Site and Off- site Impmvemenrs for cash phase. To be extent rbat phasing of aschun On -Site and Off - Sim Improvmnems have albady been agreed to by the City and Developer, as included in the Development Approvals, but phasing scheme shall govern. Ort -Site Improvements Slid Off -Site Improvements m be dedicated se public facilities shall be awned by the City upon their completion and aeceplmmu. 202.5 Warranty of Public Fadfidea Poor to City's acceptance of particular On- Sim.ImPrsevemene or Off -Site Improvements. Developer shall provide a adorably for any defecu' (whether latero or patent) in work or material or design in the Off -Site Improvements Nm occur or appear within we year after the date of can ms acceptance to take effect as no each of those at the time of their acceptance. The warranty out provide Nat the City may give written cones to repair or combat any defect within (f) seven calendar days of notice, occurring or a lesormg within one year, and Developer endlor its warrantor will repuu or and= Ne defect without additional cos to the City. After a failure of the On -Site improvement or Off -Site Improvemenu requiring an emergency repair by City crews, the Developer or its warrator shall mlmbune all reasonable costs for labor and mauxials within forty Five (45) days rf invoice. Failure to repair m mortem any defect may result in m offset to, or suspension of, reimbursements. if any, or may be considered a default of this Agreement, unfit the bandit or extraction is completed to the returnable satisfaction of lore City. Developer shall include the City as a named beneficiary m any sobcrnuael for or warranty of fie public facilities. FunhermOb,PnOr to. City acreptanm of OmSc, or Off -Sae improvements, Developer shall provide Warranty Security of the type and in the amounts set forth in Ftc e, Municipal Code, section 12-1016. Tlds some, ion wdl survive ammunition of this Agreement. 202.6 Smart brigadon Systems. Poor m first certificate Of occupancy for a dwelling unit, the City will provide a watering Schedule for the use Of Susan irrigation systems.. 202.7 FortwOCo of Property Owners Association for Maintenance of On- Site mSite Improvements not Dedi ated to City. Developer shall muse to be formed one or more property Owner nswciations to be responsible for the maintenance of all On -Sim lmpow m ma of the Project winch are not to be dedicated to the City which, at the praswt time. am envisioned to include m least the following: (1) ill steers, olleys, paths and trails within the Subject Property, (2) all landscaped medians and ocher auras within 14 .w cw the Project boundaries, (3) ad parks and recreation areas within the Project boundaries, (4) all common show lighting within the Pmpol boundaries, and (5) all signage within the Project boundaries..All of the foregoing are aolicipamd he he common areas marshaled to thamlevam property owners azsnciatibn. At thio time i[ is anticipared that there will only an one pmpeny owners association in which assessments are marooned among residential And nonresidential users; however, it is possible that a separate commemial property owners association could be formed to address specific issues and usual doimies within ate nonresidential portionee the Project. Sewers, weer lines and EaAm mains and Oil Off Site Improvements are io be ce And within Public Wilily or otherwise accessible v the City for mains And land m be dedicadue m and e esmaintained Association the City. The Covenants. Conditions and Bomb n Fr for the Home Coders Asonc12-1n shall include all of the provisions set forth in Prssno Municipal Code, section 1methin and shall grant the City the right to enforce done provisions by any legal or equitable means entitle the City W a Ownetn Association "n or against any individual property rwiter cad entitle the a or to anomdea fees. legal experuco and Costs should it prevail in my litigaion to enforce or inmryru dealer provisions. 203. ])ediwdons and Other Exaetioos, pevelopersha116e responsible forrwy thou dedications and other esactions provided in the Development Approvals. Mai. Impact Fees; Reimbursements and Credits. Developer shall be responsible for paying only those fees provided in to Development Approvals As Provided in Section 101. The Developer shall be eligible for reimbursements And credits for the Off - Sita Improvements arluired under Secdon202.13 AS provided in Sectionl0l. Notwithstanding the above, Developer shall be his possible for paying any fees the City collects for Or agencies pursuant to (i) Stale or Podered law or (it) any City agreements Of City ordluanwa adopted or entered into an comply with State or Chase law or judgment of a court of law. 205. CoMi6om to and Formula for Reimbvrsemmt far Off -SIR Improvements. Reimbursement andfor credits that the Developer is axial allowed, for haprovemean listed in Esidlik F, shall be given from app,mme fee pmgtans as provided in the Fresno Municipal Code Orator adopted City Policies for those fee programs as they exist at the time the reimbursement mayor credit is sought, but W mw looser degree than provided as of the Fell Date.. Milt Boob and Aerocele. Developer sM1all n[ablish and maintain rlvouglaavt ate term of this Agreement, and for a four (4) year period following she data of ate last imbursement, records and accounts on the Subjecl Property and its development, in accordance with normal business incomes, any reasonable request of toe City, and applicable laws, mles and regulations At the rimes and in the fonds As the City may removably requrar, Develop; shall furnish City With statements, rooms, reports. dam And information related 10 the costs to he rcimbues d. The City, at ib cost, has the right during reasonable business bnun to inspect and copy Doildiper's records, books, and documents related to the reimbursable talars. Not marc frequently than annually, the City at its cost has the right, but net the obligarioq to audit the D lvelope(s books and records. g%. Project Tuning. Tne Parties acknowledge drat Developer wmot at Nis time predict when, or the Order in which, individual buildings on the Subject Pmpeny will be. developed. Such decisions wlth respect to phasing of develapment of this Subjech Property will depend upon a number of circumstances not within Ne control of Developer, including, without hmim0on, market conditions and demand for Ne use ar uses of the Subject Property, the condition of capita markets and avallabllly of Appropriate financing for do development d the Stibjeet Property (such as construction or interim and pemmnent loans, and/or equity capful) and other similar factors. Incomes to retain the flexibility mccemy to respond to such market conditions, Developer shall have Ne right in develop the Subject Property in phases. In such order, and at such times as Developer deems appropriate within the exc ease of its subjecuve business analysis of Nose factors determining, in Dev'zlopeta judgment, the appropriate course of development of Nz Subject Properly. However, in connection with each phee, Developer shall be required to comply with the. Development Approvals. In fight of the California Supreme Court's decision in Purdue Construction Co. V. City of Camarillo, 37 Cal.3d 05 (1984), Nal the failure of the parties Ihuein to provide for the timing of development allowed a later -adopted initiative restricting the timing of development to prevail over the parties agreement, it is the parties Invent to cure any such deficiency in Us Agreement by acknowledging aid expressly providing Nat Developer may develop the Subject Property and portions of both in Ne order and at the Limes Developer, in its sole discretion, downs appropriate based on Developers analysis of Nesse favors detetrnlydng, in Developers subjective business judgment, the appropriate pace And tuning of the development of due Projeer The Alumina or modification of any laws or regulations by City, including limit on building permits or connections to water or Anwar or other infrastructure, whether by initiative or otherwise, limiting or prescribing the pace or timing of development or cgnmucuon which City is in rordlou with this Agreement and the adop(d or modified law or regulation is not applicable no development or the Project, unless Developer In it sole discretion abets m have the Adopted or modified law or regulation apply in Ne development of the Project: or, unless Me City makes findings Nmthere is an immediate and solenoidal threat A publichealth and.safety and supports these findings with substantial evidence in the record. M. Amendments to Development Approvals. Given the long-term buildout of the project Ne Parties acknowledge that development of the Subject Property may require amendments to Development Approvals or Subsequent Development Approvals. Amendments to the Development Approvals or Subsequent Development Approvals shall be proccssrd as follows. 20&1 Administrative Amendment. Upon Ne written request of Developer for an amendment or moditlration to a Development Approval or Subsequent Development Approval, the Planning Director or hWher designee shall demrminw (i) whether the taquested amendment or modification is minor, end III) whether the tquestd anrendment of mddlestinn is consistent with the Applicable Rules. If the Planning Director or induct decigme, floats. dart the proposed amendment or modification is minor, vvisem with the Applicable Rules, and :s not subject to further coviromnental review undo CEQA (See CEQA Guidelines §§ 15162, 15163), Ne amendment shall be determined to be on "Administrative .Amendment' and the Planning Director or his/her designee may approve, or may approve with appropriatme. conditions, the Administrative Amendment consistent with the City s pro cedures for minor revisions water amendments W special permits, including any requirements for notice, public branch, and appeal rights. The determination of whether a requested amendment or modification is an Administrative Amendment shall be within Ne Monodic discror n of the Planning Nmwithuanding Ne foregoing Prevision, if amendment an has the pomi dal to affect a facility under the responsibility of another City department, the Director shall refer the amendment to the Director of she affected Department panni his or her designee) who must also concur that the amendment is a amendmentminor under the terms provided in this Section. For example, if an amendment has the ability to affect traffic, are Director of Public Works (and/or his or her designee) trust deal that the amendment is adminisra ive,.if an amendmenthas the ability in efface sewer loads, the Director of Public Utilities Department (and/or his or her designee) must mmcur that the amendment is aGtildm ire. Examples of amendments or modifications which may, depending on Pnrieola ecommen¢s, he traded m Adminlahalive Amendments, include, but are not limited to, the fallowing: (1) lot lino Illusional that do not result in a significant change in the lot Nim and Not comply with the f»uirements of the Subdivision Map Au; (2) Wteratimrs in vehicle circulation Panama Or vehicle access points which do not advacedy affect capacity or service levels: (3) tabanids in wail aligWoulm: (4) substitutions of compreade landscaping for any landsmping shown on any final development plan or landxape plan; (5)vanations in the location of arumad" that do not substantially alter the design concepts of Ne project; and (6) minor attermetra to design or configuration of buildings, inrrashtams or other facilities that we consistent with the Development Standards set froth in the Development Approvals: and (7) mirror w1jushnents to the Subject Prvpeay legal description. Administrative Amendments we subject to a processing fee as pmvided!n Section 101, 2082 Material Amendments Any equal of Developer for an amendment or modification to a Development Approval or Subsequent Development Approval that is determined by Ne Planning Director or hisdmr pogo¢ (or a director of another City department under the tams in Section 208.q to be a material amendment f"Ma¢rial Amendmrnt" ), as opposed b an Administrative Ancestral shall be subject to review, consideration and ration pursuant in the laws in eEeo at the time the Materiel Amendment is considered for approval. Notwithstanding any provision in the Agreement to the conhary, the City may impose I itlgvion measures necessary to comply with CEQA for Matsui Amendments. Material Amendments we subject to pro¢ssm; fees as provided in Section 101. Notwithstanding the foregoing portions of this Section 118.$ any Substtluevr Approval sought by Developer pursued to Recital F. whether deemed a Material Amendment or not, shall be pronewed as provided in Recital F. 2089 Future Amendments. Any future amendment or modification to a Development AlNresal or Sabompent Ikvelopmwt Approval shall be incorporated t this Agreement withom one need to amend this Agreement 209. Enfurnbraneesvm Lender's Rights 209.1 Permitted Encumnbr urn a. fOis Agreement shall be superior and senior to any Gen placed upon the Subject Property. Neither entering into this Agreement nor a breach of this Agreement shall defed, tender invalid, diminish, of impair the lien of any mortgage or dead of trust an the Subject Property made in good faith and bel value The Parties agree tat this Agreement shall not prevent or limit any owner of an interest in the Subject proptrty firm encumbering the Subject Propatty of tiny portion mereof with any renin ge, deed of east or other seeudry device they such device, a "Mortgage") securing financing wit mspect W the Subject Pmpeny. City acknowledges that the holder of any such mortgage, deed of [rout or otter securhy device ("Lender'] may require certain Agremmn[ machinations and madiffcahom add agrees. from time W time, to meet with Developer and of such Lendegs) Or negotiate in good faith my such request for ihimila da[Ion or modification. City will not unreasonably witM1old its consent to any such requested interpretation or modlfcauon provided such 'memaremton m' modification is consistent whin the intent and purpose, of this Agreement and does go[ (Dint in the City subordinating this agreement W any lien or deed of trust. As used herein the teen 'lander' does nm include my affiliate of o enrity controlled by Developer or its Owners, officers, moullors, principals or members( 209.2 Lender's Rights. If lander timely requcsas, in coming, contain of notice of. any event of default given under this Agreement W Developer or my other holder of an interest in part or sit of the Subject PirpMY. then City shall provide a way of such note m lender willm tan (10) days of sending the notice of default to Developer or other holder of an interest in pan or all of me Subject Property. '@e Under shoal have the right, but not the obligation W cure the default toeing the remaining cure period allowed W the defaulting parry under to terms of this Agreement, Notwithstanding anything to Eric announce herein. each lander has a period of ninety (90) days aha me feccipt of mat notice from city to cure no remedy, or to wmmenee to cure or remedy, to event of default claimer) or the areas of nonwmplianceset form In City's miles. If the event of default or the noncompliance is of a nature that earn only he remedied or wood by the Under Olen obtaining possession, to Lender shall diigirtlY stak to obtain possession though a receiver or otherwise, and shall tefecafer remedy or corn the evert of default or noncompliance within 90 days after obtaining possession. If any event of default or noncompllence cannot, with diligence, be remedied or cured within Nose now, (90)day actions, ten the lander has additional time as may be reasonably necessary, as reasonably determined by the City, to remedy. or cure me event of default or noncompliance if me (ender commences to cure during town ninety (90) day famines, and thereafter diligently puraws; completion of that cafe. Nothing in this Agreement permits or anthorires any Under to undertake or continue construction or completion of any improvements comprising the Project beyond the extent necessary to conserve or Present improvements or construction aifeady made, without first having expressly assumed Developers obligations under this Agreement in the manner specified herein and curing all defaults. The lender shall receive a second default notice thirty (3d) days before die City institutes legal proceedings. 2093 Lender Non -Liability. Any [ender who corms into possession of the Subject Property, or any pan thereof, pursuant to foreclosure of a Mortgage or taking a deed in lieu of such foreclosure, shall time the Subject Property, or pan d¢rmf, snbjmt to the terms of this Agreemmrtgrovided, however (1) in no event shall such tender be liable for any defaults or monemry obligations of Developer arising prior to acquisition of tide to the Subject Property by such !under. (2) no Lender has any obligation under this Agreement to comwct or complete the construction of improve M'S' w to guarantee Nat reacuuetion or confidence; and (3) if Developer shall have defaulted under this Agreement before Lender It male to Ne Subject ProPerry Of any pan thanced Lender shall enjoy the same rights and privileges with reaper to such default as if (a) tender %senc Developer, and (b) title were still held by Developer. Nothing in this Agreement shall be rimmed or construed or pmmir or authorize Leader to devour the Subject Phil or any portion docent, to any uses, or to construct any improvements theni. oraethan Nose n.ses and improvemema provided for or authorized by this Agreemenf subject to ill of the terms and conditions of this Agreement. The foregoing provision shall not accrue to the benefit of a tender who proceed in the manner of a Subsequmn Developer in developing and approving the Subject Property. Limiting isaelf to those development activities set forth in lire next to bell sentence of Section 209.2 shall create a presumption that a lander has not command to become a Subsequent Developer. 209.4 EsWppel Cerdfrtsk. Within thlny(30)days following any wfhten request which either city or Developer may make form time to time, the other shall sign and deliver to Out requesting party a smtemmt sect ing that: (1) him Agaemem is unmodified and in full fora and effect or. if there have bean modifications hereto, that this Agreement is in full force and effort, as modified, and strong she daze and nature of such modifications; (2) tMre are not current created defaults trader this Agreement or specifying the dates and nature of any such defaults; and l3) my other reseonable information requested The failure to deliver much statement within such time shall be conclusive upon the party which fails to deliver such statement that Nis Agreement Is in full forte and effect without modification and thaz dom are no mounted defaults; in the paisasub m of the rcquean g party. The City's Planning Director, or other City office' having adequate knowledge to do so, shall be authorized to execute any such smtmnent. An emoppel certificate obtained under this section may be relied upon by transferees and Landers. ARTICLE3 DUADLIL REMEDIES TERMINATION 300. General Provisions. Subject to cxoricionn of time by mutual contand in writing, failure or unable delay by eitherparty to parfofm any term or provision of this Agreement Shaul constiture 4 default. in the event of default or breach of any ®mrs or mnditiars of this .Agreement, the Party alleging such default or branch shall give the other Perry not less than thirty (30) days comae for writing specifying the nature of Ie alleged default and Ilan manner in which said default may he sari4acmrJy toted. During any. such thirty (30) day period, the Party charged with being in default shall not be considered in default for Variances of uncommon or institution of legal proceedings. After notice and expiration of the flirty (30) day period, if such default has not Inch added or is not being diligently cured In the manner set farm in the notice, the other Party to this Agreement may it its option: 1. Terminate this Agreement, in which event neither Party shall have my further rights against or liability to the other with respect to this Agreement or me Subject Property; provided, however, if portions of the Subject property are held in scheme ownership at the time such event of default occurs and such event of default is related only No one portion, this Agreement may be terminated only as m such portion and no such termination shell impair me continuing applicability of Iia. Agreement to the remainder of me Subject Property; or 2. Institute legal or equitable action to care, wnect or remedy env default, including, but int limited W. an anion for specific performance of the terms of this Agreement; provided, however, that in no event shall either party bei liable m the Other for money dwnages for any default carbonach of this Agreement 301. Developer Default' Gnforcemene No bailding format shall be issued or building permit application accepted for the building shell of any structure on any portion of the Subject Property if the permit appficant awns or controlssuch portion of me Subject Property and if such applicant or any entity or person controlling such applicant has been found w be in default as to such gonion of the Subject Popery by the City Council of the City of Fresno under the mans and conditions of this Agreement, unless such default i5 cured or this Agreenum u terminated. A default as tc an owner of any porion of me Subject Property shall haven impact on any portion of the Subject Property not owned by such defaulting owner. Toe Developer shall Cause to be placed in are cavocram;, conditions and restrictions applicable to Ie Subject Property, or w any gound lease or conveyance thereof, an express provision for an owner of me Subject Popery, lessee or City, acting separately or jointly, to enforce the previsions of this Agreement and to recover vmmeys' fees and costs for such enfmremem. 302 Annual Review The City Manager shad, at leas every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by me Developer with the terms and conditions of this Agreement. Such periodic review shall be limited in scope to compliance with the terms and conditions of this Agreement pars ant to Cabradare Government Cade Section 65565.1. Notice of such annual review shall include the statement that any review may result in amendment or rermiw[ion of this 20 .11...111x. Agreeuwnt. The costs of notice end related costs incurred by one City for the annual review conducted by the City parsuant to this Section 302 shall be home by the Duvall The City Manager shall provide thirty r30) days prior written notice of such periodic review to the Developer Such notice shall tr: irem: the Developer to demonstrate good faith compliance with the terms and conditions of this Agreement and to provide such other information as may be reasonably expanded by the City Manager and deemed by him to be required in order to asreruin compliance with this Agreement. If, following such review, the City Manager is not satisfied that the Developer has demonstrated Sete faith compliance with all the terms and conditions of this Agreement. the City Manager may refer the matter, along with his recommendations, to the City Council. Failure of Me City to conduct an annual review stroll not constitute a welter by the City of its rights b otherwise enforce me provision of this Agreement, mor shall had Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. 303. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, either Parry hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, systemic financial dismiss, svikes, walkouts, riot, floods, earthquakes, files, cvualtia, acts Of Gad, governmenml entities' enrichment of conflicting state or federal laws o regulations, new orsupplementary environmental regulations, litigation o similar grounds for eacusedperformance. If written notice of such delay is given within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer aw may he mutually agreed upon. 304. Limitation or Legal Acts. In no event shall the City. or its officers, agents or employees, be liable in damages for any branch of violation of this Agreement, it being expressly understood and agreed that he Developer's sole legal remedy for a breach or violation of this Agreement by the City shall bra legal action in msndamus, specific performance or cher injunctive or declaratory relief to enfons the provisions of this Agreement. 305. Applicable Law add Attorneys' Fcea This .Ay«mean shall be construed and erSorced in a ozofdancer with the laws of the State of California. Developer acknowledges and agrees that the City has approved and entered into this Agreement in dre sole exercise of its legislative discretion and Nat Ne standard of review of rise validity or meaning of mid Agreement shall be that sauteed legislative acts of the City. Except as set forth herein, should my legal anion be brought by h Parry for breach of this Agreement or to enforce any provision herein. Ne prevailing Party of such anion shall be entitled ed renew abler aromeys' her, court costs and such other costs as may be fixed by the Court 306. Invalidity of Agreement. I. D this Agreement is determined by a court to be invalid or unenfomeable, this Agnomen shall mouratemily terminum as of to date of final entry ofpcipment. 2. If any provision of this Agreement is demmoned by a mart to hn invalid or unenforceable, or if any provision of this Agra est is rendered invalid or unenforceable according an the mmu of any law which becomes effective after the date of tris Agreement and either party in good faith determines that such Provision is material to its entering into this Agreement, either pany may, elan to tinam a this Agreement as to all obligations then remaining unperformed m aceordan a with Ne procedures set form in Sadon 300, subject, however. m the. provisions of Section 307 baeof. 30). Effort of Termination an Developer's Obligations. Temurution of ma; Agreement shall not affect the Developer's obligations to amply with the General Plan and me terms and conditions of any and all land use corm reemu approved with redact to the Subjan Property poor no such termination, nor shall it effect any Omer covenants of me Developer .specified in this Agreement to continue after the termination of this; Agreement ff portions of the Subject Pmpeny, are held in ecpemm ownership at the time of such termination, Nis Agreement may be tumitmmd only as to such Portion and no such nomination shall impale'the cramming applicability of tl Agreement to the remainder of the Subject Property. 30g. Certificate of Compliance. If after an Annual Review based upon City's own venigatlon and information provided by Developer. City finds Developer has complied in good frim with this Agreement. City shall issue to Developer a Certificate or Compliance certifying mat Developer has so complied mmugh the. period of the applicable Annual Review. The Certificate of Compliance must he in recordable farm and musrcomain such informadon'as may be res exsary to impart conelmnive noma of City's finding. Upon issuance of the Certificate of Compliance. City is estopped boom pursuing any remedy, under this Agreement for any default which City knew or shouldhave known existed prior m or on me date of the Cortificam of Compliance. Developer may record the Conifica a of Compliance in the Oficial Records of the County of Fresno. W. Certificate of 5atiQeelion. After completion of the Project, City, upon request of Developer, shell extreme in recordable form and deliver to Developer a Certificate of Satisfaction, certifying that Developer has satisfied all of Developia r obligations under dtis Agreement to the date of the certification. Upon issuance of a Certificate of Satisfaction, City is estopped from pursuing any parody under this Alinement for any default which City knew or should have kmwn existed prior to or on the dare of the Ceniricale of Satisfaction. Developer may record me Cenificale of Satisfaction in the Official Records of the County of Iresno. 22 w.m=M 309.1 May on Alleged Concoction Defers City and Developer acknowledge that it is in the best interests of City, Developer, homeowners and homebuyer that all parties bas able N rely upon a high quality of concoction in a new amnmurdty in order to protect health and life safety and to preserve the reputation of the community and its normaebility and integrity, including dwelling units and common mas and spaces m be maintained by property owners uandatons. City and D velopecr also acknowledge Nat there has been an increase in construction defect litigation throughout California, including claimsbased on alleged failures to comply with the California Building Code and claims based on alleged failures to meet local standards of good workmanship and materials. Accordingly. City and Developer agree tsar if a the owner of a dwelling unit ("Owner") or a property owners association ('Association'%claims that a condition exists at the residence or the common areas or spaces that does act comply with the California Building Code as amended end adopted by the City of Fresnq the Owner or Association shall either repair the condition or provide a writes discherad statement describing the condition to all potential lender and buyers of the Owner's property or of say porosity within the Association or many member and lender in the Ass motion. Furthermore, upon notice of such a claim City shall eased a Notter of Claimed Con Moeda n Defeet(s) on the applicable Owner's or Association property m insure compliance with this policy and shall record a Notice of Repair of Claimed Construction Defed(s) a0u the Owner or Association has obtained all isquind permits to perform the repair work and has repaired the claimed construction dmict(s), and after the repair work has based inspec,d and approved by City. prior to recording the Notice of Claimed Construction IHSMgs), Gtyahall fru give written notice to Developer antl to Owner antl Association of its intention m record same and shall give Nem a reasonable opportunity to object, provided that City shell decide whether to retort such Notice based on Ne provisions of this former open. City shall have no liability to any party for damages resulting from City's actions hemmhder and Developer's rely remedy for City's failure or act hereunder shall be by a claim for specific performance- Developer spnot entitled to mcover anoreys fees or litigation expenses assomiamd in nuking ecific performance of this section. ARTICLE 4 INDEMNITY DNSDRANCE 400. indemniey/Iasuaance. 400.1 Indemnification. To the furthest extent allowed by law. Developer dati indemnify, hold hmndess and defend City and each of its officer, officials, modeyees, agents and velunteen against any legal challenges to the Development Approvals, including any challenges musing out of the City's alleged violation Of me California Envimamenml Quality Act 'rend from any and all loss, liability, Flees, penalties, forfeiture, cons and damages (whether in censer, ton or strict liability, including but trot limited to personal injury, death at any time and property damage) incurred by City, Developer or any other pence, Ind from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have anon directly or indirectly out of performance of flus Agreement or the performance of .......++...,...-m,.w1w,w- e,.,,,....,..h,e,....,...r,,..."...,.,W 23 „o�m� any or all weh to be done on On -Site Improvements or Off -Sim Impmvementr pursuant to this Agreemma (including, but not limited to design, conswctmin =NOr ongoing operation and maintenance unless and until to facility is dedicated in add officially accepted by the Cliff). Developmr'a obligations under to prmedinS provisions include any claims related to or arising out of The Developer's claim of a right to exclude public utilities from private stmes. Developers obligations under the preceding sentence shall apply regardless of whether Developer or any of its officers, officials, employees or agent.% arc passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitmen, costs or damages caused by and active or sale negligence, or to willful misconduct, of City or any of its Objects, officials, employees, agents or volunteers. If Developer should subcontmrt all or any pnlllOn of The services to be performed under This Agreement Developer shall require each Nad conuncTor to indemnify, hold handless and defend City and each of its officers, officials, employees, agents and volunteers in marmance with be Terms of The preceding paragraph. no Developer further agrees That the use for ary purpose and by eery person of my and all of to Simms mtl improvemems required under this Agreement. shall & at The sole and exclusive risk of me Developer at all Time prior to final acceptance by the City of the completed street and offer improvements. This section "I survive termination of expiration of Nis .Agreement. COo.2 Insurance. TTuoughout the life of tks Ageamen4 Developer shall pay for and malnrvn in full form and effect all policies of insurance described in this section whin an insurance company(its) either (i) admitted by to California fiuuranm Commissioner to do business in to Stale of California Said rated not less Than "A- VII" in Bads Insurance Rating Coide, or (ii) autdrimn by CITY'S Risk Manager. The following policies of insurance arc required: a. COMMERCIAL GENERAL LIABILITY insurance which shall bra at least as bound as the mdse conent version of insurmce Services Office (ISO) Commercial General Liability Coverage Farm CG W 01 ad shall include maintained for bodily injury, progeny damage and personal injury with coverage for prardses said operations (including The use of owned and no owned. equipment). products and completed opernticie, mntmcmal liability (including indemnity obligations mina this Agmanent),wiN limits of liability of not less Nen $2,000,WO per Occurrence for bodily, injury and properly damage, $1,000000 per occurrence for personal injury and S ,00o,000 aggregate for products and completed operations. b. COMMERCLAL AUTOMOBILE LIABILITY insurance which shall ba at least as broad as the most current version of bnmence Services Office (ISO) Business Auto Coverage Form CA 0001 and shall include coverage for SV caned, ILm1, and non -owned aummothdis or other licensed vehicles (Code I a Any Aum), wit combined single boom; of liability of not lass Than $5.000,000 per accident for bodily injury and properly damage. C. WORRER8' COMPENSATION imarence as required under the Catifarnia Labor Code. Developer shell file with the City pursuant N Section 3800 of the Labor Code. a Cenifimot of Wohcrs Compensation. d. EMPLOYERSLIABILITY with minimum limits Of liability Of not less Wer $1,00dOW each accidmt $1,000,000 disease policy limit and $1,000.000 d's rase each emplayee. Developer shall be responsible for payment of any deductibles conmine m my insurance policies required hereunder and Developer shall em be responsible for payment of any s,¢ -insured reactions. The above tascribm policies of insurmce shall be endorsed to provide an wintermued 30 calendar day wrinen notice N now of City of policy cancellation of ,rage, except for Ne Workers Compensation policy which shall provide a 10 wounder day written notion of such cancellation of coverage. In the event any Will are due do expire during aha term of Nis Agreemesd, Mossiopar shall provide a new cerYfrcate evidencing renewal of such pall,, not las Nan fifteen (15) ealendaf days prior to the expiration dote of Ne expiring polky(les). Upon issuance by the insurer, broker, or agent of a notice of cancellation in beverage. Developer &i ] Ile with city a new cefdfcate and all applicable endorsements for such policynes). The General Limil'uy and Automobile Liabilhy insurance policies shall be written on an Cie form and shall name City, its officers, Officials, agents, employees and volunteers as m additional insure. Such pency(ics) of insurance shell be endorsed w MwIOW& Insurmus shall he primary and no conuibutmin shall be required of City Any Workers' Compensation ireumnre policy shall contain a waiver Of subrogation as to City, its Officers, officials, ager, employees and volunteers. Developer shall have furnished City with Ne xertifrcata(s) and applicable eadoaements for AIL required insurance prior To City's execution of Ne Annexation. Developer shall famish city with copies of the Mama! policies upon The request of City s Risk Manager at my time during Ne life of the Agreement of my extmsion, and This requitement shall survive termi,afion or expiration of this Agrcemem. If at any time during the life of the Agreement or any extension, Ihrveloper fails to maintain The required insurance in full force and effrsa, the Director of public Works, or ldarber designer, may other Naz The Developer, or its con WMm or subconuacmrs, mmedimely discontinue my further work under this Agreement and Take all necrosx y actions to secure Ne work site to insure that public health and safety is protected All payments due or That become due TO Developer shall be withhold until entice is acme by City That the required imurmce hex been command to full force and effect and that Ne premiums therefom have been paid for a period satisfactory to City. Any failure to aintain the required Insurance shall be sufficient came, far City to mrminam Nis Agreement The had Nat introduce is obtained by Developer shall not he deemed to release of diminish the liability of Developer, including, without gmitadon, liability under the indemnity purvismis of tis Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a imitation upon the amount of Mutronifrztion to be provided by Developer. Approval or purchisc of any insurance contracts or policies shall in no way relieve from liability nor limit to liability of Developer, its principals, olTcats, agents, employees, persons under to :.supervision of Developer, vendors, .suppliers, nvitees, consulates, subconsulunu, sub cartmomrs, or anyone employed directly o indirectly by any of them. Upon request of City Developer. shall immediately furbish City wiN a complete copy of any inwrance policy turyimd under this Agfeemen , including all endorsements, with said copy testified by to underwriter to be awe and mnect copy of the original policy. This requitcmem xhWl survive expiration or termination of ti,, Agreement. If Developer should snEcontract dl or any portion of to service' to be perfatmed under Nis Agreement, Developer shill require each subcommctar to provide insuronco protection in favor of City, its officers, offclals, emplovees, volunteers and agents in accordance with the mums of each of the prxeding paragraph', cacept that the subconuacmrs certificates and endorsements shall he on file wit Developer and City prior to rhe commencement Of any work by the subcontractor. 401. No6reto Developer. The City Stull promptly give at to DevelOper in accordance wit Section 600 of this Agreement of any ease, action or proceedingbrought against to City concerning this Agreement or the Subject Property. ARTICLE5 PROJECT AS A PRIVATE UNDERTAKING 500. ProjeduaPrlvate Endertaking. It is specifically understood and agreed by and betwmn rhe Parties hereto that the development of Ne Subject Pmpeny, is a mpamtnly undertaken private development and Nat the contracting reladomhip created hereunder between the City and Developer is such Nat Developer is an independent contracting, and a not an agent of to City. None of the terms or provisions of Nis Agrumem shall be deemed to create a panommhip of joint venture between the Cory and Developer or m provide thhd party beneficiary rights to any petwn or entity not a Peny hereto. The only rearommli between the City and du Developer is that of a governmental entity regulating to development of private property and Ne owner of such private property, 26 wiwsl�� ARUME 6 NOUM lihlimemr All formal notices mluitd by this Agreement shall be in writing and delivered in patron or sent by certified mail, postage prepaid, to the principal offers of the City and the Developm with copies sent as set forth below. The addresses of the parties u of the date hmcof are as sct forth below. Such wrines notices, demands, conexpondence and communication may b r directed in me same manner to such other persons and addresses as either party may from time to time designate in writing. The Developer shall give written notice in the City, within ten (10) days after the close of eacrow, of any sale or mooder of any portion of the Subject PmPetly and any assignment or paniel sasignmml of this Agreement, specifying the name or times of the trensferee, the morroemcs mating address, the legal description of the land sold or transferred, and the name and address of any person or entity to whom any notice relating to this Agreement shall be given with respect to such transferred portion of the Subject Pmperty. follows: Notices required to he given to the City shall be addressed as follows City of Fresno Planning and Development Depar mens 26DO Fresno Smut Fresno, California 93721 Auendon: Planning Diremor No r es required to be given to the Developer shall he addressed as AshlaNHayes No. 1. LP. do Bron, MCCuffmy 7020 Van Ncnt Boulevard Fresno. CA 93711 unit a eOpy to Sanger A Olson 576 Sacramento Strtet, 7° Floor San Francisco, CA 94111-3029 AETICLE7 MISCELLANEOUS 700. Ameadmentof Agreement. This Agreement may be amended from time to time with respect to any portion of the Subject Property, by mutual consent of the City and the pcvelopm (to the esmnt That it continues to own any portion of the Subject Propery) and of the then-currem owners) of the porton of the Subject Property affected by such amendment, with City costs payable by the amendment applicant. in accormus a wilt the provisions of Government Cade Sections 65867 and 65868. 701. Waiver orProvishim. No waiver of any provision of this Agreemrnt shall be effective unless in writing and sifted by a duly aulhmiara tepresenladve of the party against whom enforcement of a waiver b sought. No waiver of any right m remedy wiW carfam to any occmrenm or event shell m diamond o waiver of any otheroccurten¢ or event. 702 Time of Esence Time is of the maence for each provixion of Us Agreement of which time is an element. 703. Enthe Agreement ]tis Agreement is executed in two dupticme originals, tach of which in deemed. to be an mignial. This Agreement consist of _ L—) pages and U exhibing which constitute the entire ummorm ing and agreement of the Paries. Said exhibits am identified az follows: Exhibit A: legal Description of the Subject Property Exhibit BB, Diagram of Area Subject to Agreement Exhibit C: [Deleted] Exhibit D: [Deleted] Exhibit E: On Site Improvements Exhibit F: Phasing of Off -Site Improvements (two pages: a list and a approved Plasma map) Fail G, Misha d] Exhibit D: [@leted] 28 smwiv Exhibit l: Staff Report to Council Exhibit.i: Ordinance Adopting Development Agreement Exhibit K: Conditional the Permit Exhibit L: Vesting Tentative Tract Map 5891. Recimis A through M are incorporated into the Agreement. In the event of inconsistency between the Recitals mid the provisions of Articles 1 through ], the provisions of Articles I through ] shall prevail. IN WITNESS WHEREOF, the City nod the Developer have executed this Agreemem ax of the dam first setfonh above. CITY: CITY OF FRESNO APPROVED AS TO FORM: John Fox, City Attorney DEVELOPER: By: Alan Autry, Mayor Klisch, City Clerk ASH1,ANJHAYES NO. 1, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: MCCNmEY GROUP, lac. I¢ General Purmer By: Brent M. McCaffrey ItsVice Pmsident 29 EXHIBIT "A" LEGAL DIESCRIPI'ION I he land referred in in Ibis Agreement u deseribe i sm follows: Parcel I: The NOM half ofthe Northwest quaver of the Southeast quaver of Section 16, Township 13 South, Range 19 East, Mount Diablo Base and Mendsan in Ne City of Presto, County of Fresno, Siam of California, aceanting to the Official Plat thereof. Except the Nonh 30 fax thereof heretofore conveyed to Fresno Traction Compony, Parcel 2: The Nonh onchalf of the South one-half of the Northwest quarter of the Southesst quarter in Section 16, Township 13 South, Range 19 Eut, Mount Diablo Base and Mendian, in the City of Fresno, County of Fresno. State of California, according to Ne Official Nal thereof. Parcel 3'. The South ouchilfof Ne South one-half of the Nenhwest quaner of the Southcsstquarmr in Section 16, Township 13 South. Range 19 Fast, Mount Diablo Base and Meridian. in de City of Fresno. County Of FmnO. State of California. according to the Official Plat thoei Escaping therefrom the South 165.0 fort of Ne Wes[ 5,18.00 feat, as conveyed to David Swabello, by Gift Dred damd may 21,1985 u D9Canlem No. 85061612, O1liciil Ravi Pierel4. The North one half of the North one-half of the Southwest poster of the Southwest quarter in Section 16, Township 13 South. Range 19 East, Mount Diablo Base and Meridian, in the City of Presno. County of Fresno, Some of Cophoda, accounting 10 Ne Official Plat Manuel. Excepting therefrom all ail, gas and minerals poeviously, reserved 0f record. Perot 5: The NOnhhalfofthe N0 ha ofthe Southwestquumr Ofthe SoutheutquanerofSxlion 16. Towmbip 13 South. Runge 19 East, in the City of Fmsno, County, of phone, Stam of Calif 'a, Moum[ Della Base and Meridian, Excepting Merriman the South 150 Feet of the East 215f of the NOM hilt of the North half of Ne Southeast quarter of the Southwest quaver of said Section 16. Also Ne mutt Westerly 660 of Parcell of Parcel Map No. 4014, recorded in Book 31, Page 26 of Parcel Maps, Fresno County Raortls. Exhibit "A" (egad Description cont Parcel6 The South 3/4ths of the Southwest quarter of the Southeast quarter anal the Wen half of the South 3/4tm of the Southeast asunder of the Southeast quarur all in Section Ifi, Township 13 South, Range 19 East Mount Diablo Base and Meridian, in the City of Fresno, County of Forma, Saw of California, according in the Official Plat thereof, Fresno County Ramos. Excepting thimmom de South 287 feet of the NOM 474 fend often West 440 fat of the Soma 3/41drs of the Southwest quarter of the Southeast quarter of said Section 16. Also excepting tmrefmo the South 208 fat of the North 682 fat of the West 228 fed of rhe South 314ths of the Southwest quarter of due Soutbort quarter of wid Smion Ifi. Also excepting therefrom tie South 326.0 fed often Eoat N5,M her athe West full, of ore South N/ Of the Southeast goarrcr of the SOutmat quarter of and Secdon 16. Parcel): The South half of the North half of the South half of the Eon half of the Eat half of the South t quarter of Section Ifi, Township 13 South, Range 19 Eat Mount Diablo Bou and Meridian, in the County of Prime, State of California according to the United Sara Gorerans nt Township Plat. Parcel 8: TTe Nods 102 of the Southeast 104 of the Northern 1/4 of the Southeast 114 of section 16, Township 13 South, Runge 19 Fact Mount Diailo One and Mendian, in the County of Reader, Store of California eccon ing in the Withal Plats thetmf. Excepting therefrom the North 330 fat of the Eon 330 feel Hereof. Parcel 9: The NoM 12 of the Northeast 1/4 of the Sandman 104 of Section 16, Township 13 South, Range 19 Eat Mount Diablo Base and Meridien, in she County of Fresno. Stan: of Cadifmnis, wocin ing to the Official Mn thernaf. Excepting tmafmm the Fast 210 fat of the South 42. fat thereof. Alco excepting tmefmo the interest as deeded in Fresrm Traction Company, a corporation, over the North 30 fav of said Southeast 1/4, as denderl in that certain Indenture recorded Octoher 7, 1913 in Volume 535 of Dads, at page 196. Fresno County Record¢. Parcel 10: The SmMwen 114 of the Northeast 104 of de Sentiment 1/4 of Section K Township 13 South, Range 19 Pam, Moot Diablo Bax anal Meridien, in the County of Fresno, Stele ofCubmrrla, momNing to the Official Plat thereof. ExmPnng therefrom the South 30 feet thereof. Exhibit E Onsite Improvements (All items included hereinbelow we a. general listing of these Improvements applicable to the development of the subject property. All improvements are to be provided In accordance with the Condhlons of Approval for Conditional Use Penult Application No. C-07-308 and Vesting Tentative Trect Map No. 5891/UGM dated November 05, 2008) • CuM & Gutter (including cum ramps, driveway appme m, em.) Medlan Island Curb Asphalt and Sheet Pavement • Sidewalk and Street Furniture (including flags, banners, idendfioation signs and kiosks). Landscape and Inflation for Parks, Open Space, and Buffer purposes, including: Major Street Entryways • Aggregated Open Space • Pedestrian Conneaions/Pathways • Interior'End-BIocM Treatments • 'Antl-Graffiti" Buffers Adjacent to Requlretl Wells and Fences • Street Trees, Parkway Landscaping, and Alley Shading • Fountains • Entry Monuments • Required Fences and/or Solid Masonry Wells • Emergency Access Gates, Bankers and Berticades • Sewer Main, Manholes and Laterals • Abandonment of all ii lsting Private Sewer Septic Systems • Water Main, valves, Fire Hydrants, and Laterals • Seal and Abandon existing Wells) • Stomt Drain Pipelines, Inlets and Manboax Rule 15 PG&E, Cable TV, and Telephone • Piping of Private Irrigation Canal(s) • Streattlghts • Parking Lot Improvements • Demolition of existing Extant Structures Construction of proposed Resitlential and Cammemlal Structures PAGES I AND TWO OF TWO PAGES Exhibit F Offsite Improvements (Al items included hereinbelow are a general listing of those improvement appliosble to the development of the subject property. All improvements are to W provided In accordance with the Conditions of Approval for Conditional Use Permit Application No. C4Y]308 and Vesting Tentative Tract Map No. 5891/UGM dated November 05, 2008; and pursuant to the Phasing of Street Improvements as identied within this Exhibit or to Phasing of Pulpits tltiRy Facilities as identified within this Agreement) • Curb & Gutter including Bus Bay Curb and Gutter at identified locations • Raised[ Concrete Median Islands at identified locations • Asphalt and Permanent Street Pavement at idenl'rfied locations • Sidewalk at Identified locations and Walkable Pets across adjacent property for safe mutes to schools • Circular or"Hammerhead"Driveways for Identified adjacent properties • 18ndscape and Inlgation for Open Space purposes along to major street frontages; including Birycke and Pedestrian Tall. • Sewer Main, Manholes and Laterals • Water Main, Valves, Fire Hydrants, Laterals and Reclaimed[ Water System • Water Supply Wells) • Storm Dain Pipelines, Inlets and Manholes • Piping of Private Irrigation Canal(s) • PG&E, Cable TV, and Telephone (Ashton, Hayes, Gettysburg, Bryan) • Undergrounding of Overhead Utilities • Traffic Signals (Ashton, Hayes, Gettysburg, Bryan) and Stop Signs at Identified locafions. • Street Light (Ashlen. Hayes, Gettysburg, Bryan), Underground[ Lighting Systems and Troll Lighting • Right of Way Acquisition (Ashlan, Hayes, Bryan) MdSE F•/ • Construction M additional lanes and widening within identified street segments Outside project boundary • Construction of felt and rlghbtum lanes with pockets and acquisitions at identified Intersections • Installation of stop signs, safety lighting and signalization at IdeM@Ied intersections • Installation of Intelligent Transportation System (ITS) conduit and fiber with pole boxes and equipment It Identified intsmarknboe w. West Ashlan Avenue for synchronization • Provisions for necessary lane configurations and proper transitions for appropriate speeds at identified intersections • Full improvement and construction of walkable paths across remainder and outlying lots that create bottlenecks • Installation of safe pedestrian crossings and sidewalk access irom all subdiWsion OWets to the CUSD Schools and accommodation for bike Innes. PAGES 1 AND TWO OF THREE PAGES (THIRD PAGE WITH PHAS WG MAP) FA[C P•1 Cri OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL boneless 0.2009 VESTING TENTATIVE TRACT MAP NO. 58911UGM acranow WEST All AVENUE AND IMS WE GETmauaa Awl Amasses; MD. lorsery NOnm arms me NDmn HAVES Av[xuee All tentative maps are suOlvA to the applicable provisions of Me State Subdyision Map Act, Fresno Municipal Code (FMC), City policies, and City W Fresno Standard Specifications, The following specific condlbons are applkahle to this vesting tentative map. The Under Growth Management (UGM) Service Delivery Plan requirements are Included in Me following conditions of approval and are designated by the motion'Urban Growth Management Requirements.' NiTO PROJEOT APPLICANT In acsordancm with the provisions a Government Code 590120(d)jt), the imposidon of fees, dadicall reservations or cessations for this project are Subject to protest by Me Project applicant at Me time of approval or conditional approval of Me development or within 90 days atter the data of the Imposition of Me feu, dedication, recervatlanc or exactions Imposed on Me development project, GENERICONDITIONS t. Upon condbional approval of Vestlig Tentative Trad Map No. 5391/DGM dated October 30, 2003, Me subdivider may prepare a Flnal Map in accomann with the approved tentative map, and related Rezone Application No. R -0T-29. 2. Submit grading plans and a soils report to to Cly of Flown Planning and Development Department for verification poor to Final Map apprMmI (Reference: Sections 12-1022 and 129023 of the Fresno Municipal Cada), Grading plans Shall Indicate the location of any required walls are indicate Me proposed arch of required landscape easements or strips. Approval Of the grading plan Is daubed prior to FMal Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction Whims to has GAY of Fresno Public Works, Public Udlitiu, and Planning and Development Departments for grading, public sanitary sewer system, public water system, strep lighting System, public streets, and aspirin drainage, including star tedlniwl reports antl engineered palls as necessary to construct Me required public improvements and work and applicable processing time. 4. Engineered constructon plans shall be approved by Me ally prior to the approval of the Final Map. If, at the lima of Final Map approval, such plans have rad been approved, the subdMder shell provide pedormence security in an amount sweeteened by the Ciry W guarantee Me completion of plans. 5. Public utilities pavements, as necessary, shall he shown on the Final Map and dedl " to Me City of Fresno. Public utility easements beyond Me Mmes of the Final Map, but required as a condition of development, shall be accuired at the subdivldoes Dan and Vegpn9 Tentative Thor Map No. T-Sicl/Unix November 05.2008 Page 2.0126 shat be dedicated by separate homicide at Ne time of Final Map approval. The retardation of existing milifies nece"Itated by the required public improvements shell be paid for by the subdivider. The subdivider is responsible to contact fine appropriate minty Company im information. 6. Comply with Me conditions, polities and standards set forth In the City of Fresno, Municipal Cotle, Andle 10, Chapter 12, •Subdivision of Real Property" Resolution No. 66-181, °Ciry Polity with Respect to SubdMslons" Eric City of Frespo Standard Spectionji s, 2002 Edition, and any amendments Moreton 1. The subdivider shall pay applicable fees for, but ret Ilmaad to, plan Olson; for sheet improvements and other grading and boost fewer street vattest ase, signs , water and sewer service, and inspectidns in eccnrdance with the CM of Fresno Mseter Fee Schedule (Ciry Resolution No, 791 and No. 80-420) and any amendments, nodi iaddns, or additions Metals; and in accordance win Me requirements et State kw as related to vesting tentative maps. S. The subdMder shall fumiah to Me City acceptable security m Buaratee the mnstrrwtion Of the of unis sheer improvements (FAdin accordance Goth LI applicable providers of the Fresno Mundipal Code (FMC) and Ne State Subdivision Map Act The subdivider shall Complete all the public Improvements prior to Me approval of Ne Fnal We by the City. iff, at Me rime of Final Map approval, any PI improvements have not been completed nd anzepfed In accerdanos G11h the standards of Me City, Me subdivider may elect to enter into an agreement win Ne City to thereafter guarantee Me compehan al Me improvements. 9. As a conation of Fines Map approval, Me su al%huer shall furhish to the City a ubdivis,on guarantee hating all partes having any right, bile or Interest and Me nature of their Interest per Slate law. 10. Poor to final map approval, me owner of me Sublect property shell execute a "Right to Farts" covenant with the Dry of Fresno. Sad covenant Is to con with Me IarW and shell acknowledge and agree that the aub;acf proPertY n N of neer agricultural districts located in the City and County of Fresno and that the residents of said property should be prepared to accept the inconveniences and msopmfort associated wit normal fart, activities, of the Final ht to Farm' Map of Vast g T tatrvnant Softbe Torecorded all N ggpgliNGMr concurrent wiM ma 11. No porton of any lot wimin this proposed subdivision shall Moncton into, or be located Irvin, me Pedfic Gas and Electric Company (PG&E) hansmiseion line easement en Me subject probaty. GENERAINFORMATION 12. Confect the United Sales Pastel Service for Me dcaton and type of mailboxes to be installed N this subdivision. 13 Pursuant to Section 660.56.1 of me Subdsvisson Map Act, which shade 'The right of the subtlidder to file multiple Final Maps shall net limit the authority of Me local agency to impose reasonable mrdtions relatng to Me filing of multiple Rnal Maps,° any multiple final maps Man by Me subdivider on Nis tract shall fully and independently conform to all Prpvl'edes of Fresno Municipal Code Chapter 12, Alicia 10, Subdivision of Real Property. Vesdiq Tentative Tran Map Nc. T 5891 NGM November O5, 2ow Page 3 m 26 14. The dersloper/owner shall obtain any end all Perera required for the removal or demorrion of any existing building or structure located when the subdivision boundaries, The developer/owner shall also obtain any and all permits required for the proper abandonmantlGOsure of any existing water iwell, sep8c a thfisf ash flee or cesspool, and nigatlon pipeline on me subject Property. AllsuOh pennhs shall be obtained prior to commencement of tma grading work, in axomance with Chapter 13 of Ne FnsnO Municipal Code. a) Pursuant to the California Environmental Ousby Act it is the lead agency's responsibility to evaluate all resources within a project area for possible eligibility to the CWHOmla Regisarof Hietodml Re6Wmes (PRC21084.1). The City of Frasno's 2025 General Plan diad crime stiff to review ell demWhion permits (within the City) for resources over 50 years of ego for MET Potential listing on me Local Register of Historical Resources (G-11-0). • NOTE: A hismdc survey was prepared for the subject properly as pad of the processing End evaluation of Ran Amendment Application No. A-07-008. Basso upon the information submitted within me consultants surrey rapoh, sift Seri with the consuhanfs Pobings; there are no historic resources for the purposes of the Caltloma Environmental Oil Act. 15. If archaeobglpl armor animal fer1 materiel a encountered during projoer surveying, grading, excavating, or consbuction, work Shall step immediately, 18. It there are suspected human remains, me Fresno County Coroner shall be immediately contamed (business hours: (559) 288.0109; after hours the contain phone number a (558) 46&3111 for the Fresno County Sheriff's Depadme0l). X remains or other archaeological material Is possibly Native American in origin, Ne Naffie American Heritage Commission (phone number (inch 853i082j shall be immediately contacted, and the Carrfornia Archoeologrell lnvemorylSoumem San Joaquin Valley Information Center (Phone number (805) 844-2289) Shall the demanded 10 obtain a referral list 01 recognized archadmogodts. 17. An archaeological assessment shall be conducted for the project, me she shall de fe malty morocco, and recommendations made t0 the CM as to any further site Investigation or site avoibanoe/Presendadon measures. 18. It animal fossils are uncovered. the Museum of Paleentology at me University of California, Beh<efey stall be conmmetl to cosh a referral list of recogn¢ed Paleontologists. An assessment shall be conducted by a palepnamogisb it me Pelen'tomgbt determines me material m be significant, a recommendation shall be made to me City ds to any further site ovelingadon or Preservation measures. 18. AppoNonment of Small Assessment, if as pad Of this subdivision, a division will be made of any let or parcel of land upon which there is an unpaid spacial assessment levied under any State or ]Deal law, including a division Into wndmIrmum iWermst as defined in Section 783 M the Cij Code, Me devempermonneir shall Me a "hen application wind me City Of Fresno Director of Public Works, repusei appa torment of the unpaid Portion of me assessment or pay off soon asaessmem In full. If the Subdivider elems to apportion the assessment ms application Shell wntan me /0110w4ng Information: Veefing Tentative Tract Mao No. T-58911UGM November 0.5, 21MB Page 5 Of is a) War street entryways should contain enhanced landscaping (and infide ion systems), surface malende, and Tenciri ll treatments that respectively improve and better define projecCs visual image and character. 1) The Slidell shell provide a minimum 10-fw1 wide lar Waped strip on Me west property line (IDcm street side property line) Of Lot 5 of Mail Tentative Tract Map No. 5091 NGM darted! October 30, 2009. • NOTE The snda(baped strip shall eoentl to the front yard setback of said lot. il) Oudots'A," 41"'AI "'AT8 "CJ' of Vesting Tentative Tract Map No. 5091/VOM, tlated October 30. 2000, which are proposed W be I(pated adlacent to the major street entryways into the suldcAsion shall be dadkated for Open Spaoe purpoe¢a and shell be landscapes and malntaNlad In accordance with Me conditions below or in a manner which provides appropriate security antl is deemed acceptable to both the City of Fresno Planning add envelopment and Public Worts Departments. b) The proposed subdivision shall irco po a aggregated open spaces wbich are centrelly located linked with IarME RPed Pedestrian connecllons'wakways, and provided far active recraatlonal purposes. Ni Generally, the aggregated open spaces shall have a minimum area at 10 Wo square feet, with minimum dimensions of 70 feet by 100 feet.. 10 The Cevelope0owner shall landscap¢ Outlets'`F ry; V.- ^AA; 'AO; "AP; AC; 'AR, "AY, -'BN" 8'BS' of Vaedng Target' Trill Map No. T-5901NGM salt October 30, 2008 art mantan said Iota in accordance with the cored listed below or In a manner which provides appropriate sec dry and is deemed aocoplgple to both Ne City M Emend Planning and Development and Public Works Departments. C) Landscaped padasmJ connectlon&kalFki shall be provided for at subdivslons in order to link mighbonfol and to provide hark s me opportunity to reach daednadens, Including (bill not limited to) resldances, bus stops, trans, pada (inducing mini, neighborhood, community. regional TablesPalls, etc.), scM1ooN, shopping other Subdivisions, art. if The developerlown r shall randbabi OudOB'A,"S; 'H,"BM," "BP,"BS' 'BW," 'BY," "BZ," "CC,' 'OC' R 'CJ' of Vesting Tentative Tract Map No. 509VOGM dated October W. 21105 and merman said lots in accormnce with the conditions Instad below or in a manner which provides appropriate security and is deemed acceptable to both the City of Frasno Planning antl Envelopment and Public Woks Departments. II) All proposed landscaped pedestrian conweione or plumbs, entryways and Pathways, shall be impmvad in abiordanDe with the approved! landscape Improvement piens, which are to be submibed to the Planning and Development Depadmem for review and approval prior to Final Map approval. • NOTE: lighting details shall be provided will rhe submMal of me, landscape provameotplans. �l Vesting Tentative Tact Map No. T-66B1IUGM Novel 65, 2069 page of 26 iii) O1'"BP,""Big " & "CD' of Vesting Tentative Tran Map No, 569INOM dared October 30, 2006 are also proposed to be dedicated for part purposes. • NOTE: Visitor parking areas and off-street parking geometnrs shall be provided In accatdance with Public Woes Departriern standards, asset Carlo", and policies. of Provide a minimum eight -fool wide landsce red strip at the end of all Interior blocks. NI "enbblock" landscape traaUnems shall no melntained In Nmordenpe wnh Ne conditions listed below or In a manner which provides appropriate security end is deemed acceptable to bath Me City W Fresno Planning and Development antl punto Works Departments, e) landscaping, which Is compliant with the City of Fresno "Mti-Gra l tandecaped Buffer Development sued Planting Strobsde• shall be required segment to all required walls or fences Mat are acressible to Me Public and shall be mamtined in accordance with the conditions hated below. NOTE: ComPiience war the City of Fresno "MII-Gref n Landscape Buffer Development and PlanOng Standards' stall be demonstrated and determined through submittal of to Improvement Pleas for all required landscaping and irrigation systems to the Planning and Development Department for review poor to Final Map approval as Indicated below. f) Improvement plans for all required sandamping and imgat on systems shall be submitted M the Planning and Development Department for review and approval Prior to recordatldn of Me Final Map. Street Tree Fro r 25. Comply with all of the requirement W Me Ordainment of Public Works memorandums stand December 16, 2007. 26. The subdiWder is required to provide street trees on all public sheet frontages Per Fresno Municipal Code and for Me spatial of planting and butter landscape easement. Sonet trees shall be planted at Me minimum rate of one tree for each 60 feet of street frontage by Ne developer. The sutdivider Is required to provide litigation for a6 sheet trees. The inigetian systam shall comply with FMC Schon 12-31 Water Efficient Landscape Standards. Maindeariefted 2T The long term maintenance of all the items listed below is the ultimate responstal of the ownetldevdloper. If Me Council or property owner/tleveloper chooses not to include all of Me items or certain hems listed in a Community Facilities Dlelnct (CFD), Me Properly Othruddeveloper shall be responsible tot providing a mechanism approved by Me city of Fresno for mairnenance of inch hems. a) Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within Me street dghhaf-ways (Incudes parkways and one-half of medlar Idi in major streets), landscape easements, mass and targets Nauseated Veering Tani dve Tram Map Nb. T.Org DM Novemberw,'M^ Page i of 26 with Me subdivision. NI duties she ce dedicated to the City of Fresno for maintenance purposes and any related work required. NOTE: The Depammeln of Public Works wig not be responsible for the maintenance of any Dano¢ it May are not induced Into Me Community Fadlitles Dipriib (CFD). If to outlots are to ba included into the CFD, time Department of Public Works will require Mat MMbscaPe and irrigation plans be submitted WC landscaper buffer plans for approval prior to inclusion into Me CFD. of Maintenance of sidewalks and street Mmiture as appmved by he Public Works 0eparbnent within the street right-of-way and the landscape easements associated with Me subdivision. of Maintenance of all landecaps and initiation systems on sidesand in medians, decorative concrete and pilasters included as entry traatrnents to the tract. of Maintenance of all local areas Cadre. Battens and sidewalks, and median Ishande as approved by Me Public Works Department within Me boundary of the antadve map. e). Maintenance and Operating psis a all local ode rt lights as approved by to Public Works Department within Me boundary of Me tentative map. f) Maintenance of all truest tress as approved by Me Public Woke Department within Me boundary of the tentative map. 28. If the ownar/developer chooses do be annexed Into Me Chins CFD for maintenance purposes, Men an Mne cation Request Package shall be submitted to the Public Warks Department for review, Processing, and approval. a) Packages moat be complete with all required information th order to be Maccepted. The nexation Request Form k aveilable on-line on Me City of Fresno website Mar caw traffic aint under the Public Works Department Developer Doorway, 29. Cbnstmtlion plans for all features to be rMantalned by a CFD for a final map shall be Included in Me final map submission to the Development Department for processing, This shall include a Street Tree LOCation and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and Intlude the areas (in square feet) of tud, shrubs and these, antl sidewalks or other savatl areas within ell lantlscap rd areas X Proceedings to place the Final Map into a CFD shall not pmmerar uhNl to Final Map has been annexed into the City of Fresno and Me paid Map, Landscape and Street Cre stakil Plans are smoldered to be technically coned. 31. If the developer/subdivider oleate to pennon for annexation Into the Cites Community FadlRies Distinct hevshe shall be required to provide the City of Fresno, Depamment of Public Works, with copies of signed acknowledgments from each purchaser of a lot within Me subdivision, attesting to the purchasers understanding Mat the lot will have an annual Instruments assessment and Mat burst is aware of Me estimated amount of Me assessment. The developerh ubdMdersha l execute end record a Covenant on each lot Providing notice that Me sublem property is sublett to annual payment of [M1e Community Faa ifies Oisvict assessment. Veining Tentative Tract Map No. 7-589 VUGM November 05, 2008 Page 8 of 26 32. Should the Cly Council or owner,developer choose not to Include Me maintenance Items listedabove in a CFD, then the progeny owne0developer shall create a homeowners' Association for I" maintenance of Mase items and proposed private weed, utilities, and walwoues. a) The subdivider shall establish a Home Owners' Associaton to Parana Me above listed maintenance responsitiones pursuant 10 a formal agreement will the City. fod The agreement with Me City described herein, shall among other Wings, specify level Of efand fregoenry, insurance requirements, traffic coaland inspection and be subject io approval by Me Director of Public Works and the City Attorneys Office. NOTE: Should Me owner/developer Audit to OMAN h a Home Owners' Adwadarton to perform maintenance obligations and assure that said obligations are met, then the ownedideveloper may WallMe such other items as are deemed appropriate and necessary for the sustainability of the subdivision and Its amenities within the rewOrdebilitds of the association. b) The proposed Ca iaratlon of Covenants, Conditions. and Peshictlons (CCBIBs) and Me Proposed ingmrnems for the homeowners assonation atoll bo submidsd to the Planning and Development Department for review two weeks prior to final map Approval. Sold documents shall be recorded Al the final map or aftemethday submit recorded document, or documents for recording prior to final acceptance of subdivision Improvements. Said documents shall lncude Assignment of r d oinl alldy m the homeowners assodation for landscaping antl other provisions As inaIn the Planning antl Development Department Ouidetaes for Separation, of CC&Rs dated January 11, 1985, PROPERTY DEVELOPMENT STANDAFOS8 ZONING Lot Area and Dimensions 33. Pursuant to Section 12-308-N-21 of Me FMO the Director of Me Planning and Development Department or Me Planning Commission may modify the property development standards of Me Amending zone olnrict 8 determined that the Proposed development conforms to the provislor5 Of Me abovemarthoned section. However, In rM =0 shall Proposed parcels be lees Wan the following minimum Standards. a) Proposed ltd shall be configured AM dimensioned in accordance with Vesting Tentative Tract Map No. 5891NG11,11 death October 30, 2008. BuildnA Se back U. Building whad" shall be provided in accordance with We Conditions of Approval for Condtlonal Use Permit Appllcatan No. C-07388 Asked November 05, 20()8 And E mpirbs) "A" dated October 30, 2008, Fences�Wall; 35. Construct a shr-fcot high solid masonry wall (at iniaha l gate of proposed site) pursuant to Me wild wall requirements of Section 12-306-H of the Fresno Municipal Cotte at the rear of Me requiatl landscaped areas along West Aal and West Gettysburg Vis ling Tentative Trul Map No. T-5891 NGM November 05, 2008 Page 9 of 28 Avenues; and, at the rear of the required laminated areas along Nodn Bryan and North Hayes Avenues. a) The six-foot high solid regularly Wall (at finished grade of proposed site) shall be continued at the rear of the required lantlscapetl strips on no Ideal street side W Ne proposed lata intu fing the entry street lo the subdivlsien (west properly line of Lot 5 of Vastlng Tentative Trap Map No. 5891NGM dated October 30, 2008). 36. Cbmtmp a six feet high slid masonry wall; or. City of Fraim appraved equivalent Wed. ply or doublanaded wood tante, (at finished grade of proposed Site) along all property lines of Outlets, that are proposed to be dra icated for parshopen Space purpoms within Verging Tentative Trap Map No. T-589INGM dated October 30, 2009, and which abut adjacent Property planned or zoned for residential ass. NOTE: Exceptions to Nis condition are permitted In those drcumsances where the main entryway into a pmpased dwelling unit faces the abutting property line, and pedesNan acmes Is afforded through the OLHOt. a) COmmdion pans for required walla showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department far review prior to Final Map approval. City of Fresno approved eriuivelent wood lances shall be constructed in amamanoa with the City of Fresno, Planning and Development Department Fence Detail "F-1.- • NOTE: Tire height Of the required walls (or approved equivalent wood fences) may be increased to a maximum seven feet gong all property lines of Out'ge which abut adjacent propmty Planned or waned for residential use. b) The We u'red shl-foot high Sal masonry wall (or approved equivalent wood fence) shall be increased to seven feat In height gong the following property litres, which abut adjacent property planned pruned for residential use: s ' P Li OulotT 01111011 W. West ad grunt to Lala East Ounot'W" Eag&Wall Outlol'AA. W" Dated 'AP North B South Omlot-A0" Easf&West Oudot "AB" East &Want Oullot'Bs' West Outlat Cc" North d West (edjamnt to outlying prores Outiot I West ad end to Lots 351-353 NOTE: The height of said Well& or farces to be constructed along Ne progeny lines of the OUme as referenced above, shell be reduced to a maximum three feel In height within fire front yard setback area of abutting residential lots. 37. Construct a six-foot high solid masonry, wall; or, City of Fresno approved equivalent two- ply or double -sided wood fence, (at firvshed gentle of prepared alta) along the following property lines, which are between proposed residential lots and rural resldental parcels Vesting Tentative Tract Map NO. T 5891MGM Novemper 05, 2008 Page 10 or 26 mat are between ones@ and two acres In are and developed with at least one dwelling unit: 109116 South, rear „ra 245-248 Wast. rear d]4-4]] ODUVII rear 481 South, side 485 Z.... side fi336834 East rear 33. Construct a seven -foot high solid mamnry wall (at finished grade of proposed she) Pursuant t0 the Solid well raquiremenro of Section 12-"-H of the Fresno Municipal Code at the rear of Me required landscaped sraas aong the west property, line of Lot 474 of Vestlrg Tentatve Tract Map No. 5391 NGM Card October s0 2006. 39, Construct a six -toot high mild deal wall; pr, City of Fresrl Addresed equivalent two- ply or double -sided wood fence, (at finished grade of proposed site) along those podions Of the Outlot 'CM(Private StreeVAlley) alley segments which abut the adjacent rural residential Mai 1, Assessors Propel Number st&0]0-1fi. 40..Constmcion putts for real wells showing aschitecturel appearance Wild location of all steps She be submitted to the Planning and Development Deparimem for review prior to Final Map approval. 41. All landscaping adjacent to walla or fences shell comply wild Me City of Frazno'Anti- Graffti Lmdmaped Duffer Development end Planting Standard¢.° NOTE: Compliance with Me City of Fresno'Anti-God' i Landscaper Buffer Development and Planting Standards Shall be demonstrated end determined through sudmdtal of Me improvement plans for all required landscaping and litigation systems to Me Planning antl Development Coastal for review prior M Fnal Map approval as Indicated above. 42 Proved a comer cut-off area at all entryway Interactions, where walls or fences are required, In accordance with Section 12 -308 -H -3-d M the FMC. Corner cut -of a are established to provide an unobstructed view for vehicular and hoteatded metro approaching an intemadson, They are a triangular area former by Me already linea and a diagonal line adjoining points on Me property lines, measured a specific diseases from the point of their inteesaChr n. At the intetsactiorr of streets, "a distance IS 30 feet. The comer ten -off area shall be landscaped (Including an irrigation Systam), and may be included within Me City's Community Facilities Diablcl. Zonina 43. Vesting Tentative Tract Map No. T-5B91NGM Is Subject to Gey Council approval of Rezone Application No. R -07-p29. SOLID WASTE SERVICE 44. SOlid waste dispoml for the subdivision shall be provided by the City of Fresno. The subdivision will be arvlcsd as erg" family residential propenles sam Bae" Container Service. Vesnn9 Terri Tract Map No. T-5681/UGM November 0.5, Mout Page 11 of 26 45. Comply with of of are requirements of Me attached Department of Public UtliRiee Solid Waste Division memorandum dated September 10, 2008. PAR_ K_FES 46. The (evelopea/awner shall pay the appropriate path fadllfias fee aedroa decided amid for parks and recreation purposes pursuant to Ordinance No. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 47. Catch "F;R,' N W i"'AA""AO; "'AO;''AO,' -AR' 8 "&9' of Vesting Tentative Tract Map No. 5891 AUGM dated Ototo 3Q 2008 shall be dedicated and maintalned for open apace purposes and may not W developed arm Omer uses. Pursuant to Proposed City Policy, these open apace am" may be applied as a fee credit against the City's Parkland OetllcsdoMmLieu Fee (Oufmby Act) fall Park Facilities Fee, as appropriate. FIRE SERVICE This Project is within three miles of temporary Fire Edo, O. 16. 16 ane panent mrFre Station 48. The project is subject to city sole fire aemce fees. 49. Access a not acceplable: Dead end streets shall not exceed 450 teat vrithout pmvgirg a second point of a uss. a) Lots 90-101, 10i 331, 334 of Vesting Tentative Tran Map No. 5891A1GM, dated October 30, 2008, are all ser 450 feet from a Single point of access. These lots t will need a second pent of access or shall be Provided with has springer Y I) lots requiring Naa sprinklers shell have a covenant agreement filed per lot statlng the fire sprinklers are a mndgon of the tract; or, if) Provide details for arreagenry access In lieu of fire sprint NOTE: Gates, posts or other barriers suitable :o TO Fire Department are required to be ineWlel at the entrance to an emergency amass only roadway all T40 entrance b all emergency accesses shall be posted with Pennanen( signs: 'FIRE ACCESS" (in six-inch [stem), "VEHICLES REMOVED AT OWNER'S E)PENSE' (n iWo-Inch lsftem), "FRESNO POLICE DEPARTMENT 621-2300 (in one -inch letters. NOTE: Emergency decreases are required to be dedicated fire protection Basements. 50. All Private sheets and driveways that are provided for emergency access for Fire Gepamme d use shell be constructed to a minimum Unobstructed Width of 20 feat Vesting Tentative Tea Map We. T 880'.IUGM Nwamber 05, 2008 Page 12 a 26 a) No parking is allowed in the alleys. Alleys Shall most Pi Works Standard API -17 with a reduced tum radius as shown In the Standard. b) The 324om wme streets intended for Niltrari in Ne shad &e subject to further review antl comment par Standard API -2A. NOTE Upon further review the stroets may be approved as shown or some • affairs may need to be Iden ffied as fire lanes. 51. Phasing of the project will ho lmd additional radew.for access and hydrants. 52. Provide residential hydrants and fire flows per Public Worts Standards with two Sources of water. a) CooNlntl a Street hydrant locations with to Department of di Works. 53. Comply whi all of the requirements Of the attached Fresno Fire Department mementa m dated SepfanEet 16, 2008. STREETS AND RIGWS- F -WAY 54. The subdiWtler shall Outran 20 the Cdy acceptable security to guarantee the=SVuaion Of NS afford Street vnp.ovements In accordance with all applicable provisions of the FMC and the State Subdiv lon use Act. M. Provide curb ramps at all comers Within the limits of this subdivision, 56. Any temporary dead-end streets created by this subelvision shall be properly barricades in accordance with Public Works Standard Pi 57. Local Street lengths exceeding 800 feet and four way intemeaionr squire traffic calming measures. 58. Local streets Shall be designed with a minimum 25 fow fuming radius. 59. Underground all exiting off-site warhead umNes and pmpoeed unity systems within the limbs of to map in accordance with FMC Sections 12-1011 and flesolWon No. 7& swatf-229. W. The following shall be sudmitted, So Settleable In a single baWege to the Planning and Development Department for review and approval: a) stertda Band atnpmg plans Per current Curt is Department of Transportation b) Street Cdnsouaion Pfans; c) Trefflc Sign 1. Streetlfghp antl Trail Lighting plans; antl, d) Land ousi and Inlgation plans (median island and street Uses wihin ell pafrtways), Vesting Tentative Than Map No. T-58911UGM November 05, M08 Page C OI 28 a) A full dibecrption of each assessed lot parcel or interest I be evil and of how such lot, panel or intaresl WIII be divided; b) A request that me Engineer Wppodion the amount remaining unpaid on the assessment in accordance with applicable law. and [) WIIPen cement Of the owner(s) Of Watch Such let, paM81, or Interest t0 the requieseW apportionment d) The application shop be filed prior to me approval W 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 pane. or interest into which the original assessed lot, parcel or interest IS to be divided. The fee shell be In an amount sufficient to pay all costs of the City and the Engineer of Work rasponsioo for determining the initial assessment in making the requested apportionment. LANDSCAPING AND DpFN SPACE 20. Pursuant to Section 12-1011-f-3 Of the Fresno Muntrdpal Code and In acwrdance with Pocky W3b W the West Area Community Plan, the subdivider shall brands a minimum 20-fGW wida landscaped area (and inigetlon system) along the aouth property line of all lots wit frontage along West Ashler Avenue (excepting Outlet -Cr of Vesting Tentative Traci Map No. 5&91/UGM, defect October 30, 21 which is to be dadijoill for private Wheat purposes). 21. Pursuant W GeCtion 12.1011-f-3 of the Fresno Municipal Cade and in accordance wit Po ity Wi of to West Area Community Plan, the subdivider shall provide a minimum I&fod witle landscaped Brea (and irrgagon Wyaym) along the north prcpady line of all lots with heritage along West Gettysburg Avenue (excepting. Curly "CK" of Vesting Tenttri Treat Map No. 5891/UGM dated Cctober 30, 2008, wnkh is to be declared for private street Purposes). 22. Pursuant to Section 12-10114-3 of me Fresno Municipal Code and in accordance will Policy W -3-C of me Wes Area Community Plan, me subdivider shag provide a minimum 15 -foot wide landscaped area (and irrigated system) along to seat property [Inc of all IofS with frontage along North Hayes Avenue (excepting Cutlot `CK' 0 Vending Tenial Tried Malls No. 5891NGM, dated October 30, 201 which is to be dedicated for private streatpurposes). 23. Pursuant to Section 12-1011-t-3 of the Fresno Municipal Cade and in accordance with Policy W -3L of to West Area Community Pyr, tesubdNider shall provide a minimum 15 tool MOW landscaped area (and Irrigated system) along to West property line of ail Ipis Wth frontage along North Brian Avenue (excepting Outdo "CK" W Veiling Tentative Tract Map No. 5891/UGM, cal Cclober 30, 2008, which is to be decal for private street purposes). 24. A minimum two to five percent (2%-5%) of the site (hess major street dedications) should consist of common passbe/attive open spaces comprised of pocket parks, tot lots, trals, Pedestrian ways, arW landscaped areas beyond minimum major Wheel setbacks. Paaeo ccmdors are strongly encouraged trough subdivisions tat cornett to streets, restrainer, and other subdivisions. Va ing Tentative Tmnt Map No. T-gen/tIGM November45, 2erna Page 13026 • NOTE: The Developer is responsible to relocone all obstructions is g., mailboxes, etcpoles, fencing, .) and make adjustments as mormay, within Me area of construction. 61. It the subdivider soaks to dedicate to the City, in fee, an outlet for open spam purposes, Me subdivider shall pay all Posts and fees eSS(nated shelf the City anvirommentaly assessing Me puaat to insure that it 0 free of toxic or recensions malanals pursuant to Me reamremabis of City Administherve Order 81,Iinbuding, but not limited to, P OMMng a Phase I environmental assessment. The environmental assssament shall be comnleted and all fees and costs for said envlmet"Ontal assessment shall be paid to the City Prior to Subdrdidets submltag of the. Flnal Map for City approval. 62. If not abandoned, the developer shell enter Into an agreement with Me owner of the envate irrigation canal Providing for piping the canal and submit an executed copy of the agreement or commitment letter from Me owner of the private canal to Me Planning and Development Department. • NOTE: The Proposed mmmem shall be identifed and a fins crass-aectionel dotal provided on Me miss. a) All piping shell be lobated subtle Of the proposed sheet riti way. Of Any piping across City stress shell be enter gasteted reinforced concrete pipe (P.GRCP) constructed Perpendicular to Me sweet. Of Subset engineered plane to Me Public Works Department, Engineering Disease for review and approval. 63. Comply whd all Of Me requirements of Me Public Works Department, Engineering Division memorandum dated September 11, 2008 (except as may be modified heran men hempen to street names, outlets, antl techntca irliormatton revised on the map subsequent to Me date of sell memorandum). NOTE: The timing 0 improvements may be dorsad upon phasing 0 the proposed project pursuant to a determination by the Traffic Englimming Manages Attached is a ropy of an approved exhim, dated August 15, 2008, which identifies the Potential phasing of improvements. The phaarp 0 provemanis may be subject to chance by the Traffic Engineering Manager it determined appropriate or necessary for public health and safety Purpose, M610R SIREETa NOMI li(D 64. Detlimte 4155 feet Of property, few center line, for public street ounces" yiMin Me limits of this subdivision to meat Me current City of Fresno Collector Standards. a) Match up with approved plans from Blap Church and Flynn. (A 11 -foot offset from section the was used) 65. Construct concrete curb, guner and sidewalk to Public Weeks Standard P 5. The curb shell be cnnstNdad to a 10.foot residental Patlem. CodamO a six-fect mstdamae vesting Tentative Tran Nap No, T-5891NCM NWembm05,2e'N Page W of 26 sidewalk per E Jribu ro" A two-mm pede rinan easement is required. Identify on me map, fib. Dedcata a 15-IOW (minimum) easement for lanbedape end pedesman purpoaes only to accommodate the planned bicycle and pedestrian trail for this parti0n of North Cyon Avenue. The dedicated easement and right-Of-way shall provide to, an eight-foot plantar, sight-foot sell lk, and 9 feet of landscaping. a) The biryne porion of the trail shell be accommodated within the street Stn, and sign to City standards. 67. C nstmct an 80 foot bus bay curb and gutter at the northeast corner of the interlaction of None Bryan and West Aerial Avenues to Public Worts Standard p-73, complete wren a 10-foot monolithic sidewalk, W. Construct 20 feet of permanent paving (measured from face W curb) within the Frons of the Subdivision. 69. Construct an underground street lighting system to Fublic Works Standard E-1 within me limits of thio subdivision. Spacing are design snail conform to Pi Works Standard Ed for Collector Streets. 70. Relinquisn direct vehicular access dghe 10 North Bryan Avenue from all lots: excluding Optical to be used for ingreselegress purposes, within this Subdivision. WhelotG b Awards (Collacton 71. Obtain and dedicate 47-55 tact of property on one South side and 17 feat of property on the north side, treat section line, for public street purposes wrain the li l of bus subdivision to meet the current City of Fresno i eetor Standards. NOTE: Of lead Plan Line (OPL) No. 111 a not applicable per aha City Engineer. 72. Construct concrete sure, goer and sidewalk to Publlc Warks Standard P-5. The curb shall be mnstmRed to a 10-foot residential pattern. Construct an Stuff reatdencal sidewalk par Condiaion No. 89 below to robot the West Gettysburg Avenue frail requirement. A 15-foot landscape antl Pedestriso Easement is handled. Identify, on the map. 73. Dedicate a 154001 (minimum) easement for landscape and peva etrian purposes only to accommodate Ne Planned bicycle and padestrlan trail for this portion of North Bryan Avenue. The dedicated easement and dghtrof-way Shall provide for an eight-foot planter, eight-foot sidewalk, and 9 feet of landscstong. a) The bicycle portion df the frail Shay he acro m0 WW within friss street Ships and sign to City sterearCs. 74. Construct an 80 foot bus bay out and gutter at the Southeast comer of the intersection OIID ese oGettysburg and North Bryan Avenues to Ppblfo WOMB Standard Pi complete f t monolithic sidewalk. Vesting Tentative Tratl Map No. P539LlIGM November 0.5, 2006 'age 15 of 26 75. COnstri 20 feet of permanent pavement on the south side (measured from face of curb) and 17 feet of permanent paving on to north side. wthln the limits of Nis subdivision. 78. Construct an underground street lighting system to Public Works Standard E-1 within the limbs of this suEdvislon. Spacing and design shall Co m" to Public Walks Standard E-8 for Collector Streets. 77. Relinquish direct Vehicular aaess rights to West Gettysburg Avenue from all bis; excluding author to be used for Ingres4egress pumaeas, within Ola subdivision. 78. Dedicate a pe lestrian easement over that portion Of Outlat T o1 Vesting TentatFre Treat Map 5891NGM, dated October 30, 2008, which Is located within the PG&E Transmission had Easement anti conami a sidewalk around the existing electrical tower tooted wiPi the West Gettysburg Avenue alignment. Net Haves A CII 79. Dedicate 47-55 feet of property, from section line, for pubic street purposes wbM1ln Me limbs of this subdivision to most Me current city of Fresno COIlal Stands las. 60. Construct Connate curb, gutter and sidewalk to Public Works Standard P-5. The cine shah be constructed to a 10-foot reedstal pattern. COn tdi a six-foot residential sidewalk per Exhibit O A two-foot pedearm, easement is required Identify on Ne map. 81. Construct an im-foot bus bay curb and gutler at the souNwea comer, of Me mb,a Ghon of North Bayes and West Gelfysburg Avenues to Public Works Startlard P-73, complete with a (0-foot mond'¢hic sidewalk. 82. Comiscat W fact Of permanent Paving (maas make from face of Curb) within me Ilmite of Nis subdlvislon. 83. Constmct an underground street lighting syatam to PSbb Warks Standard E-1 within the 6mtts of this subaivision.. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets BM. Relinquish direct vehicular Succeed rights to Norm Hayes Avenue from all lots; excluding Sulfate to be used for ingressagress panaceas, wiiih this su u ivMon. Went Ashlan Avenue JAcdemi 65. Ord ai 5557 feet Of Property, tram center line, for public street purposes within the limits Of MIS saboWlisiOn ip meet the warrant City Of PI68n0 Arterial Standards. S) Match uP with approved Plane frau Blab, Church and Fryrn. e6. Gonaduct concrete Curb, gutter and sidewalk to Public Works Standard P-5. The curb stall be conatruchad to a 104001 residential pattern. Construct a six-foot residential sidewalk Par Exhibit "D." A two-foot pedestrian easement is required. Identify on the MOP. Veating Tentative Ten Map No. T-SBgINGM November M, 21876 Page is of 26 87. Construct 20 feet Of Permanent paving measured 'mm face Of cudJ within the limits of Cols subdivision. id Construct an underground street lightlng system to Public Works Standard E. within the limps of tics subdivision. Spacing and design site conform to Public Works Stallard E-] for Artedel Streets, 89. Relinquish direct vehicular access rights to West Ashen Avenue from all lots; excluding Outlets t0 be OSed for Ingm86/BgrBL9 Purposes, Widen this supervision. INTERI0a LOCAL $TgEETS(PRNATm 90. In accordance with Vesting Terrell Tract Map No. 5691NGM meted Colober 3 2008 ralinquish vehicular access rights to Outbt 4087' (PrOats Seem) from the shoal I Properly line of Me following residential lots within this subdivision, which abut said private street Latest : P z zfi as3-aa��_ Street 1 ge Oeroa6l Artisan Perkilo 18-2 4652x629 58> 60] 60Om Pyk Soul m Well Armin Parkway 91. Design and mar a tri the following Proposed streets to Mal Collector standards: GreenFleld Drive, Park Bouleved, Live Oak Avenue, Artisan Patkwey, and the elle, adjacent to LIN 409 of Vesting Tentative Treat Map No. ffil GM, dated Clobber 30, 2008. a) The proposed street design shall ce approved by me Publac Works Department. 92. Construct sidewalks on both sides of the proposed private streets In accordance win the 2025 Fresno General Plan. Sidewalks are to meet current AOA standards. Contact me 81 and Sarery Services Division for further information. 93. Maintain minimum clearances as directed by the Fre and Solid Waste Departments, INTERIOR ALLEYS(PRIVATE) g4. Alleya shall be constructed Per Public Works Standard API -17. SPEGFlL MITIGATION BEOIIIREMENTB 95. Comply with all of the megaton measure requirements of the Traffic Ereml drg Manager As outlined within me arched memorandum sped March it, 2006, NOTE: The daring of Improvements may be heard upon phasing Of the Proposed Pi pursuant to a determination by the Traffic Engineering Manager, Attached Is a Copy of an approved exhibit, dmad August 15, 2008, MilitiaIdents es me Potential phasing Of Improvements. The Phasing M improveman5 may be subject to change by the Traffic Engioeehng Manager 8 determined appropriate or necessary for public heelm and safety purposes. Vesting Tentative Tract Man No, i-Soal/UGM Ncvammro 08 Page 17 0126 96. The intersection Of West Ashlao Avenue and the ora-aighe mile point east of North Bryan Avenue shall be assigned such Met Me medlar isl2on will allow for weslbeund to eastbound a -sums. 97. The intersection of West Aeolian and the proposed Arthean Parkway shall be designed with a full median opening to allow for left toms in and aft molts out. The intersection commercial Parneed to ried Portion of too social further review 0f the future emrtlere l for the propery. 9B. The fired order of work shall include a minimum two points 0 vehouler access to the major Sheets for any Phase of this development 99. Backing onto a Major at,, is prohiblted, a) Identify the ProposOb ingresNegress locations for all buildings to remain on the following APN(si: ) North Bryan Avenue: 512-0]016, 35, 47 i) North Hayes Avenue:311-df i,311-0]0-tq ii, 20, 21, 25, 29, 32. 44, 46853 Iii) Wert Ashlan Avenue: 311-0]0-2], 40, 43 & 49 b) Construct circular or hammerhead driveways, where not 0XISI and construct concrete driveway approaches to Public Works Standards P-1 and P-4. 100. Relinquish vehicular access rights M Me Proposed mtot adjacent to Lot 1 of Vesting Tentative Tried t Map No. 5691/IIGM dated October 30, 2008. 101. Remove the structural saotion from Me tentative map and provide on Me street consioul plans for renew and approval. 102. The commercial barmaid Plateau of this map (i:e., Lots 60.4652 of Val Tentative Tract Map No. 589MGM dated Cdober 30, 2000) shell require a site plan / carefuluse permit, with detailed plans and potenlielly a TIS or site access evaluation to determine additional Mike allagatlan measures and cam l6ons of approval. 103. Tilm e 45-dagrse two-way Parking which is shown along Artisan Parkway would require a nimumol62feetfmmt!pofcarlotipofoar. WpMsvaybasedupon Meangle. 104. The Proposed project shell make full impm+ements Including a walkable path across remainder lots or Iota Mat create a bottleneck (even ti not induced wish this map) as a result of the from map along project homage m- connecting project frontage on West Ashland and Gaysburg Avenues; and, North Bryan and North Hayes Avenues. 165. The proposes project 51 provide a Pedestrian sidewalk access to the nearby Cenral Unified Schools from all outlets of this pent on North Bryan and North Hayes Avenues; and West Gettysburg and West Ashlsn Avenues. e) The roadways shall also be built to accommodate bike lanes even though May may not be allowed 10 ad Installed istoped and signed) until the opposite side of the street in Me County has a bike large installed. VanN2Temativa Tram Map No. T-$691IUGM November Car Wrel Page 1a of to TRAFFIC SIGN4. MmOATON lhdhaT (T$MI) FEE 106. This project shall pay the current TSMI Fee at the lime of buiMiilg Permit based on the Mp generation shape) as sat torn in the latest edition of the ITE Generation Manual for single 'Emily Units (fee rata as shown in the Master Fee Schedule), 10>. The PmjeCI shall install all -way crop signs at Ina intersection North Bryan ntl West Asi Avenues. The project shall provide safety IigMing of NN the northeast and nd northwest comers for a future signal. 108, The following intarseceons shall be signalized to MG City of Fresno Standards complete with left turn reimbusemenphasming, actuation, and all tis eligible for ndeorrcedit against Trott Signal Mitigation I pal Fees; a) North Hai and West Ashlan Avenues. b) North Hayes End West Geftysburg Avenues, C) North Bryan nd West Gettysbury Avenues. d) West Ashlar and Norte Polk Avenues. e) North Bryan antl Park Scull (not reimhursahle) g West Ashen and Proposed Arisen Pmkvray (Pending turMer review and approval of a detailed commercial CLIP/SPR, not reimbursable). FRESNO MOJOR $Maki IMPACT (FM51) FEE 109. This map is 1n the New Growth Area, thanes pay all applicable growth area fees and City -Wide Regional Street Impact Fees. FREBNO all STREET Ifill (FM$I) REpW RENENT6 Vi construction occurs adjacent to Me County of Fresno, Comply verb the Standen County Q9ntllstances p bike larks, �nt vA) Add rtght-CS-Way may he hall for driving Ni Si Avenue iColleddr) 110. Dedicate and construct (four) 12 -foot travel lanes wni 5dool Shoulders and A 12 foot center nedoway left turn lane within the limits of Mis subdivision and dentures north to Wast Shaw Avenue. Struts 250 -fail left tum or interseri Dedicatin shat be sufhclent tc accommodete additional al Paving end t all any other gredn or transients as necessary based On a 45 MPH design speed. g WaWt n A Cldl 111. Dedlcete nd conmmcl (two) 12.foot aasmound [revel lanes w h a 5 -Ml shoulder(one) 12 -fol westbound travel One who a 5-fii shoulder end a 12 -fold center mi left tum Ine within Ne limits a this subdivision. SMpe 250 -foul left tum pocksts at all major Intersecti ars. Dedication shall be Such 'to accommodate addlowal Paving and any other grading or transitions ae necessary based on a 45 MPH design speed. North Haves Avenue Cell 1 112. Dedicate and construct (tour) 12 -foal travel Inas With 5400t Shoulders nd a 12 -foot Center t" -way left turn lane within the limits of Mis suborwaon. Stype 250 -foot left nm sung Tentative Tract Map No. T -Su llUGM ember 05, 2006 -one 19 0126 puckers ad all major Intersections. Dod'Icapon shall be sufficient 10 accommucate adtlitonal peeing and any other grading or him"Ons design speerevealasrevealeased on a 45 MPH 113. Dedicate and construct (two) 12 coc northbound travel lanes with a 5 toot shoulder and (One) 12 -foot souVlbound novel Ione with a 5 -foot shoulder from West Shaw Avenue to West Gettysburg Avenue. Dedication shall as sufficient to accommotlam additional fluent. and any other gracing or transitions Ad necessary based on a 45 MPH design W69 AlmuA Ad r 114. Dedicate and construct (1") 124001 Baetboend travel lanes whh a 54001 shoulder, (two) SStOM wasl6ound travel lanes with a 5 -foot shoulder and a raised concrete metlian foot land within me limits cf this subdlvsion. Construct a misetl concrete median whh 25Q lei :um pockets at all majralat met. DO3. Details of said street shall be depicted to the approved tentative, any t tred map. Dedication shall be sufficient to accommodate arterial 5andares and any other grading ortransitrons as necessary based on a 55 MPH design speetl. 115. At a minimum the project shall Nnsla d West Ashen Avenue wM a 164001t ralsed concrete median and a straight 12 -foot travel lana with 5 -foot shoulders In each direction to connM Veterans BDulevard-Graduand Avenue to COmen, Avenue. R) This condition shall ha IAnPlemented from Veteran's Boulevard to North Bryan Avenue and from NOM Heyes Avenue to NOM Comaia Avenue. • NOTE While there will W adtlNOnal Conditions on W&M Adrian Avenue iiia c int inion At Intended to provide one City standartl medal lane on West AsHan Avenue without cal in me way. 116. Where not existing, dedicate sufficient dghto6way, and conslmet additional paving for eannd voludidoond from North 10und "Mound ntAvenue to StateONet0 SeEillacluncl U turns at 99 in wNfordance won poblk WahseStantlartl P-93. Shama OF CAUPOPNIA OEPAgTNENF OF TPANSPOWATON(CA-hapNaf FSEs: 117. Applicant shall pay fair share contribution as determined by the State of CalXonad Dalaartment of Trambodation (Caltrans) to ba cellEneC by the City of Fresno Public Works Department, Traffic Engineering Baboon pdarto a Final Map. Ni: The Decare letter is included and tees are required to be paid to Mitigate far share Impels to the identhed state transportation faci@les. Pdeese contact Cahrans District 6, Joanne SirePoach at (559) xtfi p regarding to fair share celcusdons. Verify the Civil amount due to map revisions. Ves4ng Tentative Tract Map No, T-5691/UGM November 66, Paps Page 20 of 26 SANITARY S_�. i_ The nearest sanitary sewer W main to salve the proposed projew are a 15 -inch main located in WOW Gettysburg Avenue an Man W 8 --inch main lowtatl In North Bryan Avenue.. The following bower Improverrlend shall be required prior to Providing Cry sewer service to the Project 118, N III and NOM Hayes Avenues. war mains in 18 -inch and 15�inch sanitary sein Wafit septan Avenue between 119 AvenueConstruct an j a -inch sanitary Power main in Nobh Hayes Avenue from West Ashton pproximately I rO III fear, 120. Sanidiry sewer maids shall be ended wNtin Me proposed trap to provide sewer service to each let created, 121, Separate sewer house branches shall be required for each lot cnualon. iffi. Abandon all finding on-sRe private sewer eepGc systema m accomarme win Oeparrment of Public Worts stantlarda specificalbns, antl pollci s 123. All public sewer, spades shall bad Wild constructed in apeorddrOb win Determent of Public Worts Staetlaldfi.6paPlljPatioa6. and ppliclas. 124. All underground sbeel Utilities smell be imtelled prior M permanent street paving. 125. Street easements smaller tleeds Shat be recorded prior to approval of improvement Plant. 126. Engineered Improvement Plans Prepared to City Stenomds by a Registered Civil gineer are required for pmeos id additions to the sanitary sewer system. iZ). A Preliminary, sewer design layout shall be prepared by the Developers Engineer and to fuumed ni r Department of Public Utilities for review and coneapWol INAXONele prior to submittal or aaeppnca or the developers first map and engineered plan & pmtle Improvement drawing for City review. 128. Comply with at of therequirements of the attached Public Uphies Depanmenq Planning and Engineering Division memorandum dead January, 02, 2008. SnertAnv SEwFIt FEE6 129. The fallowing Sewer Connection Charges are due and shell as paid for the Project a) Iataral Sewer Charge 111 Oversize Sewer Charge C) Cversize Sewer Area: M39 Of Trunk Sewer Aran: Gretna d e) Sewer Facilities Charge (11ealdentlal Only) Vawng Tentative Trac Map No T3B91NGM November 65, 2606 Page 21 of 26 WATER SFRVICE The following Contlitione are requlrad to provide water I, to the tract. 130. Construct a 14 -inch transmission grid water main (Including inaratlatien'of City fire hydrants) In West Gettysburg Avenue from North Hayes Avenue was to North Bryan Avenue. 131. Construct a water supply wells) on a Sel demanded d to the Cry of Fresno. The welt(e) Men be capable cl producing a focal of 2 000 gauche per minute. Well ages shal be of a size and at a location apceptable 10 the Water Systems Manager. The cost of acqutdng the well sill and construction of the wells) shall be reimbursed from Oce UGM Water Supply Well Serves Area Fund W1 In a000menw with asaceshed UGM poliewu 132. Water well cowtnMion shall include wellhead treatment f edidles, M required. The coat for constmatng wellhead thumment facilities May be Mimbursetl from UGM Wellhead Treatment Service Area Fund Sore, In wConsinca wim whastar ed UGM policies. 133. No oauPandia3 wfl be Permitted prior b Me sedsradion of the water supply requirement. 134. Develop and implement mi ganon measures to other groundwater pumping equivalent to the mi annual water demand at bulMout plus 15%. These mitigation measures include me use of FID surface water forIimpo n, installation of low flow fixtures, the use Of Ubliciat lawns for larrdscepe, and tie use of evepolmnspiration rontmllers. The mitigation measures slop be subfed to Prior approval by Ne Weber Systema Manager. 135. The development shall design appropriate iwreahunure to facilitate water consumption t a rate Of 243 gallonalpersourday. 936. Separate water wai with meter boxes shall he Provided for each lot Created. 137. Two independent sources of water, meeting Federal and State Drinking Water Act Scrol s, are required to serve Ne tract i%ludng any subsequent phases thereof. The two -source requirement may be accomplished through a combinadon of water man extensions, construction W soppy wale, or other wireptable sources W water supply approved by me Water Systems Manager, 138. All public water facilities shell ba Cons" ad in accortlance w Public Works Dopa tradia rye, specifications and policies. 138. Seal and abandon exkting ort-hite well(s) in compliance with the State of Caifomla Well Standards, El 74-W or Curren revisions issued by the Caltomla Dep wbww of Water Resources and any of Fresno standards. 140. All proposed water main easements shall be clear and unobstructed by buildings or other muctures. No fencing or wall shall either enclose or be neared above to water main. The Curing plan for any proposed landscape within Me easements shall Da approved by me Department of Public Utilities. No trees shall be boated within a feet of to water main. All water mains wdhin an easement shall be clhl moled with signage above indicating the exact looation antl type of facility below. VMAng Te.imaVa Tr%d Map No_ T-58911UGM Novamber05, 2008 Page 22 of 26 141. Construct a reasoned water system in public rigntsbf-way to open future tecta treated waste water for landscape Im5ation purposes. Design of me reredaimetl water mains will be subject to appmtal by the Assistant Director of Public lhj 142. Campty with all of the requirements of the Department of Public Uelibea, Water Beach memorandum dated October 13, 20X18, aspect as may pe Modified above o agreement with Me Water Systems Manager. r m URBAN GROWTH MANAGEMENT REGUIRMENTS (GENERAL) 143. The subdivider of property based wltbjn the UGM boundaries shall comply with all sewer, water and street requirements and pay e1 applicable UGM fees Imposed under o e Urban Growth Management prospect (with appropriate credd given forme installation equjred UGM improvements) In acwMance with me requirements of State Las as related to tentative free maps. RIGHT-0E-WFfIGH7-0E-LNAY ACQUISITION 144, c m he developer all be responsible for the acqual ach of airy necessary, fight-of-wa to construct any of the required improveanfs, y 145. Rights-of-way acquisltipn shall Include any dgms-of-way racesssry for proper drainage, signing, coup relabel, and shoulder grading. In general, this will require dghbof-way to be provided approximately 10 hear outside the petal lane. The asset requlrement must be determined at the project Malkin stage based an the east constants and detailed design information. 196. In me event an aoquisibuon of any assessment or right-cfway is ned"Iltafed by the subject development road acqujabact will be appompllsM1ed pdor [o Final Map approval. The dve ebpeffeva r should contact Ne Peal Estate Beaton of Ne Public Worla D rcenmem to receive pmceduml guidance in such acquisitions. 147. Should such. adrais se, not be apcompliahed by the subdivider pdor tp Fna Map appmva, me subdivider must request and grant to the City me full authority to attempt acquieipon e8her mrough negotiation Or through its power of eminent domain. The subdivider shat furnish to the City Public Worts Department Engineering Diva) Real Estate Section, an apprasal report or a request for an estimated appraisal amount (W be determined by me C!ty of Fresno Real Estate Section) prior to preparation Or a Subdivision Agreement 148. The audownder shall submit adequate security In the loam of a cash deposit to guarantee payment or all cosh$ associated with the acquisition, incWding staff bums, attamey'e fees, appraisal fees, court rws(c, and all related expenditures and mats necessary, to eget; the apqulsidon of wet easements or fights -of -way. FLOOD CONTROL AND DRAINAGE 145. The subdivider shall per required to comply vary me s quMempare the Fresno marropolitan Flood Control District (FMFD)fliorsme eubtl imposdion by amendments or mpdgjce8ons to those requiremleme which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 N me Fresno. Munlopel Code. These r qujrameme are identified in the Dlstres letters to me Planning and Development Department dated May 29, 2008. Visiting Tentative Ted Map No. T 5991AUGM November 05, 20119 Page 23 W 29 1W. Any tamporary basin constructed for or used by this subdivision requires approval of FMFCD and the City of Fresno, ntl may only be implemented through a povewm themeren me City and the Developer prior to final map approval. Temporary basins shell be fenced within seven days of Are time a basin becomes operational, and fencing shall conform to City of Fresno Public Works Standard No. P-0 The Fresno Mosquito and Abatement DIStric1 shall be provided Copies rights and a means of entry for Inspectlon and mosquito abatement activhies for Al omens basins (rafer to attached map of mosquito abatement districts In the Fresno-Clavla Metropolitan Area). Atf amad hereto, and in orporefed by reference, Is a Copy of the updated PUNIC WOGS Standard No. P4f2 for temporary Mrslle ponding basins, and a Copy of the City of Fresno's Guidelines for Ponding Dash I Pond Consultation And Management, dated October 29, 2004. n Manfence of temporary ponding We're shall be by the Subdivider until permanent service forme entire subs ivklon is provided. SAN JOAQUIN VALLEY AIR P0111hT1O CONTROLDISTRICT Sah Air 151. pollo m Control hDeco all rt for the coly with ntrol ofnparoposieVill of a="and Joaquin yutl The abdi fugitive Card dB Construction of this project. gg of me San icart r Pollution 152. The Control D tict for small the mntrol oaf logifrveOO 6 duu t raqulre'nenta from paved 1nrd unpaved roads. 153. An Air Impact Assessment (AIA) application for the proposed Froleot shall have been submitted o ma San Joaquin Valley submmutuaccept nce of any phase at one Fined Pollution rto the Map for reca dation pg,atmal STA7C QF CALIFORNIA DEPARTMENT OF TR NSPORTATON CALTRANSI 154. AtabOepaN^e toof TransP r a mon (Caftans) memorandum Chad Apel 04 20011. on s 2008me State • NOTE. The Caltrans letter is Included and teas are required to be paid to mitigate lar share Impact to the identified state transportation facilities. Pieese Contact Caltrans District 6. Joanna Straibach at (559) 488-4347 regarding the fair share CCICJIatlons. Verrfy the exact emqurd due 10 map revisions. W - OF FRESNO OAD MAINTENANCE AND OPERATIONS The fo9ovdng conditions are required of development project plans for Connection or adjacent to County areas Where Staled for annexation into Incorporated CMM s'. 155. The devaloperhabovider shall Comply with all of the requirements of the arachad memorandum to consultants,. developers and engineers Imm the County of Fresno Document of Public Works ntl Plarming, Road Maintenance & Operations Division pub fining to Developments proposed m County Areas & proposed for Annexation and dated November 19. 2C07. Valuing Tentative Trail Map No. T-5691!UGM Nowember 05, 2008 Page 24 of 26 COUNTY OF FRESNO DEPARTMENT CF COMMUN TV HEALTH 156. Attached for the developer'subdivdefs records and consideration is the County of Fresno C6Vadnient of Community Health memoandum dated December 14, 2007. PACIFIC GAS AND ELECTRIC COMPANY 157, The developerlsubdirider shall comply win all of me requirements of the attached Pacific Gas and Electric Company memoandum dated December 12, 2007. FRESNO IRRIGATION DISTRICT 158. Attached for the devecperlsubdivdefs records and consideration as Me Fresno irrigator District (FID) memorandum dated December 11, 2007. CENTRAL UNI F EO SCHOOL DISTRICT 165. The daveloperlsubdivider shell comply with all of the requirements of Ne attached Central Undine School District memorandum dated January 23, 2008. NOTE: Central Unified School Distinct has required that a school bus step shall be constmctad an Ne west side of Norm Hayes Avenue within the subdivision frontage per the specifications coached to its memorandum as referenced above. DEVELOPMENT FEES AND CHARGES This pm)ect is subject m Ne following fees antl charges: SEWERCONNECTIONCHARGES FEERATE 1. lateral Sewer Charges 80.1 Wsq. X. (to 100' depth) 2. Oversize Chargee SO.Waq. It. (M too'depi) 3. Trunk Sewer Charge Service Area: Grantland. Residential $til glllving unit Commercial S.T.E.Pe 4. Wastewater Facilities Charges fiesidendal S2, it STving. unit Commercial S.TE.P4 5. House Breach Sewer Ohargev WA WATER CONNECTIONCHARGES FEE RATE 5. Service Connection Cheri Fee based on sarnce(s) and materia) sizes specified by owner, fee for servfce(e) and students) venting Tentative Traci Map No. T-5e91NGM November 05, 2006 Page 25 0125 7. Frontage Chargee 8, Transmission Grid Main Chargee 9. Transmission Grid Main Bond Debt Saralee Charge: 10. UGM Water Supply Feer Service Area: 3015 Resldantel Commercial tt. Well Head Treatment Feet/ Semce Area: 301 Residential Commercial 12. Recharge Feet/ Bamce Area: 301 Rattail Commercial 13. 1994 Bond Debt Servleee Samoa Area 301 Residential Commercial CITYWIDE DEVELOPMENT IMPACT FEES 14. Re Facilities Impact Fea— Clywleaj Residential Low/Medam Residential Medlum-Hlg"1911 Commercial Retail 15. part, Fordby Impact Fee -Citywide] Beall L Vadum Residemial Medlure HIgn/I 16. Quimby Rardand Dedication Feet/ ResMental Low/Medium Residential Medlum-Highleigh established by the Master Fee Schedule $6.50.41neal foot 5643Igroee Acte (parcels 5 gross Acres or more) thph /gorse ace, (camels 5gmss acres or more) $50841ving unit $50641Nng unit equiva 8mr lialAiving hill 6221IIMing unit aquirpnew $igogiv nng unit $0.0WOng unit equivalent' $SOI Mng unit $5'yINMg unit equivai $53wmng unit $ wliving unit $230/1,000 At It f $z2784iving unit ST053rliving Unit St 120Nving uolt 1 5911/rving unit Ij Val T urreiva Tat Map Nb. T-5e911UGM November 05. goes Page 26 of 26 17, Citywide Regional Street Fee! Residential Low/Metlium $6,361jad, acre $12,01 acre Residential liedmm-HigNHigh S120301adj. We Commercial Retail 16. New Growth Area Major Street Feet $187901ed1. elle Reeitlengs LowlMedium $18,790fl aj. ane $24.8701edl. acre Raeldentlal Medlum-Hi9wigh $24.8701elle Commercial Retail 1g, Police Factures impact Fee —Citywidea Residential LnwlMedtum sgzMh gunit sSOagidn8 unit Resitlentlal Medlum-HIgNHigh $PR511,O181 sq. it T commercial Recall 20. Traffic Signal Charge $AAD.WhAng unit Residential Lrn@Mircum sida.03rliving unit unit Residential Medium-Hlghi gsgagg/DTl Commercial Retail Notes: Uwng Unit Eq hadil s we becuil lab by mu sbriirp the number of Net somas by 5.0 LIWng Unit Equivalents !ar mmmerciel or 3.0 Li,,fa Unit Coulveenb for indu9nal to arrive at thadhil narrow of Lying unit Equivalents. . upon gerLwnm a Me Project, Me subohicar nal gal Me appropriate sewer fanny chargepurauant to the 9mpu Tiered Equity Program (STEP) es determined by the Dedusa nl of Paul herbal westeweter Division, Environmental Snvlcm Seown daS-62f-5153). a Due at Building Permit. a Detamable Nmugh Fee Carmel Covenant. a Due at 5me of Fru Map. T Due at caNflrale of CemPancy. t Building areas to be calculated to the nearest square loot. TraXk Bill Fee Is subject 10 ohiew and conditions of approval Imm Transpomom I'll through the entillemeN herew Dowses based on Awnings Duty Trips M the Propaed Proper CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEMBERG5,20013 CONDITIONAL USE PERMIT APPLICATION No. C-07.308 BETWEEN WEST Anil AVENUE AND THE WEST GETTYSBURG AVENUE ALIGNMENT; AND, BET WEEN NORM BRYAN AND NORTH HAYES AVENUES PART A- PROJECT INFORMATION 1. Assessors Parcel NGlel: 512-070-01, g], 11, 19, 29, 32.39.49, 50 & 54 2. Saeet Location: hecaed between WeSt Asnan Avenue End The Wen Gnysburg Avenue Allgnmanq and, behasen Noah eryanand North Hayes AVOW US. (Council District 1, CGuncllmember%long) 3 Existing Zoning -R-111.)Ghlllce (Single Famlly Resldenda4U2an Growth Meragareal 'N deal ofzonlagl zone dishic; "R-2NGMIcz" lLow Density MulBpb Family AesitlenlielNMan G/oath ManagementlwlM Vendable of zoning) zone distant and, " INGNJce (Neighborhood Conn lel Shopping GantadUrban Growth ManegemanT/wiN conditions of zoning) mne Earl 4. Proposed Zoning "R-1NGM/cz (Single Family ResltlenlaUU2en Growth conditions ofzaniign zone disMn; ManegemenWAM 'R2NGtNrz"(LowDeesGreaven Ma �emetindwdh cendtonis of zoning) zone disarm; End, la "GINGNJcz' MBrklitale GNaighbood rowtn Menagamezoning) nVwlthcontldions of =ne dealiM 5. Planned Land Use: Density Residentialential all uncal M dium-Mgh (10338&8,15 Density Residum Neighborhood Commercial R. Plan Areas: West Area Communlry Plan T. Project Desedptiom Requests aubwrizatlon to AdAbilSh a private Ease[ planned Ictarea,lotWmensicn, buddingsetbackand oevetapmenty modified for lotsEMOsad to be created by Vesting lot GM Tentative Tea Map EB/U Cori of Approval CondRimW Use Permit Apd anon No. C -0T-306 November M. 2(08 Page 2 of 15 PART 8 - GENERAL CONDITIONS AND REQUIREMENTS Thal cation subjed toethe encbeae I s ment of conditions anti Earldinr on Nwormour 05, �BAaPP & "L" dateproved to d eCOMmPool r SO! wppi e 2008. Staff has determined that based upon t r avidence Ince recorEtatteprojerd proposal will rel have a significant Impact on the environment and roar to filing of is Mitigated Negative Dedarafion Is appropriate in acconal a rota to provisions cf CECA gedhon 2115T.5(a)(2) and COCA Dutifulness Section 15170(b)(1) and (2)1 and has prepared a Mitigated Negative Declaration finding for Environmental Assessment Application No. A-07-0841-0]-2WC-0]308T-5891. This environmental finding was Frcpedy published on March 13, 2000, and was approved by the Fresno CRY Counch on May20,2008. NofuMerenvironmentalassessrnentwlllbeneededat Mlsbmrr. IMPORTANT: PLEASE HEAD CAREFULLY Please note Mattis project may be subject to a variety of discretionaryoandibons of eppmv21 These include conditions based on adopted City plans and notable, those determined trough we plan review and environmental assessmenlessentialtomtlgata edvdrseeRectsoniha errvironment]ndudingihe height, safety, and welfare of Ne emm rnty, and recommended condition for devalDpment Mat are not essential to heap, safety, and welfare, but would on Me whole enhance Me project and berelationship lathe neigbbodrood and enNronment. Discrotonarycondlldaehepprwahmaybeapp8elad. Allcodaraeulmmenm.however,ammandatory and may only be modifi00 by variance. Provided the findings consent to Fresno Monday Code Section 12-005.4 can be made, All discretionary considers; of approval will uNmately be deemed mandatory unless appealed ether scrawly or in writing tothe City of Fresno Planning Commission lathe scheduled public bearing regarding Condlbnal Use Pefmll Appleston No. C-0730&nM Venfing Tenhdvelfrect Map No. T-5881AIGM. Approval of this spacial perms shell be considered null and void N the event of failure by Me applicant andror Me sutor¢ed monsoo allve, untitecl, engineer. or desigrterld headed and delineate ell facts and Information rhatng to to subject propeM and the propoeed ddvabpment including, but not limited M, Me following, 1. A[ ewsang and proposetl improvements Including but reallmned to bulldogs arq struiruras,sagas and a air Marand all"as,Mwall�nvewhich are IIncurs. rred on adjoin ng property and , and open And use may encroach oaw on the n to ect propct ro Pr gw subject property; 2. All public andprlvateeasements, nghta-of-waYandany actual or poRntal promenpom seasonal or uses of the subjectpropery; and 3. E adfog and proposed soled dittarantais between to soled property and adpintg Properly zoned or planned for will use. Conditions of Approval GanCnbrial Like Piano Application No. C-07 308 November 05,200S Page 3 of 15 Approval a this special permit may become null and void In the event Chet development Is not Completed in accoNarme with all the deal and requirements Imposed on INS spacial Normal me Zoning Ordinance, and all Public Works Standards and SpeaAcfldons. The Planning and Development Department shall net assume responsibility lar any dledons or omissions msulAngfrom the special Carl review process or for additional or aharadcns M ConstmNon plan not Caudal submitted and reviewed and approved puauant to this specie) permit or subsequent amendments or revlsinns. (Include this note n0 Me Sits plan.) No uses of land, buildings, or marineother Man an Mesa specglmlly approved pursuant to this site plan shall be pennMe . (Include Mis note on Me site plan) Transfick ful red line notes am n on the Original site plain exhibit to the final aid plan. CORRECTIONS SHALL INCLU ESAL-THOSE LISTED IN THIS DOCUMENTANDTHOSE LISTED IN THE CORRECTION UST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by Me special permit must be commenced by November 05, 2012 (four years from Me date of Dlreadr approval). There is no exception. To complete Me back heck precees fu building panaft baboetop a9andzonss federal copies of this amended, Hnai she plan, together ebvaued, lanto Ne PbnnngOviaion for final aview and aPPmVW,ton days before applying rbuilding cape, Add lindiffion plans, and any Gained Comments anchor stowd" Or ermis. Copies of this Mal approved she plan, elevations, landscape, and iingi plans stamped by Me Planning Division must be subrtituted for unstamped copies of Me same in each of Me sets of constrclion plans submiXed for plan check 23 to imams of bill Carl The final approved site plan must also include all mnections identified in the plan areas process. Be advised Mat on -sin Ins(MC60ns will not be authorized unless the floral stamped approved eha plan, aevations, lanai e, and hiferron plans are included in Me Plan check flue copy. %mss contact Will Tacked Of (559) 6214063 Or As &+nail al WIILTockett®lresno.gav to schedule an appointment for final sigeoH for building permits following your rewdid and subatitul Of Me four copies of the stamped, corrected, approved exhibge in the plan check seta. Nor QE 10 PROJECT APPLICANT In accordance wen Me pra"nons of Government Code Stolon 66020(d)((n), thee mposltlion of know cantknow dedication, reeenat0fe or exactions for MIS project are subecprotest rotesn h Me Ie pPi time of approval or campa al approval of the development or will 90 days attar Me data of no impoeltlon of the lees, detllcations, reservation or exactions Imposed on Me development pm)ea. Tried notice does duty teaapply to or, where. tip rmadenhislarmitionswrodectiOnotahli prevail was paNCusty required under Me provisions o Imposed and ode action; or, Government Code Section 66020(d)(1) in &Hast before January 1, 1997. rl� Conblrions of Approval Ctimiliona U50 Pem,if Pppl odi No. c-07 305 November 052W0 Page 4 or -5 PARTC- PUBLIC IMPROVEMENT REQUIREMENTS The following requlremerHs are based on city records and Me accuracy of Me existing and proposed on-site and off-site condNonsdapicted onto e%hibits submitted. Requirements notaddressed duet Omission or misrepresematicn of Information, for which Nis review process is dependent. WH be imposed whenever such cdndllans are disclosed Ouestic ns relating to debaserstreetlmprovemen d or Off-street parking pomebk5 may be directed tO Louise Gllio at (559) 62480181LouisaG'I' arlresn000v of the Cly of Frasno Public WONG Department, Engineering Cartoon. Traffic Section. 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS of Exhiat"A' Is required to Include all slreeNum'4ure, e.g.: publaiNypdes and boxes, guy wires, signs, fire hydrants, bus stop Peoples. =it boxes, news elands, trash receptacles. "swells Me. wiMln Me existing and proposed public right - hWay. b) Ricardo and identify a minimum four (4) foot wide pad of travel along Me addled sidewalk directly in front of a0 properties created Wlddn to suddMajoin as required by This 24 of the California Administration Code. An dee zbdre prePacssmen easement maybe raqulrad if The 24 requirementsmet al c) ENCROACHMENT PERMITS. The cdnswdtlon df any overhead. surface or subsurface pd vase structures antl ppudenances extending within fie pubic dgMa'Df-way a prohibited unless en encroachment permf k approved by Me City of Fresno Public WOMs Department, Engineering Division, Special Diatrlct4PrOt and Right of Wads Sadden ding (559) 821-0893. Encroachment Remains must be approved Mrs' t - o permits. in DEDICATIONS. The M udwing de paeans, requirements must be satisfied PS to the Issuance or building Permits: ions • Tentative place in with the It 5891MGM dated November 05, 2008. Approval of Vesting e) VACATIONS. The following vacation requirements must be sadsfiadrip_or W issuance of bulking permits: There are no vacations implied at this dme. 2. STREET IMPROVEMENTS a) All lmprow2menis Mall he constructed in accordance with the Standard Specifications and Standard Drawings of Me City of Fresno, Public Works Department or street constitution plans requiretl and approved by the CM Engineer. The performance of any wohl when de pubare street dghrsi (including pedeaUmin water and sewer bill easements) requires a Street Work Permit issued by the Pddlk WOMB Depammi Engireadng Carnivore of Approval ,andiron, use Permh Applicatwn No, GW Me Navamber052008 Page 5 0115 Services Division at (559) 621-6691 Prior to commencement of the work. Contact Me Public Works Department, Engineering Se bcas Saution at (559) 621 M86 tar detailed information. All rnuiredstreet improvements mustbe completed and acceptedbythe City for to occupancy. in Existing og�site concrete improvements to remain in place shall be remained If damagaedi and/or on grabs as determined by We Public Worts Depertmeot, Management DMslon (559) 621-5500. Such repairs must be completed Qng[ W final occupancy. cl Design and mnaW m all gutta( AC paving, and residential sideri Panama 10 Public Works starkaNs, specHicatiens, and ponies. PFansshollospreparedbyaregistered OMO Engineer, NOTE: Reference Condition M Approval for Vesting Tntev a Tract Map No. 5891AIGM, dated November 05,2008.1orre0ulam ants respecgve to major, local and interior private streets. d) Provide curb ramps at all corners within Me limits of Nle smidivel e) Gates are not allowed WE dila application. II gates may be desired in Me tuture, A redesign is required. f) Install atraatlights on all frontages W City Standards as determined by the City Traffic Dlirer. Simel approved by Pull Wants earnanlEnSmumug SaMces gito commencement Mewok edfin Me limits Of 9) Underground 10111 Section 8-601 andrhead ResolutioMeWis site as per FMC nNo. 7 8 5 22186-2 29 h) Small Ira" shall be Planted every 60 feet on center. Plans shall be. Prepared by a landscape vchibi 1) Submit four copies of a Geometric Approval Drawing( (GAD)micaTraffof a is Enp ineering for review and approval, per fie abached arreckliet, prior j) Submit Ns fallowing as a single package W Me Pubo Wars Department Engineering Divlslcn, Plan Check and GIS Mapping Section, (550) 621-0682, for review and approval, anor to Issuance of building and Street Lighting Plans and Landscape e d I n9adoon Pins. S9ning ntl Striping Plans, 9 9 SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey mnunants wltMm to area ot construction shall be preserved and If disturi shall be reset by a person licensed W pmdw Ladd Surveying In to State of Caldonla. (Include Nk note on the sae plan ) Conditions of ApPmwl Covoraral has Permit ApFAiwtlon No. C -0] -WB November 05. 2008 Page a of 1s PART D- PLANNING2ONIN0 REQUIREMENTS 1) PLANNING aJ Oevelop^ISinil subjdcl tRosde id Dri plansand po02-21 Single oway reslCentlal Olsldal (Seaton 1on 12-21 tithe FMC) li) "R-I." fro ressway Area Overlayenter Cannot ot Ovation 12 of17 FMC) I(r)-UGM - Urban Conlon shopping Center 4.5 of Moss ( Semon12.21]of FMC) v)-/cz.-Condlbons of Zoning(Srof 12-02-E of and FMC)) vu 2025 Fresno General Plan Vii) Wast Area Community Plan 2) ZCNt1i s) Rezone APPliaalion No. R-07-(129 and VasNg TenrePmveI W Tentative Map No. 5301NGM 3) POP uATION DENSITY a) Contingent upon approval of Rezone Appliastion No. R-07-29 and Na aondltlons m zoning placed an the aubiact proPamy andtlte medivand tlg�Mgh dend in ttNp cewab ial planned Vesting land use d ssigneTa., the solvda property s Tentative Tinct Map No. 5391NGM dated Course 30, 2008 and Ermibi -K of Condit nal Use permit Application No. C 0l dated October 30, 2003. p Eased upon the number of dwelling and diallowed per= to, respective to no medium density (4.9&10.37 caudal and medium -Nigh density (t0 33-18.15 dldsare) residential Planned land use designations, and based upon Tie o s� Tut24 tat sejantl f the subject property designated for medium denahy (approxiy density (approximately 22.55 Bores) residential development, the subject Property is required to ttied win between 714 and 1 407 General plan and FMC. unds to meet to tlommy requ remen Of the NOTE: AS No subject tentative map was accepted for processing on October 23,2007, " wh'ICh was prior to To "Crop-downProvision ca anne of Conclude 31, 2007. 1118 proposed overall density of 5.45 Two ling unde/acre (848 dwelling units) for Vestg Tentative Treat Map No. S p INGM they be found to be component with the 200 Fortune Cenral Plan and Wasr aC mmunity Plan(Nduamto Section 12-003-13-2- 6(1) of no FMC, which was In effect prior to Ocandr3l, 2007). p) A subsequent entitlement will be required In order to revise me current development proposal orauthonzean altemall development schemeforthe subject propertyu reviewmay also be may be rop�for any fuNm revisions dependent upon no CoMlrmrrs of Approval Condsonal Use Panni Application No. C47-308 November 05 2008 Page t of 15 4) BUILDING HEIGHT a) No building or am,rero erected in TO R-1(Smgls Family Residenda9 sure fiscal shall haves height greater 35 feet b) No building or eirurure shored In the R-2 (Low Density Multiple Family Residenliat) mine distinct shall have a height greater Nan 35 feet. c) All accessory buildings on Ne subject property, or lots proposed to be created by Vesting Tentative Tract Map No. 58911UGM dated October 30, 2808 shell mmplywlN the requirements and provisions of Ne development standards of to FMC forme respective wine clamb1 and Eacron 12-306 N -t (Accessory Buildings) of rho FMC. • NOTE: Exceptions. Ovemeight structures may be approved by the City r Fresno Planning Commission or Dlreror of the Planting and Development Deparlmem. However, no roof structure orany space all iia helghtllm0 shall he allowed fort" purpose olproviding aee'rna l living orHoor space. 5) BULDING ANg yAgp SETBACKS AND SPACES BETWEEN BUILDINGS Setbacks shall be provided b accordance with Exhlbib W of Condd onal Use Permit Appllcetion No. G07-308 dated October 30, 2008. a) No mein building shall M erected within 15 feet of the Berl Gas end Electric Company (PG&E) transmission tine easement except as may be perrnilsd In accordance with Me fallowing: i) Lob 5& 543 of Vesting TarraWeTinct Mop No. 5691NGM dated Ohober3, 2008 shall poons Worried e main dwelling g wi luced mare not dede from emed ro be Tabitable" ININ slos" (0-tranamission line easement 9r attached garage areas). NOTE: In no cirourrai shat anypomon of to mein buildings. which are proposed to be developed on the abpvereferenced lots, be allowed to be located within 10 feat of To PG&E transmission line easement • NOTE: The 15 -foot building sell requirement from the PG&E tommisslpn line easement was eslahished besed upon Ne retention of a minimum 504oat building setback from To centemoa 01 1118 existing and prential tuti transmission line motors located wittttMe assament(ad ing centomne located 35 faetfr himnearest baou da ry of easement) pursuant to Ne pNdenl Avoidance" strategy pre b Y the Cry of Fresno. b) In accordance with Poiry W -Ba of To West Ara Community Plan, a minimum 20 foot rear Who building salback shall be provided far Ldta 109-116. & 474-477 at Vesting Tentative Tract Map No. 5891IUGM dated Otbbar 30, 2000 I) Aiematrvely, for she le story stm hares, encroachments into Ne 201 building Conditions of Approval Conditional use Permit AppbO ion no. C-nr-o november os, 2008 Pape B of 15 setback may be pennn[ed sub)ed N approval by Na Planning and 0evelopmenl Oeparlment,, end, entifirst i0 Anamtiv.jy, fornmorWo.alory slmdures onith no reaNacing vindows abovendows floor, or for Nos potions of two -Story d stmutes whiGl have no rear -facing a ovatheaRtf alb noplanning and Oe 2e foo dib tldngf etkmeybepartnine0 subject pprov v The garage setback for Lots 245-248 may be reduced aloacccommodatethe Neee9fed ns all notiorequired under ml a section. However, Pengepool 01 less is provided. than drone shall be no parking allowed on Na drlveway. NOTE, A portion of Gdbt Al" of Vesting Tenedve Tact Map No. W91 MGM, dated Golober 30. 203, which is adjacem to the alley may be UNIDO los parallel paring della to pmvlde additional panting N Les 245-248. For Nis pu p ll a moral exhibit (to Conditional Use Permit Application No. 0117-308) Which includes detalled owning geomdrio r she be submitted for reviex and approval by drop Planningane Oevelopmenf and PublicWoks Departments. A landscapetlbulb-out shall ba provided between Faire d paRllel paring stalls proNded f or this purpose In orderto maintain a au6cietendsape bufferalong Manor properliredO nn WP(i.e.. two adjacent paRllel sous,bulb-od for landscaping. two adjamt pool sells, bulb -3d for landscaping, etc.). All required emagency veNtle clearences shall ba maintained. of only singla-slory snudurs shall be allowed on Lots 481,485,533& fi34 of Voting Tetative Tract Map No,5881IUGMdared Oaober3o,20oBexcepbngu=msenceainwo haM fWt building setback may be provided loins main building from pmerhydIn a which abut adjacent NRI reopened d to; baboo en one -hell and sob acres In sin and developed wort at least One dwelling unit. llined Exhibit `A0 of of UUse permitt AAppltbation Na C-0P30li dated Oram pro bulldling l 30.040013 requlrs a ravafon or Comfinoral Use permit Application No. C37-308. G) Spaces between buildings shall to provided in accondal with Ne approvaobulldkgrietbacka and building envelopes fon individual gropers respecMe to Exhibb; •A• of Conditional Use porn Application No. C 07-303 dated Gdpber 30, 2003. liancO B Ne UGHad structures are repncae Suilong COEaifin Na event to he ores do not mmpyMay mum be moddled0so as to mert Na requirement 6) LOT COVERAGE a) Lot aovereg, shall be Permitted N atxondenoeoNonvaloNe appnwetlbwkdn9 setbeticsantl buMNg pes for individual }308 dated l re2008, se,weExotbds A of Conditional Use Perot Appllc Occur. am Or approval Occasional use Persia Application No. C-07-303 November 05 20D0 Page s of 15 n OPEN SPACES AND LANDSCAPING a) The subdivider shall provide and maintain all landscaping (and irngation symama) in arco monce wit the Cool Incas of Approval of Vesting Temalive Tract Map No. 5891NUM tleted November 05, 2008. i) A kndscapa plan shall be submitted and approved for all open space and recreatbaal areas wither Ne development. • NOTE'Open space areas shall be landscaped byline developerin acordancewith to approved pian and shall mereaher de monument by the property oederlsubaivldec or, in a manner which p•ovides appropriate saurhy and Is deemed acceptable to both Me City. of Fresno Planning and Development and Public Warks oepamnents. b) AMinimum of 25 percent atm a total area 0l ad residential ]am proposed to be created eight lot areas of less man 3,500 square feet In area shall cornpdse and be developed (within Me boundary of me subdiviseon) with usable open space for residenk of me development. NOTE: Required front yards and sheet side yards shall not be considered pan of no 25 percent usable open space. Usable open spars small Include real yardsInterior each of side yardsare and landscaped as between units and pathways. Provided them meek Me minimum width and deem requirements (eight feet by eight feet). Usable open space shall also Iodude private pascal and balconies. Driveway and parking areas, Indoor IMng alea6 of dwelling units, garages, carports, equipment buildings used nance ad L velopment Shell not be consother i tleredas pad Of the ueeble open spacor to ema s. it amendrareaofe0 resocho nlog.which are pimposedto be mated with lot areeeofloss Man 3,W0 square feet In area Is greater than one sue In Sri then a minimum of 40 percent of the required 25 percent usable open space shall be developed pool gar Omer murk, re turfed play fields, hard surfaced game creatbn rooms, Swimming feaNres designed!ort a exclusive save rareallonal use of resedi of Me davebpment. an All yards including private) and areae designated far open space purposes shall be uncensored and maintained in accordance with Grroar s 12306-14.24 of Me FMC. I) All yards adjacent to street formal shall be prover automam initiation systems. d) All vaNs(including private) and areas designated open spae purposes shall compli lm the water efficient landscape statlaNs In accordance who Section 12-306lubli of Me FMC. e) Landscaping adjacent to walls or fences shall comply with Me Oity of Fresno "And -Griffin LartOscaped Buffer Development and Plerang Standards' if Provide a minimum of 1,296 medium slated trees on Shia per FMC deal 12-tt)(i 24g and in accordance with Me following'. I) Provide a minimum of one medium size 000 for seen requaed parking space, plus ore Constants of AyprDval 0cromonal Use Permit Application No. G4)7 of November 05. 2008 Page 10 of 15 medium sized area for each Mira nlial unit. • NOTE: One medium size tree is defined as spending a height of 30.80 feet atmatudty. Two amsll whatrece up to 30 feet high atmatudty may beeubsMutmd tor0ne medium size tree. ti) 50 percent shading shall be provided for a0 paved alleyway surfaces proposed withinthe subdivision. Shading maybe accomplished throughme provision and planting Of"" on residential lots (or Cuticle designated for open space purposes) within 10 feet 01 the respectve sleyway section. NOTE: At a minimum, one has shall be provided for, or planted an every other residential lot that Is proposed M ba created In the subdivision who alleyway frontage. in this to provide a continuous and untrade shall arm shade coveon r for a proposed tleposite sides of the ltway, order rOldmal 15- ") 20last in heightat matndscape screen urity) comprisedof be pate i along to wast property line smile sized trees lettering a height Of �oss 286, 287& 298 of Vestlng Tentative Tract Map No. 5891 dated Cooper 311, 20061n order to sheen second all windows from adjacent roto bestial Prei W) Alarmamapesamen eompdsed of a heavily planted combination M shmbs andmies shall be planted aklng the non property line t Outon "AP & "BS' in order to Provide a backdrop• or buffer between areas planned for commercial and residential uses. if No building permit shall be issued for any development for which a spatial permit has been issued soft Me requirements ter 11 of to FMC have been et and shat top lose paid treet trees as 1pdubm � b Mein Attlee 3 oMasferFee Schedule. I) Fresno Municipal Code requires one (1)Smat tree par 80 linear feet of amen frontage. NOTE: The Department Pubic Works may approve a request for lower of street has Wrilrements 6 the applicant agrees to plant a minimum of one (t) time tot similar type and alas) for every 60 linear tat of street frontage on private property wiTln ten feat o to back of Me sidewtk. • NOTE: An apartment andscapa than. propedy scaled and dimensi0nEd shall serve as a streattree planting permittoron-site tees not In Me public ngMolway. A copyof Ws plan shall be kept at Me lob site at all Ill owner and chat be Me City pursuant h) topow mess Me payment of s eatsea ianted r peMe ctonnfee& The Pma rity owners iequred to prom'de and payment trrigatlpn system with ongoing water supply. If one drainage hole, a minimum diameter of not (2) feet shall be drilled lot each tree b be Planted. The depth of Me drainage hole shall he determined as follows: p Hole must penetota Mough and beyond any underlying paving material or hardpan sol Condhklw W Approval Cantlitional Use Permit Application No. C-07300 November 05. rude Page 11 of 15 stratum. 11) Hole shag be dMled to a depth where vbual evidence of the subsurface send or gravel drainage is apparent III) if there is no apparent drainage stratum, the drainage hole sM1Sll be drueb aminimum often (10)feet deep. The backfilling of drainage holes shall comply with the Standee Spedficetlons or as determined bythe engineer. i) complete a minimum waitlng period of 20 days atera ling hetore any planting can begin. Gall (550) 621-55001c notity Me Public Worse Department Construction MenagirmentCNkion 72 hours prior to tree tote ddllingltee planting in the publk nghtof-way, In order to verity tea locatiorrs, be obtain Inspection of drilling operalions, and M check b IFFOIJ bng Procedures and safety barriers. m) All planting, irrigation and related wont shell comply whh Me CIty esno of FrPublic Works Deparhnent Standard Specifications, Section 25 ant 26. n) All landscaping and related were to be performed will Ne city right-ofway shall be done by qualified conbactor and requires a street encroachment Penna form the Public WOFks Depamment poor to mmmencemant. Cell (SU) 621-6665 for Mfoonation on encroachment parmias and required Insurance and tonal o) Treasshallhamaintmerdingoodheeth. Trees Maynotbeldmmedorpmnedtoredumthe natural height or overall crown of the tree, except as nemssaryfor the health of to tree and Qmlude ri 01 notes may other Ise 0eapprovedb in Pilning and DevelopmentDeparment. plan P) All vegetation shall be maintained free of physical damage or injury from lack of water. dialects chemical Familiar or other toxic chemical, blight, or discussand any such vegetation which shows signs of such hall substitute vegetation of a her,, Foror m, and characteury at anytimer, whichsreduced wbe comparable at full graver q) Landscaping shall be kept free From weeds and unbearable grasses. 0 Submit copies of landscaping and Imgatlon plans prepared by a IarMevard professional, showing the number and types of trees, to he Planning Divaslon. These plans must be reviewed and approved mor to obtaining building Permits. s) "a caping must be N place before issuance of the mmfxate tit pmupnoy for each individual dwelling. I) A Hold on Occupancy shall be pieced on the proposed development Utah such time that ;andscaping has been approved and verifiedticer rinstalbaGonbyber Planning Dlrsdi (Include Nis mine on the she and landscape plans.) Conbifons of Approval t , C-0'/-900 Conditional Uae Per Application Na November 05. 2000 Page 12 Of 15 NOTE: The holo on occupancy maybe released at the chaddr tion of the Planning and • Development Department to sublaOWIY accommodate Inappropriateplanting conditions which are outside of he ontho of Me vider conditions which may be pmFi tiive to planting inda III antl appropriate manner, etc.). • NOTE Thew f FMCSforw1��a8110.12etsap.ybealloesdbythe Bin'd'le pursuantto t) Pnortogranbngoffinaloccupancgawdaenc ffiatlbn, signed by alandscape Professional approved by Xie Planning and Development Department DheMr, shall be submitted stating that me requlmd landscaping and Initial system have been instilled In accordance with the landscapingandI"Iffil n plans approved byte Planning Dalston. (include this note on the silo and landscape plans.) B) FENCES EDGES NDWALI a) Fences, hedges and was shall be provided In accordance with the Conditions of Approval of VesEng Tentative Tract Map No. 5891NGM batel November 05, 2800 and the specific landscape requirements contained herein. b) All fences, hedges and walls shall conform to Me proarzions 2f Section 1230l of the FMC except as may be modified bereih. p) ChuUse Formal ApPfict �tionNO C-0]-300'ences, hedges add walls on Estlims A' of Conditions NOW "to prepasedaWslin9 ferlhedges and walls must comply wand all policies, ordinances. P gUlarfmcr etc. ofthe City of Fresno, Planning antl Development Deparu2ent. d) Only those telcos, hedges and walls asahbwnon me site plan shall be redewedfbrapproval. e) Submit a renderingtlrecting the fence, hedge or wall height, material, I00I mc. far review and approval. fl All future. proposed talose, hedges and wells, eta, shall be revlewad and approved 2121 to Installation bythe Cly of Fresno. Planning and Development Departmem (IrlpludetM1isnoleon Te site plan.) Ili Temporary faeces to secure projects under corwtmmlon are allowed Any temporary fence shall be adequately secured and Cone rtmad to prevent aveduming due to wind, vandalism, andlor cesuat contact by Ne general public. The construction shall be performed Ind such a manner as to minimize any potential safety hazard, Which may boom, as a result of er fence Installation or tlamal 10 the fence. 9) ACCESgi a) Thera shall bavehlcular end PBdestnen access from a dedicated and improved street mayor Condone of Approval Condmonal Use Penna Australian No. C-07 We November os, 20gB Page 13 of 15 recorded private access b off -mer parndrg facilities. b) Vehicular ancArrpedesttian access shall be malntainetl and remain clear at all times. rral Use Pena c) Prichnialvehiculler among ped�oan=o� as noted on Eadiftbits'A40f Application No!07--3obtleted October 302008 and as indicatedparCorlFdonso of App awfor Vesting Tentative Tract Map No. T-5891/UGM dated November 05, 2008. i) deposition wetkways and handicap access Stat be cleedy delineated onto site plan. 1070E 000RADVER SNGANDMApH TING a) Flags, banners, lampposts, monument graphics, identification signs and kipsallbe ll be permitted In accordance wan ithe proposed Thematic Proposal for Treat 5891, which approved by the Planning end Devebpment prior to constawrial or installath ns. 11)BUI12nQ ELEVATIONS a) All residential dwellings in Me pial l planned development shall b sublect to review and approval by to Planning and Development Department in accordance with Mese candidate b7 Clearly identify all contlensing units, Sir conddianing and heating units on the she and alevadon n, Foof mounted chanical p public fight-Of-way(ortoe ward street) orshell be pined oo4ament Shall do wn sMe ground outside di Me required yards. C) Pursuant m PMlcy numbers C -20d, C -21-e, 021-0 and C 21-c of ibe 2025 Fresno General Plan, of proposed buildings shall include dealgn features and discontents accountants. Visible sides of buildings shall not be developed WIT featureless 'bal wads. Thk may be acdomphiced by varying the building footprint winIn lantafione, projectors, offset, different builmngrood k, or adding polyioam withastuccofinish toaddvisualImmM and to break up ono mtonous walk. submit elevations Inclusive M modificafnns for review end approved. I) semntl<tery, windows should be edlrenb. WMtdaeextent ck end ltheal seaway Mang shot be singleartary recall l uses; or, ores. prowb M itlprotan Me privacy of adjacent props 1) Roofing material shall consecof: arc"enutelgmdecom fflonroofr amMeWd Me manufacturer for at least 20 yearm; archlleouralyrade mew and coatebrontant r -glare ve metal roofing productsday Via treated wood shakars; �l de all eRal boom Shia andeaingo ad�rawe ll lots w�Mln Ma sub(wmdh bierskin which lumM onto andagain access lot ss froma street. Iv7 Where proposed attic vents shall be decorate, consisrent WIT Me style and character of each home. Landioms or Approval ConoNonel Use Permit AppGauon No. Co7oW November 05, 2008 page 14 of 16 PART E -CT AND OTHER SERVf0E8 TR NSPORTA ION?RAFPC PoMMIMIG REQUIREMENTS a Comply wilt all nNesdatd requirements 1 2000 and Se tambare attaorded Public ords t],2008 and any, requitemema notineering ed memorandums dated Month ll, P nater on Exh3ifa'A; tlafetl October30, 2008. CO ECTION It, Comply with all Of Me requirements of Ne avached Department of Public Unitas, Solid Waste Management memorandum rated September 10, 2008. FIRE PROTECT ON REQUIREMENTS c. Comply wen all of Ne requimmems M Ne attached 04 of Fresno Fire Department memorandum Model Septamher 16, 2008' STREET TREES BUFFER p4PaW V ANDMEDA SLAND LANDSCAPI d comply W, of Me etl Decemtsmen 2 Me atflrh ted Department of Proud Works DNislon rea mar 07. _QOD CONTROL REQUIREMENTS a. Cmplywithallof VO requlmmeres offhe shourretl Fresno Metropolitan Flood Control Dlafnpt memorandum dated May 29, 2008. PUBLIC L ITIES EQUREMENTS oor dissfulars, f. Comply lh all ome g OMson memorandums muirements s tletedjMe a uary 0red 2. 2008 andom, of POctober 13,20008 ng and STATE QF CALIFORNIA DE A TM TOE TRANSPO TATON (GALTRANS) g. The California DepammenlofT2nspOhaflw(Celhare),Ootricl B, OMice of lntergovemnenfal Relations has submitter Ne Misused d comm rearea atl APrI104, 2008,indicatlnlZMaIttlPes Is erdel this proposed development willherselt State transpmrahon factional. Tshrefore CoAl aree5111,090Is askingt Nis proposed development contribute ifs deal Propo mitigate for impacts to these lacilNes, CIFCGAS PND FCTRICCOMPANY h, Ardechad for put cords and1200]. consideration is lire Pacific Gas and Electric Company memorandum tlafetl Conditions Of Approval Corafrenal use Permit Apaarcon No. C-07 308 November 05, 2008 Page 150115 �UNTYQFFRBSNQDEPARTMENT OF COMMUNITY HEALTH 1. The Department Community Health memorendum dated Dicemberly arm all Of the cl4ffil of Fresno DEPARTMENT OF TOXIC SUBSTNOES CONTROL l Attached CmorntlmdatedJnuary OT, comedreadon is the Sudge of California DepaNnn[of Toxic Substances M liti SCHOOL FEES 0 Comply with all at rile requirements of Me attached Cerroal Unified Schnl Dedri1 memorandum dated January 23, 2008. PART F -MISCELLANEOUS Approval of this she plan is contingent upon fie submittal of conehild site pins showing all existing/prop lmd On conditions as reflected on be exhlbils and Me following: I Include a color and mutual schedule on He site plan, ae well as on Me elavatlns, for the reason of all buildings and structures (photographs may be submNed for dewrngs). 2) if archaeological anElor nimal fossil Mears is encountered tluring project survaylrig, getting, excavating, or conearuc119n, work shall stop Immediately. 3) It there are Sassari human remains, the FrenoCounty Cornershri be immed'alalycntaaed. It the remains an other archaeological malarial is possibly Native American In Pride, Me Native American Heritage Commission (Phone: 916/5534982) shall be immediately contacted, and the Cellfomis Archaeological InventoillSouthem San Joaquin valley Information Center (Phone: B0515AI-2289) Mal be consisted to obUln a referralL1oe srte shall formallyim, AM Ned archaeological assessment shall be conducted for he Protect. - yracO and recommendations made to Me City as to any funny she Investigation or srte avoitlancrepreservadon. 4) If nimal fossils are uncoveretl. Me Museum of Preonblogy, U.C. Berkeley shall on, contacted to obtain a referral list of recognized paleonfolWismi. A PalaontOloglr all conduct n entreatment are if the paleonaolog'ret dreaminess Me material to be significant, It shall be preserved. All discretionary conditions of approval will ulfiess aty ba deemed mandatary unless appealed In writing to the Planning and Cevelopmerd Ceparhoant Director well 15 days. cry of Ep w rflrvwwl DATE: September 17, 2008 (51" Submittal) TO: WillTai Planner 111 Development Department, Planning Divisio0 THROUGH: Bryan D. Jonas, T.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM, Louise Gild, Tragic Planning Supernsor \\�� Public Works Department, Engineering Dlvisio SUBJECT: Public Works Conditions of Approval TT 5891/CHIII (Bryan, Hayes, Geffyrrurg and Ashton) McCaffrey Group/ Provost 8 Prichard Engineering Group The Public Works Department, Traffic Planning Section, has completed Its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Warks Department. General Conditions: 1. Curb Ramps: Provide curb ramps at all tamers within to limits of this subdivision. 2. Pedestrian Easements: Identify all pedestrian easements on the map. Major Streets: A2dedication for a pedestrian easement is required (See Exhibit "l)") IS, Local Streets: Private -3. Overhead Utilities: Underground all existing offsite overhead udlitles with the limits of this map In accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 7&522/88-229. •4. Design local sheets with a minimum of 2Wradius. r5. Local street lengths exceeding 600' and four way intersections require traffic calming measures. Bulb -outs approved by Traffic Engineer 9-11-08. • 6. Garage setback Provide SP from the garage to the back of walk. A minimum of 18' is allowed with a roll -up door, 7. Dea kf nd Streets: Any temporary dead-end sheets created by this subdivision shell be properly barricaded in accordance with the Public Works Standard P-9<. 8, Outlets: It the Subdivider seeks to dedicate to the City. in fee, an outlot for open space purposes, subdivider shall pay all costs and fees associated with the City environmentally assessing the outlet to Insure that it Is free of toxic or hazardous materials pursuant to me requirements of CIry Administrative Order 8-1, including, but not limited to, performing a Phase I environmental assessment. The environmental assessment shall be completed and all fees and costs for said environmental assessment shall be paid to the City prior to Subdiivider's submittal of the Fuel Map for City approval. 9. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Sniping. The Developer Is responsible to relocate all obstructions, e.g. poles, fencing, mailboxes, etc. and make adjustments as necessary, within the area of construction. Page 1 of 6 TIWAFFIe ENGINEEHINGiraXR FYlwnsapCl Mapv!CONOFICNS of APPROVAL one TeAeT NAPS MT 5891 an ale GETSBURG HAYE5&A SHLAMT 5891511111inNY BRYAN GETh59OHa HAYES 6 ASHlAN4n 10. Private Irrigation PIPE: If not abandoned, the developer shall enter Into an agreement with owner of the private canal providing for piping the canal and submit an executed copy of the agreement or commitment letter from the owner of fire private canal to the Planning and Development Department All piping shall be located outside d the proposed ithent- hl Of way Any piping across city streets shall be rubber guessed reinforced concrete pipe (Fain-) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for renew and approval. Identify the tl easement and Provide final cross sectional dalall on the map. 11. Identify City and County limits. Frontage Improvement Requirements: Major Streets: Bryan Avenue, Collector 1. Dedicate 4T-55' W property, from center line, for public street purposes within the limits of this Subdivision to meet the current City of Fresno Collector Standards. Match up with approved plans from Blair Church and Flynn. A 1T offset from section line was usad. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential f ahem. Construct a E residential sidewalk per Exhibit -D". A 2' Pedesidan Easement is required. Identify on the map. 3. Bike Pedestrian Equestrian Trul/Path: The Planning Department has determined that the bike portion of the hail Is to remain in the street. SMpe and sign to City Standartls. Dedicate a 15' (minimum) easement for Landscape and Pedestrian purposes only to provide for an 6' planter, 8' sidewalk and IF landscape. 4. Construct an 80' bus bay curb and gutter at the northeast comer of Bryan and Ashlan to Public Works Standard P-73, complete with a Io monolithic sidewalk. 5. Construct 20' of permanent Saving(measured from face of curb) within the limits 0this sub- division. 6. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall comorm to Public Works Standard E-5 for Collector Streets. 7. Relinquish direct vehicular access rights to Bryan Avenue from all lots: excluding outlets to be used for ingresstegress purposes, within this subtlivision. Gehvsbum Avenue: Collecmr 1. obtain and dedicate CT -55' of property an the south side and 1T of property on the north side, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 9Pbp}Lb We per City Engineer 2. Construct concrete curb, gutter and sidewalk to Public Warks Standard PS. The curb shall be constructed to a l O'residential pattem. Construct an 8residennal sidewalk per item number below to meet the Gettysburg trail requirement. A15' Landscape and Pedestrian Easement is required identify on the map. 3. Bike Pedestrian Emestarran Tra VPaN (Alternate): This Department does not support the equestrian component of the trail due to health and safety SiIThe Planning Department has determined that the bike portion of the trail is to remain in the street. Stripe and sign to City Standartls. Dedicate a 15' (minimum) easement for Landscape and Pedestrian purposes Page 2 of 6 ENGINEERMITI huprCONOTIONS OF APFRVAL FR TRAM GETTYSBURGHAYES A ASHLPx OkIAhN IWBPVANGETLvi HAYES6 ASH LAN poceSSaW.i-59Pr BRYAN only to provide for an e' planter, 6' sidewalk and 9' landscape. An additional 12' dedication is required for the equestrian portion, it required Contact Planning and Development 4. Construct an 80' bus bay curb and gutter at the southeast corner Of Gettysburg and Bryan to Public Works Standard P-73, complete with a to' monolithic sidewalk. 5. Construct 20of permanent paring on the south side (measured from face of curb) and 17' of permanent paving an the north side, within the limits of this subdivision. 6. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 7. Relinquish direct vehicular access rights to Gettysburg Avenue from all lots: excluding outlets to be used for mgresstegress purposes, within this subdivision. B. Oudot 6. Dedicate a pedestrian easement to and construct a sidewalk around the existing electrical tower. Haves Avenue: Collector 1. Dedicate 47F-56' of property, from section line, far public sheet purposes Within the limits of this subdivision t0 meat the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk t0 Public Works Standard P-5. The cub shall be constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Exhibit "0". A2' Pedestrian Easement is required Identify on the map. 3. Construct an 50' bus bay cut and gutter at rhe southwest comer of Hayes and Centel to Public Works Standard III complete with a 1D' monolithic sidewalk. 4. Construct 20' of permanent paving (measured from face of cut) within the limits of this sub- division. S. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall mnforn to Public Works Standard E-8 for Collector Streets. 6. Relinquish direct vehicular access rights to Hayes Avenue from all lots; excluding outlets to be used for Ingresslegress purposes, within this subdivision. Ashlan Avenue: Arterial 1. Dedicate Sel of property , from center line, for public street purposes within Ne limits of this subdivision f0 meet the City of Fresno's Arterial Standards. Match up with approved plans from Blair Church and Flynn. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct a 6' handenTal sidewalk per Exhibit "13". A2' Pedestrian Easement is required Identify on the map. 3. Construct 20' of permanent paving within the limits of this subthvision. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of thesubdivision. Spacing and design shall conform to Public Works Standard E4 for Arterial Streets. 5. Relinquish direct vehicular access rights to Ashlan Avenue from all lots: excluding outlets to be used for'mgressregress purposes. Within this Subdivision. Page 3 of 6 T1TRAF PIC SNf.MEEPINFAH,i PlannlneTrart FAWCONOmCNS OF APPROVAL FOR TRACT MAPS 6ROMT5991 BRYAN GETTV.SGIIPG HAVES a ASHLANI No 51 Ali BnVAN GE71A590RG NAVES kASHLPN.SIDE Interior Local Collector Israeli: Private Design and construct me fallowing streets to local collector standards: Mases, Swift, Willis, Create and the alley adjacent to lot 409. (Locations may change due to the many revisions.) The proposed street design shall be approved by the Public Works Department. Interior Streets: Private 1. Construct sidewalks on both sides of the private streets In accordance with me 2025 General Plan, page 69; section E4 j. Sitlewalks to meet current ADA standards.. Contact Building and Safety. 2. Maintain the minimum clearances, as directed by Fire and Solid Waste Departments. Interior Affairs: Private Alleys shall be constructed per Public Works Standard API47. Bull Mitigation Regulremems: This tract will generate 466 a.m. /855 p.m. peak hour residential trips; therefore. a Traffic Impact Study (TIS) Is required and has been submitted. Comply with the output measure requirements of the Traffic Engineering Manager in the attached letter doled 0&11- O6, 1. The intersection of a. ASMan and the 1/8 mile point east 0 Bryan Avenue shall be designed such that me median island will allow for westbound to eastbound u -turns. b. Ashlan and Cresta / Adisan Parkway shell be designed with a full median opening to allow for telt turnshir and left to irl The Intersection may nett to be signalized upon further review of the CUP/SPR for the commercial portion. 2. The first order of work shall include a minimum of two points of vehicular access to the major streets for anv phase of this development. 3. Backing onto a major street is prohibited. Identify the proposed ingress I egress locations for all buildings to remain on the following APNgu; Brvan Avenue: 512-070-16, 35, 47 Haves Avenue: 311-070-29, 32 25, 45. 53, 20, 21. 51, 10 11, 44 and 311 050-06 ASMan Avenue:311-07049, 40, 43, 27 Construct circular or hammerhead driveways, where not existing and construct concrete driveway approaches to Public Works Standards PA and P4. 4 Relinquish vehicular access rights to the proposed outlot adjacent to lot 1. 5. Remove the structural section from the tentative map and provide on the street ronsbucdom plans for review and approval. 6. The commercial portion of this map, lots 649-652. shall require a site plan I conditional use permit, with detailed plans and potentially a TIS or site access evaluation to determine adtll8onal traffic mitigation measures and conditions of approval. 7. Costa Artisan Parkway: 45 degree two-way parking is shown which would require a minimum of 62from lip of car to tip of car. Widths vary based upon the angle. S. The proposed project shall make full improvements Including a walkable path across remainder tots or lots that create a bottleneck (even 6 not included with this map) as a result of this tract map along project frontage or connecting project frontage on Astifan Avenue, Hayes Avenue, Gettysburg Avenue, and Bryan Avenue. 9. The proposed project shall provide pedestriansidewalk access to the nearby Central Unified Schools from all outlets of this tract on Bryan Avenue. Gettysburg Avenue, Ashton Avenue, and Page 4 of 3 TITRI ENGINEER I NGRmXIc PiarN.An Nin NvNIONemdNS GF APPROVAL FOR ml ggGSSKONT3091 BRYAN GETLY5aURG HAYEea NSHLAN\T5e9r SN meminal BRYAN GETTYSeGRG HAYES aPSHI Am Hayes Avenue. The roadways shall also be built to accommodate bike lanes even though may may not be allowed to be installed (striped and signed) until the opposite side of Are street In the County has a bike lane installed. Traffic Signal Mitigation Impact CII Fee, This project shall pay the current Traffic Signal Mitigation Impact Fee H SMI Fee) at the time of building permit based on the trip generation ratels) as set form in the latest edition of the HT Generation Manual for single family units (tee rate as shown in the Master Fee Schedule). 1, At the intersection Bryan Avenue/Ashlan Avenue the project shall install all -way slop signs at this Intersection. The project shall provitle safety lighting on the northeast and northwest corners for a future signal. 2. The following Intersections shall be signalized to the City of Fresno Standards, complete with left turn phasing, actuation and signal preemption. This work is eligible for reimbursement anclor credit against Traffic Signal Mitigation Impact Fees' a. Hayes /Asman b. Hayes/Gettysburg c. Bryan/Gettysburg d. Ashton / Polk e. Bryan / Swift (not reimbursable) I. Ashton / Cresta / Amgen Parkway (pending further review and approval of a detailed commercial CUP/SPR, not reimbursable.) This Map is In the New Growth Anse; therefore pay all applicable growth area fees and GAY -wide regional street impact lees. When construction occurs adjacent to the County of Fresno, comply with the Standard County Considers of Approval Attachment W. Additional right of way may be required for driving sight distances, elks lanes. etc. Bryan Avenue; Collector 1. Dedicate and construct (4) 12' travel lanes with 5' shoulders and a 12' cemer Mid -way left turn lane within the limits of this subdivision and cominue north to Shaw. Stdpe250' left tum pockets at all major intersections. Dedication shall be sufficient to accommodate adQhonal paving and any ether grading ortransitions as necessary based on a 05 MPH design speed, Geftvsburg Avenue' Collector 1. Dedicate and construct(2)12' eastbound travel lanes with a 5shoulder (1) 12'westbound travel lane with a 5'shoulder and a 12' center two-way left turn lane within the limits of this subdivision. Smpe 250' lett turn pockets at all major intersections. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speetl. Page 5 of 6 rvnlTacl vapvrCONomONS OF APPROVAL Wn TRACTMAP55BWT-5601 BRYAN GETTYSBURG H MEa A ASHIAMT 5991 SN F vY GRYAN GETVSBGRG HAYE56 ASHrdX Om Haves Avenue'. Collector 1. Dedicate and construct (4)12'travel lanes with 5' shoulders and a 12' center two-way left tum lane within the limits of the subdivision. Stripe 250' left tum pockets at all major intersections. Dedication shall be sufficient to accommodate additional paving and any other grading or Transitions as necessary based on a 45 MPH design speed 2. Dedicate and construct(2)12northbound travel lanes with a 5' shoulder Rod (1) 12' southbound travel lane with a 5' shoulder from Shaw to Gettysburg Avenue. Dedication shall be suHldent to accommodate additional paving and any other grading or transifions as necessary based on a 45 MPH design speed. Ashlan Avenue' Arterial 1, Dedicate and construct (2) 12' eastbound travel lanes with a 5' shoulder, (2) 12' westbound travel lanes with a 5'shoulder and a raised concrete median island within the limits of this subdivision. Construct a raised concrete median with 250' left turn pockets at all major intersections. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed 2. From: Veteran's Boulevard To: Bryan and From: Hayes To: Cornelia At a minimum the project shall Gonstmct Ashlan Avenue wit a 16' raised concrete median and a straight 12' travel lane with 5' shoulders in each direction to connect Veterans Bouleverd- Grandand Avenue to Cornelia Avenue. There will be additional conditions on Ashlan Avenue but this is Intended to make sure we have one City standard annual lane on Ashlan Avenue without utility poles In the way. 3. Where not existing, dedicate sufficient right-of-way and construct additional paving for eastbound to westbound add westbound to eastbound U-tums at all major intersections from Bryan to SB - 991n accordance with Public Works Standard P-93. State of California Department of TranspartaBon (Caltrans) Fees: Applicant shall pay far share contribution as determined by the State of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineering prior to a Final Map. The Calhans letter is Included and the following fees are regulred to be paid to mitigate fair share Impacts to the identified state transportation facilities. Please contact Callrans District 6, Joanne Streibich at(559)498-434]regarding the fair share calculations. Verity the exact amount due to map revisions. Page 6 of 6 *HAPP C ENGENCENNO'SmMx norm rg\Trml hap Co4oinpuS OF AP?ROVAL FOR TRACT fAAewcK YT vol BRYAN GERYSBmG HAYEB C ASKL T,Nol 51h 9ovi BRYAN GE S$Vi HAYES fl A6HtANM City OF R -Mn --cry Finn 11, Fro SWn.OGa1 E �awo� a. vi t i Fri wlanill Orem sve, Fri 00, m,G eyT213fit3 March 11, 2008 TJKM Jose Luis Denali P.E. 516 W. Shaw Avenue, Suite 200 Fresno, CA 93704-2515 SUBJECT: REVI EW OF TRAFFIC IMPACT STUDY (TIS) FOR THE PROPOSED TRACT 5591 northeast corner of Bryan Avenue add Ashlan Avenue TIS07i dated July 3, 2007 received in Planning and Development August 13,2007 TRAFFIC IMPACT STUDY APPROVED FOR PLANNING COMMISSION We reviewed the Traffic Impact Study (TIS) by TJKM for the Proposed subject project which consists of 659 Single Family Residential Units on 112 acres and 50,000 SF of neighborhood commercial on 5.93 acres: GENERAL COMMENTS and CONDITIONS 1. The Mp generation based on ITE Top Generation Manual is acceptable. The proposed project is projected to generate 6,454 daily trips, 546 trips during the AM peak hour and 854 trips during Ne PM peak tour. 2. This project shall pay Its Traffic Signal Mitigation Impact (TSMI) Fee of $440.03 per single family dwelling unit at the time of building permit based on the trip generation Fantasy as set forth in the latest edition of Ne ITE Generation Manual and the Master Fee Schedule. This project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee of $45.98 per Average Daily Trip for commercial at the time of building permit based on Me Vie generation rates) as set forth in the latest edition of the ITE Generation Manual and the Master Fee Schedule. The TSMI fee barren on 659 single family dwelling units Is $289,91. The TSMI fee based on 50.000 SF of neighborhood commercial at 2,147 AOT is $98,719.06. The total TSMI fee for the entire project is $388,698.83. 3. At the intersection of Shaw Avenue/Hayes Avenue, Me project shall construct Westbound Shaw Avenue shall have a 250 feet aft -turn lane and eastbound Shaw Avenue shall have a 150 feet right - turn lane. A northbound 250 feet left -tum pocket and a 150 feet northbound right [urn pocket shall also be constructed. This may require the acquisition M private property or Me relocation of PGE power poles. This is a health and safety issue and shall be done prior to any building occupancy and shall not be bonded for as pad of the final map recordation. It needs to be constructed prior to adding any additional traffic. This reduces the Impacts and safety concerns imposed by existing and Project related lefl-turning and fight -timing vehicles on Shaw Avenue to through movement momriets. The work on Shaw Avenue is reimbursable through Ilse Fresno Major Street Impact (FMSQ fee. The work on Hayes Avenue is only reimbursable if it is within the travel lane in earth direction and the ton way left turn lane. 4. At the intersection of Shaw Avenue Scran Avenue, the project shall construct Westbound Shaw Avenue shall have a 250 feet left turn lane and surfaced Shaw Avenue shall have a 150 feet right. tum lane. A northbound 250 feet left turn pocket and a 150 feet northbound nightturnpacket. This may require the acquisition of private property or the «location of PGE power poles. This is a month and safety Issue and all be done prior to any hulloing Occupancy and shall net be abroad for as pad Of Ne final map recordation. It needs to be constructed prior to adding any additional traffic. This reduces the impacts and safety concede imposed by existing and project listed left - turning and right -turning vehicles on Shaw Avenue to through movement motorists. The work an Shaw Avenue is reimbursable through the Fresno Major Street Impact (FMSI) fee. The work on Bryan Avenues only reimbursable it it Is withm the travel lane in each direction and the Iwo way left turn lane. The westbound left -tum lane is already secured by another Tract Map, 5, The City of Fresno is undertaking a Capital Improvement Project along with He Redevelopment Agency to widen Ashton Avenue from Blythe Avenue to SIR 99 to two lanes in each direction. Construction Is occurring on AsMan Avenue by Beazer Homes between Cornelia Avenue and Blythe Avenue under the old ❑GM system As a result bottleneck is Occurring beNveen that Tract Map and Blythe Avenue and westbound Asnlan Avenue shall be widened to 2 lanes scars these property reduction. This reduces the Impacts and safety concerns imposed by existing and project elated traffic and I5 reimbursable as part Of Ne Fresno Major Street Impact (FMSI) lee. The botlfeneck includes the parcels addressed as 4595 W Adder Avenue 456' W. Ashlan Avenue 4543 W. Ashlah Avenue 4533 W. Addled Avenue The City of Fresno Public Works Department is attempting to apply Proposition to money 10 the boweneck add fund construction tc widen Ashlan Avenue. We anticipate that the City pmjecu wilt progress faster than this development so this work should be completed as a City Capital Project but in the event that money is not available Is a condition of Nis tract 6. Ata minimum the project shell construct Ashc n Avenue with a -raised modern and a straight travel lane in each direction with a mtntmum 5 ft shoulder to connect Veterans Boulevard-Grandand Avenue to Cornelia Avenue. There will be additional cond'Nons on Ashlan Avenue but this Is intended to make sure we have one City standard arterlel lane on Asnlan Avenue without utility pales in the way. >. At the Intersection Bryan Avenue/Ashlan Avenue the Intersection shall the designed and constructed consistent wild the P69 Standard, The project Shall tartan allwayslop signs at this intersection. The project shall pmNtle safety lighting on the northeast and northwest corners for a future signal. Traffic Signal poles located at the ultimate location are full reimbursable/ credited In the Traffic Stinal Mlagahm Impact(TSMI) fee. The following are the necessary lane configurations for this Intersection. Southbound approach left -turn lane, 2 through lanes, and right -turn lane Westbound approach left Wm lane, 2 through lanes and a right turn lane Eastbound approach left -tum lane, through lane and a through right -turn lane Northbound approach lett turn lane, shared through -right turn lane 6. At the Intersection Heyes Avenue/Aron Avenue the intersection shall be designed and constructed consistent with Ne P69 Standard. The project shall signalize this intersection. Traffic Signal pales lcauded at Ne ultimate location are full reimbursable/ credited in the Traffic Signal Mitigation Impact (TSMI) fee. The lollowlng are the necessary lane configurations Inr this Intersection: Southhound approach lett-tum lane, 2 through lanes, and right -turn lane Wastbound approach left-Nrn lane, 2 through lane, and right turn lane Eastbound approach left turn lane, a through lane, and a shared through-dgdf-tum lane Northbound approach lert-Nm lane, sharetl through -right turn lane Proper transition for the appmpnale speeds will be necessary on the receiving are of the intersection. 9 At the intersection Hayes Avenue/Gettysburg Avenue the intersection shall be designee and constructed consistent with the P69 Standard. The project shall signalize this Intersection. Traffic Signal poles located at the ultimate location are full reimbursable/ credited in the Traffic Signal Mitigation Impact (TSMI) fee. Tract 5400 (a previous MCCaffrey Tract) has already done a lot pf Ne Safety lighting. The following are the necessary lane configurations for this intersection: Southbound approach left -turn lane, 2 through lanes, and aright -turn lane Westbound approach felt turn lane, through lane, and a nght-turn lane Eastbound approach left -tum lane, through lane, and a right turn lane Northbound approach left -turn lane, 2 through lanes, and a right turn lane 10. At fare Intersection Bryan Avenue/Gettysburg Avenue the intersection Shall be designed and constructed consistent with the P69 Standard. The project snail signalize this intersection This intersection shall be signalized to control vehicle traffic from this tract, existing traffic, school traffic and provide a safe pedestrian crossing for new elementary school at the southwest corner. Thai Signal poles located at the ultimate location are NII reimbursable/ credited in the Traffic Signal mccatian Impact (TSMI) fee. The following are the necessary Idea configurations for this Intersection: 50ertround approach left -turn lane and shared through- right turn lane Westbound approach lefbtum lane, 2 through lanes, and a right -urn lane Eastbound approach lehturn lane, a through lanes and a shared thmugh-dght-turn lane Northbound approach left -tum lane, 2 through lanes, and a right turn lane 11 At the intersection Bryan Avenue/Main Boulevard to Tract 5891 the project shall signalize this intersection- This Intersection shall be signalized to control vehicle traffic from this !Cecil existing haXlc, school traffic and provide a sate pedestrian crossing for the high school campus across the street. This traffic signal is net reimbursable) credited In the Traffic Signal Mitigation Impact(TSMI) fee and Is project specific as the project has all traffic loading onto Bryan Avenue at one location. The following are the necessary lane configurations for this intersection: SouPhound approach lett-turn lane and Me through lanes WesOound approach shared leftturn lane through lane -right turn lana Northbound approach two way left- turn lane, through lane and shared through -right turn lane 12. At the intersection Ashcan Avenue/PoIN Avenue the intersection shall tie assigned and constructed consistent with He P69 Standard. The project shall signalize this intersection. Traffic Signal poles located at the ultimate location are full ralmbursable/crei in the Traffic Signal Mitlgatlon Impact (TSMI) fee. Tract 5400 (a previous McCaffrey Tram) was already conditioned to do a lot of the safety lighting and conduit. The following are the necessary lana configurations for than intersection: ScuObound approach left -turn lane.a shared through right tum lane Westbound approach lett tum lane, a through, and 150 feet right -turn lane EasNound approach left -turn lane, a through, and 150 feel right turn lane Norroci-on approach left -turn lane, a shared through -right -turn lane 12. This project shall install Incelhpent Transportation System OTS) conduits and fiber along AustrianAvenue from Bryan Avenue to Cdrpeila Avenue along with pole boxes and ITS equipment consistent with our Public Works ITS standards at each traffic signal intersection so that A$hlem Avenue is synchronized and motorists do not experience a red lignt every half mll9. 14. Hayes Avenue roadway segment from Shaw Avenue 10 Gettysburg Avenue shall have 2 northbound lanes and one speth ne nd lane_ current this exists from Gettysburg Avenue to Santa Anna where a bottleneck exists amid the roadway narrows down to County standards too, Santa Anna to Shaw Avenue_ I t appears like me dgirconway exlsG for an addldonal(second) northbound through lane One lane in each direction and the lop way let -turn lane a reimbursable on a collector street In the Fresno Major Street (FSMI) lee so this additional northbound lane is project specific mitigation and alien by this development could be put on the property owner. 15. Hayes Avenue roadway segment from Gettysburg Avenue to Ashcan Avenue Shall have 2 mrolmi 22 southbound. and a Iwo -way -left -fpm lane. Tract 5400 which is also a McCaffrey Tract has put most of this in on the east side accept the lot from me south boundary of Tract 5400 Ie Asper Avenue. This propsM is owned by the McCaffrey Group and should be widened to reduce the bottleneck. One lane in each dlrecGnn and the two-way left -turn lane is reimbursable cp a collector street In the Fresno Major Street(FSMlj lee, 16. Bryan Avenue roadway segment from Shaw Avenue to Gettysburg Avenue shall have a northbound lane. One southbound lane, and a me way left -hum Tape. One lane In each direction and the test y left turn lane is reimbursable in the Fresno Major Street (FSMp lee. 17. Bryan Avenue roadway segment from Gettysburg Avenue to Ashlan Avenue shall have 2 northbound, 2 soumbouni and a Go Nay -left -turn lane. One lane In each direction and me Iwo. way leh-Ium lane Is reimbursable in the Fresno Major steel (FSMI) tee - 18. Ashlan Avenue roadway segment from Bryan Avenue to Hayes Avenue shall have with a "raised ntadian ane two travel lanes in each direction with am inimum 5 If shoulder. This Is fully reimbursable In the Fresno Major$vast impact(FSMlj lee, 19. Gettysburg Avenue roadway segment from Bryan Avenue to Hayes Avenue shall have o westbound with a minimum 5 h shoulder,2 eastbound, and a two-wayaalnum lane. One lane In each direction and the two way left -Turn lane a reimbursable in the Fresno Major Street(FSMI) fee. 20. The proposed project shall make necessary Improvements and uteridedmationavasatlons long adjacent public sleets as per City of Fresno requirements. 21. The proposed project shall make full Improvements including a walkable palm across remainder lots or lots that create a bottleneck (even it not Icaloded with this map) as a result of Nis tract map along project frontage or connecting project frontage on As111an Avenue, Hayes. Avenue, Gettysburg Avenue, and Bryan Avenue. 22. The proposed project shall provide pedestrian sidewalk access to the nearby Central Unified Schools Irom all outlets or This Iras On Bryan Avenue, Gettysburg Avenue, Ashlan Avenue. and Hayes Avenue_ The roadways shall dead be built to accommodate bike lanes even tough they may ��7 not be allowed tb be installed shared and signed) until the concede side of the steal in the County has a bike lane installed. 23. The proposed project shall pay all applicable Caltrans Interchange Mitigation Impact fees to the City of Fresno Traffic Engineering as determine by Caltrans for Ashlan Avenue and Shaw Avenue with SR 99. 24. Veterans Boulevarol 99 interchange is an integral part of the West Fresno and Northwest Fresno Circulation Element in the 2025 General Plan. City staff are currently working on the Project Study Report (PSR) for this new interchange to relieve congested at other interchanges. This interchange Is a Measure C Tier T project and is partially funded at a cost of $60 million. Estimated costs for the total project are $97.222 million leaving a short fall of $37.222 million. The estimate average daily trips (ADT) served by the new Veterans Boulervardi 99 interchange is ]0,3]0 vehicles in 2035 based on the City of Fresno technical memorandum approved by Caltrans. Therefore, to cover the Shod fall to get this interchange constructed each new project in West Fresno and Northwest Fresno will pay $529/ADT that are served by the interchange (across the freeway or accessing SR 99 via the interchange) to make a fair share cantromon to the interchange to mitigate the project impacts to the Circulation Element of the General Plan MEIR in accordance with Me Mitigation Fee Act. This project shall provide ADT counts for the Veterans Boulevaell 99 interchange based on a Fresno COG model win. This total fair share mitigation impact fee for the entire subdivision shall be paid prior to occupancy of the first Swelling unit. If you have any fudher questions regarding this matter, please contact me at (559) 621-6]92 or brvan. ones®irasno oov . Traffic Vrioering Manager Public JJVVVVhhrks Department. Traffic Engineering Division C'. Talk Erplmanng riding Fib nerreulunnnnPbnmrq a ar ar enr own W 1l Tckel. PMnlrg a D"efenwj eapl. LOWSO Glia Tnihl% mg Supemzm i 3nNAAV VIIINb07 aaoao '°� d9v 3nNIAV NIOd City of CmG'@V rn�L::Vi DEPARTMENT OF PUBLIC UTILITIES September 10, 2008 TO Will Tacketh Planner Bl Development Department, Planning Division THROUGH Robert Wakley, Chaii Operations Department of Public 11 ililies, Solid Waste Division FROM: - e,1 Chnsweben, Mmegcmmt Anolyst II Department of Public Utilities, Administration SUBIECT: TT 5891/UGM, A-00-008, R -07-W% and COI -308, Solid Waste Conditions of Approval Location. Between .North Hayes and North Bryan Avenues and West ARan and West Gettysburg Avenues—REV/SED The Department of Public Utilities, Solid Waste Division has completed a review, of the Vesting Tentative Tract Map 5891 NOM, A-07 008, R-07-029, and C-0]-308 that was submitted by Provost & Pritchard, lac., on behalf of the McCaffrey Group. The following• Tegoire OMO and cotWitiom im in be placed on this voicing tentative enter map an a condition of approval by the Department of Public Militias. General Requirements: Tract 5891 will be serviced is Single Family Residential properties with Basic Container Service_ Property owners will receive 3 containers to be used as follows: I Gray container for Solid waste, I Orem container for Been waste and I Blue conmuner for recyclable materi Thc miners, lessees or other Imams of the residential dwellings on service day, before 530 a.in., Shall place their solid waste containers at the edge of thecurb approximately 4 feet For and shill not block any vehicle accesses, nor be placed wtittin any nnffic c role, in accordance with See City of Fresno's Solid W aste.Vuanagemem Division Standards. Per Municipal Cade, Section 9405 Solid Waste Disposal Regulations, Section (a)(] 1)(i) No solid waste container nor residential rubbish shall be allowed to remain at but curnme after 8.00 p.m. on the collection day Per Municipal Code, Section 9-d05 Solid Waste, Recycling and Green Waste Regulations, Section (cJ(10)(i) No mutant mntainer shall be stored in the from yard or side yard on a Street as saad yards as described in Chapter 12, Articles 2 and 3 of this Code, umers the commence is screened from view from the street in accordance with Nat anile of the Code. c4m rub n qunneJivyn_a.rmm. Special Recruitments: Developer will provide through access of alleys for solid waste vehicles. Solid waste vehicles will not be required to back up and, or fuming around to service properties. Residential solid waste servicing in alleys is approved under the condition that the alleys are concocted in accordance with API 17 and FMC 12-1011(e). All slays shall be posted "No Parking." All alley-loadd lots not mentioned below shall place their containers in the alley for servicing on solid waste service drys. Covenant Requirements: It shall be pond "No Parking" in the cul-de-sacs on the solid waste service day. All lots that are pan of a cul-de-sac shall be clear of all vehicles by 5:30 a.m. on solid waste service days: Lots 95, 96, 97, and 98 on West Ashcroft Avenue Lots 107, 108, 109, and 110 on West Holland Avenue Those lots that have a dead-end alley will be regand to place their containers at an alternate location on solid wane service days: Lots 255, 256, 257, 258, and 259 shall place their containers at the south side of their individual lots Lots 287, 288, 289, 290, and 291 shall place their containers Lots 292, 293, 294, 295, and 2% shall place then containers at the south side of their individual lou Lots 324. 325, and 326 shall place then announce; at the north of Lot 324 • Lots 327, 325, 329, 330, 331, and 332 shall place than containers at the north side of LOU 327 and 330 Lou 333, 334, 335, 336. 337, and 338 shall place their containers at the north side of Lots 339 and 336 Lots 339, 340. 341. 342. 343, and 344 shall place their containers at the north side of Lots 341 and 342 • Lots 347, 348, 349, and 350 shal I place their containers at the north side of Lots 353 and 348 • Lots 351,352, and 353 shall place their containers at the east of their individual lots • Lots 354,335,356, and 357 shall place their containers at the south side of their individual lots • Lots 374,375,and 376 shill place dwin containers to the west side of Lot 357 Puawrz ra.a�wu ot.ygxwl Trfetil Prrof4rc September 16, 2006 TO: WILL TACKETT, Planner 111 Planning and Development Department, Planning Division FROM: RICK FULTZ, Senior Fire Prevention Inspector Fire Department, Bureau of Prevention and Investigative Sari SUBJECT: TENTATIVE TRACT NO. 5891 The Fire Department has completed a review of me Tentative Thai Map 5891 which was submitted by McCall ray Group. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 3 miles of temporary Fire Station No. 16 and Permanent Fire Station 16. This project is subject to city wide fireservice fees. Provide residential and commercial fire hydrants and fire flow per Public Works standards Access not acceptable: Dead end streets shall not exceed 450 feet without providing a second point of access. Loss 96 trough 101, Lots 108 through 123, lot 331 and let 334 are all over 450 feet from a single point of access. The lots will need a second point of access or shall be provided with fire sprinkler systems. The lots requiring fire sprinklers shall have a covenant agreement filed per lot stating the fire sprinklerm are a condition of the tract. Or Provide details for emergency access in lieu of fire sprinklers. Gates, posts, or other homers suitable to to Fire Department are required to be installed at the entrance to an emergency access only roadway. The entrance to all emergency accesses shell be posted with permanent signs: AFIRE ACCESS (6- letters) VEHICLES REMOVED AT OWNER=S EXPENSE (20 letters) FRESNO POLICE DEPARTMENT 621-2300 (1' letters).® Emergency accesses are required to be dedicated fire protection easements. All private streets and driveways that are provided for emergency access for Fire Department use shall be constructed to a minimum unobstructed width of 20 feet No parking is allowed in me alleys and me alleys shall meet standard API -17 with a reduced tum radius as shown in me standard. The 32' streets shown in the tract are subject to further review and comment per standard API -2A. Upon further review the streets may be approved as shown or some areas may need to be identified as fire lanes. Phasing of the project will require additional review for access and hydrants D E P A R T M E N T O F P U B L I C W O R K S TO: Will Tackev, Planner Ed Planning Division FROM: Hilary Kimber, Parka Supervisor H(559.621.867%) DATE: December 18. 2007 SUPUECf: Tentative Tmcn Subdivision Map T-58911Locamd Between West Gettysburg and West Ashlan Avenues and North Bryan and North Hayes Avenues), The Deprtment of Public Works has reviewed Ne Tentative Tram Map prepared by The McCaffrey Group, an engineering plana prepared by Provost & Prichard. dated November 19 200'I The Depanment of Public Works afters the following comments regarding the requirements for landscaping and inigetion in soot right-of-ways, landscape easements, trails, outlots and median islands. GENERAL REQUIREMENTS L The subdivider is required to porvidestrem trees an all public streetfrvntagesper Forays Municipal Case and for the dedication of planting and buffer landscaping easements as desemuned by the Planning Department Street trees shall be planned at the minimum tate of one bee for each 60 of street frontage by the Developer The subdivider is required to provide irngation for all over trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient landscapes Smntlmd. 2. . Street Tree Planting by Develupr: For those low having internal street her: fmnage available for street bee planting, the developer shall plant one trtt for each 60' of street foramina, or one tree per lot having street!vintage, whichever is greater. Tree planting shall be within a 10' Planting and Utility Easement. a. Snort mac inspection fees shall be collected for each 0 of public street frontage or one tree Per lot whichever is greater. F. 5met trees shall be planned in aevaManm with rhe City of Fremq Department of Public Works "Standard Specifications:' c. landscape plans for all public use areas, such u parkways. buffers, medians and vials, shall he reviewed and approved by the Department of Public Works, Engineering Services. A some ime planting pemdt shall be required for all residential street me planting. d Performance and payment Simmons, paid with final map, will be released when all landscaping installed on public umber city controlled property is in conformance with the SpecincaWns of me City of Pressor. e. Upon acyreplancE of the required work. warramy security shall INC hammed to or occurred] by the city for guaranty and warranty of me work for a period of ninety days following acceptance. BUFFER WNDSCAFING & MAINTPNANCEREQUIRIChri 1. The subdivider shall provide longterm maintenance for all proposed lendscapnd areas byeitlmpeti[inning for ame.anon in the Community Faoniuue Dlstriq or by footing a Home Owner's Association. 2. Maintenance Servier Through Annexation[no the Community Facilities DlalricL Loodsespe and hrigation plane see acquired add anal l be submitted to the Departmentof Public Works for review and approval prior o a Comm l approval or she final map. Plana sixth be numbered Weonform to and be included in the Deflemmucentof Public Works street uunawction plan net for Be final map. Fees are applicable when the sublividereleets m have landscaping maintained by annexing into Ne City's. Community Families; Drainer A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on Ocnber 2,1990. Landscape and angstrom plans shall comply with Sections 12-301 its 20 and 14-121 of 1112 From Municipal Code regarding Water scent Landscaping and Buffer landuaping. B. Should the proposed landscape buffer& ani parkway strips be located next to an senior buffer anchor parkway sop, the planting concept shall simulate the adjacent handicaps: design to pres uniformmore appears on Ne street. Vulturesin the landscape concept c pt will has but the design of the new landscape buffer anciarparkway strip stool strive to mimic the existing as much as possible. C. LaMacape plans stool indicate grades on acmss-section recall to include fencing or wall details. All fencing shall el pb¢tl ootli ee n t e slope pnd the bat. Maximum 5l ri imuld face a exue4 E1 wird I flat of lmel ground between the slope and the back of the side walk anchor faresy fence. Emaire control measures shall be implemented grl on all vopc of 4:1, ipoved b the use of synthetic vol neuimg in combines Di with Bound cover species approved by the Department of Public WorkelEngineering Services Division. D- The water centers) serving the buffer landscaping shall be sized for the anticipated service flows. E. No private Flags, signator identification court kind shall Infatuated in Ne right-of-way, within the Ciry- controlled cautious or on Ne fence or wall facing the sneer. F. Unreasoning in the ngMof-way and landscape setback adjacent to water well sites shall be the respons, o her of Nc City. of Fresno Water Division and may not be included In due CFD. MEDIAN ISLAND LINDSCAPE REQUIREMENTS 1. Mien median islands front onto the proposed development pmjeq applicants shol submit Finds in� Pro "L n s Doti rnti n all 2. The Public Works Department will inview and evaluate existing mWian island(s) fora determinadom of all required improvements prior to approvo of Final Map. 3. Landscape and Violation is eequied on all new conscription of s Lian islands and shall be applied in cordanee with the Ciry of Fresno, Public Warks Department Standards to Specihcabons and FMCsectmns12-306Q6andl2-30i The PublicWnksf%pwtmeplrcgairte all proposed median islands an M concocted with 2 foot wide colored corcfeteamps. flush atongcurbedge, in a 12 inch by 12 inch back red slate patten. 4. Tress shall not be planted in sections which are less than eight(g) fact wideunteis approved by the Public Warks Department. Sections less than eight (g) feet shall be capped with concrete as an Integral part of the, off site improvements. whether rhe median Is landscaped or not OUTWTS I. The Department of Public Works will not be responsible for the maintenance of any outlets if they am not included into the Community Facilities District (CFD). If line outlets are to had included into the CFD, the Dependent of Public Warks will require approving landscape and irrigation plans to be submitted with landscape buffer plans prior to Inclusion imo the CFD. TRAIL REQUIREMENTS The wail shall ue constructed in accordance with the "Master Trails Manuel" and flue Public Works Department standards. The subdivider is responsible for the mil censomction. The subdivider is responsible for all landscape and irrigation impro merits forand within me met, Construction plans shall be submitted and shall include landscaping and automatic drip irrigation design. Trail cress - sections will be required with submittal of Street Plans and Iandscaping1trigation Plans for review and approval, These plans shall be in compliance with current City standards and approved by the Department of Public Works. landscaping within the regionullmultipurpose oast shall include large, medium and low -growing nhmbs planted from toff feet apart depending on variety, and tams spaced approximately 25 to45 feet spend ha Provide 5M shade coverage. onto Ne planting area and pathway. landscaping adjacent to walls or fences shall comply with 'Landscaped Buffer Development Suadardsl' All planting toms shall be irrigated with an automatic system. CITY of rREM PUBLIC WORKS DEPARTMENT DATE'. December 18, 2007 TO: WILL TACKER. Planner 111 Planning and Development Department FROM: HILARV KIMBER, Parks Supervisor 11 Public Works Dependence SUBJECT: CONDITIONS FOR TENTATIVE SUBDIVISION TRACT 5891 AND COMMUNITY FACILITIES DISTRICT 1. The long term maintenance of all Me items lutan below is Me ultimate nodonslbillq of Me o+mendevelopec If i Councu or property owner/developer chooses novo include all of Me name at demand items listed in a Community Facilities DisMct (CFD), the pmpmty owner/developer shell be responsible for providing a mechanism approved by the City tar the maintenance of such items. • Maintenance of all Landscaping and Inlgal systems as approved by the Public Warks Department within Me street right of-ways (Includes parkways add one half of median islands in Major Streets), landscape eaaemebk, balk and au l associated arm Me subtliviston. All outlets she be tledicated to the City W Fresno for nownterence purpooker add any related work reawred. • Maintenance of Sidewalks and Street FumiNre as approved by the Public Warks Oepammertt within the street nghtof-way anal Me functional easements associated with the subdaboon. Maintenance of all landscape ark inlgetlan systems on sides ark in medians, Bernardi concrete end pir sters included as eMrytmaeneMs To the tract. Maintenance of of Ii street Curbs, Guden and Sidewalks, and Median islands as approvetl by the Public Warks Department within the boundery of Me tentative map. Maintenance and operating costs of all Local Street Lights as approved by the Public Works Department Within the boundary of the tentative map. Maintenance of all Street Trees as approved by Me Public Warks Department within Me boundary of the tentative map. 2 An Annexation Request Package shall be submMed to the Public Works Department If the owner/developer [homes to be annexed into the Crtys CFO for maintenance purposes to be roviewedforacceplanciatoprol Packages must bas complete With a 11 acquired Information in order to he accepted. The Arbitration Requeel Form Is eva11ffile online on Me City's webstle hate \www.hesno gov) under the Public Works Department Developer Doomay. 3. Prxeetlings to place the FMaf Map Into a CFO SHALL NOT commence until Me Final Map has beenxed into Me Clly of Finland, and Me Final Map. Lendsm mand Strand Construction Plans are conceded to he Technically Correct Any change 8ffmtng Me Items In Mese cdndhibm requires revision of letter of conditions. If you have any questions, please call me at 6240791 Feta Ko. tpnp NOT id DPW ern don ed, reamm er . xam Fill No 21045 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Hari Planning Manager McCaffrey Group Planning R Development Department 7020 N. Van Ness Blvd. City of Fresno Fresno, CA 93711 2600 Fresno Street _ Fresno. CA 93721 MAPNO. 5891REV2 PRELIMINARY FEE(S)(Sep below) DRAINAGE REA(S) " EO " ^ DRAINAGE AREA EO S130] ]98.00 DATE rn9 ICCCB DRAINAGE AREA - 'fOTAL FEE—$1.507,798.00 The proposed development will generate storm runoff which produces potentially significant nvbonmented impacts and which must be properly discharged and mitigated pursuant to rhe. California Environmental Quality Act and the National EnviromnentN Fahey An. The District in cooperation with the City and County, has developed and adopted the Storm O Drainage and Flood Contra l Master Plan. Compliance with and implementation of this Muster Plan by this development p Jecl will satisfy the drainage related CEQAMEPA unpact of the project mitigation requirements - The proposed development sal I pay drainage fees pursuant to the Dominate Fee Ordinance N prior to approval ofthe final map at the rates in effect at the time of such approval, The tee M indicated whose is based on the tentative map. Correct to FMFCD project nngrear prior m W approval ofthe final map for the fee. (A Considerations which may affect the fee obfigadmi(s) or the timing or form of &a payment 1L a) Fees related to undeveloped or phased portions of the mjeut may be deferrable. M F) Fees may be calculated based on the actual percentage of =off if different than that M typical far the zone district under which Ne development is being undertaken and if permanent provisions are made to assure that the site remains w that configuration. c) Master Plan norm drainage facilities may be constructed, or required to be constructed in lieu of payingfees. d) The actual cost amounted in constructing Master Plan drainage system Routines is credited against Ne drainage fee obligado i. ..nu.- swY E.OUVE- FRFsrvo. CA tent - rust rasa-" FAX ass) essstsa npanoddauai FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2,f4 e) Whenthe actual costs incurred in constructing Mode, Plan facilities exceeds the drainage fee obligation, reimbursement will be made forth, excess costs Dom future fees collected by the District from than development. Approval of this development shall be conditioned upon compliance with these District Requirements. I- Drainage from the site shall be directed to X Is Omdmg and drainage Panama shall be W identified on Exhibit No. 1 R The grading and drainage patterns shown on the site plan conform to the adopted Sturm Drainage and Flood Control Manor Plan. 2. The proposed development shall construct and/or dedicate Storm Drvnage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall consonant facilities as shown: on Exhibit No. l as"MasterPlan Facilities to. be constructed by Developer". None required. 3. The following Fr al improvement plans shall be submitted to the District For renew priorto final development approval: X Grading Pin X Storm Drain Plan X Final Map. X Street Plan % Water &Sewer Plan _Other 4. Availability of drainage facilities: Permanent drainage service is available provitled the developer can verify to the satisfaction of the City of Fresno that mnoff can be safely conveyed to the Master Plan inlet(s). b. The construction offaoilhies required by Paragraph No.2 rerea ll 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, neceadansting appropriate floodplain management action. (See attached Floodplain Policy) wiva Saw E. OLIVE � FRESNO, CA 9T3]-(559)45619:-FAX(SH) 456]191 ♦ Mpqumxrc FRESNO h1ETROPOLI'LAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 Ufa Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available no the District. X Docs not appear to be located within a food prone area. 6. _The subject site contains a portion ora canal or pipeline Nat is used to manage recharge, storm Omer motion flood flows. The existing capacity must he preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain me canal or pipeline. I he Federal Clean Water Act and Ne State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers Of -induction projects trimming one or more acres, and discharges associated with industrial activity not otherwise exempt fiom National Pollutant Discharge Elimination System (NPDES) permitting, m implement controls to reduce pollutants, prohibit the discharge of waters other than stood 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 Ne development after co non. O • a. more General Parmit for Sturm Water Discharges Associated wish Construction Activities, approved August 1999, (modified December 2002 ) AS tora General I •� Construction Permit is required for all clearing, gating, and dlsmrbances to the ground N Star result in soil disturbance of at least one acre (or less than one acre if part Ojai M larger common plan of development or sale). Natural ares required to submit a Noire of Intent to be covered and most pay a permit fee to the State Water Resinua-- W ControlBoard (State Board), develop and implement a storm water pollution , prevention plan, eliminate non scandal water discharges, conduct routine site inrtpeaions, van employees in perm h compliance, and complete an annual �• connotation of compliance. o. State General Permit for Stoner Water Discharges Associated with lddasvial Activities,M .April, I997 (available at the Distinct Office.) A State Ormond Industrial Permit is requimd for specific also of mdustnes described in the NPDES eguratuars or by Standard Industrial Classificatipn(SIC) code. The ful low ing categories ofLidustrles are generally required to retie an industrial permit moafacmrmg, trucking, onclingi and x andhaaandouswastemanagerri Specific exemptions existfor anufacwrug activities which occur morels Indoors Permiaees are required m. submit a Notice of Intent o be covered and must pay a per ie fee to the State Water Resources Council Board, develop and implement a Sturm water pollution pmvenuon Plan, eliminate non -storm water discharges, c0nductroutine site idepeatiods, t-,ain employees in permit compliance, sample adder water runoff and team it for pollutant indicators, add ammlly submit a refund to the State Board. v69 E. il 11d a5n4 CA 93727-(559) 45oAi±. FAX 059H5soTw r.e nwetlooum«r FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page q of q The proposed development is encouraged to select and implement storm water qualdy, 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 nom- stem awstorm water to enter the municipal storm drain system. and where possible miwniu contact with materials which may contaminate storm water runoff 8- A requirement of the District may be appealed by filing a mention notice ofepped with the Secretary of me District within ten days of the date of Nis Notice of Requlremems. 9. The District reserves the right to daddy. 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. 2for additional comments, recommemardure and requirements. eaG Id E. Lakerfi£, Pmlea Engineer: Rick LYons District Engineer C: Presser & Pritchard 286 west Cromwell Ave. Fresno. CA, 937 II mmev. 5459 E.OLIVE- Mason. CA9]T_}.(559)45 atm- orn(sett oso3194 netltled0auimem ASHCROFT �oerniu .-7--_.�.—. o ASHEAN AVE. I Sdo oErutn ur -EW EO^ _ 0 A AVE. 7QpC: 5391 -'4 m CUP 2007-308 EYMBr No. f DA ACEp :70" BXE 1T 2 FRESNO METROPOLITAN FLOOD CONTROL DMS CT LEGEND Mason Ran Paeans To Se CataW ee! By Ser'ebper F� Plpl Sao SFP%n) AW lEIgiEM For FV CreB'A). _ DpAorel Master Plan Fal To Be CnrrsWcbtl By Developer Pipeline (Sim Slamn) EngIMe For Fee Call Mal Ran Founitas To Be Conshood By Coal Uniflel Stliml Bloom _ _ Master Ran FanlNes To Be General By Developer or Tract 5728. I} — 6lsting Minter Plain Fill Furore Masler Plan Fatlli4ea Nonmasler Plan Facili4m TO Be Berna etl By Devalcger ]o`----- (No[ EnSiblM For Fre Cradt) �-- DAexaon Or Drainage ------ Intel Boundary Drainage Nee Boundary TRACT 5652 FFF� E IIBIi NO. t Di AM T(Y' J SHEU20 2 2 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT OTHER REQUIREMENTS EXHIBIT NO.2 The drainage fee identified on this revised Notice of Requirements for Tract 5891 bas been computed at a rate conunenswmetothe calculated composite land me for this development The District's Master Plan fins been revised to accommodate the densities proposed for this project The cast ofconstrumion of Master Plan facilities, excluding dedication of norm drn ^fie easements, s eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that developer's Master Plan costs farm individual drainagemea exceed thefee ofsaid area. Shouldthe facilities cwt for such individual area total less tlanthe fix ofsaid area, the difference shall be paid upon demand to the City/County or District. A miNmum fifteen -foot 05') wide storm drain easement will be riciluired whenever norm drain facilities are limited an private property. No encroachments into the easement will be permitted including, but not limited to; foundations, roafovedangs, swimming pools, and trees. The goame ur ay be slightlyreahitned to accommodate future development, Provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline aligmnent and accepts my additional cans for the cowtr :von ofadditloral storm drain facilities that may be rryuired. Any proposed storm drain shipments must be reviewed and approved by the Distrix. The Distinct requires that the developer of Tract 5891 provide astub street at Lot 542 to provide a ens oCdrainsge for jornrrm event. Ifthe stub greet is not provided the developerwill be required to provide a grain drainage channel to provide a method ofconveyance 6rparcels north of this project during jar gomt event. No surface urn -off shall be directed towards the alleys. The construction of the Master Plan facilities labeled "Optional Master Plan Facilities" shown on Exhibit No. 1 will provide permanent drainage service to the eagMy portion of Tract 5891. However, if the "Optional Master Plan Facilities" are not congracted, the Distinct recommends temporery facilities unW permaing service is available. The Central Unified School District will assail the Mager Plan facilities in Bryan Avenue that will Provide permanent service to the westerly porion of the tract Should these facilities not be constructed prior to development the Distid recommends temporary service until permanent service is available. Development No. Tract 5891 Rev,2 :age arz x,r.,m,v,ewm,a.r�uuaw OTHER REQUIREMENTS EXHIBIT NO.2 Some of the areas ofTraact5991 are shown with proposed alleys. The proposed alleys must have capacity w tarty the necessary flows, particularly ifpart or all of the lots drainage will be directed toward lite alley. Also, the major Storm flows must be directed toward major streets and the major streets must be designed to accept the larger capacities of the major storm Flows. The smaller appears with wedge curbing am of insufficient design to carry the capacities of the major storm flows. The developer is required to provide smrav_e in Basin "EO" by excavating 41,000 cubic yards as directed by the District in con excavation permit obtained Rum the District. If stockpiled within Basin "BD". the developer wi 11 be el igible for Sl40 per cubic voted credit. The District reserves the right to delete this work prior to the developer initiating work. Prior to any work being initiated in the basin, the developer or his Contractor shall obtain an excavation permit from the District, Ifthe work consists solely ofstockpiling material excavated firm the basin within the basin, there is not a permit fee. However, if any material is removed from the basin (off-site), a permit base shall be paid prior to receiving the permit. No imposing ofmaterial is permitted. In an effort to improve storm =mfr quality, outdoor storage areas shall be constructed and maintained such that material that may generate commandments will be prevented from contact with runlall and roofT and thereby prevent the conveyance of contaminans in rwroff into the storm drain system. The District encourages, but does not require thatroofdaalns from non-residential development be constructed such that they are directed onto and through a landscapedgrassy, Swale nada to ftlterout pollutants form roof runoff Runoff from areas where industrial activities, products, ormerchandise come into contact with and may contaminate storm watermust be directed through landscaped areas mothcrwise deatedbefOre discharging it off Site Or into a storm drain. Roofs covering such areas are pero0mmended, Cleaning of such areas by Sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks, depressed areas, and areas servicinor fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program re uriremens are available. Contract the District's Environmental Department for further information regarding these policies related to industrial site requirements. ^age 2 w. Development No. Tract 5991 Rev.2 K Ynm"I6hlFlr_acvu55 ]mvnt City of mfa FRESW p ; " DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISIONa��� 3 so DATE. DATE. Cdober 13, 2008 a.+awuvsn..,rw sw... TO. WILL TACKETT, Planner 111 Department of Planning and Development Planning Divalon FROM. MICHAEL CAJ BAJAL, Supervising Engineering Technician leDepartment of Public Utilities. Water Dlvkion SUBJECT: REVISED -WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 58911UGM The following condlYans are required to provide water service to We tract. 1, Construct a I4Inch transmission grid water main (including installation of City gar hydrin) In West Gegyaburg Avenue from North Hayes Avenue "at to North Bryan Avenue, 2. COOVIXt a water supply wells) me$gels)dedicated to the City Of Fresno. The well($) shall be mpaMe of producing a total of 2,000 gallons per minute. Well sales Shall be of o ae"at a location acceptable to Me Wattt Systems Manager. TM met of acqulmg the well slte(s) and consW ction of thewell(s) shall be relmbunnd from Me UGM Water Supply Well Service Area Fund 3013, In accordance with estadkhad UGM policies. 3. WaWrwnllconetu=on N211indWewellhead Veatmentfacllftles.lfmqulred. Thecost for cantonment wellhead treatmemfadlities shall be reimbursed from UGM Wellhead Treatment Service Area Fund 301s, In accordance with established UGM palsies. 4. No Occupancies wfll be pem11BW Pior to the ea9afaction of Me water supply raquinemeM. 5. Develop and implement mitigation measures to offset groundwater pumping equivalent W the had'4 annual water demand at bulidout plus 15%. These mlCgpeon measures include tie use of FID Surface water for INgagon, installston of low flow fixtures, the use Of Marcel prime for landscape, and the use Or evapotranspimdon mMrollera. The mNgaOon measures shall be ablated to prior approval by Me Water Systems Manager. B. The development shall design appmpdate Infrastructure to facilitate water consumption at a rate of 243 gallons atimsonrday. 7. Separate water services WIM meters shall las provided to each lot created. 8. Two Independent sources of water, meeerlg Federal and State Drinking Water Act Standards, We mounted to serve the tact Including any subsequent phases thereof The two-sourcs requlrement may be accomplished though a combimaton of water main eMensipna, mnotmctian of supply walk, or abler acceptable. source of watersupply i'.wxo.mfwscrcemuw wappmclwNl 1013OGAW approved by the Water Systems Manager. 9. All public water facilities shall be oneWcted in accordance with Public Works Department standards, specicatbns, and policies. 10. Seal and abandon existing on-site welps) In compliance wit the Slate of California Well Standads, Bulletin 740 or current tevieione Issued by California Department of Water Resources and City of Fresno standards, 11. All proposed water main easements shall ca dear and unobstructed by buildings or other structures. No fencing or wall shall either enclose or be tinted above to water main. Tim piarNrg plan for any proposed lampoons within the easement shall be approved by the Department of Public Utilities. No trees shall be located within 8 feet of thewstermain. All water mains within an easement shall W Geary marked with signage above indicating to and location and type of facility below. 12. Construct a reclaimed water system in pul nights-cfway to utilize future tort ary Vested waste water for landscape Initiation purposes. Design of the reclaimed water mains will W subject to approval by the Assistant Director of Pudic Utilities. City off �d.% VA DEPARTMENT OF PUBLIC II'FB.ITIF.S Date: January 22008 To: ROBERT LBWLS, Supervising Plamer Planning Division/,��y From: DOUG HECEER, Supervising Bogineering Tahnicia0l Public Utilities Depamoent. Planning and Engineering Division Subject: SANITARY SEWER REQUIXEMENTS FDR VESTING TENTATIVE TRACf 5891NGM, R NTNG APP. NO.R-07-29, PLAN AMENDMENT APP, NO, A-07-08 AND CONDITIONAL USE PERMIT C-07-308. Comers! T-5891. A4)7-008, RN-029, C-07-308, for approximately 130 acres of land located between West GeRysbutg and West Ashlan Avenues and North Bryan and North Hayes Avenues, proposing 647-Im planned development subdivision. A-07-008 is a request t0 amend 2025 From General Plan and West Area Community Plan from Neighborhood Commemiol pin designation to Medium Density Residential pin destitution for 10 res (APN 3114170-29, 32 and 39) and Medium Density and High Density Residential plu denigr a imis to Neighborhaad Concessive On for 5 acres (For APN 311-070.50). R-07-029 requests to change the zoning from RR County, R-1-UGM. R-2-UGM and C-1 LGM to C-1-UGM Neighborhood Shopping Canner-Urban Crunch Management zone district (For of "N 311-070-50), RA-UGM and R-2 Low Density Multiple Family Residential zone districts (APN 311-070-01, 07, 17,19, 39, 4B, 50 and 54). C-07-3N is a request ro allow for reduced lot width, depth and setbacks and including public alley vehicle and pedestrian access. Saoitary Sewer Services The nearest witurary, sewer mains to serve the proposed project are a I5-inch roan located in West Gettysburg Avenue and an 8-inch main Ircad in North Bryan Avenue. The following sewer improvements shall No required prior to providing City tower service to the project: I. Consumer 18-inch and 15-inch sanitary sewer mans in West Ashlan Avenue between NOM Bryan and North Hayno Avenues. Construct an S-inch sanitary sewer man n North Hayes Avenue from Wert Ashlan Avenue north approximately I." If. 3. Simony sewer mains shall be extended within the proposed mct to provide sewersernce meach lot created. 4. Sepa:me sewer house branches dull he respond An cash lotcreual 5. Abandon all existing on-site private sewerseptic systems in accordance with City smndaNs,specifications, antl policies. 6. All public sewer facilites shall be constructed in w0miance with Department of Public Works standards, specification, and policies. 7. All underground ssrttt utilities shall be installed prior to permanent mail paving. & Stuart easenentsand/or dells shall be recorded prior to approval a improvement plans. 9, P.nneerd improvement Pons instanter era City Standards by a Reinstated Civil Engineer are required for proposed odditions as the sanitary sewer system. 10. A Preliminary sewer design layom shall he prepared by the Developer's Engineer and submitted to Use Deparrem of Public Utilities for review and conceptual approvals prim to suhmitul or acceptance of the developers final map and engineered plan & profile improvement drawing for City review. Sanitary Sewer Fm Pne following Sewer Can nection C rgea are due and 6U1 be paid for the Profen: I. Lateral Sewer Charge. 2. Ovnaize Sewer charge. 3. Oy zzc SewerArea. M 0. Trunkgwer Area:Grendand S. Sewer Facility Cturge(RnidenpalOnly) A1n. Will Tackca City of Fresno Development Department 26W Freavo Steel Fund Floor Fresno, CA 93721-3604 Door W. Tackett Calmon; has removed the plan amendment, sone, use permit, tract map. and Traffic Impact Study (TIS) for the initial use projcet Iwated between Won Gettysburg and West Asblan Avenues, Norah Bryan and Norah Hayes Avenues. Cahrvas bas Had following comments: The project is expmted to generate 546 AM aM 854 PM Pule Hour mps. The pmlmt's TIS indicates feet project trips w0uld impact the State Roble NSR) 99 interchanges at Shaw and Ashlar Avenues Table VII of the and d:t's TIS includes the trafic consWtent's calculations for mitigation to the State Highway System. There are s rieml discrepancies in Figure 10'6 peak hour numbers when comparing those shown in the 2025 SolmZOM drawings of the SR 99 and Shaw Avenue in donection. Caltrans therefore recalculated the fair share, using we Council of Fresno County Governments' values over those m the project's TIS, Using Oe City's FonnWs, we have determined that this pmjeer's pmponional share to rmigme for impacts to the ideutifnt intmchangel is $111,040, as presented in the attached Able (AOachrtlrnt Number U. The City sh0uld consider a order altemmive for this project There a sufficient dcvelupmml io this general area to superior transit, and early plaomnis small make s than alternative fusible Caltrans aids that this project be Voted] to to Fresno AExpress (FAX) sfor their review and comment Plaase see Atmchmcnt Numher2 for mod tmommrndW transportation altemativea. If you have any questions, plume call me at (559) 4884347. Sincerely, if ESS11RIE t8CH Office of Tramportaton Planning District Aaachmma C. Sum C:cainybutuc Mr_ Scott Mesmer, City of Presmo Public Works Deparn mer Mr Hrpan Jones, City of Fresno Public Works Department Ms (Barbara Geodwin, Council of Fresno County Giro mmen s maw DEPARTMENT OF TRANSPORTATION - - - -- 1352WEST OLIVE AVENUE P. O. BOX 12616 FRESNO, CA 91776 2616 PHONE (559)488-047 FM (559)4884088 Flu wrl TPY (559)498406 fiemepunf Apnt4.2008 - 2131-1OR/CEQA 6 -FRE -99-26.5+/- A-074103, R-07-029, C-07-308. T-5891, &TIS MCCAFFREY MIXED-USE SM41007121045 A1n. Will Tackca City of Fresno Development Department 26W Freavo Steel Fund Floor Fresno, CA 93721-3604 Door W. Tackett Calmon; has removed the plan amendment, sone, use permit, tract map. and Traffic Impact Study (TIS) for the initial use projcet Iwated between Won Gettysburg and West Asblan Avenues, Norah Bryan and Norah Hayes Avenues. Cahrvas bas Had following comments: The project is expmted to generate 546 AM aM 854 PM Pule Hour mps. The pmlmt's TIS indicates feet project trips w0uld impact the State Roble NSR) 99 interchanges at Shaw and Ashlar Avenues Table VII of the and d:t's TIS includes the trafic consWtent's calculations for mitigation to the State Highway System. There are s rieml discrepancies in Figure 10'6 peak hour numbers when comparing those shown in the 2025 SolmZOM drawings of the SR 99 and Shaw Avenue in donection. Caltrans therefore recalculated the fair share, using we Council of Fresno County Governments' values over those m the project's TIS, Using Oe City's FonnWs, we have determined that this pmjeer's pmponional share to rmigme for impacts to the ideutifnt intmchangel is $111,040, as presented in the attached Able (AOachrtlrnt Number U. The City sh0uld consider a order altemmive for this project There a sufficient dcvelupmml io this general area to superior transit, and early plaomnis small make s than alternative fusible Caltrans aids that this project be Voted] to to Fresno AExpress (FAX) sfor their review and comment Plaase see Atmchmcnt Numher2 for mod tmommrndW transportation altemativea. If you have any questions, plume call me at (559) 4884347. Sincerely, if ESS11RIE t8CH Office of Tramportaton Planning District Aaachmma C. Sum C:cainybutuc Mr_ Scott Mesmer, City of Presmo Public Works Deparn mer Mr Hrpan Jones, City of Fresno Public Works Department Ms (Barbara Geodwin, Council of Fresno County Giro mmen s } ) )� \ J �-; }��� ,! , /, \ §�\ : %J ( /> ° § )� , r! ° {) !( #£e §> [{ \[ j/, a r 1:,,, :; !)!), � § }\ § 9\1114xill; :AW■LL451:1�:ia CALTRsIdS RIC01oLMENDATIONS FOR TRANSPORTATION ALTERNATW S: Ongoing development throughout the City ofFresm, lac times this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit altemafives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips m addition to chancing capacity. Transportation Wtemadves the City should consider include standard highway solutions along with the following: L Park and ride facilities on site or within fie proximity of this project. 2. A sway of rhe general accommodation and provision of mus transit in this area to provide insight on ways of increasing transit usage. 1. Exploring the potential of commuter shubles. The shuffle could be financed through an anent district and provide a way for individuals to utilize a park-and-ride facility or commercial arca parking lot and be shuttled to vadaus commercial/office centers within site area Commuters wbo need to go further could ruse City of Fresno transit if the City plumed for convenient connections. Iris may help an reduce the Single Occupancy Vehicle (SOF) demand seeking to use Ne State Highway System. 4. Providing for continuity of non -motorized trauportausir 5. Exploring are potential for emplo.er-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project -related impacts to fire trarupartatiodcireWafiov system. 6. Exploring the potential for linking are purchase of a monthly transit pass with new ermeartial development as partial mitigation for congeaion and air quality impacts, and to ensure the long term viability of public transportation. Pacific Gas and In E/ecoic campany. December 12, 2007 K0, Pawn 4M Agam PMne: 55416ti516] feol v� 6500 Gnaw so 23 EMv11 Ype6og, om rrzsno, G. 937W Land %,now RRCamo Development Department DEC 19 2007 Engineering Services Division PlannN fa"ni". omrsen Land Division Section cry OFFPES 01 part 2600 Fresno Street, Roam 3043 Fresno, CA. 93721-3604 Ado. Dave Braun Dear 9eve43raan, 9u 1��'rn� We have received your request for comments notice for the TentativeTrad Map No. 5891. OUR FILE. Hemdon- Kearney 230KV Tower line Thank you for the opportunity to review and comment on Me Tentative Tract Map No. 5891. Pacific Gas and Electric Company (PG&E) owns and operatesan electric transmission tower line located within the proposetl projects boundaries. To promote the safe and reliable maintenance and operation of utility facilities, the California Public Utilities Commission (CPUC) has mandated specific clearance requirements between utility facilities and surrounding objects or construction activities. To ensure compliance with these standards. project proponents should coordinate with PG&E early in the development of their project plans. Any proposed development plans should provide for unrestricted utility access and prevent easement encroachments that might impair Me safe and reliable maintenance and operation of PG&E's facilities. PG&E hereby mouests Mat the locations of each steel tower facility be delineatetl Loon the moo. PG&E maintains that the location of the easement is monumented by Me existing steel towers and Meir projected centerlines on the nronert It is imperative that PG&E review all improvement Plans Pnor to any construction Some examples of activities that could have an impact upon our facilities include pemanent/temporary changes in grade under or over our facilities, construction of structures within or adjacent to PG&E's easements and planting of certain types of vegetation under our electric facilities. Developers will be responsible for the costs associated with the relocation of existing PG&E facilities to accommodate their proposed development Because facility relocation's require long lead times and are not always feasible, developers should be encouraged to consult with PG&E as early in their planning stages as possible. Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In addition to adding new distribution feeders, the range of electric system improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capaody, and building new substations and interconnecting transmission lines. Comparable upgrades or archers needed to accommodate additional load on the gas system could Include facilities such as regulator stations. Droner stations, valve lots, distribution and transmission lines. PG&E remains committed to working with the City of Fresno to provide timely, reliable and cost effective gas and electric service. Please contact me at 263-5167 if you have any questions regarding our comments. We would also appreciate being copied on future correspondence regarding this development. Sincer ly, fx yle Patten Land Agent copes F� County of Fresno 0 DEPARTMENT OF PUBLIC WORKS AND PLANNING 4A O ALAR WEAVER, DIRECTOR }RES+ TO: Unsuteral Delores B Engual FROM: Road Maintenance 80peeat'Ionsl DevelOpnenl Engineering Plans Reslew B Approval SUBJECT: Dwelopmends Proposed In County Areas & Proposed For Annesmar n The following conditions are acquired of development project goal for connection or agacentto County, areas where slated for weasel man inu m anted base 1. ROW Irascibleness Plans • Any work required within OR connecting to Me Gouny nift—al y win require review, approval ped encroachment poor issuance From County Roatl Maintenance & Operations. • Stiignp pars as part of mad improvement pans shall be submitted. See etachd checking. • NOTE: TralfiemM ldeimpmmselrequireeappNva'. STOP signs, NO PARKING and traffic siptWs absorb Wed Of Supendme review prior d also apomvelpemliUssuanm Allow co Jays for the approve. Trafficsoc ieswill be required meremore than 10bipypeak Muratimen onster 100tnpYJays are generated an a meal smmerm A plan check evielx has of E1,ao0 is totaled all the ice initis al forth Impmromem plans. 2 UlPSIng Proposed or required mlooadom ark urdelgmurdtg are to be submitted with the 1" submitted Of Me pans. • Submittel of pars hem MezRecand wdry company win the 2"a submatal is requheal poor to plan does. • A plan check review lee of E640 is hequiM wdh the l`signal for the Encroachment. 3. Ored1m Plans • Wised edjace s to County areas, plans shall be submittN anal review d by the Development Engineering Section of County Public Walls. Amundson documents are argued for verifio4on of Me limits of wok to be eviessid, approved! and pemiAted. A grading voucher WI Issued upon suDmide or adequate information Iyer the atached list] anal approval prior to gradin In areas peposeJ for annexation. • LoMm patterts for adjacent vactr proposed shall be provided where affected by groposetl additional 4. Traffic Gull Pans I Road Cosaree Slag rules 49 bond review time from stormiest o response for TCP (Traffic Comml Plan) reviews Lore distance am typically limited a bMween Me hue a 9:00 am and 4:00 pm. • No throure are permMed ban Chummy of Frim hardware tat are not stoped. Signs In Me County s Jurisdiction mutt be on Was where rsmaming In place longer Man Mae days. No adjacent medway, is e M dical mrlmmently With an exsbng Or emission! clasure. Anambra nafficRbn by the da mama mnbatlar is in be given N pmpmry, owners, Wei busirhesses and the motoring public aRemed by an uOmmingArm ending proposed censure. TCPb are required in hflact we most barred sprom of the Gltwnia M U TG D • agmJafiM popoaHdcted mrd Is required wn la be MMin alsldjuntditlioralarea, accepanm ark agreeme mora that Wloa tormry Ise hand a. • Cwatch mspmed is be Img temp mutt have a one a$1.bn 1day valI a bmaldiscran with irk peposal bjcgty IM duration requested. InculcatededtdamagesaMeatentE1.20DItlaywillbe chased fordosures exce Hing the allotted paned approved will irk TCP. Aexxhmla Read wO Pls Clw u¢ om nor Gi Vaud,. Claudia Mabel ROAD NANRNANCE & OPERATIONS DIVISION aA Tulav eve{ Sven ear l Frmne, C si W721 l YTm• di 21524240 (FAX MA 165 Equal fin}ennaX OpPr•Iln - AMr,i Autlm• pMNM Emnbpr PLAN CHECK PROCEDURES & CHECKLIST F OR IMPROVEMENT PIANS AND ENCROACHMENT PERMITS MAINTENANCE 3 OPERATIONS DIVISION DEPARTMENT OF PUNUC WORKS AND PLANNING Protect Completed By Prolnear Date- The following checklist must be completed before plans can be accepted for review. Date accepted for review: By'. - Screening for Plan Acceptance Done N/A (Ind.) ( ) ( ) 1) Pre—'Plan Preparationmfp. with appropriate agency(res) and engmereng consultant staff held on I ) 1 ) 2) Show existing and proposed right -0f -way on plans. ( I ( ) 3) Attach Conditions of Approval for land use entitlements to plans and mitigation measures ff applicable. ( ) ( ) 4) Show -existing'.'Proposed to be relocated' and to be removed' utilities and madden facilities on the plans. (The -Developer is responsible for relocating any existing utility and Imgetion facilities (within the County road right of -way) to the correct alignment and grade.) 1 ) ( ) 5) Provide written venficatiOn from all affected utility companies that required pole relocation design has commenced and all associated engineering fees paid ( 1 ( ) 5) Plans should be reviewed for existents of longitudinal angular facilities within RNJ. If shown, special approval should be cleared before acceptance. ( ) ( ) ]) Plans should include a valid stamp and signature_ ( 1 ( 1 d) Provide Signing and Striping Plan showing existing pavement width. signs, and markings for a minimum of 300' (500' preferred) beyond project limits. ( 7 l ) 9) Provide note stating that a County encroachment permit is required ( ) ( I 10) Provide digital photos of the proposed project site ( ) ( ) 11)Attach Traffic and Engineering Study for new intersection controls Pmposed(All way stops and Traffic Signals) Use Calmirs Traffic Manual warri ls. ( ) 1 ) 12) Show existing topographic information and show date in which data was collected on title sheat. ( ) ( 1 13) Provide structural Section calculations to include 0.20 safety factor for County roads ( ) ( 1 14) Provide documentation for Proposed annexation. ( 7 ( 1 15) Show gredicarmill lines (City & County) to inclutle proposed annexation ( ) l ) 10) Alluw IN iIlunum Of fourweeny for board Or Supervisors authorization for any proposed signal hares, stop signs, yield signs, Speed zonas or no parking zones regi w raor GGtSlpaawamnf)F I .x-I.liaTAN un' RCLEInox, do, PLAN CHECK PROCEDURES 8 CHECKLIST FOR IMPROVEMENT rVws e_rvcaoAmMeNT raavns Munrsw,r eE a OPERATIONS DIVISION DEPARTMENT OF Puauc FORKS a FtetwINa Project: Completed by Engineer: Date: The following checrl d will be completed before Im bovemempians can be approved. Done NIA (III A. Plan Review Elements 1. Cross slope: ( ) ( ) a)2% for new road mural a urban areas) ( ) ( ) b)2%to3% for new road (mountainous area) ( ) ( ) of15,to4% for existing does (50 ( ) ( ) d)1%to3% for exisfing road (WO '-11o'hgM-cf-way) 2. Sideslope: ( ) ( ) a)Rural area: 2 l maximum for 611 slope 15:1 maximum for cut slope; AC dike for 1111>3'and shoulder slope > el ( ) ( ) b) Mountainous area :2'1 maximum for fill slope >5',1%, l maximum for fill slope <5: 1 'h 1 maximum for at slope ( f ( ) of Setback from property lines 3. Minimum culvert sure: ( ) ( ) a)19' outside FMFCD boundary ( ) ( ) b)15" within FMFCD boundary 4. Curb rmum radius: ( ) ( ) a) 20 for Iwai to local connection ( ) ( ) of 25far tocol to collector or arterial connection ( ) ( ) of 25' for collector to collector connection ( ) ( I of 30' for arterial to collector connection ( ) ( I e) 30 for cultural to arterial connection ( ) ( ) 030' for Industrial road ( ) ( ) g) 40' for AC road approach 5. Vartleal curve: ( ) ( ) a)Major mad - Algebraic difference In page grade+ 0.5% ( ) ( ) b)Local mad- Algebraic difference In protle grade >IAm, a. HOmonui curve: ( ) ( I a)Major road - defeatism angle >0.54 ( ) ( I of Local maad- defection angle? 1.0' 7. Curb and gutter plan: ( ) ( ) a) Snow proposed top of curb pul le along site fnumege. ( I ( ) b) Shaw existing centedine profile along site frontage. Include at least 300' beyond each end of property or to expand; w whiCmver is feasible. ( ) ( ) c) Show existing edge of pavement profile along site frontage. Include at least 300' beyond each end of properly or to existing curb. whichever Is feasible. ( ) ( ) d) Provide a minimum of 50' pavement tansitian at each end of proposed curb. ( 1 ( ) e) Install wheelchair amp at all curb returns, ( 1 f 1 0 Provide a minimum or 0.2fall around curb return and along valley gutter. ( ) ( 1 g) Delineate exishim and proposed cul-Wgutteg sidewalks, driveway approaches and pavement limits on the plan. ( 1 ( 1 h) Curb B gutter grades shall conform to FMFCD Master Drainage Plan. ( ) ( ) I) Curb & gutter plans must us submitted to and approved by FMFCD. ( 1 (1 j) Breakover angles. 9. Flood hazard ( 1 ( 1 a) Submit drainage study. ( ) ( ) b) The hinge point of proposed road shall be a minimum of 12 -above the 100 -year high water level (site within FMFCD boundary excepted) ( ) ( ) c) Runoff from the development should be kept out of natural swales which drain to downstream conds as much as practical. In any case, this mmol( should not exceed predeveloptrent itions. 9. Drainage: ( 1 ( I a) Provide AC gutter. dike or erosion controls at parts grace steeper than l%. ( ) ( ) b) The hinge point of proposed road shall be a minimum of 17 above the gutter 0owline. ( 1 ( 1 c) Spillway of drainage basin shall be a minimum of 6' wide and 2:1 maximum side slope. ( ) ( I d) Submit drainage and grading plan showing how runoff will be taken care of without musing problems to roads or offer propeNes If draining to natural channels. ( ) ( I e) Show contour lines or adequate elevations on the plan. 10. Minimum gotten slope: ( 1 ( ) a)0.15% for dirt guider. prefer 0.20%. ( 1 ( 1 b) 0.10%far concrete gutter, prefer 0.15% 11. Minimum structural secdom ( ) ( ) a) 0.17' AC10.35'AB10. 50' compacted native soil (95% compaction) on interior road. ( ) ( { b) 017' AC10.35'AB1050' compacted native soil (95% compaction) on existing County maintained mad Pushed stmctural section celculadons. 12. PM -10 Standards: ( ) ( ) a) Show pavement width to be a minimum of a 12' travel lane plus a 4' paved shoulderfcr ADT less than 3000. ( ) ( ) b) Show pavement width to W a minimum of a 12' travel lane plus an 8' paved shoulder far roadways with AOT greater than 3000. NOTE: a IT travel way with an AC dike may be used in lieu of me IT t 9' listed above. The dike must be mountable with a 4.1 max slope for parking or if a Type 'A' Dike Is proposed, Board of Supervisors approval is required fa prohibition of parking. 13. Traffic Engineering Design: ( ) ( ) a) Provide all supporting Information (auxlliary lane jumficali in, intersection control warrants, Speed zones and parking prohibition) NOTE: BOS approval is required for prohlbi0on of parking in excess or 200 fest in length. ( ) ( ) b) Show slop signs for cures streets that intersect hrough roatls. NOTE: Stop signs for cross Streets other than through roatls must be approved by the BOS. ( ) ( ) c) Reference plans to County of Fresno Improvement Standards, noffng design speed used. ( ) ( ) d) Show transition lenders based on the formula L=WS per Canters Design Manual. ( ) ( ) e) Show all bay tapers to be 120. ( 1 ( 1 ff Show and label all existing signing, empire and pavement markings within a minimum of 300 feet of the limits of oure"ction (Including steel name signs) and not whemer may are to remain, be relocated or removed. ( 1 1 ) g) Show, label and dimension all types of striping_ ( f ( f h) Show and Identify proposed appropriate signing and striping. Pug, 2 af4 ( I if Show all signs to be located in the fight -of -way and show Met May are adequately visible. ( ) ( ) 1) Show adequate intersection sight distance within right-of-wav for all intersections and driveways. ( ) ( ) k) Show all obstructions to be removed or tolerated to a minimum of 4- train the edge of pavement including utility poles. ( ) ( ) I) Provide 10 minimum clearance between edge of pavement and right-of-way unless Otherwise approved by this office 14. Traffic Signal Design: ( ) ( ) a) Provide G7 street name signs mounted on mast amts. ( ) ( ) b) Show all signals to have 12" LED. ( ) ( ) a) Show pedestrian signals except a rural locations without pedestrian traffic ( ) ( ) d) Show loop detectors to be instance In PVC contluit. ( ) ( ) f) Show all sinal conducmrspropriate loop ector spacing based on speed to be contend in cable(vehide-i'7�edestin r maximum speed ( ) ( ) 0 9 (v p s, ofpoll 40m ( ) ( f g) Show far signal intermediate to be 3 detective;minimum for (4 ll preferred) wird speed. v excess ant or f 40 of c. ( ) ( ) h) Show signal greet to be 3.5' minimum (4'preferred) tram edge of pavement or Face of curb, whichever is greater. ( ) ( ) i)Verify lM1atsgnal amities will be compatible with future Improvements. 15. Schools: ( ) ( ) a) Provide all Perri support data 1. Schaal Pedestrian study. a) Sidewalks. b) Suggested route to school. 3. Pedestrian volumes. 3. School attendance boundary. 4. On-site circulation far staff, buses, parents and students. 15. UtilWes: ( ) ( ) a) General notes should require a USA check, and a statement that any obstru eons in Ne roadway all be relocated outside the paved area ( ) ( ) b) Dtllity company pole relocation and required infrastructure Installation plans conesponds with proposed road improvements. 17. Other: ( ) ( ) a) Record drawings or certification of compliance (from Engineer of raced) may be required upon completion of the improvements within me mad dghtof-way. ( ) ( ) b) Review access points for compatibility with County road classification. ( ) ( ) c) Complete set of original plans should be submitted for County approvallsigning. ( ) ( ) d) Confirm notfladon to property owners. Page 3 oro PLAN CHECK PROCEDURES & CHECKLIST FOR IMPROVEMENT PLANS AND ENCROACHMENT PERMITS MAINTENANCE AND OPERATIONS DIVISION DEPARTMENT OF PUBLIC WORKS AND PLANNING Project: Engineer. Done N/A (Init.) B. Permit Issuance Conditions: Completed by: Date: ( ) ( ) a) Board of Supervisor's consent for any City RMV acquisition. ( ) ( ) b) Copy of recorded deeds for all R/W acquisitions. ( ) ( ) c) Board approval needed for new stop sign or signal installation prior to plan approval. ( ) ( ) d) Section A.17.e shodd be accomplished. Comments: ( ) ( ) d) Construction Schedule to induce time for utility relocation. ( ) ( ) e) Additional Requirements Nate: Contractor/Developer should be reminded that two (2) sets of the approved plans should be submitted to the County of Fresno Department of Public Works and Planning, Road Maintenance and Operations Division before any encroachment Permit will be processed. MI e!A51andwo1IDF11et%Iamp) Pun CK PROCsouassAM Page 4 of4 �w coots ,. Couchof Fresno p� +esb p DEPARTMENT OF COMMUNITY HEALTH FREgt� EDWARD L MORENO, M.D., M.P.H. DIRECTOR -HEALTH OFFICER December 14, 2007 999990999 L00014546 Will Tackett pe 302 City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackelt PROJECT NUMBER: T-5891. R-07-029, C-07-308. A-07-008. The McCaffrey Group PROJECT DESCRIPTION AND LOCATION: Proposes a 6474mi planned development subdivision on 130 -acres and associated rezoning located between West Gettysburg and West Ashlan Avenues, and between North Bryan and North Hayes Avenues. LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT. PLEASE LIST SPECIFIC MITIGATION MEASURES THAT YOU WOULD RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS. J AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result In significant adverse environmental Impacts. [X) A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be instigated without further study or are not serious enough to warrant an Environmental Impact Report. [ ] NEITHER OF THE ABOVE INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS' The'ollowi-g additional infomaticn should be provided'. • Construction permits for the 647 -lot planned development subdivision should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116. • Construction permits for the 647 lot planned development subdivision shaald be subject to assurance that the Oily of Fresno mammunlly water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services, Division of Drinking Water and Environmental Management lDDWEM). Formate Information cell (559) 4473300_ Dedicated to Community Hai 1221 Futon Mall / Finn Mx LtSi Fresno, California 93775 / (559) "a3201Es 1559) ads 3370 Equal Emplaynsint OpConunity' ARPrtiative ARmn leyablod Emaidau mm.r,e5nonuman5erviCef ory Will Tackelt T-5891 The McCaffrey Group December 14, 2007 Page 2 of 3 • The Fresno County Department of Community Health Is concerned that abandoned water wells are not being properly destroyed particularly with respect to new development projects. As city boundaries expand community services are provided to areas originally served only by Individual domestic and agricultural wells. Improper abandonment of such wells presents a significant risk of contaminating the citya community water supply. For this reason, when development occurs, It Is extremely Important to ensure the safe and proper destruction of all abandoned water wells. Prior to destruction of any existing agricultural well(s), a sample of the upper most fail in the well column should be sampled for lubricating oil. The presence of oil staining around the well may Indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found in the well, the oil should be removed from the well prior to placement of IDI material for destruction. The "oily water' removed from the well must be handled in accordance with federal, stale and local government requirements. Transportation of these materials on public roadways may require special permits and licensure. The Department of Community Health is available to provide consultatian in cooperation with your city In order to encourage the proper destruction of wells and safeguard our water quality. City staff may contact Ed Yamamoto, Environmental Health Specialist. Water Surveillance Program, at (559) 4463357 for more information. • Appropriate measures should be Incorporated into the project to minimize potentially significant shodtermlocalized noise impacts to noise sensitive receivers caused by the operation of construction equipment Construction specifications for the project should require that all construction equipment be maintained defending to the manufacturers' specifications, and that noise generating construction equipment be equipped with mufflers. In addition. consideration should be given to limiting nois regenerating construction activities to daytime hours as specified in your municipal code. • The conditions as described In the "Conclusions and Recommendation' section on page nine (9) of the Acoustical Analysis prepared by Brown Banta Associates. Inc., dated June 1, 2007 & revised on November 8, 2007 should be accepted as mitigation measures for the project. Without these measures the proposed noise sensitive receivers will be subjected to a level of noise In excess of the Ca'y of Fresno Noise Element standards. CommenfisfiConderns Specific to the Proposed Rezone • Since specific tenants for this application have not been Identified, the full range of C-1 uses will be considered The potential adverse impacts could include (but are not limited to) storage of hazardous- materials career wastes, storage of medical wastes, and potential noise nuisances Recommended Conditions of Approval Specific to the Proposed Rezone: Shape a retail food establishment be proposed prior to Issuance pf building permits, the tenant shall submit complete food facility plans and specifications to the Fresno County Department of Community Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at (559) 445-3392 for more Information. Will Tacked T-5891 The McCaffrey Group December 14, 2007 Page 3 of 3 • Prior to operation, prospective tenants may be required to apply for and obtain a license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 2256334 for more information. Prospective tenants should be advised that construction and operating permits may be required by the State of California, Department of Health Services for wholesale food manufacturing. Contact the staff at the Division of Food and Drug at (559) 445-5323 for more information. • Certain uses allowed may utilize underground storage tanks. If such a use Is proposed, then prior to the issuance of building permits, the applicant or future tenants shall submit three (3) sets of complete plans and specifications regarding the installation of any underground storage tanks to the Fresno County Department of Community Health, Environmental Health Division. Contact the Certified Unified Program Agency, at (559) 445-3271 for more information. • Certain uses allowed may pullse hazardous materials or create hazardous wastes. if a tenant with such uses is proposed, then prior to occupancy the tenant shall complete and submit either a Hazardous Materials Business Plan or a Business Plan Exemption fano to the Fresno County Department of Community Health, Environmental Health Division. Contact the Cedified Unified Hazardous Program Agency at (559) 445-3271 for more information. All hazardous waste shall be handled In accordance with requirements set forth in the California Health and Safely Code, Chapter fi5. This chapter discusses proper labeling, storage and handling of hazardous wastes. • Future tenants may be required to obtain a Medial Waste Permit from Us California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information. REVIEWED B Glenn Allen, Envlr nmental Health Speualist III (559)445-3357 ga cc. Ed Yamamoto, Environmental Health Division 15991 This meean.er reep January 7, 2008 Department of Toxic Substances Control Maureen F. Gorsen. Director 8800 Cal center Dave Sacramento, California 95826-3200 Mr. Will Tackett City of Fresno Planning and Development Department 2600 Fresno Street Fresno. California 93721 EARLY CONSULTATION FOR THE A-07-008; R-07-029; C4)7-308 & T-5891 PROJECT ScH 92007121045) Dear Mr. Tackint The Department of Toxic Substances Control (DTSC) has reviewed the document described above mat proposes milli residential housing on agricultural land. DTSC recommends that research be conducted to determine whether pesticides were used on the proposed development site. The site should be evaluated to determine if and where storage, mixing, rinsing and disposal of pesticides may have occurred and whether contamination exists. In addition, although DTSC does not regulate pesticides legally applied to crops, if pesticides have historically been used on the property, we strongly recommend that these areas be tested for environmentally persistent pesticides such as organic pesticides and metals prior to development. The results of any testing should be evaluated to determine if concentrations present in soils wall be protective of residents and workers. Please contact me by emall at cr pov or by telephone at (916) 255-3710, 0 you have any Questions. SrFereiy, Tim Mlles Hazardous Substances Scientist cc: Planning& Environmental Analysis Section (PEAS) CEOA Tracking Center 1001 1 Street,22nd Floor P.O. Box 808 Sponsorship, California 95812-0806 0 pith&d"ri"deopapar Mr. Will Tacked January 7,2006 Page 2 Go. State Clearinghouse Office of Planning and Research 1400 10th Street, Room 121 Sacramento, California 95814-0613 Mr. Tim Casagranee, Deputy Director Fresno County Community Health Department 1221 Fulton Mall, Third Floor Fresno, California 93775 V� Dec mb�IL3pP1on RESOURCE. WATER Mr_ III ill Tnckeo Cit) of Fresno Planning A Developrohn Department 2600 Fresno Error% Thud Flout Fresno CA 93791 3604 OFFICE 44 TELEPHONE 1559)eelatet off (SRI metal AVENUE FRESNO, CALIFORNIA Islas NO HECEIVED DEC 14 2007 Minolta 0'.vlal01 Phronr9 a orvempmem Dept Cliv OF FRESNO RF VTTNI 5991.A -0i -008.R-07-029 mrd C-07-308 North of Ashlon mGettysburg Avenue between Haws and Aryan Avenues Deur Nn Tui The Fare toI n Dist cY (FID) hu ewed the Vesting Ieatative Timor Map No. 5891. Common Ilse Permit C-IPdU8, Rezone Application R-07-029 and Plan Amendment Application A-07008 development l0oaed North of Ashton to Gettysburg Avenue between (laves and Aryan Avenues which baa no mp;au on any of F'ID's facilities. FID approves the proposed development with the following Condition Y ID dues and own. operate or maintain any facilities located on the appheant's property. I10 lo,lpi Ilandva. mpacts from the approval of the subject proposal. 3 For informational purposes, 9 prir a pipeline known as the Wheaton No. 518 traverses the ...izvo propertiesshown r the enmlosed map. HD suggests the developer and/or the developer- Dinner FID m their earl rem con, froze m durarmin: dthis private pipeline an IN, aeareones. I For 'mOmnuuOnal proposer. a picture pipelbe known as the Gopher flolr Na 481 rvm north to ,oro on the eamode ,f J LaI Avcmrc as shown on the enclosed ;nap Turd yen forsuhmiving this for our review. ase Plafeel free hr contact me wah any questions o aneemral 2337161 rteasiaa pl orabloe ahe5nurnzalirroom. Snevb Alocm Fngi;mnrndg ratihr;..da;; IJ Flo, n o I Axel Nesll les;-2YC4,-0rq. AAi.WS has, 3 a CENTRAL UNIFIED SCHOOL DISTRICT rb OPERATIONALSERVICES oQc 9e` 4805 North Polk AvenueueoFresno snoCalifornia (55 93722 276 Phone: (559) 274-4700 ex[. 105 • FAX: (559) 27F8818 Bert Contreras, drmar - operational services Fa[Intlm nota Manayar eld' narWq,, W00a C,Me Manpm Diana Xuawbr Tnmpm DiMbw Diva eml, Fetlnam Mannim MnM January 23, 2008 City of Fresno Development Department— Planning Division 2800 Fresno Street Fresno, CA 93721 Fax. 488-1020 Ades: Will Tackettri-, f aloes- i carr Subject: TT 5891 (R-07-298 C-07-308) Central Unified School District has the following cpm itions/comments for the some projects): Condition of approval 1. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resclution adopted by the Central Unified School District, pursuant to Government Code section 85995 and Educational Code section 17820, prior to building permit issuance. 2. Install concrete sidewalks/curbstgusem on both sides of the interior streets for the proposed project In a manner consistent with the existing subdivisions in the area and to City standards. 3. A school bus stop shall be constructed on the wast side of Hayes Avenue within the subdivision frontage per attached! specifications. Comments The proposed project will add approximately 373 K thru 12a grade students to the District's average daily attendance. The following chart identifies the breakdown Per grade level. m rxmswmwn _ a o� IEra.swnnmwx m, e.*u*+,re.a.om.aMsn. arum muawmMmmm- uwn+a.ar�ercsr`„ Ae a UYlZa TT 5891 1/23/08 Page 2 of 3 Number of lots I units = 647 Grade Level: N of Students Generated K6 grade students 232 7-8 grade students 61 8-12 grade students 79 TOTAL K-12 grade 373 The District will be caused to accommodate these new students short tens at the schools of attendance indicated below. To offset the cost to house these students, the District currently levies development fees of 34.15 per square fool for residential development and $0.42 per square foot for commercial / irdustnal development. Bus transportation may be provided to students in accordance with District policies in effect at the time of enrollment. Currently, bus transportation is provided! for • K -V° grade students residing at least one mile ormore from their school of attendance; • V-12 grade students residing at least two miles or mora from their school of attendance. The District is an advocate for safe walking mutes. Sidewalks will be required along intenor neighborhood streets and major exterior streets to provide the necessary identifiable boundary beN+een students and traffic, and provide a safe place for students walking to and from existing school sites and bus stops. The District acknowledges that per the above transportation policies students from this tract will most likely walk to their respective schools of attendance located at the Educational Center which is adjacent to this proposal at we southwest comer of Gettysburg and Bryan Avenue. Construction of the Educational Center has started with the completion of the elementary school phase. Depending on the timeline for construction of the proposed tract 5891, subsequent phases of the educational center will be completed and are described in mare detail below. However, until all phases of the educational ranter are completed the current school of attendance information is provided: • Elementary School Information. School Name: Harvest Elementary Address: 6514 W. Gettysburg Avenue TT 5891 1/23/08 Page 3 of 3 Middle School Information: School Name: EI Capitan Middle School Address: 4443 W. Weldon Ave. High School Information: (a) School Name: Central High School — East Campus Address: 3535 N. Cornelia Ave (b) Currently, Central High School - West Campus Is a mandatory attendance 90 grade school with optional programs for grades 100-120. The District appreciates the opportunity to comment on above project. Should you have ques0ans or need additional information, please contact me at 559-2]44]00 x154 or hcontmras(olcenbalusd k12 ca us. Sincerely, � Bert Contreras Director, Operational Services co: David Deal FILE TAIVO`i SCHOOL SUS TURNOUT BLUR CIMEN"FLYNN FOR CONS GL NG ENGINEERS COLLECTOR AND LOCAL STREET �I 1Ot1 E200810000122 CffV OF FRESNO MITIGATED NEGATIVE DECLARATION (IdLevdwej r nidal Study is an file In the Planning and ENVIRONMENTAL Li Development DelaarlmanL CM Nat ASSESSMENT NUM u U 26N Fresno Smash, Fresge, Cetfornie 93]2[ A_0]-Ofl/RA]-2t, (559) 621-8271 A 07-0819 7.29 PAR 13 2008 APPLICANT: The McCaffrey Greup ASSESSDR'S 7020 Van Ness Houlavard PARCELNUMBER(S); Fresno. California 93]11 3114170-01, 0], 17, 19, 39, 40, 50. 54 PROJECT DESCRIPTION AND LOCATION. Flied with; Dirk Poeschel Land Development Services, Ire., on behalf of Ne Fresno County Clark McCaffrey Group, has filed Plan Amendment Application No. A-07-06, 2221 Kem Street Rezone Application No. P-07-29, Conditional Use psmW Application Friend, California 93]21 No. C-07-309 and Vesting Tentative Tract Map No. 5891/UGM Witching to approximately 126.89 grass acres (122.93 net acres) W propany located between West Malan Avenue and the West Gettysburg Avenue Alignment; and, between North Bryan and North Hayes Avenues. The plan amendment application propos" to ameM the 2025 Fresno General Plan and West Area Community Plan by relocating a Neighborhood Commercial planned portion of the subject pmparty, from the southwest comer of the intersection of the West Gettysburg Avenue Alignment and North Hayes Avenue to the north side of West Aahlen Avenue between North Bryan and North Hayes Avenues. This relocation will Involve redeagnating the respaclive partlons of the subject propeM hero the Neighborhood Commercial planned land use dewigraton to the Medium Density Residential planned lend use assignation (approximately 10 acres g and. from the Medium and Medium -High Density Re3ldemial planned lend use designations he the Neighborhood Commerc5a planned land use designation (approlumately 5 aues). The Plan Amendment application also proposes to amerld the 2025 Fresno General Plan, Ill Purpose Trail Plan by relocating the bicyclaleadestdan tral alignment along the West Gettysburg Avarua Allgnneent and North Bryan Avenue. Rezone Application No. R-07-29 a a request to rezone the subject site from the PR (Rural ResHlliewi /Fresno Coulto zona district t0 the R-1NGM (Single Family fleslderroeYUAan Growth Mera9emerd), R-2/UGM (Low pensiry Mulnes Family fiesidenfiazinoan Gmefh Management), and C1NGM (Ne11MIX)hoo0 Commercial Shopping CenlerNroan Growth Managemeng zone distdcta. Condmona Use Permit Application No. C-07-308 arta Vesting Tentative Trent Map No..581I1NGM request aulhorhallon for the development of an approximately 676 -lot earned development oretwision on the subject propery wall approldmately 646 dwelling units, tour commercial build' e and approximately 26 outlets designated for landscape and common access uses. A potion of the project site is proposed to be detached from the Nodh Cartel Fre Protection Dlsdict and the Kings River Conservation Dianna and annexed to the City of Fresno; mese actions are under the junsisheon of the Fresno IAcil Agency Formation Commission. As pan of this project, it is ase required that the City of Fresno and Preacher County approve findings to ¢ural Agricallura Land Conservation Contract Nos. 1250,1251, and 1INS. ^Ge=p.2) The proposed project has been evaluated wl'M respect to each Item on Me attached environmental checklist The completed checklist relates comments of any applicable responsible agencies and research and analysis conducted to examine Ma interrelationship between the proposed project and the physical en menti The information contained In Me Environmental Assessment Applicator, the charcidet and any stoonments to to checklist, combine to form a record indicating Mat an hill study has been completed in compliance Win to State CECA Guidelines and Me California Environmental Duality AC., Any rating o1 `2' on the checklist indicates net a Spa tic adverse environmental effect has been !denefued in a category which Is of suff 'ant magnitude to be of concern. Such an effect may be inherent In the nature and magnitude of the pmjem or may be related to :he design and characteristics of the Indlvlduel project. Effects rated in Mus manner are not suf dent In Mamsove5 to require the proportion of an EnNmnmantal Impact Roper andfor have been mNgated to Me anent feasible. All new development acnvlry and many non-physical projects contributes directly or indirectly toward a mutative Impact on the physical environment The incremental affect contributed by this project toward such a cumulative emot'a not considered substantial In bus. The proposed protect Is not expected to recut in arty significant adverse effects In Terme of Me factors considered an the enVuonmental checMusl, including any such factors for which minor effec:a have been Ide otwo Cumulative stood of a signif orim nature we also net expected The proposed project wit not cult In any adverse eflacts which fall within to 'klandatory Findings of Significance contained M Section 15085 of the State CECA Guidelines. The finding ks therefore made Mat the proposed project will clearly not have a significant adverse effect on Me environment Ti Mitigated Negative Declaration will to deemed final and effective f los oppeal la filed In Me mazu!e' specified by Section 12-505 of Me Fresno Municipal Code. INfTIAL STI PREPARED BY: I SUBMITTED BY: WW Tacked, Panner << DATE: January 05, 20013 Darrell Unarm. Planning Manager PLANNING AND DEVELOPMENT DEPARTMENT +1 See aRachetl revised. Project llescriPtion CITY OF FRESNO AMENDED MNIGATED NEGATIVE DECLARATION (Addendum Project Description) Amended in accoff BWW1 Section IW73.5(c)of(he Initial Study is on file in Ne Planning end Errvironmental Cali/ornia Environmental Development Department, Clry Hall Assessment Number Quality Act (CEOAf 2600 Fresno Sheep Fresno. Caltlornia 93]2"1 A-07 M/R-0]-291 Guidelines. APPLICANT; The MCCeHIey Group Asslnsols 7020 Van Ness Bouleveto Perr t Numbens): Fresno, CA 93]11 512-9]0.01, 07T 17' 19, 29. it 39, 40, 50 854 JJECT DESCRIPTION AND LOCATION: Fded with: Fresno County Clerk Foeschel Isnd Devalopmmt Schram. Inc., on behalf of the bill:rey Group. 2221 Kern SVa rt Illed Plan Amendment Appf tbn No. AL] -06, Peaone Appliafien No. P -m- Fresno, GA 93721 Corel Use Permit Appliation No. C-07-300 and Visiting Twoutive Tract No, 5891NGM pertaining M approximately 125ea gross cores (1]2.93 net .a) of propeM locates between Wen roman Avenue and the WOW Ge4ysburg num Alignment and, batween North &yan and North Hayes Avenues. The Clan ,1m Wool monose¢ to am" He 21125 Fresno General Plan and West Area CommuruY Plan by rear ting Wroddemately hiss soca and removing eppr ssidedy three acres or Me apprwdinmely tervasra Neightwrhwd Commercial palmed podion of Me subject property. The apprmlrrvlely one victim of nag errom tl commercial Planed property, N1eh Is Proposed to be relocated, a moment W be stormed love Me souNw2st comer of Me intersection M th west Gettysburg Avenue A isment aro NOM Hata Avenue to Me nor ape W Wood hoof Avenue between NOM BMn and Nonh Rayer Avenues. Tva prommd mission and removal N p1ward! neighborhood commen W am Mil mvoNa Detriments] ignt ]B Me tespecrd poM1iOns of Me auto emany rmm ra Nii9NwrnWb Contest an planned WM n useto6 Me Mecium Delthe Perim and Planned HIgh use migration arena) (approximately 6 oundwontaeQ hen Me M W end Neighborhood Commercial al Perfect planned sign one deaBnetions M Ma Naghbmb me CommemW planned (entl use sto amend! (he N25mres 6 Genn). The Plan Amendment res application also nal the nets Me 2025 Fresno General Plan, mm Werpose Tmil Plan by s radial the b North Bryon Vail .counts alignsivent along Me West GenysbusB Avenue Alignment he NOM $IN HAvenue. Pezme Appfraster No. P -0T -do is a capons to remne Me submit sire tom en hs (fluml Fesmenriel IFrnano Cowell zme SaViut to Ma P-1NGfNa (SIngN Family nriaN4Mn Gm sen ManagemenNMM wneMore or Eonlrgl, n Density Multiple rdmiry FesidemieWrban timeor ManagemenJanh e of mn/ngf, and C-1NGWcz (NaphborMcd Commercial Shopping Nhas Groats Marogament its conditions of zoning) tons connon- onal Use Parmlt Application Na. C-07-308 eM Vesting Tensit Thus Mad 3INGM request authMzell tot the dif elopmers 0 an appoeimamlly 675 red development suWNiaon on the subject property win appmximalely 646 g units. lour cssmnwclal towel and appmximateN 26 Quirm deslgnatad Pape ecu the North Co mese. A poem nr tM Corsi and cite Kinds River e ktacned from the sum ed to M Fre Protection Diame entl the pugs Pivn tenon Direct F end summed M Ne Lie r Fresco; Mese dCGotu under the tion pl and Foca Leal Agency F Fiber Lod imloo As pan pjove 1 Is eko Atheretl host the City al RaanC and Fresno County soavesd a to renal Agticulmral Lend Gonservallon Contren alas. 1250, 1251, entl se Fresno City CounnL The Divorcement Agreement will CRY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT- INITIAL STUDY MARCH 13,2008 ENVIRONMENTAL ASSESSMENT NO. A-07.OB/R-07-29/607-308/T-5891 PROJECT DESCRIPTION Plan Amendment Application No. A-07-08, Rezone Applicatlon No. R-07-29, Conditional Use Permit No.d 07-008, Vesting TenMBVe Tract Map No. 5891, and Environmental Assessment No. A-0]-O6A-0)-2lVC-0)- 308?-5891 have been filed by Dirk Poeschel Land Development Services, Inc., on behalf MMe McCaffrey Group for approximately 126. 89 gross acres (122.93 net acres) of property loured between Weal Ashlan Avenue and Me W eat Gettysburg Avenue Align may; and, between North Bryan and North Heyes Avenues, Pian Amendment Application No. A-07-008 is a reduce W amend Me 2925 Fresno General Plan and Me West Area Community Plan from Me Neighbowwod Commercial planned land use des nation M Me Medium DensityResidential planned lard use imagination (104 -acres, APN[s]-pardonoi 311-070-39; 311- 070.29, 32) and Medlum Density Residentlal and Medium -High Density Residential planned lard use designations to the Neighborhood Commercial planned land use designation (5N- acres, APN- portion of 311-0]050). The plan amendment also proposes to emend Me Cly multi-laUWse trell plan by deleting the blkerpetlesbi in trail allgnment through the noMwest eras of Me ate and relocating same along Me Wast Gettysburg and North Bryan Avenue alignments. Rezone Application No. R4)7-029, requests authorization to change Me zoning for the subject property ham the RR (Rural Readentiel, Fresno County) and R-11UGM (Single Family Reaiderem Wasom Growth Managemen), R-2NGM1Low Density Mulaple Famly Regia mWrban Growth Managerti and C 1NGM (Neighborhood Shopping CenrawLItt in Growth Menagemeng zona districts to the G1NGM 07650) and Me RAMOM (Singm FFan�mR MnsManaeeWrte Growth Afzone distmenaNemend) PN -pod G M(Low g y gemeng and R -MGM (Law 070-01.OTDonsitystfulEpse Family48, 50 ntleWrben Growth MnagemanQ mnedbdcN (125H -scree, APN[e]-311- O]0-01, 07, 17, 19, 39, A8, 59 $ 54). Conditional Use Permit Application No. C417-308 and Vesting Tentative Tract Map No. 5891NGM request authorization for the development of an approdmately 678 -IM planned development subdivlslon on Me subjectproperty. APproximatey606dwellingg unite are preposedev to bedelopedn singlefamily rommortel lots with reduced lot width, rot depth, and bulltling seMadt development slandaNe; and, public allay vehicle and pedestrian access. Four Commercial buildings are proposal to be developed on Me subject property ON approximately 28 outiots are proposed to be desgnated for landscape and common access uses. A carbon of Me project site LS proposed to be detached from Me North Central Fire Promotion District and Me Kings River Conservation Dlefdpl and annexed Mthe Ciry0 Friend; Mese actions are under" judadktkin of Me Frosrw Local Agency Formation Commission. Its also required Mat Me Cly of Fresno and Friend County approve findings to cancel Agricultural Lend Conservation Contract Noe. 1250, 1251, and 1229. These same necessitate routing 0 Me projects proposed environmental finding through the State Clearinghouse. The subject property is currently being used for agricultural purposes and has been developed with single family residences at rural deruNes. Property directltlyy to Ma north m Is rel residential with one single family resldentlel dwelling unit. Propertyta Me seat Isdevefoped a th an urban angle family readental subdivision. Properties to Me south and west have been developed with single family resdantial dwellings at rural INITIAL STUDY Environmental Assessment No. A-0]-OB/R-OZ2B/C-W�OB/RSBBI March 13,21X6 Page 2 residential densities. BORDERING PROPERTY INFORMATION 2025 Fresno Demand Plan Muter Environmental Impact Retort (MEIR) No 1013e Staff has reviewed Me above referenced project propceal and consultetl with affected agues and interest groups. The propmed Project has Won evaluated arm respect to Me provisions of the adopted W25 Fresno General Plan (Cly Council Reroluflon No.2002-3]B) anti WestArea Community Plan and the comesPorldlrg potential adverse environmental Impacts, adopted environmental Impact mitigation measures and determinations of Modeling considerabons established by Me cerebration of Me related hbeter Envimnmental Impact Report (MEIR) No. 10130 (City Council Resolution No. 2002-378). The proposetl project, which includes an amendment of Me adopted 2025 Freado General Plan and WBs1A se Community Plan has been detenninetl to not be fullywithin the scope of MEIR No. 10130 as provided bythe CNgomia Environmental Oualily Act (CEGA), as codified Inthe Public Resburms Cade (PRC) Sec11an2115].t (d) and the CEGA Guidelines Section 1517]). Based upon an analysis of the project, as summarized In Me following environmental assessment initial study, fi has been determined that to project may contribute to Me creation of certain mademte environmental a8ecis orthe project may be adverseyimpacted byexlsting conditions as addressed! below. However, Mese potential Impacts have bean determined to W equivalent to or Was Man those adverse Impacts Identified by MEIR No. 10130, It has been fuMerdatertninedthatall appldablembgefion measures of MEIR No. 10130 have been applied to the project, together wan project specific mifigation measures nemssarylo assure that Me praject will not causasignificant aArene cumulative Impacts, growth Inducing impacts and Irreversible signitimnt aged; beyond those identified! by MEIR No. 10130asprovded by CEGA Section 151761a). Therefore, it has bean determined Met the filing of a mitigated negative declaration Is appropriate in accordance with Me provisions at CEGA Section 21157.5(a)(2) and CEGA Guldellnes Section 15178(b)(1) arm (2). MEIR No. 10130 enminetl Me potental adverse environmental Impacts of Implementation of the 2025 Fresno General Plan, which provides plans and pollcies to accommodate projected population and employment growth through theyear2025. The City of Frestahaz0enirminetl Met specific ecorgmio, egad, social , technological and other consiEentions Well to Me implementation Of Me 2025 Fresno General Plan outweigh the unavoidable adverse environmental affects IdenMled In the Final MEIR, including any effects not mitigated because of the Infeasibility of mitigation measums and that Me identified adverse PMnnetlL Wj Use Existing Zoning Existing Use Mecum Density Raddentel AEEMUGM vacant North & Open SpacdPMdmj Eadusive Fire Acre AgdauhureVUdan & Resin GrewM Mere orf Rural HeaitlenM1el South Mesum Densly Residential AL-20(Capmy) poral geeitlentlel Llml rod FNe Acre AgnicuXunWrban R-1AIGN East Mecum Dencay Residential Swinge FamAy ReaMemiaWroan Gmiad Vacant/Agricultural Ma Medium. Med1um-HigM1 AE5e1GN i. Rural West Denary ResidElemenha Bchool Exdusire Frye AcreagivriamWNan Raeltlantial&Eementery RMW MW & Ede Facili IEkmene Stool Growln Mona t I 3chcol 11 2025 Fresno Demand Plan Muter Environmental Impact Retort (MEIR) No 1013e Staff has reviewed Me above referenced project propceal and consultetl with affected agues and interest groups. The propmed Project has Won evaluated arm respect to Me provisions of the adopted W25 Fresno General Plan (Cly Council Reroluflon No.2002-3]B) anti WestArea Community Plan and the comesPorldlrg potential adverse environmental Impacts, adopted environmental Impact mitigation measures and determinations of Modeling considerabons established by Me cerebration of Me related hbeter Envimnmental Impact Report (MEIR) No. 10130 (City Council Resolution No. 2002-378). The proposetl project, which includes an amendment of Me adopted 2025 Freado General Plan and WBs1A se Community Plan has been detenninetl to not be fullywithin the scope of MEIR No. 10130 as provided bythe CNgomia Environmental Oualily Act (CEGA), as codified Inthe Public Resburms Cade (PRC) Sec11an2115].t (d) and the CEGA Guidelines Section 1517]). Based upon an analysis of the project, as summarized In Me following environmental assessment initial study, fi has been determined that to project may contribute to Me creation of certain mademte environmental a8ecis orthe project may be adverseyimpacted byexlsting conditions as addressed! below. However, Mese potential Impacts have bean determined to W equivalent to or Was Man those adverse Impacts Identified by MEIR No. 10130, It has been fuMerdatertninedthatall appldablembgefion measures of MEIR No. 10130 have been applied to the project, together wan project specific mifigation measures nemssarylo assure that Me praject will not causasignificant aArene cumulative Impacts, growth Inducing impacts and Irreversible signitimnt aged; beyond those identified! by MEIR No. 10130asprovded by CEGA Section 151761a). Therefore, it has bean determined Met the filing of a mitigated negative declaration Is appropriate in accordance with Me provisions at CEGA Section 21157.5(a)(2) and CEGA Guldellnes Section 15178(b)(1) arm (2). MEIR No. 10130 enminetl Me potental adverse environmental Impacts of Implementation of the 2025 Fresno General Plan, which provides plans and pollcies to accommodate projected population and employment growth through theyear2025. The City of Frestahaz0enirminetl Met specific ecorgmio, egad, social , technological and other consiEentions Well to Me implementation Of Me 2025 Fresno General Plan outweigh the unavoidable adverse environmental affects IdenMled In the Final MEIR, including any effects not mitigated because of the Infeasibility of mitigation measums and that Me identified adverse INITIALSTUDV Environmental Assessment No. A-0]-0BIR-0]-29IC-0]31>BR-5991 March 13, 2008 Page 3 environmental eXecls are considered acceptable. It has been determined that the proposed project will contribute to the creation of insignificant environmental affects compared to the development of Me medlum and medium-high density residential planned land uses and neighborhood commercial planned land uses analyzed by the 2025 MEIR or Me project may be adversely impacted by emvironmental situations addressed! below. The fallowing impacts were identified by City Council Resolution No. 2002-378 cengyMg Final MEIR No. 10130 (2025 Fresno General Plan Update) as significant bol mNgeble effect: 1. Impact on Water Supply. Ouaty and Hydrology. 2. Increased Demand for UBIMes and Service Systems. 3. Increased Demand for Public Services. a. Increased Demand for Recreational Services. 5. Loss of Biological Resources. 8. Potential Disturbance of Cultural Resources. ]. Geology and Sails Impact. S. Increased Demand for Energy. 9. Potential Aesthetic Concerns. In addition, Resolution No. 2002-378, also Idem lies Me fallowing movements significant Impact and statement of overriding considerations for Mese impact: 1. Transportation and Circulation- The vehicular traffic levels of amace(LOS) of E and F projected for Asblan Avenue and the Hemdon Avenue Expressway and other dentified major Street segment ere considered a significant and unavoidable adverse Impact whkh can not be completely mi gatd. Funhermore, Mere ere no reasonable mitigator measures available tounlythe Cityof Fresnowhloh would reduce Mt Impact to a less than epnificant level whit allowing for Me Implementation of other appropriate alternative minspmttfan tcilifes. 2. Alr Ouatity- The adverse air quality impacts associated with Me myriad of activities associated with Me long range general plan for Me Fresno metropolitan area can be expected to be significant and unavoidable, and cannot be completely mitigated. Furthermore, there are no reasonable mitigation measures available only to Me City of Fresno which would "sure the reduction of air quality impact to a less then significant level. In oderto provide a sullable living onvironmeM within to mebopol8an area, Me plan strives to facilitate expanded ecenomic growth Mal well support increased employment oppodunitrs 3. Preservation of Agricultural Land- The conversion of agricultural land to urban uses within are planned boundary ro accommodate to projeclad population and employment growth of to 2025 Fresno General Plan is a sgnifkant and unavoidable adverse Impact, which can not be completely mitigated. Furthermore, thea are no reasonable mitigation resonance available only to the City of Fresno which would amours Me reduction of impacts upon agricultural berm whin Me planned urban area toe bees Man signMcant level, while also allowing for prudent planned development to accommodate project population and employment grown. C Note- The Mnumerable activities associated with urban living environment typically Sanest noise that contributes to the ambient nate levels that occur within the community. The MEIR identifies numerous mitigation measures Intended to reduce the impact of Increased nolse upon sensNve land uses. The 2025 Fresno General Plan, as Me project, also specifies numerous general plan goals and Implementing objectives and policies directed to reducing exposure to excessive noise levels. However, sufficient mi9gaticn measures are not reasonably available only to Me City of Fresno, whkh would assure Me reduction of nolse impacts to less Man a significant level. INITIALSTUDY Environmental Assessment No. A-07-0BIR-0)-2SIC-0)-30ST-5891 March 13,2008 Page 4 In addition to MEIR No. 1013U, other environmental documents have been corigled for major puW facilities M accommodate populallon growth and urban development including Final EIR No. 10118 fFrean lovas Regional Wastewater Treatment and Reclamation Facility Capacity Expansion) and Final EIR No. SCH 9SOU029 (Fresno Metropolitan Water Resources Management Plan). These environmental Impact analyses and conclusions, together will supporting fecnnical studies, further address the impacts of population growth and We mosssary public facility capacity expansion assocbted with the urban development Chet will accommodate Me growth projected by the 2025 Fresno General Plan. To Me extant that these referenced environmental Impact analyses, conclusions, findings and mitigation measures are applicable to the subject project May are Incoryoreted herein by reference, pursuant to CEGA Guidelines Section 15150. RAPHIC. SOIL. GEOLOGIC CONSIDERATIONS Thereare no geologic hexa rds or unstable soil conditions known to exist on Bre site. The existing topography Is relatively gat with no apparent unique orsignficant land forms such as vemal pools. Devebpnrentol Me progeny regdres compliance whit grading and Manage standards of the Cly of Fresno and proem Metropolitan Flood Control District Standards. Grade differentiate at property Innes must be Iimtted to one foot or less, or a crossdrainage covenant must be executed with enacted adjoining property owTrers. No adverse environmental attests related to topography, sods or geology, are expected as a result M this project. �1t43Lw%A8•Z9S9_DIE aITT I ii,11, [EI3 The project site is located in Fresno County and within Me San Joaquin Nr Basin. This region has had chronic nonanamment at fetation and state clean air standards for ozone/oxidants and particulate matter due m a combination of topography and climate. The San Joaquin Valley Is hemmed In on three aides by mountain ranges, with prevailing winds carrying pollutants and pollutant precursors from urban@ep areas to the nowt (end In tum contrbuting pollutants and precursorstotownwinianbasing. The Medllerraneanclimate ofthis region,with a high numbero sunnydays and Imle or no measurable precipitation for several months of Me year, fosters photochemical reactions In the atmosphere, creatfng ozone and particulate matter, The San Joequln Vail" UnXled Air Pollution Control District (SIVUAPCD) a Me local regional Jurisdictional entry charged with attainment planning, me making, rule enforcomeM, and monitarirg under Federal and State Clean Air Ads and Clean Air Ad Amendments. The California Air Resources Board (GARB), a consonant of Me California Emoronmental Protection Agency, sols mandate dr quality standards and stands statewide air pollution school measures such as standards for o8 -road vehicles, smog testing requirements applicable to on -mart vehicles In Me vatous air basins In the state, fuel formulation requirements for Celttgmia and so forth. CARB evaluates and app roves ado pollution attalnmem plans proposed by locaVregional air pollution control agencies In Me date. The U.S. ErMranmenfel Protection Agency (EPA) eels national amblent air quality standards and is Me agency which hes ultimate approval authoriy for air qudhy attainment plans In air lesions which have chronically or seriously failed to attain the federal dr quality standards. Tradtionaly, EPA has set the on -road emission standards for vehicle manufacturers. In recent years. More bed been some overlap and dispute of Me respective authorityol CARIB and EPA in the mother of on me vehicular emission standards. CARS has proposed to regulate overall carbon INITIALSTUDY Environmental Assessment No. A47-00IR-07-29I13-07-3087-5891 Match 13,2001B Page 5 emissions pursuant to state laws adopted to reduce'greenhouse gases; and Me federal agency has disputed Me stele's right to do Mrs. I -i igatlon on these Issues Is underway With respect to adopted air quality standards of Me United 5tates Environmental Pretedlon Agency (EPA) and California Air Resources Bead (GARB), Me San Joaquin Valley Air Basin has been classified as follows: Ozone: The San Joaquin Valley Air Basin a classified as being In "Serous Nonafialnmanf status underthe Federal'Nonade diem' under to State StMur standar, and 'Severe Nonatte inmenr under the State 1 -hour standard. The SJVUAPCD grumbling Mar and CARS have approved a designation of "Extreme Nonattalnmenf for the federal Mur ozone slander, wfikh wasforwaded to Me EPA MrraMrcafion; however, Me EPA's rulemakingandcamment precessurwt yelwmpkla so the 'Extreme Nwaflalnmanf designation is not yet in effect. An Ozone Allotment Demonstration Plan (OADP) has been prepared Identifying emission reductions and additional air pollution control Rules needed M attain that air quality standard by 2023. Particulate matter: There written regulated categories of this pollNant PM -00, condsting of paincles less Man 10 microns in diameter, and PW2.5, composed of parches than 25 microns in size. A -Serous NonetlalnmenY rating for federal PM -10 class iwtlw Is still In force although Bre Basin's=tittodng results have demonstrated Altainnrent wiffl this standard; Me Serous Nonatf unment rating will ramaln In effect unfit Federal Clean Air Ad Section 107(d)(3) requirements are met. The Basin's PM -10 classification under state standards names 'Nonattamment.- The Main has been chusgled as being in 'NonafieinmenC far Me 1997 federal PM -2.5 mantlad and for the State PM -2.5 standard, with an allinmad demonstration plan for Ma federal 1997 PM -2.5 standar scheduled for adoption In mid -2008. The District has not yet been clesstllad under Me federal 2006 PM -2.5 standard (classification is expected by 2009). Carbon monoxide (CO): "Afialnmenf classification by EPA and CARS; however, Me Resume Urbanized Area was previously In non -attainment and continues to be monitored for maintenance of attainment status. Nlbogen Oxdem(NOX): 'Atlalnni rating by EPA aid'AffrommenY by CARS. However. NOX Is recognized and regulated as a major photochemical precursor for ozonelexidanl and palticulate matter poltutian. Sulfur Oxides(SOX): "Affammemr: rating by EPA aid'Abarnmenf by CARE. However, SOX recognized and regulated! as a photachemlml precursor to ozon f/oxidant and Pediculate matter pollution. Sudetes: No adopted federal standard; "Allainmenf classification by CARS ParOeulate Leed: No federal classelcationldesignetion; "Attainment' clan cation by GARB Hydrogen sulfide (112S): No adopted federal standar;'Unclass9lad rating by GARB Visibility Reducing Particles: No adopted tederal stabled; "Unclassliled- rating by CARD Vinyl CMorldw No adopted federal standad; "Attainment' classification by CARS. As a hazardous air pollutant and a " of reactive organic gas, generators of INITIAL STUDY Environmental Assessment No. A-07-01MR-07-29IC-07-308?-5881 March 13, 2008 Page significant levels of vinyl chloride would be regulated through SJVUAPCD permMing miss and reductions in IN emissions would be sought through allalnment plans for oxidantaturone and modernists matter. Exci edances of ozone/oxidant standards set by the U. S. Environmental Protection Agenq(EPA) and Callfomla Air Resources Board pdmanly occur during summer months, caused by the effect of heat and sunlight on ozone precursor; such as produce organic gases(ROG) and nitrates of oxygen (NOX). ROG and NOX are typically formed and bycombusean of (resit Mets In Internet combustlon vehicle engines, heating appliances, etc. Particulate matter axcou dances may also be caused by photochemical reactions, but are also caused by direct emissions such as those from fireplace end agricultural waste woodbuming, roadway II re wear, and fugitive dust (Me effect of wind on open areas of dlstumed soil, unpaved and! dlrNroadweys). Despite the dry climate and potential for dust during Bre summer, particulate metier axcaedances have occurred more often during winter months, additionable to moderated wocdbuming and colon plowdown activities. RazidentlelwoodbuminghasbeenpaMWly nailed by local building ordinances chat have prohibit fireplace and wood stove Installation in new homes since the Mary pad of this decade, and by woodbuming control miss adopted by to San Joaquin Valley Untied Air Pollution Control District (SJVUAPCD). DOMroI efforts over Me paeltlerade M1eve been alleviating particulate matter to the point where the Mass recent monftoring period Indicates attainment with the Federal particulate matter standard (formal approval of'AOalnmeM' status Is pending). The regcn's high incidence of asthma, particularly childhood asthma, Is primarily annual to ozone and padlcunte matter acceptances, but may also be In pan due to Me nature of the pollutants encountered in Me Valley, such as defoliants and palled aespciatad with agricultural ulcerations. Household exposures to tobacco smoke, allergens and respiratory Intents are also being Investigated as causal In the development of asthma. In response to the San Joaquin Valleys chronic nonattainment status for ozone and partkulam matter, Me San Joaquin Valley Air Pollution Control Di has adopted our Sandy mminment piens. Table VC -1 of MEIR No. 1013011sts me air qualityatteinment plana Met have been adopted by Me SJVUAPCD as of me date of MEIR ced i ication. The SJVUAPCD is expected to adopt in attainment plan for Me federal PM2.5 standard In April of 2008. Air quality attainment and implementation plans am periodically adopted add updated In response d area needs and federal and state mandates. These attainment and Implementation plans prepared In response to the hall Clean Air Ad are also intended to fulfill requirements of the California Clean Air Act, with emphasis on meeting California ambient air quality standards. The principal components of air quality afteenment plans wnment of data describing measured an consent add pollutant precursor levels in the affected region's artosphene; a baseline emisse ns Inventory for Me region; descriptions of control measures Mat will reduce More emissions; a future emissions Inventory Mat reflects decreases due to Implementation of emissions controls as well as Increases due b increesad population; add Me results from a photochemical anatyais model relating emissions to ambient pollutant levels, demonstrating Stlatement of the appropriate eland M at a Muds target date through Simonton and amendment of SJVUAPCD Rules and Regulalmne The SJVUAPCD's formal Rulemaking process provdes for public input and economic Impact analysis and regulates consumer products and activities contributory to air pollulk r; pennitting antl enforcement activities conducted "a WVUAPCD; and pubic education campaigns. SJVUAPCD also sponsors voluntary and incentive programs M provide for ecceMdated attainment. INITIAL STUDY Environmental Assessment No. A -07 -0 -07,291C -07-308/T-5991 March 13. 2008 Page 7 It Is the SJVUAPCD's strategy fo implement multiple tactics or control measures, focusing on not ono specific pollutant sources, but on overall transportation planning --which relates to fuming for major roadway construction and mess transit. The District's Indirect Source Review (ISR) Rule 9510, effective March 1, 2006, Is intended to encompass regional planning, transpottatlon syStem, and she mitigation Issues. The MEIR prepared far the 2025 Fresno General Plan requires Mat Mat Me most current version of Me URBEMIS computer model be used to analyte development projects and estimate fuNe air pollutant emissions that can be expected a be generated from operational emissions (Whistler traffic associated with the project), area -wide emissions (sources such as ongoing maintenance acavhles and use of appliances), and constrectl activities. The URBEMIS computer modal evaluates the fallowing emissions: owns precursors (Reactive Organic Genes (ROG) and NOX; CO,SOX,andpariculatemater. Project air quality Impacts are evaluated ushg Me SJVUAPCD's current version (2002) of the Guide for Assessing and Mitigating Air Gumity Impacts (GAMAOI), as updated by attainment plena, miss, and standards approved since 2002. For key pollutants and their precursors, the Threshold Levels of SignUmance, are expressed In tons per year in Table 2, below As required by MEIR No. 10130, Me Proposed project has been analyzed by City of FmmQ Planning Division staff using URBEMIS. The URBEMIS medal analyzed Impacts rekled to construction of 987 single-family homes and a 7 acre neighborhood Ped. The URBEMIS program requires information Inputs regarding pedestrian and bkyde amenities that will serve Me development, availability of public transit; steer He". act want fighting. The analysis also incomoretes mitigation measures boosted by Me City and feasibly Incorporated at His stage of project analyses. now mitigations Include watering of construction sites and unpaved construction roads Miss rimes day, reducing speed on construction roadways to 15 mph; and a pmhlbltlon of residential woodbuming. The fallowing URBEMIS analysis was done Win Intonation available at the current stage of project approval. Refinements to URBEMIS and its Inputs may yield somewhat different mal in tuare air qual8y Impact modeling. Pursuant to SJVUAPCD Rule 9510, the Indirect Source Review Rule, other mitigation measures may be applied during construction and would be incorporated Into Me prefect. When Me applicant completes Me Indrect Sousse Review Rule application, SJVUAPCD will prepare a more elaborate U ReEMIS analysts Incorporating more defined project Information Mat would be available at he special penult and construction permit levels of project development, sunt as Information relating to construction fleet equipment and other p all mingatian factors including enhanced energy efficiency measures such as added Insulation and solar equipment. All data In the following table is expressed in tons per year. INITIAL STUDY Environmental Assessment No. A-07-06R-07-29IC-07-3064-SB91 March 13, 2008 Page 8 Table 2: POTENOAL AIR QUALITY IMPACTS OF TRACT MIMMGM The URBEMIS 2007 model projections indicate Mel the proposed project could generate potentially signMcent levels far the emissions listed. The SJVAPCD hes developed the San Joaquin Valley 1991 California Clean Air Act At Quality Attainment Plan (AQAP), which continues to project nmentainment for the aboveawted pollutants in Me future. Thin project will be subject to applicable At District rules, regulations, and strategies. In addition, the construction phase of the project will be subject to Me San Joaquin Valley United! Air pollution Control District (SIVAPCD) Regulation VIII, Fugitive Dust Rules, related to the control of dust and One particulate matter. This rale mandates the Implementation of dust control measures t0 reduce Me potential for dust to Me lowest possible level. The plan Includes a number of strategies to Improve air quality including a transportation control strategy and a vehicle inspection program. In auction, Me District encourages Innovations In measures to reduce air quality Impacts such as energy eOlcleM building materlele and household appliances, as well as site design features including landscaping, Pedestrian and al l access features. The 2025 Fresno General Plan also recognizes the benefit W sound land use planning strategies in orderto mldgate the d"mriation of air quality wMm Me San Joaquin Valley and Fresno County. The 2025 Fresno General Plan MasMr Environmental Impact Refund (MEIR) No. 10130 (City Council Resolution No. 2 - 3]0) includes "Reasonabry Available Control Measures, which were adopted by Me Fresno COYCounci] on April 09, 2002 )resolution #2002-119). These measures include encouraging fund use patterns which support public transB and other alternatives modes of irensporla#on. In general, Mese measures would encourage lend use padems designed to reduce travel distances between related land uses (such as with mixed use projects) in order to facilities development Mat reduces dependence upon the single-oocupent vehicle. Accordingly, to measures also encourage and promote Ncycle and pedestrian travel to reduce automobile use and Improve air quality. The 2025 Fresno General Plan MEIR No. 1013o recognizes that tradesmen travel is quite feasible ler short shopping, business, school tripe and is foototed by Me Implementation of adopted ordinances and standards, Including Me Fresno Municipal Code, which requires Installation of landscaping along at major and local streets with estreat tree spacing of metres every 60 fast. The 2025 Full Geronal Plan and to West Area Community Plan major street design standards antl bikeway, plans provide for thorough distribution M alternative transportation Improvements. These facllties assure convenient accessiNiby to neghboRwod uses Including schook, perkl and commercial centers using a#emative ronvehicular moms of transportation. Neighborhood panic are acquired and developed with urban growth management fees, frequently located In conjunction with an elementary school site Mat unlimber related academic, ethletk, recreational, and other community acllvil that promote combined trip -making and oncourege the use of OG NOX CO SOX PMIO n Emissions 16.0 4.30 1].b 0.01 0.92 Emissions 8.11 1.28 355 0.00 0.01 =Emimlons l Emisslons 11.22 1623 134.00 0.CS16.80 perations] 19133 1].51 13].59 0.0916.8]opted Level of ance 10 10 100 27.3]514.6 The URBEMIS 2007 model projections indicate Mel the proposed project could generate potentially signMcent levels far the emissions listed. The SJVAPCD hes developed the San Joaquin Valley 1991 California Clean Air Act At Quality Attainment Plan (AQAP), which continues to project nmentainment for the aboveawted pollutants in Me future. Thin project will be subject to applicable At District rules, regulations, and strategies. In addition, the construction phase of the project will be subject to Me San Joaquin Valley United! Air pollution Control District (SIVAPCD) Regulation VIII, Fugitive Dust Rules, related to the control of dust and One particulate matter. This rale mandates the Implementation of dust control measures t0 reduce Me potential for dust to Me lowest possible level. The plan Includes a number of strategies to Improve air quality including a transportation control strategy and a vehicle inspection program. In auction, Me District encourages Innovations In measures to reduce air quality Impacts such as energy eOlcleM building materlele and household appliances, as well as site design features including landscaping, Pedestrian and al l access features. The 2025 Fresno General Plan also recognizes the benefit W sound land use planning strategies in orderto mldgate the d"mriation of air quality wMm Me San Joaquin Valley and Fresno County. The 2025 Fresno General Plan MasMr Environmental Impact Refund (MEIR) No. 10130 (City Council Resolution No. 2 - 3]0) includes "Reasonabry Available Control Measures, which were adopted by Me Fresno COYCounci] on April 09, 2002 )resolution #2002-119). These measures include encouraging fund use patterns which support public transB and other alternatives modes of irensporla#on. In general, Mese measures would encourage lend use padems designed to reduce travel distances between related land uses (such as with mixed use projects) in order to facilities development Mat reduces dependence upon the single-oocupent vehicle. Accordingly, to measures also encourage and promote Ncycle and pedestrian travel to reduce automobile use and Improve air quality. The 2025 Fresno General Plan MEIR No. 1013o recognizes that tradesmen travel is quite feasible ler short shopping, business, school tripe and is foototed by Me Implementation of adopted ordinances and standards, Including Me Fresno Municipal Code, which requires Installation of landscaping along at major and local streets with estreat tree spacing of metres every 60 fast. The 2025 Full Geronal Plan and to West Area Community Plan major street design standards antl bikeway, plans provide for thorough distribution M alternative transportation Improvements. These facllties assure convenient accessiNiby to neghboRwod uses Including schook, perkl and commercial centers using a#emative ronvehicular moms of transportation. Neighborhood panic are acquired and developed with urban growth management fees, frequently located In conjunction with an elementary school site Mat unlimber related academic, ethletk, recreational, and other community acllvil that promote combined trip -making and oncourege the use of INITIALSTUGv Environmental Assessment No. A-07-08111-07-291C-07.IVT-501 March 13, 2008 Page 9 nonvehicular modes of transportation. The project site is in an Urban Growth Management (UGM) area where fees are collected to ancestor for parks and/or other recreational facilities In the area. The subject development proposes Inconporetes a number of elements which are commitment with the adopted goals, objectives, and policies of the 2025 Fresno General Plan; and, strategies which utilize land Use patterns designed to reduce travel distances and encourage attemafve modes of Monaperlation to the endorsable through the integration and planned proximity of neighborhood commercial and Open space land uses. The proposed project incorporates notice of higher housing densities In areas served by Me full range of urban services— neighborhood commercial uses and community centers, public services; resulting in a complete and Integrated community containing housing, chops, work places, schools, parks and civic facilities essenfal to the deity Zile of the residents within easy walking distance of each other. In addition, the City of Fresno continues to plan end Implement the expansion of its fixed -muse bus public trasportatbn system In order to serve developing urban areas. Adopted standards and conditions of development recalls the provision of adequate bus stop facilities at appropriate manor street locations to facliXato future public transponellon services. FUMenmore, as noted above. NIS project will require maior mitigation under Rule 9510. This Rule moshcas for Incoryorellon of a wide range of mitigation measures Into projects, and levies fees for pollutants generated by development projects. The fees are used to Provide for regional air quality Improvements and mitigations. Specifcaly, Rule 9510 requires that operational (iramc-assoneted) and construction equipment emissions of projects be reduced by at least 32% and 45%, respectively. It should be noted Mat implemenlagon of Rule 9510 alone will not reduce Me prolechl potential emissions W reactive organic gases (ROG) below a level of sign icarce. In certifying MEIR No.10130 for the 2025 Fresno General Plan and Wool Area Community Plea Me City of Fresno adopted a Finding m Overusing Considerations for air quality, holding that generation of air pollutants IS an unavoidable significant impact tributary to population growth and the urban development necessary to house and employ the Increased population; acknowledging that, with present technology, It may not be feasiile to midgets Nese Impacts below a level of significance. Because this project is consistent with, and implements, the 2025 Fresno General Plan and West Area Community Plan, and because it does not Increase Me Intensity of development beyond Net cull Ined for the subject property In Mass plans, the air qualiy Finding of Overriding Considerations would appyto Nis project. In summery, the project as mithiated will not in and of ibaRsignficanfyimpact Iocalairquatiy. This project's proposetl design and mitigation measures, together with the implementation of the'Rasonabty Available Control Measures" (RACMI, as listed in table VC -3 of MEIR No. 10130, on all other applicable projects is expected to help the city Improve its overall air quality. However, a larger regional implementation of these measures is needed to significardly help the air Lain reach he air quality goals. Clmare Chance and Global Warming NSIobal res"Ing" is the term coined to describe very widespread climate change characterized by a me In Ne Earth's ambient average temperatures with concomitant disturbances In weather patterns and resulting altemfon of oceaic and terrestrial environs and biota. The predominant opinion within the scientific community IS that global warming Is currently Occurring, and Net it Is being caused review accetereled by human activities, primarily Ne generation of "greenhouse gases" (GHG). When sunlight strikes the Earth's surface, some of it is redacted back into spare a infrared nediefon. When Me net amount of solar energy reaching Earth's surface is equivalent to the energy nu lated beck into space, Mill Emnarnmental Assessment No.A-07-0Sr&07-2=-07�08N.W91 March 13, 2008 Page 10 the average ambient temperature of Me Earth's surface would remain more or less comment. Greenhouse gases disturb this equilibrium by absolving and reading Infrared energy, Mapping heat In the atmosphere— Me'greenhouse gas affect" no belief is that global warming is how occuMng because natural cation cycle processes (such as photosynthesis) are unable to absorb sufficleM quamNies of carbon Monte and! other CHID, and cannot keep the level of these gases under commit. It is believed that a combination of factors related to human ami such as deforestation and an Increased entral of GHG Into Me atmosphere, to causing global worming. Water vapor is the most predominant GHG, and is primarily a natural occurrence: approximately 85% of Me water vapor in Me atmosphere is created by evaporation from Me oceaca. The predominant types of anthropogenic greenhouse gases (Mose caused by human activity), are: • Carbon Dioxide (CO2), largely generated by combustion activities such as coal and wood burning and fossil Nei use In vehicles but also a byproduct of accretion and volcanic activftles; • Methane(CH•), known commonly as 'natural gas; is present in geologic deposits and is also evolved by anaerobic decay processes and animal digestion. On a ton -far -ton basis, CH4 exerts about 20 times the greenhouse gas o fsm of CO2: • Ni nous Oxide (1420), produced In lame part by sal machines and enhanced Mmugh application of fertilizers. N20 is also a byproduct of icsait fuel burning: atmospheric nftmgen, an Inert gas Mat makes up a lame proportion of Me atmosphere, m oxidized when air i3 exposed to high-temperature combustion. N20 is used In some industries processes, as a fuel for rocket and racing engines, as propellers, arW as an anesthetic. N20 is one component of "Oxides of Nitrogen" (NOX), long recognized as precursors of smog -causing atmospheric oxidants; • Chlorofluorocarbons (CFCs), synthetic chemicals Cevelopetl In Me late 1920s for use as improved congeal W.g., 'Froom. It was recognized over two decades ago that this class of chemicals exerted powerful and persistent greenhouse gas effects. In 1987, Me Montreal Pratocal hafted production of CFCs; Hydrofluorocalvons (HFCs), another class of synthetic numeral developed to replace CFCs; • PeMuorocarbons(PFCs), used in aluminum and semiconductor manufacturing, have an extremely stable molecular stmcturs, with biological half-lives tens of Mousands of years. leadbg to ongoing atmospheric accumunttioo of the GHGs; and, • Sulfur Hexafluonde (SFO), is used for insulation in electric equipment semiconductor manufacturing, magnesium refining and as a tracer gas for leak detection. Of arty gas evaluated, SFO exerts the most powerful greenhouse gas effect, almost 24,000 times as powerful as that of CO2 on a ton -for -ton basis. In an effort to address the perceived causes of global warming by reducing the amount M anthropogenic greenhouse gases generated In Celifomia, the state inamed Me Global Warming Solutions Act of SON (CotlMed as Heats 6 Safety Code Sectlnn 38501 at all Key Provisions include the following'. Codification of the state's goal by requiring that Celifomie's GHG emissions bM e reduced 1990 'baseline' levels by 2020. • Set machines for establishing an enforcement mechanism to reduce GHG emissions: INITIALSTUDY Environmental Assessment No. A-07-OEV"7 29IC-07-30BT-5891 March 13, 2008 Page 11 • ByJune 30, M07. the Celilomla Air Resources board! (CARB) was required to publish%facmet early action' GHO emission reduction measures. Discrete early actions are regulations ro reduce greenhouse gas emissions to Its adopted by the CARB and enforceable by January0l, 2010; • By January01,20o8, CARB was required to identity what the state's GHG emlssionswere in 1990 (set the' weflW) and approve a statewide emissions limb for Me year 2020 that Is equivalent to 1990Ievels. (These statewide baseline emissions have not yet been allocatedto regions, counties, or smaller political Juristlictions) By this same date, CARB was required to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions. • By January 01, 2011, CARB must adopt emission limits and emission reduction measures to take effect by January 01, 2012. As support for this legislation, the Act contains factual statements regarding Me potential significant impacts on Celbonoria physical environment that could be caused by global warming. These include, an increase In the Intensity and duration of heat waves, Me exacerbation of air quality problems, a reduction In the quality and supply of water to the state from the Siena snow pack, a hss In sea levels resulting In the displacement of thousands of wastal businesses and residents, damage to marine ecosystems and Me natural environment, and an Increase in the Incidences of Infectious diseases, asthma, and other human health- related problems. Go August 24, 2007, California also enacted legislation (Public Resources Cade § 21083.05 and § 21097) requiring the state Resource Agency to adapt guidelines for addressing climate change in environmental analysis pursuant to the Cnbomia EnvimnmmMi Quality ACL By Jury e1, 2009, the Gcvemofs Officeof Planning and Research (OPR) Is required to prepare guldellnes for Me mitigation of greenhouse gas emissions. and transmit those draft regulations to this Resources Agency. The Rewurcas Agencymustmen certify and sche the guidelines by January01, 2010. Because it is believed that global warming is being caused by human activities on to entre planel, It would be highly speculative to conclude that this project would have an adverse Impact on global climate. The Urbemis 2007 computer model was provide data on expected tonnage of CO2 and Oxides of Nmajon (NO%) (137.59 and 17.51 tons paryinar, respectively) but because CARB has not adopted GHG emission limits and emission reduction measures and because CEGA guidelines have not been established for the evaluation and mitigation of greenhouse gas emissions, Mere Is an absence of reguletoryguldance W mist any lead agencies In determining whether a particular project will have a significant wilai l on global acting. Furthermore because the proposed project Is an Martinique combination of residential and commercial uses (allowing for office and retail activNes) within Me project's fwtpfint. This combination of uses has been Identified as a potential mitigation measure to address global warming impacts in a document published by the California Aaomey General's Office entitled, The CaF)mia Environmenlal Quality Act MltigeflonofGlobal Warminglmpsc5(updated January07,20p8). Spereficaly,thisdocumentdescdbesthls mitigation measure so follows 'Incommode mixed-use, infill and higher density development to reduce vehicle trips, promote altematives to MdMdual ushers travel, and promote efficient dellveryot services and goods.' A mix of land uses In close and connected proximity, such as Is being proposed within this project. would be expected to generate fewer vehicle miles traveled per capm. leading to reduced emissions of greenhouse gases from engine emissions. The project also Incorporates areas or Pillages" of denser development which are commonly associate! with increased public transit use. Duetoifslawtionbetween a major K-12 educational center campus and existing residential development, this project has some infill characteristics and will provide for nelghdomoo d commercial development reducing vehicle trips generated by other nearby residential projects. INITIAL STUDY Environmental Assessment No. A-07-01B•R-07-MC-07-30flrt-5891 March 13,2008 Page 12 The projectdoss not Involve manufacturing activities thalwould generate SFe, HFCs, or PFCs andcods not proposed any uses which would generate methane on site. The CM of Fresno prohibits Installallon of woodburning appliances In new homes, which would reduce Cq and N2O from wood combustion. Through updates In the California Bulking Code and statewkle regulation of appliance slendads, Me project 4 also expected to conform to state -of -Me -ad eneW-efficient building, lighting, and appliance standards as advocated! In Me California Environmental Protection Agencys publication Climate Action Team /Proposed EedyAogons 0M Morgans, Climate Change in Cellfomia(Amil 2007) and In CARB's PmposadEeMAcdont;0 Mitigate Clfmate Changeln CWIl mla(ApdIM07). Updated engine and bre efficiency standards would appy to project residentsvehicles, as well as to conceives initiatives applicable to air conditioning and refrigeration equipment, regional transportation improvements, power generation and use of solar energy, water supply and water conservation, landfill methene capture, changes in cement manufacturing processes, manure management (methane digester protocols), recycling program enhancements, and'carten capmre" (also known as"carbon sequestrsBon; technologies for capturing and converting Con, removing It from the atmosphere). We conclude Met the project will not have a significant impact on global warming because of the lack of regulatory gukance, the relatively small size of MIs prclect, and the nature of this project being a multi -use development with soma infill characteristics. Mitigation Measures 1. The proposed project shall Implement act Incorporate, as appropdale, the alt quality related mitigation measures as identified In the atachad Mitigation Monitoring Checklist for measures identified in Me Mester Environmental Impact Raised No. 10130 prepared for Me 2025 Fresno General Plan (hereinafter, WEIR Mitigation Measure Chocklisi dated Match 13, 2008, 2. Through tact map conditions of approval, Me developer shall conform to SJVUAPCD Rules for Indirect Source Review (Rule 9510), fugitive dust control (SJVUAPCD Regulation VIII) Rules for asphalt and paving operations and mobile equipment, and other mks and requirements as may be imposed by the SJVUAPCD and by City adopted air pollution control measures- 3.0 -WATER Fresno Is one of the largest cites In the Untied States dill relying merely on groundwater for tis public water supply. While the aquifer exceeds a depth of 300 feet and is large enough to provide adequate quantities of safe drinking water to the moserpolaan area well Into the twenty -Bast century, groundwater degradation, increasingly stringent water quality regulations, s; well as high consumptive use of water on a per dispute basis (287 gallons per day per capita), have resulted in a decline in Me total usable potable water supply. That adverse groundwater conditions of limbed supply and compromised quality have been weal- documented! by planning, environmental impact report and technical studies over the past 20 years Including Me Master Environmental Impact Report No. 10130 fart the 2025 Fresno General Plan, Final ElR No. 101GO. Final EIR No. 10117, and Final E I R No. SC 95022029 (Fresno MefropolRan Water Resource Management Pion), at al. These conditions Include water quality degradation due to DBCP, arsenic, Icon, and manganese concentrabons; fowwater well yieks: limited aquifer storage capacity and recharge capaciy; and, intensive urban or semi -urban development occurring untailient from the Fresno Metropolitan Area. The Fresno Metropokan Water Resource Management Plan has been adopted and the accompanying Fret EIR (SCH #95022029) certibed. The purpose of the management plan is to provide safe, adequate, and INITIAL STUDY Environmental Assessment No. A-07-0BIR-07-29rC-07306T5 91 March 13,2006 Page 13 dependable water supplies to meet Me future needs of Me metmpolitan area to an economical manner; protect groundwater quality from further degradation and overdraft: and. provide a plan of reasonably Implementation measures and facli ies. In accordance with Me provisions of Me 2025 Fresno General Plan and Master EIR No. 10130 mitigation measures, project specific watersupplyand distribution requirements musteseurathatan adequatesource of water Is available to serve the project. The City has mutual Mat groundwater walls, pump slsbans, recharge facilities, water treatment and distribution systems shall be expanded Incrementally to Mugabe Increased water demands. Furthermore, Senate Bill 610 (Chapter 643 Statues of 2001) and Senate 5111221 (Chapter 662, Standee of 2001) amended state law (Section 10910 of Me Water Code and Section 66473 of Me Goverment Code, respectively),effective January 01,2002, to Improve Me link between Information on water supply availability and certain land use decisions made by cities and counties. SB 610 and SB 221 ere companion measures which seek to promote more cotlaboramve planning between local Water suppliers and cities and counties. Both assume require detailed information regarding water availability to be provided to the city and county derision -makers pdorto approvat of specffied lamgadevebpmentpmlecls. Forthe purposes of W alar Code Section 10912, large development projects inmate (but are not limitetl b) a proposed residential development of more Men 500 dwelling units. For the purposes of Goverment Code Section 564737 a residential development of more than 500 dwelling units, except Mat fore pubic water system Mat has fewer Men 5,000 service connections, any proposed residential develepmant Mat would account for an Increase of 10 percent or more In Me number of the public water system's existing service connections. Both statutes also require Mat detailed information be Included in Me administrative record Met serves the avide Bary basis for an approval action by Me city or county on such projects. Under SB 610, water assessments must be furnished to local government; for inclusion in any environmental documentation for certain projects (as defined In Water Code 10913(aj) subject to CERA. Under SB 221, approval by a city or county of certain residential subdivisions requires an aMrmative written verification of sufficient water supply from Me pubic water system. Pursuant M SB 610 and 56221, a water supply assessment was conducted and prepared by Provost & Pdkharal Engineering Group,Inc., for Me proposed praect in accordance with Water Game Section 10910 and Goverment Coca Section 66473.7. ThIs study ultimately concludes that the subject development is, projected to have an annual demand of 350 acre-feet Mat will be mrd wird local groundwater supplies. The assessment also asserts Mat, -since groundwater a not subject to Me same fluoluatlons as surface water. it is a near -constant supply that will be available during all hydrologic conditions to satisfy project demands." The study does note however, Mat while "Fresno will rely on groundwater and surface water to simply demands of As users, during My hydrologic condNons, groundwater wi11 represent a greater potion of the water budget' and, -continued reliance on groundwater resources will rause groundwater levels to dedlne both locally and regionally M more surface water Is not rachaged' W hlle the proposetl project may be served W conventional groundwater pumping and distribution systems, full development of Me 2)25 Fresno General Plan boundaries may necessitate utilization of treated surface water due to Inadequate groundwater aquifer rechage capabilities. As Me Proposed project places addltionel demand upon peak water use capacity, Me proposed project must contribute to shod -term and long-range water supply and distribution *mediation projects in order to adequately address any deficiencies. The Water Division of the Public UNIMes Department estimates Mat the proposed single family residential development will have an adequate source of water avallable to serve the protect win Me implementation of Me mitigation measures noted below. INITIAL STUDY Environmental Assessment No. A-07-0&R-07-29/C-07.dpaiM. 881 March 13,20M Page 14 The mitigation measures of EIR No. 10130 are Incorporated herein by reference and are required M be implemented by the attached mitigation monitoring checklist Insummary, Mese mMgation measures require Participation in the development of grouMwalerrectil in co amount wel lro the project'sesbmated water consumption. Alternative measures to satisfy this requirement actual paying fees established by the city for of recharge facilities, Me construction of recharge facilities directly by the project, or partoApation In augmenMtioNenhancomenVenlargement of Me recharge capability of Fresno Metropolitan Flood Control District storm water ponding basins. In addition, the proposed project must contribute to the completion of to Fresno Matmpollian Flood Control District'smesterplannedstonndminegefacilNas. Sonnwaterpondingba mpmvloesignlfloaMdo nunty to recharge groundwater with collected atone water runoff and surface water obtained from the Fresno Irrigation District and United States Bureau of Reclamation on the northern edge of the current urban limb boundary. Implementation of Me 2025 Fresno General Plan wall the Water Resources Management Plan, and Me applicable mitigation measures of approved environmental review documents will address the Issues of providing an adequate, reliable, and sustainable water supply for the projects urban domestic and public safety consumptive purposes. Mitiaadon Measures 1. The proposed pmJect shall implement and incorporate, As applicable, the water asserted mitigation measures as noted in Me attached Project Spectiic Waddling Checklist dated Manch 13, 2008. 2. The proposed prefect shall Implement and incorporate, as applicable, the water related mitlgation measures as ideal In to attached Master Environmental Impact Report No. 101302025 Fresno General Plan Mitigation Monitoring Checklist dated March 13, 20(38. 4.11PLANT LIFE There are no significant native plant species known to eget on or in the general vicinity of this project site. There are no natural water features on Me subject ste and Me Fresno Irrigation District hes indicated Bret More are no man-made water features such as on-site surface Imgation facfllbes, which would support aquatic habitat on the she The subject property has hlstodcaly been cultivated for agricultural uses. Thal Agricultural Land Conservation Contracts (ALCC), or "Williamson Act' contracts, were entered by the property owners (or by family predecessors in Interest): ALCC Contract No.1229 (38.65 "ores; APN 512.070-50 and other parceb; agricultural uses azo uses compaUNe therao) located entirely within Ma County of Fresno; ALCC COMmd No. 12W (18.]93 acres; APN 311-07"1 and other formats; agricultural uses and uses compatible Mereto; recorded In 19]0—Ones and Enos Scarebollo property) located partially within the Cty of Fresno and partially within to County of Fresno; and INRIAL STUDY Environmental Assessment No.A-OT-Ofi/R-0]-29X-0]-308R�5891 March 13.20M Page 15 ALCC Contract No.1251 (965 z acres; APN 3114)70-19 and otherpalcels; agricultural uses and uses compatible below; r oci In 19]0—Vino and Normasamboib property) located entiretywilhln the City of Fresno. While move crop cultivation am tines on the site, requests to cancel Nese ALCCs wereffledforthe subject property. The applicant Submltied substantial documentation to Support Me required grMings for cancellation. The California Depamrant of Conservation DMslon of Land Resource Protection Is In the process of reviewing the cancellation requests, and Rs mon mmerklations will beforwarded torconsoemtion by no City Council and County of Fresno prior W approval of Nese requests. Tha requests forancalletion will be processed and evaluated inaccordance win Government Cade Sections51260-5128]a fhe Cityof Fresno Rules of Procedure to Implement the California Land Conservation Ad of 1965 (KVilliamson AmI adopted by the Council of the City of Frowns on April W, 2008 by Resolution No. 2006-130. MNaation Masams 1. The Fresno County Farmland Preservation Canonization, Fresno County Board of Supervisors and Fresno City Council Shall evaluate to requests for cancellation of Mese Agricultural Land Conservation Contracts and the reaommandanons of the California Department of Conservation Division of Land Resource Protection, and shall Wks action on these applkallons poor to any Ciry approval of Me requested general plan amendment, rezone, cond'nlanal use permit, or vaedng tentative tram more applications. S.PANIMAL LIFE There are no significant wildlife populations know to exist on or In Me general vicinity of this project alta. There are no water features which would support squaw habitat. Landscaping proposed on the site perimeter and whom Me proposed development boundary will provide habitat for certain spec as afblNs and small animals which may be suited for an urban environment. 6.0.HUMAN HFALTHSAFETY The Fresno County Department of Community Health Is concemed Mat abandoned water wells and septic systems are not being properly destmyad, parmular y all respect to new development projects. As City boundaries expand, communilyeervices are provided to areas originally senretl only individual dnmeatic and agricultural wells. Improper abandonment of such walk presents a significant Risk of contaminating The Cilys community water supply. For this reason, when development occurs, it Is extremely Important to ensure the ata and proper desbucdon of all abandoned water wells. Pilar to occupaory, any water wells or septic systemsanthe subject properly must be property destroyed as detailed In Me Fresno County Deparbnentof Community Health's letter dated December 14,2W8. Stmmwaler basinswill be subject to CMrof Fresnw conditions fordevebpment and maintenance In orderto prevent mosquito breeding, and will be inspected by Me Fresno Mosquito and Vector Control Dlstrkl. Mitthuman Manures 1. The proposed project shall implement and incoryomm, as applicable, the human heaONsafery miligation measures as noted In Me attached Project Specific Mcnitedng Checklist rated March 13.2008. INITIAL STUDY Environmental Assessment No. A-07-08IR-07-29IC-07-3087-5891 March 13.2008 Page 16 2. The proposed project shall implement and incorporate, as applicable, the human heallNsefety related mdigaon measures m kenthiae in Ne attached Mostar Environmental I mpad Report No. 10130-2026 Fresno Geneml Pion Mitigation Monitoring Checklist dated Mamh 13, 2W8. tLnJ: * hA The proposed project Is a request to develop an approximately 676 -lot planned development subdivWon on the subject property with approximately 646 dwelling units, four commercial buildings, and approximately 26 Whole designated for landscape end common access uses. The subject property is located! between Weill Ashlan Avenue and the West Gettysburg Avenue Alignment; and between North Bryan and North Hayes Avenues. In developed areas of the community, noise conflicts often occur when a noise sensitive land use is located adjacent to a noise generator. Noise In Nese s tuations frequently stems from on -she operations, use of outdoor equipment, uses and sites where large numbers of persons assemble and vehicular traffic. Some land uses, such as residential dwellings, are considered noise sensitive receptors and involve lend name associated with Indoor andror outdoor activities that may be subject to stress and/or significant Interference from noise. The City and County Norse Elements establish a lark use competlWlity criterion of 6WB DNL for exterior mdse levels in outdoor activity areas of new residential developments. outdoor activity areas generally Include backyards of single family residences. The intent of Me exterior noise level requlremem Is to provide an acceptable nolle environment for outdoor activllles and recreation. FurPempre,Ne Ndse Elementolso requires Net Interior noise levels aNibutable to exterior noise sourres not exceed 45 dB DNL. The intantd the Interior noise level standard is to provide an acceptable noise environment for indoor communication and sleep. In order to determine If noise from potential traffic generator located on or adjacent to Ne Subject site will exceed the Chi standards, add to determine if noise mitigation measures will be required an Acoustical Analysis dated June 01, Mi was prepared by Brown-Bruf in Anecdotes Inc. forthe proposed project and subject property. Noise generated by streets and highways Is dependent upon several vi uables, including Me number of vehicles, vehicle mix (percent Melts versus private automobile), and averagevehkle speeds. Sound levels along roadwaysegments will Increase as a resultof the incremental Increases In the dailytrafficvolume ark Me redistribution of traffic along transportation condors. The acoustical analysts detemi Net the project area will be exposed to noise due to Its proximity to a planned arterial street (East Ashlan Avenue) and adjacent collector stmem (Bryan, Gettysburg add Heyes Ave ea). For Me undeveloped site, the future traffic noise exposure ranged from 623 to 62.9 dB DNL at Me closest proposed building setback from the roadways. To mlhgete batik nolle exposure, sound waits ahouk be constructed along Me adjacent major streets and within the project she adjacent to residential areas. The sound wells will provice acoustical shielding of ground level outdoor activityareas and reduce the amount of noise effecting the Interior of proposed residences. As the proposed project also mourporetes a commercial element, podlons of Me proposed project maybe subjected to potential noise nuisances associated with general commercial adlvities. In order t0 satisfy the Citys Interior noise level standard, the acoustical analysis Conducted for Me subject INITIALSTUGY Environmental Assessment No. A-07-08IR-07-29"7-0084-5991 March 13,2009 Page 17 site detemrined that the Proposed canstrudion will need to be capable of providing a minimum outdoor -to - Indoor noise level reductlon (NLP) of approximately 12 dB at the first War. If second -floor resolvers are planned for lots along adjacent major streets, the minimum reacted! NLR etthe sbacha ibor elevation wdlld be approximately 18 dB. For this purpose H may be assumed that residential cunstmction methods complying wIM current building soda requirements will reduce exfenor now levels bya minimum of 25dB II windows and doors am closed. Appropriate measures will also be incoryorated into the prolectto minimize petenballyslgnlflcant short -tens localized! noise Impacts to existing noise sensitive receivers caused by Me operation of construction equipment Construction specifications for Me project will require that all construction equipment be maintainetl according to Me manufacturers' swHications, and that none generefing construction equipment a equipped with mufflers. In addition, consideration should be gwentc limiting musegane2tingconstruction activities to daytime hours as specified in Me Fresno Mundpal Code. Now nuisances on the subject property wIII be addressed Mrough the Implementation of Me City of Pesar o's policies associated with amstmdion activity, which are relafiwe to the use of construction equipment and, Me applicable development policies of Me 2025 Fresno General Plan, which provide for Me eubstentiM reduction of traffic generated noise (including Me use of deniers, site design, bulMing design, noise redudlon by building facades, to use of vegetation and the use of sound absorbing materials). Mitigation Measures 1. The proposed projed shall implement and Incorporate, as appropriate, Me noise related mitigation measures as noted in Me attached Project Specific Monitoring Checklistdated March 13,2008. 2. The proposetl project shall implement and Incorporets, W appropriate. Me noise related mitigation measures as Identified In the attached Master Environmental impact Report No. 1013012025 Fresno General Plan Mitigated Monitoring Checklist rated! March 13.20M. 9.0-UNa USE The alternative planned land use tleslgnaflon forthe public facility domentaryschool site is medium density INITIALSTUDV Environmental Assessment No. A-0708111-07-29IC-07 3 T-5891 March 13, 2008 Page 18 residential in accordance with the provisions of Me 2025 Fresno General Plan Table 3 'Underlying I Altemafive land Use for Designated Public School Si Application nt to alternative planned land use designation Is appropriate because Me Centel Unified School District is implementing alternative eehool saes Including an a lucatlonal career complex Immediately to the west of Me project slle. Approval of the proposed plan amendment and implementation of Me adopted aftemegve planned land use comparion wig result In approximately five acres of neighborhood commercial, 98.7 acres of medlumtlensity residential and 23 acres of medium high density residential uses. The project proposed to provide a mix of residential types which may athect a variey of household types representing a range of Incomes and family sues. These housing opportunities Include conventional single family residential lot sizes as well as respect lot sizes with common open space areas, community palling spaces and landscaped buffers with an enhanced pedes ran environment. The dropped density wig provide for an efficient use of the land and public services In a developing neighborhactl. Who the proposed integrated neighborhood commercial center, compatibility with surrounding resitlentlal uses will be provided utilizing open space features, pedestrian and vehicular connections and Implementation of traffic calming techniques. It a anticipated Mat the proposed mixture and arrangement of antl use types are planned will serve as a model of contemporary planning strategies intended to promote a more enduring and susainaba community. The project will be required to meet to Cry development standards to ensure It Is aesthetically appealing and Is appropriately compatible will the surrounding existing or planned uses. However, the propoaetl zoning enMlemen f for Me project include a planned development conditional use permit which allows Me modification of development standards within Me projem to accommodate the range of proposetl housing types. Objective C-9 of the 2025 Fresno General Plan smtea Mat to city should'Plan for Me diversity and quality of residential housing, at locations necessary to provide for adequate and aff smable housing oppchundies. Housing pederns should support balanced urban growth, and should make efficient use of resources and public facilities.° General Plan Policy C-10 slates that Me city should,'Promote the development of more compact pedestrian friendly, single family residential projects to aid into conservation of resources such" land, energy, and matenals' General Plan Policy C -10.a states Mat ffte city should, "Facil9are the construction of higher density single family residential development white maintaining a pleasant living envlronmeni Objective E-15 of Me 2025 Fresno General Plan states Met the City should 'Establish a network of pedestrian, bicycle, and where appropriate equestrian trails to serve resitlentlal real and to link residential areas with ectivtty centers such as parks and recreatlanal acilics, educational Institutions, employment centers, cultural sites, and other focal plane of Me City environment, In order to enhance the communllys recreational and alternative transportation opportunitles and to provide visual and physical amenities.' The proposed project is consistent with these general pan objectives and policies. Reduced lot seas will provide for affordable housing opportunities, and the integration and proximity of neighboMoud commercial and open space land uses will encourage nodes of higher housing denshas In areae served by Me NII range of urban services - neighborhood commercial user and community centers, public services, and trental &ops; resulting in a complete and integratetl community wreathing housing, shops, work places, schools, parks and civic aGlities essential to Me cally life of the residents within easywalklng distance of each other. The necessary Infrastructure Is In place or will be extended to serve the property. Public facllHles such as schools, perks, fire stations and stone dein systems are also either available or being proposatl and developed to serve Me project. INITIAL STUDY Environmental Assessment No. A-07-001R-07-29IC-07�-5881 March 13,208 Page 19 Based upon previous actions and the applicability of adopted development standards, plan policieaAmplementetlon measures, and applicable mitigation measures of the above -referenced environmental documents, andaith conslderatlon offhe proposed land use relationships, and recommended neighborhood unifying design principles, It is concluded Mat the proposed plan amendment and poste applications will further promote the achievement of the planned urban to" and land use objectives f Me 2025 Fresno General Plan and Me West Area Community Plan and Met Me proposed development of the subject property will promote Me goals of Me 2025 General Plan through Me suppoeot open concepts es Me Growth Ade metve Alliance's "Landscape of Choke -Principles and Shateg W s" as based upon the Ahwahne s Group Principles. Mineahon Measure 1. The proposed project shall Implement and incorporate, as applicable, Me land use related mitigation measures as noted In the attached Project Specific Monitoring Checklist dated March 13, 2008. 2. The proposed project shall Implement add lnmrpomte, as repropose, "land use related mitigation measuresesidentifiedin Meadached Master Envimnmenlallmp dReport No.101=025Fresno General Plan Mitigation Monitoring Checklist dated March 13, 2008. The Mester Environmental Impact Report (MEIR) No. IDIW prepared for the 2025 Fresno General Plan incorporated herein by reference) udrzed macm-level traffic analysis techniques to examMe Me traffic now level of service (LOS) for major street segments Mat would occur in the year 2026. Thinanalysis utinzed the unadjusted COG traffic model projected traffic volumes and the Florida Tables, which are an accepted national tabular standard of Me Highway Capacity Manuel (HCM) methodology. LOS aacharadedzalion of a streets traffic now operations that range from an LOS of A (reflecting a very law traffic volume with no travel delay) to an LOS of F (reflecting a very high basic volume with substantial congestion and travel delay). The project will take access from West Ashen, North Bryan, West Gettysburg, and! North Hayes Avenues. The 2025 Fresno General Plan Circulation Element designates West Ashlen Avenue as afour-lane traded! arterial, and North Bryan, West Gettysburg and North Heyes Avenues as four -lane collector streak. The project will be required to construct all necessary interior street antl frontage improvements to City Standards. Hight -of -way dedications anmor vacations will also the required along adjacent public streets In accordance with Cly of Fresno requirements to provide for Me necessary improvements. As required by Me mitigation measures established by the cetification of MEIR No. 10130, all plan amersimenls are roqulredto prepare a traffic Impact study (TIS). AppMre MefactemoutlMed in Me Irmlffote of Trask Engineers (ITE) Trip Generation Manual, Me proposetl 676 -lot residential component (646 dvrelling units) and four lot neighborhood commercial (approximately five acres) development ere espected to generate en average of appmxlmatey8,454 average dellyfps (ADT). Of these vehicle tripe it is projected Mat 546 will occur during Me morning Q to 9 a.m.) peak hour travel Fertotl and 854 will occur during the evening (4 to 6 p.m.) peak hour travel period. While the proposed Derreml Plan Amendment Application No. A-07-0011 and relatetl development enfillement proposes to modify Me arrangement of Me planned land use designations for the subject property, the projected project generated vehicle top volumes will be equivalent to or sll9My less than those projected by Me traffic analysis prepared for the 2025 Fresno General Plan and MEIR. INITIAL STUDY Environmental Assessment No. A -W-08/19-07-29/13-07-3088-5891 March 13, 21108 Page 20 Based upon the proposed development plan for Me subject property, General Plan Amendment Application No. A -07 -MR proposes a decrease in neighborhood commercial planned area from approximately 9.31 acres to approximately 5.17 acres; a difference of approximatoly4.14 acres. The proposed 5,000 square feet of commercial floor space to be developed on Me approximately 5.17 acres of land compared wor Me potential development of approximately 101,386 square feet of commercial floor space on approximately 9.31 acres of land would result in a51 is, decrease in Me number f average dally trips produced by this land use component. The approximately 4.14 acre difference In commercial planned properlywill be developed Min single family residential dwelling unite within Me medium density range pursuant to Me 2025 Fresno General Plan. Furthermore, a pomon of Me subject property (acPmximatety, 17.73 arses), which was anticipatetl to be developed as an elementary school for Central UnMed School District, will be developed! in accordance wllh the medlum density residential planned land use designation pursuant to Table 3'Undedying / Alternative Land Use for Designated Public School Sfies' of the 2025 Fresno General Plan. Atter racalculafing the overall acreage of proposed metlium density residential area, a total of approximately 106 acres of land within the boundary of Me subject property will be devoted to a variety of single family residential and open space uses. Calculating the number of dwelling units which could be developed on the minenly planned medium density residential portion of Me subject property, at to some density as is proposed by the subject development proposal (5.25 dwelling units/acre), and adding Mat number to Me minimum number of dwelling units which could be developed consistent with the 2025 Flows General Plan on the currently planned medium-high density residential common of to subject property (10.38 dwelling unia/acre) yields approximately 651 dwelling units on me subject property. Comparing MIs figure to Me 646 dwelling unite pmposed to be developed on the subject property represents an appmvmatay one percent reduction In to number of average dally trips produced. The proposed planned development subdivision, with the proximity and connectivity of resicenter, open space, and neighborhood commercial land uses as integrated components, provides for a pattern of development wench Is anticipated to reducethe number of average dally vehicle tripe. The proposed bottom of residential development Mh radius of higher housing densities in areas of Me development easily served by proximate neighborhood commemal uses and community centers along with open spaces, which augment a street network incorporating pedestrian parte, should contribute to a system of fully connected and Interesting travel routes to various destinations. Furthermore, the conceptual design should encourage pedestrian and bicycle use by proposing row street standards which utilize narrower travel lanes and wider sidewalks on been sides of interior sheets outside of park clubs. Utilization of these new street slandards, when coupled with proposed reduced front yard sellow" and cosmetically pleasing two-story dwelling units on names ba should provide for Me allowed smaller stroboscope, spatially belled by bullrings, bees and lighmng; promoting pedestrian connectivtiy ist discouraging high speed traffic. The Public Works Dspahnent Transportation Planning Section has reviewed the project TIS ler me plan amendment, rezone, conditional use permR and vesting small tract map applications and has deamlined Mat Me stress adjacent to and near Me subject site will be able to accommodate Me quantity and kind of haBic generated, subjectto requirements for Improvements and right-of-way dedications as listed within Me City of Fresno Cowman of Public Works memorandum dated March 11. 20M These improvemenaand dedication requirements generally include: the dedication and improvement of adjacent combos of West Almon and West Gettysburg Avenues and North Bryan and North Hayes Avenues gncluding, butrmtlimiled to. oenstruccon of a broad median and shoulder reservations along W act Ashlan Avenue); construction of INITIAL STUDY Environmental Assessment No. A-07-0848-07-29IC-D7-308R5891 March 13,200B Page 21 additional lanes and widening within identified almost segments omsoa the project boundary; constri M left and bgld turn lanes with pockeh and acquisitions at Wombed! Intersections to reduce Impacts and sately concerns Imposed by existing and Inmect related left turn and dgbt-tuming vehicles on stream to In tough movement motorists; installation of stop signs, safety lighting and signalization at Identified Intersectons; Installation of Intelligent Transpodation System (ITS) condulmand fiber with pole boxes and RS equipment at oentifed intersections with Seat Ashton Avenue for synchronization; provisions for necessary lane conflguni ions and propertrensmons for appropriate speeds on rswiNng sides of Woundetl intersections; full Improvements and construction of walkable pats across remeindercroutipng lotsthalcreate bottlenecks; installation of safe psd uffin" crossings acct sidewalk access from all subdivision outlets to the nearby Central Uni ed Schools; and, accommodations for bike lanes. The developer of flit project, In accordance wit the mitigation Pressures of Me Master Environment Impact Report (No.10130) which was cavilled by to Council with the adoption of Me 2025 Fresno General Plan, will be required to pay Impact lees specific to the traffic signalizabon of he major street Intersections. The Traffic Signal Mitigation (TSMI) Fee of $440.03 Per single family coaling unit, and $45.98 per Average Deity Top for oommemial, is based on the trip generation mies set forth In Me latest edition of Me ITE Trip Gemination Manual and Me Master Fee Schedule. The TSMI Fee based on B45 single familydwalling units Is $284,259.38. The TSMI Fee based on 50,OW square feet of neighborhood commercial at 2,147 ADT is $98,719.05. The total TSMI Fee for Me entire project Is $382,9]9.44. Along with olhercdies and Fresno County, to Cityol Fresno has partnered wit to Fresno County Council of Governments and Caltrans on a regional sWdyforthe greater Fresno lovis-Madera Metropolitan arae. The study may provide the nexustrough proportionally study necessary for determining a developers pmpodionate responsibility for capital Improvements to Me state highway system. Caltrans has reviewed the projects TIS and has communed Met the project would impact the State ROWO (SR) 99 Interchanges at Shaw and Ashton Avenues. Cravens has Indicated tat there are several discrepancies in Me TIS's peak hour numbers provided whin the "Project Only TOP Assignment' when comparing those shown In the 2025 Select Zone drawings of the SR 99 and Shaw Avenue Intersecon. Therefore, Cavrens recalculated Me fair share using Me Council Of Fresno County Govemmeots vdluas Over those In the project's TIS. Using the 'City Formula Camera has calculated Baer projects lair share miugeuon for cumulatively significant Impacts to Me SR 99/Shaw and Ashlan Avenue Intemhangesto be $111,m.00 as detailed in their letter dated January 15,2W8. The proposed project will be required to pay all applicable Cahrans Interchange Mitigation Impact lees to the Clty of Fresno Department of Public Works, Traffic Engineering Division as determined by Celtransforte Interchanges of Ashlenand Shaw Avenues at SR W. The Veterans Boulevard! I SR 99 interchange is an integral pan of Me West Fresno and Northwest Fresno Circulation Element In Me 2025 Fresno General Plan. City stun are currently working on Me Project Study Repod (PSR) for this new interchange to relieve congestion el oder iMerchanges. This Interchange Is a Measure C Tier 1 project and is partially funded ata wet Of NO million. Estimated costs for me tow project ere $97.222 million leaving a shortfall of $37.222 million. Theastlmatedavaragedalrymps (ADT) served by Me new Vetenans SR 99 Interchange Is 70.370 vehicles In 2035 based on Me City of Fresno technical memorandum approved by Cement. Therefore, to cover the short fall M get Mis Interchange constructed! each new project In West Fresno and Normal Fresno will pay $529IADT Mat are served by the interchange (across Me freeway or accessing SR %Aathe Intemhenge) to makaafairshare contdbuton to the interchange t mitigate the project impacts to Me Circulation Element of Me General Plan MEIR In accordance with the Mitigation Fee Act. This pmject shall provide ADT counts for Me Vetafane Boulevari 99 interchange based on a Fresno COG model run. This total fair share mmgation Impact fee for the anon subdivision will be required to be paid poor to occupancy of the first coal umfi. INITIAL STUDY Environmental Assessment No. A-07-0&11-07-29IC-07-W0 -5891 March 13,2W8 Page 22 The area streat plana are Ne product of careful planning that projects traffic capacity needs based on the densities and intens des of planned land uses anticipated at build -out of Ne planned area. These steels will provide adequate access to, and recognize the traffic generating characroristice of, kdivkfual propefts and, at me same time, afford the community an adequate and efficient circulation system. Mitloaflon Measures 1. The proposed project shell implement and Incorporate, as applicable, the traffic and circulation related mitigation measures as noted in the attached Project Spec ibc Monitoring Checkllat Need! March 13, 2008. 2. The proposed project shall Implement and incorporate, as applicable, Me traffic and circulation related mmgation measures as Identified In the attached Master Environmental Impact Report No.10130-2025 Fresno General Plan Mitgation Monitoring Checklist dated March 13, 2008. 11.0d1RBAN SERVICES 11.1-Avellsblllty of Fire Protection The project site Is located voile the Cffys Urban Growth Management Area and must comply with the applicable service delivery requirements necessaryto provide not less than the minimum acceptable oval m fire protection facilties and services approprata for urban uses. Temporary Fire Station No.16 and Permanent Fre Staten 16 are located within 3 miles of Ne project site. Emergency Vell access and hydreM issues will be addressed during the review of Conditional Use Permit No. C-07-308 and Vesting Tentative Tract Map No. 5891. MJVNU n Measurers 1. The proposed preset shall implement and Incorporate, as applicable, Me fire related mitigation measures as WentlHed In the attached Master Environmental Impact Report No. 10130-21325 Fresno Carload Plan Mitigation Monitoring Checklist dated March 13, 2008. 11.9-0vercr rwdin f of School Faclligea The project site is located within Ne enrollment areas of the Central Untied School District (CUSD). Protect development will affect Ne DiaNct by generating students Net will need to be housed In District schools. The district has adopted school impact lees in accordance with current state law, which will require the developer, when the project site is developed. to pay a fee for school faGllfies per the adopted tee schedule unless waived by Ne tliends. CUSD currently Was a school facilities tee of $6.15 per square fact far residential development and $042 per square foot for commerdal/ndusWal development fitlTTllf•S11fZF'IZ-Fi 1. The proposed projactsiall implement and Incorporate, asappilable, the school Msthct mitigation measures as identified In the allachM Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mmigatlan Murmuring Cheokiist dated March 13, 2009. INITIAL STUDY Environmental Assessment No. A-07-08VR-07 29/C-07-309/45891 March 13.2W8 Page 23 11 S - Avallabilhar of Wa1ar and it 5aAvallabillty of Sewer Lines of Adequate Capeclty implementation of the Fresno General Plan policies. Me Water Resources Management Plan, and the applicable mitigation measures of approved environmental review documents will adtlress the issues of providing an adequate, reliable, and sustainable water supply for the project's urban domestic atm public safety consumpihre purposes. The City of Fresno Public UNifiea Department has reviewed this development proposal and has determined that the proposed project shall implement and Incorporate, as applicable, the water related mitigation measures as noted In the attached Protect Specific Monitoring Checkibt reforenced within Section 3.0 Water, above. The Cities of Fresno and Clots share jointly In to treatment capacity of Me Fresno-0lovis Regional Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity of the facility was expanded to accommodate up to 80 million gallons per day, and was upgraded with modernized equlpment to safeguard against equipment failures. However. In an attempt to serve Me anticipated 990,000 metropolitan area population for the year 2025, one or more sub -regional treatment and tachometer mold" will be required. The Public Utllitles Department has determined Met adequate senitarysewersemncels avallable M serve Me project area. Conditional Use Permit No. C-07-308 and Vesting Tentative Tram Map No. 5891 will contain a detailed set of Infrastructure requirements forme subject parcel which will include sewer and water mein extensions. MMoatbn Measures 1. The proposed project shell implement and Incorporate, as applicable, Me water related mitigation measures for Section 3.0 — Water, as noted in the attached Project Specific Monitoring Checklist dated March 13, 200 .. 2. The proposed protect shall implement and incorporate, as applicable, the sewer and water related mitigation measures as identified in Me attached Mailer Environmental Impact Report NO. 10120- 2025 Fresno General Plan Mitigation Moobonng Checklist dated March 13, 2008. 11.7 - Avallablift of Storm Water Draftsice Factlithool On or W Site and Inhalations I Ilbles The Fresno Metropolitan Flood Control District has Indicated that permanent drainage service will not be available to the proposed development and has recommended that temporary facilities be provided! until a time In which permanent service is available. However, should Me property/owner developer choose to construct 'Optional MasterPlan Facilites" in accordance with the Fresno Metmpolttan Flood Control District memomrMum for Vesting Tentative Tract Map No. T-5891, Men permanent service WTI be available to serve Me mudedy porion of the subject property. Furthermore, the Fresno Metrapolithn Flood Control DISMM has indicated that the size of This Master Plan faclldies is adequate for That proposed most provided Me densities and drainage patterns are consistent with the Dlatricfs Master Plan. Should drainage patterns wearisome be modilled. Me Master Pian Facilitesshall also be adjusted to accommodate these modifications. The Fresno Metropolitan Flood Control District has arse Indicated that Me District's storm tlmin system nerving this area is designed for medium and medium-high dainty residential lend uses with 5,000 square- INITIALSTUDV Environmental Assessment No. A�09-DfVR-07-29/1>07-30W-5891 March 13,2008 Page 24 feet lots with 50% or lass lot coverage. The fees calculated for the proposed project also reflect these planned denstles. If it is determined that the proposed densities for Me subject development exceed Mesa planned densities. then Me property owneddeveloper may be required to megrim the impacts of Me Increased mnoff to a rete that would be expected 4 developed to Mee medium and medium-high density reactions] uses as planned. It such a circumstance exists the ownerldeveloper will be required to either make improvements to to existing pipe) ine wall antllor besln facilMes to Provke additional capacity or wil I be required to use some type of Permanent peak reducing facility in well eliminate adverse impacts on Me existing and planned systems. An approved grading plan is required In orderto eliminate any adverse Impacts on the existing or planned system. Implementation term mitigation measures as Identified in Me attached ProjectSpeolf c Monitohng Checklist dated March 13, 201 and In MEIR No, 10130 prepared for Me 2025 Fresno General Plan will reduce Me project's drainage impacts to less Man significant. Upon review of Me associated Conditonai Use Permit Application No. C-07-308, more specific requirements will be drafted by the Distinct and inwrporated into Me Project. In order to avoid or reduce Me discharge of pollutants into Me stoma water sewer system, the U.S. Environmental Protection Agency requires that a Notice Pollutant Discharge Elimination System permit be Hied fora variety of Industrial Uses and for any construction site of five or mom acres of land. The property caner of Mis development ads has been informed Me requirement and responsibility to ensure that Me Notice of Intent is filed in accordance win Me nagulall published in Volume 55, No. 222, of Me Federal Register. Meta n Measures I . The proposed project shall Implement and Incorporate, as applicable, the storm water related refinance measures as noted In Me attached Project Specific Monitoring Checklist, dated March 13, 2008. 2. The proposed project shall Implement and Incorporate, as applicable, Me stone wafer related mitigation measures as idenMied in Me enached Master Environmental Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated March 13, 2008, 12.0-NAZARDS As the subject Property has been used hlsloncetty for agricultural purposes, and is being proposed for development with residential housing and commercial uses, research should be conducted to determine whether pesticides were used on the preiecal development site. The site should be evaluated to determine fl and where storage, mixing, rinsing and disposal of pesncldes may have occurred and whether conteminalonexists. The results of any testing should be evaluated to determine 8 concentrations present In soils will be protective of merchants and workers. Furthermore, as Me proposed project Incorporates a commercial component, potential adverse Impacts should be considered which may Include (but not be limited to) storage of hazardous materials and/or wastes, storage of medical wastes, and potential utilization of underground Manage Tanks. The Pacific Gas and Electric Cotnparry(PG&E) awns and operates elecMc transmission lines, which traverse the subject properly from the approximate nor-Meme comer of the Subject property M Me approximate southeast corner of the subject property. PG&E provides Mat In ower to promote Me safe and reliable INITIAL STUDY Environmental Assessment No. A-07-OBER-07-28143-07-30OTf 6891 March 13, 2008 Page 25 maintenance and operation of dairy facilities, Me California Public Utllities Commission (CPUC) has mandatedspecificclamancerequlmmeM betweenutiltyfacilmesaMsu"undingobjectsorconebudlon activities. While Medevelopar Mllbe MldmwmsiNefrr Mecodaasswtdedw Mereccadomdexcting PG&E facilities to accommodate Me proposed development, the proposed lots and public street contgurallon will provide for unrestricted unary access and will allow for residential development of Me proposed lots without the requirement foreasement encroachments that might Impabihe safe and reliable maintenance add operation of PG&E's facilities; and further, will allow for upgrades or additions nodded to accommodate additional Improvements for growth and/of expansion. Gueta Melacatpnoftharranemisslon fins on Me subject property the City, in accordance with requirements imposed consistently upon other residential developments, will Mat no portion of anylot proposed with the subjecttract map be located option PG&E's irensmasslon One easement and further, that no main buildings shall the erected within a minimum of 20 fed of Me easement. Stet has deremiined that these requirements are necessary due to ambient noise levels generated from Me linea and due to a'pmdect avoidance' strategy implemented by Me City on other residential subdivisions which elms to limit exposure to electromagnetic fields when M can be done at a reasonable cost and where reasonable effort seems appropriate. It should be noted however, Mat while Mare Is public concern about to possible health haesrds related to the delivery of electric power, much of Me concern Is dented from suggestive data Met is not based on specific sclentihc evidence add which, at Mas tone, Is both Incomplete and Inconclusive. Mhroku on Measures I. The proposed project mail implement and Incorporate, as applicable. Me human healiNsefety mitigation measures as noted in the attached Project Specific Monitoring Checklist dated Match 13, 2009. 2. The proposed project shall implement and incorporate. as applicable, the human heaWh tety rested mitigation measures as klenti ed In bre attached Mesar Emnronmental Impact Report No. 10130-2025 Fresno General Plan MMgation Montonng Checldisl dated March 13,20M. 13.0—AESTHETICS No public or scenic vista will be obsimded by Me development and no valuable vegetation will be removed. Moreover, gaCestran Monday walkways will be formed with Me landscaping and Improvements along the interlor of the proposed subdivision as well as along and project's frontage of East Ashom and Gelryabmg Avenues; and. North Bryan and Heyes Avenues. These will ultimately create ample pedesman connections throughout the neighborhoM as It develops. 14.O-HISTORICALIARCHAEOLOGICAL Based upon information submitted within Me Historic Resume Evaluation Report for Me Scarabello Residence dated September 2007, staff has determined that Mere are an historic resoumes for Me purposes of the Califomia Environmental Quality Act on the subject property. It shouldbe noted howevarthat lack of surface evidence of historical resources does not pradutle the subsurface existence of amhaeologlcal resources. To ensure Mat any possMiearohaeological ease will be prompted, Me following conditions will be added as candidates of project approval: 1. If archaeological antllor animal fossil massed is encountered during project surveying, grading, excavating, of consta lon, work shall atop immediately. 2. If there are suspected human remains. Me Fresno Count' Cmcvm rshell be ImmMlaretywntaded. If INITIAL STUDY Environmental Assessment No. A-07-0911-07-29/ 07-3 -!5881 March 13, 2005 Page 25 the remains or other archaeologicat materiel is possibly Native American in origin, the Native American Heritage Commission shall be Immediately came[ted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Centershall be contacted to obtain a ratenel list of recognized archaeological An amheeo]ogical assessment shall be conducted forthe project, the site shall be formally recorded, and recommendations made to the City as to arty further site Investigation or site 8voidaM'a/preservebon. 3. If animal fossils are uncovered. Me Museum of Paleontology at U.C. Berkeley shall be conceded to obtain a referral flat of recognized paleontologists. An assessment shall be conducted by e paleontologist and, If Me paleontologist determines Me material to be significant, It shall be preserved. Midaaiiorr Measures 1. The proposed project shall implement and incorporate, as applicable, Me archeological related mitigation measures as identified! in Me attached Master Environments] Impact Report No. 10136 2025 Fresno General Plan Mi onion Monitoring Checklist dated March 13, 2008. DETERMINATION Based upon Mese previous actions and the applicability of adopted development standards, plan policiashimplementation measures, and applicable mNgation measures of Me above -referenced environmental documents, it's concluded that Me proposed land uses will not result In a significant IMnect adverse environmental effect. On the basis of this Initial evaluation, it is determined Mat Me proposed project Is consistent With an applicable city plans and policies and wniorns to all applicable zoning standards and requirements. Pursuant to Section 15070 of the California Environmental Quality Ad (CEOA) Guidelines, n Is further determined that there Is no substantial evidence in Me record that Me proposed project may have a significant effect on the environment. This is based exon the mitigation measures refulmil as conditions of project approval which am references D this nvironmental assessment and are condMQno upon which a mitimbird musafive declaration can be recommend". A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. CITY OF FRESNO MMGATED NEGATIVE DECLARATION MONITORING CHECKLIST ENVIRONMENTAL ASSESSMENT NO. Ad]-0BM-W-P9IG0]-30Brt-5891 MITIGATION MEASURE IMPLEMEWED BY WHEN IMPLEMENTED VERIFIED BY 3.1-Aie Puaiin A dof the tl Full be nucha Pe Planning M 8a Rior�b PlanaingnM pPmv with than Rv)Itpmem Dcv4)pmem RMmumi n bdiniomJupA,%11,nm Zmarol Vulky Aie Pollution Cmbm UelNnean Building Rpil 4 Building Moult Ulsuim lSIVAPCDI Pegulntion Vlq Rule gsdon uM Public an and mine particulate mother wordus Public Woon. Public and0.urclmal uW tluu. UUnnml, CmNution Mvrugomrol Diviuo cownnend, Convuunuoo Mimsioe Di.ia�)n Submittal of an Air lnµgm Asacmactit Morning and Pine Panning and (AIA) application for the pmWSM pojecl Developmem dinmvionasy I%velopment punuam In Dinna Pok 9510. DePenttcm and gun ac0onm Dep. and 4un Joaquin Volley Air poPsed Jaquin Valley PollulionCmbol entitkuwart UniBM Air minjin applicatima Pollution (Plum" Conduct Dulnct commission n nalUsc CSMitio PemiilaM Ten ve Ton mMeP Apphcatima); C,wlwcc wile mountain, m mmn, ss Yw,,,gnM Proton) ManningaN Dmnlmm<m identified by the San Jnquiu Valley Air Dcvelopmat 0.vdupmun IXPb Bnd Sm Pollution Control Dimond reryalivn to Ole Depnmc,t atM Sm Joaquin Valley AIA aPPliotin, including P,ynem of any Joaquin Valley Ab Unified At a®ssant fwc Pollution Cminol Pollution IJinbiof comfort Diabim 3.LL Water Develop and implement mitigation Planning uni Priorto Planning and In offct groundwater pumping Dcvelopn oaalwlenl y D op�ld equlalent ru and ine:euanr. the nip Drmmlmt ane Dapnnreot ani annual wtaer demand an buildout a May be Uelumtrnt of Public Delwmmn)( dearmircd appropriate by the Wouir Uulitim, Wome P)Wic Umitie gynnma Mmugm. mailrommi usmes. Division Wau+Division stall be subject no pour alogi by one Water Syso:nu Menngcr. 40 P/mftl)e CNtifi=uion by me BmN and Cooled of Freaw County BwN of pi to my action Planning am ben unt of IN CnncdlNm IN Nnt IN Supervisors and New by fire Ravi or Development land ownwr shall pay the County Tfeasurtr City Council Gwnnfgiving DeprlmeN. upon conciliation of Williamson ACt ferawfiveapproval 1s. Wtheu iimiw of any Willismsen Act contract Sammo ion of IM modifies and Frcxw Cnwty, BUW of PrwrmcacMicn Planning and contingencies enurnmorm in the gugrvisms and Fmmo by ON BnNm Development C rlffeam of Tentative Cancellation of City Coun it Commit of RpeflfrcnL Williamson amtcontracts(Including oce of C<fdu myoem in full Of IN amount of my Cancellation of ble applicacanulladun feuv)m any Williermon Mt co 1. Tle, Fresno County FVMud Pmaervaim The New Court Dior W City Planningmd Commivsim, Rival County Bnml of Farmland Pmumtion appoval order fRvelopment supervimrs and Fmsw City Council shill Commiatien Prewar mquaram gencral RPL evaluate tM rquests fon carcel4don of County Board of plan anwMment. Agricullmd lad Conservation Continuum Supervisors and Fream and IN raommerMations of IN Califomia City Guncd unarmed me Department of Conservation, Division of pumil or vetting IarM Return Promeon. ted SNOudeterindfive tract map nine on Nox uaellaNm applications. applications, 6.6 Human seal Said abandon musdng onSim wdl(s) Fenno County Prior to Depanmmtof Health /Safety aaym existing on- Sim private Sower =pile RpNment of dcvclopmmtm PuhOc OtlOic, systema in xcoManx with me Smm of Community Healm, recrvNtiw of Park Works Celifnnia Well Standard and City of Different of Public Find Mapan We Rp and Fresno aNndud,specifimtiom,eM Ddlities and Manning subjectpropeny, Pluming pagnc. aM Rvelopmenf hvebpnem hlNmmN Dep. Suumwmer btiins will be subject be City Planning and find[Sort free as Fresno of Fmsm cumbrous fon developrmlt am Conoturnent paramount Maquim and nce in order to prevent mosquito hpanmem Natwg=Servo; is VcurConwl booming aeilable Disifficat 1b Noise Approval of tc proposed project.sball be Planning and Pnor to Public Wmlu coNitamed upon compliance mbir IM Ccvelopmunt ocNpuey UM. and asuusucal Arelysis prepared! for ON Cepamncnt Planning poll psojcq by BrowrvBumin Cevelopnenl Aamacous, lx., dmN lure of. 2M7 Ueq. Pnorm Nau Sound wills aball M wnxlmned adjacent lbaelingnM Covelinennd fkve n. to raidendd ms to colon exterior wee, UeeWnmennl anupncy rebosmn In"Worn advay areas leeauW u 4s frnt naorlevel. Mechanical walilwion or air toodomnmg Planning and Pyarad Planing all duel is provided for 41 brtee m rbm Dcveluprnc,t pevelopmnt willow all fours my rennin closed W Department eccupancy. Ceprtmenl. rrywred rousticll Wuladam and. calmer doors, excading 61au Bron, Ould be abledrom Wood or ianwaud slnl Wan petlnecr weardor stripping all Wm'MW wads. 9.0 -loll Use Appoval is subject to an mmndmem to pormueM By City Cmnnl Morning" ntl its: requirements all nuWerds M time fevelopen matters an flu Ltveloptmm "barely 2035 Fresno Gercral Plan and Department A nddem R{wnent West Area Community Plan. appfa"on stay Emi m pmeeubtgt Ina. 101 and This Migl shall My its City TM PlunningW Ill.x-T.fo Signal mitigtiaaDmp.ar tithe timeer On.ewpmw Fein to Planmrgana and Circvlolian MiWing grtrvt lssuaocw The pmjmt sball Cegrlmem ail occnaprcY Ccvmapmem qY its appropriate Wren impact fees nich Cocaine rial ablic Weant eks MFbv Wuka will M delermirN at lime of building fkgmwl pemm issuance: Th developer of this project is regional to Piston'" and Prim Punk Works make frontage improvenxnu until rightof- Oevehpmen ttcu y Oegntmn way dedications along a mijartm wit 0.pmman4 Mbbe Connotation in mmName with the conditions of Works [k{wMrnl Mumquer em psoyst. spiritist unit comply might all of ttr Divisim mquirtmenLL of tine City of pension Department of Public Works. Traffic Enginxnrp Main= memorandum dated Manch 11.20DS Th" proud dill WY its pre"Onal since Planning aM house Calms. W Motion far imports to the Stan IXvelopnem uu:ugrcY manuagand Highway System (Sign brain [SRI " Department. Pontic moclostmnt imertWnger a Shaw Whit Asblan Simmons) Waks Department. apanmem in the annum of 5111.04000. Csloans nis project stuff provide ADT actors fn Planim" anttl qim ro Peak Works Ih Vacnna Rmlovnai 99 WhiteWnge Develymenl gccupvcY of lip RgNnml bared an a From, CM: each, run W. Depart°tent Public Drat dwelling um. Traffic pay its total hardware m emoibut impact Works Department. Embommg fee for Ibe Wain: subdivision to miigne Caltrans Uidoan the pmlnvs imparts In Je interttunge. 11'9 - Approval is subject to compliance with eM Fent Metropolitan Poor 0iinuarcc Fawn, Availobdiey ifeoymremenu of Jre Frosnn Mmropallon Flood Consul District of NlMintg Metropolitan .harm Water Fluod Gnwl Deriel(MFCD). the reit; Flood Consul Draimge Sora Dranage FlCW Central Manor veimso. public Focda..s and Plan. east grant of drainumque fns to Wwlu Ceps Irrigation FMFCD. and Plmadng n1sailt ma Faciliars Llvelopntmt EtiWInB tlreirage gtlmn mu W h Dept. mtinbi arvlu townit asse re antmaraerem, nationalrot druulity mors and coining] nwrtFn ramrt pipe themiin cicuN lrc 11.0-HnmKi Subject pmMty+bull no tested for fMpnnc tofToxic Pdmw IXfwmncm of mrcmally pooiurnl Mai such SuMurczs Control and devnlopmem Toxic as ruenic pedicidev am trcmis pour in Among eM Subaures devtupinm eW maulm of my tmirg IM:velopmem Cvnu w evalueud to dnemiioe if commumu s Implication PlamingeM prtxnt in soon will M pu lecnve of Dewl"Mint rendre(, and wmk vs. Colo mrcM ER No. 10130 Nmomon Measures and lindingr of Piml Marmagand By City Council Plaoniog and Ell 10130 (War Area Community Nvelopmam Dept as mount on Mm IXvebpment Plam are mcaryam(ed as nolM in amount "mormed by Section An nn Dept clecklia. IS I%VICEQ0. uppbcWon fl-I�I GryG FR:` ,I, a,awaa�l,am AtlxwoTpwertnnl aworwre se.n 1ar..al al�kw�,llr., n�. Fr®m, U VRrSlE3 eVY' .IIYw:m MerM 11, 2lf% TJKM Joe Ws EaeVIdak RE 516W.Stew Awae,Sutri Fr®e, CA 9201),TM15 Suj3jECT: REVIEW OF TRAFFIC IMPACT S DY (TIS) WR THE PfiOMSFD TRACT 5691 mmTaq firyaT A and a Avasn TWAda63. W rairenetl in Pamirgad pevelopnenl Avglat 13y10> TRAFFIC IMPACT STGOT"PRO VEO FOR PLANNING COI NISWON We mvaymd to Traffic Ingaf Stby (115) by TJKM forte Prop®¢abject gojad wfiidl pxe' S of 659 Single horrify Residental units on 112 laosatl 5g000 5F MreghWTfrmd 4ortainnoW on 5.93 alga: GENERAL COMMENTS and CONDITIONS 1. The trip gaemtlan lmsed on TE Trip Generation Mantel s wrngabtw. Tie proppaid prolad s projapad to gaelaw 6,451 dally tris, 546 tips dating VTa AM P®lt leura d Il5il olds W ring to PM park I ux. 2. Tis pmjea kali pay its Traffic Sgrel Mitigation llnpictUSMI)Fes of 1440.03 par single tsrnlly dwelling Int of to tirm of Wilding point basad on tie trip givandon ms(s) bean foM'rtr da stat etlticn of no ITE Goerallm Mantel lard the Major Far G 10. ThS pmlan 31111 lay is Tramp Srplal Mitigation Impact (TSMN Fina of 545.93 per Aremgn pally Trip for mlm]ICaI M fie tine U Wilding parnt Ceay1 m Ve trip generation ma(s) a.eM forth in Ve 61eN Wr ion of Ira ITE GvaMbn Marred and fie Naar Fee Sdeduk, TIe TSMlfm bamdm659 singe reentry dwejling mib s.♦OH9,g]B.TI.TIe TSMI 1m b®dm WmSFo1 regMorleodmnrerrel ¢12.14] AGT s 599,]1 g06. Tefoal TSMI Iesla Maertllmµojed s �i59,6@.Hi. 3 At IM intee21im of Stew Avenl yai Avdlm, lhw pmt t shall p?'Wma Wa4UUN Slaw Av4F.akdl h1w a 250 feet et -tum am antl sannaand Slaw Avasa shell now a iso feel rigftlium are.A nonninc d 250 fast ah -Wm PooW and a 150 Ieaf mdlboul0 rgM-tum pockel shall ass da o3nivilcad. TIS rrp require Vin xqusitim of prhafe property or fla mlolaion of PGE power polar This a a naan and salary L and Rall be core prior to any Wilding ola4asy and shall rot de Wrtled for a pat of ore final y raoardalim. It r®E to W wr Gentled prior b adding any additiaal Vaflk. This ads to imleots and salary W13i imp®0 by misting ad pml%1 raalod raft -turning alrf nghr.Nmirg rsnclss on Slav Avaae to Nmgh nmalalt netorsm. Te woM m Shaw Avenin is mmdasble rrro h IM Fra Major Steno Impact (FMSI) fee. Tim work m Hays Arerva is only ainmurssae if it s within the Ime4 late In aecir direction and thatwo v yktium l9ne. I Al the mlesekim of Stow Avon JRrya AvonX. Idle projen stall m Ifr Ws wfpd Slew Avenue "l Faye a 2% feat left turn ane n dem " Slaw Avenge Rel t Nre a 15%I ohl-Tum Nre Anclil xnd 2501ce1 ah-lum I> lit add a 15p Feel TgMWUN n9hblum pxkal. This n y reyV¢ Inti miosrron of privata PapaaY Orme rabatbn of PGE powapomas fie s a famoiani eatery ¢aeagtlshall be tlae PKK W any bulWitg omgarcy aaf Nell M be bon12H farm Pan of Cy) final map mwgdthon. It te m be mrmne ml Prior to aldag any eiprtTh io al traffic. e n1me ft iR and mfay concernsimyosom by mat ing and MJat memo ea -timing and rghFWm'vg vehbim on Shaw Avera W thmugh mo erlaa maorse. The worn an Saw Avenue a retire tmble mmtga tla Fime Mata Saint Irom:1(FMS) fee. The Wok an Bryan Avenue is only ralmWrmpm It it m wirM1rn one bare) Tare N and o n!clion"Ce Mn way IaX-tum leelefbturn Iaa selnaeRys W by macer Text Map. 5. The (y of Ftmm a nedmkng a egjuj Implmeraa Pmp abg with be Pade4P Ag M wide Ashmn Avenuefran Blytie Aveusto SRW to two lenes in mcmdire Construction s= rM1ag on Ishtar Avenue by Samar Ilbnlm belwml CoreleI Avehm anal Blytla Avenue user i e old UGM Sy an. As a �X a Inttlaak'c mumtg bataen flat Tggxt Map mtl Blylte Aveae erG w¢Ipavntl Ashon ream gag Elf widrW to 2 tam) tai Vg� traffic and it rlagm 1Ts Ied� tlo esno lv attl ahaty m'Imt 1 mM) to . Toabting ink omgl mlabtl aaaia me a ram0utm5hmmfmtl of tai FI�o Mala SIraW Impeq (FM51) Ina. Tteboebgk iwlutlmtle {el®satltl�a]m 65V W. A411an Aveam 45By W. Amon Aveae 0.513 W. Ae mn Avenue 4553 W. ANtM Avera The City of Flags Relic wale Cemrome a alternating to teary Pmpoation 1B moray a Ce boll) and land wxnmaalcnro widen Ashmn Avenue. We aMklaee ttet Ina City profear w111 program la a nfain the mAabpngmt m me Wok atouAt Merpled as City Capital Pfect tial in the event mel ulo ey m not available a acondition of me heel G. At a minbnum tai Pmjed soil D)non lAshlin Ave:m witha"meed' nwyen anj a seev tmrel Lee In II dim]Iw Wim a minlmgln 5 a should to wrYB.t Vamrea Boueren]Grwtttarq Awgve tta CogrNo Avenge. Thea will Ee gtlhiorel conditions an ANIm Aeatuu M tate s iMadat to rnmetare xarmyaa a City as SStdatli lona an Atlthn Avenue wltMN Wility, palm in tte say. T. At thy) Intim ion Bryan Avery)JANtag Avana be reamotion still be moryao mo oaetnmtaE wnimem wim tly) T ne pmjexA si install all -way slap signal N5 inbmammn. Tie pmfaR gall Provide mlaty, Ilurni%on ger no H anal wtgnviamil wines fa a Ii signal. Traffic Signal poen loved et Ile ulfinee mCnew am full reran bla vdiletl in me Trask Sgta Mltigallw Impact (ASMI) Ina. Tia lollowirgare the rem ylatapnfiguatiwalor tlnk mtnwggn; Bmtl'lxxnd rpp[Jaag mtl-tum one, 2 thmuga ones, acl rigne-win We wmLaagaPPl proemore2mraghbm arght-Wm one Embmmd eppn®-h efts l e. mmgh lee and a mnagh right -tum ore tJonhboundapptwrll eft -tum fare, slaedthmuglrrigM Wm are 8. At the Inprsaliw laym Awnta'Ashmn Avenue Me iii tion gall be Emgred ano wmlWcted t Brame with the R Standard lla 1)(011V Onill Signalize one inetion. Tragic Signal poles bamll9 Ina ultinlaI8 Kation are 1WI reimbursmpJ cmddimb in tle Traffic Signal Mitgatiw Immest (TSMI) Im. Tne lollowlrgaanen ry laremnliguatiore lormis iinteraction: Saahtnundy rmyn an-lum ate. 2 lhwgh lam, and nghl-lum wit, WmTouxd¢prmcn iei Are, 2 M Ws, ace righi lana E atIbahrd;phmch len-tum Ire, atnmgt lure, and e5erell Trotg'righl-tum At NorTOurd alprorA lett-turn ki^e,staretl Tro g4rght form Are Pnopertrarsticn will be moual an pe rersfrirpsi�of tM Fb t'lon. 9. At has InbrmGion Naym Ase-LoSsorspyrg Asaroar tha inhume Sall W gliagrea ad car hOomaE Commit AM tID M Stanford. Tle Project shall sgraf file Intal®tlbn. Traffic Signal poles boa3J a tla ultiali foal Sura full aiatoomoakl cretifial in the Traffic Sgral Mingatlan Inupect (TSMI) foe. Tac SIM (a pravias McCaffrey Tact les mmaoy Eme a M W OR maty IlgfNng. Tfe folbwing are I a nary lane configurations for the Fb14fpYx1: 3014holtnd app 1h aft -turn kine, 2 through one% atl a myn-fum kre Wmlband 11Dprootlh Will lana, Trough We, acla right -tum kine 11 Yband g Proof left -am We, thragh la e,"a hgM-Nm fere NorTO(1nd t<hgmTh Jai Wa, 2through ahem, ad a ngrt Nm Are 10. At the intersection BW AvenueJGgtymurg Arerua the Fblsopim arah Oa Ologetl ac rvsTxve mmkAnl wMt to M StamNrt Tine pmfac gall sigreltrp the inbaocilm The momooion gall W sigrenvic!ocontrol reYicletaffic train this tial existing tlafflc, school tanic ad Phi anile paclasvbt gaming for to elarshdry school a to mughwmY sonar. Table Signal hoof® Io®tl a to utlrreb location are full catlhol In the Taffic Signal Miligai lml Y(TSMI) lee. Tie following are to ray Ane ounfgurafgr( for Te Fbhnegbn: SaNEll"eypoatlh let -tum Are adg through- fight win lure wmlEoaltl appmadh left -Wm Are, 2 T%hgh liumi ad a righi Are Fatlbwxd APprmgl Aft -am Ara, a Thogh all altl eshlaRE thro glcgM-tum Are NonhLV Vd appinal kill -hum We, 2Tlagl Wire off aright Nm Are 11. At the rma a tiol Bryan AomnlalMeln Bouawd to Tap 5891 the ((just Ar spalls this intersection. The Inca ehion shelf oa sgraliaua to plhtml♦ IO;a traffic fnxn NAfhi aO,gN haff0, sAoolrunk ad Paoli a sea PECatai n cloasing lou to high school maps achoas to stag. This trai signal A M RirrWrsoOlatpaltatl In the TraffkSgnal Mitigation lmlecr(TSMI) mourd k pmjactq clic mteprao h®all theffb metrga,a BW Ah etoa lova c Tia following aR to molmour,Arewnflguldlons for this InAmeotion SpIDhxl apysiech Oft -turn Weal mo through lana wgromom APPOOOKO1 panel left-tumtl Ihragh lane rill Jaa Norbuouda Oiaol w.o way Nall -tum We. Trough Nae and para] inoghh-right tum Are 12. At tle lnamachan Ashlan AvehxeiPolk Arens to irharmahon gall Oa dmWM"hvreluoul kbN WCRtoA lull rtTho projatshall in Tsin Signal Mit TRfflc Sgal(Irkslolaae �to ultlrreta bmliar Sue full my Tal lar cred'a0 in the TRlfic to W lot Mitigation IMary (TSMn) far T or 5900 (a prerias MCCaXRy Thad ws alr�y cantltionetl to co a lot of t'e inlay lighting ard Indult. TM lollowlrg aRtlar �ryLire llxhlgulaflaelp Tk lnar�lhM: SOWhbdhM gpr®gh kry-lulu late, a gaRtl Nragn-right-hum lam wmNphrd aNr Ml all -tum area through, and ISO teat right tum Fre Earl apprlsN an hum tare, a through arp 150Im1 righl turn Wa NvnhLounp apPnvch lenium Are, a slele1l through -right -turn lama 11 This fairies dell Insell Irlbnigall Ttarsombtion Systrn (n) axWit ad Ilbx abng Ashen Aldus from Briar Aaaruab Comale Asaoealorg wish pole boxweN ITS equjanea axctbtl with our Mllc Wade bell signal inhawclion an fl¢[ Aahbi Alerru b sYnduonimd ab nebrtt Oorotex erlmma and IgA away nag mile. 14. FHye:Averaarpookk 9nallfmn Saw Amermb wAveneaell ttme2 mNebwxl knwmttl are WMpaed ere, GLrras exist Iran Gens Avam b SmR Arms where a Eogimsk exbls all de rmdveY rwbwe tivwn Mb Cwnly � tfan Salt Area b Saw Avana ITrighlikof-iappmn lea tie be*'" exist IIX mt eJA ael e n a mMbr M Ihragh Imo. Ore bre in sa( Ml) an ash tie IwVway batt -bun em'e a project s er e mlbsol stand a be Frena Major Slsel oubs b lee m Mic additional bwkpmjW wedllc m61ga11m and aIlan 5y Nk tleyopr®p aeN be pul on IM1e pmpaMamrm. 15. 113163 Amann maCMy regrell fawn GdlyYvg Avenue to Astern Amaee dell tame 2 mrtwarq 2 saAtEmtl, TheaI Van lefflum bre. TrWS whM balsa MCCafrey Trac ism on reel M this In be IN eat sMe ermpl the lot ham pe El bomysry of Tran 5f0] W Ayren Avenue. This prepany is awnN by the Ml Gus and Ill be wlCmet to ndue the bottleneck. Ore lax: in nate dimAiaa and the mo-weY Waft -Wm laze Is aelnWrwbb on a collector saes in be Fral Major Sines (MMI) IN. 16. Bryan Averxe Proof wllrras fun Saw Avenue b Gettysburg Adan dell lame arnNtbartl lea ore su41'bcurtd are, artd a Me vey batt -Wm bre. Gree lare In emh tllregag aftl tee L veY lett-tum lee is ngmburwbb in be Fresno Major Steel (FSMI) i 17. Bryan Avenue rmdwy wPeatl been Getlyebuq Avenues to Ali Amass dell f ave 2 nodtaaraq, 2 mNgboatl, arol a I000 -042Y -13i bans. Ore larea In eal dleclion and tie Mo-vaY IoM -tum ane b revnWraihk in be Fralo Majoraset (FSMI) N. 18, Ashkn Avenue roxMeysagnml from Bryan Amenable F yon Avamegall bevswlin a-,elffi'nedianaM VIVO travel lore N mtlt di tbn with a minin urn 5 fl 9misor. This a Wlly oerebein the Fresno Major Shwa ImpW (FSMI) IN. 19. Gdllsbus Asaue mde¢y Drax lam Gran Avaue to Mayes Averem Sats lee ON w63lbosd wish mininnum 5 M tlpulter, 2 ®same,"a teawaYbXium Ione. One late in sel direction mq the lre� way lett-tum Ware b eindureepk in be Feel Msjor Glued (MMI) IN, 20. Tie prclosecl pmjed Mil Peaks noOUN37l' bnpmvare'rb W rigAat-way along bell PUblC ehwb as W Ch of Fr63v raquatemts. 21. Re ProP®d Pbjeot dell make full IMbetrwrts including a welFabk {stir xrow rerainker lot or bat Iles Crest a hdtbre]r (eve it not inclutletl with this Imp) No rasoll of links inn Off along pbjes fmntwe amry tirg Pmjetl frenlege on Ashen A,ksksiHailes Avenue , CsMaOurg Awrue, and Bryan Avenue. ZL The props tWo sBryn A,knue,Ganioulug venue ffito lM rceNynd Hayes chalet of IW full m Bryan Avenge, k elal liken gyenm, Athens Avenue, and Ha1ee In no . The NatlwaYs Sou al tie bull b dmanrt�aa thu leel d en a t flay may not be snowed to be irewed (Stnt>ad zNsgned) until Ibeq'TuiteskY Of ae ell in fair Canty haze bike Ione ireg311[d. 23. ThO Pmpl®i Poll stay pay all applimbk Caltrans into do Mltigalion Impact leis to Vis Gdy OI Fro Traffic E9aeaiN®debloalm by Cebtars for AshownAv ai Avarua wV W M. 24 Vedas BoulIa ldF,A W IlMrd InM a an Inlegal pal Of the West Fano as NoMvmt Flaw Circulation Earralt in Ce 2023 (taeral Paul. Cify staff are anmbY vnxkirg an Ile Project &Ldy Papal (F ) for ba rex intardralge to Winona OW9blaon a otter Intardangas TTa intardvrga a a Mamma C Tim 1 project"is papally furleda a met of SW million. Fa'vnoad rats for "total projaY am $97M Ilion I®vN a anon fall of $37b ri lllm. Tfa Mimeo awtage daily trips (ADT) afrwd by be now Vetareno B IarmfcMl % jam oforge to M.M v icl® in 203$ bawl an tla City of Fnaro tadninal rraroatlanaWrow lay Caltrans.7ramfora to mverdealgp fall W ga NS l am oa gOmetruclatlwttt MAY Pmjacl a Wast FI®a as Ncrinwaoa FI®m will lay $M%VADT that ale sol by Ce Inbrdage (ganga am Ieavey Or Katmai S W va tta Intardhoa e) to oral a fair dela ban idrtlon to ee In ondalga b mdiglota be pmje t VDIAMAa b Ila Cirotmtg Elarelt of Ma CialOral Pan MEN In Off® with Ca Mitigalm F®, P0. This fall a l Provide ADT l9ara for be Veterans BOul vis W inamo as a bill of a Frage t noel run. Tlta bbl lair dere milimtion Irntaat Iw for tie Wim aAdivakn all ba fed poor b Cm@sy of the first d polling mit. Bryan D.J T.E Traffic Ergheaing Mauro nook World Delamnarl, TmHic Erg'vmnrg Division C Tr Enpvenmg � to, �rWWU kY hTi toy ww Tulin. 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Ee €{a ZW @ a E 9 E a El-;8a$ c=gs g9LUse E21 3SJIM M k..�•�s�'5`11€ $mo�gog� Ilk sg@ $ E s 99 _ ME -C s-CE2 5 $v 5 �F €g E2 iOgg@z'gt f Ig e <e g bE € fE a m s`SSE E @ iSE EFUR 8�Ra $:S9g EE g�® 30EE 'm r r ( ; / ( \ � \ ! � \ \\ w g / |§| $ \ !Q, !'!| !/ \ /{ ; ! g ]g | ) !®! E ) )) § §n a�! \ §[ >,.,. \ � \ ! � \ FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12894 The Fresno City Planning Commission at be meeting on November 05, 2008, adopted thefolical esolufion pursuant to the Subdivision Map At of Me Government Coda of the State of California and the Municipal Code of Ne City of Fresno. WHEREAS. Vesting Terni a Tract Map No. gall was (led with the City of Fresno and proposes in subdivide Me subject properly loathe purposes of a 731 single family randentlal (848 lots) and neighbomocd commercial Mapping center (4 lots) private street planned develapmentsuedwa ion with 88 Ouff its proposed to be detlinetetl forva rums open space, private street, and parking purposes on approximately 122.93 net acres of Property located between Wee Ashlan Avenue and the West Getgsburg Avenue Alignment and between Me North Bryan and North Hayes Avenues; and, WHEREAS, an February 12, 2008, the Disbit l Implementation Advisory Committee reviewed the Vet map and related conditional use permit applications: and, WHEREAS, the Planning and Development Department sort recommended approval of to Proposed project subject to all conditions of approval cotained in the staft report dated November 05, 2008; and, WHEREAS, at that same hearing Me Commission re awed relatetl Cerebral Use Permit Application No. C-0]-300 proposing tp surreal the planned development of the subject property and Me modification of property development standards for the sublet propeM. and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on November Of. 2008, to review Me proposed subdivision and considered me. staff report and inv8ed testimony with respect to Me proposed subdivision. NOW, THEREFORE, BE IT RESOLVED Mat the Fresno City Planning Commission hereby, finds and determines that More Is no substantial informed In Me record to Indicate thatVesting Tentative Tract Map No. 5801/UGM may have a significant effect on the environment as idenfified by Me Mltigmed Negative Declaration binding for Environmental Assessment No. A07 &R07-29/ 07- 3087-5891 dated March 19, 2008 and subsequently adapted by the Fresno City Coumdl ora May 20, 2008, BE R FURTHER RESOLVED that Me Fresno City Planning Commission finds that approval Of Me subject vesting tentative tract map is consistent with the adopted 2025 Fresno General Pan and Me Woodward Ed* Community Plan and the tidings soared colons tp Section 66410 at seq. of the Government Cotle. BE IT FURTHER RESOLVED that the Fresno City Planning Commission ni approves Vesting Tentudaw Trac Map No. 581 subject to the Planning and Development Department Conditions of Approval rated November 05, 2008 and the following: L The conditions of appreval tot Me proposed project were revised In accordance with the addendum, 'Proposed Revisions and Generators to Contliiions of Approval jeCondloonel Use Permit Application No. Dll7-308 and Vesting Tentative Tract map No. S8BIAIGM dated November 05, 2001 "ll wase prepared by City staff and adopted by Me Planning Commission. Planning Commission Resolution No. 12694 Vesting Tentative Tract Map No. 5691IUGM November 05, 2008 Page 2 2. The Asasteent Director of Public Unless clarified for me record that human controllers' Of controller using avapefenspiration will as equivalent b an anomalic controller for imgatioMandsrape maintenance purposes. 3. The Public Works Department,TraXlc Engineering Menagardan0ed forme remrdmetpalmlent of doe $773,398 mitigation for easeesed for mis project's fair share contribution for impacts to the Veterans Boulevard I State Route 99 interchange maybe distributed twenty over me firatI Final Maps receded In Tract 5891. Sad tee of $154,6]9.80 shall be due at free of Final Map Acceptance and be placed into an amount as declined in I e Shelf Report for me November 05, 2W8 Planning Commission heading. 4. The developeCsubdunaler agreed to work wits fire aojacerm property owners reading at 4373 North Hayes Avenue (Grigor and Aida Surars"n) to: (1( Assure axes care and maintenance of invading amenities on the adjacent property during construction (e.g. prmecfon from dust and noise, provide for appropriate cleanlrg, debris removal, yard maintenance, etc.)', (2) Communicate with adjacent property owners and fake conversation with respect to fencing on and around the perimeter of adjacent property to establish and maintain uniformity; (3) Provide for and maintain appropriate access to adjacent property during ccnsWc m, and, (4) Establish and maintain a dialogue wim adjacent property owners respective to presets of ooraWcfon, (i.e., provide appropriate notice of when and where work will be omumng, welch may affect adjacent Property, keep adjacent properly owners informed of new dervelobal etc.) Ther foregoing Reduction were adopted by the Fresno City Planning Commission upon a mean by Commissioner Hon, seconded by Commissioner DIBubuo. VOTING', Ayes - Cherry, DiBuduo. Holp Kidder, Torossien, Vasquea Noes - None Not Voting - None Absent Vaey Qft"066'A4p�' DATED: November if. 2008 KEITH BEFGTHOLD, Secretary Fresno City Planning commitsson i Resolution No. 12894 Vesting Tentative Tract Map No. 569VUGM Filed by The McCaffrey Group Actio¢ Approved FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12895 The Fresno Clry PWning Commission, at res meaning an November 05. 20119, Indiffed me following Rsblusion final to Conditional uv Permit Application No. 007300. WHEREAS, C ntlltional Use Permit App'uwtioc No. C-07 3011 nas been filed wNuMi of Frocnoby TTe MoCaff ray Group, for approWnately 122.93 netacry of propeMlcvted between Wast sol Averse and Me West Getnysbury Avenue Alignment wrap between the NeMt Bryan and North Wyss Avenues: and, WHEREAS,GparnmeyUse Permit A which cn No.rm300saekserty rion IorM overcome We private ion:a yenned developmertt wmm� inmdas moN!ied property develapmam smMafda for Me subdivision: and WHEREJS, on February 12, 201 the oisrricl t Imyemenletion Advisory Comminv norewea Me remtea tentatire tree map, end, WHEREAS m Novemba r O5, 2a00, ma Frasm CTy Panni n9 Cmmivan, teNewep me. subjec cmtlNwal was pam:h appfcetipn inacrordsnw wit the pollecofMe West Arae C mungP andrareMSFresno General Plan'. and. WHEREna may Commivlon wnductec a pi beuLg to ravrew me prepovd cerl6tionel use perms, ere'rred testimony from me appiimnt arN considered the Planning; and Development Depvtmatra report recommenyng approval W me pTowsW mnai(pnel uv Permit subject to specal permit conations; war WHEREAS, at marl same nearvg me Cdnmlvbn reviewed steward Washing Tentative Tract Map No. 5091NGM to subdivide Me property for the puryssas u! a 739 -lot, single IamJy residential (0,18IMm) arM neighs mods commercial dropping center Is arts) private street panned development wflb BY Ou11gs proposed to be dedIcated for var'mR oper svw, private street and parl purposes; and. WHEri the Fireman Cry Planal Commission considered the prgwva aovl use warmh reserve to Me ala" report and environmental samurai issued Iv Me projebl; and. WHEREAS. me Fresno Cry Planning Commission InvpM moan ony wilt reaped to mB proposed mnmidonlll use vatmit. NOW. THEREFORE, BE IT RESOLVED mat the Frvmo Clry, Panning Cwnmirwar hereby, finds and di armmee that mere is no'substa doll evidence in me remra to inmate that Conditbnel Use bermrc Application No. CG01-305 may have a significant effect on the environment as WeoOfied by the Mitigated Negadva Declaration findbg for Environments! Aaessmen nt No. An7-08M-07-291C-07 GOST 5091 dated March 13.2008 a" subsequently adopted Wire France qty Coundl per May 20, 2000, BE IT FURTHER RESOLVED mat me Fmi City Manning Cmmindon berehyaprmvv Cndlronal Lou Perm A Apptipadon Na C-0Ja00. aummlvng to rYvebpment of a private threat planned develroment whom Imdudae medtf d development standaraa for Me surbolvilion subject to the Manning and Development Department Carcinoma of Approval canal Novemmar 05. 2009 and the Midi 1, The conations of appoi for mar. proposed project were revised In accordance with ma eddaMum, •Pmpcsed Fearsome and Convectors to CartdMma of Approve) for Conceded Uv Parmil Applicaltwl No. FOA300 and Veseng TentnLrve Tract map No. 5891 MGM tlated November 05, 2008; which was prepared by CW day and adopted by the Marring Commission. 2, The Aasatant Director of Pualc UtHady clarified forme recmtl 0a15mart handsome c a conn rusing evagdhanepi2tion wdl be aqumaanl m an aummadd p ormorler for irrigatioNlandYape m enhMafLe purpo as. PLANNING COMMISSION RESOLUTION No. 12895 Condraonal Use Permit Application No. C-07-308 November 05, 2008 Page 2 3, The Publlc Works Determine, Traffic Engineering Manager clarilied forme recWtl prat paymam of Me $n3,39a Milestone fire asseesad for dri prgerrs fair share wnmbWon for Impede to the Veterans Staffers/ Same Route 93 lmarcivan9e may be dearb od evenly war Me hand ave Fled Maps moan nd In Taft favi Said fee of 515,1679.60 deal robust at dere of Fnal Map Accor steado be placed Into an madamt esartlinad In Me Shot Pa ort for Me November 05. 2005 Penning Cum mission hearing. 4. The safelopar/subdNderagreMto wank wilM1Neayecenlpropertycwnen rembonget4373 Worn Hayle Avarua(Gtl9or antl Aida Bimodal to: (1) Assumable care and mameronee of Wartier amentmen on Me adjacent Propend during consima ion (a 9- Pmedi from dust and mdse, provide far aPPRmi Snug, deters removel, yard nalmenence.no) I(2) Communicate Wert dejsadet property owners and Mks mnsideradom wind haddect to fencing on and around to permeer of adjacent properly to establish and maintain undomdty, (3) Provide for said maintain approprMte aopeta 10 adjacent property dump consmedia; and, (4) ES,ablleh and maintain a dadorue Get adjacent prmpreM mor rareava Ve t0 presesof tnsWclbn, (i.e., pmWde appropriate notice of when and where work will be occurring: which may state adjacent propety, keep resonant properly owners informed W new devNcgmem, etc.) The foregoing I'mai Sian was adopleo by May Frders Cary Planning Commission upon a minim by Commandeer Hdf, seconded by Commuf igsr D Ruduo. VOTING: Ayes - Cherry, SiSuduo, HGl. Kistler, Tarmsien. Vasquez Noes - Nares Net Voting - Nohe Ahsem - Vang nv%W !eAF DATED: November mi, 2COB KEITH BEROTHOLD. Secretary Freaiw Clry Planning Cmmmu sten RWsdudon No, f2B&5 COMaioral lase Permit Aplicatlon No. G07 308 Fluor by The MC(aftray Group Aidon: Approved FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12911 The Erase My Panning Commission, at as mem ing on December t0, goal atl%ted Ne fallowing ¢solution relating; to Na proposed Development Agraament by and be Bn the Clry of Fresno and AshlarvHeyns No. l L.P. WHEREAS. Conceit Use Prime Appiiratbn No. G-cri and Meeting Increase Traq Map No. 589INGM have been Med with the Cher M Fresno by The MCCemey Swap, for approximately 12293 net acres of propeM located between West Ashlen Avenue antl the Area GeM1fyaSury Avenue Mitt rrad: and bmwesn the NOM Bryan and Bonn Hayes Avenues: and, WHEREAS, The Fresco My Counts in its ini on May 20 2006 abopte l the MNSat80 Negative Oeclaream slanting for Emwmnmemed Assessmen[ NO A-07-0 -O7.N 7-308T-5691 dated March 13. 21(Ordinance No. 2008-30311 No. Bi and, W s. 1204. The thereby something a Cing the ienat int ant van m Novemberilt 2x03, adopted ReadWon Nos. 1204 and 12695, ng ebyaWwritln9lM1e development eM auarrapponof m iSubjed ma PmpertyreeMe purposes of a )nt pia, eirgle felly residential (896loth arb 41m;F orMod tommemim shoppAg career (A lots) pri+atnds Mesta tndtlevelcgmemstia onlsionwM WOWIOS her werobedaticeW for veheusooptt space, prrvam sireµ and paAirg putgases on approxMatery 14299 rel edea: en0 WHEREAS, PureuantOr ere Prwiabns of Section 65699 oft of theGw¢mmentCWe, the City of Fresno Is auNorzed to anter irto a Development Agreement wM any pi losing a legal or s tulmMe Interest in rem pmpeM for the development of me pmpeny: and, WHEREAS, ASManMayas No. l L.P. a UmXad Partnership, Yes such mimed A Ne Subj= Prgeery and desires a Development Agreement by ant between the Cry Or Fresno and AsNarBHayae No,1 LP.; ae, WHEREAS, pursuant to the provisions of Section B gill al the Government CWe, the Plan eg Commiesbn of the Cay of Fresno boa a public hearing on and IVi day of Decanter, 2008, to concept to prryesed Development Agreement by and between 1N City of Fisher and Averse Hayes No,1 L.P., during which the Fresno City Planning Commission iI testlmrmry with rsMLt 10 me prapceed DevalymeM Agreement, NOW, THEREFORE, BE IT RESOLVED them the. Fradi My Plan niig Cammissm hmebyhinds and automated met there is no subGanual evidence in the record met me a kation of me Envelopment Agreement M me project descriptmn smashed in me infest whaN And Mhigalse NegaSve C Jarenon prepared for EmAronmamal Assessment No. A-07-01ei-07-29C-07-300i ge21 dated Manor 13, 2008 EMN01 rsuesln a submandal change int the proisl through the involvement Of new significant environmental effects Or A substantial increase In the saveriyW prevbusly id¢refied signifmtt effe and therefore recwnmend; the City Council approve an addercum to are MND prepared lot Environmental Assessment No. A-07-IIe1- 2130817-5691 dated Me¢M1 13, 2". 8E IT FURTHER RESOLVED Tat Na Fresno Ciry Penning Cemmwslm!rerebyrecpnmenN aoproal to the My Cartel of Ne Development Agreement by And between the Cry of Fresno and A4M1IeNHays No.1 EP. subject b are follovi findings'. 1. The prepared DevabpmanfAgrearri in avroNaxe win Sectian 65961.5 of me 5ubovii Map Act, b consistent stint the 2025 crashed General Plan ant West Area Community Penn. As me compared Development Agreamam heats on the devNopmem and suWMebn of the Sudden Properyas proposed by Scratched Ilse Permit Atedicapon No. C-0]-305 end Veet'mg Tewwe Tract Map No. 58chi which were approved on November 05, 2008 and tlµehmimad heart with the dasllln. Improvements, tanshy antl zoning Eminates snare), to be consistent vnM are Scab, adiscorras, and poMies of the 2025 Fresno Gsmerel Plan and West Area Community Pan: and. tuM¢r because the Agreement) remember moss condMons of PLANNING COMMISSION RESOLUTION No. 12912 Development Agreement by and bel¢reen the City of Fresno And Ashlar"ayes No. 1 L.P. December 10, 2006 Page 2 approval and Morislon measures for me Proposedpmlevq which have beendeemednervsaary 10 assure mmpliance win said plans, it may be daterm fined Nat to Development Agreement is also mnmslerl with said playas. 2. PTepmpnsedOevebpnmlABasmenrpmvieesNat Vesting Tanyourve idler Manno 5691NGM Me mmONed MN Me"wabns of Staron 650791 of Ne SuMNrsive Map An yelairve to Ne eererrruwnon Of hunwrianr waler suppiY as dented Naeln. A water supply study has bran Prepand torte Ordered Poo l add is snudureb to cnnplyfulty whh the hadoodmend of Senate Bills (SS) 221 end 610, Ths rasulislcondus'ura of Net study have beenlrcwrporet S when tha analyses of Me proposed project with ms ec!o the California Environmental Query An and condilioning of Me pr000sed Pmjed for approval This Of nNcates They the Clryol Fresno will have suXidentsupplles avav'abie Wong normal, singla," multiple dry years to meal Me damarW wheareled with shad proposed Road along with an reasonably foreseeable planned she of dMedpmwds a0tlie Fiesrro's spMre of Idruen4. The Gry of Fresno Department of Rated Ildfmes had reviewed and verified aaq study. The foragers Resolution was adope V by Ne Freem City Panning Commacwo uµn a motion Ey Commissioner Her, wasnoeb by Commissioner DlBuduc. VOTING: Ayas - DiBuduo, HM, hidden. Vang Note - None Nd Vofng - None Abram Corey, Torotvan, Vetpuez >(gck�i DATED: DecemMr 1p, 2pp8 KERX BERGTHOLD, Seae®ry LFretno Ciry Planning Commission Re"Tion No. 12912 Devolo bi Agreement by and between Ne Our of Fresno antl AtNi nTlayes No, t L.P. Acdon: Recommend Naprbvat t0 Off Council Raeoreing Reenacted or G ICork. Fresno C9H/WnY Na FeeGOA Cab SIN RNwn to Chy Gi Fresno ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVEDBY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITYOF FRESNOANDASHL HAYES NO.1 LP. PURSUANT TO THE PROVISIONS OF SECTION WSM ET SEO. OF THE GOVERNMENTCODE. WHEREAS. Confetti Use Permit Appeceuon No. C4)7309 Mal Vee6ng Tentative TreN Map No.S INOMnevebeanfe for Wi Matwhinreelproperty In Me CMMFrmm, Countyof Fresno, Slate of CalgomW, heminatterrefeme WAS Vre Subject Propertyane tlescnbeg mtollows: Pe" 1: Tne NOM NII Of the NMbwml goeMr of Ne Soulbeast quarter of Maim) 10, Tw.Mbip 13 Soto. Renq 19 E&A IAounl DIWb Base wal MantlW N Me Clly of Fresno, Caunly of Fresno, Sees of avemrue, so ang to Ne OflWI Rel toped. Except the North Stl feet thereof n&abfore Wnw)atl b Fresno Tymn Canperry. Parcel 3: no NOM oneiOf the Se.M ono-nell of Ins Nodi comer of W SOommuse rower in Boom 16, Toanahlp 13 South, Range 19 1 MW m DOW Sage and Merdmi in MC CMN Prove, Cowry of Fresno, Shoe M Cashorm , aWoreirN to Ne D firme Pee MCRW. pam 3: The SOUM mei 0 the Surto WOW WNe NOMwest querow 0 the SouNeM quener In SMbn 16, Toamhlp 13 SwM, Rewe 19 EMS. Mount Diedo Bee ma McMlen, In the Devi Of Fresno, Sees N Wants, aaoncrq to Me OI6cW Plat MereW. Easryting therefrom Me South Iesm1W Nps West 61 her. es ooi 0OeM SwrebMlo. Ordinance Adopting a Oevelopmand Agreement By and BeMreen the City of Fresno area Ashlan Hayes No. 1 L.P. Page 2 by Est Geed mptl may 21,IMM Document No. 85067812, of glklel Reconi Perch 4' The Nort one -huff Nie NOM me -had 01Ne Southeast quarter d the SwMWI quader quarter a 3ecen 16, TovnslJp 13 South, Range 19 EMT, Moum Diablo Ease ant Meridien, it the County of Fresno, Sraa N Ctffornia, um ri to the OBINal PIN MI Excepting terelron all ail. Ties aW minarets previously reserved N remrt. Perch 5: The North half N tit NOM Mg of the SONhwtt quaer N Me SMhme1 gWrler 0 Smtlon 16, Tom Wjr 13 SwM. "a 19 East, Mount Thai Sees and Mention, fvicepmg tMMmm Me Stub 1501eer N Me Fat 215 teal N Me Nown ha N Me North had N the Southeast quarter of Ma SouMwat dealer Of Mb SI 16. Neo eympaq Merelron Me nest W,eteM 680fast a Parcell of Parcel Map No.44T4, reberam in Sock 31. Page 28 of Puce! Maps, Fresno County Resume. Parcel 6: The $oth Mrse4ourVs N Me SouMwMt appear of Me 3wtlreMt WaMr and the Wast had of IM I thre fwde N Me SctMMt quarter N the Southeast quarer a quem a Behan 19, Tovmap 13 Sea. Rerge 19 East. Mount Gado Beare and MadM, In Me County N Frum, Shah CelBoma, according to the Oficial PW doral Fresno County Remde. EaoepMgtherefron Me SwM 2871W Of the Noce 474 fast of Me WM440 M N Me South MreT fourths of Me SwMwet quaer 0 Me SouMMt Member N Mid 3 w16. AM MreafawMOTnNng MOMOMM MO liboirl M beer of de North Mi fest of Me Wool N the Southwest quarter 0 uses SOW sane W Mid Sectkn18. 22B TOM of The I NM excepted thorshom Me Soth 326.Oo fast of Me Eat 295.00 feet of Me Wet has of The South IMM-10uMs N Me southeast quarter of the Swtheat quader of and Secton 16. Parch? The 3oNA Mn N Me Noce had a Me South MS N Me East half of the EMI hell W Me SOtheuat dUSYW Of Setim 16, Township 1:13pth, Range 18 EMI. Mound Oabb flaw are Mandan. in the Countyaf Fral SWe N California, rtardlrg to 1M Unhad SdIM GovemmeNToneNp Pat; rd, WHEREAS, The Fresno Cary Council at be Meeting on May 20, 2008 adopted the staggered Negathm Dua2tlon Ontling for EnNmnmental Affeeement No. A-07.08IRA249/C47(yfyT l dated Much 13, 20D3 (Ordinance No. 200111 No. 834); and, WHEREAS. The Fresno City Planning CommiMbn at M meting on November 05, 2008, adopted Resolution Nos. 12894 area 12885, tMreby apelondng the devebprrentsurd sadivielon 0 Ortlinarcw Adoptlng a Development Agreement By and Between to City of Fresno and Ashlen Hayes No. 1 L.P. Page 3 No Subject Property for fie purposes of a T Iw, single forNly mancental (646 Iota) and neighborhood commas al shopping center (4I=) private street planned development aubdlviaton with66OuWWproposedbbodmtl tedfavariousopenspace,pharemeat,eMpantingpuipoaea on approalmslely 122.93 not acres; and WHEREAS, Pursuant to Me proNeions0 Section 65664 at seq., of to Gowmmem Code, the City of Frewq is authorized to enter intoe Development Agreement win any person having a lop or equitable Interest in had property for the devNopment of Me properly; and, WHEREAS. AshleNHeyes No. 1 L.P., a Limited PermeMlpr has such Modest In Me Subject Property and desires a Development Agreement by and between the City of Fresno and ASMa"aye; No. t L.P.: and, WHEREAS, surname to Me provisions of Section 65667 of die Government Coda, the Plabmng Commission puha Citycf Frwnobeda pubs; hsaegon Me 10"deyof December, 2006, to consider to proposed Dewlopmenl Agreement by and between to C4 of Fresno and Aat en Here No. i LP., during which the Commission considered. and recommended to the Council 0 Me City of Fresno trough Resoleion No. 12812 approval of, the Development Agreement; and, WHEREAS, The Coundl olthe Cilyot Fresno, on" 16" day of December, 2006, received Me racommeMations of the Planning Commission ant City staff m Specia lly defelNd In the Planning ant Development Department Report hats City Council torthe IntroduNon and adop6at of Mis On inence approving the DewlopmeM Agreement by and between Iha City d Froward and AshleeHay la No. t L.P., dated December 16, 2008. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION I. Based upon the testimony and information presented at the hearing and upon review and consicammon of Me awronmemal dacumentedon provided the adoption of this protests Development Agreement gin Me beet interest of Me City of Fresno. The Council fins in Ordinance Adopting a Development Agreement By and Season Me City of Fresno and Asi an Hope No. 1 LP. Page 4 accordance with ft own indeperalmiludgment11nat More a Msuberan ral evidence In Me natant Met the addition Of the Development Agreement ad Me projed Oeecdption contained in Me 10Ns study and Mfigated Negatiw Daclarmcn Prepared for Environmental Assessnwnt No. A -07 -0&R -0T -29I 07-3584-5891 noted March 13. 008 ('MND'), through Me Addendum dated December 16, 2006 hours in a subdental change in the protect trough the involvement Of new significant environmental efiecw or a wbsmnbal increase in the severity of previously idadf6ed significant effects. Accordingly, pursuant to to findings VdAcac In the Plaming and Development Oepedment Report to Me City Council Mee December 16, 2008 In accordance Mien Suction 15164 d Me California Enm or meMel Quality Act (CEOA) Guosiinei Addendum bene Miligeted Negative Declaration prepared for Environmental Assessment No. A-07-084i-0739112-073087-58B1ie hereby approved. SECTION 2. Tow Councti Once Met Me proposed praject is a development lar ~ the Development Agreement is appropriate pursuant to the mcings provided In Me Planning and Development Department Report to Me CiN Council dated December 18, 2006. SECTION 3, no Council finds, in accordance with Section 65867.5 of Me SubrBVisan Map Act, and pursuant w the 0ndings provided In Me Planning and Development Dapmmerd Report to the City Council sated December 16, 20()B. throbs proposed Devatopment Agreement u caneiabnt with Me 2025 Freeno Gemerel Fen and West Me Community Plan; and SECTION4. The Council finds Mat Me proposed Oavanpment Agreement complas with Me Frearw MunkApel Cotle ertl oNerapplicabboNlnarcas, etanaartle policies, ant regula5ma Oi Me CRyolFresnopumuanttothefurcngsprovlcscin McPWNngand DavNaprnent Daps wt Re n to Me City Council dated December 16. 2008. SECTION 5. The Council finds Met Me proposer Development Agreement turMew the Wood health, safety, and WOW wsiare; and WA not be materially comments to Me use, enjoyment, or valuation of property of other pmaoro located in the vicinity ot the Subject Property, pu= M to Me Ordinance Adopting a Development Agreement By and Between Vie City of Fresno and Genet flayed No. 1 LP. Page 5 fillings provldM in Me Planting and Development Department Report 0 the Clry Courfdl Gould December 16, 2o08. SECTION 6. The Courwll dMe Met Me proposed Development Agreement provoere for enter and asteroidal public benefit o Me City of Fresno and reaidenb along with a schedule for mMery of Me henefb Mumuant to the finings prdvidad In the Planning and Development Deparhmnt Report to Me City Council dated Deconuer 16, 2009. SECTION]. The Councll fndsthatmaconstmdion of putlicfecildim required in conjunction with to developmerals adequate to serve tedeselopmentpureuant to the findings provicled in the Planning and Development Department Report to Me City Council dide ! December 16, 2008. SECTION 9. The COYdd! Mdalhatthe propose! DevelopmentAgreement prondesspedPzd cmaldone under which further development not induced! in Me agraemere mayoccurpureuant 0 the f ratings crowded In Me Planning and Development Depamnent flagon t Me City Coancli dared December 19, 2009. SECTION 9. The Council finds Met the propmed DevNepment Agreement requires of llhul performance toll or other appropmte security In an amount deemed sAndent to guarantee to faithful pedomlande of spec9led terms, cousbons, fmViagns, andlor requlrements of the Agreement pursuers to Me fillings provided 0 M Planning all Development Department Repedto to Chy Cou nal dated Doom mtor 16, 2009. SECTION 10. The Counc firiews in eccoNeme with Section 8596].5 of Mt Subdwision Mop Aa, and Nrouent to the findings pronded in Me Planning and Development Department Report to Me City Councl&red December 16, 2006, Met the Proposed Development Agf MGM primal Met VseMg Tentative That Mep No. 6091NGIA has Mantled will the presidents of Sectlon 981]3.) relelive to Me determination of a "sufficient water supply' as defined therein. SECTIONII. The Council frerebyadopband stopovers the Development Agreement by all between Me City of Frearw all AshleNNeyee No. 1 LP. dared December 19, 2008, and OAdeence Adopting a D Jopment Agreement By" Betaeen me City M Fresno and Ashlan Heyes No.1 LP. Page 6 authorizes the Oty Manager andlor his designee to execute the Development Agreementon hehaff of the CM W Fresno. BECTIM 12. Thls omnance shall heol eMeave and in full forte and effect at 12-01 a.m. on me Muty-fine day after its passage. /// 111 //1 GLEAMS CERMAGATION STATE OF CALIFORNIA COLMW OF FRESNO C"OFFRESNO I. REBECCA E. KLISCN, Cily Clam of the City of Finano, ce" Mat me tore0oing ordinance viasadopted by Me Cotmd1Mdu City ofFenno.Cet ia, u e regillarmeatlrq bold on the day of 2008, by me fnllowln8 vole: Aym. Noes: Abeam Abateln: REBECCA E. KLISCR CityClerk DeraloPmenl AOraemem by and balwaen th City W Fmm and ANIaevRayr No. 1 LP, APN Nola).: 512-010.01.0),1).18, 28, 32, 38, N, 50&54 EXHIBIT J RerorWnp npr.n.e q: EXHIBIT J CM ckn. FM .. alwame No FeeGO,n, Cane &to Numlo CXyCMF, Fraano r ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVEDBY x SECONOEOBY Rcecllm BILL NO, 0 ORDINANCE NO.X -3= AN ORDINANCE OF THE CITY OF FRESNO CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FRESNO AND ASHLANMAYES NO.1 L.P. PURSUANT TO THE PROVISIONS OF SECTION 958fA ET SED. OF THE GOVERNMENT CODE. WHEREAS. LonasoMil Use Fiat AppllfeGMt W. C -0]-30e and V9eting Tenb We Tract Map No. 589tNGM nave seen lila.] IaaY Mlet cerMin lea; propeM1yln ilu Llry 01 Frevq, Lounly of Present, SMb MCellbmla, Mtetrlaryer reNneabrllle Suagcl Properly alM tloactbetlas l0lbvre: Pascal; Tee Hann Mtl of Me MMrveen quMr of IM Bassani qwi", of Becton 16, TovmsNp 13 Saoh Natga 19 Eaµ Abont DaW Bona am Mention an Ct City of Ftean. Caunty o Frtvq, Stain of California, emabg to Me Omani IVB mares; bc¢t en None W Ann Mmes; MIBWon cmWpJ to Festa Tse tis, Comaany Pascal 2: Tim Health if a11M Soum o'eW of Ne NOMaec puanar 01 Ne SnArwMM Meaner In Rosen 16. Tprmsap 13 Rcmn, Pe,e 19 Bass, Marl pWb Base ell Mennen nee O,ryq Frsno,Coasy N Fresno Sate of camonw, asoply to 1M gFgel Fel M se i Peml3. Tne SrYn onfM1W of Ne BwM Me W1 at Me NgMypal Mraaer d Ma SdnlieaW Muenarn Re Mon s6, ToxlnNp IB 9wM. gerye 19 Earl. Abum Debb Bvw ane NBMien, n Me County of Team, Sub 01 Cellon¢ ecamtiry to Me Olhto Fly tlwrM. EacepILg Menlmm Yu 6 165.W few of tic Wmi fins. W Iml. as cmwysa to Renee Rsrmsma AVP( I'l rlLlll Naw!—L'�i11JItL a6G��d Ordnance Haggling a oeveropmenl Agreement By and Bemoan TO City of Fresno and Conlan Hayes No: 1 L P Page 2 Irv. GYI [Iced Plated maV 21. 1945 as U xhrnanl No rtmob rc r2. of Bette Records Feel a Ton RrIgh 111uM1all of me Nonn ane -Hall W Ills Sour !held quaner or He SeeIheast grader grana, at SP Id Tm,ehip 13 Smnq Range 19 East Mount l Baw antl Morrgar, rn the Coanry W Hof State of Calromw. aCCorerng 10 the 011cul Poe llmraot Flogghg IhmBlmm all ort. We and mmcrae, prevmuyy reserved of reeved to ¢,14 Tr.. N.m na ,Nur pc .o r s n ' xfei y l 3$oulrlr,Range 9 tat. IMupl Lr largo Mve end Marrow. Va rr •rl %rlenn if Emoting nlernhom 100 Sergi, 15n Zeal 01 No East 215leer al rile Nor halt of the Nong half ul He SOwnnexf Quare, d rM $GN emyt dwraef o1 w Section be Also evcopun0 lnnrelmm the at W o5le ry5601eat a Far:e12 of Perre1 Map No 4474, rocoreed In Nor J1. Page 26 of Parcel Maps. Fresno Counly Rho, Ancel L l lm S•WII Ihae hinds ul Itle SnuOwefl glamor Of the SdNeurxl quaner and to West ball he the - u nner-hour of me souvwau quarter of me Ftp Siga sawy quonnr ell quaner m 5 n 1g waght)Cal derogIat 10 agethe 19Eat.Mount OwGOHase aMMendmc, In the CGunryol Fre5n0, Stared wleomw. acmrdrry Io Nn OI1¢ral PlGnnerea[ Fresno Cnunry Pomdc Etcepbrg IWraemn IM $oNh 287 feel I the akeh 41 loot at the West "a lee at me Sau1h three IdunM at the Swm aesl quaner or the SdMaagl quader nl hard Setlgn I6 AIsO "I long merelrem Zhu South 20 toot d Ire NOM 653 feel of Ino West 2251e51 Of 01e SUUH three -'Gag" of fhe SOWM1wesl quaner of mo SoulMasl quaner of fired Social I6 AIrPD c^ging marAgm the Some 326 M Feet o1 the toba daMlost m ora Weal rwu C,ISa Irect tou s of the Srojer9pUanm 01rho $clue qunr ado15eA SOP 15 Tlm SPICK haM 01 the Nonn Malt 01 IM1e $Plum hal, 0 are Easl Fuel OI 1" EaS halt of Ina Southeast quarlar ut Sheloo 16 Towrasbp 13 Soum. Padge 19 East, Mount GIeCW Base and Menden m IM Caddy W Fresno, Stain nl CICID q, COOHOurgmthe UnneJ States Gomrnmom Township role and. WHEREAS, The Fresno CCN Council at its meeting on May 20.20DB adopted the Mlllgated Negative Defamation lot for Environmental Assessment No A 07 00/&07 29/0 07 308785091 paled Phil 13, 200a (Ordmancer No 2008 32/Bill No B34f. ata WHEREAS. The Fresno Cry, Planning Con,rueien at its meeting on Novemae105. 2008. apnpfed Re"lunon Nna. 12894 Net 128P5 holiday ayaht Me dovelopment and SulMrvmmn of Orolnanco Adopting a Davelopmenl Agreement By and Bahram the City of Fresno and Asnlcn Hayrss No. I L P Page 3 Inc SUsud Property for the purposes of a 738101. mnglu family rouramllel (668 Iorsl and mergnoemood commercial shopping center I6lolst private street planned development supervision wire be Cunots proposed to ON Measured or various Open space. private street, and pea ng purya l on approximately 122 93 net acres. and WHEREAS. Pursuant to the pgvrslons of Section deal el Seg., at Ne Government Cade, The City of Fresno Ls authorraed 10 enter mica Development Agreement wM any persw Federal Isgal or equitable T rant in real property, lot the aavebpmom of the property: and WHEREAS. AMIMNHeyes No. I L.P., A Limited PaanorsNp. has soon interest in the Subject PrcWM and deaaes a Oevelrif Agreement by and oelween the Oily of Frosno and •sola , ril No 1 L P and. WHEREAS, emserni td Ino proami of Sectmn USW] of the Government Code. the Planning Commission of the Crry of Fresno nate a public Freemason the 10'" day Ol December 200is. To consider The proposed Davefopmenl Agreement by and between me City of Fresno one Asnlan Hayes No I L P., during whrdr Ilia Cwnmrssranconeetwed end recommended same Counul at Ne City of Fresno through Aseyeautern No T2912 approval at. the gevetopmem Agreement dna. WHEREAS. The Council of me City o1 Fresno, on the 16' day o1 December 2088. tacef the recommentlavons of me Planning Commission and City %Ian as specifically aelaited in the Planning arra bevebpment Delpf"Munr RePen to Me City CaunCJ Idr the introduction and adoption at this Ordinance 2911 meg the Development Agreement by antl between the City of Fresno and AshlaNHayos No I L P. dated December 16. 2ooB. NOW, THEREFORE THE COUNCIL OF THE CITv OF FRESNO DOES ORDAIN AS FOLLOWS SECTION Based upon Ina Iertral and Information proarded at Inc hearing and upon rWrew aria consmeranon Of The anmNllmamal EocpmenlauMr prpnded,Nea mesion at (me pecpssed DevelOPM"t Agreement IS In rho best interest of the City of Fresno IDo Courinit IrMs in Oramanre Adopting a Development Agroemanl By and BeM6en the City of Fresno and All Hayes No ILP Paged 60cneda ll with in own rnoapandenl luagmonl Ipel ILcve Is rw aubsrareal m Bence in the mcom that the Mention of the Development Agreement If, the. protect aescnpumr cormemeo in the Initial study and Mhiparlea Negalwn Docial euon prepared fp Envvonmenlal Avmvrmam No. A,07gflrRL)-fill 07-JOWI.5891 dated March 13.:Wl I'fall mmugh Ino Addendum dated December 16, 2006 rceWis in a subslanpar Mang, in Ria III hruaglInti Irl.olvomenr o1 new significant envlFd1Fl l0l effects or a suldnion ihOpaSe in the savuory of movloualy Iconllrred significant limms. Accordingly. pursuan11o1heondrngsprpwdedrn Ne PlannmgaMDevelopmenl Depanmenl Rept to Thu GN Council dared December 16. 208 in formal Wrin Seemed 1516e of Ice Cadloruw Environmental Ouarrty Acl ICEOAI Durdail Ihu Addendum tome Mitigated Negative Oedriarmo pfapareo for €mnonmarial A5effiva l No A -07M R -07 -29/C -07306R-589115 hemby approval SECTION 2 The Dmmnt finds that Ifle propasurl protect is a devetopme ll ler wnml'I the Oaveluom.ml Age tient iy a ipepnale pufsuanl to the Irnamps provided in the Pending and bihol meal Ilepadmenl Ronald Ic in. Clry Council dated Uef i miler 16, 2006. SECTION J. 1 he Cnunnl nndi nr a mNi ante with Sol 65867 5 of The Suddreasion Map Ail unit PusTant in the (moral provill in the Plar Nury anti Jtveloamanl popanrnnit RepanS Ino Crly Control dated Decemeur 16.2008, that the Plopusee Efavelopment Agreement is rental with IT I102. Baum General Pan had West Aran Commwnty Plan, and. SECTION4 The Council llnds Had me prolwedd DeventI Agreement complies with the Tizo).Murocrpal Cale and Order rq,titcable varial stwo.mms polities and regulations of he CON of Fell pursuant to the findings prwldea In The mal and Develglment Depemmeon Report IO the City Councn dated D rson bed i6. 20011. SECTIONS The Council Ends mal The proposed Devolnumenl Agreement handers The pal healloo sold and general wenam. and wifinOteematswilTaelrlmenWI tome use. enjoyment rfr vplueew of prapedy PI door poetics located v1 me vrcrnlNcl IIOe Subind Pmpady, pursuant m ane Crommme Atlapline a Development Agreement by and Between MO City nl Proton and Ashlan Hayes No I L P Ease 5 nnUmgs PPDmdeo in The Planning aro Deyempfnem Depanmam gepolf ID the Clry Council dated December 16 bill SECTIONS The Council Lntls that The pmposea Development Agreement proNaes for clear and sublibra al pub[M benefit to Ne Clry at Fresno and residents along wllha schedule for delivery of Ilia benenl pursuant 10 line Imams Providedm Inn Planning and Dovobpment Department RePon to the CITY COunul dated December 16, 2008 SECTION The C,mJclWnai that The ronslmcbon of pumlc lacaNes reamreu in conjunction With the aavempmam is adequate to sante the development pursuant o the Manage provided in the Pmnnmg inn Duwmpmenl Depanmam Repon m the City Carni it dated December 16. 2006 SECTION a The Council finds Thal the proposed Devetuprnont Agreement provitles speCllled cdndworic under which rudder development ot it 1t deo rn dleagreff may occur emiurri me hudmgs Provided in the Planning and DsvONPmenl Department Rearm tome City Council dated Decembni 16, 2008 SECTIOND The Council lnNs that the proPPUrd Development Agreement reVuvasa lentral pevlurmanca bond or other atmfOI nates security In an amount domed suarcent to guarantee the Panel pedorrnallee of specnrad terms, conditions. rasuCuons doNa ,equiremems of the Agmameill pursuarl IC the endings provided in Ina PdmmPQaro DereaRyP nenl D pamnBnl Repair to the CITY Ceunml doled Decembni P, 2006. SEC I ION 10. The Cannot finder. in accordance Van 5u.1mn 6h667 5 at the SurWri ben Map Act. no purzuonl to mar findings provided in Ilia Planning and Development Depanmam Report to The City Council dated Detonator 16, 2008 Mat the prooral De':aadi Agreement Mayotte mal catling Tmtahv r Traci Map Nn, 56911UGM Ila& compared volh lite pruyrsbns of Seaton 964737 Primitive In the deh!rmina ion of a"sudid enl error supply as debited therein SECTION II The Council nearby adopts and approves the Development Abhorrent by and Wroreen Trio City OI Fasnd and Ashlan: Hayes Na. 1 L. panda December 16. 2da6. and Ordinance gdoyonq a 0e ADIDI) mAgreement By and Between the Ciry of Friend and Ashlari Hayes Na ILP Page 6 aut"Ili the City Manager andlot his dean... e> execme the Dinu li emenl ggreamenronpenetl of the city m Fresno SECTION IY This ordmanCe Shall become. aXecwo and to Iwt lone and efled, al 12'01 a ni en the Inerrltrsl day abet its passage CLERK'S CERTIFICATION STATE OF CALIFORNIA. COUNTY OF FRESNO CITY OF FRESNO I, REBECCA E NLISCH, City CkN of the City of Fresno, M)Mty That Me foregoing Mehnance was doodled by the Council of the City of Fresno. Caltlomia, at a regular magplq haltl on the fin_ day of pacenseer , 2008, by the fonowing vote: Ayes"IhOvn, CgFraGllo. 4gec. Wncan, 5[eclino, Mixg Noes None Absent. Peva Abstain: None APPROVED AS TO FORM. JAMES SANCHEZ City Alionlly Ely Deputy Devebpmenl Apreomenl by and between Iha Clty of Fresno and Ashlan/Hayes No. I L.P. APN Note).. 512970-01, OT, 17, 19, 29, 92 N. iB, 59 8 5E EXHIBIT K CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEMBER 05. 2009 CONDITIONAL USE PERMIT APPLICATION NO. C-07.308 BETWEEN WEST ASHLAN AVENUE ANDTHE WEST GETTYSBURG AVENUE ALIGNMENT; AND, B"EEH NORTH BRYAN Me NORTH HAYES Aval PART A- PROJECT INFORMATION 1. Assessor Parcel Nola): 512U7001, 07,17, 19, 29, U, 39, 48, 50 854 2. Street LOcad= Located between Wast Adrian Avenue and the West Gobydburg Avenue Alignment: and, between No" Bryan End North Hayes Avenue. (Council Olstrict 1, Ooardlmember Xil 3. Ezising Zoning 119-11JGMJc (Single Family ResitlentlaWman Growth Manegamemil banaltbre olmning) zone disbid; 'R-2/UGMi (Low Dewily MuMple Pool ReadembaWrbin Grower ManagementlAwth condlllons of zoning) zone distinct; and, ' 1/UGWJ (NBighborlwotl Commerdel Shopping CentedUrro n Growlr ManagemenNv9b conditions of zoning) zone distl 4. Proposed Zoning "R -14)G69¢" (Single Family ResidendaWrdan ell ManagemencWitr condldarns ofzoningl zone dial -R-2lUGNt(Low Dal Multiple Family ResidendaWrban Growth MenagemenVwilM1 condie'Gne of zoning) zone disdrd; and, 'OuI/UGhl (Neighborhood Commercial Shopping Centerautan Growth Maragememy4fin con ll of zoning) zone district. 5. Planned lend Use: Medium Density Haeidengal(4.99-10.37 Availing unpolacre) Medum-High Danaity Residential (10.58-18.15 dwelling uninvacre) Neighborhood Commercial 6, Plan Areae: West Area Community Plan 7. PrOled Descrpfiom Requests auMarrafion to establish a prvate amend planned developmentwith modified lOtama, lottlimension, building setback and lot coverage requirements for lots proposed to be created! by Vesting Tentative Trod Map No. 5891/UGM. Conditions of Approval Conditional Use Permit "Milan No. C% 308 November 05, 2000 Page 2 d 15 PAU S - GENERAL CONDITIONS AND REGUIREMENTS The Planning and Development Director on November 06, 2008, approved Me special permit application subject to the enclosed Ilse of conditions and Ediffla id "A.- -P & -L- dared October 30, 2008. Staff has determined, ilial based upon the announce In the rocmd Met bar project gopoael wlY W have a significant Impact on the onvlronment and that the filing of a Mldgated Negamm Declaration re appropriate In accoNerwe with no provisions ions of CEOA Cellon 21157.5(a)(2) and CEOA Guidelines Section 15178(b)(1) and (2); and has proposal a Miegaed Negative Dispersion ending for Envimnmental Assessment Appldation W. A-0)-08/14-0]-29IC-O7308?5891. This envimnmemel finding was properly national on March 13, 2008, eM was approved by the Fresno City Council on May 0, 2009. No further environmental assessment will be needed at this time. IMPORTANT: PLEASE READ CAREFULLY Planes note that MIs project maybe subject o a widely of dscretlonery conditions of approval. These Include condition based on adopted City phone and polkics, Mose downward through she plan review and environmental aseesament easenUi to mitigate adverse edecle on the environment including Ma hi anh, safety, and welfare at the community, and recommended scandal fordevebpment Met are not essential to health, will and welfare, but would on the whole enhance Me project and its relatlmuMp to Me neighborhood and environment. OlscretionarymndNonsotammro lmeybeappsated,. PJlcooerequlremente,however,ere meMetory and may only M Mod0led by veriance, provloed the findings inherent in Fresno Municipal Code Section 12405A nen M made, All discretionary conditions of approval will ultimately ba deemed mandMary unrese appealed either verbally or in shifting to the City of Friend, Planning Commhoelon at Me scheduled public Meting regarding Conditional Use PMmh Application No. C07308and VeMhg Tentative Tract Map No. T5 IMOM. Approval of thin Goodial Permit shell be considered null and void in Me event of failure by iM applicant andvor the autmodieo representative, architect, engineer, or tleMgner to dreaded and delineate a0 facts and information totaling to Me subject Property and the proposed development Including, but nm Omned to, the following: 1. Alla gond and proposed Improvements including but not limited to W®Mngs and structures, signs and their uses, Ines, walls, driveways, pull Mandte, and Open pard use areas on the subject property and all of Me annealing which are located on acloW g property and may Monarch an Me subject property; 2. All public entl private easements, rightso4wey and any actual w potentialpresalptive Monsanto or does of the subjeol property: and. 3. Existing and proposed grace difierenhals between to subject property, and adjoining property zoned or planned for re&dental use. Cathinone of Apprand COMItlMal Use Pennn Appputlm No, C-07-308 November OS 2008 Page 3 x115 Approval of this spesial permit may become null am yool In Me event Net development Is not compl(rlad In accordance WIth all the containing and requirements Imposed on thlsspscial trumd. the Zoning Ordinance, and all Public Works Standards anal Specgka . The Planning aro Development Department shall not assume hoponsg111ilyfor"deleCOns crOmLvsbnaresuhklg from Me spacial peril review pass or for addhions or alteration to construction plan not spaclficaity submitted and reviewed and approved pursuant to this speclal permit or subsequent amendments; or WOWS, (fracture this nate on the site plan.) No uses of land, buildings, or muctum other Nan things Specifically approved pursuanl to this site plan shall be pem,ibed. (include Nis note an the she plan.) Transfer all red tine notes, etc., Shown on the edgMal ails pan exhlWt to Me final site plan. CORRECTIONS SHALL INCLUDE ALLTHOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED SYTHE PLAN CHECK PROCESS. The exercise of rlghtsgmnted by this SWIM permit Muslim commancad by November05, 2012 (four years from the date of Director approval). There Is no exception. To complete the beck -checks opss for building permit regulate an planning and zoning Issues, submit copies of MIS corrected, final elle plan, together with copies of Me elevations, landscape, and Irrigation plena, and any required caver eMs andlor stu Iles or analyses to Me Planning Division tar final review and approval, tan days Wom applying for building permla. Copies of this final approved elle pan, elevations, landscape. and Impost plans slamped by the Planning DMalon must be sub Muted for unstamped copies of the some In each of the sets of construction plane submitted for plan check Porto ISSuanceof Watling parmib. Thefinalzro meed site plan must Man Include all corrections identified In Me plan check process. 13e Maimed that on-Slta Inspections All not W auMorbed unless the firal Aanni approvat site pan, elevations, landscape, and migration plans are fid udeE In the plan check lila copy. Please contact Will Twc at (559) 521.803 or via small at WIII.TeekettOimano.gov as schedule an appointment for final ski for building permits following your reactor and subalttution of Me bur copies of the stamped, Man eased, approved exhibit$ In Me plan check In accordance With the provisions of Government Cade Session OW20(d)(1), the Imp ntlarn of flee¢. dedication, reservations or ens ns forthis protect aremgnst to protest by the project applicant A the Mme of approval or functional approval of the development or whin 0 days Aar the date A the Impositon of the fags, dedications, reservation or exec imposed on the development project. Than n nalWe does not applyto things fees, dedications, reservabora Or exactions wh kit were previously imposed and duty noticed: or, wham no nonce Was previously required under Me provisions of Government Code Susion Magi in Aect before January 1, 1997. Conditions of Approval CmdXbnel flee Prime Application No. C4/30e November OS 2008 Page 4 of 15 PART C - PUBLIC The following requirements ere based on city records and the soca aey NMe existing as proposetl on-stle and off-site concerns depicted on the serious submitted. Reculremenanoiearesetlduea mission or misram eentation of Information, for which this review became w degeaent, will be imposed whenever such conditions are tliecbaed. Ouastions relating to dedications, street Imprwemenls or off -greet parking geanetdcs may be Nrecled to Louise Oillo at (559) 611 1 Loulse.(ka0®freem.aov of the City of Fresno Public W ods Department, Engineering DMsron, Traffic Section, 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Estates -A• is required be Include sit street furniture, e.9.: pudlo udey Odea end ares, guy wires, signs, fire hydrants, bus shop benches, mail bores, news areas. bash recepadmi. tree walla, etc., will Me euang sent proposed back dgMaol-way. b) Provide and Identify a minimum four (4) loot wide can of must along ma pubiicsldewalk directly in Most of 0 precHues created arms the subdivision as required by Tiffs 24 of the CelHomla Administration Code. An create p hosidan easement maybe required u Title 24 requirements cannot be met within Me ekbtrig W blk dghls-d-way. c) ENCROACHMENT PERMITS. The consbuchon d any wormed, safety or suPeurlace ernes structures and appudenarpec ekle ra ng within Me butte righdoi-way M pmAMued unless an encroachment Permit is agpnoved by Me City d Phrase Public Wore Department. Engineering Disebm, Special DlatedMPseca as Right of Way Secede, (559) 62141696. Encroachment scream must be approved R=a feasance of building permlM. of DEDICATIONS. The following Moderate requlremena must be satisfied Griot to Me issuance of building peers: • Dedkaeorechellakeplaeeina daoewuh Me Conddonsof AppmvelWVeeeng TenaWe Trent Map No.559INGM tlead Novambero6, 2006. e) VACATIONS. The following vacation requirements must los smbrtdd IlEsE to s amirws of building camps: Thera are no vacations squired at has time. 2. STREET IMPROVEMENTS a) Allimprommensimalt beconebuclad lniccmdaaswlM Me Standard Spedecatloraaa Standard Drawings d Me City of Phrase. POW Worse Depuhment or Met cmrelsclicm pans requlredaaeTghoved byte City Engineer. ThepsdomaroedenyworswlMlntla usage vasal righaof-way pnciudbp pedeeldan, water end sewer utility easements) requires a Siree1 Work Perish Issued by Me Public Worts DepvMenl, Engineering Condllons a Approval Conditions) Use Permil Application No, C 07009 November 05, soda Page 5 of 15 SeMces DIviSlon at (559) 621-8693, odor to Commencement of Me wars. Contact the Public Works Depedment, Engineering Services Section at (559) 621 8666 for Counted Information. All requlred street Improvements most be Completed and accepted byte City adgr to occupancy. C) Eisfing off -alts Concrete Improvements to remain In place shall be revalued If damaged Sndler off grads as determined by to Public Werke Depadment, Conshuelion Management Division (559) 621-5500. Such repalm most be completed pill to final ocwpancy. C) Design and construct cut, gains, AC paving, and residential sidewalk became to Public Works standards, spectcatbns, and policies. Ptsns Shallbepreparedbyam Wemd CNII Engineer. NOTE: Reference Conditions of Approval for Vea9ng TenkRve That Map No. 5811 dated November 05, 2008, for require tunes resp rcllve W major, local and intoner private streets. d) Provide Out romps at all Comers within Me lknds of tis subdivision. B) Cates are not allOwatl Sea MIs application. If Maks may be dealred In to NMre, a redeaign Is required. 0 Install slreellights on all frontages to City Standards as Ceremone0 by Me City Traded Engineer. Street lighting plana are required and must be Approved by the Public Works DepammenpEngineedng SaMcae O=W commancemani of Me wors. g) Underground all eaisfin9 OM80e watered radial Within Me limits of this elle as per FMC Section 121011, Section 8-601 and Resolution No. IB- 884!9. h) Provide parkwaylandscaping Sheet honest shall be planked evey60 feet on Center. Plans Shall be prepared by a landscape architect. 1) Submit four Copies of a Geometric Approval Chewing (GAD) to Traffic Engine sing for review and approval, per Me attached chec0.MsL prior to submdkl of street plans. p Submlf the following as a single package to the Public Worse Department EnMlneadrm Division, Plan Check and GIS Mapping Section, (559) 621-8992, for ravlewaeW approval, rp for to Issuance of building and stoat wont Porous: Street Improvement Plane, Signing SO Striping Plans, Street Lighting Plains and Landscape and Irrigation Plans. 3. SURVEY MONUMENTS ANO PARCEL CONFIGURATION e) All eurvaymonumentswftin Me amadconshuchon shell beprecerved and itniswmed. shall be meet by a person licensed to produce land Surveying In Me Slate of CaMomla. (Include Mie note an to site plan.) Condition of Approval Condltiarel Use Permit AIpezatbn No. C-07-309 Ncvember05.2008 Page 8 0115 PART O- PLFNNING20110,10 REQUIREMENTS 11 PLANNING a) Development is subject to the following plena and phllcled: 1) -R-1,' Single Famliy Rnsldenllal Doti(Section 12-211 of me FMCf d) 'R E' Expressway Area Overlay DlsMtt (Section 12212 o1 the FMC1 My ' Nelghbormi Snapping Center Cletdtd(Secgon 12417 of N)'UGNI Urban Grovi Management Pioneer 0.5 o1 Me FMC) of 'ycz'Condgains of Zen Ing (Session l2-2O2E of the FMC) W) 2025 Freddie General Plan vlp West Area Commonly l Ian 2) ZONING a) Appmvm of Cor Rbnal Ude Permit App8m8on Ne. C-07308 ie c tngent upon eppmval of Rezone Appllcentlnn No. R-07-029 and Vwsfing Tentative Tract Map No. Sear M. 3) POPULATION DENSITY a) Contingent upon approval of Rezone AppIcabon No. R-07-29 and Me conditions of zoning pleased on the subject property and Me medium and monum-high really realdarl al planned lend use designators: the subject property, shell bas developed In accordance wi h Val Tentative Tract Map No. 5891NGM dated October 3Q 2008 atW Exhibits 'K of Condmonal Use Permit Application No. C01-308 defect October 3q 2008. 1) Based upon the number of dwaWng units(du)allowed Par acre, respecBva to the metllum density (1,99-103] dwacre) had medlum-algh density (10.38-18.15 dufacre) residential planned lend use designations, and based than the respective acreages of Me subject property designated for metllum density (approximately 9824 acres) and medlum-nlgh dmwitY (eppmbmatefy 22.55 acres) residential development the supom propend It required to her developed own between 714 and 1p07 defoRip urge to meet Me density requirements of the 2025 Fresno Oenerel Plan and FMO. • NOTE: As the subject temmWe map was anpepiforpoicesamgion 0ctobar23,2007, which was prior to the'drop-0otm" provision deadline of October 31, 207, Mw imposed overall density of SAS dwelling unbNacre (648 d"Wng units) for VesUN Tentative Tract Map No. 5891)UGM may be bund W be consistent vol da 2025 Fresno General Plan and Wast Area Community Plan (pumuamto Section 124M B 2- b(I) of Me FMC, which was In effect prior W Oclaber 31.200]). II) A subsequent entitlement will be wonder In order to review the Whom dewbpmeM proposal or authorize an Alternative development scheme for Me supjem propriety. Turner environmental review may also be repubad for any inure northern dependent upon Me level of Intensification Met may he proposed Conditions d Approvd Occasional use Permit Application Na C -07 -ads NOvembWO6,2008 Page v of I5 4) BUILOINGHEIGHT e) No touting orstructurserecteO In Me R-1(Single FamllyResidentk6mredatddshallhavea Night greater 35 feat. m No building Of structure erected M the R 2 (low Oenelly Multiple Famlly Reslden0eq zone district $hall have a height greater Man 35 feet. C) All accessory Wlldifgs on to subject property, or lots proposed IS he created by Vesting TantaMe Tract Map No. 5801A)GM Send OGobar30,2000shellamplywM MB requk ms and provisions of the development Standards of Me FMC for me respective sone marks afW Section 12-300-N-1 (Accessary ry Buildings) of the FMC. NOTE: Exceptions. WeTalght structures may be approved by the City of Fresno Planning Commission or Director of Me Planning And Development Department. However, fon roof structure oranyspace above Me height limit 09 be allowed forthe purpose of providing addMonel Irving or poor space. 5) BUILDING AND YAUQ SE71I MO SPACESBErW N BUIMING Setbecke shill be provided In accordance wfih FrMIISM; A' of Condli anal Use Permit AppAca0m No. GW -WO dated October 30, 20011. e) No main building shill los evened within 15 feel of Me Pacific ON add EleMc Company (PG&E) transmission Ilse easement except as may be permflted In accoolence with Me following: g Lots S& Wad Vesting Tentative Tract Map No. 5091AI61A defeat Odobef30, 2008 Mail be penning d to have a reduced setback from the PG&E transmission line "Bement for potllons of the mein hearing which are font Soared! to be MebltabIW living space (e.g. Blooded garage area$). NOTE: 1nnOd=mdancs SallanymMm Ot MemelnbuMil ,Mlchemproposed tobedevdopetlontheeW mtemre dlore,beallowedtooemcamawlMln IONMol the PG&E transmission Ilne easement. • NOTE'. The 1540oi building seMeck requirement imm the PG&E transmission lire easOol was established burned upon Me retentian of a minimum 50 her building Sdbackfmm Me centerline of Me existing and potential future transmission Ilne Mwea located within Ice eaeemeni (oxlsting centemne located Wheat Ifmn neared boundary of easement) pursuant to ON Prudent Avolderce' shategy practical by Me City of Fresno. 0) In accordance with Policy W -e -e of Me West Arae Community Plan, a minimum 20 fool rear yard building sdWck shell be provided! for Lots 100-110, 20.5240 & 474.4T! of Vesting Tedaeve had Mep No.5891AIGM aged Odober30, 2008. 1) Alternatively, for SIWW story S"Unes, encracchmenta Into Me 20 -foot bustling Conditions or Approval Conditronal Use Permit AylcaOm No, C -07S08 November 052008 Page 0 0115 seOack my be Permitted subject M approval by Me Planting and Development Department; erq, Ip ABernathody lortlwse lwo-alory structures with no rear -facing windows above Me first floor, or lar those portions of Iwo-sary awdures which have no rear -lacing wirMowe above the fast four, encroachments into Me Moat building setback may be permitted subject to approval by the Planning and Development Department lip The garage setback for Lola 24&248 may be reduced to accommodate the rear yard seMacksrequiredunderMlsme on. Howsver,ilagarageseaaoof Isss Men18feat Is provided, Men more shell be no peddng allowed on Me ddvaway, NOTE: A portion of OU I'At' of Vesting Tentative Treat Map No. SB911UGM, dated October 30, 2008, wfilch Is aaacent m Me alley may per utilbatl for pemllel Pekin stalls to provide additional per'dng to LOU 245-248. For MIs purpgse, e covered exhibit (to Container! Use Permit Application No. C-0300) which Includes detailed paring demonstrate shall W submitted for ai and approval by Me Planning and Development and Public Works Oepmtments. A Iodi caped bulbmt shall be pmNtled between palm of parallel pending stella provided for this pspods In order to maintain a Buff icon bndsoape buffer along the norm propend line of OUOot Al" (i.e., Iwe in larant parellel palls, bulbuut for landscaping, Mn adjacen pare Bel stills, pouring far landsoapirg, etc.). All required emergency vehicle clearances shell be maintained. c) Only elngle-story procbree shell be allowed on Lots 481,485,633& 634 of Vesting Tentative Told Map No.5081MGM dated Oclober 30, 2000 ettepbrg circumstances in which a 20 -foot building setback maybe pmvoed to the mein bulldrg from propeMllres arach 00 adjacent mine cultural Iota between onahA6 and two acres in sin and developed with at least one dwaliing unit d) Any proposed deviation from Me building setbacks esMbtohed by Exhibit W of CondMonal Use Permit Application No. C-07308 dated Camber 30, 20118 expands revision to CondNonal Use Permit Application No. C-07-308. 9) Specas between buildings shall be provided In accordance wih Me Approved building season and building s hedges for Individual properfles cespe l a Exhlb0d'A' of Candidates] s] Use Permit Application No. C-07-308 dated October 30,20()S. Q Proposed produced aro required to W found In compliance with Me fire reasons standards of the Uniformed BulWing Cade. In Me event structures do notoomPfymey must to morIDsd so as to meet the requirement. 6) LOT COVEPAGE a) Lncovemgs shall be pennflladln accordance MM MeappmvedbulldlrgsNbacka incubating dmetopes far imccAdual traverses respective to Exhlbtls "A' of GondPoonal Use Permit Application No. C-07-308 dated October 30, 2008. Conditions of Approval Conditional Use Penult Application No. C -309 November 0.5, 2006 Po9e B of 15 a) no subdivider shall provide and mall all landscaping (and Irrigation systems) In accordance with tiw Conditions of Approve] of Visiting Tentative Treo Map No. 5691NGM dated November 05, 2003. I) A IandecepB plan shall be submitted and approved for all open own and mormicnel areas will the development. • NOTE: O"nspwcwamasehallbelandazapedby Nadevebperinacco an Wlh Ne approved plan and shall thereafter be maintained by the property Ownerlau phi r de r; or, n a member which provides eppmpdato security and Is Beamed acceptable to both Na Ctiy of Fresno Planning and oevebplfiond and Public Woks Dep irm ants. b) A minimum of 25 percent Otte t0tal me of of residential lots propcsetl to becreetsd with lot areas Of less Nen 3,500 was feet In Brea shall compose and be developed wall Ne boundary W Na association) Wth number open specs for residents of the development. • NOTE: B"Wred lroMyerta antl tinea] eltls yells �hellrwi be conGderetl pad of the 26 percent usable open space. Usable open space Gull Moody rear fares, interior side yards and landscaped areas behv"n units and pathways, provdied Nat moi of Nem maids the minimum Width and depth raqulrements (eight feet by eight trap. Usable open space Shall also include pMste pence and balconies. Ddvewey and parking areas, indoor IMng areas of dwasi pope, garages, caryode, equipment moms, utlllty rooms and any other buildings used for the maintenance of Ne develUpment snap not be comwered as pad of the usable open apace. p If the toted area of all residential lots, whch are proposed to be created wiN lot areae of lase Nan 3,500 square two In area Is greater than one acre In Gee, then a minimum of 40 percent of the required 25 percent usable open space shall he developed with garde", W dad play fields, herd surfaced game coeds, recreation norms, swimming pools or other features designed for Me exclusive screw recreational use of ravlcaMS M the development of All pros haul private) and areae deMriatad for Open apace purposes shall be landscaped and maintained In accordance with Bacib $12-306-W24 of the FMC. g Ad yurdS adjacent to street frontage she be provMwd automatic lMgation systems. of All yards(ncluWng profits)and are" dowgrated open space purpoeeashall compll the wwti r ogidant landscape standards In commerce with tuddi 12306-N-23 of Na FMC. a) Landscaping adjacent to walls or fercas shell comply with the City of Follow -flmUGraf fin landscaped Buffer Development and pending Standandi I) Provide a minimum M 1, 2913 medium al saes owns per FMC G n12-30"2Agand In actmance with Ne following: I) Provide a minimum 0 one medium else vee for own regulred parking space, plus one Conditions of Approval Csdhional Use Permll Appkatbn No, Go] -308 November 0, 2009 Paye to W 19 medium and tree fin each residential unit. • NOTE: 0ne medium size mare is defined as straining a height of 30.60 feet at maturity. Toro smell sizetroes, up to 30 Wall at metal maybe substituted forone medium size tree. Ig E0 pmce olowding shell be provided for all paved ateywaysudaces proposed Mi Me subdivision. Shadefg maybe acocknoislo dthroughthe owsron and planMgoi tines on reaidential lots (or 0u11ots designated for open space pu poses) selft 10 reel o1 Me respectMe alleyway section. NOTE: At a minimum, one Iree shall be pmvlded for, or planted on, every other modenhal Int Met Is p"posed t0 be created In the subtllNslon won alleyway Marriage. In mile circumstance Trees shell M staggered on opposite sides of the alleyway in cider to provide a cmgnuops and units" shade cover for the proposed alWywsy. 110 A landscape screen composed of small spetl make Wleining aM1elght of approtlmelely 15- 20 625 feel In height at maturity) shell be planted along Me wast property Una of LOM 2%, 297& 2% Of Vesting Tentative Tinct Mee Na. 5891 dated! October 30, 20N In enter to screen second glory windows from adjacent mint residential prop lay. Iv) Alandscape screen corrosion of a heavily planted combination of swubs and Now shall be planted along the north property Ilne of Outlets 'Ar &'&5' in order to provide a 'Lacktlmp• or huger between areas planned for commercial and residential uses. g) No building permit shall be Issued for any development for which a special permit has been Issued undi the requirements for street meas as provltled in Article 3 o Chapter t t of Me FMC have been met and street two Inspection leas may pumuanl to the Mastor Fee Schedule. g Fresno Munblpal Code requires one (1) street tree per 6011nearfent of street frontage. • Ni The Department of Public Works may approve a request for waiver of mieet Iraq requirements II Me epealicanl agrees to plant a minimum of orfs, (1) tree (of $"Use lyp9 and size) for every 60linear feet of street Montage on private property within No Went of Me back of the sesames. NOTE: An approved landscape plan, properly scaled and dimensioned, shell serve as a street" planting permil for on -o99 Made act In to public ogle of my. AcopyM MW plan shall be kept at Me lab site at of times. h) Street trees shall be planted by the property owner and shell be hfscrelBtl by Me City pursuant to Me payment of street tree Inspection ices. The property owner Is required to provide and Imitation system am ongoing water supply. I) One drainage Mia, a minimum diameter W two (2) feet, shell be edlled for each tree to ber planted The depth of the Mefnags here shall he determined as MYlowa: 1) HOW must panemaW through and beyond any underlying paving material m hardpan sail CoMltlonaof Approval CwgifwiN Use Pmntl Application No. C 07 30 November 0. 2008 Page 11 of 15 II) Hole Mail be drilled to a depth where visual evidence of the subsurface amid or gravel drainage Is opponent. III) If there is no Apparent drainage stratum, the drainage hole shall be drilled a minim in often (fo) feet deep. U The backfilling of manage holes Mall comply with the Somi Spe fficallons or as determined by the engineer. k) Complete a minimum walang period of 20 days after ddlAng before any plafling can begin. g Call(55g)621-560o to notify Me Public Warks lMrmarmnt Construction Mosaganenl (AMskm 72 hours prior to tree hole drillingYrea planting In to public dghhobway, In order to verity tree locations, M obtain Inspection of drilling opemeons, and to check backfilling procedures and safety banters. M) All planting, Irrigation and related work sell comply with the City of Passe Public Warks Department Standard Specifications, Section 25 and 26. M All endspapbg and retted work M be Performed width the cfy rlghbf-way shall be done by qualXled contractor and requires a Meet encroachment pem1X from the Public Works Departaent prior to commencement Cell(558) 6216685 be information on encroachment parmils and required Insurance and banding. of Them aall be maintained in goad atm. Trees may rot be trimmed or pruned to reduce the normal height or overall crown of the tree, except ca necessary for the hee1M of Me tree and public oaf a7• orae my otherwise he approved by to Plani ark Devalopmsnf Department (Include this note on the dfie plan and landscape plan.) p) All vegetetlon shall amelmalned free of physical damage or injury from lack of water,excess chemical fertilizer or other toxic chemical, blight, or decimal and any suon vagatri which shows signs of such damage or Injury at any 6me Mall be replaced by Me same, similar. or subelfture vegetation of a size, form, and character. Mich will be cmmperabie at full groam. q) Landscaping small be kelt free from weeds end undesirable grasses. r) Submit copies of landscaping and Irrigation plans prepared by a Iman cape professional, Mawr fie number ark types M trees, Be Me Planning Division. Thede plans must be reviewed and approved OW to obtalnMg building permits. a) Landscaping must be In place before Issuance of the certificate of Occupancy for earn Individual dwel ing. I) A HoM on Ccapanq snail be placed an Me pmpoeed develapmenl until each time Mat landscaping has been appmved and vetoes ice proper inslalleli on byte Planning Minim. (Include Mie nate on 6a rifle and landscape plans.) Condamns of Approval Conditienel Use Permit AppFmlian No. 0A07 B November05,2W8 Page 12015 NOTE: The hold on occupancy maybe released arms mscretlon of Me Planning and • Development Depaetment to siatecllvely accommodate mappirm ate plaming conditions, which are oufsice of the control of the developerlsubdMder (e.g. wester candidona which may be prohistva to planting in a timely and appropriate manner, etc.(. • NOTE: The use of ullllties for temporary occupanry, may be allowed by the DUINing Ol0clalpureunntmF Sacfion13-000.110.1.2etseq. g Pror to gmnting of final occupancy, a when cenificafloo, signed by a landscape professional approved by the Planning and Developmanl Department Director, well ba submitted stating that the required landscaping ant lydgation syamm have been Installed In accordance WIM the landscaping and argation plane Shimmed by the Planning Divkbn. (include this note on Me ane and landscape plans.) 8) FENCES. HEDGES. AND WALLS a) Fences, hedges and walla shell be provided In moder nca wird the Condions of Approval of Vesting Tenbltye Tract step No. 581111UGM doled November 05, 21 and the epsdfk antlacape requirements comalned herein. of All fences, hedges and walls shall confoml m the provlslons of$team 12-305-11 of the FMC except as may be mads led therein. c) Clearly depict any proposeWexieMg fences, hedges lard wells on Erfuld" Wof Conditions] Use Permit Applicaflon No. 0417-308. Note that aligopomdlevsting forms, hedges and wale must comply with all polices, orminances, regulations, etc. of the City of Few ad, Planning and Development Department d) Only Made fences, hedges and wells as Shown on Me site plan shall he reviewed for Signa 1. e) Submit a rencebng depicting the fence, badge or well height, mateba6 locallon atc. for 01I and approval. 0 All future proposed fences, hedges and walk, SIC. shall be reviewed and approved mor to innalleflon by Me City of Fresno, Planning and Development Oepemnent. (Include Me rob on the she plan.) g) Temporary fences to secure pro)eOs under Corolmclion are allowed Any temporary fence shah be adequately secured end conshuO sl b Peeress overWming due to wind, vardaill andlor casual contact by the general public. The consbuctlon shall be performed In such a manner as W minimize any potereal safety homm, whdh may «cur es a result of Improper fence Installation or damage to the fence, g)CA CESS a) There shall be vehdular and tradesman eaass"in a dedicated end improved street, allay or CaMPoam of Approval COMl4oml IMo Permit APdicatlon No. Cd7308 Novmnber0.2008 Page 13 Of 15 recorded private access to offWestpairing real of Vehicular and/or pecestden access shall be maintained and remain cheer at all times. c) Provide vehicular "or mural access as noted on Erhlieft W of Conditional Use PBm91 Applicator Na. 07308 call October 30,2008 and as indicated perCorxgdons M Approval for Vesting Tentative Tract Map No. T 5891/UGM detect November O5. 2008. I) Pedastdan walkways and "Immap amass shall be clearly delineated on Me she plan. 10) OUTDOOR ADVERTISING AND MARKETING e) Flags, banners, lemppostal monumern Plasmas, identification signs and all shall he Prompted In accordance wah To PMPeaatl Thematic Proposal lar Traci 5081, which shay be approved by the Planning and OevelupmeM pdcr to mrewntbn or installellons. 11)SUILDING ATIO c a) All resbendal dwellings In Me Subject planned development shall be subject to review are approval by Me Planning and Development Department In accordance Who these confirms. b) Clearly Identity al condensing un114 air conditioning aM healing units on the alfe and shovel plana. RplmouMedmechanicalequipmentshallbereces dmdshallnotde Nslblei tea Public right -M -way (or burned street) or shall be placed on to grourg calsltls of Me required Ypres. C) Pursuant to Policy numbers C-261, C3La, C -21-b are C-21 -c of the 2025 Faster General Plan, all proposed buildings shell Induce design MMures and debedve beabments. Viable sides of bulkinger shell net be ceveloped wdll featureless'blaMe walls. Thus may be aa0mplished by varying the laWki Pennel iwllh Indentations, projectlors. opesses different building materials, predicting Myroam wiM astumpliishbarldvenual merestancto breek up monotonous weld. Submit elevakins ndusive of modifications for review and approval. 0 SecOnbsMry windows should be directed. to Me meant taeelble, away from adjacent singlealory residential uses; or, adequate seback and landscape screening shell be provbec to Protect the Pull Of stljacenl propenes. Ip Rmiingmatemalshatlmnsletol: amhft mtuorlgmdecompsronroofirgguar WWDyte manufacturer for at larder 20 yeam; cement Or clay file: treated wood Shakes: Mayor, arch8e tuml-grade metal and posted non -glare decoreeve metal rmilrg produce. III) George doors win Medical feaWme(whih may include windows) shall be provided far each duelling on all bb %Prom the subtlrvlsion which front onto, and gain access from e street. W) Where Postponed arc" he shall be domradve, consistent Win the style and character of each home. ComMons of Approrel COMNoreI Use Pri eradication No. CL7308 November 05, 2000 Page 14 of 15 PART E- CITY AND OTHER SERVICES TRANSPORTATION?RAFFIC PliIii GREQUIREMENTS e. Comply with all of the requirements of the attached Public Wake Dep anent, Engineering DMsion memorandums dated! March 11, 2008 and September 17,2008 and any requirements noted on Exhibits -A,' dated October 30.2008. SOLID WASTE COLLECT ON b. Comply arm of of the reqularr not Ne attached Depamnentot Public Utilities, Sold Waste Management memorandum tleted September 10 2009. FIRE PROTECTION REQUIREMENTS c. Comply with all of the requirements of the metalred City of Fresno Fire Department memorandum dated September 18, 2000. d. Comply with all of Me requirements of me attached Department of Public Works Division memorandums of December 10, 2007. FLOOD CONTROL OLI EMENTS e. Compbwhh ell all requirements of the attached Fresno Mumpolmn Flood Control District memaBMum tlatsd May 28, 2008. PUBLIC UTILITIES REQUIREMENTS I. Comply wits all of the requirements of the attached Depaltlnant of Public Wiffies, Planning and Engineering DMslon memomndums tleted Jenuaq M, 2008 aM October 13, 2008. STATE OF CALIFORNIA ENT OF TRANSPORTATION U. The Callfomia Daparimentot Trensporlellan (Celtems), District B, Ofgcsof Intergovernmental RelaO nshesaubmidedthoaltechedcommemsdamd ApN04, 2008,Indloadrgthatmpefmm this proposal development will Impact Slate tansporimbn facilNes. Therefore, Camara k asking hall proposed development contribute its tofelpmpodiwel assumes of $111,040 to magale for Impacts to these facilMes. PACIFIC GAS AND ELECTBIC COMPANY In. Attached for your records and mruitlertlbn Is the Pacific Gas aM Eleeme Company memorandum dated December 12, 2007. Conditions of Approved ContlMmal Use Pxmkrygncelion No. "7 M Novamber 05. 2008 Page 15 of 15 COUNTY OF FRESNO PAfYIM OF COMMUNITY HEA H I. The developeosubdivicer shall comply wim all of Me requirements of Vie County M Freprld Depadment of Commundty Hawth memorandum dated December 19.2007. DEPARTMENT OF TOXIC SIJZSTANCES CONT90L j. Attached for the applMenFS records and consideration is Me Stele of California Department of Toxic Substances Control memorandum doled January 0T, 2008. SCHOOL FEES k. Comply with Of of the requirements of the prominent (tentml United Sdhool Dander memorandum dated January 23, 2008. PABTF-MISCELUNEOUS Approval of the site plan Is contingent upon the submittal of oonednd 690 plans showing all existing/proposed Chrism Conditions as reflected on all exhibits and the fallowing: 1) Include a Color and material SClledule on the site plan, as well as on any elevatUre, for the exterior of ell buildings and sanctions (photographs may be submitted for drawings). 2) If archaeologloal arbor animal fresh materiel is encountered during purled surveying, gnddng, excavating. or conslruCllon, work shall atop immediately. 3) It there ereermpevtad human remains Me Forerun,C ntyCoronershall be Immediately connected. It the remains or other emu vaompkal metmal Is possibly Native American In origin, Me Native American Heritage Commissmn (Phone: 01616689082) shall be Immediately contacted and the California Archaeological Inventory/Soumem Sen Joaquin valley Information Center (Phone: 808regq-2208) shall be Contacted to obtain a referral list of recognized ardaeclogishe An and ecomm a8ations mahell be the City as to any ftherreshell m stg oto or site and recommendations made t0 the City BB t0 any further site ITR6Gga110n el Eke dVOltlanCe/pR9ervellnn. q) It animal Means ere uncovered the Museum of Reasonlebgy. U.C. BerReleysholl bepontacon to obtain a mlemal lldt of recognized peleonlobplsus. A paleonrobglsl shell Conduct an assessment and it the paleontologist detemlnes the material to be significant, It shell be preserved. All discretionary Munditions of approval will ultimately be deemed mandatory unless appealed in writing to Ma Planning and Development Oapartment Director within 15 days. CDMV t' "IY TAlll DA I'I?: September17,2008 (e Submidai) TO: WillTacked, Planner III pmen Dell eloaDepartment, Planning Division THROUGH: Bryan D. Jones, T.E., Traffic Engineering Manager Public Works Department, Engineering Division V FROM: Louise Cilia, Traffic Planning Supervisor Public Works Department. Engineering Coal SUBJECT: Public Works Conditions of Approval - TT 58911 CY(gu3i (Bryan. Hayes, Gettysburg and Ashlan) McCaffrey Group / Provost & Prichard Engineering Group The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. General Conditions- - 1, onditions:-1. Curb Ramps: Provide cum ramps at all corners wall Me limits of this subdivision. 2. Pedestrian Easemerds: Identify all precast easement on the map. a. Major Stral A2'dedication for a pedestrian easement is required(Seer Exhibit -D") b. Local Streets: Private 13. Overhead OOIMIea: Underground all existing onsite overhead utilities with Ne limits of this map In accordance with Fresno Municipal Code Section 12 1011 and Resolution No. T}522/88-229. 4. Design local streets with a minimum of 250' radius. • 5. Local street lengths exceeding 800and four way intersections require traffic calming measures. Bulb -outs approved by Traffic Engineer 9-11 08. -6. Garage setback: Provide 20' ham the garage to the back N walk. A minimum of 18' is allowed with a roll -up door. • 7. Deodand Streets: Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard Papt • 8. Outlets: If the subdivider seeks to dedicate to the City, In lee, an outlet for open space purposes, subdivider shall pay all costs and fees associated with the City Environmentally assessing the dollar to insure mat It is free of toxic or hazardous materials pool to Ne requirements of city Administrative Order 8-1, including, but not limited to, performing a Phase I environmental assessment. The environmental assessment shall be completed and all fees and costs for said environmental assessment shall be paid to the City prior to subdivideh submittal of the Final Map for City approval. -9. Plan Submittal: Submit the following plans, as applicable, in a single package. to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetligm and Trail lighting, Signing and Striping. The Developer is responsible to relocate all obstructions, e.g. poles, fencing. mailboxes, etc. and make adjustments as necessary, within the area of construction. Page 1 of 6 T\TRAAFFC ENGNEERINGrT,W¢ Rai ason CONDITIONS OF APPROVAL roe TRACT HARSERIN iT-5991 Wli GEMEYSSUH5 HAYES&ASHUMT-58915m SiAnsal BRYAN GET'SBURG HAYES A ASHIONG¢' 10. Private Irrigation Pipe: If not abandoned. the developer shall enter into an agreement with owner of the private canal providing for piping the canal and submit an executed copy of the agreement or commitment letter from the owner of the private canal to the Planning and Development Department All Piping shall be located outside of the proposed street noht of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for review, and approval Identih the proposed easement and Provide a final cross sectional detail on the map. 11. Identify City and County limits. Fro plias Improvement Requirements: Major Streets: Bryan Avenue: Collector 1. Dedicate 4T-55' of property, from center line, for public Street purposes within the limits of this subdiWsion to meet the current City of Fresno Collector Standards. Match up with approved plans from Blair Church and Flynn. A 17 offset from section line was used. 2. Construct concrete curb, gutter and sidewalk to Public Works Branded Pd. The curb shall be constructed to a 10' residential pattem. Construct a 6' residential sidewalk per ELtibit "D". A 2' Pedestrian Easement is required. Identity on the map. 3. Bike Pedestrian Equestrian TrohParn: The Planning Department has determined that Me bike porton of Me trail is to remain in Me street. Stripe and sign to City Standards. Dedicate a 15' (minimum) easement for Landscape and Pedestrian purposes only to provide for an 8' planter, 8' sidewalk and 9' landscape. a. Construct an 80' bus bay curb and gutter at the northeast corner of Bryan and Ashlan to Public Works Standard P-]3, complete arm a I Or monolithic sidewalk. S. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- divisi0n. 6. Constm n an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall common to Public Works Standard Eb for Collector Streets. ]. Relinquish direct vehicular access rights to Bryan Avenue from all tors; excluding outiodsto be used for ingresshigress purposes, within this subdivision. Gethebum Avenue: Collector 1. Obtain and Medicate 4T55' of property on Me south side and 1T of property on the north side, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 0121 #144 Na per City Engineer 2. Construct concrete curb, gutter and sitlewalk to Public Works Standard P-5. Tbecumshellbe constructed to a 10' residential pattern. Construct an 8'residential sidewalk per item number below to meet the Gettysburg trall requirement. A 15' Landscape and Pedestrian Easement Is required Identity on the map. S. Bike, Pedestrian Eguestnan Trait/Path (Alternate) This Department does not support the equesMan component of the trail due to health and safety issues. The Planning Department has determined that the bike portion of Me but Is to remain In the street Stripe and sign to City Standards. p Icate a 15' (minimum) easement for landscape and Pedestrian purposes Page 2 of 6 T.t MFMCZN1NEEntNG%TMI P'.emm,gTxI eupcONmnoNS OF APPROVAL FOR TRPCTIMPASwl $891 anvAN GETfYSeuRG NAVES a ASMumi sol sin ORYI i SRVAN GErtVseuRG RavEs a ASNLA i only to provide for an 8' planter, 8'sidewalk and 9' WnQseaps. An additional 12dedication is required for the equestrian portion, a required. Contact Planning and Development. 4. Construct an 80' bus bay curb and gutter at the southeast corner of Gettysburg and Bryan to Public Works Standard P-73. Complete with a 10' monolithic sidewalk. 5. Construct 20' of permanent paving on the south side (measured from face of curb) and 17' Of permanent paving on the north side, within the limits of this subdivision. 6. Construct an underground $Veer lighting system t0 Public Worcs Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 7. Relinquish direct vehicular access rights to Gettysburg Avenue from all lots', excluding outlaw to be used for Ingresstegress purposes, within this subdivision. S. Outlot 6: Dedicate a pedestrian easement to and construct a sidewalk around the existing electrical tower. Haves Avenue' Collector 1. Dedicate 41"1 of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard PI The curb shall be constructed to a 10' residential pattern. Construct a6' residential sidewalk per Exhibit -1)". A2' Pedestrian Easement is required. Identity on the map. 3. Construct an 80' bus bay curb and gutter at the southwest comer of Hayes and Gettysburg to Public Works Standard P-73, complete with a 1D' monolithic sidewalk. 4. Construct 20' of permanent paving (measured from face of curb) within the limits of this Sub- division. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits Of this subtlivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets, 6. Relinquish direct vehicular access rights to Hayes Avenue from all lots; excluding SRI to be used for ingresslogress purposes, within this subdivision. Ashlan Avenue: Arterial 1. Dedicate 55'-57' 0f property, ham center line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arteral Standards, Match up with approved plans from Blair Church and Flynn. 2. Construct concrete curb, gutter and sidewalk t0 Public Works Standard P-5. The curb shall be constructed to a 10' Maitlenkal pattern. Construct a 6 r6edenfial sidewalk per Exhibit "l A2' pedestrian Easement is required. Identity on the map. 3, Construct 20' of permanent paving within the limits of this subtlivision. 4, Construct an underground street lighting system to Public Works Standen E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Areflal Streets. 5. Relinquish direct vehicular access rights to Ashlan Avenue from all Ions; excluding oudots to be used for irimessregress purposes, within this sulackysion Page 3 of 6 TaRAFFIC ENO INC VIINGaxlM1l eleon: V rTVv1 MzpeCONDVI ONS OF APPROVAL FOR TRACT VA PSSsutit v r BRYAN GETTYSBURG HAVES a ASH ANV7 Arm EP suE i BRYAN GEnv550PG HAVES A ASHLAN trc Interior Local Collector Streets: Private Design and Construct the following streets to local collector standards: Masers, Swift, Willis, Cresta and the alley adjacent to lot 409. (Locations may change due to the many revisions.) The proposed sheet design shall be approved by the Public Warks Department.. Interior Streets: Private 1. Construct sidewalks on both sides of the private streets In accordance with the 2025 General Plan, page 69, section I J. Sidewalks to meet current ADA standards. Contact Building and Safety. 2. Maintain the minimum clearanves, as directed by Fire and Sclid Waste Departments. Interior Alleys: Private Alleys shall be constructed per Public Works Standard API -17. Specific Mitigation Regulrementic This tract WIII generate 466 a.m. / 655 p.m. peak hour residential hips, therefore, a Traffic Impact Study (TIS) is required and has been submitted. Complywkh the mitigation measure requirements of the Traffic Entimeenng Manager in the attached letter dated 03.11- 08. 1. The intersection of: a. Ashton and the 1/6 mile point east of Bryan Avenue shall be designed such that the median Island will allow for westbound W eastbound u -turns. OR Ashlan and Cresta / Artisan Parkway shall be designed with a full median opening to allow for left turns -in and left turns -out. The intersection may need to be signalized upon further review of the CUP/SPR for the commercial porter. 2. The first order of work shall include a Minimum of two points of vehicular access N Memajor streets for any phase o1 this development. 3. Backing onto a major street is prohibited. Identify the proposed Ingress/ egress locations for all buildings to remain on the following APN(s): Bryan Avenue: 512-070-15, 35, 47 Haves Avenue: 311-070-29, 32. 25, 45, 53, 20, 21, 51, 10, 11, 44 and 311-050-06 Asblan Avenue 311 070-49, 40, 43, 27 Construct circular or hammerhead driveways, where not existing and construct Concrete driveway approaches to Public Works Standards I and I 4. Relinquish vehicular access rights to the proposed outlol adjacent to lot 1. 5. Remove the structural section from the tentative map and provide on the street construction plans for review and approval. 6. The commercial portion of this map, lots 649-652, shall require a site plan/ conditional use permit. with detailed plans and potentially a TIS or site access evaluation to determine additional traffic mitigation measures and conditions of approval. 7. Cresta / Ad San Parkway: 45 degree two-way, parking Is shown which would require a minimum of 82' from tip of car to lip of car. Widths vary based upon the angle. S. The proposed project shall make full improvements including a walkable path across remainder lots or lots that create a bottleneck (even 0 not included with this map) as a result of this tract map along project Montage or connecting project frontage on Ashlan Avenue, Hayes Avenue, Gettysburg Avenue, and Bryan Avenue. 9. The proposed project shall provide pedestrian sidewalk access to the nearby Central Unified Schools from all outlets of this tract on Bryan Avenue, Gettysburg Avenue. Ashcan Avenue, and Page 4 o 6 r�vse`ua�HAnvesa'nsriamr 5891EFA`�DD,;II BRYAnlrcamSETOW Ha.E=e FORTRACTenvnry �-/% l Hayes Avenue. The roadways shall also be built to accommodate bike lanes even though they may not be allowed to be installed (striped and signed) until the opposite side of the street in the County has a bike lane Installed. Traffic Signal Mitigation Impact DI SMI) 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 torn in the latest edition of the ITE Generation Manual for single family units (fee rate as shown in the Master Fee Schedule). i. At the Intersection Bryan AvenuWAshlan Avenue me project shall install all-way stop signs at this intersection. The project shall provide safety lighting on the northeast and northwest corners for a future signal. 2. The following lnter59Chons shall be signalized to the City of Fresno Standards, complete with left turn phasing, actuation and signal pre-emption. This work is eligible for reimbursement andsor credit against Traffic Signal Mitigation Impact Fees'. a. Hayes/Ashlar b. Hayes/Gettysburg c. Bryan/Gettysburg d. Ashton / Polk e. Bryan l Swift (not reimbursable) C Ashton / Cresta / Artisan Parkway (pending further review and approval M a detailed commercial CUP/SPH, not reimbursable.) Fresno Major Street Impact (FMSI) Fee This Map is In the New Growth Area, therefore pay all applicable growth area fees and City-wide regional street impact fees. Fresno Major Street Impact (FMSII Begulreme rlse When construction occurs adjacent to the County of Fresno, comply with the Standard County Commons of Approval Attachment 'W Additional right of way may be required for driving. sight distant bike lanes, eta Bryan Avenue: Collector 1. Dedicate and construct (4) 12r travel lanes with 5' shoulders and a 12' center hi left tum lane within We limits of this subdivision and continue north to Shaw. Stripe 250' left turn pockets at ail major Intersections. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Getwsburo Avenue: Collector 1. Dedicate and construct (2) 12 eastbound travel lanes with a 5' shoulder. (1) 12' westbound travel lane with a 5' shoulder and a 12' center Miro-way left tum lane within the limits of this subdivision. Stripe 250' left turn pockets at all major intersections. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Page 5 of 6 TITRAFPIC ENG IN EEP I NG\TrzMe PwningrTxr AFAY40NDITIONS of APPGOWL FOP TPACT MAPENEBOAT EPA BRYAN GEMSBVRG HAYEE 8 Arii 589r SNsysmruel Sri GET FRSUPG HAYEe AASHlµbx Haves Avenue: Collector 1. Dedicate and construct (4) 12travel lanes with 5' shoulders and a 12' center two-way left turn lane within the limits of this subdivision. Stripe 250' let tum pockets at all major intersections. Dedication shall be sufficient W accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design Speed. 2. Dedicate and construct(2)12' northbound travel lanes with a 5'shoulder and(1) 12' southbound travel lane with a 5' shoulder from Shaw to Gettysburg Avenue. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Ashlan Avenue:Atlenal 1. Dedicate and construct (2) 12' eastbound travel lanes wah a 5'shoultler, (2) 12' westbound travel lanes with a 5' shoulder and a raised concrete median Island within the fluids of this subdivision. Construct a raised concrete median with 250' left turn pockets at all major intersections. Details of said street shall be depicted on the approved tentative tact map. Dedication shall be suhiclent to accommodate arterial standard and any order grading or Variations as necessary based on a 55 MPH design speed. 2. From: Veteran s Boulevard To: Bryan and From: Hayes To: Cornelia At a minimum the project shall commuct Ashcan Avenue with a 16' mused concrete median and s straight 12' travel lane with 5' shoulders in each direction to connect Veterans Boulevard. Cranpand Avenue to Cornelia Avenue. There will be additional conditions on AsMan Avenue but this is intended to make sure we have one Clty standard arterial lane on Ashlan Avenue without utility pales In the way. 3. Where not existing. dedicate sufficient rigM-oi-way and construct additional paving for eastbound to westbound and westbound to eastbound U-turns at all major intersections from Bryan to SB - 99 in accordance with Public Works Standard IA93. State of California Department of Transportation (Caltrans) Fees: Applicant shall pay fair share contribution as determined by the State of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineeringro for to a Final Map. The Caltrans letter Is Included and the following fees are required W be Palo to mitigate fair share Impacts to the identified state transportation facilities. Please contact Caftans District 6. Joanne Strelbich at (559) 468-4347 regarding the fair share calculatlons. Verifytheexad amount due to map revisions. Page 6 of 6 T.cFAFFC Enc I MIND I Ni PgnninPTra-t Mi COHonibrvs OF A PFnovAL FOR TRAM MPPS4I 5891 BRYAN GETfYSW RB HFYEs fl ASNLAN%T-vw sn Rai BRYan GETi (Cli HAY ES a. ASHUNmc nelilli CIryof - Ikv aavuvww Floe o,u low.r� " w iI March 11, 2008 TJKM Jose Wis Benav di s, P.E. 515 W. Shaw Avenue, Suite 200 Fresno, CA 93704-2515 SUBJECT: REVIEW OF TRAFFIC IMPACT STUDY (TIS) FOR THE PROPOSED TRACT 5891 northeast comer of Bryan Avenue and Moll Avenue TIS07-034 dated July 3, 2007 received in Planning and Development August 13,2007 TRAFFIC IMPACT STUDY APPROVED FOR PLANNING COMMISSION We reviewed the Traffic Impact Study (TIS) by TJKM for the proposed subject project which consists of 659 Single Family Residential Units on 112 acres and 50,000 SF of neighborhood commerical on 5.93 acres: GENERAL COMMENTS and CONDITIONS 1. The trip generation based on ITE Trip Generation Manual is acceptable. The proposed project is projected to generate 8,454 daily trips, 548 trips during the AM peak hour and 854 trips during the PM peek hour. 2. This project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee of 5440.03 per single family dwelling unit at Ne time of building permit based on the trip generation totals) as set form in me latest edition of the ITS Generation Manual and to Master Fee Schedule. This project shall pay as Traffic Signal Mitiga9on Impact (TSMI) Fee of $45.98 per Average Daily Trip for commercial at the time of building pascal based on the trip generation rate(s) as set forth In the latest edition of the ITE Generation Manual and the Master Fee Schee le. The TSMI fee based an 859 single family dwelling units is $289,979.77. The TSMI fee based on 50,000 SF of neighborhoctl commercial at 2,147 AOT is $98,719.06. The total TSMI fee for the entire project Is $388,698.83. 3. At the Intersection of Shaw AvenuwHayes Avenue, Ne project shall construct Westbound Shaw Avenue shall have a 250 feet left turn lane and eastbound Shaw Avenue shall have a 150 feel right - turn lane. A northbound 250 feet left -turn pockel and a 150 feel northbound right turn pocket shall also be constructed This may require Me acquisition of coddle property or the relocation of PGE power poles. This is a health and safety issue and shell be done prior to any building occupancy and shall not be bonded for as part of the final map recordation, It needs to be constructed prior to adding any Sol traffic. This reduces the Impacts and safety concerns imposed by existing and Poi related left -turning and right -turning vehicles on Shaw Avenue to through movement motorists. The work on Shaw Avenue is reimbursable through tte Fresno Major Street Impact (FMSI) lee. The work on Hayes Avenue is only reimbursable R it is wil the travel lane in each direction and the two way tellturnlane. 4. At the intersection of Shaw Aven ieltryan Avenue, the project shall construct Westbound Shaw Avenue shall have a 250 feet left -tum lane and eastbound Shaw Avenue shall have a 150 feel right - turn lane. A northbound 250 feet left -tum pocket and a 150 feet northbound right -tum pocket. This may require me acquisition of private provenly or the relocation of PGE Power poles. This is of hearth and safety issue and shall be done prior to any bullding occupancy and shall nal be handed for as pad of the final map recordation.A needs to be constructed prior to adding any fldditianal traffic. This reduces the impacts and safely concerns imposed by existing and project related left. turning and righl-wining vehicles on Shaw Avenue to through movement motorists. The work on Shaw Avenue is reimbursable through the Fresno Maier Street Impact (FMJ fee The work on St Avenue is only reimbursable if it Is within the travel lane in each direction and the two way left-turn lane. The westbound left-tum lane is already secured by another Tract Map. 5. The City of Fresno is undemseng a Capital Improvement Project along with the Redevelopment Agency to widen Ashlan Avenue from Blythe Avenue to SR 99 to two lanes In each direction Construction Is Occurring on Ashlan Avenue by Bearer Homes between Cornelia Avenue and Blythe Avenue under the old UGM SystemASa reswta bottleneck Is acournng between that Tract Map and Blythe Avenue and westbound Ashlan Avenue shall as widened to 2lands abroad these property Imntages. This reduces the Impacts and safety concerns Imposed by existing and project related traffic and is reimbursable as pan of the Fresno Major Street Impact (FMSh fee. The bo rrineck includes the parcels addressed as 4595 W. Ashlan Avenue 4587 W. Ashlan Avenue 4543 W. Ashlan Avenue 4533 W. Ashlan Avenue The City of Fresno Public Works Department IS adempung to apply Proposition 1B money to the bottleneck and fund construction to widen Adrian Avenue. We anticipate Stat the City project will progress faster Iran this development so this work should be completed as a Clly Capital Project but In the event that money is not available Is a condition of this tract. 6. Ata minimum the project Shall construct Ashlan Avenue with a'aused'median and a straight travel lane in each direction with a minimum 5 If shoulder to connect Veterans Boulevard-Grantla of Avenue to Cornelia Avenue. There will be additional conditions on Ashton Avenue but this Is intended to make sure we have one City standard School lane on Ashlar) Avenue without valty poles in the way. 7. At the intersection Bryan Avenue/Ashern Avenue the intersection shall be designed and transcribed cimitiftem ion the P69 Standard. The project shall Install all-way stop signs at this intersection The project shall provide safely lighting on the northeast and norlhwast corners for a future signs. Traffic Signal pairs located al. the ultimate location are lull rannoursablelcredited in Ne TrafliC Signal MWgation Impact (TSMI) fee. The following are the necessary lane configurations for Md intersection: Southbound approach Irh-Wrn lane, 2 through lanes, and right -turn lane W e atteoucd approach left tum lane. 2 through lanes and a right -loon lane Eastbound approach left -tum lane. through lane and a through right -turn lane Northbound approach left turn lana, shared Ihrdughmight turn lane 6. At the intersection Hayes Avenue/Ashlan Avenue the Intersection shall be designed and constructed consistent with the P69 Standard. The project .shall apostles this mtersecion. Traffic Signal poles located at Ne ultimate Ibeateet are hull reimbursable/ nredlum at the Traffic Signal Mltiga0on Impact (TSMI) fee, The following are the necessary lane configurations for this interserndn: Southbound approach Ieft-turn lane, 2 through lanes, and rigdlturn lane Westbound approach [an turn lane 2 through lane, and a right -turn lana Eastbound approach fah-lurn lane, a through are, and a shared through right turn lane NMnbound approach left turn lane, shared through -right turn lane Proper transition for the appropriate speeds will be necessary on the receMng We of the Intersection. 9. At the intersection Hayes Avenue/Gettysburg Avanue the intersection shall be designed and constructed consistent I the P69 Standard. The project shall signalize this intersection. Traffic Signal poles located at the ultimate location are full reimbursable/ credited in Ne Traffic Signal Mitigation Impact (TSMI) fee. Tract 5400 is previous McCaffrey Tract) has already done a let of the safety lighting. The following are toe necessary lane configurations for this highball Soulhhound approach left -turn lane, 2 through lanes, and aright -turn lane Westbound cubical fallturnlane, through lane, and a right -turn lane Ea dicured approach left turn lane, mrough lane, and a right turn lane Nommound approach left -turn lane, 2 through lanes, and a right turn lane 10. At the intersection Bryan Avenue/Gettysburg Avenue the Intersection shall be designed and constructed consistent with the P69 Standard. The project shall signalize this intersection. TMs intersection shall be signalized to control vehicle traffic from this Macp existing traffic, school muffin and provide a sale pedestrian crossing for Me elementary school at the southwest corner. Traffic Signal poles located at Me ultimate location are full reimbursable/ credited In the Traffic Signal Monarch Impact (TSMI) fee. The fallowing are me necessary lane configurations for this intersection: Southbreuna approach lett-turn lane and snared through- right -turn lane Westbound approach let. turn lane, 2lhrough lanes, and a dght-turn lane Eastbound approach left- turn lane, a through lanes and a shared through-rightturn lane Northbound approach left turn lane, 2lhrough lanes, and a fight turn lane 11 At the Intersection Bryan Avenue/Main Boulevard to Tract 5891 the project shall signalize this mtearebe r Thus Intersection shall be signaled to control vehicle irahfc from this Iracf existing traffic, school traffic and provide a safe pedestrian crossing for the high school campus across the street This traffic signal is nut reimbursable/ credited In the Traffic Signal Mitigation Impact(TBMp fee and Is project spre :c as the project has all traffic loading onto Bryan Avenue at one location. The following are the necessary lane configurations for this Intersection: Seuthhound approach left -turn lane and Me through lanes Westbound approach shared left -turn lanedoul if here turn lane Northbound approach two way left - turn lane, through lane and shared offergh-right turn lane 12. At the Intersection All Avenue/Polk Avenue the Intersection shall be designed and constructed consistent with the P69 Standard. The parent shall signalize this intersection. Traffic Signal cotes located at the ubmale location are full reimbursable/credited in the Traffic Signal Mitigation Impact (TSMI) fee. Tract 5400 (a previous McCaffrey Tract) was already conditioned to do a lot OF me safety lighting and Carl The following are me necessary lane configurations far MIs intersection'. Southbound approach lefl-turn lane, a shaaeo through right turn lane Westbound approach lett- turn lane, a through, and 150 feet right turn lane Eastbound approach left -turn lanl a through, and 150 feel right. turn lane Nonhdcund approach left -turn lane, a shared through -right -tum lana 13. This project shall Install Intelligent Transponaoon System (ITS) conduits and fiber along Ashlan Avenue from Bryan Avenue to Camelia Avenue along with pole boxes and ITS equipment consistent with our Public Works ITS standards at each traffic signal intersection so Nat Ashlsn Avenue is synchronized and motorists do not experience a red light every half mile. 14. Hayes Avenue roadway segment from Shaw Avenue to Ganysburg Avenue shall have 2 northbound lanes and one southbound lane. Current this exists from Getlysburg Avenue to Santa Anila where a bottleneck exists and the roadway narrows down to County standards from Santa Anna to Shaw Avenue- It appears like the nifty-of-way exists for en additional (second) northbound through lane. One lane in each direction and the two-way Ieft-lurn lane is reimbursable Gn Pull street in the Fresno Major Street (FSMI) fee so then additional northbound lane is project specific merga u n and a lien by this development could be put on the property owner. 15. Hayes Avenue roadway segment from Getlysburg Avarua to Ashlan Avenue shall have 2 northbound, 2 southbound, and a two-way-left-hum lane, Tract 5400 which is also a McCaffrey Tract has put most of this In on the east side accept the lot from the south boundary Of Tract 5400 to Ashlar Avenue. This property is owned by the McCaffrey Group and should be widened to reduce the bottleneck. One lane In each direction and the two-way left-turn lane Is nambureabhe on a collector street in Me Fresno Major Street (FSMI) lee. 16. Bryan Avenue roadway Segment from Shaw Avenue to Gettysburg Avenue Shall have a northbound lane. One southbound lane, and a two way teff-um lane. One lane in each direction and the two way left -turn lane Is reimbursable in the Fresno Major Street (FSMI) fee. 17. Bryan Avenue roadway segment from Gettysburg Avenue to Ashlan Avenue shall have 2 ronhb fond, 2 southbounG, and a two-way-left-turn lana, one lane in each direction and the two- way IeX-tum lane Is reimbursable n the Fresno Major Street (FSMI) fee- 18. Ashlan Avenue roadway seam from Bryan Avenue to Hayes Avenue shall have with a "raised" Mei and two travel lanes in each direction with am inimum 5 A Shoulder. This i5 fully reimbursable in the Fresno Major Street Impact (FSMI) fee. 19- Gettysburg Avenue roadway segment from Bryan Avenue to Hayes Avenue anal) have One westbound with a minimum 5 ft shoulder, 2 eaaibound, and a Iwo-way-left turn Jane. One lana in each direction and the tw0 way left-tern lane is reimbursable in Me Fresno Major Street (FSMI) fee. 20. The proposed project shall make necessary improvements and nght-of-way dedicarionJvat a ions along adjacent Pubic cluster as per City of Fresno requirements. 21. The proposed protect shall make On Improvements including a walkable Per across remainder lots or lots that create a bottleneck (even if forehanded with this map) as a result of this beat map along Project frontage or connecting project frontage on Aslan Avenue, Hayes Avenue, SpMsburg Avenue, and Bryan Avenue. 22. The Proposed project shall provide Pedestrian Sidewalk access to the Peaty Central Untied Schmis from all outlets of this tract on Bryan Avenue. Getlysburg Avenue, ASMan Avenue, and Hayes Avenue. The roadways shall also he built t0 accommodate bike lanes even though they may not be allowed to be installed (striped and signed( unfit the opposite slide of the street in the County has a bike lane installed. 23. The proposed project shall pay all applicable Caltrans Inteeman9e Mitigation Impact tees to me City of Fresno Traffic Engineering as determine by Caltrans for Armen Avenue and Shaw Avenue with SR 99. 24. Veterans BoulevarNSR 99 interchange is an Integral part of the West Fresno and Northwest Fresno Circulation Element In the 2025 General Plan. City staff are currently working on me Project Study Report (PSR) for this new interchange to relieve congestion at other interchanges. This interchange is a Measure C Tier 1 project and is partially funded at a cost of $60 million. Estimated costs for the total project are 397.222 million leaving a short fall of $37.222 million. The estimate average daily trips (ADT) served by to new Veterans BoulevarcVSR 99 interchange Is 70,370 vehicles In 2096 based on the City of Fresno technical memorandum approved by Caltrans. Therefore, to cover the shod fall to get and interchange constructed each new project in West Fresno and Northwest Fresno will pay $529/ADT that are served by the interchange (across the freeway or accessing SR 99 via the interchange) to make a fair share contribution to the interchange to mitigate the project impacts to the Circulation Element of the General Plan MSIR in accordance with the Mitigation Fee Act. This project shall provide ADT counts for the Veterans Boulevaml 99 interchange based on a Fresno COG model mo. This total fair share mitigation impact fee for the entire subdivision shall be paid prior to occupancy of [he first dwelling unit. If you have any further questions regarding this matter, please contact me at (559) 621-8792 or brvan.lonespifresnonov . Sincerely BTgEM anagersriTaO¢ Public ks Department, Traffic Engineering Division C, TaIR ErpnwNg rawang no cow RlMwinnuffaTinox atWy wu ia�t A'avor; a omikhowart dsosa °� loise, oom, Ton, Plan"w «.tis, 3nN;AV`JIOd IN i 8 g k F Q F 0{ g 655 sY i 9 S t6� lit, p.I . 9i it ? Ai p the 9S� 5gg 3nNanv GA -Wk .y �C wu \t�Cn 3nN3nv vnaraoo t10aa g6 3nN;AV`JIOd IN i 8 g k F Q F 0{ g 655 sY i 9 S t6� lit, p.I . 9i it ? Ai p the 9S� 5gg 3nNanv GA -Wk .y �C wu \t�Cn City of FRaWS'IN DEPARTMENT OF PUBLIC UTILITIES September 10, 2008 TO: Will Tackft, Planter 111 Development Department, Planning Division THROUGH- Robert Weadday, Chief of Operations Department of Public Utilities, Solid Waste Division FROM - ^,� Clons Weim b, Managem®t Am cyst IT `v Department Of Public Utilities Administration SUBJECT: TT5891 NGM, A-0]-008. R-07029, and C-01-308. Solid Waste Conditions of Approval Location: Between North Hayes and North Styria .Avenues and Wast Ashlars and West Gettysburg Avenues—E 117SED The Department of Public Utilities, Solid Waste Division has completed o review of the Vesting Tentative Tract Map 5891 MGM, A-09-008, R-07-029, and C-07-308 that was submitted by Provost & Pritchard. Inc., on behalf of the McCaffrey Gmup. The following requirements and conditions ere to he placed on this vesmsg tcntenve tract map W a coMdien of approval by the Department of Public Utilities. Ceoeral Requirements: Tract 5891 will be serviced as Single Family Residential properties wird Basic Container Service- Property owners will receive 3 containers to be used as follows: I Gray container for soh! waste, I Green container for green waste and 1 Blue container for recyclable material. The owners, lessees 0, mher moats of the residential tlwellmse on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 fact apart and shall not block any vehicle accesses, nor ber placed within any traffic circle, in accordance with the City of firearms Solid Waste Management Division Standards. Per Municipal Code, Section 9405 Solid Waste Disposal Regulators, Section (c)p 1J(i). No said waste container nor residential rubbish shall be allowed to remain at the curbllne after 8 DD p.m. on the collection day. Per Municipal Cade, Section 9-405 Solid Waste, Recycling and Green Waste Regulations. Section (c)(10)(i). No mersial container shall be stored in the dont yard or side yartl ons street as lard yards are described w Chapter 12, Articles 2 and 3 of has Code, unless the container is saeened ham view from the street in accordance with that article ofthe Code, eco=torr c..aaw.raa'0..'InnaR... our Special Renuirements: Developer will. provide through access of alleys for Solid waste vehicles. Solid waste vehicles will act be required to back up and/or tomiug around to smite properties. Residential solid waste servicing in alleys is approved under the condition that the alleys are constructed in accordance with API 17 and FMC 12-1011(a), All alleys shall be posted "No Parking." All alley -loaded lots not mentioned below shall place their containers in the alley for servicing on solid waste service days. Covenant Reausrements: It shall be posted "No Parking" 6 the cul-de-sacs on the solid waste service day. All lots that are part of a cul -de -sec shall be clew of all vehicles by 5:30 am. on solid waste service days: Lots 95, 96, 97, and 98 on West Ashcroft Avenue Lots 107, 108, 109, and I10 on West Holland Avenue nose lots that have a dead-end alley will be required to place their containers at an altemate location on solid waste service days: Lots 255, 256, 257, 258, and 259 shall place their containers at the south side of their individual lots Lots 289, 288, 289, 290,. and 291 shall place their containers LOIS 292, 293, 294, 295, and 296 shall place their ountainers at the south side of their individual lots Lots 324, 325, and 326 shall place their containers at the north of Lot 324 Lots 327, 328, 329, 330, 33 L and 332 shall place than containers at the north side of Lots 327 and 330 Lots 333, 334, 335, 33Q 337, and 338 shall place their containers at the north side of Lots 335 and 336 Lots 339, 340, 341. 342, 343, and 344 shall place their containers. at the north side of Lor. 341 and 342 Lots 347, 348, 349, and 350 shell place their containers at the north side of Lots 353 and 348 Lots 351, 352, and 353 shall place their containers at the east of their individual lots Lots 354, 355, 356, and 357 shall place their containers at the south side of their individual lots Lots 374, 375, and 376 shall place their containers to the west side of Lot 357 CONI.. 11 Arpm.ol Mol aamNdm 0 September 16, 2008 TO: WILL TACKETT, Planner III Planning and Development Department. Planning Division FROM: RICK FULTZ, Senior Fire Prevention Inspector Fre Department, Bureau of Prevenfion and Investigative Services SUBJECT: TENTATIVE TRACT NO. 5891 The Fire Department has ci mDleted a review of the Tentative Treat Map 5891 which was submitted by McCall rey Group. The following requirements and conditions are to be placed on this vesting tentative trect map as a condition of approval by the Fre Department. General Requirements This project Is within 3 miles of temporary Fire Station No. 16 and permanent Fire Station 16. This project Is subject to city wide fire service fees. Provide residential and wmmercial fire hydrants and fire tow per Public Works standards. Access is not acceptable. Dead end streets shall not exceed 450 feet without providing a second point of access. Lois 96 through 101. Lots 108 through 123, lot 331 and lot 334 are all over 450 feel from a single point of access. The lots will need a second point of access or shall he provided with fire sprinkler systems. The lots requiring fire spnnlders shall have a covenant agreement filed por tat stating the fire sprinklers are a condition of the tract. Or Provide details for emergency access in lieu of fire sprinklers. Gates, pasts, or other barriers suitable to the Fre Department are required to be installed at the entrance to an emergency access only roadway. The entrance to all emergency accesses shall be posted with permanent signs: AFIRE ACCESS (6" letters) VEHICLES REMOVED AT OWNER -3 EXPENSE (2- letters) FRESNO POLICE DEPARTMENT 621-2300 (1- letters).® Emergency accesses are required to be dedicated fire protection easements. All private streets and driveways that are provided for emergency access far Fire Department use shall be constructed to a minimum unobstructed width of 20 feet No parking Is allowed in the alleys and the alleys shall meet standard API -17 with a reduced tum radius as shown in the standard. The 32' streets shown in the tract are subject to further review and comment per standard API -2A. Upon further review the streets may be approved as shown or some areas may need to be identrfiad as fire lanes. Phasing of the project will require additional review for access and hydrants O E p A R T M E N T O F P U B L I C W O R K S TO: Will Tackett, Plannerpl Planning Division FROM: Hilary Kimber, Parti Supervisor H(559.62IA679d) DATE: December 15.2007 SUBJECT. Tentative Tract Subdivision Map T-5"1 (Licensed Between Wes Gettysburg and West Ashlan Avenues and NoNn Bryan and Nomb Hayes Avenues). The Department of Public Works has reviewed the Tentative Tract Map proposed by The McCaffrey Group, on eugimeering plans Prepared by Preston & Pri chats dated November 19 200] The Department of Public Works afters the following comments regarding the requirements for landscaping and imgetion in street right-of-ways, landscape casements. mals, outlots and median islands. STREETTREE REQUIREMENTS 1. The subdivider is requited to provide meet trees on all public statin fmntagesPar Fresno Municipal Code and for the dedication of planting and buffer landscaping comments as dpetndned by the Pinning Department Street Hees shall be planted aube mimmum rote Of ane tree far each W of street frontage by me Developer. The subdivider is required to provide initiation for all sheat lines. The imitation system shall comply with FMC 12-306 23, Water Efficient Landscape Standards. 2. . Street Tree Planting by Developer: For those lots having internal smid tree manage available for .street race planting, the developer shall plant one tree for each W' of steer frontage, or one use Per lot having street frontage, whichever is greater. Tree planting .shell be within a loPlanting and Utility Essenent a. Strep tree inspectwn fees shall he collected for each 60' of public street fmmage more bee Per lot whichever is greater - b. Street trees shall be planted In accordance with the City of Fresno. Department of Public Works rStandard Specifications" c. Landscape plans for all public use areas, such as parkways. buffers, medians contents. shall be reviewst] and approved by the Depamoem of Public Worts. Engineering Services. A sueer tree Planning permit shall he required for all residential arecurce flaming. a. Performance and payment writes, paid with final map, will he released when all landscaping stalled on public mayor citcontained property is in conformance with the Specifications of the City of Fresno. e. Upon acceptanceul' merequlred work warranty security shall he famished toorrmained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER bhVDSCAPING & MAINTENANCE REQUIREMENTS 1. The subdivider shall provide long term maintenance Final proposM lunowaped arms by eneurperationing for amulnuinn in the Community Facilities Disuin or by forming a limine Owner s Association. 2. Maintenance Service Through Automation Into One Community Facilities District. Landuapa and Indiction plains are required and shall besubttdtted to the Department of Public Works Fairview andappruvWpno t araC cilapprovalof6efinW map. Plmsshalfbenumberedtowfifamtoand be includN in the Department of Public Works inner construction plan Or for the Final map. Feu e applicable when be subdividerelet to have landscaping monitored by annexing into the City's Comm city Facilitiu Di oma A Landscaping shall comply with Landscape.Bnffer Development Smttdardsappcoved by me City Council on CcLuber 2,1990_ Landscape and irrigation plans shall comply with SeNona 12-3011 &24 and 10.121 of the Fruno Munieiptl Cade rate ding Water EffiuenT Landscaping Md Buffer landscaping. B. Should the proposed landscape buffers analor parkway strips be located tears an"rating buffo and/or parkway strip, the planting concept shall simulate the adjacent laotlscape deign m pressure more uniform appearance an Ne street. Vanancm in the landscape concept will be acceptable,but the design ofne new landscape buffer androrparkway suip shall 11110 mimic the existing u much as Feasible. C. Isnduape plans shall indicate grndu on a cross-section devil to include fencing or WWI details. All fencing shall be placed outside th<landseape enmment Maximum aloes spall not exceed 4:1 win t fact of level ground between net slope and the back of net side walk and/or face of fence. Erosion carol measure shall be implemented on WI slopes or <1, mcluding One not of symmetric ental running in combination with ground cover species approved by The Depm amneof PublmnWwkdEnginunnBServices Division, D. The walmaKFEr(S)mrvimg nebufferlendsuping shall heaixedforthpanucipatete service flows. E. No private flags, signs or identification of any kind shall be permitted in the rightaf-way, within net Ciry -controlled eazemen[or on the faux or wall facing net sweet. F. Lantlscaping in the nghtaf-way and landscape setback adjacent w water well this shell be the mspa money of the Cil of France Water Division and may not be tncluded In me CIID. MEDIAN ISIAND L.WUSCAPE REQUIREMENPS L When median islands front onto he proposed development project, aoollnnrs she/ submitPans ra th configuration as endo hnntine the o 2. The Public Works Department will review and evaluate existing metlian island(s) fore determination Of WI required impmvemanp prior To approval of Final Map. 3. Landscape and milymon is required on all new construction of median islands and shall be applied in accordance win the City of Frome, Public Warks Department Standards & Specification& end PMC sections 12306 -Mand 12306-23. The Public Workslkpaminu ntrequites all proosmd Intel islands to be constructed with 2 Pont wide c ilo rd concrete snips. Fifth along curb edge, in a 12 inch by 12 inch brick red slaw pattern. 4. Trees shall not he planted in sections which are less than eight (8) feet wide unless approved by Ne Public Works Depanmem. Sections less than eight (8) fact shall he capped with concrete Baan integral pan of the off site improvement, whether the modern is landscaped or not. OUTLOTS I. The Deparorrnt of Public Works will not he responsible for the maintenance of any outlets if they am not included into the Community Facilities District (CFD). If the coffees are to be included into the CFD, the Department of Public Works will squire apprising landscape and ittigadon plans to be submltaed with landscape buffer plans prior to inclusion Inca the CFD'. TRAIL REQVIREMEWS The sail shall he constructed in accordance with the "Maser Trails Manual' end Ne Public Works Department standards. The subdivider is responsible for the communes. The subdivideris espoahable for all landscape and impation improvements for and within the mail. Commuction plans shall be submitted and shall include landscapinand automatic drip inigation design. Trail mass - sections will herequired with submittal ofStreetPlans and Lan icapingJbdgation Plans for review and approval. These plans shall he in compliance with current City standards and apprised by the IkpanmentofPublic Works. Landscapingwithin the reglonallmultiWrPose trail shall include large, mediumand low -growing shards; planted from 3 to dfectapartdepending on variety. and treesspaced approximately M to 45 fem apartto provide 50%shade coverage amu the planting ares and pathway. Landscaping adjacent to walls or fences shall comply with -Landscaped Buffer Development Standards." All planting aressshall be irrigated with an automatic system. ON of Cn4 / rnil PUBLIC WORKS DEPARTMENT DATE: December 18, 2601 TO: WILL TACKETT, Planner 111 Planning and Development Department FROM: BILARY KIMBER, Parks Supervisor 11 Public Works Depar dram SUBJECT: CONDITIONS FOR TENTATIVE SUBDIVISION TRACT Mqt AND COMMUNITY FACILITES DISTRICT 1. The long term maintenance of MI Ne Items listed below is the ultimate responsibilityof the wnerldevelop air. If the Councilor Waperry ownerldevecper chooses not a include all of the Meme aromatic items listed In a Community Facilities District (CFD), the property re nerldeveloperahall be responsible for providing a mechi mem approved by Me City for the maintenance of such items. Maintenance of all Landscaping antl Imgation systems as approves by Me Public Works Department whim the steel right oa-ways (includes parkways and one hall of median Islands In Major Streels), landscape easements, trails and outlols associated! with the Splattered All outlots shall be dedicated to Me GIN of Freare for maintenance purposes and any rolatebwork required. Maintenance of sidewafk4 and steel Furniture as approved by Me PUNm Works Department within the street ngmaf-way and Me anduaw easements aaamiated with Me subdivision. • Maintenance of all antlmape atm f rgation sysams on sides and In medians, decorative concrete and shall included as entry treatments to the tract. Malnanance of all local street Cur W, Gulars and Sidewalks, and Merged islands as approved by the Public Warks Department within the boure ary of Me tentative map. • Maintenance and operating costs of all lttal Street Lights as approved by the Public Works Department within Me boundary N the teriefive map. Maintenance of all Steel Trees as eppmvent by the Public Works Department whom the boundary of the lentalfve map. 2. An Annexation Request Package shall be submitted to the Public Works Department it Me owner/developer chooses to be annexed Into the Cflys CM for maintenance purposes to be rawed for acceptance to propose. Packages must be complete Will all required Informin order b be accepted. The Annaxambn Request Form Is available on llne on the City's websia (NIPAWww.lresno.gov) under Me Publc Works Department Developer Doorway. 3. Proceedings to pace the Final Map tiro a CFO SHALL NOT commence until Me Final Map has been annexed Into the City of Fresno antl Me Final Map, Landscape and Steel Canstuctron Plans are considered to be Technically Current. Any change affecting the Items in ]have conditions requires Webb of this [after of conditions. If you have any questions, please call me at 621-8196 [aOD File uanmro omy cfo m, File No. SIO.a' FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Used, Planning Manager McCaffrey Group Planning & Development Department 7020 N. Van Nqs Blvd. City of Fresno: Fresno, CA 93711 2600 Fresno Sveet _ Fresnm CA 93721 MAP NO, S89IREV3 PRELIMINARY PERM (See below) DRAINAGE REAPS) " EO - •• DRAINAGE AREA ^ EO 81 SW ]98.00 DATE 5%IL9/[yj DRAINAGE AREA TOTAL FEE S150979800 The proposed development will generate storm runoff which produces potentially significant environimmal impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental POlICV ACL The District in cooperation with the City and County has developed and adopted the Storm O Drainage and Flood Control Master Plan. Compliance with and implementation dithis ■ Master Plan by this development project will satisfy the drainage related CEQAAYRPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance N prior to approval Ofthe final map at be rates in effect at the time of such approval. The fee M indicated above is bald on the sada ive mnp. Contact the FMFCD project engineer prior m W approval of the final map for the fee. Considerations which may affectthe fee obligazion(s) or thetiming or form of fee payment SA e) Fees related to undeveloped or phased Portions of the project may be definable. X III Fees may be calculated based on the actual percentage. ofranoff if different then that rn typical for me zone district under which the development is being undertaken and if Permnnent Provisions me made t0 assure that the site remains in that configuration. Manor C) Plan storm drainagefaacilities may be constructed, or required to be committed in Lou of paving tees. d) The actual cost incurred in constructing Mader plan ore rope system facilities is credited against be drainage fee obligation. +nntn Suisse. OLIVE _ FRESNO, CAcre?. SSq)t5&]±92. FA%(559)e5Wt9f M1v pgptyuah.R FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 oral e) When the actual cam trimmed in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will he made for the excess costs from nature fees collected by the District from other development Approval or this development shall be conditioned upon compliance with them District Requirements. I. Ir Drainage from the size shall be directed m X b. Grading and drainage parents shallben identified an Exhibit No.I N-2 The gating and drainage patterns shown on the site plan conform in the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct endear dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency.: X Developer shall construct facilities as shown on Exhibit No.lLee "MasterPlan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for. review prior to final development approval. X Gading Plan X Sturm Drain Plan X Final Map X Street Plan X Water &Sewer Plan Other 4, Availability of drainage facilities' —z permanent drainage service is available provided the developer can verify W the satisfaction of the City of Fresno that runoff can be sandy conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X Permanentdrainage. service will not be available. The Dis[ricuecommends ampmry facilities untal permanent service is available, X It See E.ehibi[No. 2. 5. The proposed development _Appears to be located within a Idd year Flood prone area as designated on the latest Flood U surnme Rate Maps available to the Distrun,, ncceseiti ling appropriate Floodplain management action. (See attached Floodplain Policy,) xImu sots C OLIVE-FRaSYm,CA one -0")x961193- FAX (iog)ieWW MeayM Lenmm xT h FRESNO METROPOLI i'.AN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page S ruts _Appears to he located within a 50(lyear flood prone amens designated on the latest Flood Insurance Rate Maps available to the Distinct, =Doc not appear to be located within a flood prone Brea. 6. The subject site contains a portion of a canal or pipeline thesis used to manage recharge, storm water, and, or flood flows: The existing capacity must he preserved as part of site developmem.Additionally. site development may not interfere with " the ability to operate and maintain the canal or pipeline. >- The Federal Clean Water Act and Ne State General Permits for Stone Water Discharges Associated with Construction and Industrial Activities (Stand General Pecmmi resume developers of construction prat sots disturbing one or more acres, and discharges associated with Industrial activity not otherwise exempt Sam National Pollutant Dischsrge Elimination System (NPDES) permitting, to implement controls to reduce polluti prohibit the discharge of waters other than storm water to the municipal storm more system, and meet water quality standards These requirements apply both to pollutants generated during construction, and to those which be by O may generated operations at Inc development after construction. a. State General Permit for Storm Water D'uohsrges Associated wish Contraction Activities, approved August 1999, (modified December 2002) A Some General I •• Cunshuctien Permit is required for all clearing grading, and disturbances to the ground N tat esult m well diutmbance of a knot one acm(or less Van one acus if pan of a /11\ larger common plan ofdevelmpment or sale). Pemdrtecs are rcquiretl m: submaa Notice of Intent an he covered and rams pay a permit fee to the Mare Water Resonances W Control Board (Sure Board), develop and implement a storm water pollution ML Prevention plan, dim mine non -storm water discharges, cundutt mutons site inspections, min employee in permit complimu, and complete an arcual cenificarion of compliance. X b. State General Permit for Smem Water Discharges Associated wish Industrial Activities,M April, 1997 (available at the District Office.) A Sure General Industrial Penna is required for specifictypes of industries described in we NTDES regulations or by \\ Standard Industrial Classification(SIC)code. The milowingeateouriesifindmtnes �V are generally required to secure an industrial permit mangy twng;. trucking. recycling; and waste and haaardom waste management. Specific exemptions exist for anummuring activities which occur entirely indoors. Permittees are requlreL to: submit a Notice of Intent to be covered and must pay a permit its to the Some Water' Resomeea Control Bound, develop and implement a storm water pollution prevention Plan, eliminate non Aides water disebarges, conduct routine site inspections, train employees in permit compliance, sample marm water mnoffand test It for polluunt indicarore, and annually submit a report m the Som, Board. aiura 54691.0L1V[-FRFSN0,Csicti ISsara565 - FNE(559)e569e4 Tw"Ad dwi FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 The proposed development is encouraged to se leen and implement norm water quality controls recommended in the Fresno -Clovis Smnn water Qualin Management Construction and PostConstructionGuidelines (available at the District Office) to meet the requirements Ofthe Soup General Perrault, eliminate the potential for man - storms water to enter the municipal storm drain system, and where possible minimae contact with materials which may contaminate storm water mmol£ 8. Arequirement of the District may be appealed by filing a written nonce of appeal with the Secretary of me Disinct 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 revue fees,.w eessary to accommodate changes made in Ne proposed development by the developer or requirements made by other agencies 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. eaw to r r%r®� Project Engineer: Rick Lyons District Engineer Provost & Pritchard 286 West Cromwell Ave. Fresno, CA. 93711 mon: $469 EOLNa- plateau, CA9]t91.(559)L56.PT- FAA (559) 4561194 Mn yYaa6eFumwr 1A' k r N MIMEr ASHCAN AVE. OUALA KTS xrs. �— — e w w ASH S u scwe v-em JE_ TRAC��� COP 2001-308 EXHIBIT NO 1 DM AGEAR&' W" SHEFit 2 FRESNO MED OPOLI FLOOD CONTROL DMCT LEGEND Maser Pan FacllNea To Be ConsWried By Developer F— - Plains(SIas SM1rvm) 8Inlet (Esglble For Fee Cretin. Dplanal MasterPlan Feel To Be CwuWtlef By renderer Praha IS" SEom) Elgible For Fee Cel Master Plan Fafseas To Be Conal — -- ByCenNW unIB Deand Mal Flan Fecllitles Te Be ConeVuclei By Developer olTad 5721 o— — US419 Martin Plan Faa niea Cg Future MasterPlan Fauces Nommanor Plan Faoli4es To Be Conesutleb By Developer ----' (Not Babe For Fee Cret Diremon Of Ott Inter Bountlay —._— Orwell Area Boundary TRACT 5652 MINT N0.1 DRAMAGEBREA:"ED" III FRESNO METROPOLITAN FLOOD CONTROL DISTRICT OTHER REQUIREMENTS EXHIBIT NO.2 The drainage F identified on this revised Notice of Requirements for Tract 5891 has been computed at a rete commerashuate to the calculated composite land use for this development. The District's Master Plan has been revised in accommodate the densities proposed for this project. The costofcoriso-uction of Master Plan facilities, excluding dedication ofs o m drainageeasertrn[s, s eligible fur credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall the executed with the District to etTect such credit Reimbursement provisions, in accordance with the Uainage Fee Ordinance, will be awarded a the extent that developer's Master Plancosts[Dr anindividual drainage areaexceed the fecofsaidarea. Shouldthe facilities cost forsuch individual area total less than the fee ofsaid area, thediffetence shall be paid upon demand to the City/Cowry or Distnct A ndnimlmh fifteen -foot (I5) wide storm drain easement will be Required whenever storm drain facilities are located on private prespni No encroachments into the easement will be pertained including, bre not limited On, foundations, roof overhangs, swimming pawls, and trees. The easement may be slightly maligned to accommodate future development, provided the property owner accepts the mponsibility to grade the property such diaa the drainage from the property will reach Wets on the alternate pipeline aligmnent and accepts any additional costs for flat tmcton of additional storm drain facilities that may be required Any proposed storm drain alignorants mut be reviewed and approved by the District- The istrictThe District requires that the developer of Tract 5891 provide a stub street at Cot 542 to provide a means of drainage for major storm Occurs. If the stub street is not provided, the developer will be required to provide storm drainage channel to provide a method ofconveyavoe forpaacls north of daisy feet during a major strum event No surface ren -off shall be directed rewards the alleys. The construction of the Meter Plan facilities labeled "Optional Master Plan Facilities" shown on Exhibit No. I will provide renascent drainage service to the easterly panion of Tract 5891. However, if the "Optional Muter Plan Facilities" are not constructed, the Distract recommends temporary facilities until permanent service is available. The Central Unified School District will install the Master Plan facilities in Bryan Avenue that will provide perrnesnent service more westerly portion of the. Rosset Should these facilities not be constructed prior to development the District recommends temporary service wail permanent service is available, puke i of2 Development No, Tract 5891 Rev.2 cs..m,..aann,,.uam 1.1,c .uwah OTHER REQUIREMENTS EXHHHT NO.2 Some of the areas of Tract 5891 we shown with proposed alleys. The proposed alleys must have capacity to carry the necessary flows, particularly iff art oral] ofine lots drainage will be directed toward the alley. Also, the major storm flows must be directed toward major streets and the major streets must be designed to accept the larger capacities of the major storm Rows. The smaller streets with wedge curbing are of insufficient design to carry the capacities of the major storm Rows. The developer is required to provide storage in Basin "EO" by excavating 41,000 cubic yards as directed by the District in an excavation permit obtained from the District. If stockpiled within Basin "ED", the developer will be eligible for $1.40 percuMc yard credit. The Districlreserves the right to delete this work prior to the developer initiating work. Prior to any work being initiated in the basin, the developer or his Contractor shall obtain an excavation permit from the District. tribe work consists solely of stockpiling internal excavated from ihebasia within the basin, there is not a permit fee. However, if any material is removed from the basin (off-site),a permit fee shall be paid proton receiving the permit. No importing ofmand al is permitted. In an of al to improve Simon runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented Gam contact with minfall and runoff and thereby prevent the conveyance of commutations in runoff into the storm drain system. The District encourages, but does not equire that roofdmins from non-residential development be constructed such that theyare directed onto and through a landscaped grassy Swale areata filter out Pollutants from rmfrunold Runoff from areas where industrial activities, product, or merchandise came into contact with and may contaminate storm water must be directed through landxaped areas or otherwise treated before discharging it an -site or into a storm drain. Roofs covering such areas are recommended Cleaning of such areas by sweeping instead of washing is to be matured unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated mnofffirom such areas that directly connect to the District's System will not be permitted. Loading docks, depressed areas, and ting or Ibding vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements are available. Contract the District's Environmental Department for further Information regarding these policies related to industrial site requirements. Page 2 of 2 Development No. Tract 5891 Rev.2 K _ S.1w aninimTn ww1 n..amadaau City of FRESNOfill DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION � %4harer Vi DATE: October 13, 2009. a Lfi..ivi TO. WILL TACI(ET,, Planner 111 Department M Planning and Development, Planning Division FROM', MICHAEL CARBAJAL, Supervising Engineering Technician Department of Public Utllllies, Water Division SUBJECT: REVISED -WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 68911UGM The lollo ving conditions are required to provide water service to the bad. 1. Cpnstud a 10.lnch transmission grid water man (including kutallation of Cly fire hydlanh) In West Gettysburg Avenue from North Hayes Avenue wee to Ni Bryan Avenue, 2. Construct a water supply wells) on a sde(a) dedicated to the City of Frnoo. The well(s) shall be capable of producing a teMl of 2,000 Bettina per minute. Well elide shall be of a size and at a location acceptable to tiM Water Systeme Manager, The =at of acquiring Ne wall ages) and conntuctlon of the walls) ahel be reimbursed from the UOM Water Supply Well Reri Ares Fund Sols, In accord l with established UOM polkal 3. Wawrt NconsWalonshallndudewelhead UmnentradiYes, Ifmqulmd Thecost for constructing wellhead Vestment facOt e; mall be n imbmaed from UGM Wellhead Treatment Service Area Fund 301, In accordance with established UOM pslides, 4. No occupancies will be pevogfed pr'urto the satisfaction of the water supply requirement. 5. Develop ed implement mifigal measures is offset groundwater pumping equivalent tot"pad's annual water demand at bulkhout plus 15%, Thesemttlgationmeasures Include Me use of FID surface water for Initiation, Installation of lax flew f tures, Ne use of artificial lawns for landscape, and the use of evapotranspiration anraolbrs. The mitigation measures shall be sublets to prior approval by the Water Systeme Manager, B. The development shall design appropriate infrastructure to faditata water consumption at a rate of 243 gall0nepareor✓tley. T. Separate water services with meters shall be provided to each lot created. 8. Two independent somms of water, meeting Federal and Sato Drinking Water Ad StandaNa, are required to serve the trod Inducing any subsequent hint eee thereof. The her-seume requirement may be aaomplishad through a comlommon of water main extensions, construction of supply wells, or other acceptable sources d water supply approved by the Water Systema Manager. 9. All public wateriedlities shall W constructed in accordance with Public WOMB Department standards, specifications, and polldes. 10. Seal and abandon existing on-site wells) in compliance with the Stab of California Well Standards, Bulletin 7490 or current revisions issued by California Department of Water Resources and City of Fresno standards. 11. At proposed water main easements shall be dear and unobstructed by buildings or other structures, No fencing or well shall elmer enclose or be located above the water main. The planting plan for any proposed landscape within the easement shall W approved by the Department of Public Wine. No trees Well be located within B feet of the water main. All water mains within an easement shall ba dearly manned with sgnage above Indicating tre and location and type of facility, below. 12. Const ud a reclaimed water system in public rights-ofavay to W Ise future Unary treated wastewater for landscape initiation purposes. Design of the redalmed water mains wilt be subject to approval by the Assistant Director of Public WINes. r.WE=1e Hwn WAemvneal 101301.M City of 0mr!QxkI4l/;i rnIs-�IV%ki DUARTMENT OF PUBLIC Up1 FpHtS Date: January2,2008 To: ROBERTLEWLS.Supemsing Platmer Planning Divmion From: DOUG HECKER, Supervising Engineering Techniciao ` public Utilities Depatwent. Planning and Engineering Divisors Subject: SANp YSEWERRBQUb2EMENTS.FORVE GTENTATIVETR 5891(UGM, REZONING APP. NO. R-07-29, PLAN Ahf©VDMENT APP. NO. Apt -W AND CONDITIONAL USE PERMIT CpY308. General T-5991. A-074008, Rei -029. C-07-308, for appandromrely 130 acres of lead located between Wast Ge tysburg and Wen Ashlan Avenues and North Bryan and North Hayes Avenues, proposing a 641 -Ice planrcd development subdivision. Ap1-008 is arequest m arrad 2025 From, General Plan and Wear Area Community Plan bum Neighborhood Commercial as designation to Medium Density Residential plu designation for 10 acres (APN 311-010-29.32 and 39) and Medium Density, aod High Density Residential plu designations to Neighborhood Commercial pla for 5 acres (por APN 311-0]0-50). Rpt -029 regamm no change the zoning from RR County, R-1-UGM, R-2-UGM and C-I-UGM an C-1-UGM Neighborhood Shopping Center-Orhan Growth Management zone district (per of AIN 31 1p MiR-I-UGM ad R-2 Law Density Multiple Family Residential eine districts (APN 311p Ml, 07.17.19.39.48.50 and!i4f C-0yJ08 is a request to allow her reduced lot width, depth dead setbacke ad including public alley vehicle and pdesaian access. Sanimry Sewer Service TTe nearest 5211150y sewer maim or serve the proposed pmjet are a 15 -inch Pain located in West Gettysburg Ave and an Binh main located in North Bryan Avenue, The following sewer improvemenu.shall be required prior m providing City sewer service to the project I. Construct 18inchand 15 -inch ordinary newer mains in Wear Ashton Avenue baween North Bryan and North floyes Avenues. 2. Construct an 8 -inch saniury sewtt main in North Hayes Avenue from Wen Asidan Avenue north approximately 1,000 if. 3. Swaney sewer mains shall be extended within the proposed nett to provide sewer service to each lm creased 4. Separate sewer house branches shell be rectimd for each lot created. 5. Abandon all evsdng on she private sewer septic systems in accodaare with City nmdads, specifications. and Wheim. 6. All public sewer facilities shall be comtrrmd in accordance with Deparonrnt of Public Warks standards, specifications, and policies: 1. All underground street utilities Mal he unbilled prior in pemanent street paving. 8. Street easements mdbr deeds Mao he recorded prior to appoeval of wprovemen[ plues. 9. Engineered improvement Plans Prepared to City Standards by a Reu_inered Civil F.neineer are rmuird fsu proposed additions to Ne sanitary sewer system. 10. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and submitted to the Depanm no of public Uuliaw for review and conceptual approvals prior to aubmihul ordeceptance of the developers final map and engineered plan & profile Intpmvemanr drawing for City review. Samlary Sewer Fe® The fallowing Sewer Conn wthsn Charges she due aM shall he Paid for the R ject: 1. Ueeral Sewer Charge. 2. Oversize Sewer Charge, 3. Oyersim Sewer Area: #39 4. Trunk Sewer Area Grandand 5. Sewv Farility.Charge (ResidenriN ONy) Mr Will Tacked City of Fmno Development Department 2600 Fresno Street Third Floor Fresno. CA 93721-36M Dear. Mr.'fackett Caltrans has received the plan mnevdmmt, income, use permit, tract map, and Traffic Impact Study Q15) for the nund-use project loam d between West Gettysburg. and West Ashlan Avenues, North Bryan and North Hayes Avenues. Caltrans Us the fh0owing comments: The proper is expected to generate Mar AM and 554 PM Peak Hour trips. The pmjecr's US iMicmw that project RIPS would impact the State Route (SR) 99 intercbmges at Show and Ashlar Avenues. Table VII of the prject's IIS includes the traffic cemulmn's calculations for mitigation to the State Highway System There are seveml discrepencia w Figure 10s peak hour nwnbers when eomparmg those shown in the 2025 Select Zone dmwmgs of flue SR 99 and Shaw Avenue intersection. Failures macere ecalculdel the lair share, using the Council of Firma County(lovermnms' values over those in the project's IIS. Using the City's Formula, we have determlrbi met this project's proportional share to maritime for impacts to the identified imemnaage8 is 5111,040, as presentd in the a5mched fable (Attachment Number O. The City should consider a trmsit alternative for Ws Immon. Them; is sufficient development in this general area to support transit, and early planning could make such an alternative feasible Cadmi rtcomenecureas martdtis project be muted to Frsno Area Express (FAX) staff for their review and comment. Please sec Attachment Nmnber 2 for other rcormneodd monaterramon alternatives. R you have any teachers, please anti me at (559) 4834347. Sanitarily, - 7 �Q/bu�T�C /lam 7 IOANNE STRIEBICH OtBcu ufTrmnsponation Planning Distrix 6 Attachments C State Clwringhms blr. Scott Monier. City ofFremo Public Warks Department NJ, Bryan Jones, Cry of Fresno Public Works Depanmaat MSB rhurm(ioodwin, Council ofFremo County Governments 'Caaw.rlrybm uv6mn .,,Vo c'w(/umn DEPARTMENT OF TRANSPORTATION - - 1552WEST OLIVE AVENUE P. D. BOX 12016 - FRESNO, U 93778.2616 PHONE (559)4894347 FAX (559) 4994098 Ffu wC TIY (559)6984I56 _ _ Ae coup r94➢nt r. Apra 14, 2008 21314GR/CEQA 5 -FRE -99 -26.5+1- A -0J-008, R4)7-029, C-07-308. T 5891, &TIS MCCAFFREY MIXED -USF. SCH #200712 1045 Mr Will Tacked City of Fmno Development Department 2600 Fresno Street Third Floor Fresno. CA 93721-36M Dear. Mr.'fackett Caltrans has received the plan mnevdmmt, income, use permit, tract map, and Traffic Impact Study Q15) for the nund-use project loam d between West Gettysburg. and West Ashlan Avenues, North Bryan and North Hayes Avenues. Caltrans Us the fh0owing comments: The proper is expected to generate Mar AM and 554 PM Peak Hour trips. The pmjecr's US iMicmw that project RIPS would impact the State Route (SR) 99 intercbmges at Show and Ashlar Avenues. Table VII of the prject's IIS includes the traffic cemulmn's calculations for mitigation to the State Highway System There are seveml discrepencia w Figure 10s peak hour nwnbers when eomparmg those shown in the 2025 Select Zone dmwmgs of flue SR 99 and Shaw Avenue intersection. Failures macere ecalculdel the lair share, using the Council of Firma County(lovermnms' values over those in the project's IIS. Using the City's Formula, we have determlrbi met this project's proportional share to maritime for impacts to the identified imemnaage8 is 5111,040, as presentd in the a5mched fable (Attachment Number O. The City should consider a trmsit alternative for Ws Immon. Them; is sufficient development in this general area to support transit, and early planning could make such an alternative feasible Cadmi rtcomenecureas martdtis project be muted to Frsno Area Express (FAX) staff for their review and comment. Please sec Attachment Nmnber 2 for other rcormneodd monaterramon alternatives. R you have any teachers, please anti me at (559) 4834347. Sanitarily, - 7 �Q/bu�T�C /lam 7 IOANNE STRIEBICH OtBcu ufTrmnsponation Planning Distrix 6 Attachments C State Clwringhms blr. Scott Monier. City ofFremo Public Warks Department NJ, Bryan Jones, Cry of Fresno Public Works Depanmaat MSB rhurm(ioodwin, Council ofFremo County Governments 'Caaw.rlrybm uv6mn .,,Vo c'w(/umn \ „ , ]_, ! \:; ] �\\ ! ) )}! § !! 4 /} (/`: \ { „ , �\\ »/b /4J a ,\\ �\/ � i..!) ( ![! §! { ATTACIL`v1E 2 7'ItBER2 CALTRANS RECOIvMEWATiONS FOR TRANSPORTATIONA TEIUNATIVll& Ongoing development tluoughout Ne City of Fresno, including this project, will make trafLe operations significantly worse by adding considerably to delav and congestion. Transit alternatives can help reduce congestion end delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to elhtiaate trips in addition to summing capacity. Transportation alternatives me City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity, of Nis projerm 2. Astudy of the general accommodation and provision of mass transit in this area to provide insight on ways ofincoming transit mage. I Exploring NepotmtialofcommutmshuWes. The shuttle mold be Snmced through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various cormnercial,offce centers within the area. Commuters who aced to go limber mold rise City of Fresno womitifthe City planed for cononionitcomemmes. This may help to reduce Ne Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. providing for continuity of non-moesiizd transpmtetion. 5. Exploring the Football far employer-sponsored cazpeols/vanpools or monthly transit passes for employees as well as including as a condiuon of project approval a covered transit mop as mitigation for projecorelated impacts to Ne tromporommi c rculation system. E Explonngthe pmentiel for linking the purchase of a monthly transit pass with new residential development at partial mitigation for congcshon and ab quality impacts, and to Moore the long tem viability ofpubfic transportation. 9 Pacific Gas and Electric Company. December 12. 2007 Development Department Engineering Services Division Land Division Section 2600 Fresno Street, Room 3693 Fresno, CA. 93721-3604 Attic Dave Braun Dear CA, s Rraurl, r uu c- rcYM PaOn 74 Mu,,. vmnr. ssazaisler FS500seee,"n Entail W�P}.QMI Vi Ck 93,60 LAM a.Mm W zcSII V EsE DEC 19 2007 n P PI 4inn peelcoom Oiry OF FRESNO" Dept We have received your request for comments notice for the TentativeTract Map No, 5891. OUR FILE: Hemdon- Kearney 230KV Towerline Thank you for the opportunity to review and comment on the Tentative Tract Map No. 5891. Pacific Gas and Electric Company (PG&E) owns and operates an electric transmission tower line located within the proposed projects boundaries. To promote the safe and reliable maintenance and operation of utility facilities, the California Public Utilities Commission (CPUC) has mandated specific clearance requirements between utility factifies and surrounding objects or constructicn activities. To ensure compliance with these standards, project proponents should coordinate with PG&E early In the development of their project plans. My proposed development plans should provide for unrestricted utility access and prevent easement encroachments Nat might impair the safe and reliable maintenance and operation of PG&E's facilities. PG&E hereby recuesfs that the locations of each steel tower fal be d bm f it upon the map PG&E maintains that the location of easement is monamented b the existing f l touvens and their ted centerfiries on the property. It is imperative that PG&E review alf improvement Diane odor to tru f activity Proposed within our easement area. Some examples of activities that could have an impact upon our facilities include permanenVtemporary changes in grade under or over our facilities, construction of structures within or adjacent to PG&E's easements and planting of certain types of vegetation under our electric facilities. Developers will be responsible for the costs associated with the relocation of existing PG&E facilities to accommodate their proposed development. Because facility relocation's require long lead times and are not always feasible, developers should be encouraged to consult with PG&E as early in their planning stages as possible. Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In addition to adding new distribution feeders, the range of electric system improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capacity, and building new substations and interconnecting transmission lines. Comparable upgrades or additions needed to accommodate adtlitional load on the gas system could include facilities such as regulator stations, cdcrizer stations, valve lots, distribution and transmission lines. PG&E remains committed to working with the City of Fresno to provide timely, reliable and cost effective gas and electric service. Please contact me at 263-5167 it you have any questions regarding our comments. We would also appreciate being copied on future correspondence regarding this development. Since ly� yle Patten Land Agent con o County of Fresno O DEPARTMENT OF PUBLIC WORKS AND PLANNING .A } ALAN WEAVER, DIRECTOR F'RE TO: Chromium. Developers It Engineers FROM: Road Maintenance&Operarturs IDe%mopmem Engirxremq Plan Revlew&Approval SUBJECT'. Developments PmposulIn County Areas& Proposed For Annesason The fa WMry mrpNom are required of development project plan far connection or adjacent W Comity areas wfime stated for uncommon into incormu m ut Ones: t. Road Imerovembrit Rang • Any work required Amid OR contracting to the County rlgMbf-way All requere revbw, approval ant enapaghmem penmtt Lssuarlce from Courcy Road Maintenance & Operators. • Stimi g plans as part crime! improv¢mem Nam shall be submitted. See attatlled cledlirt. NOTE: Traffic control devices andamed requlres approval. STOP signs. NO PARKING and traffic signals Te c Wig Supdrv'rsmsrevimmoTtoganappWv akn it Aimee. Nbw00dM inptheappmval. TraMc studies Mll in segment where more Man 10Mps/peak aur at inlersecsn or 100 Mps'days are A plan cgraderanrime crashes Are • Aplan check revNw MOISS,9oD is requlredwM dre Is avbmMal for Meimprovemant plans 2. Utilityce • Propasetl or resiu1red members ant uMapmurALg ane to the submitted Well Me t•' submittal of the plans. • Suburban Of pans form Me aRMed utliry company will the 2n0 subni tal is required pror to plan reveau • A Plain check review M of f690 is required AM the Is submittal for the Encmchmm 3. Gradin Pan • Where adjacent to Coumy areaplans shall be subMued ant reslewm by Me Development Engineering Seaton of County Public Works. • Annotator documents are required for ventatbn of Me Ibmts of mm to be reviexN, approved and pemdtted. • A grading voucher An issued upon submittal of adequate Informal [per Me a ithed II9q and approval Dnor to grading In areas proposed for annexation. • LOMng patterns for adjacent trams Oruplsm shall be passed where adermin by proposed developments. 6. Traffic Control Plans l Road Closures Stan requires a hism review time from subm mi to response for TCP (Traffic ('Antral Plan) revieves, • Lan closures am typically limned to between Me hours of 900 but ant 4:00 an. • No dstours are permit am County of Fresro Nadways that are not striped. Sigm in the County's judsdimon most be on pasts Metre remaining in place longer than three days, • NO adjacent mountain, i5 to M dosed concurrently WM an prtif or propose] closure. • Advanced reeducation by Me developerminum oris a be given to pmpety Owners, afMm businesses and Me maturing pudic stMed by an upmmirgflm0ending proposed census: • TCP's am cabbiRd lO reflect the most current esRbn M tin California M.U.T.C.D. • If any of the proposed! closure Or detour more is shown tohe Worth a joint jurisdictional aced, accepence am agreement MM Mal artMed agency is required, • closures proposed to be Tors temp must have a mnshuCNOn schedule sudnbtsl MM Me proposal to auttly Me durationMueated. UquW# damagesmtheroted&1,2mkday MIIbeslangedforaosuraasceedirg Me allotted cerin approved Anti Me TCP. Anecnmmnbt Rw Mie nor Crack Llq DC Enp. ma9y Valla ClwYlln 110abK07 ROAD MAINTENANCE a OPEMTIONS DIVI&CN U00 Us, SV W, SIrM Flml Ross. Leeann 937211 enme(5 as ZOf4390/FAt2634160 Fwa Fmpleymmt(fshWnM• AffirmativeAlum. okLlei Eirp'gw PLAN CHECK PROCEDURES & CHECKLIST FOR INPROVEMEkt FIANBAND ENCROACTMENT PERMITS MPINTENANC£ S OPERATIONS DIVISION DEPARTMENT OF PUBLIC WORKS AND PLANNING Project Completed By: The following checklist must be completed before plans can be accepted for review. Date accepted for review: By: Screening for Plan Acceptance Done NIA (Init.) ( 1 ( ) 1) Pre—"Plan Preparationin g. with appropriate agency(ies) and engineering consultant staff held on ( 1 ( ) 2) Show existing and proposed rfghtof Nay on plans ( ) ( 1 3) Attach Conditions of Approval for land use entitlements to plans and mitigation measures if applicable. ( ) ( 1 4) Show 'existing", 'proposed "to be relocated" and "to be removed" utillies and irrigation facilites on the plans. (The 'Developer" is responsible for relocating any existing utillty, and freeman facilities (within the County road right-of-way) to the correct alignment and gone.) ( ) ( ) 5) Provide written perfection from all affected utility companies that required pale relocation design has commenced and all assonated engineering fees paid ( ) 1 ) 6) Plans should be reviewed for existence of longitudinal Inigafion facilities within RAN. If shown, special approval should be cleared before acceptance. ( 1 ( 1 ➢) Plans should include a valid stamp and signature ( 1 ( 1 8) Provide Signing and Striping Plan showing existing pavement width. signs, and markings for a minimum of 300' (500' preferred) beyond project limits. ( 1 ( ) 9) Prevltle note stating that a County encroachment permit Is required 1 1 1 ) 10) Prrvnde digital photos of the proposed project site ( ) ( ) 11) Attach Than and Eng Posting Study for new Intersection controls proposed (All way stops and Traffic Signals). Use Caltrans Traffic Manual warrants. ( ) l 1 12) Show existing topographic Information and show dale In which data was collected on title sheet. 1 ) ( 1 13) Provide sbacaral section calculations to Include 0.20 safely factor for County roads_ ( 1 ( ) 14) Provide documentation lar proposed annexaaoa ( ) ( 1 15) Show jurisdictional lines (City & County) to include proposed annexation ( r l 1 16) Aauw a Prior FILn rf tom weexe mr brand or bupervlsor a a rmucco ron for any proposed signal lights, stop signs, yield signs, speed zones or no parking zones_ Rwmd nWr 6'.RySRIva rr t ni rdllll II From CK ✓ROCELUKESgx PLAN CHECK PROCEDURES & CHECKLIST FOR IMPROVEMENT irl& ENCROACHMENT PERWTS MNN hVNCE& OPERATIONS DIVISION DEPARTMENT of PODMC WORKS &PLANNING Poison Completed by. Engineer Date: The fallowing chapp iSf will be completed before improvement plans can be approved. Done NIA (Inst) A. Plan Review Elements 1. Cross slope: ( ) ( ) a)2% for new road (Rural & urban areas) ( ) ( ) b)2%to 3% for new mad (mountainous area) ( ) ( ) c)1%to4% for existing mad (50'-60'bght-of-way) ( ) ( ) d)i%to3% for existing road ISO '-110'rghtof-way) 2. Side slope: ( ) ( ) a)Ruml oma:2:1 maximum for fill slope 1S l maximum for cut slope; AC Like for flll> 3and shoulder slope > 4:1 ( ) ( ) b) Mountainous area; 2:1 maximum for fill alone> 5', 1 %; 1 maximum for fill slope <5'; 1 %: 1 maximum for Out slope ( ) ( ) c) Setback from property, Imes 3. Minimum culvert size: ( ) ( ) 3)18° outside FfdFCO boundary ( ) ( ) b) 15" within FMFCD boundary 4. Curb return radius: ( ) a) 20' for local to local connection ( ) ) b) 25' for tocol to celleclor or arsenal connection ( ) ( ) c) 25for collector to collector connection ( ) ( ) d) 3o' for arterial to collector cannection ( ) ( ) e) 3P for artedal to arterial connection ( ) ( ) f) 301 industrial road ( ) ( ) g) 40'for AC road approach 5. Vertical curve: ( ) ) a)Fill road — Algehraic difference in profile grace >0.5% ( ) ( ) b) Lozol road—Algebraic ditrerence In profile grade > 10% &. Horizontal curve: ( ) ( ) a)Major road — deflection angle >0.5' ( ) ( ) b) Local mad —deflection angle> 1.0- 7. Curb and gutter plan: ( ) a) Show proposed top of curb profile along site frontage. ( ) { ! b) Show existing centerline pri along site frontage. Induce at least 300'. beyond each end of property mto existing car, whichever is feasible. ( ) ( ) c) Show existing edge of pavement profile along site frontage. Include at least 30P beyond each enc of property or to existing curb, whichever is feasible. Page 1 of ( ) ( d) Provide a minimum of 50' pavement transition at each end of proposed curb. ( ( ) e) Install wheelchair ramp at all curb returns. ( ) ( ) f) Provide a minimum of 02'fall around curdreturn and along valley gutter ( ) ( ) g) Delineate existing and proposed cum/gutter, sidewalks, driveway approaches and pavement limits on the plan. ( ) ( ) h) Curb B gutter grades shall conform to FMFCD Master Drainage Plan. i) Curb 8 gutter plans must be submitted to and approved by FMFCO. ( ) ( ) I) Smakover angles. 8. Flood hazard: ( ( ) a) Submit drainage study. ( ( ) b) The hinge point of proposed road shall he a minimum of 12' above the 100 -year high water level (site within FMFCD boundary extended) ( ) ( ) c) Runoff from the development should be kept out Of natural swales which drain to downstream areas as much as practical. In any rase, this mnofl should not exceed pre-0evelopment conditions. 9. Drainage: ( ) ( ) 0) Provide AC gutter, dike or ensign controls at profile grade steeper than l%. b) The hinge point of proposed mad shall be a minimum of 12' above the gutter Bowline. ( ) ( ) c) Spillway of drainage basin shall be a minimum of 6' Was and 2:1 maximum side slope. ( J ( ) d) Submit drainage and grading plan showing how runoff will be taken pre of without causing Problems to roads or Other properties H arching to natural channels. ( ) ( ) e) Show contour lines or adequate elevations on he also. 10. Minimum gutter slope: ( ) ( ) a)0.15% for dirt gutter, prefer 0.20%. ( ) ( ) b)0.10% far concrete gutter, prefer 0.15% 11. Minimum structural sudden: ( ) ( ) a)0.1TAC/0.35'AR/0.50' compacted native soil (95% compaction) on interior road. ( ) ( ) b) 0.17' AC/D.35'AB@50' compacted native soil (95% compaction) on existing County maintained road Provitle structural section calculations. 12. PM -t0 Standards: ( ) ( ) a) Show pavement width to be a minimum of a 12' travel lane plus a 4' paved shoulder for ADT less than 3000. ( ) ( ) b) Show pavement width to be a minimum of a 12'travel lane plus an 8paved shoulder for roadways with PDT greater than 3000. NOTE: a 17 travel way with an AC dike may be used in lieu of the 12'+8' listed above. The dike must be mountable with a 4.1 max slope for paging or 8 a Type 'A' Dike is proposetl, Road of Supervisors approval is required for prohibition of parking. 13. Tri Engineering Design: ( ) ( ) a) Provide all support information (auxiliary lane Justification, intersection control warrants, Speed zones and parking prohibition) NOTE: ROS approval is required for prohibition of Parking In excess of 200 feet In lengh. ( ) ( ) b). Shaw stop signs for cross streets that intersect through roads. NOTE: Stop signs for =as guests other than through roads must be approved by the RDS. ( ) ( ) c) Reference plans to County of Fresno Improvement Standards, noting design speed used. ( ) ( ) d) Shaw transition lengths based on the formula L=WS per Caltrans Design Manual. ( ) ( ) e) Show all bay tapers to be 120. ( ) ( ) f) Show and label all existing signing, shell and Pavement markings within a minimum of 300 feet of the limits of construction (including street name signs) and not whether they are to remain, be relocated or removed. ( ) ( ) g) Show, label and dimension all types of striping. ( ) ( ) h) Show and identify proposed appropriate signing and strping. Page 20(4 ( ) ( ) I) Show all signs to be located in the right-of-way and show Nat they are adequately visible. ( ) ( ) j) Show adequate intersection sight distance within rightbf- for all intersections and driveways. ( ) ( ) k) Show all obstructions to be removed or relocated to a minimum of Whom the edge of pavement including utility poles. ( ) ( ) 1) Provide l P minimum clearance between edge of pavement and right-of-way, unless otherwise approved by this once 14. Traffic Signal Design: a) Provide G] street name signs mounted on mast arms. ( ) ( ) b) Show all signals to have 12' LED. ( ) ( ) e) Show pedestrian signals except a rural locations without pedestrian traffic. ( ) ( ) d) Show loop detectors to be installed in PVC conduit. ( ) ( ) e) Show appropdete loop detector spacing based on speed limit or maximum speed. ( 1 ( ) 0 Show all signal conductors to be contained in cable (vehicle-0, pedestriamS. PPB-3). ( ) ( ) g) Show far and Intermediate detectors for all approaches with speed in excess of 40 mph. ( ) ( ) h) Show signal poles to be 3.5minimum (4 preferred) from edge of pavement or face of curb, whichever is greater. ( ) ( ) i) Verity Net signal facilities will be compatible with future improvements. 15. Schools: ( ) ( ) a) Provide an pemnent support data. I. School pedestrian study. a) Sidewalks. b) Suggested route to added. 2. Pedestrian volumes. 3. School attendance houndary. 4. On-site depletion for staff, buses, parents and students- 16. wilmes: ( ) ( 1 a) General notes should require a USA check, and a statement that any obstructions in the roadway shall be rumpled outslde the paved area. ( ) ( ) b) Utility company pole relocation and required Infrastructure Installation plans corresponds with proposed road improvements. 1T. Other: ( ) ( ) a) Record drawings or ceNrwtion of compliance (from Engineer of recoM) may be required upon completion of the improvements within the road right-of-way. ( 1 ( ) b) Review access points for compatibility with County road classificelipn. ( 1 ( I c) Complete set of original plans should be submitted for County apWdval/signing. ( 1 ( 1 dl Confirm replication to property owners. Woe 3 of PLAN CHECK PROCEDURES & CHECKLIST FOR IMPROVEMENT PLANS AND ENCROACHMENT PERMITS MAINTENANCE AND OPERATIONS DIVISION DEPARTMENT OF PUBLIC WORKS AND PLANNING Project: Engineer. Done N/A (Init.) B. Permit Issuance Conditions: Completed by: J ( ) a)Board of Supervisors consent for any City R acquisition. ( ) b) Copy of recorded reads for all RSV acquisitions. ( ) c) Board approval needed for new stop sign or signal installation prior to plan approval. ( ) d) Section A.I Te should be accomplished. Comments: ( J ( ) d) Construction Schedule to include time for utility relocation. ( ) ( ) e) Additional Requirements Note: Contractor/Developer should be reminded that two (2) sets of the approved plans should be submitted to the County of Fresno Department of Public Works and Planning, Road Maintenance and Operations Division before any encroachment Permit will be processed. samsao 10107 e:4M0K0NrMFuI¢y.NQ7R) run CN aaocanuRSSAM POs:a ora COU County ot'Fresno O ev6 p DEPARTMENTCOMMUNITY HEALTH F'RES� EDWARD L. MORENOOR-HEA, M.O., lil OFFICER DIRECTOR -HEALTH OFFICER December 14, 20W navm9 Her) 14546 Will ePEiWE City of of Fresno no Development Department Fresno Street Fresno CA 93121 Dear Mr Tacked: PROJECT NUMBER: T 5891 R-0]-029, C -0-3g6, A 07-008, The McCartney Group PROJECT DESCRIPTION AND LOCATION- Proposes a 647lotplanned development subdivision on 130 -acres and associated rezoning located between West Gettysburg and West Ainlan Avenues, and between North Bryan and North Hayes Avenues. LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT. PLEASE LIST SPECIFIC MITIGATION MEASURES THAT YOU WOULD RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS. [) AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. [X[ A NEGATIVE DECLARATION: The project may have adverse Impacts but Impacts can be mitigated tell further study or are not serious enough to warrant an Environmental Impact Report_ [ NEITHER OF THE ABOVE. INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The.rollowing addltlonal Intonni icn should be provided Construction permits for the 647 -lot planned development subdivision should be subject to assurance. of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116 • Construction permits for the 647 lot Planned development subdivision should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be Obtained from the State Department of Health Services, Division of Drinking Water and Environmental Management CDWEM). Formed information air (559)447-3300. Oe0fCafect f0 Community Hea/[h @L FLdon Mall / P.E. Box I IS 57, r'ramo, California 93A5 / tS59) 0is 33ae) FM (559) 445-39d Equal Employment OpportuneARlrmatNe soon - owi Emboyer www frewchumanatint r5 Will Tackett T-5891 The McCaffrey Group Decemberl4,2007 Page 2 of 3 • The Fresno County Department of Community Health is concerned that abandoned water wells are not being properly destroyed, particularly with respect to new development projects. As city boundaries expand community services are provided to areas originally served only by individual domestic and agricultural wells. Improper abandonment of such wells presents a significant risk of contaminating the city's community water supply. For this reason, when development occurs, It is extremely Important to ensure me safe and proper destruction of ell abandoned water wells. Prior to destruction of any existing agnculi wellpt. a sample of the upper most Had in the well column should be sampled for lubricating oil. The presence of oil staining around the well may indicate the use of lubricating oil to maintain the well pump. Should laundering oil be found in the well, the oil should be removed from the well prior to placement of fill material for dependent The 'Oily water" removed from the well must be handled In accordance with federal, state and local government requirements. Transportation of these materials on public roadways may require special permits and licensure. The Department of Community Health is available to provide consultation In cooperation with your city in order to encourage the proper destruction of wells and safeguard our water quality. City staff may contact Ed Yamamoto, Environmental Health Specialist, Water Surveillance Program, at (559) 445-3357 for more information. • Appropriate measures should be mcorporared into the project to minimize potentially equ edam shop term localized noise Impacts to noise sensitive receivers caused by theoperation of construction equipment Construction specifications for the project should require that all construction equipment be maintained according to the manufacturersspecifications, and that noise generating conseuction equipment be equipped with mufflers. In addition. consideration should be given to limiting noise generating construction activities to daytime hours as specified In your municipal code. • The conditions as described in the "Conclusions and Recommendations" section on page nine (9) of the Acoustical Analysis prepared by Brown Bunbn Associates, Inc.. dated June 1, 2007 8 revised on November 8, 2007 should be accepted as mitigation measures for the project. Without these measures the proposed noise sensitive receivers will be subjected to a level of mise In excess of the City of Fresno Noise Element fcanderd3 CommentsoConderres SPi to theRezone • Since specific tenants for this application have not been identified, me WII range of C-1 uses will be considered. The potential adverse impacts could include (but are not limited to) storage of hazardous materials church wastes, storage of read,"[ wastes; and potential noise nuisances. Recommended Conditions of Approval Specific to the Proposed Rezone • Should a retail food establishment be proposed. prior to issuance of building permits, the tenant shall submit complete food f nflity plans and specifications to the Fresno County Department of Community Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at (559) 445-3392 for more informatlon, Wel Tacked T 5891 The McCaffrey Group December 14, 2007 Page 3 of 3 • Prior to operation, prospective tenants may be required to apply for and obtain a license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information. Prospective tenants should be advised that construction and operating permits may be required by Ne State of California, Department of Health Services for wholesale food manufacturing. Contact the staff at the Division of Food and Drug at (559) 445-5323 for more information. • Certain uses allowed may utilize underground storage tanks. If such a use is proposed, then prior to the issuance of building permits, the applicant or future tenants shall submit three (3) sets of complete plans and specifications regarding the Installation of any underground storage tanks to the Fresno County Department of Community Health, Environmental Health Division. Contact the Certified Unified Program Agency, at (559) 445-3271 for more information. • Certain uses allowed may utilize hazardous materials or create hazardous wastes. If a tenant with such uses Is proposed, then prior to occupancy the tenant shall complete and submit either a Hazardous Materials Business Plan or a Business Plan Exemption form to the Fresno County Department of Community Health, Environmental Health Division. Contact the Certified Unified Hazardous Program Agency at (559) 445-3271 for more Information. • All hazardous waste shall be handled in accordance with requirements set food in the California Health and Safety Code, Chapter 6.5. This chapter discusses proper labeling, storage and handling of hazardous wastes. Future tenants may be required to Obtain a Medical Waste Permit form the California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more Information.pmt2 REVIEWED BI— Glenn Allen, EnZh Specialist III (559)445-335] go cc. Ed Yamamoto, Environmental Health Division Tustin me ace mey crisp January 7, 2008 Department of Toxic Substances Control Maureen F. Gotten, oirector afioo Cal center Drive Sacramento, California 95112131 Mr. Will Tacked City of Fresno Planning and Development Department 2600 Fresno Street Fresno, California 93721 EARLY CONSULTATION FOR THE A-01-009; R-01-029, C-0'/-308 & T-5891 PROJECT (SCH #200]121045) Dear Mr. Tacked Ami Lh,e,,nqg,, G,aoni The Department of Toxic Substances Control (DTSC) has reviewed the document described above Nat proposes building residential housing on agricultural land. DTSC recommends that research be conducted to detereninewhether pesticitles were used on the proposed development site. The site should be evaluated to determine if and where storage, mixing, rinsing and disposal of pesticides may have occurred and whether contamination exists. In enhance, although DTSC does not regulate pesticides legally applied to crops, if pesticides have historically been used on the property, we strongly recommend that Nese areas be tested for pretend entally persistent pesticides such as organic pesticides and metals prior to development. The results of any testing should be evaluated to determine if concentrations present in soils will be protective of residents and workers. Please contact me by email at tmiles@dratcul or by telephone at (916) 2553110, If you have any questions. Sincerely Tim Mlles Hazardous Substances Scientist cc: Planning 8 Environmental Analysis Section (PEAS) CEPA Tracking Center 1001 1 Stree122nd Floor P.O. Box 806 Sacramento. California 95812-0806 ® Pnnt,4onnwK�wPa,ar le Mr. Witt Tackett January 7, 2008 Page 2 cc. State Clearinghouse Office of Planning and Research 14001 Pin street. Room 121 Sacramento, Califomia 95814-0613 Mr. Tim Casagrande, Deputy Director Fresno County Community Health Department 1221 Fulton Mall. Third Floor Fresno. California 93]]5 December 11, 2001 Mr. vi ll Tackee One of Fresno PIan nine R Development Department 3600 Fresno Street. Third Fluor Fresno, CA 939'_1 J604 Rin 15r� -tl O➢c. , �� a�102211(c',11 TELLEPHORNE 15591 vai,ar FAA Iasaa9 wrist trial MAPLE AVENUE DEC 14 2007 planrtn501Nalon PIal 8 oavelbament opot GITY OF FRESNO BE V1 INI 5891, A -09-008,R-07.029 and O>-308 North of Annan to Gettysburg Avenue between Hayes and Bryon Avenues Dear Nr Ticket The I'resm Irrigation District (FID) Iraq reviewed the Vesting Tentative Tract Map No. 1891, Common lse Femit t'-01-308. Rezone Application RIA -029 and Plan Amendment Application A-01-008 devel.mmenl cooled Nonh of Aghlan m GeOvgburg Avenue between Hayes and Hrym Avenues which he. no Impact on any at 111)s I'ueillbes. FID appro ers the proposed developntent pith the following condwom. FID do,A act Fit,opery any facilities located on the applicant'ppropelws FID enpeit,, adverse imports rom ts he approval ollhe object proposal. 3. for Int�rmational pmpmes, a private pipeline known as the %dicaton No. 518 traverses the subject properti is hol on die enclosed map_ FID Eii-I ern the developer and/or the derelopo moaper contact fly at theb endlestmmemence todetenNne if this private pipeline ve be abandmed -I. Forilurou nal turnover, a RI pipeline known as mo Gopher Hole Ne., Bel min imrth to Small.m the ns6ide of lo» Avenue a' shown on me Cnckwed mnp. Thunk era for lamed ing this Cr our reviewcleave feel free to contact me with any questions of eoncurnot_C3-1161 euenslon 32101 Ibloana rLYmpurValtri. In cc rSillye bloom onan E�ginmring "[euhniclan lo�..iorum t t �i ry bMVl.11-p"3u.t+C-IuxNpLLX au lQuo FEE Pe@9111*1N? JEFFREY G Bil Fill FIJI IWAI JEEP l tin, o�KA we CENTRAL UNIFIED SCHOOL DISTRICT ; OPERATIONAL SERVICES DN 4605 North Polk Avenue • Fresno California 93722 Phone: (559) 2744700 ext 105 • FAX: (559) 276-5515 Ber[Conberas, drtttor-Operational Services Fatlllaer Tofe[t Manape' EE®e DavlEvn, Wuh fmbvl Mang Km ,rnmpw Wn q,etly 'M January 23, 2008 erMr Fadilac Naming Many City of Fresno Development Depamnent— Planning Division -- 2800 Fresno Street —-1 Fresno, CA 93721 Fax 488-1020 Altn: Will Tackett v. - - p.r; Subject TT 6891 (R -07-29&C-07-308) Central Unified School Disdct has the following condhionsfoomments for the above project(s): Condition of approval: 1. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620, pnor to building perk issuance. 2. Install concrete sidewalks/curbs/gutters on both sides of the interior streets for the proposed project in a manner consistent with the existing subdivisions in Ne area and to City standards. 3. A school bus stop shall be constructed on the west side of Hayes Avenue within the subdivision frontage per attached specifications. Comments: The Proposed project will add approximately 373 K thru le grade students to the Districts average daily attendance. The following chart Wentlfies the breakdown per grade level. gmuradremrmn ✓ram, re.o. swnmngm uue.+un4 so- cw.vaknrcfti. w,e mri v++av�artn ou irwna.rwuvs �SN�A� m� 072-oww)27"xv a.om.,wur, renmwrs...m 'rwpu um.�r:wi=�..rw-r rsmnnaae TT 5891 127/08 Page 2 of 3 Number of lots l units= 547 Grade Level $ of Students Generated K-6 grace students 232 7-8 grade students 61 9-12 grade students 79 TOTAL K-12 grade 373 The District will be caused to accommodate these new students short term at the schools of attendance indicated below. To offset the cost to house Nese students, the District currently levies development fees of $445 per square foot for residential development and $0.42 per square foot for commercial / indusinal development. Bus transportation may be provided to students in accordance with District policies in effect at the tlme of enrollment. Currently, bus transportation is provided for: • K -e grace students residing at least one mile or more from their school of attendance: • 9r"-120 grade students residing at least two miles or more from their school of attendance. The Distnct is an advocate for safe walking routes. Sidewalks will be required along interior neighborhood streets and major exterior streets to provide the necessary identifiable boundary between students and traffic, and provide a safe place for students walking to and from existing school sites and bus stops. The. District acknowledges that per Ne above transportation policies students iram this trap will most likely walk to their respective schools of attendance located at the Educational Center which is adjacent to this proposal at the souMwest corner of Gettysburg and Bryan Avenue. Construction of the Educefional Center has started with the completion of the elementary school phase. Depending on the timeline for construction of the proposed tract 5891, subsequent phases of the educational center will be completed and are described in more detail below. However, until all phases of Ne educational center are completed, the current school of attendance information is provided: • Elementary School Information: School Name: Harvest Elementary Address: 6514 W. Gettysburg Avenue TT 5891 1/23/08 Page 3 of 3 Middle School Information School Name: EI Capitan Middle School Address: 4443 W. Weldon Ave. • High School Information: (a) School Name: Central High School — East Campus Address: 3535 N. Cornelia Ave (b) Currently, Central High School - Waal Campus is a mandatory attendance gn grade school with optional programs for grades 1de The District appreciates the opportunity to comment on above project. Should you haw: questions or need additional information, please contact me at 559-2]44]00 x154 or hcortheras(alcentralusd.k 12.ca.us. Sincerely, Bert Confreres Director, Operational Services ce: David Deal FILE SCHOOL NUS TURNOUT FOR COLLECTOR AND LOCAL STREET BLUR, CHURCH &FLYNN —� CONSULTING ENGINEERS . ,4 of i EXHIBIT L FX////3i7 L CITY OF FRESNO PLANNING ANO DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEueon 05, 2008 VESTING TENTATIVE TRACT MAP No. 5891/l BETWEEN WEST ASXLAN AVENUE AND THE W6TGmoross as AVENUE ALIGNMENT M'o, AmninoH NORTH BRYAN AND SMITH HAYES AVENUES All lentanva maps are subject to the applicable provisions of the State Subd asion Map Act, Fresno MUn Apal Code (FMC), Cry pollcias, and Cry of Fresno Slandard Specifications. The following specific conOkione are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in Me fallowing conditions of approval end are designated by the caption'U item Growth Management Requln menial NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Coda fluidal the imposition of fen, dedication; reservations or emotions for this project are subject to protests by the project applicant at the dme of approval AT conditional approval of Me development or within 90 days than the date of the Imposidon of Ne fees, dedicadons, reservations or evoillons imposed on the development project. GENERAL GONOITIONS 1, Upon con lrbonal approval of Vesting Tentative Trecl Map No. 58g1NGM dated October 30. rVal Me subdivider may prepare a Final Map In amord with Me approved tentative map, and related Rezone Application No. R -07-2g. P. Submit grading plans and a soils report to Me Gay of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1042 and 12-1023 of the Fresno Municlyal Code). Grading plans shall indicate the location of any required walls and Indicate Me proposed width of required lantlscape easements or ships. Approval of the grading plan Is required prior to Final Map approval. 3. At the time of Final Map submittal, Ne subdi shall submit ang rvai construction plans To the City of Fresno Public Woft Public Modoes, aM Planning and Development Departments for grading, Public sanhery samer system, public water system, b lighting system, public streets, antl storm drainage, including other technical HHOTW and engineered plans are nareseary to construct the mitutfed publ'm Improvements and work and applicable. processing ices 4. Engineered mnstmcdon plans shall be approved by Me City prier to no approval V Ne Final Map. If, at the time of Final Map approval, such plans have not been approvetl, the subdivider shall provide pedormance security in en amount established by Me C'dy to guarantee Me completion of plans. 5. Public militias sasemerits, as necessary, shall be shown on the Final Map and dadi=t N the City of Fresno. Public utility mearmertLs beyond Me Ilmtls of Me Final Map, but renamed as a Scrol ign of development, shall be acquired At the subdtvldefs cast and Vesting Tematr aTree Map Na. T-5891MGM Novemberp5, 20011 Page 2 0126 shall be doddered by separate Inshumorm at the I of Final Map approval, no relocation of Mapping utilities necessitated by the required public improvements shall be pald for by the subctvider. The subdivider is responsible to contact me appreprlale Nulty company for Bdormaton. 6. Comply wird Me conditions, policies and standards set forth in the City Of Fresno, MunlCipaf Code, Article 10, Chapter 12, 'Subdivision of Real Property"' Resolution No. 6&187. 'City Policy SAM Respect to Subdivisions:° and City of Fresno Standard Specifications, 2002 Edition, and any Amendments mereto. T. The subdMder and May applicable fees for, but not Ifni to, plan checks for street improvements antl other grading and construction, Most trees, street signs, water and sewer wei and inspections. In acrnrdance with the City of Fresno Master Fee Schedule (City Resolution No. 79 506 and No. 80-420) and any amendments, modifications , or additions thereto; and in accordance with Me requirement. of State law As related to vesting tentative maps. E. The subdivider shall furnish to Me City acceptable security 10 guareMee Ne cont 11on of the off-site street Improvements in accordance with all applicable provisions of Me Fresno Municipal Coca (FMO) aM Ne State Subdivision Map Act. The subdivider shell complete all the public improvements prior N no approval of the Final Map by :he City. If, at the time of Final Map approval, any public improvements have not been completed and accepted In ecwMerce with the standards of the City. Me subdivider may elect M enter into An agreement Win Me Ciry to thereafter guarantee the completion of Me improvements. 9. AS a condIdon of Final Map approval, Me aubdfvider shall fumish to Me City a subdiJlaion guarantee rising all pxrdes having any fight, the or Interest arta the nature At mer interest per State law. 10. Prior to final map approval, Me owner of Me subject property shall execute a "Right to Femhr' Advertent w1M the City of Fresno. Said covenant Is to run with me land antl shall acknowledge AM! agree Mat the subject property Is in or near agricultural Methods Idcate l in Me City and County of Fresno AM Mat Me residents of said properly, should be prepared to accept the Inconve0iern es and discomfort associated with normal fans activities. The -Right to Farm' covenant shall As recorded prior to or concurrent with me recording of he Final Map of Vesting Tentative Tract N0. 5S91NGM. 11. No porton of any lot within this proposed subdlVlsion shall encroach Into, or Alf IopMtl within, me Pacific Gas and ifeoMo Company (PGBE) manurniaslon line easement on Me subject pmpeM. GENERAL INFORMATION 12. Contact the United States Postal Service for Me location Mia type of mailboxes to be Installed in this subdivision. 13. Pursuant to Goodrich 66456.1 of Me Subdivision Map Act, which states Y o fight of Are subdMder to file multiple Final Maps shall not limit the auto rity of to Intal agenry to impose reasonable conditions relating to Me filing M muMple Final Maps," any multiple final made filetl MIM. subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Crucifer 12, Article 10, Subdivision of Real Property. Vesing Tentative Tres Map No. T.5B91NGM November 05, 2000 Page 3 of 26 14. The developarlowner shall obtain any and all penile required for Ma removal or demolition of any existing building or structure located within the subNvision boundaries. The developerlowner shall also obtain any end all permits required for the proper abandorlmenVclasure of any existing water well, septic endorsed) field or Cesspool, erred irrlgatlon pipeline on the subject property. All such permits shall be Obtained poor W commencement of tray grading work, in accordance. with Chapter 13 W the Fresno Municipal Good. a) Pursuant to the Cafifomu Environmental Duality As h is the lead agencxrs esponsibllity to evaluate all resources wmm a project area for possible eligibility to Me California Register of Historical Resources (PRC 21084.1). The Clay of Fresno's 2025 General Plan also circus staff W review all demolition permits (wahin Me City) for resources over 50 years of age for Nair potent th listing on Me local Register of Historical Resources (G-11-C). NOTE: A historic survey was prepared for the subject protan as part of the processing and evaluation of Plan Amendment Appllcamd No. A-07-008. Basad upon MB Information submitted wttllln Me consultants survey report, staff concurs with the consultant's findings; More are no hIMMIC resources for the purposes Of the Confomia Environmental Quality Act. 15, If archaeological and/or animal fosel material is encountered during project survei grading, excover or OOnsbnMi work Shall Stop immediately. 16. If there are suspected human remains, the Fresno County Coroner all be immediately contacted (business fours: (559) 268-0109; attar hours the rented phone number w (559) 488-3111 for the Fresno County Sheriff's Department). If remains or Ml archaeological material is possibly Native American in origin, fie Native American Heritage Commission (phone number (916) 653-4(182) shall be immediately contacted arM the California Archaeological InventorylSouMem San Joaquin Valley Information Center (phone number (805) 8444289) all be comasad 10 obtain a together list of recognized arMaeologists. n. An archaeological runesament shall be conducted for me project, Me she shall be mentally recorded and recommarMetions made to Me City as to any further site Investigation or site evokWncaJpreservation measures. 18. If animal fossils are uncovered the Museum Of Prosontology at the University of California, Berkeley shall be contacted to Obtain a Plant list Of h0ppalzed paleontmogilift An assessment shall be conducted by a paleontologist; d Me pabontologist determines to material W be signif wort, a recomnh ncddmn shall be made to the City as to any further stte mvemigetion or presservai measures. 19. Apportionment of Special Assessment It, as pan of this subdivision, a division will be made of any lot or parcel of land upon which Mere Is M unpaid special assessment looted under any State Or local low, including a tlivision into condominium inferno as defined In Becton ]fi3 of Me Civil Code, the developedowner shall file a written appllcabon with Na City, of Fresno Director of Publk Works. requesting apponionmem of Me unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to app,mon Me asseasmeM the application shall contain Me following Information'. Vestlng Tentative Tract Map No. T-5691/IIGM November 05, 20(A0 Page 4 of 2E a) Afull assumption of Wadi assessed lot pamal 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 armrtlance with applicable law; and c) W matin consent of Ae eYTar(s) of each such lot, parcel, or Interest to me reduesled apportionment. d) The application sheil be feed prior to the approval of the Fast Maps) by me City and shall be accompanied by a fee in an amount specified In the Master Fee Revolution for each separate lot psmel, or Pioneer into which the original assessed lot parcel Or interest is to he divided. The fee shell he In an amount sufficient to pay all carets of the City antl Me Engineer of We* responsible for determining the Initial assessment in making the requested apportionment. LANDSCAPING AND OPEN SPACE 20. Pursuant to Sector 12-10114-3 of the Fresno Municipal Coca end In accordance win Polity W 3.h of the West Area Community Plan, Me subdivider shall provide a minimum 20 -foot were landscaped area (and imijimron system) along the south property line of ell bus with frontage along West garish Avenue (eacepting Outlot -Cr of Ve dong Tentative Tract Map No. 5891NGM, dated October 30, 2008, welch is to be dedicated for private Wood purposes). 21. Pursuant to Section 12 1011 d the Feasible Municipal Code and In accordsrwa with Policy W3C of the Wast Area Community Plan, the subdivider shall provide a minimum 1Sfoot wide landscaped area (and infgetbn system) along the north property line of ell lots with frontage along West Gettysburg Avenue (sweeping OWoI 'CK" of Vesting Tentative Tract Map No. 5891NGM, dated October 30, 2008, such Is to be dedicated for privets street purposes). K. Pursuant to Section 124011-f-3 of Me Fresno Municipal Cade and In accordance with Policy W3C of the West Area Community Pan, the subdivider shad provide a minimum 15 -Mat wide landscaped area (and Irrigation system) along the east property line of all lots with homage along North Hayes Avenue (sueplling Oudot "CK- of Vesting Tentative Tract Map No. 581. dated Cribber W. 2000, which is to be dedicated for private street purposes). 23. Pursuant to Section 12-1011-1-3 of the Plasno Municipal Code and In accordance with Pol'my W -3L of me West Area Community Plan, me Subdivider shall provide a minimum u&foot wide landscaped area (antl Irritation system) along the wast properly line of all lots with frontage along North Bryan Avenue (du epting Option "CM' of Vesting Tentative Tract Map No. 5391/UGM, tlated October X, 21 which is to ee dedicated tar private street purposes). 24. A minimum two to five percent (2 k-5%) of the site (less major street dedications) should consist of common passive/aerve open spaces comprised of pocket peM1s, not lots; Vat%l pedestrian ways, and landscaped areas beyond minimum major street setbacks. Pease) cortldom are strongly encouraged through subdivisions that connect to streets, destination, antl other subdivisions. Vetting Tentative Tract Map No. T -Seel November 05, 2008 Page 5 of 28 a) Major street entryways should contain enhanced landscaping (and Irrigation systems), surface materials, and fendnglwall treatments that respectively improv and center deme a projects visual image and character. I) The Subdivider shall Pravda a minimum 10 -foot Wide landscaped strip on the west property line (local street side property line) M Lot 5 of Vesting Tentative Tract Map No. 58gl/UGM dated October 30.2008. • NOTE: The lantlscsped strip shall spend to the font yard setback of said lot. ill Outbl °A;' K,' 'Al.""'AT' 8 •CJ" w Vesting Tentative Tod Map No. Met lUGM, dated October 30, 2008, which are proposed to be located objacent to me major strew entryways. into the subdivision shall be dedicated for Open Space purposes and shall be landscaped and maintained in accordance with the conditions below or in a manner which provides appropriate security and is deemetl acceptable to both the City of Fresno Planning and Developmenl and Public Works Departments. b) The progcsed subdivislon shat Incorporate aggregated open spaces which we centrally located linked wird lardscapcd pedestrian conneatbns/wakways, and provided for attire recrea dmil Purposes. NOTE'. Generally, the aggregated open spaces shell have a minimum was of 1Q000 square feet, with minimum dimensions of 70 fast by 110 feel. I) The Cevelopemowner shall lavidecape Garcia "F," W;°W," "Aq•'AO,m OAP" "AO; "AF." "AY; `BN' & "85' of Vesting Tentative Tract Map No. T-5901NGM acted October 30, 2008 and manbin said lots in aaorpsce, ash the condkon5 listed below or in a manner which provides appropriate security and Is deemed acceptable to both Me City of Fresno P!wning and Development and Public WOMs Departments. c) Lentlscaped Foramen const urnsN.alkweys shall be provided for all Subtliviaons In Order to link neighborhoods and to provide documents the opportunity to reach destinations, including (but not uimitad to) dolig ncall bus stops, tags, perks (Including mini, neighborhood community, regional cards, ate.). School, shopping centers, other subdivisions, etc. I) The developer/owner If landscape Ordots "A) -B," "K, "BM,' "BP,' "BS.- -BW;' "BV." 13Z "CC," nGW $ -W' of Vesting Tentative Treat Map No. 5891NGM dated October 30, iri and transit Sad lots in accordance with the conditions listed below or in a morrow which provides appoprlte security and is deemed acceptable to both the City, of Fresno Planning antl Development and Public Works Departments. if) Alu proposed landuapetl pedeaman connections or parsecs, eoryways and pathways, shall be improved in accordance who the approved shophespe Improvement plans, which are to de submitted W he Planning and Development Department for review and approval prior to Filial Map approval. • NOTE: Lighting details shall be browbeat with he Submittal of the landsape Improvement plana. Vesting Teplaive Track Map Na. T 5591NGM November 05. 2009 Page 0 of 26 OWlots "BP,' "BS" 8 "OD' of Vesting Tentative Tract Map No. 5881/OGM dated October 30, 2008 are also proposed to Be dedamil for parking purposes. NOTE: Vlsbor parking areas and off-street parking geometics shall be crowded In accordance with Public Works Department standads, specifications, sand wife". d) Provide a minlmum eight -foot wide landscaped arms at the end of all anchor blocks. All mrid-WocK landscape treatments shall be maintained 'm accordance with the conditions listed below or in a partner which movies appropriate Mai and Is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. ff aad e) I-andButter Development Isdemotion Planing 5landarea ofFresno sbr required adjacenttotop all requiretl walls or fences that are accessible to the public aW shall ba malmalned In accordance with the condOo s; listed below. • NOTE: Compliance WIN me City of Fresno "Ant-GralMl landscape Buffer Development and Wanting StandaNs' shall be demonstrated and determined through submittal of the Improvement plans for ell required landscaping and irrigation systems to the Planning and Development Department for review prior to Final Map approval as phounted below. Fl Improvement plans for all required lanishadig and irrigation systems shall be submitted to the central and Development Department for review and approval prior to recordation of the Final Map, Street Tree Bao mens 25. Comply wth all of the requirsmends of the Department of Public Warks memorandums mated December 18, 2001 26. The subdivider Is required to provide sleet trees on all public street frontages per Fresno Munldpal Code and for the dedlimmen of planting and buffer landscape easements. Street Yeas shall be planted at the minimum rate of one free for each BO feet of street frontage by the developer. The subdivider Is required TO provide Imgaticn for all street treea. The irrigation system shall comply with FMC Section 12-301 Water Effil Landscape Standards. Maintenance 21. The long term maintenance of all Me Nems lusted below is the ultimate responsibility of the owner/developer. If the Coun61 or property owner/developer opposes not to Include all of the more or carbon items listed In a Community Facilities Clivi (CFD), the progeny ownerldeveloper shall as responsible for providing a mechanism approved by the Cry of Fresno for maintenance of such Items. a) Mantemance of all landscaping and Irrigation systems as approved by the Public Works Department within the street fight -of -ways (includes parkways and ane -half of median ialands In mala streets), landscape easements, liquid and options associated Vesting Temative Tact Map No. T-6881/UGM November Q6, 21106 Page T of 26 with Me southward. AN outlets shall be dedicated to the City of Fresno for maintenance purposes and any related work required. • NOTE The Department a Public. Works colt not be responsible for Me maintenance of any outlots 'd they are not included Into Me Community Facilites District (CFO). If tae outlets are to be included into Me CFD, the Department of Public Works wAI require Mat Imdscape and Initiation plans be submitted sur landscape butter plans for approval prior to inclusion Yea Me CFD. b) Maintenance of sidewalks and street furniture as approved by Me Public Works Department within the street rii way and the landscape easements. estimated win Me subdivision. c) Maintenance of all landscape and Im9ation systems on sides and in mad'mns, decorative concrete and pleased; included as entry treatments to the tact. d) Maintenance of all Idea l strew cores, gutters and sidewalks, and creation islands as approved by the Public Works Department within Me boundary of the temadve map. a) Maintenance and operating costs of all local most lights as approved by Me Public Works Deportment torrid Me boundary of Me tentative map. If Maintenance of all sheat teas as observed by Me Puma Works Department within the boundary of to tentative map. 28. If the owner/developer chooses to be annexed imp Me Cty6 CFD tot maintenance purposes, Man an Annexation Request Package shell be submitted to Me Publk Works Department for review, processing, and approval. e) Packages must ba complete with all required information In order to be accepted. The Annexation Request Form Is available on-line on the City of Fresno w tooto (Mm://www.frasno.covl under Me Public Works Department Developer Doorway, 29. Construction plans for all features to be maintained by a CFD for a final map shall be included In the final map submission an the Development Department for processing. This shat Include a Street Tree Locilow and Street Tree Species (by street) map. Lentlscaping plans shat contain amuth tee and plant counts by species and Include Me areas in square feet) of tad, shmW and trees, antl sidewalks or ether paved areas within all landscaped areas. W. Proceedings to place the Final Map into a CFD wall not commence until the Flail Map has been annexed Into Me City of Fresno ark Me Forel Map, Landscape and Street Constrvction Plans are considered to be technically correct. 91. If the developeroubdivider elects to petition fit annexation Iib Me City's Community Faciiidee District, he/she shat be required to provide the City of Fresno. Department of Public Works, with ormes of signed acknowledgments tram each purchaser of a lot within Not subdivision, attesting to Me purchaser$ understanding that the lot will have an annual maintenance assessment and that harems Is more of to estimated amount of the assessment. The developer/subdivider small execute and record a coveaint on each lot providing entice that Me subject property is sublect to annual payment of the Community Facilities Cannot assessment. Vesting Tentative Train Map W. T-5391MGM November G5, 2008 Page 8 of 26 32. Should the City Counch or ownerlieveloper choose not p include Na maintenance Rama listed above in a CFD, than the property owner/developer shall create a homeowners' association for the maintenance of these nems and proposed private streets, utilities, and wallsrgates. a) The subdivider shall establish a Home OwnersAssociation to common Me above listed madmemintat respontia lilies pursuant to a formal agreement With the City. The agreement with to City described herein, shell among other things, specify level of effort and frequency, insurance requirements, traffic control, and mains bin and be subject t0 approval by Me Director a Public Works and the City Ahomeys Offew • NOTE: Should Ne ownerldeveloper elect to establish a Hone Owners' Association to perform maintenance obligations and assure that and obligations are met, Men Me ownerldeveloper may include such other items as a deemed appropriate antl necessary for Me sustaimil lM of the subdivision and lis amentias within the responslbllltl06 of the aseoGa n. b) The proposed Declaration W Covenants, Conditions, and liestrobars (CCBRs) and Me imposed instruments for Me homeowners assoaation shall be submitted to Me. Planning and Developmera Depamrrent for review two weeks prior to final map approval. Said documents shall to becalmed with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision Improvements Sold documents anall include assignment of responsibility to to brimeavinsts association for landscaping and other previsions as stated In Me Planning and Development Deportment Guidelines for preparation of CCBRs dated January 11, 1905. PROPERTY DEVELOPMENT STANDARDS 8 ZONING Lot Area and Dimensions 33. Pursuant to Section 12-306-14-21 of Me FMC me Circular of the Planning and Development Department or Me Planning Commission may modify the property development standards of Me underlying zona district it determined that the proposed development conforms to the provisions of the abovemerJioned section. However, in no case shall proposed parcels M leas Nan the Mllowing minimum standards: a) Proposed pts shall be configured antl dimensioned in accordance wiM Vesting Tribe llve Tract Map No. 5a91NGM dated October 30,20M, Building Setbacks 34. Building setbacks shall be provided in accordance with the Conditions of Approval for Conditional Use Fishing Application No. C-07308 dated November 05, 2008 and Exhibd( -K dated Cooper 3q 2006. Fences Nodded& Walls 95. Construct a six-foot high solid masonry well (at finlsi ed grado of proposed site) pursuant to Me wild wall requirements of Section 12-306-H of the Friend Municipal Cade or the rear of Ma required landscaped areas apng Wast sell and West Gettysburg Veering Tentative Tra l Map No. T-5691 NGM November05, 2006 Page 9 of 26 Avenues: and, at the rear of the required landscaped areas along North Bryan and North Heyes Avenues. a) The ex -foot high solid masonry wall he flnisned grade of proposed site) shall be continued at the rear of the required landscaped smps on the loose street side of the broof Vies[ g Tentative pacingsi lots the entry rnd to the Suivision (Austract Nap No.5891MGM case October 30 rP08 line of Lot 5 36. Construct a six-foot high solid masonry well; or, City of Fresno approved equivalent two- ply or douMesided woos fence, (at laughed grade of proposed site) along all property Imes of OuBots, mat are proposed to be dedicated for ParWOpen Specs purposes within Vesting Tentative Tract Map No. T-5891NGM dated October 30, 2008, and which abut adjacent property planned or argued for residential use. NOTE: Dmidefons to this condition are pennihetl in those circumstances where the main entryway into a proposed dwelling uNt faces the abutting properly line, and petlesidan access Is afforded fbrough the With a) Construction plans for required walls spewing archgamural appearance and location of all walls shall be submitted to the Planning and Development DoparVnent for review prior to Final Map approval. City of Fresno approved aquNment wood fences shell be constructed in accordance with the I of Fresnc, Planning and Development Department Fence Detail "F4' • NOTE: The height of the resulted walls (or approved equivalent wood feriae) may be increased to a maximum seven feet along all property fines of Outlets whiHl abut adjacent property planned or zoned for residential use. b) The required six -fact high solid masonry wall (or approved equivalent wood hence) shall be Increased to seven fast in height along to following property linea, which abut adjacent property planned or zoned for reeidenbal use: Lata : Lines: Oudot - I ad seem to Loth Oudot N' t OAlot "WjjgWw t B West I Outlet M. n Outlo["AP h&9oumOudot"AO t B Wast Oudot"AN t&Wast Outlm-Bs alOutletth & West (adjacam to ourlyiggin Outlet "CJ nt adamid to Lob 351 J53 NOTE: The height of said walls or farces W be constructed along me property [Ines of are Oubots as referenced above, shell be reduced to e aximum three feat In height will the front yard wai area of abutting residembil lots. 37. Construct a six-foot high solid masonry wall; or, City of Fresno approved equivalent two- ply or double -sided woad fence, (et finished grade of proposed ere) along the following properly, lines, which are between proposed resibemial lets and mol residential parcels Vesting Tentative Tract step No. T-5HIit1GM November 0s 2008 Page 10 of 26 Net are between one -heft and two acres in sure and developed with at least one dwelling un8: Lot e : Pra unee: 10¢116 SONh, rear 245-248 West rear 414dT) South, rear 481 SoulM1, aide 485 North, sitle fi336634 Each rear M. Const rad a seven -foot high Mild masonry wall (at finished grade of proposed MA) pursuant to the solid well requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required! landscaped ares along Ne Wrest property line of Lot 474 of Vesting Tentative Tract Map No. 5891NGM dated Goober 30, 2008. 39. Construct a sm-foot high said masonry Wall; or, City of Fresrw approved equivalent two- ply or double -sided wood fence, (N finished grade of propovA she) along Nose portions of the Outlot "CM(Private Street/Alley) alley segments which earn the adjacent rural residential parcel, Assessors Parcel Number 512-070-16. 40. Construction plans for ra l lmd wells showing architectural appearance and location of all walls shall LB submihed to the Planning and Development Department for review prior to Final Map approval. 41. All landscaping adjacent to walls or labs shall campy with the Llry of Freano "Anti - Grail landscaped Buffer Development said Plardlrg Standards.' NOTE: Compliance with Me City of peace "An-Garl"i Landscape Buffer Development and Planting Standards shell as demonstrated and determined through submittal of Me imperia l Plans for all required Iandsoaping and Irdgadan systems to Me Planning and Development Department for review prior to Final Map approval as Indicated above. 42. Provide a winner cai area at all entryway transactions, Ware walls or fencers are required, In accordance with Section 12-306 H -&d of the FMC Carrier colohs are e9ablished to provide an unobstructed view for vehicular and pedearesn traffic approaching an Intersection. They are a tdengNar areeformed by the property the end a diagonal line adjoining points on the property lines, measured a specific chance from the point of Mar intersection. At the statistics a of Masts. Nis moderate, B 30 feet. The common chuff area shall be landscaped (Including an migration system), antl may bo Included wenn Me City's Community Fac llfiea Client Zonina 43. Vesting Tentative Tract Map No. T-5801lUGM Is subject he City Council approval of Rezona Application No. R-07-029. SOLID WA ERVICE U. Solid wept dispose) for the euadvisron shall be provided by the City of Fraena. The subdivision will be serviced! as single family residential properties with Basic Container SeNIOe. Vesfr9 Tentative Tract Map No. T Seal Nwember 05, 2008 Page 11 of 26 45. Comply with all of the requirements of the Sthwhed Department of Public Utilbes, Solid Waste Division memorandum dated September to, 2008. PARK FEES 45. The developer/owner shall pay the appropriate park fadlt es fee antllor dedicate lands for parks and recreation purposes pursuant to Ordinates No. 2005-112 and 200113 adopted by the Fresno City Oourr it on September 27, 2005. 47. OuBon -F; 7 - N. W; •AA; •AO; WO; •AO," °AR" A'ES' of VesBng Tortoni Tract Map No. 5891NGM dated October 3Q 2008 shall be dedicated and maintained for open space purposes and may not be developed wife other uses. Pursuant to proposed City policy, these open space areas may be applied as a fee Sharon against the City's Parkland DedicatioMmLieu Fee (Quimby Act) ani Park Facilities Fee, as appropriate. FIRE SERVICE The project Is within tree miles of temporary Fire Station No. 16 and permanent Fre Staffers 1s, 48. The project' a subject to city wide fire service fees. 49. Access Is not acceptable: Dead end streets shall not exceed 450 feet without providing a second paint of access. a) Lots 1 108-123, 331. 334 of Vestng Tentative Tract Map No. 5891A1GM, dated October 30, 2008, are all over 450 feet from a single point of probes. These lots will react a Second pant of access or shall be sMimed with fire sprinkler systems. I) Lots requires fire sprinklers steal have a covenant agreement Had per lot stating to fire sprinklers are a condition a the Veq; or, it) unwed details for amargency access In lieu of fire sprinklers. NOTE: Gates, posts, or other barriers subtile to me Fire Department are required to be installed at the entrance to an emergency access only roadway. NOTE: The entrance to all emermancy accesses shall be posted wit permanent signs: 'FIRE ACCESS" (In shelnch leftism), "VEHICLES REMOVED AT OWNER'S EXPENSE' (in two-inch letters), 'FRESNO POLICE DEPARTMENT 6212300 (In one -inch letters. • NOTE: Emergency accessas ere required to he dedicated fire protection easements. 50. All private streets and driveways that are provided for emergency access for Fire Department use Shall be censtructed to a minimum unobstructed width of 20 feat. Vesting Temative Trx1 Map No. T -5691A GM Nwember05,2008 Page 12 of 26 a) No pervirg is allowed in to alleys. Alleys Shell meet Public WOMB Standard API -9 with a reduced win radius as shown in the Standard, b) The 32 -foot wide orders proposed for utilization in the tan are subject to further. avow and comment Per Standard API -2A. NOTE: Upon further review the sfradts may be approved as shown or some areae may need to be identietl as fire lands. 51, Phasing of me project will required adtlQlonal review for access and hydrants. 52. Provide residential hydrants and fire flows per Public Works Standards wird W sources deeper. a) Coordinate street hydrant Iombons Mh the Dopar ent of Publ'p Warks. W. Comply with all of me requiramants of Me attached Fresno Fire Departrnent memorandum dated September 18; 2008. STREETS AND RIC RMS-CEWAy St. The Subdivider shall furnish to me City acceptable Security to guarantee the conduction of the Of street improvements in accordance with all applicable provisions of fhe FMC and Ne proud Subdivision Map Act. 55. Provido curb amps at all comers wrtnin the Units of this subdiviston. 56. Any tampoary dead-end streets created by Nis subdivision shall be properly barricaded In accordance with Public Works Standard P4 .. 57. Local street lengths exceeding add feet and four way icte oections call traffic calming 58, Local streets shall be designed with a minimum 250foot fuming radius. 59. Underground all crusting off-site overhead Wlities and prospected! Way systems withm fie limits of this map In accordance with FMC Soctiohs 12-1011 and Resolution No. 78- 52VS8-229, eo. The fclbwing Shell be submitted, So applicable, in a single package to the Planning and Development Department for review and approval: a) Signing and striping plans (per current California DeparlmaM of Transportation standards)', b7 Sudan Construction Plana; of Traffic Signal, Streetlight, antl Tail Lighting plans; and, d) Landscape and irrigation plans finedlan Island and street reds within all parkways). Vesting Torrents Tract Map No. T bell November 05, 2MA Page 130f 26 • NOTE: The Developer Is responsible to relocate all obstructions (e.g., poles, fencing, mailboxes, ata) and make adjustments as necessary, within the area of consmiction. fit. If the subdivider seeks to dockets to the City, in fee, an outlet for open space purposes, the subdivider shall pay all costs and fees associated with the City environmentally assessing Me outlot to insure Nat R is free of roup or hazardous materials pursuant to the requirements of City Adminismarve Order &1, Irwluding, but not limited to, performing a Phase I environmental assessment. The environmental asaessment shall be completed and all fees and costs for seed envlrommental assessment shell be paid to Me"! prior to subdivil submittal of the Final Map for City approval. 82. It not abandoned, the developer shall enter Into an agreement with me owner of me private Irrigation canal providing for piping the carol and submit an executed copy of the agreement or commitment letter from the owner of the private canal to the Planning and Development Department. NOTE: The proposed easement shall be identified and a final cross-sectional detail provided on the map. a) All piping shell be located outside of The proposed sweet right of -way. bj Any piping across City streets shall be rubber illi TO reinforced concrete pipe (RGRCP) constructed perpendil la to be street. of Submit engineered plans to the Public Woks Department, Engineering Division for have and approval. 63. Comply with all of the requirements of the Public Works Department Engineering Division memorandum dated September 17, 2008 (except m may be maefietl herein with respect to street names, outlots, and technical information revised on the map subsequent to the date of saitl memorandum). NOTE: The timing of Improvements may W based upon phasing of fie Proposed project pursuant to a determination by the Traffic Engineering Manager. Attached is a copy of an approved exnlbt, dated Aitgust 15, 2008, which identifies Ne potential deal of improvements. The phasing of improvements may be subject to change by to Traffic Engineering Manager if determined appropriate or necessary for public heehh antl safety purposes. MAIOe STREETS ISI•L11L`E.*.ELRLitZ�cR•]I[TBIDH 6a. Dedicate aTSS feel of property, from center line, for public street parposes within Me limits of this subdivision to meet Me currant City of Fresno Collector Standards. a) With up with approved plans from I Church and Flynn. (A t) -foot offset from secdon line was Used.) 0. Construct concrete curb, permit antl aldawalk to Public Woks Standard P-5. The curb stall be constructed to a 10.loct residential pattern. Construct 2 six-foot resldentlal Vaeting Tentative Tran Med No. T-5691NGM November 05. 2008 Page 14 of 26 sidewalk par Exhibit "D." A two -fent pedestrian easement is required Merrill on the map. 66. Dedicate a 15-f0m (minimum) easement for landscape and pedaelrlan purposes only to accommodate L planned bkryde and pedestrian trail for this cement of North Bryan Avenue. The dedicatee easement and right -0l -way shall provide for an offs foot planter, eight -foot sidewalk, and 9 feet of landscaping. a) The Gicycte porion of the trail shall be accommodated within the street Ethic and sign is City standards. 67. Constmot an s0 -foot bus bey curb and gutter at the nohheast corner of the Intersection of North Bryan and West Ashlar Avenues to Public Works Standard P-73, complete with a 10 feet monolithic sitlewalk. 68. Construct 20 feet of permanent paving (measured from tam of mrb) will Me limits of this subdivision. 69. Construct an underground! street Iighfing system to Public Works Standard E-1 wait the limits of MIs subdWision. Spacing and design Shall conform to Public Works Standard E -B for Collector Streets. 70. Relinquish direct vehicular access rights to North Bryan Avenue than all lots; excluding outlets to be used for ingress/egress pury0ses, within Mia Subdivision. West GaMeduro Avenue (Collector)' 71. Obtain and encourage 47-55 feet of propend on the south side and 17 feet of property on Me north side, from abo0on line, for public great purposes within Me limits of Mie subdivision to meat one anent City of Finger Collector Standards. Ni Official Plan Line (OPL) No. 111 Is not applicable per the City Engineer. 72. Construct concrete curb, queer and sidewalk to Public Works Standard P-5. The am Shall be anatinudi to a 10400t residential perform. Construct an 8-fmt residential sidewalk per Condition No. 68 Below to meet Me West Gettysburg Avenue grail requirement. A15-footlandscapeand Pede han Fasementisraquired. Iderefyonthe map. 73. Deducd a 15 foot (minimum) easement for landecam and pedestrian purposes only to accommodate the planned bicycle and pedestrian rail for this portion of North Brien Avenue. Tie dedicated easement and right-of-way snail proved for an eight -loot planter, elght-1mt sidewalk, and 9 feet of landscaping. a) The birycle portion of the trail shell be ecmnmWetad within the sweet Stripe and sign to City standards: 74. Construct an 611 -foot bus bay curb and gutter at the southeast corner of to Intersection of West Gettysburg and North Bryan Avenues to Public Works Standard P-73, complete vrM a 1 O4fmt monolithic sidewalk. Vesting Tentative Tract an N0. T-Sshi November 05, 2000 Page 15 of 26 75. Construct 20 feet of pram anent pavement on the si side (m ketured from gin of curb) and 17 feet of pemldneM paving on fire north side, within the limns Of fie suWlvLaloa. 78. Cerebral an underground street lighting system to Public Works Standard E-1 Affair the imps of this subpivisfon. Spacing and design shell conform to Public Works Standard E-0 for Collector Streets. A. Relinquish direct vehicular access rights to West Gettysburg Avenue from all lots; excluding outlets to W used for ingresalegrees pugWees, within this subdivision. 78. Dedicate a pedestrian statement over that Which Of Cal T of Voting Tentative Trail Map Si, dated October 30, 2008, which a located within me PG&E Tramarmsbon Line Easement, and construct a sidewalk around the exiting electrical tower located within We All Gettysburg Avenue alignment North Haves Avenue (Collected: 79. Dedicate 47-55 feet of properly, from account 8ne, for public street purposes within me Units of this subdivision to meet the current City of Fresno Collector Standards. 80. Construct concrete curb, gutter and sidewalk to Pul Works Standard P.S. The curb shall be constructed to a 10 -foot rencrandal pattern Construct a six-foot residential ddewahk per Exhibit -W A two -fool pedestrian easement is required. Identify on to map, 81. Construct an 80 -foot baa bay curb and gutter at the southwest comer of the Interaction Of North Hayes and West Gettysburg Avenues to Public Works Standand P-73, complete within a l Voot moaofeMe sidewalk. 82. Construct 20 feet of permanent paving (measured fromface of cul whin the limiter of this subdivision. 83. Grave l an underground treat Ighl system to Public Works Standard E-1 within the limits of this subdMsion. Spacing and design shall conform to Public Works Standard E 8 for collector Sheets. 84. Relinquish direct vehicular amen rights to Norm Hayes Avenue from all lots: excluding oudots to be used for IngresNegress purposes, within the su division. Wast Ashlan Avenue (Ahedall: W. Dedicate 5557 feet of property, from center Ilne, for public abet purposes within the limits of this subdivision to meet the current City of Fresno Adedal Standards. a) Match up with approved plane from lush, Church and Flynn. 06. Constmt sensate curb, gofer and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10 -foot residential patlem. Construct a six-foot residential sidewalk per Ecr ibit'D." A two -tact pedestrian easement Is required Identffy on the map. Vowing Tentative Tract Map No. T5B91NGM November OS NICB Page 16 of 26 e7. Construct 20 feet of permanent paving (measured from face of curb) within the limits of this sub l3lnn. 08construct an underground street lighting system to Public Works Standard E I wiNin the limits of the subdivision, Spicing and design shrill conform to Public Works Standard E-0 for Arterial Streets. 89. Relinquish direct vehicular access rights to West Ashlan Avenue from all lots; excluding "lots to be used for Ingrewoogreas purposes, within this subdivision. INTERIOR LOCAL STREETS (PflNATE) 90. In accordance with VesNing Tentative Tract Map No. 5091MGM deal October 30, 2008, relinquish vehicular access rights to Culibt TW (Private Street) from Me sheet side property ME of Na following residential kes within this subdivision, which abut sold privablearaet I Pro U - Strcac Name : M269 453466 North Park fioulevard 28-37, 4rM 406, 439.466 Still East I Artisan Paftoof 249-259 555-564 SomhI Park Boulavard 18-9.4fi]. 521-52959]-60] Went Artisan Perkwa 91. Design and construct Me fallowing proposed streets to local collector standards: GreanFleld Drive, Park Boulevard, live Oak Avenue, Anisen Parkway, and the alley adjacent to Lot 409 of Veering Tantatri Tract Map No. 5891MGM, dated October 3q 2008. a) The proposed street design shall be approved by the Public Works Department 92. Construct sidewalks on both sides of Me proposed pr'"W streets in accordance wird the 2025 Fresno General Plan. Sidewalks are to meet current ADA standards- Contest the Building and Safety Services Division for further Inforrnadon. 93. Maintain minimum clearances as directed by the Fire and Solid Wase Departments. INTERIOR AL1tl5(PRNATE) 94. Alleys shall be comunded Par Public Works Standard Al SPECIFE MTOATON REQUIREMENTS 95. Comply with all of the mirgation measure requirements of Me Traffic Engineering Manager as out lned within the attractetl memorandum dated March 11, 2008. NOTE The timing of Improvements may ba based upon pissing of the proposed project pursuant to a determination by the Traffic Engineering Manager. Attached is a copy of an approved exhibit, dated August 15, 2008, which IdentiSes the potential phasing N improvements. The phasing of improvements may he subject to Obange by the Traffic Englneadng Manager 9 determined appropnate or necessary for public health and safety purposes. VeNng Tentafve Tact Map No, T 5691NGM Novam0u 05, 2006 Page 17 of 26 98. The intersection of West Ashlan Avenue and the or"hil mile point east of North Bryan Avenue shall be devil such that the median Island will allow for westbound to eastbound c-tums. 97. The intersection of West A l and the proposed Arisen Parkway shall be deslgn U with a full median opening to allow for left turns in and leg turns out. The intersection may need to be signalized upon further review of the More entUament for the commercial planned portion of the subject property. M. The Srst order of work Whei 'Include a minimum two points of vehicular access to the Major streets for any phase of this development. 99. Backing onto a major sorest is Prohibited. a) IdentM the proposed ingress/egrass locations for all buildings to amain on the following APN(s): I) North Bryan Avenue: 512-070.16, W.4] if) Noah Heyes Averue:311-05000, 311-0]040,11, 20, 21, 26, 29, 32, 44, M & 53 Ili) West Ashlan Avenue'. 311-07027,40,43&49 b) Gonstro n circler or hammerhead driveways, where not onhfing and cdnswd concrete pMeway approaches to Pubfc Works Standards P-1 and P-4. 100. Relinquish vehicular access rights to the proposed outlot adjacent to LOU 1 of VOSWN Tentative Tact Map No. 5891MGM dated Gdober 30, 2008. lot Remove the shodual secgan from the tentative map antl provide on to grace conatNctlon plans for review and approval. 102. The commercial planned portion of this map (i.e., Lots 64&652 of Vesting Temaflva Tract Map No. 5091 A1GM dated Coal MI 2003) shall require a site plan / conditional ose permit, wgh petaled plans and potentially a TIS or site access evaluation to datermine additional head mitigation measures and conditions of approval. 103. The 49degrae tars -wary parking which is dawn slag Adisan Parkway would require a minimum of 62 feet from Up of rarto tip Of Me. Widths very based upon fie angle. 11#. The supposed proien shall make full improvements Including a walkadle path across remainder lots or lots that create a bottleneck (even if not included "Mh this map) as a result of this. trait map along project frontage or connecting prat frontage on West Ashton and Gettysburg Avenues; add, North Bryan and North Hayes Avenues. 105. The proposed capped shall provide a pedestrian sidewalk access to the nearby Cental United Schpols from all outlets of this torn on North Bryan and North Hayes Avenues) and West Gettysburg and West Ashlars Avenues. a) The roadways shall also be built to accommodate bike teres even though they may not the showed to be installed (Striped and signed) unpl theopposlte side of the street in the County has a Was lane rotation. Vefling Tentative Trim Map No. T SBBINGM November 05, 2009 Page t6 V.26 TRAFFIC SIGNAL MR4AP ON IMPACT(TSMI) FEE 106. This project shall pay the current TSMI Fee at the bme of beating perrng beaed on the En generation rate(S) es set to" in Ne latest scidon of to RE Generation Manual for single family units (fee rate as shown in the Master Fee Schedule). 107. The project shall Ireall all -way stop signs at me intersection of North Bryan end West Ashlan Avenues. The pulled shall provide Safety fighting on the normeasl and northwest Comers for a future signal. 1W. The following intersections snap be signalized to the City of Fresno Standards, complete with left turn phasing, actuation, antl signal pre-argirm. This works is eligible for relmbursement andfor credit against Traffic Signal Mitigation Impact Fees: a) North Hayes wi West Ashlan Avenues. b) North Hayes end Was Gettysburg Avenues. G) North Bryan and West Gettysburg Avenues. M West Ashlan and North Polk Avenues. a) North Bryan and Park Boulevard (not Ni tions le) h West Ashlen and proposed Artisan Parkway (pending termer review and approval of a detailed commercial CUP/SPR, not reimbursable). FREBRO MAIOR STREET IMPACT(FMSI) FEE 10i This map IS in the New Growth Area, therefore pay W1 applicable growth SIGNS fees antl City -W Ide Regional Street Impart Fees. FRESNO MAJOn STREET IMPACT (FMSI) REQUIREMENTS When construction occurs adjacent to the County of Fresno, comply win He Standard County Conditions of Approval (Attachment "A'). Addbbnsl right-cf-way may be required for driving Sight denanceg bike lanes, etc. North &van Avenue Collector) 110. Dedicate and construct (four) 12-forn travel lanes with 5 -bot shoulders antl a 12 -foot center twodway left tun•n lane will the limits of thls subdivision and conbnue north to Wast Shaw Avenue. Stdpe 250 -fool Teff tum pockets at alt major Intersections. Dedication shall hesufficient to accommodate addral paving and any other grading or transitions as necessary based on a 45 MPH design speed. Wast Ge Nsbum Avenue (Consul 111. Detllcffie And construct (Iwo)12-foot eastbound travel lanes with a 5-fom shoolder, (one) 12 -bot washboard travel lane wait a 5 -bot shoulder and a 12 -foot oerder two-way fen tum lane within me limits of this subdivision. Stripe 2564oct lett tum pockets at all major intersections. Oedlratum shall be Sufficient to accommodate additional paving and lady other grading or rcarlsitlons as necessary based on a 65 MPH design speetl. North Haven Avenue (Coeeclor): 112. Dedicate and coiauuct (four) 12 -foot gavel lanes with &bot shoulders and a 12 -foot center novel 101 tum lane within the limits of this subdivision. SVIp9250-foctlefttum p Vesting Tentative Tred Map No. T 581 November 05, 2008 Page 19 of 26 Pool. at all major intersections. Dedication shall be suMciant to accommodate Additional paving and any other gracing or transitions As necessary based On a 0.5 MPH design speed. 113. Dedicate and construe (two) 12400t northbound travel lanes with a 5 feet shoulder antl (one) 12 -foot southbound fiscal lane wish a 5 -foot shoulder Men West Shaw Avenue to Wad Gettysburg Avenue. Dedication shall be sufficient to accommodate additional paving and any Whet grading or hanaidmw as necessary based on a 65 MPH design speed. West Ashlan Avenue IAner'aY 114. Dedicate and conatmct (two)12-foot eastbound travel lanes with a 5 -IOM shoulder, (two) 12 -foal westbound travel lanes each a 5 -foot shoulder and a raised concrete median island within the limits Of this subdivetion. Construct a raised concrete madden with 25P foot left turn pockets at all major intersections. Detals M said wheel shall be depicted on Me approved tentative VaM Vad map. Dedication shall be sufficient to aceommodete ertenal standards antl any other grading or transitions As necessary, based on a st MPH design speed. 115. At a minimum the pri shall construct Weal Austrian Avenue with a 16 -foot raised concrete moment and a stralBM 12 -toot travel lane war 5 -foot shoulders in each direction to canned Veterans Boulevard-Grarnland Avenue to Cornelia Avenue. a) This centlidon shall on implemented from Veteran's Boudeverd to North Bryan Avenue and from North Hav rs Avenue to North Comelia Avenue. • NOTE- While there will be additional conditions on Wad Ashom Avenue this conc loom a imported to provide one CM standard arterial lane on West Ashlan Avenue without thirty poles In the way. 116. Where not existing, dedicate suXider¢ right -M -way and construct additional paving for sastbourM to ambient and westbound to eastbpual U-turns a all major inteaecdons teem North Bryan Avenue to Some Rome 991n accordance with Public Works School P-93. STATE OF CAUPOPNIA DEPARTMENT OF TaONSPORTATON (CRLTioawl FEES: 117. Applicant shall pay fair share cantonment as determined by the Slate of California Department of Transportation (Centra) to its collected by the City of Frame Public Works Department, Traffic Engineering Section prior to a Final Map. NOTE: The Caltrans later Is included and fees are required to be pad to mitigate far share impacts to Ne identified slate transportation facilities. Please contact Cacrans District 8, Joanne Sheitach at (559) 0 ,Qut? regarding the fair share calculations. Verify Me exam amount due to map revisions, Vaal TaRative Tran Map Ni T5881NGM November 05, 2009 Page of 26 SANITARY SEWER SERVICE The nearest sanitary server main to serve the proposed project are a 15 -inch mein located in Wee Gatrysburg AvbmLe and an 8 -inch main located In NOM Bryan Avenue.. The following sewer improvements shall be required prior to providing City sewer sai to the project 110. Gonstir 10 -inch and 15-incn sanitary sewer mans In West Asblan Avenue between North Bryan and North Hayes Avenues. 119. Construct an &Inch sanflary sewer main In NOM Hayes Avenue from West Aahlan Avenue north approximately 1,000 linear test. 120. Sanitary sewer mains shall be extended within the propesed trail to provide all serviceis each lo! created. 121. Separate sewer house branches shall be required for each lot mixed. 122. Abandon all existing on-site private sewer septic systems on accordance with Department of Public Works standards specifications, and policies. 123. All public sewer facilite6 shall be constructed in accordance who Department of Public Works standards, specifications, and policies. 124. All underground street ufllhle i shall be malallad prior to permanent street paving. 125. Sreef easements sniper deeds shall de recorded prior to approval of Improvement plans. 126. Engineered improvement plans prepared to City Standards by a Registered CMI Engineer are required for proposed sections to the sanitary sewer system. 127. A Prellminary sewer design layout shell be prepared by the Devereper's Engineer and submitted to to Department of Public Ubtiges for review and conceptual approvals poor to submitral or acceptance of the developer's final map and engineered plan 8 profile improvement drawing for City review. 128. Comply with all of the requirements of the attached Public Utilities Department, Planning and Engineering Division memorandum dated January 02, 2000. SMIRARV SEWED FEE6 129. The following Sewer Connection Charges are due and shall be paid for fie Project: a) Lateral Sewer Charge b) Overs¢e Sewer Charge o) Oversize Sewer Arae: Y39 d) trunk Sewer Area: GraMlend e) sewer Eaciibescharge(lihox ntlal Only) Vesting Tentative Tract Map Na. TSil VUGM November 93.20M Page 21 of 26 WATER SERVICE The to lowing conditions are required to provide water service to Me uI 130. Construct a 14-Inch haremisspn grid water main (Including installation of City fire hydrants) In Wast Gettysbuq Avenue from North Hayes Avenue west to North Bryan Avenue. t 31. Construct a water supply well(s)'on a sbe(s) dedicated to the City of Fresao. The wells) shall be capable of producing a total of 2,000 gallons per minute. Well sites shat be of a size and at a Ideation acceptable to Me Water Systems Manager. The cost of acquldng the well drops) and construcliod of the wellan shall be reimbursed Man Me UGM Water Supply Well Service Area Fund 301st, in acmNance with established UGM policies. 132. Water well construction shall Include wellhead treatment frodees, it required The cost for constructing wellhead treatment mi shall be reimbursed from UGM Wellhead Treatment Service Area Fund 3016, in Secondaries with established UGM pollees. 133. No Occupancies will be permitted pi to the saaatactian of the water supply requirement. 134. Develop and implement mitigation measures to offset groundwater pumping equivalent to Me traces annual water demand at buildout plus 1551, These angel measures nclude the use of FID Named water for Imgation, installation of low flow fUYures, the use of artificial lawns Ica landscape, and Me use of evapotranspiration controllers. The mitigation measures shall be subject to prior approval by Me Water Systems Manager. 198. The development shall design appropriate infrastructure to fadllogre water consumption at a rate of 243 gallonsrpwrsonlday. I W. Separate water services with meter boxes shall be provided for each lot created. 137. Two independent sources of wafer, meeting Federal and State Drinking Water Act Standards, are required to serve Me Iraq Including any subsequent phases thereof. The two-source requirement may be accomplished through a combination of water main extensions, construction of supply wells, or Other acdeptate sources of water supply approved by Me Water Systems Manager. 138. All public vaster facilities shall be constructed in accordance win Public Wodre Department standards, specifications and policies. 139. Seal and abandon forcing on-she wells) In compliance with the State of Caffmnla Well Standards, Bulletin 74-90 or current revisions issued by Me California Department of Water Resources and City of Fresno standards, 140. All proposed water main is ants shall be clear and unobstructed by buildings or other structures. No fencing or wall shell either enclose or be created above Me water main. The planting plan for any proposed landscape within are easements shall be approved by the Department of Public Utiftes. No trees shall be located within 8 feet Of Me water main. All water malas within an easement shall be clearly marked with signage. above Indicating the exact location and type of facility below. Vaslmg Tentative Tract Map No. T-WIPUGM November 05. 2008 Page 22 of 26 tot Cartel a reclaimed water system In publlo rigntsof-way to mill future tertiary treated wastd. weler for landscape migration purposes. Design at the reatalmad water mains art be subject to approval by Me Assistant Director of Public UtilWes. 142. Comply With all of the requirements of the Department of Public UUMFor, Water Division memorandum &led October 13. 2008, except as may be mantled above or in agreement with the Water Systems Manager. URBAN GROWTHMANAGEMENTREOUIRMENTB(GFJME ) 143. The s ordarder of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees Imposed under Me Urban Grearm Management process (with appropriate Credit given for the installation of required UGM Improvements) In accordance with the requirements of Stats Les as related to tentative treat maps. 144. The deveioper will be responsible for Me aapuisition of any necessary nghtof Way to cons mot any of the required improvements. 146. Rights -al -way acyuishion smell include any rghta-of-way necessary for proper draini Signing, pole reloaatioq and shoulder grading. In general, this will require dgM-qt-way to Ee provided approximately 10 fast outside Me Cover. lane. The exact requirement most be detemnmed at the project design stage based on Me Sal conditions and derailed design information. 148. In Me event an acquinton of any easement or rlgMt06way, Is necessitated by the subject development, said Separation will be accumulated prior to Final Map approval. The deve'rrper/owner should corlact gra Rea Estate Section of the Public Works Department to receive procedural guidance in such Tabulations. 14T. Should such acquistron not be accomplished by Me subdivider prior 1c FNa Map approval, Me Subdivider must raques and gram to the City Me full authority to attempt acquisition ailher through negotiation or Mmugh 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 N quart for an Originated apple Sal amount (to be tletemtined by Me City of Frasno Real Estate Section) prior to Preparation of a Subdivision Agreement. 148. The subdivider Shall submit adequate security in Me form of a Cash deposit to guarantee Payment of all costa aosadated with the acquisition, Including stag far attomay's fess, appeal fees, coud basis, and all related expanoiNme and costs necessary to effect the acquisition of such easements or dghtsaf-way. FLOOD 001,11181 AND DRAINAGE 149. The subdivider shall be required to Comply with the specific requirements imposed by the Fresno Metropolitan Flood Control Distiict (Iii for Me subdivision or any amendments or modifications to More requirements which may be granted by the FMFCD Raard of Directors, Canadian to Section 13.1307 of The Fresno Municipal Code. These requirements are identified In the Damara letters to Me Planning and Development Department dated May 29. 2008. Vilong.tentative Trad Map No, T5691NGM November 0.5, 21008 ' Page 23 of 26 150. Any temporary basin constructed for or used by this subbivoon requires approval of FMFCD and the City of Fresno, and may only be implemented through a covenarrt between me City and the Developer prior to final map approved. Temporary basins shall be fenced within seven days of Me time a basin becomes opera5oral, and fencing shall conform to City of Fresno Public W mks Standard No, P-45. The Fresno Moscow and Abatement Menem shall be provided access rights and a means of entry for inspection and mosquito movement achvnies for all on -sue basins (refer to attached map of mosquito abatement distnats in Ne Fresno -Clovis Metropolitan Araaj. Attached hereto, and Incorporated by reference, Is a copy of the updatad Public Works Standard No. P-62 for temporary onsae ponding basins, and a copy of to City of Fresno s Guidelines for Pending Basin / Pond Construction and Management, dated October 29, 2004. Maintenance of temporary Pending basins shall be by Ne Subdivider until permanent service for the entire subdivision is provided RAN JOAQUIN VAI-EYAR POLLUTION CONTROL DISTRICT 151. The subdivider shell comply with Regulated VIII of the San Joaquin Valley Air Quality Pollution Control Dinner for the control of particulate matter and fugbve dust during construction of this project. 152. The developer shall comply with Rule 6050 of the San Joaquin Valley Air Pollution Control District for the control of fugitivedust requirements from paved and unpaved roads. 153. An Air Impact Assessment (AIA) application for the proposed project shall have been submsend to to San Joaquin Valley Ar Pollution Control DRViut prior to the submittalnutioutance of any phase of Oe Final Map for recortlattonlpracessing. STATE OF CAL FORN A DEPARTMENT OF TRANSPORTAT ON ICALTRANSI 154. Atlache l for Ne tleveloperlsubdlviders records. and consideration is the Slate Department of Transportation (Gribria ) memorandum used April 04, 2006. NOTE The Carbide letter is included and fees are requited to be paid to mitigate for share Impacts to the Identified state transportation facillfies. Please contact Caltrans Distrn 6, Joanne Sfreibech at 1659) 496-0347 regarding the fair share mkllations. Verly the award amount due m map revisions. COUNTY OF FRESNO ROAD MANTENANCE AND OPERATIONS The following c tmiitione are required of development project plans for connection or adjacent to County areas where slated for annexation into incorporated birds: 155. The developer/subdlvlber shall comply with at of the requirements M the towards memorandum to camatufame, developers antl engineers from the County of Fresno Department of Public Works and Planting, Road Maintenance & Cperatrors Division pertaining to Developments Proposed in County Areas & Proposed for Annexation add dated November 19, 2007. Vesting Tentative T2q Map No. T-ssgn NGM Novemtiar 05. 2008 Page 24 of 26 COUNTY OF FRESNO DEPARTMENT OF OOMMUNITV HEALTH 155. Attached for the devefoperlsubdlvders records and consideration is the County. of Fresno Department of Community Heard memorandum dated December 14, 200). 157. The eevelopadsub1vider shall comply with all of Me requirements of the attached Pacific Gas and Electric Company memorandum hated December 12, 2007. 155. Affected for Me dowsopereathdivder's records and consideration M the Fresno migegon District (RD) memorandum dated December 11, 2007. CENTRAL UNIFIED SCHOOL DISTRICT 159. The developer/subdivider shall comply with all of the requirements of Me attached Coming Unified School Clotted memorandum dated January 23, 2000. NOTE: Central Unfired School D ennot hoe requiree Met a school bus stop shall be constructed on the west side of North Hayes Avenue again the subdivision montage per the soinsf carton soared to Its memorandum as referenced above. The project is subjecti following fees and Margins SEWER CONNECTION CHARGES FEERATE 1. lateral Sewer Chargee $0.10lsq. ft. (to 100' depmf 2. Oversize Charger` $0.oSim. N. (to 1 Wingate) 3. Trunk Sewer Chargee Sarvica Area: Germano Rasidendal $4l Sillving unit Commercial S.T.E.P.a 4. Wastewater Facilites Chargef ResioenEal $2,119111y1ng unit Commercial S.T.E.Pa 5. House Branch Sewer Chargee WA WATER CONNECTION CHARGES FEE RATE 5. Service Connection Charge Fee banned on servicenn and Mi e¢es specified by owner; fee for sennce(s) and Metega) Vesting TanRflve Tract Map No. Ti lNGM November 05, 2008 Page 25 of 28 established by me Master Fee Schedule ). Frontage Chargee $6.5011neal foot 0. Transmission Grid Main Chargee $84$Igrosa acre (parcels 5 gross Acres or mare) 9. Transmission Grid Mein Sontl $243/gross acre (parcels 5 gross Debt Service Chargee acres or more) 10. UGM Water Supply Feet Service Area: 301s Residential $50MMng unit Commercial $5089iving unit equivalent' 11. Wall Head Treatment Fear Servos Area: 301 Residential $221/Wing unit Commercial $221/living Una equivalent - 12. Recharge Faer Samoa Area: 301 Residential So cofiving unit Commercial movnvirg Una aqulvill 13. 1994 Bond Debt Ser acee Service Arai 301 Residential $6WNing unit Commercial $60lliving unit equivalenP CITYWIDE DEVELOPMENT IMPACT FEES 14. Fire Facilities Impact Fee - Citywidet Residerilial LowlMedium $5tiMieng unit Residential Madlum-HlghlHigb $4394iNng unit Commercial Retail $230/1,000 sq. fl. T 15. Perk Facility Impact Fee -Cit"det Residential Low/Medium $$27Blavirg Una Residential Metlium-Hi9fNllgh $1,05&living Una 16, Quimby Parkland Dedication Feet/ Residential Lowlvii $1,120living Una Residential Medlum-HghMigh $911/living Una Ali Tennove Taht Map No.T58.91NGM Residential LowNedlum November05. 2008 Residential Medium-HIgNHIgh $55801lang unit Page 26 of 26 $66511,ODO W. f.T 20. Traffic Signal Charge: 17. Clrywide Regional Street Fete Residential Low/Medium $440.03rIMng unit Residential LoraWedlum $8,WIhinc. acre Resideril lMedlum-Hlghi $12,0301adj-acre Commercial Retell $12,0=adj-acre 18. New Growth Area Mayor Street Fee* $18,791 acre Residential Low/Medium $167901 acre Resleental Medium-HIgNHIgh $24,87Wadl, acre Commercial Retail $24, 870laaf. acre 19. Police Faclitiea Impact Fee—Citipatlee Residential LowNedlum $6244iving unit Residential Medium-HIgNHIgh $55801lang unit Commercial Retail $66511,ODO W. f.T 20. Traffic Signal Charge: $a40.o&llving unit Residential Low/Medium $440.03rIMng unit Residential Medium-HIgNHIgh $308:9glllving unit Commercial Retail $45.981ADT{ Noted: • Llvin9 Unit EquMlerne am beculeled b/ multiplying me number of Net Acres by SS Llv g Undt Equiva l for commercial or 3.0 livirp Unit Equivalents for IMustrlal to arrive at the bolsi number of Uvil Unit Equivocate. e Upon occovin y, of Ne proud, the auhtllvelar shall pay Me appropriate sewer lobby cra ge pursuant to me Simple Ilei Equity Program (STEP) es doermindl by Ne Domonounr of Public Utilities, Wastewater DiJ ioR En iimnmmrtl Sovlcus Section (559-621-515ug. • Due at Building Permit . DAenable though Fee Deferral CCvenarrt v Due at lime a Final Map. Due at cel&ata of Occupoi t Bulldog areae to be calculated to the above square foot. Troll Signal Fee Is object to review and donations of appmvel from Tromprotlaaon plating Fri the entaimml review precious bi on Average Deily Tnlu of *a proposed pyect City al��M��,��� E� r�'15-SW DATE. September 17, 20011 (5s' Submlttal) TO: WillTacked,111 Development Department, pment ment, Planning Division ((�� THROUGH: Bryan D. Jones, T.E., Traffic Engineering Manager Public Works Department, Engineering Division U FROM: Louise Cilia, Traffic Planning Supervisor \\�� Public Works Department, Engineering Divisio SUBJECT: Public Works Conditions of Approval IT 58911 C-07-308. (Bryan, Hayes, Gettysburg and Ashlan) McCaffrey Group I Provost 8 Prichard Engineering Group The Public Works Department, Traffic Planning Section, has completed its renew and Over following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department General Conditions, 1. Curb Ramps. Provide curb ramps at all comers within me limits of this subdivision. 2. Pedestrian Easements: Iderdlty all pedestrian easements on the map. a. Major Shei A 2' dedicatron for a pedestrian easement is required (See Eihiblt "P') S. Local Streets: Private -3. Overhead UtlIRIeB. Underground all existing Spend Overhead ublides wl the limits of this map In accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78=522188429. • 6. Design local streets with a minimum of 260' radius. •5. Local street lengths exceeding 800' and four way intemectlons require traffic calming measures. Bulbcutsapproved by Traffic Engineer 9-11-08. • 6. Garage setback: Protide 2Dfrom the garage to the back of walk. A minimum of 18' Is allowed with a roll -up door. 7. DeadRand Streets: Any temporary dead -and streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard Pi • 8. Outlots: If the subdivider seeks to dedicate to Na City, in fee, an outlet for open space purposes, subdivider shall pay all costs and fees associated with the City environmentally assessing the Oudot to Insure that it is free of toxic or baeardous materials pursuant to the requirements of City Administrative Order S-1, including, but not limited to, performing a Phase I envmnmental assessment, The environmental assessment shall be completed and all fees and costs for said environmental assessment shall be paid to the City prior to subdividers Sublease of the Final Map for City approval. •9. Plan Submittal: Submit the following plans, as applicable, In a single package, to the Planning and Development Department for review and approves: Street Construction, Signing, Steams, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. The Developer is responsible to relocate all obstructions, e.g. poles, fencing, mailboxes, etc. antl make adjustments as necessary. within the area of construction. Page 1 of 6 7 TPPFPC ENGINEEHING1iraNc Planninchaut M PP%CONOmWagF APPHOWL FOR TRACT MAPe.YWR-5891 ori GETTYSSURG HAYE5 a ASH-ANeI 51n a cYAyPI BRYAN GETTYSBURG HAYE56 ASHLAN 6v 10. Private Irrigation Pipe: If not abandoned, the developer shall enter into an agreement with owner of he private canal providing for piping the canal and submit an executed copy Of the agreement or commitment letter from the owner of the private canal to the Planning and Development Department. All Piping shell be located outs tle of the proposed street right of was. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to Me street. Submit engineered plans to Public Works Department, Engineering Division for review antl approval. Iden h the proposed easement and Provides a final cross sectional detail on the map. 11. identify City and County limits. Fronage Improvement Requirements, Major Streets: Breen Avenue: Collector 1. Dedicate 4T-55' of property, from center Ime, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. Match up with approved plans from Blair Church antl Flynn. A Poffset from section line was used. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be Constructed to a 10' residential pattern. Construct a 6 residential sidewalk per Exhibit "D". A 2' Pedestrian Easement Is required. Identity on the map. 3. Bike Pedestrian Equestrian TraillPaM:. The Planning Department has determined that the bike portion of the trail is to remain in the street. all antl sign to City Standards. Declines a 15' (minimum) easement for Landscape and PeciesMan purposes only to provide for an 9' planter, 8' sidewalk and 9' landscape. 4. Construct an 80' bus bay curb and gutter at the northeast corner of Bryan and Ashlan to Public Works Standard Ian, complete with a 10' mono Mile sidewalk. 5. Construct 20' of permanent paving (measured from face of Curb) within me limits of his sub- division. 6. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall Conform to Public Works Standard E-8 for Collector Streets_ ]. Relinquish direct vehicular access rights to Bryan Avenue from ell lots; excluding Counts to tie Used for ingreseegress purposes, within this subdivision. GeMsbum Avenue: Collector 1. Obtain and MCI 47'55' of property on the Boum side and 17' of property on the north side, from section line, for public street purposes within me limits of this subdivision to meet the current City of Fresno Collector Standards. CPbkiki We per City Engineer 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a I O' Tesldenbal pattern. Construct an 8' residential sidewalk per item number 3 below to meet the Gettysburg trail requirement. A 15' Landscape and Pedestrian Easement is resulted Merely on the map. 3. Bike Pedestrian EGueshan Trait/Path(Alternate): This Department does not support the Bedevil component of the trail due to health and safetyissues. The Planning Department has determined that he bike portion of the trail is to remain in the street. Stripe and sign to City Standards. Dedicate a 15' (minimum) easement for Landscape and Pedestrian purposes Page 2 of 6 T,TPAFFC ENGINEFRINaTraHm Plai Ersoxr Maps'.CONDIIIONS OF APP90WL FOR TRACT MAPSSBOGhsel BRYAN GETTYSBURG HAYESS ASRLVOT Sam EST mLmNa BRYAN GETTYSECRG HAVES a ASHUNNHAI only to provide for an 8- planter, 8' sidewalk and 9' landscape. An additional 12' dedicated Is required for the equestrian portion, if required Contact Planning and Development. 4. Construct an 80' bus bay cub and gutter at the southeast corner of Gettysburg and Bryan W Public Works Standard P-73, complete with a 10monolithic sidewalk. 5. Construct 20' of permanent paving on the south side (measured from face of cut) and 17' of permanent paving on the north side, withip the limits of this subdivision. 6. Construct an underground street lighting system to Public Works Standard E-1 Within the limits of this subdivision- Spacing and usage shall conform to Public Works Standard E-8 for Collector Streets. ]. Relinquish direct vehicular access rights to Gettysburg Avenue from all lots excluding oudes to be used for ingresslegress purposes, within this subdivision. B. Omlot 6 Dedicate a pedestrian easement to and construct a sidewalk around to existing electrical tower. Haves Avenue: Collector 1. Dedicate 47'35' of property, from section line, for publicstreet purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P3. The curb shall be constructed to a 10- residential pattem. Construct a 6' residential sidewalk per Exhibit "P'. A 2' Pedestrian Easement is required. Identify on the map. 3. Construct an 80' bus bay curb and gutter at me southwest corner of Hayes and Gettysburg to Public Warks Standard P.M. complete with a 10' monolithic sitlewalk. 4. Construct 20' of permanent paving (measured from face of curb) within the lmils of this sm- division. 5. Construct an underground street lighting system W Public Works Standard E-1 wlthln the limits of this subdivision. Spacing antl design shalt conform to Public Works Standard E8 for Collector Streets. 6. Relinquish direct veh lar access rights to Hayes Avenue from all lots; excuding made to be used for Ingressregress purposes, within this subdivision. Aortae Avenue: Arterial 1. Dedicate 55-57' of property, from center line, for public street purposes within the limits Of this subdivision to meet the City of Fresno's Arterial Standards. Match up with approved plans from Blair Church and Flynn 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P3. The curb shall be constructed to a 10' residential pattem. Construct a 6' residential sidewalk per Exhibit "D". A 2' Pedestrian Easement Is required. Identity on the map. 3. Construct 20' of permanent paving within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Sheets. 5. Relinquish direct vehicular access rights to Ashton Avenue from all lots; excluding outlots to be used for Ingresslegress purposes, within this subdivision, Page 3 of 6 TOTagEFIG ENGINEERINGRrartr PkmmngUxr Mxv CQNomoNs OF APPROVAL FOP 7HAcT MAPSvx3MTa991BRYAN GETVBBIIRG HAVEA & ASHL4MT-6691 Oh au[minN SHeAN GErtSOUPG HAVES a ASHi-v Ooc Interior Lowl Collsetor Streets: Private Design and construct the following streets to local collector standards: Masers. Swift, Willis, Create and the alley adjacent to lot 409. (Locations may Change due to the many revisions.) The proposed street design shall be approved by the Public Works Department. Interior Streets: Private 1. Construct sidewalks on bath sides of the private streets in accordance with Me 2025 General Plan, page 69; section E-1..1. Sidewalks to meet current ADA standards. Contact BuiWing and Safety. 2. Maintain the minimum clearances. as directed by Fre antl Solid Waste Departments. Interior Alleys: Private Alleys shall ba constructed par Public Works Standard API-17. SpedOC Mbloatlon Reoulrememe: This tract will generate 486 a.m. / 6% p.m. peak hour residential trips; therefore, a Traffic Impact Study (TIS) is required and has been submitted Comply with the mitigation measure requirements of the Traffic Erlglneering Manager in the attached letter dated 03-11- 08. 1. The intersection Of a. Ashton and me 1I8 mile point east of Bryan Avenue shall be designed such that the. median island will allow for westbound to eastbound u-turns. It. Ashton and Cresta/ Artisan Parkway shall be designed with a full meded opening to allow for left turns-in and left tums-out. The intereection may need to bb signalized upon ludher review of the CU PISPR for the commeroial portion. 2. The first order of work shall Include a minimum of two paints of vehicular access to the major streets for any phase of this development. 3. Backing onto a major street is prohibited. Idmrtify me proposed ingress I egress locations for all buildings to remain on the following APN(6): grow Avenue: 512-070-16, 35, 47 Haves Avenue: 311-070-29, 32, 25, 45. 53, 20, 21, 51, 10, 11, 44 and 311-050-06 Ashton Avenue :311-070-49, 40. 43, 27 Construct circular or hammerhead driveways, where not existing and construct concrete driveway approaches to Public Warks Standards P-1 and P4. 4. Relinquish vehicular access rights to the proposed ounot adjacent to lot 1. S. Remove the structural sectlan from the tentative map and Pravda on Me street construction plans for review and approval. 6. The commercial portion of this map, lots 649-652, shall require a site plan / Scattered use permit, with detailed plans and potentially a TIS or site access evaluation to determine additional traffic mitigation measures and conditions of approval. 7. Cresta / Artisan Parkway: 45 degree two-way, parking is shown which would require a minimum of fitfrom tip Gf Car to tip of car. Widths vary based upon the angle. 8. The proposed project shall make full improvements including a walkable path across remainder lots or lots that create a bottleneck (even 1f not included with this map) as a result of this tract map along project frontage OF necting project frontage on Ashton Avenue, Heyes Avenue, Gettysburg Avenue, and Bryan Avenue. 9. The proposed project shall provide pedestrian sidewalk access to the nearby Central Unified Schools from all outlets of this tract on Bryan Avenue, Gettysburg Avenue. Ashlan Avenue, and Page 4 of 6 TaapcFlC ENGINEERi NG\TNKZ Planning'.T,aSMay\OONGITIONS OE APPROVAL You MALT SAPsakepi BRYAN GE-PERBURG HAYES a ASHLANET Seal SP ANn Yk BRYAN GFRVSBURG HPYES 8 4SHLAN Wa Hayes Avenue. The madways Shall also be built to accommodate bike lanes even though they may not be allowed to be installed (secret and signed) until the opposite side of the Street in the County has a bike lane installed. Traffic Signal Mldeation Impact ITSMII Fee: This project shall pay the current Traffic Signal Mkigammi Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rates) as set forth In the latest Round of the HE Generation Manual for single family units (fee rate as shown in the Master Fee Schedule). 1. At the Intersection Bryan Avenue/Ashlan Avenue the project shall install all way stop signs at this intersection. The project shall provide safety lighting on the northeast and northwest corners for a future signal, 2. The following intersections shall be signalized to the City of Fresno Standards, complete with left turn phasing, actuation and signal pre-emption. This work is eligible for reimbursement andlor credit against Traffic Signal Mitigation Impact Fees: a. Hayes I Ashland b. Hayes l Gettysbum c. Bryan l Gettysburg d Ashlan I Polk a. Bryan l Swift (not reimbursable) I, Ashlan I Cresta / Artisan Parkway (pending further review and approval of a detailed comme tial CLIP/SPR, net reimbursable.) Fresno Melor Street Impact IFMSI) Fee This Map is in the New Growth Area, therefore pay all applicable growth area fees and Citywide regional street impact fees. Fresno Major Street Impact (FMSH Repulrements: When construction occurs adjacent to the County of Fresno, comply with the Standard County Conditions of Approval Attachment A'. Additional right of way may be required for driving sight distances, bike lanes, etc. Bryan Avenue: Collector 1. Dedicate and construct (4) 12' travel lanes with 5shoulders and a 12' center two-way left turn lane within the limits of this subdivision and cominue north to Shaw. Stripe 250' left tum packets at all major intersections. Dedication shall be sufliclent to accommodate additional paving and any other grading or transitions as necessary based on a 46 MPH design speed.. GetNsbura Avenue: Collector 1. Dedicate and construct(2)12' sashound travel lanes with a 5' shoulder, (1) 12'westbound travel lane with a S' shoulder and a 12' winter two-way left tum lane within the limits of this subdivision. Stripe 250'left turn pockets at all major intersections. Dedication shall be sufficient to accommodate additional paying and any other grading or trans ions as necessary based on a 45 MPH design speed. Page 5 of 6 TYTRASFm ENGNEEn,NG,T11HcPi1m„ngnxi Maps,couomaNS. of APPaoyu YonT"CT�T,Al BRYAN aEmeeuaa HA�SS 4 ASMuAPT 5e91 sn =ubMIMI BRYAN GETTYSBURG HAYES & ASR -AN d'c Heves Avenue: Collector 1. Dedicate and construct (4) 12 travel lanes with 5' shoulders and a 12' center two-way left tum lane within the limits of this subdivision. Stripe 250left turn pockets at all major intersections. Dedication shall be sufficient to accommodate add real paving and any other grading or transitions as necessary based on a 0.5 MPH design speed. 2. Dedicate and construct(2)12' northbound travel lanes with a 5' shoulder and (1) 12' southbound travel lane with a5' shoulder from Shaw to Gettysburg Avenue. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Ashland Avenue'. Artenal 1. Dedicate and consmect (2) 12' eastbound travel lanes with a 5' shoulder, (2) 12' westbound travel lanes wild a 5'shoulder and a raised concrete median island within the limits of this subdivision, Construct a raised concrete median with 250' left turn pockets at all major intersections. Details of said street shall be depicted on me approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed 2. From: Veteran's Boulevard To: Bryan and From: Hayes To: Cornelia At a minimum the project shall construct Ashlan Avenue with a 16'raised concrete median and a straight 12' travel lane with 5' shoulders in each directed to connect Veterans Boulevard- Grentland Avenue to Camelia Avenue. There will be addltlonat conditions on Ashlan Avenue but this is intended to make sure we have one City standard atedal lane on Ashlan Avenue without utility poles in the way. 3. Where not existing, dedicate sufficient right-ot-way and construct additional paving for eastbound to Westbound and westbound to eastbound U-turns at all major intersections from Bryan to SR. 99 in accordance with Public Works Standard P-93. State of California Department of Transportation (Caltranal Fee e Applicant shall pay fait share contribution as determined by the Slate of Castomia Department Of Transportation (Caltrans) to be collected by Me City of Fresno Public Works Department Traffic Engineeringrp for to a Rnal Map. The Caltrans letter is Included and the fallowing fees are moulded to be paid to mitigate fair share impacts to me Idandified state transportation facilities. Please contact Caltrans District 6, Joanne Streibich at (559) 499-4347 regarding the fair share calculations. Verity Ne none amount due to map revisions. Page 6 of 6 GRe ENO I NEERlN RTMIn RannmgRran MapzmW oIHONS OF APPROVAL FOR TRAET MAPS Ali 5891 BRYAN GE1 BBUFG HAYES A Bari ar n 5Lmdnitml BRYAN GEITYSSUPG HAYES 9 ASHLAN.KK TRAFFIC IMPACT STUDY APPROVED FOR PLANNING COMMISSION We reviewed Me Traffic Impact Study (TIS) by TJKM for Me proposed subject project which consists of 659 Single Family Residential Units on 112acres and 50,000 SF of neighborhood commercial on 5.93 acres: GENERAL COMMENTS and CONDITIONS 1. The trip generation based on ITE TOP Generation Manual is acceptable. The proposed project is projected to generate 8,454 daily trips, 546 trips during the AM peak hour and 854 trips during the PM peak hour. 2. This project shall pay IN Traffic Signal Mitigation Impact (TSMI) Fee of 54 i per single family dwelling unit at Me time of building pefmk based on Me trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual and the Master Fee Schedule. This project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee of 545.98 per Average Daily Trip for commercial at Me time of building permit based on Me trip generation rates) as set forth in the latest edition M the ITE Generation Manual antl the Master Fee Schedule. The TSMI fee based on 659 single family dwelling units u $269.979.77. The TSMI fee based on 50,000 SF of neighborhood commercial at 2,147 ADT is $98]19.06. The total TSMI fee for IN entire project is $388.696.63. 3. At Me Intersection of Shaw AvenuelHayes Avenue, Me project shall construct Westbound Shaw Avenue shall have a 250 feet left -tum lane and easMound Shaw Avenue shall have a 150 feet right - turn lane. A northbound 250 feet left -turn pocket and a 150 feet northbound right turn packet shall also be constructed This may require this acqufsftion of private property or the relocation of PGE power poles. This is a health and safety issue and shall be done prior to any building occupancy and shall not be bonded for as part of Me final map recordation. It needs to be constructed prior to adding any additional traffic. This reduces the impacts and safety concerns Imposed by existing and Project related left -turning and right -turning vehicles on Shaw Avenue to through movement motorists. The work on Shaw Avenue is reimbursable through the Fresno Major Street Impact (FMSI) fee. The wank on Hayes Avenue is only reimbursable if it Is within the travel lane in each direction and the two way left -Nm lane. 4. At the intersection of Shaw Avanue/Bryan Avenue. Me project shall construct Westbound Shaw Avenue shall have a 250 feet Iefl-torn lane and eastbound Shaw Avenue shall have a 150 feet right - tum lane. A northbound 250 feet left -turn pocket and a 150 feet northbound tight -turn pocket. This bibillarli City of ��: inityOeissel 3607%si O wn if50 PWkWwpecc i i 4 m21 ]9P9 . - PeM14kwlxrOuff aq W"fccirroo March 11, 2008 TJKM Jose Luis Bedevil P.E 516 W. Shaw Avenue, Suite 200 Fresno, CA 93704-2515 SUWECT: REVIEW OFTRAFFIC IMPACT STUDY (TIS) FOR THE PROPOSED TRACT 5891 northeast comer of Bryan Avenue antl A chlan Avenue TISl dated July 3, 2007 received in Planning and Development August 13,2007 TRAFFIC IMPACT STUDY APPROVED FOR PLANNING COMMISSION We reviewed Me Traffic Impact Study (TIS) by TJKM for Me proposed subject project which consists of 659 Single Family Residential Units on 112acres and 50,000 SF of neighborhood commercial on 5.93 acres: GENERAL COMMENTS and CONDITIONS 1. The trip generation based on ITE TOP Generation Manual is acceptable. The proposed project is projected to generate 8,454 daily trips, 546 trips during the AM peak hour and 854 trips during the PM peak hour. 2. This project shall pay IN Traffic Signal Mitigation Impact (TSMI) Fee of 54 i per single family dwelling unit at Me time of building pefmk based on Me trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual and the Master Fee Schedule. This project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee of 545.98 per Average Daily Trip for commercial at Me time of building permit based on Me trip generation rates) as set forth in the latest edition M the ITE Generation Manual antl the Master Fee Schedule. The TSMI fee based on 659 single family dwelling units u $269.979.77. The TSMI fee based on 50,000 SF of neighborhood commercial at 2,147 ADT is $98]19.06. The total TSMI fee for IN entire project is $388.696.63. 3. At Me Intersection of Shaw AvenuelHayes Avenue, Me project shall construct Westbound Shaw Avenue shall have a 250 feet left -tum lane and easMound Shaw Avenue shall have a 150 feet right - turn lane. A northbound 250 feet left -turn pocket and a 150 feet northbound right turn packet shall also be constructed This may require this acqufsftion of private property or the relocation of PGE power poles. This is a health and safety issue and shall be done prior to any building occupancy and shall not be bonded for as part of Me final map recordation. It needs to be constructed prior to adding any additional traffic. This reduces the impacts and safety concerns Imposed by existing and Project related left -turning and right -turning vehicles on Shaw Avenue to through movement motorists. The work on Shaw Avenue is reimbursable through the Fresno Major Street Impact (FMSI) fee. The wank on Hayes Avenue is only reimbursable if it Is within the travel lane in each direction and the two way left -Nm lane. 4. At the intersection of Shaw Avanue/Bryan Avenue. Me project shall construct Westbound Shaw Avenue shall have a 250 feet Iefl-torn lane and eastbound Shaw Avenue shall have a 150 feet right - tum lane. A northbound 250 feet left -turn pocket and a 150 feet northbound tight -turn pocket. This may require the acquisition of private property or the relocation of PGE power poles. Top a a health and safety issue and shall be done prior to any building occupancy and shall not be bonded for as part of the final map recordation. It needs to be constructed prior to adding any add;tipnal traffic. This reduces the impacts and safety concerns imposed by existing and projectrelatedJeff - turning and right turning vehicles an Shaw Avenue to through movement motorists. The work on Shaw Avenue is reimbursable through the Fresno Major Street Impact (FMSI( tee The work an Bryan Avenue Is only reimbursable it it is within the trove; lane in each direction and the hvo wa left -turn lane. The wee0ound left -tarn lane Is already Secured by another Tract Map. y The City of Fresno is undertaking a Capital Improvement Project along with the Redevelopment Agency to widen Ashlan Avenue from Blythe Avenue to SR 99 to two lanes ;n each diirection. Construction Is occurring on Ashlan Avenue by Beazer Homes between Cornelia Avenue and Blythe Avenue under the oto UGM system As a result bottleneck Is occurring between that Traci Map and Blythe Avenue and wasaound ASNan Avenue shall be widened to 2lanes across Mese property, rampages. This reduces the impacts and safety concerns Imposed by existing and project related Irai and is reimbursable as part of the Fresno Major Street Impact (FMSI) fee- The bottleneck Includes the parcels addressed as 4595 W. Ashlan Avenue 4569 W. Ashlan Avenue 450.] W. Ashlan Avenue 4533 W. Ashlan Avenue The City of Fresno Public Works Department Is attempting to apply Proposition 18 money to the bottleneck add fund constmction tp widen Ashlan Avenue. We anticipate Nat the City project will Progress faster than this development so this work should be completed as a City Capital Project but In the event that money ;s not available is a condition of Nis tract 6. Ata minimum the project shall construct Ashan Avenue with a ha;sed" Median and a straight travel lane in earn direction with a minimum 5 II shoulder to connect Veterans Boulevard-Gramldmd Avenue to Cometh Avenue. There will be additional conditions on Ashlan Avenue but this is Intended to make sure we have one City standard eternal lane on Ashlan, Avenue. without Wilily poles in the way. ]. Al the intersection Bryan Avenue/ASNan Avenue the Montscfion shall be designed and constructed consistant with Ne P69 Standard. The project shall install all -way Stop signs at this intersection. The Project shall provide safety lighting on Ne northeast and northwest comers for a future signal. Traffic Signal poles located at the ultimate location are full re;mbureablel credited In the Traffic a S;gnel Mbgon Impact TSM.I) fee. The following are Me necessary lane configurations for this Intersection, SouMbound approach left -turn lana, 2 through lanes, and right -turn lane Westbound approach left -tum lane.2 through lanes and a right -turn lane Eastbound approach left -Nm lane, through lane and a through fight -turn lane Northbound approach left -turn lane, shared Ihrougronght tum lane 6, At the Intersection Hayes Avenuelveri Avenue the Intersection shall be designed and constructed 00hosam with the P69 Standard. The project shall signalize this Intersection. Traffic Signal poles located at Ne ultimate location are lull reimbursable/ credited In the Traffic Signal Mitigation Impact (TSMp fee. The following are the necessary lane configurations for this intersection: Southbound approach left -turn lane, 2 through lanes, and right -turn lane Westbound approach left -turn lane, 2 through lane, and a rigMiurn lane Eastbound approach left -turn lane, a through lane, and a shared through -right -turn are Northbound approach lett-tum Jane, shared through -right turn lane Proper transition for the appropriate speeds wth be necessary an the receiving side of Me intersection. 9. At the intersection Hayes Avenue/Gattwourg Avenue Me intersection shall be resigned am constructed consistent with the P69 Standard. The project shall signalize this iMerserfion, Traffic Signal pales located at Me ultimate location are full reimbursable/ credited in the. Traffic Signal Mitigation Impact (TSMI) fee, Tract 5400 (a province McCaffrey Tract) has already done a lot of the safety lighting_ The following are the necessary lane configurations for Nis intersection: Southbound approach left -turn lane, 2 through lanes, and a nglopturn lane Westbound approach left turn lane, through lane, and a right -tum lane EasMound approach left -Nm lane, through lane, and a right turn lane Northbcuna approach lett-turn lane, 2 through lanes, and a right turn lane 10. At the intersection Bryan AvenuelGettyaburg Avenue the intersection shall be designed and constructed consistent with the P69 Standard. The project shall signalize MIs inlersecfidn. This intersection shall be signalized to control vehicle traffic tram this batt. Pausing traffic, school trans and provide a safe pedestrian crossing for Me alemenrery ethical at Me southwest comer. Traffic SignalImpact PoleInfraredoted al Me ultimate location ere full reimbursable/ credited in the TrafficSignal Mitig(TSMI) fee. The fallowing are the necessary lane configurations for this intersection: Southbound approach lett-turn lane and snared through- right -turn lane Westbound approach left -tum lane, 2 through lanes, and a right -turn lane Eastbound approach left -tum fare, a through lanes and a shared through -right -turn lane Nonhbaund approach lett-tom lane, 2 through lanes, and a night turn lane 11. At the intersection Bryan Avenue/Main Boulevard to Tract 5991 the Project shall signalize this intersection. The Intersection shall be signalized to control vehicle traffic from this tract, easing traffic , school traffic and provide a safe pedestrian creasing for Me high school campus across He street. This traffic signal is not reimhursablel credited In the Traffic Signal Mitigation Impact (TSMI) lee and Is pmject specific as the project has all traillr, loading onto Bryan Avenue at one location. The following are Me necessary lane configurations for this intersection Southbound approach I¢Mlum lane and two through lanes Westbound: approach shared lett-turn lane -through lane- right -turn lane Northbound approach tete way left -tum lane, through lana and shared thrdugh-dght turn lane 12. At Me intersection Ashlar AvenudPolk Avenue the Intersection shall be designed and constructed consistent with the P69 Standard, The project shall signalize MIs Intersection, Traffic Signal poles located at the ultimate location are NII reimbursable) credited in the Traffic Signal Mitigation Impact (TSMI) fee. Tract 5400 (a previous McCaffrey Tract) was already condi erred to or a lot of Me safety lighting and conduit. The following are Me necessary lane configurations for this Inamectlo t: Southbound approach tett-tum lane, a shared through night turn lane Westbound approach teh-tum lane, a through, and 150 feet nght-turn we Easibound approach lefWurn tare, a through, and 150 feet right -turn lane Northbound approach left -tum lane, a shared through -tight -turn lane 13. This project shall Install Intelligent Transpommen System (ITS) Conduits and fiber along Ashlan Avenue from Bryan Avenue to Cornelia Avenue along with She boxes and ITS equipment consistent with our Public Warks ITS standards at each traffic signal marsecul so that Asblan Avenue is synchronized and motorists do not experience a red light every hall mile. 14. Hayes Avenue roadway Segment from Shaw Avenue to Gedysburg Avenue shall have 2 northbound lanes and One so Whheped lane. Current this exists from Gettysburg Avenue to Sante Anna where a dohleneck exists and the roadway narrows dawn to County standards from Santa Anna to Shaw Avenue. It appears like me right-opway exists for an additional farmers) northbound through lane. One lane In each direction and the two-way leh-ture lane Is reimbursable on collector street in the Fresno Major Street (FSMI) fee So this additional northbound lane is project Specific mdigr ion and alien by this development could be put on the property owner. 15. Hayes Avenue roadway segment from Gettysburg Avenue to ASMan Avenue shall have 2 northbound 2 southbound, and a end way-left-Nrn lane. Tract 5400 which is also a McCaffrey Tract has put most of this In on the east side accept the lot tram the south boundary of Tract 5400 to Ashton Avenue. This property is owned by the McCaffrey Group and should be widened to reduce the bottleneck. One lane in each proceeds and the rw0 way ardent lane is reimbursable on a collector street in the Fresno Major Street (FSMI) fee. 16. Bryan Avenue roadway segment from Shaw Avenue to Gettysburg Avenue shall have a northbound ane, One southbound lane, and a Iwo way left -turn lane. One lane in each direction and the two- way left -turn lane is reimbursable in the Fresno Major Street (FSMI) fee. IT Bryan Avenue roadway segment from Gettysburg Avenue to Audi Avenue shall have 2 northbound, 2 southbound, and a rwo-wer left -turn lane. One lane in each direction and the me wayleft-tum lane Is reimbursable In the Fresno Major Street (FSMI) fee. 18. Ashlan Avenue roadway segment from Bryan Avenue to Hayes Avenue shall have with a "raised' melon and two travel lanes to each direction with a minimum 5 11 shoulder. This Is fully reimbursable in the Fresno Major Street Impact dial fee. 19. Gettysburg Avenue roadway segment from Bryan Avenue t0 Heyes Avenue shall have o went ound with a minimum 5 T shoulder, 2 eastbound, and a Iw0i left -turn lana_ One lane nn each direction and the two way lefbturn lane is reimbursable m the Fresno Malor Street (FSMI) tee. 20. The proposed project shall make necessary improvements and right-of-way dedicascredvacahons along adjacent public streets as per City of Fresno requirements, 21. The proposed project shall make lull improvements Including a walkable path across remainder lots o lots that create a bottleneck (even if not induced with this map) as a resull of this tract map along Project frontage or connecting protect frontage on Ashlan Avenue. Hayes Avenue, Gettysburg Avenue, and Bryan Avenue. 22. The proposed project shall Provide pedestrian sidewalk access to the nearby Central Unified Schools from all outlets of Pros tract on Bryan Avenue, Gettysburg Avenue, Ashram Avenue, and Hayes Avenue. The roadways shall also be built to accommodate bike lanes even though they may not be allowed M be installed headed and signed) unfit Me opposite side of the street in the County has a bike lane installed. 23. The proposed project shall pay all applicable Caltrans Interchange Mitigation Impact fees to the City at Fresno Traffic Engineenng as determine by Caltrans for Ashlan Avenue and Shaw Avenue with SR 99. 24. Veterans SoulevardySR 99 interchange is an integral part of Me West Fresno and Northwest Fresno Circulation Element in Me 2025 General Plan. City staff are currently working on the Protect Study Report (PSP) for this new interchange to relieve congestion at other Interchanges. This interchange Is a Measure C Tier 1 project and is partially funded at a cost of $60 million. Estimated costs for Me total project are $97.222 million leaving a short fall of $37.222 million. The estimate average only trips (ADT) served by Me new Veterans BoulevarNSR 99 interchange is 70,370 vehicles In 2035 based on the City of Fresno technical memorandum approved by Caltrans. Therefore, to cover Me shod fall to get Mrs interchange constructed each new project in West Fresno and Northwest Fresno will pay $529/ADT Mat are served by the interchange (across the freeway or accessing SR 99 via the interchange) to make a fair share contnbution to the Interchange to ringers the protect impacts to the Circulation Element of Me General Plan MEN in accordance with the Mitigation Fee Act. This project shall provide ADT counts for Me Veterans BoulevarNSR 99 interchange based on a Fresno COG model run. This tai fair share mitigation impact fee for the entire subdivision shall be paid prior to occupancy of the that dwelling unit. If you have any further questions regarding this matter, please contact me at (559) 621-8792 or brvan.lones8fresnoaov . Sincerely Bry5 G s,n Tfaflic 1 wring Manager Public rks Departmern TraMc Engineering Division C R¢ Ergnwmp Ready Fie Cary NM We Tell Imryn ably seenei ani P eorma a Dweiri seri. Wel Teovet frenny 8 DO ebpmem O"L LOWee Gi Tose Renm,p 5uperer r »_ VIUN _ City of ��c w ODYARTh1ENT OF PUBLIC UTILITIES Simandem 10, 2008' TO: Will Tacker, Planner 111 Development Department, Planning Division THROUGH: Robert Weakiry, Chief ofoperalions Department of Public Utilities, Solid. Waite Division FROM: - q,l Cuts Weibert, Management Amlyst R Deposit OflaUblut Utilities, Administration SUSPECT: ' "91.ti GM,A-07-008,R-O7-029,and C-07-308,Solid Waste ConditiomofApproval Location'. Between Nonh Hayes and Nodh Bryan Avenue and West Ashlm and West Gettysburg Avenues —REVISED The Department of Public Utilities, Solid Waste Disraim has cpmpleard a review of the Vetting Tentative Tracr Map 5891NGM, A-07-008, R-07-029, and C-07-308 that was submitted by Provost & Pvmhmtl, Inc., on behalf of the McCaffrey Group. The following restatements and conditions we to be placed on this vesting tweadve tract map as a condition of approval by the Department of Public Utilities General Requirements: Tract 5891 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: I Gray container for solid waste. 1 Green container for green waste and I Blue container for recyclable material. The owm<n, lessees or other tenants of the residential dwellings on service day, before 5:30 am., shall place their solid waste containers at the edge of the curb approximately 9 ked apart and shall not block any vehicle acmses, nor be placed within my maffic circle. in accordance with the City ofFremo's Solid W aste Nanagcment Division Stamards. Par Municipal Code. Section 9405 Solid Waste Disposal Regulatimvs, Section (e)(I ISh. No solid waste container not residential rubbish shall be allowed to remain in the curblineafer 8:00 P.M. on the collection day. Per Municipal Code, Senior 9 405 Solid Waste, Recycling and Green Waste Regulations, Section (c)(10)(i). No material container shall be stored in the front yard of aide yard on a meet as said yards me described in Chapter 12, Articles 2 and 3 of this Code, unless theconminer is sueened from view from the street in accordance with thatampe of five Code. Ceui,�ornfrvv.a ruesi a .d.da. Special Requirements: Developer will provide through access of alleys for solid waste vehicles. Solid waste vehicles will not be required to back up and/or beoing around to service properties, Residential solid waste servicing in alleys is approved under the condition that the alleys are constructed in accordance with API 17 and FMC 12-1011(c). All alleys shall he posted "No parking." All alley -loaded lots not mentioned below, shall place their containers m the alley for servicing on solid waste sefVlce days. Covenant Requirements: It shall he posted "No Parking' in the col -de -sacs on the solid waste service day. All lots that are pan of a cul-de-sac shall he clear of all vehicles by 5:30 am, on solid waste service days: Lot 95, 96, 97, and 98 on West Ashcroft Avenue Lot 107, 108, 109, and 110 on West Holland Avenue ]'hose lots that have a dead-end alley will be required to place their wntawers at an alternate location on solid waste service days: Lots 255, 256, 257, 258, and 259 shall place their variables at the south side of theb individusl lot • Lot 287, 288, 289, 290, end 291 shall place their containers • Lots 292, 293, 294, 295, and 2% Shall place their containers at the south side of their individual lots • Lots 324, 325, and 326 shall place their containers at the north of Lot 324 • Lot 327, 328, 329, 330. 331, and 332 shall place their containers at the north side of Lot 327 and 336 • Lot 333, 334, 335, 336. 337, and 338 shall place their containers at the north side of Lots 335 mid 336 • Lots 339, 340, 341, 342, 343, and 344 shell place their containers at the north side of Low 341 and 342 • Lot 347, 348, 349, and 350 shall place their containers at the north aide of Lues 353 and 348 • Lots 351,352. and 353 shall place their containers at the east oftheir individual Iota • Lots 354.355,356, and 357 shall place their containers at the loath side of their individual lots • Lacs 374, 375, and 376 shall place their containers to the west side of Lot 357 he, F, Cem,.„eeernnam•=i Trv4i. lv,.. . September 16, 2008 TO: WILL TACKETT, Planner 111 Planning and Development Department, Planning Division FROM: RICK FULTZ, Senior Fre Prevention Inspector Fre Department, Bureau of Prevention and Investigative Services SUBJECT: TENTATIVE TRACT NO. 5891 The Fire Department has completed a review of the Tentative Tract Map 5881 which was submitted by Ml ray Group. The following requirements and conditions are tc be placed on this vesting tentative tract map as a candition of approval by the Fire Department. General Requirements: This project is within 3 miles of temporary Fire Stated No. 16 and permanent Fire Station 16. This project is subject 1p city wide fire service fees. Provide residential and commercial fire hydrants and fire flaw per Public Works standards. Access is not acceptable: Dead end sheets shall not exceed 450 feet without providing a second point of access. Lots 96 through 101. Lots 108 though 123, lot 331 and lot 334 are all over 450 feet from a single paint of access. The lots will need a second point of access or shall be provided with fire sprinkler systems. The lots requiring fire sprinklers Shelf have a covenant agreement filed per lot staring the fire sprinklers are a condition of the tract. Or Provide details for emergency access in lieu of fire sprinklers. Gates, posts, or other barriers suitable to the Fire Department are required to be installed at the entrance to an emergency access only roadway. The entrance to all emergency accesses shall be posted with permanent signs: AFIRE ACCESS (64 letters) VEHICLES REMOVED AT OWNER -S EXPENSE (2' letters) FRESNO POLICE DEPARTMENT 621-2300 (1"letters).® Emergency accesses are required to be dedicated fire protection easements. All private streets and driveways that are provided for emergency access for Fire Department use shall be constructed to a minimum unobstructed width of 20 feet No parking is allowed in Me allays and the alleys shall meet standard API -17 with a reduced tum radius as shown in the standard The 32' streets shown in the tract are subject to further review and comment per standard API -2A. Upon further review the streets may be approved as shown or some areas may need to be identified as fire lanes. Phasing of the project will require additional review for access and hydrants. D E P A R T M E N T O F P U B L I C W O R K S TO: Will Tacest, Planner 111 Planning Division FROM: Hilary Kimber, Perks Supervisor D (559.621.867%) DATE: December 18. 200) SUBJECT: Tentative Tran Subdivision Map T-5891(Located Between West Getrysbung and West Asi Avenues and NOM Bryan and NOM Hayes Avenues) The Department of Public Works has reviewed Ne Tentative Tract Map proposed by The McCaffrey Group, on engineering plans prepared by Provost he Pritchard dared November 19 2oP/ The Depanmem of Public Woks offers Ne following comments regarding use restuornems for landscaping and irrigation in street righnef-ways, landscape easements. tails. Outlets and interim Islands. UNERAL REOUIRF ENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trey on all public street fmnragcs par Fresno Municipal Code and for the dedication of planting end buRer landscaping increments as determined by the Planning Deparvrem. Street trees shall be planted at the minimum raw of ane bee for each W of stristafrontageby the Developer. The spbdivideris requirrd m provide irtigatioo fmall stoat vas. The 'rogation system shall comply with FMC 12-301 Weser Efficient Landscape SundaMs. _. a Street Tree Floating by Developer: For those lou having incerrml%feet me frontage available for strut tree planting, the developer shall plant one tree for each W' of street frontage, or one Irs per lot having street heritage, whichever is gaster. Tee planting shall be within a 10' Planting and Utility Easement. a. Street are inspection fees shall be colleted f s each W of Public inset frontage or one tree per lot whichever is greater. IF .Stan trees shall he plants In accordance with Ne City of Fresno, Rpenmenmf Public Works "Standard Spuifcatiom." c. Landscape plans for all public use areas, such as parkways, buffers. medians and pails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street vee planting permit shall the required fur all residential strep tree planting. d. Performance and payment securities, paid with final map, will he released when at landscaping installed on public amber city controlled property is in conformance with the Specifications of the City of Fresno. C. Upon acceptance of the required work, warranty security shall be furnisbedin Or rnaitmd by the city for gumanty and warranty of the work for aperrod of ninety dap following acceptance. BUFFER E ANDSCAPINO A MAINTENANCE REQUIREMENTS 1. The subdvmmshall provide long term maintenance for all propomd landseapedarem by eiOerpemiening for annexarmn in she Community Facilities Dlsuictor by !aiming aHome Owner's Association, 2. Maintenance SerrmeThrough Annexation Into the Community Faciliriea Dlatritl.Landscape and Intention plans are chinned and shall be submitted to Ne Department of Public Works formnew, and approve! prior to a Council approval tribe final map. Plana shall be numbered meonform to and be included in the Department of Public Works doctor donsvucmn plan Set fur the Enol mop. Ends Ads applicable when the subdivider clew to have landscaping maintained by annexing into d¢City's (Trig ity Facilities Distract. A Landscaping shell comply with Landscape Buffer Development StaMards approved by and City Councilor Onober2.VW. WnduapesrdlmgationplawshWicomplywuh Seetionsl2-311623 AS 24 and 14-121 of Fresno Municipal Understanding Water Efficient landscaping and Buffer landscaping. H. Should Aeproposed landscape buffers anNofparkway snips be located next man existing bulla arbor parkway strip, Nc planting conmpr mall simulate Ne adjacent landscape design to present a marcunkfonoappearenccoaLhesnu_ Var arced in the landscape cencep will be amepmble, but She design ori new landsmpe buffer amber parkway strip shall since to mimic nine existing as much as possible C. Landscape plans shall indicate grades an acrovv-section derail to include fencing or well details, All fencing shall be placed outside Ne lardl easement. Maximum slopes shall not exceed 4'1 with I feet of level gmand between Ne slope and the back of the side walk Amber face of fence_ Eosion conwl measures shall be implemented an ell slopes of 4:1, including she use o(synNetic vol nettings ' comminute with papproved by cover species appby Ne Department of Public WorkslEngincenng Services Division, D. The water meteri Saving the buffer landscaping shall be sired fordo anticipated ran LOWS, E. No private gags, signs or identification ofanY kind shall be pemurtW in the nehto(-waY, within the C'ty-conwlled easeormor on de coraco er wall fazing Ne sneer. F lendscaplog in the nghtmf.%ay and landscape sedsuck adjacent to water well sites shell be the responsibility of be City ofFrnao Water Division and may not Ad included in dine CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, 11 ords Plan f Ineeratienandru u a! islands fronting the mentioned p 2.Thepublic Works Dcpamnen willrevandeveluare existing mesad islar l fore determination of all required improvements prior AS approval of Anal Map. 3. Isndscape and imill'i is required on all new construction of Armed islands and shall be applied 14 ccordance wind the City of Fresno, Public Works Handful Srendards is Specifications and FMC sections 12 3Gl and 12 306-^_3. The Public Works Department requires all proposed dir islands to be condWcred wird 2 first wide colored concrz¢ surps. Bush along curb edge, in a 12 inch by 12 inch bock red slate prom. 4. Toes shill not bepLvnd 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 integd pan of the off site improvements, whether the median is landscaped or not. OUTLOTS L no Dcpurment of Public Works will net be responsible for me nowntenunce of any out hats if they am not included into the Community Facilities District (CFD). If the authors are to be docarked into the CFD, me Wpamrent of Public Works will require approving landscape and irrigation plans to be submitted with landscape buffer plana prior to inclusion intone CFD. TRAIL REQUIREMAMS The coil shall be constructed in accordance with the 'Master Trade Munual" and lie Public Warks Department standards. The subdivider is responsible for me trail construction. The subdivider is responsible for al l larehime and orgarkin improvements forand within the trail. Constmetou plans shall be submitted and shall include landscaping and automatic drip irrigation design. Trail emss- aeaions will bei mquiod with submitted of Street Plans and landscaping(Inigation Plans for review am approrzl. nese plans shall be in compliance with correct City standards and approved by the fkpaftment of Public Works. Landscaping witdnme regionallmultipurposeveil shall include large, medium and low -growing shmbs planted from I to 6 feet span depending on variety, and trees spied approa i matel y 25 to 45 feet upon to provide 50% some coverage onto and planting area and pathway. landscaping adjacent to walls or fences dull comply with "Isndscaped Buffer Development Standards." All planting areas shall he irrigated with an automatic system. Cly oI on .' \I/ rI—SESKI PUBLIC WORKS DEPARTMENT DATE: December 18, 2007 TO: WILL TACKETT, Former III Planning and Development Department FROM: H HILARY KISSER, Pains Supervisor 11 Public Works Department SUBJECT: CONDITIONS FOR TENTATIVE SUBDIVISION TRACT SrigyI AND COMMUNITY FACILITIES DISTRICT 1. The a g lerm maintenance of Wi the Items listed below Is Me ultimate respond lily of Me aenendeveloper. If the Council or f mpam ownenaeralgpr chooaee. nW to Include allot the Items or be gain nems lutea in a Community Facilities metal (CFO) Me PMMM makhmsmIsr shall be resters le far providing a mechanism approved by Me City for the maintenance of such items. Maintenance of all lendeceping And migawan systems as approved by the Public Works Depadment within Me sweet righ4d-ways (includes parkways and one half of metlia t islaMs in Major Streets), landscape easements ,tralls and outlets associated With Me subdivision. All outlets shall the dm cared to the City W Fresco for maintenance purposes and any related work required. • Maintenance of Sidewalks and Street Furniture as approves by Me Pull Works Department Within Me street fight -of -way and the leaders, easements associated IM the s mossian. Maintenance W of Ian iscepe and imgation syarems on sides and In medians, deeper" commas and pilasters included as Marry treatments M the pact. Maintenance of all kcal sheet Came Sutlers and Sisa lka and Mardian Klands as approved • by the Public Works Department within the boundary of the shall map. Maintenance and epermang mss of all Loral StreetLgMs as approved by Me Public Wants Department Within the boundary of the tertawve map. Maintenance of all Street Trees as composd by Me Public Works Department within the boundary Of me Mutation map - 2. An Annexation Repuest Package shall ba sWmined W To Pubic Works DapadmeM 0 mrs oWnendaveleper Chooses to be annexed into Me Clays CFD fm maintenance purposes to be harassed for acceptance to pacers. Packages must M complete With all required informal in order to be accepted. The Annexation Requaet Farm Is available on-line on the City's southern (hftPAwawJresnogov) under Me Public Works Department Developer Doorway, 3. Prare sfinga be plan the Final Map Into a CFD Bill NOT commence umll Me teal Map has Wen annexed into the Cltbof Fresno and the FinalMapLandscape ark Street Constmcton Plans am considered to ba Txhnically Comets. Any change affecting he nems in Mese conditions recoil ex amn of nibs father of mnaXiena. If you have any questions, pleMsn Call me at 621-8790 C PW Fill lM term 2007 oat GFD consul D wh v r is Mian Ma?E.OLIVE-FAiryO.CA9]3]-(559)a5Wa9a- FA%(55914E6.lr9e ive alEeOtla'umwrf FRESNO METROPOLITAN FLOOD CONTROL OLSTRICT NOTICE OF REQUOIEMENTS PUBLIC AGENCY DEVELOPER Vic Gil Harp. Planning Manager McCaffrey Group Planning & Development Department 7020 N. Van Ness Blvd. City of Fresno Fresno, CA 93711 1600 Fresno Street _ Fresna.CA 937$1 MAP NO, 5$91REV3 PRELIMINARY FEE(S)(Set below) DRAINAGE RE S) ^ EO " - DRAINAGE AREA EO " $1,507,798.00 DATE S�Z9 Q3 DRA NAGE AREA _ TOTAL FEE $1,50]]9800 The proposed development will generate storm mooff which produces prosaically significant environmental impacts and which most be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The Distract in O cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation ofthis Master Plan by this development project will satisfy the drainage related CEQAM PA impact Of the project mitigation requirements. The proposed development shall pay drosippe fees punnnnt to the Drainage Fee Ordinance N priorto approval ofthe final map az the rotes in effect at the time of such approval. The Fee M iMicated above is based on the tentative map. Contact the FMFCD project engineer prior to W approval ofthe final map for the fee, to Considerations which may affect the Fee abligation(s) or me timing or form of fee payment: IL a) Fees related to undeveloped or phased portions of the project may be definable X b) Fees may be calculated based on the acted percentage of runoff if different than that M typical for the zone district under which the development is being undertaken and if permanent provisions are made to nature that the sire remains in that configuration. c) Muter Plan atom drainage facilities may be constructed, or required to he constructed in lieu of paying hes. d) The actual cost incurred in constructing Master Plan drainage system facilities is. credited against the drainage fee obligation. Mian Ma?E.OLIVE-FAiryO.CA9]3]-(559)a5Wa9a- FA%(55914E6.lr9e ive alEeOtla'umwrf FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for Ne excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with toad District Requirements. I. a Drainage from the site shall be directed to X b. Gooding dead drvnage patients shall 'beas identified on Exhibit No.l iH The grading and drainage partems shown on the site plan conform to the adapted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Sensors Drainage and Flood Comrol Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit Nol as "Master Plan Facilities to be constructed by Develap rT, _None required, I. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan x Stomr Dein Plan IS Final Map x Street Plan x water &sewer Plan _Other 4. Availability ofdminage fwilities: a. Permanent drainage service is available Provided the developer can verify to Ne satisfaction of the City of Fresno that nbu ff can be safely conveyed to the Masher Plan inlet(s). _b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X Permanent drainage service will not be available. The Dlsnictmcommems temporary facilities wtil permanent service is available, x d Sec Exhibit Na.^_. 5. The proposed development Appears to be located within a 100 yew Rod pound area as designated on the latest Flood Insurance Rate Maps available to. the Diwid necessitating appropriate Roodplain management action. (See attached Floodplain PoEcy.I )wi¢v. 56w ntimes- Messrs. CA W727 (559) 456329?. Ela (359) 45aa19< Tva 1'0.ld,,wWM FRESNO MDTROPOLI IAA FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 m`4 Appears to be located within a 500year flood prone area as designated on the latest Flood Insurance Ram Maps available to the District. X Does nut appear to he located within a Flood prone area. 6. subject site contains a portion of a canal Orpipeline [hat is used to manage _The rechmge, norm water. Tender based Flows. The existing capacity must be pm5erved A as pan Of site development.Additionallg site development may not interfere with " the ability t0 operate and maintain the canal or pipeline. 1. The Federal Clean Water Act ad The State General Penn in for Stems Water Discharges Associated with Construction and Industrial Activities (State General require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Drschmge Elhnmmimn S4mem (FIBERS) promising, to Implement demands to reduce pollutants, prohibit the discharge of waters other Nan storm water to the municipal norm drain system, and meet water quality standards. These re p iremoms apply both TO Putlumna generated during construction, and to those which may be generated by operations at the devetmpecom after comtmcrol, O a. Stare General Permitfor Stonn Water Discharges Associated with. Construction Activities, approved August 1999, (modified December 1002.) A Stare General Construction Permit is required for all clearing, grading, and dismrbamat to The ground N that result m soil disturbance Of at least Oat acre (or less than one acre if part of a �M larger common plan of development or sale). Permirttts are required to submit a Notice of Intent to be covered and must pay a permit fee to the Stare Water Resources W permit Board (State Board), develop and implemem a which water PORwlon prevention plan, eliminate non -storm water discharges, conduct routine sue norSaftclions, Train employcas in perm it Compliance, and complete an annul certification of compliance. b. Sure Generel Permit for Storm Water Discharges Associated with lndumial Activities, .Apr, 1997 (available at the District Office.) A Some General Industrial Permit is requited for specific types Ofinclaros descnbed in Ne NPDES mgulations or by \\ Standard constrict Claseflication(SIC)code .TM1<follOwing categmnes of indmtries arcrally required sede an industrial Perrot anutazmrmg, cracking m mkin ecyclmg, mdw antlhazvdous azte management. Specific exemptiana exist for manufacturing activities which occurarnifely indoors Permiaees are required m: smbmh a Noone of Imaluo be arttl must pada permit fee ol Na gate Wesel op batl Resources Control Board, l lmpiem pollution prevention water duch ct rormwamr water discharges, conduct runoff site itest s, rain Plan, eliminate note employees in com compliance, samplesme waveroard add test dfar pu!Iwant it annu indicators, and annually submit a rcpon to Nc State Board. or S69 Q.OLFoR FRP560,CAOPTO,(559') 156Tend -Fee (wo,456.31C rw slew eaeumme FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 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 Some General Permits, eliminate the potential for non. stoml water to enter the municipal storm drain system, and where passible mihMia contact with materials which may contaminate storm wseer mnoff. 8. A requirement of the District may be appealed by fiilinga written notice of appeal with the Secretary of the Giant within tem days of the date of this Notice of Requirements. 9. The District reserves Ne 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 equUeme arts made by other agencies. 10. X See Exhibit No, 2 for additional comments, recommendatiotL9 And requirements, Ad`E.I Je f Ad District Engineer Project Engineer: Rick Lyons Provost & Pritchard 296 West Cromwell Ave. Fresno, CA. 93711 muen 5N96OLIVE -FRESNO, CA 93n7 -dint 95a -Ven VAX (55914'.0.119! FwWdeJE w%tnt LEGEND Mester Plan FaaGBes To Be Ccohni erw By Developer �—-Pillatim Mae SXown)& Ink[(Ellgrole For Fee Creme. Optimal Minter Plan Fal To Ba CMavuMeb By Developer - Podim (Sze Barren) E lEbla For Fro Credit Master Plan Fazifi sTo Be CresWe By Genual uMAal snna Onarra. Master Plan FxXiXm To Be Cons W aetl By Berehpm WTraa S/lB. 0.-- Easel Mamei Plan Fmb4m Nom — F.Lre Meaner Plan Faolitim Carnal PW Faoliees To Be Consuuaed By Developer (NM Biglble For Fare Cral w. Dal O(Cralnega InMBwnaay —...— CainaDeArea Brwbary IXNIBR.NO. Sl FRESNO M£TROFOLITpN FLOOD CONTROL TRACT 5652 BEA MACE AELI: "PA" DISTRICT OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage fee identified on this revised Notice of Requirements for Tract 5891 has been computed at a ram commensurate to the calculated composite land use for this development. The DismuVii Master Plan has been revised to accommodate the densities proposed for this project. The cost ofoonstmctum ofMaster Plan facilities, excluding dedication of smmr drainage ea dowdea, s eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executedwah the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that developer's Master Plan costs forms individual drainage area exceed the fee ofsaid ere- Shouldtbe facilities cost for such individual area tail less than the fee ofsaid area the difference shall be paid upon demand to the City/Cowry or DismCL A minimum fifteen -fact (15') wide storm drain easement will be required whenever storm main facilities are medical on private property. No encroachments imm the easement will he p rbanded including, but not limited to, foundmims, mofoveiungs, swimming pools, and notes. ne easement may he slightly realigned m accommodate future development, provided thepmperty, caner accepts thetesporsibility to grade the property such that the drayage from the property will reach inlets cnthealtemam pipelinealignment, andu cams anyaddition d costs krthecorrstmction ofadditional storeadrain facililimthat maybe required. Anyproposedsoma dram alignments must be reviewed and approved by the District. The District squires that the developer of Tract 5891 provide a stub most at Let 582 to provide a means of drainage For jar storm events. Ifthe stub street is not provided the developer will be required m pmA& a storm drai nage chamal to provide a method of conveyance for parcels north of this project during a major storm event. No surface runroffstall be directed towards the alleys. The consumerism of the Master Plan facilities labeled "Optional Master Plan Facilities' shown on Exhibit No. I will provide p armament drainage service to the easterly portion of Tract 5891. However, if the "Optional Masmr plan Facilities" are not constructed, the District reconm ends temporary Facilities until permanent service is available. The Cenmal Unified School Diana will install the Master Plan facilities in Bryan Avenue that will provide permanent service to the westerly portion of the marc Shoald these facilities not be cowmmmd prior to development the District recommends temporuy seryice until remanent service is available. Developmem Na. Tract5891Rev.2 x.P, Irl.2e3bIc,Twmsrvi ea as.dXej) OTHER REQMEMENTS EXHIBIT NO. 2 Some of the areas of Tract 5891 are shown with proposed alleys. The proposed alleys must have capacity to carry the necessary flows, particularly if part or a I I of the lots drainage will be directed toward the alley. Also, the major storm flows must be directed toward major streets and the major streets must be designed to accept the larger capacities of the major storm flows. The smaller streets with wedge curbing arc of insufficient design to tarty the capacities of the major Arms flows. The developer is required to provide average in Basin TCY' by excavating 41,000 cubic yards as directed by the District in an excavation permit obtained from the District If stockpiled within Basin "ED". the developer will be eligible for S 1.40 per cubic yard credit The District rcservesthe right to delete this work prior to the developer initiating work. Prior to any work being initiated in the basin, the developer or his Contractor shall obtain an excavation permit from the District. if the work consists solely of stockpiling material excavated from the basin within the basin, there is nota permit fee. However, if my material is removed from the basic (off-site), a permit fee shall ha paidpdorto receiving the permit. No importing ofmaterial is Permitted to an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and nrroff and thereby prevent the conveyance of contaminants in nmaff into the storm drain system. The District encourages, outdoes not require that roof drains from nonresidential development be wnstrucmdsuch that they are directed onto and through a landseapedgmesy swale areato filrerout pollutants tram roof runoff. Rwoff from areas where industrial activities, product, or merchandise came into contact with and may contaminate storm water must be directed through landscaped areas or otherwise mated before discharging it off-site or into a smrm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be rtquired unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated rurefffiom such areas that directly connect o the District's system will not be permitted. Loading docks, depressedareas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said indi smad site NPDES program requirements are available. Contract the Disinct's Environmental Department for further information regarding these policies related to industrial site requirements Page'_ of Development No. Tract5g91Rev2 x♦ParrAt Ectsela...%sssI,.,sen d0sri City ppatCCccuu��ar FRESNO Sl rev e S E DEPARTMENT OF PUBLIC UTILfTIES- WATER DIVISION On arxvm, dois DATE: October 13, ]008 n«wswnmwws. TO: WILL TACKETT, Planner III Department of Planning and Development, Planning Division FROM'. MICHAEL CARI3i Supervising Engineering Technician Department of Public Wllllee, Water Division SUBJECT: REVISED -WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 589111UGM The following conditions are required to provide water service to Ne race. 1, Consbucta 14 -Inch trammisslon grid water main including installation of Cly Ore hydrairl in West Gentysburg Avenue from Norlh Hayes Avenue west to Norm Bryan Avenue. 3. Construct a water supply well(s) on a ette(s) dedicates to the Cly Of Fresno. no well(a) shall be capehle of protludng a total p 2,000 9albm per minNe, Well epee shall ba of a Me and at a location acceptable to the Water Systems Manager. The cost of ouquldng the well assist and construction Ofthe well shall be relmbumed from the UGM Water Supply Well Service Area Fund 301 s, M accordance with established UGM policies. 3. Water wall construction shall include Wahl Internalfadllithat ITrequired. The cost for constructing wellhead treffinere fadthee shall be reimbursed "in UGM Wellhead Treatment Service Area Fund MIS, In aaprdance with established UGM hallo. 4. No accupandes will be permitted Prior to the sa0sfadien of the water supply requirement. 6. Develop and Implement instil on measures to offset groundwater pumping equivalent to the trep'a annual water demand at Will plus 15%. These mIDgaton measures include the use of FID surface water for ImgaBon, Installation of low flaw f tures, the use of artificial owns for landscape, and the use of evapotranspiration cpntrpler s The mitigation measures shall he nuhject to prior approval by the Water Systems Manager. 8. The development shall design appropriate lrRres"mure to facilitate water consumprlan at a rate M 143 gainnerhermNday. 7. Separate water Services wHM1 meters shad be provided to each lot created. 8. Two Independent sources of water, meeting Federal and State DnI Water AG BWndards, are required to serve the trap Including any subsequent phases thereof. The two -source requirement may ha accomplished through a combination of water mein extensions, construction Of supply walla, or other acceptable sources of water supply ♦vaorxweccomnem>wPweaaser 101308 w, approved by the Water Systems Manager. g. All public waterfacilkes shall be constructed in accordance math Public Woda Department students, specrIcationa, and poecies. 10. Seal and abandon dusting on-ses well(s) in mmpbance with the State of Califomia Well Standards Bulletin 7480 or marten revisions Issued by Caltomia Departnent of Water Resources and City of Fresno standards. 11. All proposed water main saeemend shall to dear and unotetruCted by build8gs or chair structures. No farting or wa0 shall ether shdow or the located Stove that water main. The phasing plan for any proposetl landscape within the easement shall be approved by the Department of Public Utilities. No bees shall ba locatetl wXM1N B lest of the water main. All water mains within an easement shall be Deady marked with signage above indicating the exact location SrW type of facility below. 12. Construct a reddmed water system In pudic rgha bfl vay to Nifze future teNary "Ma waste writer for ["sp m img"on pNpesea. Design Of h19 Rda rued WBte( mains will Da subject to approval by the Assistant Diredat of Puddle Willies. r.warimwamcomn�mwn�.ammr ranm.eo< City of re��a��t�2G Date: January 2, 2008 To: ROBERT LEWIS, Separating Plaocer Planning Division //%—�/� From: DOUG HECKER, Supervising Emgivxring Technician Public Utilities; Department. Pissing wail Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR VPSTEVGTENTATIVE TRALT 5891NGM, RFZONBJG APP. NO. R-09-29, PLAN AMENDMENT APP. NO. AM -08 AND CONDRIONAL USE PERMIT C -0Z308. Gareth T-5891, A-0)-008, R-02-029, C-0]-305, for approximately 130 wares of land located haween Weal Gettysburg and West Ashlar Avenues and North Bryan and NOM Heyes Avenues, proposing a fib) -Ian planned development subdivision. A-02-008 is a request to emend 225 Fresno General Plan and West Area Community Plan farm Neighborb em Commercial plu designation to Medium Density Residential plea designation for 10 Cres (APN 311-070-29.32 and 39) and Medium Density and High Density Residential plea designations to Neighborhood Commercial its for 5 acres (por APN 311U 0-50). R-0]-029 requests to change than acting from RR County. R-1-UGM, R-2-UGM and C-1-UGM to C-1-UGM Neighborhood Slopping Center-Udun Growth Management zone district (poor of APN 311-0'10.50). R-1-UGM ear R-21nw Density Multiple Family Residential sone districts (AeFN 31 t-0 Ml, 0],17,19, 39, 48, 50 dead 54). C-09-308 is a reques to allow too reduced lot width, depth and sethazks and including public A" vehicle and pedmuis access. Sanitary Sewer StrWtt The nearest senimry, sewer mains on serve the proposed protect ere a 154nch maim located in West Gettysburg Avenue and an e-inwh main located m North Bryan Avenue, The following sewer improvements shall be required prior to providing City sewer service t0 the p len: I. Construct I8 -inch wad 15 -inch sshary sewer mains in West Milan Avenue between North Bryan and North Hayes Avenues. 2. Construct an 9 inch starry sewer main in North Hayes Avenue from West Asldan Avenue north approximately 1.000 If. 3. Sanitery sewer mains shall bei extended within the proposed tenet to provide sewer service to each lot crashed. 4. Separate sewer house branches shall be required per each la txamd 5. Abandon all existing on-site private sewer septic systems in accordance with City smndanda,specifications. andpmliciea. b. All public sewer facilities shall be constructed in accordance with Depmtmem of Public Worts sessions, specifications, and policies. 7. All underground street utilise; shall be installed prior to permanent strwt paving. S. Street msementssNor deeds shall he nambee! poor in approval of improvement plans. 9. Frumneeted improvement plans prepared to Ciry Standards by a Re¢n¢red Civil Brower are requited for proposd additions to the sanitary sewer sysxm. 10. A Preliminary sewer design layout stall an prepared by she Developer's Englncer and submitted to Ne Deportment of public Utilities for review and conceptual approvals poor as submiad or acceptance of the developers final map and engineered plan & profile improvement drawing for City review. Sanitary Sewer Fe® ne following Sewer Connection Charges are due and slxll he paid for rhe Project I. hteral Sewer Charge. 2. OversizeSewer Clurge. 3. Oversize Sewer Area: #39 4. Trunk Sewer Areae dand 5. Sewer FacilityC ge(Rcsidentialmay) IT mr. DEPARTMENT OF TRANSPORTATION — - -- - -- 13nWESrOLIVEAVENOE _..- P.O. BOX 1MA FRESNO, CA 9377H2616 PHONE (559)488-1542 FAX(5Ab4884088 _ de en rp lend lT' (O9t4RE 0e6 rl Apd14. 2008 _ 2131-IGWCEQA (-FRE-99-265+L A-0"IA08, R-0]-029, C-0]-308, T3891, &TIS MCCAFFREY MIXED-USE SCH k2007121045 Mr. Will Tacker City of Fresno Development Department 26M Fremet Street, Third Floor Float, CA 93721-3604 Deo Mr. Tacked Coffams las received the plan amendment, tonne, use pernp, tract map, and Traffic Impart Study ('HS) for the mixed-use PMp%A located bnween Wes Gettysburg and West Aoldm Avenues, North Bryan and North Hayes Avenues, Capture; beat the following commands The project is expected to generate 546 AM and] 854 PM Peak Hour trips. The pmjeot's TIS indicates ❑at project hips would impact the State Route (SR) 99 interchanges at Shaw and Ashlar Avenuas. Table VII of the project's TIS includes the "Me consultant's calculations for mitigation to rile State Highway System. There arc several discrepancies in Figure I O's peak hour numbers when comparing those shown in the 2025 Select Zone &swings of the SR 99 and Shaw Avenue Intersection. Calcars therefore recalculated the fair share, using me Cordran of Fresno County Governments' values ever those in me pmjeots TIS. Using the City's Femme, we have determined that this p wish's proportional share to mitigate for impacts to the identified interchanges is $11 I,OMI, as presented in the atmchttl table (Attachment Number 1). The City should comidera transit alternative for this project. There is sufficient development m this pcneml area to suPWn remit, and earlYPlamdng mad make such an alternative feasible. Caltrans ends that Nre is project be muted to Fresno Area Express (FAX) staff for their review and comment Pleare see Atmchment Number 2 for Other recommended masa oration alternative. If you have any questions, please call me at (559) 4884342. Sincerely, j tOC!aEfTSrTaRvUspoBffnaCdH Moo Distinct o n PlamGdn g 6 AnachmmLv C Stour Cloaxonghamu Mc Sentimental City ofPremn Public Works Communist Mr. Bryan Jones, City of Fresno Public Warks Department Ms Barbara Goodwin, Council Of Fresno County GwemmenL+ cmr.,HMro....auuww�n recd .�a" ! }{ ! {( ! f�®z, \))\{ \�) ( 4.j®> \ } }{ {( /JJ |(|\! } \ \} TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including dis project, will make traffic operations significantly worse byaddingconsidembly to delay and congestion. Transit alternatives am help reduce congestion and delay and reduce overall degradation. of an quality and gridloticed intersections. The City of Fresno should focus on ways to eliminate trips in addition to eMuncing capacity, Trnnspertauon altemadves thr Ciry should consider include standard highway solutions Wong win the following: 1. Park and ride facilities on site or within the proximity of this project 2. Amrdy of me general accommodation and provision of mass tamit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be Endorsed through an assessment distant end provide a way for individuals to utilize a park -end -ride facility or commercial area parking lot and be shunted to various eommerciaPoffice centers within the area. Commuters who nerd to go further could use City of Fresno tansitifthe City planned for convenient connections. Thismayhelpmreducethe Single Occupancy Vehicle (SOV) demand seeking to use the State Elighway System. 4. Providing for continuity of don -motorized transportation. S. Exploringthe potential for trap]oyer-spomored caryools/vatryools or monthly, transit passes for employees as well as including as a condition ofpmject approval a covered transit stop as midgetion for project -related impacts to the trensportatioNcircWefion system. 6. Exploding the potential for linking the purchase of a monthly transit pass with new residential development as parzial mitigation for congestion end air quality impacts, and to emwe Me long terror viability of public transportation. FPacific Gas and Electric Company, December 12, 2007 Koo vauanir �n� a SB36]5161 F Na.lhn MII FaP66P9e.am �s°;ao' Development Department DEC 79 2007 Engineering Services Division ptann�Fla,, m o Land Division Section Clay OFaebpa nnt➢apt 2600 Fresno Street, Roam 3043 F9esNO Fresno, CA_ 93721-3604 Ann. Dave Braun Deartgave PFanw��� ear -cern We have received your request for comments notice for fine TentativeTract Map No. 5891. OUR FILE: Hamden- Kearney 230KV Tower line Thank you for fine opportunity to review and comment on the Tentative Tract Map No. 5891 Pacific Gas and Electric Company (PG&E) owns and operates an electric transmission tower line located within the proposed project's boundaries. To promote the safe and reliable maintenance and operation of utility facilities, the California Public Utilities Commission (CPUC) has mandated specrfic clearance requirements between utility facilities and surrounding objects or construction activities. To ensure compliance with these standards, project proponents should coordinate with PG&E early in the development of their project plans. Any proposed development plans should provide for unrestricted utility access and prevent easement encroachments that might impair the safe and reliable maintenance and operation of PG&E's facilities, PG&E hereby reeuests that the locations of each steel tower facility be deliniated upon Me map. PG&E maintains that the location of the easement is monumented by the existing steel towers and their canceled centerlines on the oroperty Ifs imperative that PG&E review all improvement Plans Prior to any conduction activity proposed within our easement area. Some examples of activities that could have an impact upon our facilities include pennanent/temporary changes in grade under or over our facilities, construction of structures within or adjacent to PG&E's easements and planting of certain types of vegetation under our electric facilities. Developers will be responsible for the costs associated with the relocation of existing PG&E facilities to accommodate their proposed development Because facility relocation's require long lead times and are not always feasible, developers should be encouraged to consult with PG&E as early In their planning stages as possible. Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In adpdicn b adding new distribution feeders, the range of electric system Improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capacity, and building new substations and interconnecting transmission lines. Comparable upgrades or ablutions needed to accommodate additional load on the gas system could include facilities such as regulator stations, cdonzer stations, valve lots, distribution and transmission lines. PG&E remains committed to working with the City of Fresno to provide timely, reliable and cost effective gas and electric service. Please contact me at 263-5169 If you have any questions regarding our comments. We would also appreciate being copied on future correspondence regarding this development Sin�cev/Iy, l �L yle Patten Land Agent COL County of Fresno DEPARTMENT OF PUBLIC WORKS ANO PLANNING OA 1 ALAN WEAVER, DIRECT OR FRE � TO: Consumnts, Developers &Engineer FROM: Road Maintenance & Operations I Development Engineering Plans Review 8 Approval SUBJECT: Ommlopmends Proposed In County Areas & Proposed For Annexation The following mrphimm are Moment of devetc mert pmjW plans for connection of adjacent to County auras where rimed for annexation i=inot ro mted dlias: 1. Rued dmomvemem Part Any womlt required within OR orienting M the County dghtbf-way will require review, approval and angpaglment peau isswnm from County Road Maintenance & Operators. • S nplrg Bars as pad of matt improvement dans shall be submitted. San sttaMed g1SONSt. NOTE: Traffic control devices opposed razi.MS OMMVar STOP sans, NO PARKING and trd(ic signals Trarequire EoaNOfll hereamel"aw phos a don appovaVDamhlswaree. Pllow &0 days for MeaDamvpl. • genelcgWin W adspqul NM{lere mom llla(110 VIpYpeak lou/ilm¢nSCC1i0090r 1001d[oltlays am A pemmd e a mad rMe wt of$ stolon check rewlew fee pf$1.9001a required wiM Me to submittal for We introversion dant 2_ Utility Plan Pmposed or ROuired ml0gdom and urdel9rouMing am to We submidM with the I" submNal of Vie plans. Submittal of dans from the affected ueltty, company wiM the 2nd suCmiVal is requlned poor to plan review. • A plan check mvMw has d $&Id la resulted with the 1e submX l for Me Encroachment. 3. Gradiro Plans • Where adjacent to County areas. dans shall be submitted and reviewed by Me Gevebpnant Enginwedng Sepron of County Odom Words Annexamm decline sm ttpuined Icr vedAcntion of th drips Or work IS be nwiesed. approved ars Moa . A sodding voucher will Issued upon submitted Of adequate idpaatdn [per the attached list) and approval Dior to grading in areas pMposed for ami%orlon LOtdng pallors for adjacent Maps pmpmel shall be proli where aXMttl by proposed demboomems. C. Tfalflc CoMml Mom I Road Cbsuntp • Staff requires 48 hours sirnew time LOm submittal IS Defense for TCP Comm) Plan) Division. • Lane closures ane tydcalty limited IS tmmort Me hours of 9:00 am and d: b0 an No demurs are permitted polo County of Fmevo madways that are not stoped. Signs In the County's judschoon mist be on pose where remaining in place longer than three days. • No ahawnt Medway Is to be Msa] wnartemly With an existing Or [Opposed COSOM • Advanced rotlfrc2bn by Me developer/wmra or is b Me given to popeM miners, affected bOslnesses and Me mohmng pudic ageged by an wormirgllmparcl g proposed donde. • TCP's are requited b Defect the most anent eddbn tittle Cdllbmia M.U.T. C. D. If any of the formed tlpwm Or deWur Mute is shown to be within a joint jurisi igpnal area, adnpramNx and apmemenlw " affected agency, Is settled. Closures pmspool M be Img tea most have a wmMugion schroule submitted will Me pM(Asal b Justify tow duration requested. Uquidamd damages at Me mate of $I,Mday will be charged for m awns exceeding the allotted period approved Wth the TCP. AVWmme Peet MSp Rn COMLiµ Mw Engr. Gra9re Vw wChwillvl 11119,2037 ROAD NJJMENPNCE & OPERAVri DIVISION n3o ilii So -H S'm�Flrv/ Opix ,ry.AaWRl/Plime 1a59lad er FA%IDE<109 as EquY Empbynwnl OppuWnlly Am+nativ pcom.PeEltl Empery PLAN CHECK PROCEDURES & CHECKLIST FOR IMPROVEMENT PI -414S AND ENCROACHMENT PERMITS MAINTENANCE S OPERATIONS DIVISION DEPARTMENT OF PJ81JS WORKS AND PLANNING Completed By Date_ The following checklist must be Completed before plans Can be accepted for review. Date accepted for review: By: Screening for Plan Acceptance Oona WA (Ihd[.) { ) ( ) 1) Pre—'Plan Preparation" Paid with eppmprlote isil (lea) and engineering consultant staff held on ( ) ( ) 2) Show existing and proposed right-o4wayon plans. 3) Argon Conditions of Approval for land use entitlements to plans and mitigation measures if applicable. ( ) ( 1 4) Show 'existing', 'propi to Be relocated' and-tobe removed utilities antl Inigatlon facilities on Ne plans (The 'Developer is responsible for relocating any existing utility and Irrigation facilities (within the County rood righto6way) to the correct alignment and Woe.) 5) Provide written verification from all affected utility companies that required pole relavilon design has Commenced and all associated engineering fees paid. ( 1 ( ) 6) Plans should be reviewed for existence of longitudinal Irrigation facilities within pniv IT shown, special approval should be Cleared before acceptance. ( ) ( f y) Pians should Include a valid stamp and signature. Y ) ( ) B) Provide Signing and Striping Plan showing existing pavement width, signs, and markings fora minimum Of 300 (500' Counted) beyond project limits. ( 1 ( ) 9) Provide note stating that a County encroachment permit Is required. ( f ( ) 10) Provide digital photos of the proposed product site ) ( ) 11) Attach Traffic and Cglneenng Study for new tntere ion controls praposed(All way stops and Traffic Signals). Use Call Traffic Manual warrants. 12) Show existing topographic Information and show date in when data was Collected on Glue sheet ( ) ( ) 13) Provide structural section calculations to include 0.20 safety factor for County mads. ( 1 1 ) 14) Provide documentation tot proposed annexaeon. ( 1 ( ) 15) Show lunsdebunal Imes ICdy 6 Coonly) to Include proposed annexation ( j 16) Allow a minimum or lour weeks for boaro Or SupervlmrA wnhcnzatlon fpr any pmposed Conal lights, stop signs. yield sonic, speed zones or no parking zones eensq ree u taEwsoolvdleelui II N AN yn Paot:en FPc 000 PLAN CHECK PROCEDURES & CHECKLIST FOR I MPROVEMENT PUNS& ENCReµMMENr PERMITS MAINrENANGE a OPERPTDNS DIVISION DEPARTMENT OF PUEUC WORKS PWINING Prefect: Completed by: Engineer. Date The following checklist will be completed batons improvement plans can be approved. Done NIA lint.) A. Plan Review Elements 1. Cross slope: ( ) ( ) a)2% for new road (ruml & urban areas) ( ) ( ) lot 2%b3% for new mad (mountainous area) ( ) ( ) r.)1%to4% for existing road (50'-60'nghtabwzii ( ) ( ) d)1 fl, to 3% for exishi road pri 10'dght-of-wary) 2. Side slope: ( ) ( ) a) Rural area: 2.1 maximum for fill slope;1.5:1 maximum for M slope, AD dike for fIt> 3' and shoulder siope> 4:1 ( ) ( ) b) Mountainous area; 21 maximum for fill slope> 5', 1 Pi; 1 maximum for fill slope a5'; 1 h 1 maximum for cul slope ( ) ( ) c) Setbada from polarity lines 3. Minimum culvert size: ( ) ( ) a) 18' eager FMFCD boundary ( ) ( ) of 1 S within FMFCD boundary 4. Curb return radius: ( ) ( ) a) 20' for local to local connection ( ) ( ) of 25' for local to collector or arterial connection ( ) ( ) of 25' for collector to callectar connection ( ) ( ) d)30for atlantal to collector connection ( ) ( ) e) 30' for arterial t0 enteral connection ( ) ( 1 f) 30' for Industrial mad g) 40' for AC road approach 5. Vertical curve: ( ) ( ) a)Major road- Algebraic difference In profile grade >0.5% ( ) ( ) Ill Local mad- Algebraic difference in prole grade >1.0% 6. Horizontal curve: ( ) ( ) a)Major road- deflection angle >US' ( ) ( ) b) Local mad - deneodon angle i 1.0' T. Curb and gutter plan: ( ) ( ) a) Show proposed top of curb profile along site frontage. b) Show existing combine profile along site tentage Include at least 300' beyond each end of property or to existing cup whichever Is feasible. ( ) ( ) c) Show existing edge of pavement prefile along sate frontage. Include at least 300' beyond each end of property or to existing curb, whichever is feasible. it Par l off ( ) ( ) d) Provide a minimum of SP pavement transition at each end of proposed curb. ( 1 ( ) e) Install wheelchair ramp at all curb returns. ( ) ( ) f) Provide a minimum of 0.2' fall around curb return and along valley gutter. ( ) ( ) g) Delineate existing and proposed curb/gutleq sidewalks, driveway approaches and pavement limits on the plan. ( 1 ( ) h) Curb s gutter grows shall cordons to FMFCD Master Drainage Plan. ( ) ( 1 p Curb B gutter plans must be submitted to and approved by FMFCD. ( I (I j) ereakover angles. a. Flood hazard: ( I ( ) a) Submit drainage study. ( f ( f b) The hinge point of proposetl read shall be a minimum of 12" above the 100 -year high water level (site within FMFCD boundary excepted) ( ) ( ) c) Runoff from the development should be kept out of natural sables which drain to downstream areas as much as practical. In any rase, this mnoff should not exceed pre -development opirmi ns. 9. Drainage: ( ) ( ) a) Provitle AC gutter dike or eroded corms at profile grade steeper than t%. ( ) ( ) b) The hinge point of proposed road shall be a minimum of 12' above the gutter Marine. ( ) ( ) c) Spillway of drainage basin shoo be a minimum of 6wide and 2:1 maximum side slope. ( ) ( ) d) Submit drainage and grading plan showing how runoff will be taken care of without causing problems to foods or other properties If draibing to natural channels. ( 0 ( ) e) Show contour lines or adequate elevations on the plan. 10. Minimum gutter slope: ( ) ( ) a)0.15% for did gotten, prefer 0.20%. ( ) ( ) b) 0.10%for concrete gutter, prefer 0.15% 11. Minimum structural section: ( ) ( a) DA V AGo.35 Agog 50' compacted native soil (95% compaction) on inlencrroad_ ( ) ( ) b) 0.9' ACJo.35'A8f0.50' compacted native soil (95% compaction) on existing County maintained read Provide structural section calculations. 12. PM40 Standards: a) Show pavement width to be a minimum of a 12' travel lane plus a 4' paved shoulderfor ADT less than 3000. ( ) ( ) b) Show pavement width to be a minimum of a 12' travel lane plus an 8' paved shoulder for roadways win ADT greater than 3000. NOTE: a 17'travel way with an AC dike may be used in lieu of me 12'+8' listed above. The dike must be mountable with a 4:1 max slope for parking or de Type 'A' Dike is proposed, Bound of Supervisors approval Is required for prohibition of parking. 13. Traffic Engineering Design: ( ) ( 1 a) Provide all supporting information (auxiliary lane justification, intersection control warrens, Speed zones and parking prohibition) NOTE: ROS approval is required for prohibition a parking in excess of 200 feet in length. ( ) ( ) b) Show stop signs for cross ctreets that intersect through roads. NOTE: Slop signs for cress Streets other Nan through roads must be approved by the SOS. ( ) ( ) c) References plans to County of Freenm Improvement Standards, noting design speed used ( ) ( ) d) Show transition lengths based on the formula L=WS per Caltrans Design Manual. ( ) ( ) e) Show all bay tapers to co 1201 l 1 ( ) 0 Show and label all existing sigi summing and pavement markings within a minimum of 300 feet of the limits of construction (including street name signs) and net whether they are to remain. be relocated or removed. ( ) ( ) g) Show, label and dimension all types of sloping. ( ) ( ) h) Show and idenOfy proposed appropriate signing and striping. Fnx 2 ofil ( ) ( ) i) Show all signs to be located In the right-gf-way, and show that They are adequately eloble. ( ) ( ) I) Show adequate intersection sight distance within rfaht-of-wav for all interseclums and driveways. ( ) ( ) k) Show all obstructions to be removed or relocated to a minimum of 4' from the edge of pavement including utility poles. ( ) ( ) I) Provide 10' minimum clearance between edge of Pavement and rightN-way unless otherwise approved by this office 14. Traffic Signal Design: ( ) a)Provide GY screetnamesignsmountedanmastarms - ( ) ( ) b) Show all signals to have 12" LED. ( ) ( ) c) Show pedestrian signals except a rural locations will pedestrian trump. ( ) ( ) d) Show loop detecters to be instated in PVC deo 1. ( ) ( ) a)Show appmpriate loop detector spacing based on speed limit or maximum speed. ( ) ) 0 Show all signal conductors to be contained in cable (vehicle-], pedestrian 5, PP&3). ( ) ( ) g) Show far and Intermediate detectors for all approaches who speed in excess of 40 mph. ( ) ( ) h) Show signal poles to be 3.5' minimum (4'prefeped) from edge of pavement or face of curb, whichever is greater. ( ) ( ) i) verify that signalfacilifies will be compatible with ful improvements. 45. Schools: a) Provide all pertinent support data. 1. School Pedestrian study. a) Sidewalks. IS) Suggested mute to school, 2. Pedestrian volumes. 3. School attendance boundary. 4. On-site circulation for staff, buses, parents and students. is. Utilities: ( ) ( ) a) General nates should require a USA check, and a statement that any obstructions in the headway shall be miscount groups he paved area. b) Utility, company pole relocation and required infrastructure Installation plans corresponds win proposed mad improvements. 1T, Other: ( ) ( 1 a) Record drawings or certification of compliance(from Engineer of record)may be required upon completion of the improvements wit the road right-of-vray. ( ) ( ) b) Review access points for compatibility with County road classification. ( ) ( 1 c) Complete set of original plans should be submitted for County approvagsigning. ( ) ( 1 d) confirm notification to properly owners. Page 3 of PLAN CHECK PROCEDURES 6 CHECKLIST FOR IMPROVEMENT PLANS AND ENCROACHMENT PERMITS MAINTENANCE AND OPERATIONS DIVISION DEPARTMENT OF PUBLIC WORKS AND PLANNI NO Completed by: Date: Dona N/A (Init.) B. Permit Issuance Conditions: ( ) ( ) a) Board of Supervisor's Consent for any City RNV acquisition. ( ) ( ) b) Copy of recorded deeds for all RNV acquisitions. ( ) ( ) c) Board approval needed for new stop sign or signal installation prior to plan approval. ( ) ( ) d) Section A.17.e should be accomplished. Comments: ( ) ( ) d) Construction Schedule to include time for utility relocation ( ) ( ) a) Additional Requirements Note: Contractor/Developer should be reminded that two (2) sets of the approved plans should be submitted to the County of Fresno Department of Public Works and Planning, Read Maintenance and Operations Division before any encroachment Permit will be processed. REVISED 10,07 G Pr w Cs PROCEDURESSm Page 4 of CO 0 R ' December 14, 2007 Will Tacked City of Fresno Development Department 2600 Fresno Street Fresno. CA 93721 Dear Mr Tackett of Fresno DEPARTMENT OF COMMUNITY HEALTH EDWARD L. MORENO, M.D., M.P.H. DIRECTOR -HEALTH OFFICER 999999999 I.WJI4H5 PE2WE PROJECT NUMBER: T-5991, R-07-029. C-07-300. A -07 -DOE, The McCaffrey Group PROJECT DESCRIPTION AND LOCATION: Proposes a 647 -lot planned development subdivision on 130 -acres and associated rezoning located between West Gettysburg and West Ashton Avenues, and between room Bryan and NOM Hayes Avenues. LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT. PLEASE LIST SPECIFIC MITIGATION MEASURES THAT YOU WOULD RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS. [ AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental Impacts. [XJ A NEGATIVE DECLARATION: The project may have adverse Impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environmental Impact Report- J NEITHER OF THE ABOVE. INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS The following additional informatirn should be proraded • Construction permits for Ne 6474ot planned development subdivision should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWOCB). For more Information, contact staff at (559) 445-5110. • Construction permits for the 6474ot planned development subdivision should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services. Division of Drinking Water and Environmental Management (DDWEM) For more 'mtorma0on call (559) 447-3300. UeCicafeG to Community Health 1221 Fulton Mall / P.O, Box 11867, From, GfFomm 93775 / (5591 14E-32all FAX (5591 445 317 0 Equal Fmpmvmantoppon4nlNAfirmanae Mtlan olca6lNEmpbver .ww.freamboraiwarisea.om Will Tackett T-5891 The McCaffrey Group December 14, 2007 Page 2 of 3 • The Fresno County Department of Community Health is concerned that abandoned water wells are not being properly destroyed particularly with respect to new development projects. As city boundaries expand, community services are provided to areas originally served only by individual domestic and agricultural wells. Improper abandonment of such wells presents a significant risk of contaminating the city's community water supply. For this reason, when development occurs, it Is extremely important to ensure the safe and proper destruction of all abandoned water wells. Prior to destruction of any existing agricultural well(s), a sample of the upper most fluid in the well column should be sampled for lubricating oil. The presence of oil staining around the well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found 1n the well, the ell should be removed from the well prior to placement of fill material for destruction. The 'oily water" removed from the well must be handled in accordance with federal, state and local government requirements. Transportation of these materials an public roadways may require special permits and licensure. The Department of Community Health Is available to provide consultation in cooperation with your city In order to encourage the proper destruction of wells and safeguard our water quality. City staff may contact Ed Yamamoto, Environmental Health Specialist, Water Surveillance Program, at (559) 445-3357 for more information. Appropriate measures should be incorporated Into the project to minimize potentially significant short-term localized noise impacts to noise sensitive receivers caused by the operation of construction equipment. Construction specifications for the project should require that all construction equipment be maintained according to the manufacturersspecifications, and that noise generating construction equipment be equipped with mufflers. In addition. consideration Should be given to limiting noise -generating construction activities to daytime. boors as specified in your municipal code. • The conditions as absorbed In the Yonckenons and Recommendations'section on page nine (9) of the Accustic..l Analysis prepared by Brown Bunfin Associates, Inc., dated June 1, 2007 & revised un November 8, 2007 Should be accepted as mitigation measures for the project. Without these measures the proposed noise sensitive receivers will be subjected to a level of noise in excess of the City of Fresno Cards Element standards. CQuireenesConcerns Specific to the Proposed Rezone: • Since specific tenants for this application have not beenIden iiFled, the full range of C-1 uses will be considered. The potential adverse impacts could include (but are not limited to) storage of hazardous materials and/or wastes, storage of medical wastes, and potential noise nuisances Recommended Conditions of Approval Specific to the Proposed Rezone Should a recall food establishment be proposed prior to Issuance of bulldino permits, the tendril shall submit complete food facility plans and specifications to the Fresno County Department of Community Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at (559) 445-3392 for more information. Will Tacked T-5891 The McCaffrey Group December 14, 2007 Page 3 of 3 • Prior to operation, prospective tenants may be required to apply for and obtain a license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 2256334 for more information. Prospective tenants should be advised that construction and operating permits may be required by the State of California, Department of Health Services for wholesale food manufacturing. Contact the staff at the Division of Food and Drug at(559)445-5323 for mom information. • Certain uses allowed may utilize underground storage tanks. If such a use is proposed, then prior to the Issuance of building permits, the applicant or future tenants shall submit three (3) sets of complete plans and specifications regarding the Installation of any underground storage tanks to the Fresno County Department of Community Health, Environmental Health Division. Contact the Certified uniffed Program Agency, at(559)445-3271 for more information. • Certain uses allowed may utilize hazardous materials or create hazardous wastes. If a tenant with such uses Is proposed. then prior to occupancy the tenant shall complete and submit either a Hazardous Materials Business Plan or a Business Plan Exemption form to the Fresno County Department of Community Health, Environmental Heal Division. Contact the Dodged D hired Hazardous Program Agency at(559)445-3271 for more information. • All hazardous waste shall be handled In accordance with req unemene set fodb In the California Health and Safety Code, Chapter 6.5. This chapter discusses proper labeling, storage and handling of hazardous wastes. Future tenants may be required to obtain a Medical Waste Person from the California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information. REVIEWED Bi'. 1— Glenn Allen, EnHir nimental Health Specialist III (559)445-3357 cc. Ed Yamamoto. Environmental Health Division saes+ mewccanm cmun u Llnm s. kure Sttnu Rr Enr,mmmenml P"cooion January 7,2008 Department of Toxic Substances Control Maureen F. Gi Director 8800 Cal Center fine Sacramento, California 858263200 Mr. Will Tackett City of Fresno Planning and Development Department 2600 Fresno Street Fresno, Callfomia 93721 EARLY CONSULTATION FOR THE A-09-008: R419-029: C-07308 8 T-5891 PROJECT (SCH #2001121045) Dear Mr. Tackem. The Department of Toxic Substances Correct (DTSC) has reviewed the document described above that proposes building ro sitlential housing an agricultural land. DTSC recommends hat research be conducted to determine whether pesticides were used on the proposed development site. The site should be evaluated to determine if and where storage,mixing, rinsing and disposal of pesticides may have occurred and whether contamination exists. In addition, although DTSC does not regulate pesticides legally applied to crops, if pesticides have historically been used on me property, we strongly recommend that these areas be tested for environmentally persistent pesticides such as organic pesticides and metals poor to development The results of any testing should be evaluated to determine if mncentmtlors present in soils will be protective of residents and workers. Please contact me by email a[lmiles®msc.ce.00v ar by telephone at (918) 2553910, If you have any questions, Sincerely, Tim Miles Hassel Substances Scientist on: Planning 8 Environmental Analysis Section (PEAS) CECATreCMng Center 1001 I Street, 22nd Floor Po' Box 806 Sacramento, California 95812-0806 9 Pnnwaon Recyrewu,r Mr. Will Tackett January 7 200 Page 2 cc State Clearinghouse Office of Planning and Research 1400 10th Street, Room 121 Sacramento, California 95814-0613 Mr. Tim Casagranhe, Deputy Director Fresno County Community Health Department 1221 Fulton Mall, Third Ffo0r Fresno, California 93775 y OFFICE or EISN)4]aVta, RLPXONE f4111fl1]]]ill] RPLEavEXUE — FRESNO. C.uIFORew aaysvn Da YOUR MoST uVzoo'F_LE�atnRCE-WATER [E JW EIMD Sir . mill T:wk:n DEC 14 2007 Ciq of Frcxnu Planning Division Planning & Development Deportations Punning IS Devalao^anL DFpt 21,00 Fresno Street, Thind Flour - CItt DS FNESNO Frumo, CA 93IlIJ604 RE V'I'1'.M 5891, A-0-008, R-07L29 Rod C-07-308 North ofAshlan to Geargstlurg Avenue between Hoes and Bryan Avenues Deer Mr. Tacker: The Fresno Irrigation District (Ftp) bar reviewed the Vesting Tentative Tract Map NO. 5891, Common list Permit C-07-808, Rezone Application R-07-029 and Plan Amendment Application A-07-008 developmem lomled North of Ashlan to Gervsburg .Avon= between HRves and Bryan Avenues which has no intrato on any of Fly s facilities. FID approves Ne proposed development with the following conditions: 41D Anes not mon, operate or maintain any facilities located on the applicant's property. 2. FID expects it, adverse Impacts from the approval of the subject proposal. 3. For intu rnational potatoes, a private pipeline known as the Wheaton No. 518 [reverses the subject properties m shown on the enclosed map. FID suggests the developer and/or the dewlupenomact FID at their earliext convenience to determine lftr9guvu pipeline an be vaidodef j rUr inf, mation:d purpusm, a prlvue pipelineknown as the Gopher Iwo Nu. 481 runs north to Imsh un the easulde ufl laver Avenue as shown on the enclosed map. Thei yon for submitting this COT our review. Please feel free to contact me with any questions at concerns o233-7161 extension 331 nob iin tr, mrrl •sti Shrourev �ai Stere A neat ❑ILmc r ice I u hniuon I nelonun C, T_v. v, l SSI AIMJ I. Ra-,9MQ CJ1d. M7 Wy aur NL 0 y CENTRAL UNIFIED SCHOOL DISTRICT �^i OPERATIONILL SERVICES 4605 North Palk Avenue • Fresno California 93722 Phone: (559) 274-4700 ed. 105 a FAX: (559) 276-5515 Bek Contreras, olreRw- opentlwial Services PotlIMm Pejat Nm;x FJf4 UaNYrn, WwY Cmhal Mau9b olaa Xompa, inraperlatlen onvmr MNC cea, Facaaw Mann" Many January 23, 2008 City of Fresno Development Department — Planning Division 2600 Fresno Street Fresno, CA 93721 Fax_ 488-1020 - - - Attm WIII Tacked Subject: TT 3891 (R-07-298 C-07-308) Central United School District has the following condNonsrwmments for the above project(s): Condition of approval: 1. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620, prior to building permit issuance, 2. Install concrete sidewalkslcurbs/guttem on both sides of the interior streets for the proposed project in a manner consistent with the existing subdivisions in the area and to City standards. 3. A school bus slop shall be comdructed on the west side of Hayes Avenue within the subtlivision frontage per attached specifications. Comments: The proposed project will add approximately 373 K thru le grade students to the Diabict'S average daily attendance. The following chart identifies the breakdown per grade level. arnerxm.ma�w, min.A,a-rya m,! in�axuwtm�nrarm TT 5891 1/23/08 Page 2 of 3 Number of lots / units = 647 Grade Level: M of Students Generated K8 grade students 232 7-8 grade students 61 9-12 grade students 79 TOTAL K-12 grade 373 The District will be caused to accommodate these new students short tens at the schools of a0endance indicated below. To offset the cost to house these students, the District currently levies development fees of $4,15 per square foot for residential development and $0.42 per square foot for commercial / industrial development. Bus transportation may be provided to stutlents in accordance with District policies in effect at the time of enrollment. Currently, bus transportation is provided for: • K -et" gentle students resking at least one mile or more from their school of attendance: • 9m -12s' grade students residing at least two miles or more from their school of attendance. The District is an advocate for safe walking routes. Sidewalks will be required along interior neighborhood streets and major exterior streets to provide the necessary identifiable boundary between students and traffic, and provide a We place for students walking to and from existing school sites and bus stops. The District acknowledges that per the above transportation policies students from this tract will most likely walk to their respective schools of attendance located at the Educational Center which is adjacent to this proposal at the southwest comer of Gettysburg and Bryan Avenue. Construction of the Educational Center has started with the completion of the elementary school phase. Depending on the timeline for construction of the proposed tract 5891, subsequent phases of the educational center will be completed and are described in more derail below. However, until all phases of the educational center are completed, the current school of attendance information is provided: • Elementary School Information' School Name: Harvest Elementary Address: 6514 W. Gettysburg Avenue TT 5891 1/23/08 Page 3 of 3 Middle School Information: School Name: EI Caphin Middle School Address: 4443 W. Weldon Ave. High School Information: (a) School Name: Central High School — East Campus Address. 3535 N. Camelia Ave (b) Currently, Central High School - West Campus is a mandatory attendance 9° grade school with optional programs for grades W _12u The District appreciates the opportunity to comment on above pmjecl. Should you have questions or neetl additional information, please contact me at 559-2744700 x154 or hoontrerasfaEcentralusd k12.ca. us. Sincerely, Bert Contreras Director, Operational Services ¢: David Deel FILE 9LAIR CHURCH & FLYNN BLAIR CHUBTING SCHOOL BUS TURNOUT ENGINEERS NEERS FOR ,.. COLLECTOR AND LOCAL STREET FRESNO CT' PLANNING COMM5510N RESOLUTION NO. 12e88 The Freano Cry Plannirp COmmial A its meeWg on November 05, 2008, adical the IalbWng rxdWon WatIng to Conistbnal Use Permit App loxton No. C 07 ". WHEREAS, CondMc lUse Pomr Ppplt WNo."7-.W8hes WenflWmo IMGlyof FresnobyTM All Grorq, for approximately 122.83 Ore! cares Of Onto" M=10d belwaen WON Ashton Avenue and the WON Gettysburg Avenue Ngnmenl: and between the WM Bryen and North Heyes Avenues al WHEREAS, CoMlional Use Permr Application No. G07 M asses authormalbo lar Me development of Private sheet Planned development whkll includes meddled pnrywrly development standards for the suWrvWon', and. WHEREAS. On February 12, 2000, hre DINrk11 Impbmenlatbn 4MIarMrCammhtse reviewed Me peWd temalive tract map; ani, WHEREAS, on November 05. AWK the Fresno Clry penning Canmhsbn, reversed IN wb)ect WnrAUmN Use perm h eppitwh[n In 2mGdmc8 with Me Perri® at IM West Area CammuNy Plan add Me 21125 Fr®re General Plan; and. WHEREAS, Me Commiss on conduNed a public heading to miew Me proposed caMrMnal use parmh, eolard leArKaY from IN Abulaant ani[answered the Pknr4p and Development ONWd ams rpan r mmx ing epProvN of to pmvAWd1 condAMN use pemJt wbieN to special Pannu mesons;vM. WHEREAS. N that alone WNI the Commbvm Oedawed Mount VeNN Tomal Trost Map No, 5881AIGM W subdMde Me flaf far IN poryoaee M a 7381 Single family resbent (BOB lore) and caighboMocd commenlel shopping bender (4 Iola) OMAN street Nufmal davebpmem wIM 88 OutbM VOIDOW d 10 ba ded'lcatad dm varbus open space, pMNe about, and pairng purposes, and, WHEREAS, IM Fresno City Planning Commlisbn borde d Me prcpmadcmdltiwMl use pWN reWies to Me Nng IOWA Nld enNronmental osaensmenl beard for We pO)act; Al WHEREAS; the Fre m CAy Plasal COm riesewinMad Nstlmony worth respect to We proposed coaddmal use permit. NOW, THEREFORE, BE IT RESOLVED Met IM Fresno Chy Panay Cammkabn hartlry Mds and deramenea Mat Mery by M suposentlN eWdends In to nwN to 'ndeale MN Cwdhores Use Permit Application No. C -M-308 may have a egngMerlt eXecl on IN prominent as Icontlfled by IN Midaetad Negative Detlaradm III for Emt OMMON1 Aesesamenl No. A-07-0MR-07-2&C-D7-lXsvT MI dead March 13, 200 and suhseprently adopted by IN Friend Chy Chat an May 20.' N8. BE IT FURTiER RI that to Fnano City PNMrg COmmtaabn hereby apprwas C dfltfd dUse PNmtt Pgpllca5m N0. G07.30 side rg rho dwkpmenl M e PITON $0881 pWeeddNrekgneM, which MdUces modified d velopment NeMum for Me sudhvbi0n sloped to hre Planning and Development Depanmend Coradonsot Approval dared NNOOINI =8 eM to IoXOx4p: 1 The coal of approval for the proposed! protect were revised In accordance WM IN addendum, 'Proppaed ReWNons and ContrO ns to WjWvns OI Approval for C nditwal Use Pema Agpiceran No "7.90 and Val .TamNiw Tract map No. 59I dated November 05. .208, wrich wee prepared by Ory OWN and adopted by Me Plahmrp Commission. 2. The AsslMant Dal of PUMic Unfirm,ckMied for IN record IM1aI famed OWWWOI 0r a benbd6N using ev nnomansphallm of N equivalent to an Wbmatic mahNler for IMgalrorvlendsppe mavlhrenre purposes. PLANNING COMMISSION RESOLUTION No. 12695 ConshoraW Use Parent Application No. C47-303 Noveml»r 05, 2000 Padi 3. The Public Worse Department. TreHk Englnwhing Menagertlarifled far Ne readel Mel payment of the Si mission lee reausai M his prolebi fair share cmMbuOm hr amounts to he Veterans Boulevard/ Seale Route 991nlercfange may W dlsdibutetlmany wertheflrsl Me Strel Mees remrtled In Tretl6381. 5eldlesof$156.679.69sballbedoeeltas MFinel Map Axeprerc andWpkc into an account bs owlinGtl In the Shfl Report MMe November oS, 2093 Planing Commission M1eadng. 0. The devebParhuWlvkar Nreedb wahwiM NeadjacentpmpeMowners resEMgat93l3 NonM1 Hayae Avenue (Gdgw and Ade Cameyen)ba1) Assure sutra care and maidenence of ewNlp amenhos an the adiacent property during aornvtrYion (e.g. prala erso hom dust and noise, provide for repudiated chain Ing, debtor removal yand mdnle5nne.si1(2) Cammunkab MM adjacent property ow and take consideration ago respect to sending an and ansi he penes rinser of apparent prcpsM to wieblbM1 and mountain unibrmdy, (3) FmArds for eM maintain eppraprute acceu M spaced forma y during commucarm, and, (C) Establish and maintain a dabpue who epacenl property owners rwgdNe to phases of construction, (i.e., prwitla appreprhle retina of when and where was willbe omurring, MIYM1 may af1est r decor promi hese adlacem property, awrere Informed of new devpbpment, etc.) The foregoing Resolution was adopted by he Friend City Ploi Commission upon a motion by Commissioner Hott, seconded by Commissioner gfIDduo. VOTING: Ayes Chair INi ibX, lender, Trimester, Vasquez No" None Not spent Nine Abeml - Vwg DATED: Noamber 05. 2W3 �� Secondary Fresno Cry Pluming Commissim ResaMlon No. 12M COMidmel Use Permit Applioatbn No. C-0>-303 Flied by The MCCeHrey Soup Acton. Approved sees ,ii,tE REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VILB. COMMISSION MEETING 11/05rDe November 05, 2008 awmaWa sY FROM: KEITH BERGTHOID, Interim Director Planning and Development Department THROUGH: DARRELL UNRUH, Planning Manager�r. Planning Division lr�tt BY: WILLTACKETT, Planner 111 Planning Dhnsson SUBJECT: PROPOSED REVISIONS AND CORRECTIONS TO CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT APPLICATION NO. C-07308 AND VESTING TENTATIVE TRACT MAP NO. SMI NGM DATED NOVEMBER 05, 2008. . STAFF RECOMMENDATIONS 1. Coronion No. 24.a.ii. of the Vesting Tentative Toad Map No. 5891/UGM conditions of approval shall be reworded to sal All Oudots o/ Vesting Tentative Tract Map No. 5891/UGM, dated Odbber 30, 2", which are proposed to be labeled arcial to Me major street amryways Into the subdMsion shell ba Medical for Open Space purposes and shell be landscaped and maintained In accordance with Me contlltlons below or in a manner which provides appropnate securty and is deemed acceptable to both Me Cky of Fresno Planning and Developmeman d Public Works Departments. 2. Condalon No. 24.b.i, of Ne Vesting Tentative Treat Map No. all candidone of approval shall be reworded to stale: All Outdo; of Vesting Tentative Trad Map No. 5891NGM, dated October 30, 2", which are proposed to be Fronded f0raggr8gated open space purposes shall be dedicated Or Open Spam purposes andshall be landscapedandmaimei od in accordance with Me conditions below or In a manner which provides appropnale security and is deemed acceptable to both the City of Fresrm Planning and Development and Public Wodrs Departments. 3. Condition No. 24.c.i. of the Vesting Tentative Treat Map No. 5891NGM conditions of approval shall be reworded to state: All Outlast of Vesting Tentative Thad Map No. 5891/UGM, dated October 30, 2008, which are proposed to be pmvided lorpadesMan mnnedbns4valkwaya shall be dedimtad for Open Spero purposes and shall be landscaped and maintained in accordance with me conditions below or In a manner which provides appropriate security and he deemed acceptable to both Me City of Fresno Planning and Development and Pudic Works Departments 4. A Note shall be added to Condition No. 3B.b. of Me Vesting Tentative Tract Map No. 5891/UGM conditions of approval which states: Alternatively a combination of sold masonry wall (or approved equivalent woad lance) and earth berm which provides a continuous border seven feel fn height may be erected on or along said property lines, which abut ajacant property planned or zoned for residential use. REPORT TO THE PLANNING COMMwEauGN Condtional Use Parent Application No. C-07-388 Vowing Tentative Tract Map No. 5891 MGM November 0.5, 2008 Page 2 5. Condition No. 38 of the Vesting Tentative Tract Map No. 5891/UGM Conditions of approval shell be reworded to state: Construct a seven -foot high solid masonry well or a combination of sold masonry well and awash berm, which provides a continuous barrier seven feet in height (at finished grade ofproposed sire) pursuant a the solid wall requirements of Section 12-30fi-H of Me Followed Municipal Code at Me rear of Me required landscaped areas along Me west property line allot 474 of VastMg Tentative Tract Map No. 5891AIGM dated October, 30, 2" 6. Condition No. 47 of the Vesting Tentative Tract Map No. 5891MGM conditions of approval shall be reworded to state: Coach; "F,'T,"N," W,'AA,'A0,'AP ' -AQ 'AP -A -BS- of Voting Tameless Tract Map No. 58911UGM stated October 30, 2" shell ba dedicated and maintained for open spare purposes and may not be, developed wiM other uses. Pursuant to proposed City policy, Mese open space areae may be applied as a fee credit against the Ckyk Parkland L1edlcetieMn-Lieu Fee (Quimby Act) and/or Park Facilities Fes, as appropriate. T. Condition No. SO.b. of Me Vestlng Tentative Tract Map No. 5891 MGM conditions of approval shall be reworded to state: The 32 -fast wide abuses ere approved as shown on Vesting TonteWe Tract Map No. 5891,Vi Called October 30, 2008 pending review o1 Me proposed Covenants, Conditions, sed Reappears; far Me subject development by the Fresno Fire Department. (Subsequent Note to be removed) 8. Condition Nos. 131 8 133 of to Vesting Tentative Tract Map No. 5891MGM equations of approval shall be removed in Meir enfirety and a condition which reads as follows shall be adtled with respect to Water Service conditions of approval. The developer of Tract 5,100 shall appeared to the City Cabal -W past Me City will construct Me well and various on-site improvements. The developer of TractM91 shop Mandate a water weal site a a size and at a IoraOon acceptable to Me Assistant Glrector of Public Utilities and construct a City standard well and prominent I1 necessary; that shall be capable of producing a minimum 1,500 to 2,000 gallons per minute. a) Said well most be constructed and be fully operational and approved by the there Department of Public Health prior to occupancy in excess of 350 homes wdbm Tract Sago. b) Upon completion of a thorough inveslgalon and subject to that dispossess saes listed below Me City will consider accepting a well site located an the Central Unified School District campus near Tract 5991 as proposed by the developer, Q Central Unified School Usual agrees a allow and is willing to Messieurs Me propmry for Me well site ro Me City of Fresno. Poor to acceptance, Me Coy will Mall a test hole, have an s- log evaluabon conducted and if acceptable, Me City may authorize the construction of e mareicrang well. A monitonng well will be conslrvttetl and water qualify samples taken. If water qualy, results and eJog done are acceptable the sire will be considered had, acceptance. REPORT TO THE PLANNING COMMISSION COrdinonal Use Permit Applaallon No. C-07-308 Vesfing Tentative Tmcl Map No. 5991ALGM November 05, 2008 Page 3 Al The proposed site shall have desert Ingress and egress to a CV streetand k not located in a high pedestrian area win an area Nat could compromise studanrt safety. iii) The site size shall be between 10,ld90-1$000 square kart. Iv) It an acceptable well silo cannot be MonflHed within the Central Unified School Oktsd campus, Me developer will be required ro find a lot elsewhere in or near Tmd 5891. v) The cost of acquisng and mnsheOing the well sirte(s) and improvements shall be reimbursed from Me UGM Water Supply Well Serena Area Fund 201s, in accordance with established UGM policies. 9. A Condition shall be added to the General Conditions of Me Vesting Tentative Tred Map No. 5891/UGM conditions of approval which reads as tollows: Approval of Vesting Tentative Tract Map No. 5891kIGM is contingent upon annexation of the entirety of Me subject property to Me City of Fresno. m m m �JORW BRYAN AVENUE 1 r a r J � r NOR -11 HAYES AVENUE y - Zm m m in mu � m `O m n AAAANAAAN AN W. A1' =1 l 1 Ji T 1 tuw,5 z611, By s£' b° ,NN. `t, t7l Z. H3F533S _V 3Nf1R71VW _ �� �� CL 9"R'I' FI _ Y Vi ;T . ' ° 1,Ip� AN F, `"}�4 l�ul�4'8i o � AAAANAAAN AN W. A1' U s ar ' I 1 �NA, v =1 l 1 T 1 tuw,5 z611, By s£' b° `t, t7l _V 1i CL U s ar ' I 1 �NA, v �m minarurmmina (6<5 pXaM X11 �1 L� 6ftGK'.ixN =1 l 1 T 1 tuw,5 `t, t7l �m minarurmmina (6<5 pXaM X11 �1 L� 6ftGK'.ixN =1 l 1 1 CL J 434 .p °J s -- L — :_--- —tl r --- -- rwmm vcttoas>u' I VIN80dIltlLl'ALNnao ONG]M r yy / Haag ss ¢ g45 dos ° V� 9 IID� 219 E09 141 `n� h09 119 ry s� E awl 22 V65 E3 �9Y ��I� yypryy L65 / 6En { 969n finlrv[ gUn �g. 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