908 City of Fowler 128'S.5wh Street Fowler, California 93625 October 3, 2019 6:30P.M.  FOWLER PLANNING COMMISSION MEETING AGENDA  Inc compliance with the Americans with Disabilities Act, if you need special assistance to access the Council Chamber or to otherwise participate at this meeting, including auxiliary aid or services, please contact City Clerk Jeannie Davis at (559)834-3113 ext. 102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to City Council/ Planning Commission Meetings. The City of] Fowler is an equal opportunity employer and provider.  1. Call Meeting to Order Roll Call  2. 3. 4.  Approval of Minutes for August 1, 2019.  Public Presentation - (This portion of the meeting reserved for persons desiring to address the Commission on any matter (within the purview of the Commission) that is not on this agenda. Presentations are limited toi five minutes per person andi no more than 15 minutes pert topic). Public hearing to consider Vesting Tentative Subdivision Map (VTSM) No. 6274, Zoning Ordinance Amendment (Rezone) No. 19-02, annexation to the City of Fowler (Annexation Request No. 19-02), and adoption of a Mitigated Negative Declaration, submitted by Woodside 06N, LP for approximately 19.25 acres at the northwest corner of East Sumner Avenue and South Sunnyside Avenue. Consider Adoption of Resolution No. 645 recommending approval of a Mitigated Negative Declaration for Vesting Tentative Subdivision Mapl No. 6274, Zoning Ordinance Amendment No. 19-02, before the Planning Commission of the City of Fowler, County of Fresno, State of Consider Adoption of Resolution No. 646 recommending approval of Zoning (prezoning) Ordinance Amendment No. 19-02, before the Planning Commission of the City of] Fowler, Consider Adoption of Resolution No. 647 recommending approval of Vesting Tentative Tract Map No. 6274, before the Planning Commission of the City of Fowler, County of] Fresno, Public Hearing to consider Conditional Use Permit Application No. 17-03 proposing to remove the existing use and replace it with a new, more modern facility tol be called the Buford Oil Co. Travel Center. The proposed expansion will utilize the entire 19 acres and in addition to a newer diesel truck fueling and automobile gas fueling facility, weigh station, and convenience store, the expanded development will also include al hotel, two quick-serve and one sit-down family style dining options, and a truck wash, tire and lube center.  5.  California.  County of Fresno, State of California.  State of California.  6.    7. 8.  Communication Adjournment Next Resolution No.: 649  CERTIFICATION: I,Sennaida Zayala, Planning Secretary for the City of Fowler, California, hereby çertify that the foregoing agenda was posted for public review on, Friday, September 27,2019.  Sennaida Zavala Planning Secretary  Swdnn    MINUTES OF THE FOWLER CITY PLANNING COMMISSION MEETING  August 8, 2019  Chair Mellon called the meeting to order at 6:31 p.m. Roll call was taken.  Commissioners Present: Commissioners Absent: City Staff Present:  Mellon, Kandarian, Mukai Mejia, Fernandez  City Manager Davis, City Attorney Cross, Planning Consultants Marple, Planning Secretary Zavala  APPROVAL OF MINUTES FOR June 6, 2019:  Commissioner Kandarian made a motion to approve the minutes for June 6, 2019, seconded by Public hearing to Consider Conditional Use Permit No. 19-01 to authorize minor mprovementsacitons to the existing cellular communication tower and support structure Chair Mellon had to recuse himself, which didn't allow for a quorum. Commissioner Kandarian made ar motion of continuance for CUP 19-01 to next regular Planning Commission meeting on September 5", 2019. The motion was seconded by commissioner Mukai. Motion carried by unanimous voice  Commissioner Mukai. Motion carried by unanimous voice vote.  AGENDA ITEM NO.5  at 114 North Sumner Avenue (APN 343-340-01).  vote.  AGENDAITEM NO.6 COMMUNICATIONS: a. City Planner report  Ms. Marple presented a Planning Department report. The General Plan Update will be presented to Commission in September in a workshop. Ms. Marple mentioned there will be a project coming to Commission in October 2019. The project will be located on the northwest corner of Manning and Golden State. The project needed to be out for public comment for 45 Ms. Marple gave an update of the Growth Management. The City of Fowler is required to stay at or below a 6% annual growth population and not exceed 3% for the 5-year rolling growth population. The last update was given in September 2018. Ms. Marple explains that we are still within the allowed growth for 2018. There were 35 finaled permits for 2018, which gave us a 1.8% growth for the annual allowed growth, and 2.1% for the rolling 5-year growth. The estimated growth for next year staff is anticipating 62 new permits for dwelling units;  days, and will be presented in October for Commission for consideration.  which will still allow us tol be in compliance with the Growth Ordinance.  Commissioner Mukai asked to be informed of City Councils decisions on projects that Commission Commissioner Mukai made a motion to adjourn, motion seconded by Commissioner Kandarian.  approved to be reviewed by Council.  Motion carried and meeting was adjourned at 6:50 PM.    1908  TO: FROM: SUBJECT:  Fowler Planning Commission Dawn E. Marple, City Planner  Public hearing to consider Vesting Tentative Subdivision Map (VTSM) No. 6274, Zoning Ordinance Amendment (Rezone) No. 19-02, annexation to the City of Fowler (Annexation Request No. 19-02), and adoption of a Mitigated Negative Declaration, submitted by Woodside 06N, LPi for approximately 19.25 acres at1 the northwest corner of East Sumner. Avenue and South Sunnyside Avenue.  DATE: I.  October 3, 2019  RECOMMENDATION  Recommend that the City Council approve VTSM 6274, approve Prezone Application No. 19-02, Approve Annexation request No. 19-02, and adopt a Mitigated Negative Declaration for said  actions. I.  BACKGROUND/PROIECT DESCRIPTION  Inl May 2019, Woodside 06N, LP submitted at tentative map application proposing to subdivide the land at the northwest corner of East Sumner Avenue and South Sunnyside Avenue (APN VTSM No. 6274 proposes 100 single-family lots on 19.25 acres. The site is within the City's Sphere of Influence but is not currently within the City limits. An annexation (Application 19- 02) is associated with the Project and will be acted on separately by the City Council. The General Plan Designation for the: site is split between Medium Low Density Residential and Medium Density Residential. The site is currently zoned AE-20 by Fresno County. Proposed zoning is R-1-5 (One Family Residential - 5,000: square foot minimum lot size). Proposed lot sizes range between 5,000 and 8,899 square feet. This range of sizes is consistent with the General Plan, which prescribes a density of 3.7-5.5 dwelling units per gross acre (du/ga) for  343-020-15).  Fowler Planning Commission - VTSMI No. 6274 Woodside Homes 10/3/19 page1    Medium Low Density Residential and a density of 5.6-13.5 du/ga for Medium Low Density Residential. Based on the acreage of each General Plan Land Use within the project site, development must provide between 4.9 and 8.7 du/gai in order to maintain consistency; VTSM 6274 proposes a density of approximately5.19 du/ga and thus meets the density provisions of Development of VTSM No. 6274 is expected to occur over a 2.5-year period with project construction beginning in 2020 and completed by 2022/2023.. At3.2 persons per household, the Circulation within the site would be provided by a system of four interior local streets generally forming a grid pattern, with cul-de-sacs proposed at locations where through-streets are not possible or practical. The interior circulation system will connect to the City's existing collector street system on South Sunnyside Avenue, located on the east side oft the subdivision. Noaccess to either East Sumner Street or to the north is proposed. Street connections to the west are Figure 1 contains an aerial photo showing the project site in relation to other facilities. Figure 2 shows the Fowler General Plan land use designations. Figure 3 illustrates the zoning of the site and vicinity. Figure 4 contains proposed Vesting Tentative Subdivision Map No. 6274.  the General Plan.  100-unit project will accommodate approximately 320 people.  proposed to allow for future circulation.  Fowler Planning Commission - VTSMNo. 6274 Woodside Homes 10/3/19 page2    Figure 1: Aerial Photo  2018NAIP Aerall Im,  Annexation. Area (VTM 6274) Fowler City Limits  Approx:-19.25 Acres  300  PROVOST& PRITCHARD: :  nour  9/4/2019: GFowler_ City 28192619p05Wcdce Homes Tracte 62741G5WApAPEmad  Fowler Planning Commission - VTSMNo. 6274 Woodside Homes 10/3/19 page3:    Figure 2: General Plan  Annexation. Area Fowler City Limits General Commercial Neighborhood Commercial Light Industrial Parks/Open Space Medium Low Residential Medium Residential  City of Fowler General Plan Land Use Designation  Countyd/ECEno: Goncralllanland UsoDesignations Agriculturall Openspace  150 300 Feet ET HE PROVOST& PRITCHARD) CONSULTING GROUP ArEmoiyse OwedOorpary!  7902019:GFoMlerCly0t2819261919005-Woodside Homes Tracte 2405Wap.GenPanmud  Fowler Planning Commission - VTSMI No. 6274 Woodside Homes 10/3/19 page4    Figure 3: Zoning City of Fowler Zoning C-1 Neighborhood Commercial C-3 General Commercial M-1 Lightl Industrial  Annexation/ Area Fowler City Limits Fresno County Zoning AE-20 Exclusive Agricultural AL-20L Limited Agricultural C-6 General Commercial  R-1-6 Single Family Residential (6,000 SF Lot). R-1-7 Single Family Residential (7,000 SFL Lot) R-2/P1 Multi Family Residential/Precise Plan Overlay RCO Resource Conservation, Public Use & Open Space  um C  150 300 Feet FT PROVOST& PRITCHARD TINO GROUP ompany  VICY.GAydss3yIRNHassisA Homes Tracie 27165WapZaringmad  Foroler Planning Commission - VTSMI No. 6274 Woodside Homes 10/3/19 page5    Figure 4: VTSM No. 6274  Fowler Planning Commission - VTSMI No. 6274 Woodside Homes 10/3/19 page 6    Adjacent land uses and zoning are:  North West South East  Agriculture Agriculture  AE-20 (County) AE-20 (County) AE-20 (County)  Rural Residences, Agriculture  Single-famlysubdwsion/condominums R-1-7,R-2/P1 (City)  Proposed Homes Within the Subdivision. The developer has not provided floor plans or elevations. Ifapproved, the developer/Dulder will be required to comply with the provisionsof Fowler Municipal Code (FMC) Section 9-5.1605 related to single- family design criteria. The developer/Dulder will be required to submit elevations for consideration by the Development Review Committee prior to issuance of a building permit for any lot within the subdivision.  III. ANALYSIS  3.1 Growth Management Policy  In2 2004, the City Council adopted a growth management policy to implement the desired growth rate contained in the General Plan without creating adverse effects on City services and the Fowler Unified School District. The policy is to be reviewed with each subdivision application. Policy No. 1 of the Growth Management Policy states, "The desirable annual population and housing growth rate should not exceed the average of the planned growth rate through 2025 of 3% over any five-year period (50-60 units), and should not exceed 6% in any single year (80-90 Even with a mild upswing in the number of dwellings constructed in 2017 and 2018, the City remains well below the 3% and 6% growth rates, respectively. At the assumed rate of development mentioned above, the project is expected to contribute approximately 40 building Fowler Unified School District. Students from the project would attend Marshall Elementary (K- 2), Fremont Elementary (3-5), Sutter Middle School (6-8), and Fowler High School (9-12). The student generation factor within Fowler Unified has ranged between 0.5 and 0.6 students per household, indicating that the proposed. project would generate 50 to 60 students. Ina accordance with State Law, any new development will be subject to school development fees as a condition of building permit to offset potential impacts to schools. These funds, in combination with bond financing authorized by District voters and State assistance will provide  units)."  permits towards the overall growth rate.  facilities and reduce overcrowding in the long-term.  Foroler Planning Commission - VTSMI No. 6274 Woodside Homes 10/3/19 page7    3.2 Vesting Tentative Subdivision Map No. 6274  VTSM No. 6274 proposes 100 single-family lots in a proposed R-1-5 zone district ranging from 5,000 square feet to 8,899 square feet. As previously discussed, this range of sizes results in a The California Subdivision Map Act (Gov. Code Sec. 66410, et seq.) allows local agencies to regulate the design and improvement ofs subdivisions. The City'sSubdivision: Ordinance provides more detailed requirements for designandi improvement as well as processing applications. Staff has met with the developer and the project engineer to discuss relevant issues and the resulting  number of lots that is consistent with the General Plan designation.  configuration generally meets the City's requirements. Remaining points of discussion include:  1.  Development of a collector street along the northern portion of the subdivision. The adopted circulation map: shows the alignment of a collector street within the Project. The City of Fowler is in the process of updating its General Plan and local ordinances to gain consistency with the overall goals and needs of the city. Among these changes is correcting the Circulation Plan to reflect existing development patterns. The Circulation system envisioned for the General Plan update would form a complete street pattern having both motor vehicle traffic lanes and bicycle traffic lanes and would re-align the subject collector street to be located along the northern boundary of VTSM 6274. Conditionsare-resemmendedteregwe4SM62/410410-dedsateineHSAE-OF-way-needed andite-censtructoRe-RaWGHROHRe-CHectOF. Walter Avenue runs east and west along the northern portion of VTSM 6274 and will be constructed as shown ata 60-foot right- of-wayi implementing the General Plan Circulation Element and formingacomplete: street  pattern.  2. Open Space. General Plan Policy 4.3.16.b requires that single-family projects include 5% open space within the project site. This is in addition to any required development fees. The tentative map provides a 0.99 acre park/open space area in conformance with the  General Plan Policy.  3. Traffic Study: The City completed a traffic study for the southwest area including this parcel. The developer will be required to reimburse the Citya a "fair share" of the study's cost as well as install recommended improvements and/or pay traffic mitigation fees generated from the study. Installation of a southbound left-right-turn pocket in S.  Sunnyside Avenue is also required.  Grounds for Approval of a Tentative Map. The Subdivision Map Act (Sec. 66474) requires that a  City makes the following findings prior to approval of at tentative map:  Fowler Planning Commission - VTSMI No. 6274 Woodside Homes 10/3/19 page 8    1.  Thatt the proposed mapi is consistent with applicable general and specific plans as specified  in Section 65451.  Based on the acreage of each General Plan Land Use within the project site, development must provide between 4.9 and 8.7 du/ga in order to maintain consistency; VTSM 6274 proposes: a density of approximately 5.19 du/ga and thus meets the density provisions of the General Plan. Because the prezoning and annexation request is forl land located contiguous to existing development where publici facilities and services are available, the requested annexation is consistent with the General Plan policies related to logical and efficient growth and prevention 2. That the design or improvement of the proposed. subdivision is consistent with applicable The City is empowered to regulate the design and improvement of subdivisions by the Subdivision Map. Act and the City's Subdivision Ordinance. Based on meetings between staff and the development team the project has been reconfigured to meeti the City'sdesignr requirements. Conditions of approval will ensure consistency with General Plan standards and policies.  The proposed project is consistent with the 2004 Fowler General Plan  of premature conversion of agricultural land.  general and: specific plans.  3. That the site is physically suitable for the type ofo development.  The site is generally flat and level and is capable of supporting single-family development. 4. That the site is physically suitable. fort the proposed density of development.  Infrastructure needed to serve the development is located within adjacent public rights-of-way, ori itsi installation will be required as conditions of approval. The flat, level nature of the site in conjunction with the proximity of infrastructure and project conditions ensure that the sitei is physically suitable for the proposed density of development density of the project 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or. substantially and avoidably injure aj fish or wildlife  habitat.  An initial study was prepared to evaluate the potential impacts of the subdivision on the environment. The initial study determined that, with incorporation of recommended mitigation, the subdivision would have al less than significant impact on the environment. 6. That the design of the subdivision or type of improvements is not likely to cause serious  Fovoler Planning Commission - VTSMI No. 6274 Woodside Homes 10/3/19 page9    public health problems.  There is no evidence in the record that the project is likely to cause serious public health 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within  problems.  the proposed subdivision.  The project will not conflict with easements.  With conditions, including those related to open space, all of the above findings can be made  3.3 Prezone No. 19-01  The project proposes prezoning to the R-1-5 (One Family Residential - 5,000 square foot minimum lot) zone district, which would allow! lots with a minimum area of 5,000 square feet and would facilitate development at a density consistent with the range prescribed in the Medium  Low Density and Medium Density residential designations.  3.4 Annexation to the City of Fowler  Ift the project is approved by the City Council, an application for annexation can be submitted to LAFCO. However, recommendations for annexation are not within the purview of the  Commssionzannexation is acted upon independently by the Council.  V. CEQA  The proposed project has been reviewed for compliance with CEQA. The City prepared ani initial study and on this basis determined that the proposed project will not have significant adverse effects on the environment with incorporation of recommended mitigation. The City has prepared a proposed Mitigated Negative Declaration in accordance with CEQA requirements. Commentsreceived on the proposed Mitigated Negative Declaration and responses are attached  for Commission review. Attachments  Comments and Reponses on the proposed Negative Declaration  Planning Commission Resolutions  Fowler. Planing Commission - VTSM No. 6274 Woodside. Homes 10/3/19 page 10    RESOLUTION NO. 645 RESOLUTION BEFORE THE PLANNING COMMISSION OF THE CITY OF FOWLER COUNTY OF FRESNO, STATE OF CALIFORNIA  RESOLUTION RECOMMENDING APPROVAL OF AI MITIGATED NEGATIVE DECLARATION FOR VESTING TENTATIVE SUBDIVISION MAPI NO. 6274 AND ZONING ORDINANCE  AMENDMENT NO. 19-02 (WOODSIDE 06N, LP)  WHEREAS, applications for Vesting Tentative Subdivision Map No. 6274 and Zoning Ordinance Amendment No. 19-02 have been submitted for APN 343-020-15 located on the  northwest corner of East Sumner Avenue and South Sunnyside Avenue; and  WHEREAS, a duly noticed public hearing was held on this matter by the Planning WHEREAS, the City of Fowler caused to be prepared an Initial Study for the Project to WHEREAS, the City caused to be prepared a Mitigated Negative Declaration for the WHEREAS, the Mitigated Negative Declaration has been prepared, circulated, and made available for publiccomment, pursuant tot the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seq., and the Guidelines for implementation of CEQA, 14  Commission on October 3, 2019;and  evaluate potentially significant adverse environmental impacts; and  Project; and  California Code of Regulations, sections 15000, ets seq.; and  WHEREAS, the Planning Commission has independently reviewed and considered the Mitigated Negative Declaration and has evaluated and considered all comments, written and oral, received from persons who reviewed the Mitigated Negative Declaration, or otherwise  commented on the Project.  NOW, THEREFORE, the Planning Commission resolves as follows:  a. Finds that the Initial Study and Mitigated Negative Declaration for the Project are adequate and have been completed in compliance with CEQA and the State CEQA b. Finds and declares that the Planning Commission has independently reviewed and considered the information contained in the Initial Study and Mitigated Negative  Guidelines.  Declaration prior to recommending approving the Project.    Finds on the basis of the whole record before it, including the Initial Study, Mitigated Negative declaration, and any comments received, that there is nos substantial evidence in the record that  the Project will have a significant effect on the environment.  NOW THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends to the City Council that the Mitigated Negative Declaration for Zoning Ordinance Amendment No. 19-02 and VTSM No. 6274 be adopted with mitigation measures as contained in Exhibit "A".  Chairman of the Planning Commission  Attest:  Secretary oft the Planning Commission  1, Sennaida Zavala, Secretary of the Planning Commission, do hereby certify that the foregoing resolution was adopted at a meeting of the Planning Commission of the City of Fowler, on the  motion of Commissioner  and seconded by Commissioner  on the 3rd day of October, 2019, by thei following vote to wit:  AYES: NAYS: ABSTAIN: ABSENT:  Commissioners: Commissioners: Commissioners: Commissioners:    Exhibit "A" Mitigation Measures  Mitigation Measure Bio-1:  Prior to ground disturbance, al biological resources field survey shall be performed by a qualified biologist. The biological resources field survey shall be conducted no more than 30 days prior to the start of construction and shall be submitted to the Planning Department prior to  issuance of grading permits. Mitigation Measure Bio-2:  Prior to the start of construction, if active nests are discovered near work areas, the biologist shall determine and recommend appropriate construction setback distances based on applicable CDFW and/or USFWS guidelines and/or the biology of the species in question. The Project proponent shall ensure that construction buffers meeting thel biologist's recommendations are identified with flagging, fencing, or other easily visible means, and: shall ensure that the buffers are maintained until the biologist has determined that the nestlings  have fledged.  Mitigation Measure CUL-1  Prior to submittal of at final map, the developer shall retain the services of a qualified professional to evaluate structures on-site for purposes of determining if the: structures are eligible by the State Historical Resources Commission for listing in the California Register of Historical Resources (PRC Section 5024.1, Title 14 CCR, Section 4850, et seq.). If the structures are determined to be eligible for listing, said structures shall not be demolished and the final maps shall be revised to allow structures eligible for listing to remain intact. Final maps revised in accordance with this mitigation measure may be found tol be in substantial conformance with  the approved tentative map. Mitigation Measure CUL-2:  Ifstructures on the Project site are found by a qualified professional, to be eligible for listing in the California Register of Historical Resources, said: structures shall be properly recorded with  the SSJVIC.  Mitigation Measure CUL-3:  Should archaeological remains or artifacts be unearthed during any stage of Project activities, work in the area of discovery shall cease until the area is evaluated by a qualified archaeologist. Ifmitigation is warranted, the Project proponent shall abide by recommendations of the  archaeologist.  Mitigation Measure CUL-4:  In the event that any human remains are discovered on the project site, the Fresno County Coroner must be notified of the discovery (California Health and Safety Code, Section 7050.5) and all activities in the immediate area of the find or in any nearby area reasonably suspected to overlie adjacent human remains must cease until appropriate and lawful measures have    been implemented. If the Coroner determines that the remains are not recent, but rather of Native. American origin, the Coroner shall notify the Native. American Heritage Commission (NAHC) in Sacramento within 24 hours to permit the NAHC to determine the Most Likely  Descendent (MLD) of the deceased Native American.    RESOLUTION NO.647 RESOLUTION BEFORE THE PLANNING COMMISSION OF THE CITY OF FOWLER COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 6274  (WOODSIDE 06N, LP)  WHEREAS, Vesting Tentative Tract Map No. 6274 has been submitted for 19.25 acres (APN 343-020-15) located on the northwest corner of East Sumner Avenue and South Sunnyside  Avenue; and  WHEREAS; a duly noticed public hearing was held on this matter by the Planning WHEREAS, the City prepared an initial study and on this basis determined that the proposed project will not have significant adverse effects on the environment and has prepared ap proposed Mitigated Negative Declaration in accordance with requirements of CEQA; and WHEREAS, the Planning Commission made the following mandatory findings for the Tentative Tract Map approval as prescribed by the State Subdivision Map Act (Sec. 66474): 1. That the proposed. mapi is consistent with applicable general and: specific plans as specified 2. The design or improvement of the proposed subdivision is consistent with applicable  Commission on October 3, 2019; and  in Section 65451. general and specific plans.  3. That the site is physically suitable. for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmenta damage or substantially and avoidably injure a fish or wildlife That the design of the subdivision or type of improvements is not likely to cause serious 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within  habitat.  6.  public health problems. the proposed. subdivision.    WHEREAS, the City prepared an initial study and on this basis determined that the proposed project will not have significant adverse effects on the environment and has adopted Mitigated Negative Declaration in accordance with requirements of CEQA; and  WHEREAS, said Commission as a result ofi its inspections, investigations, and studies made ini its behalf and of testimonies offered at said hearing, has established that the best interests of the City of Fowlerand of itsr residentsistoapprove Vesting Tentative Tract Map No. 6274 as shown on Exhibit "A" and subject toi the Conditions of Approval attached as Exhibit "B."  NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Fowler hereby recommends that the City Council approve Vesting Tentative Tract Map No. 6274:  Chairman oft the Planning Commission  Attest:  Secretary oft the Planning Commission  1, Sennaida Zavala, Secretary of the Planning Commission, do hereby certify that the foregoing resolution was adopted at a meeting of the Planning Commission of the City of Fowler, on the  motion of Commissioner  and seconded by Commissioner  on the 3rd day of October, 2019 by thei following vote to wit:  AYES: NAYS: ABSTAIN: ABSENT:  Commissioners: Commissioners:; Commissioners: Commissioners:    Exhibit "A"  Vesting Tentative Tract Map No. 6274  FLVE    Exhibit "B"  Conditions of Approval VTSM No. 6274  General:  1. All conditions of the applicant shall be conditions of approval, except as further modified below, and subject to modifications to conform to applicable City Standards. 2. The design and improvement of the subdivision shall conform to Titles 1 through 15 of the City of Fowler Subdivision Ordinance and to the City of Fowler Standard Specifications ("Standard Specifications"), unless otherwise specified ini these conditions. 3. The applicant shall enter into a subdivision agreement with the City if the final map is recorded prior to completion oft the off-site improvements. 4. The applicant shall pay all fees as required by existing ordinances and schedules. 5. All water wells and septic systems that served the property shall be abandoned pursuant 6. The applicant shall pay all fees as required by existing ordinances and schedules. 7. All public infrastructure improvements must deemed substantially complete by the City 8. Asr many energy-conservings features as possible shalll bei included int the project. Examples include, but are not limited to, increased wall and ceiling insulation, EPA-certified fireplace inserts and/or wood stoves or natural gas fireplaces, electrical and natural gas outlets installed around the exterior of the units to encourage use of electric yard maintenance equipment and gas-fired barbeques, and each home wired for 9. To reduce construction noise, construction contracts shall require that all equipment be maintained according to the manufacturers' specifications, and that noise-generating 10. Hours of construction shall be limited to the hours of 6:00 am to 7:00 pm, Monday 11. RedevalepershalprowdeNcepaamamdaaeywaesideyandsadpente Bag-fer-the-plasem-d-vp.lwr-lanind-the-rer-yers ERKeHA-AHsNAneaNdinawewepton e-dwy-d-alecien-dPetN-Rent-e-the-wwre 12. Crosswalks shall be provided across Street 'A and Street 'B't to ensure pedestrian safety for access to the park area. A crosswalk shall also be provided at Sumner and Sunnyside Avenues. adtstyhadOamdc-ay eeePmeL-Drderand Tthese crosswalks shall be decorative such thermoplastic 13. Projects shall include all street lights, street signs, stop signs, and other designated by the City for street call names and traffic control.. All signs shall be provided per City Municipal 14. The developer shall annex to the City Lighting and Landscape Maintenance District.  to City, County, and State standards.  Engineer prior to the issuance of building permits.  computers/nternet and electronic meter reading. equipment be equipped with mufflers.  through Saturday.  ROPReCWPeSWRHwision:  pavement striping and/or stamped and colored concrete. Code and shall bei in like kind constructed on adjacent streets.    15. Per Public Works Standard Drawing W-2,fFire hydrants shall be spaced ata distance not to exceed 400 300 feet en-center and shall be valved separately from the water main. Locations shall be approved by the City Engineery and Fire neramn-Hyewe: 16. The developer shall comply with the provisions of FMC Section 9-5.1605 related to single-  family design criteria prior to recordation of at final map.  Final Map:  17. AI right-to-farm covenant shall be recorded prior to recordation of the final map. 18, The minimum frontage ofe each lots shall comply with the City of Fowler Zoning Ordinance. 19. Lots adjacenti to! Sumner Avenue and Sunnyside Avenue shall have no direct access to said 20. Street right of way and pedestrian/utility easements shall be dedicated to the City of 21. Street names shall be verified by City staff prior to finalizing the final map. Street names shall be consistent with streets along similar alignments throughout the City  streets.  Fowler as indicated on the tentative map.  Circulation:  22. The developer shall mitigate the project's traffic impacts at the intersection of E. Sumner Avenue/ Sunnyside Avenue and the future unnamed collector street/Sunnyside Avenue, through payment of a fair share contribution to intersection improvements including the 23. Thei intersection of Sumner Avenue and Sunnyside Avenue shall be improved toi include a southbound right left turn pocket. Developer shall dedicate right of way necessary to 24. Aveve-shalbeewendiehemaakaunsonasasiwbsietfo: eveloPmReRt-PEWFAREC-RERA-A-reESaFeRde4HA-bePseeed-atthe-merth 25. Developer shall construct curb, gutter and a 5-foot sidewalk, street lighting and public right of way landscaping along Sumner Avenue and Sunnyside Avenue frontages. A pavement overlay may be required beyond the centerline to provide for a smooth transition. Transition grade greater than 4 percent will not be allowed. The. street section shall be striped for two-way traffic and approved by the City of Fowler. 26. Additional street right-of-way shall be dedicated such that a 72-foot right-of-way is provided along Sunnyside Avenue and a 70-foot right-of-way is provided along Sumner 27. Developer shall construct curb extensions along A and B Avenues to calm traffic. 28. LED-Sstreet lights shall be constructed per City Standards along Sumner Avenue and Sunnyside Street Avenue along the frontage of the project. LEDI bulbs shall bei installed in 29. Local street pavement section shall be a minimum of 2.5 inches of hot mix asphalt over 5  installation of traffic signal(s). construct this improvement. ermuseHtnestret,  Avenue.  the City Standard street lights.  inches of Class Il aggregate and verified by a project soils report.    30. A geotechnical report shall be prepared to provide the recommended street pavement section on Sunnyside Avenue and Sumner Avenue. A traffic index of 6 shall be used in 31. Traffic and street signs shall bei installed by the Owner/Developer per City requirements. 32. Prior to submitting a final map, the developer shall submit a revised map for review and 33. E.S Sumner Avenue and Sunnyside Street Avenue shalll be constructed top provide one travel lane, a bike lane, and an 8-foot shoulder in the eastbound direction and one travel lane 34. Developer shall pave one-half width and construct curb, gutter and a! 5-foot sidewalk on the future unnamed collector street/Sunnyside Avenue located along the northern boundary of the proposed tract. A temporary turnaround may be required to allow for return traffic while the remainder of the collector street is undeveloped. Subject to negotiation between the developer and the City, the developer may be allowed to bond  the pavement analysis.  approval by the Planning Department and City Engineer. in the west bound direction along the frontage of the project.  for the construction of said improvements.  Water:  35. AI looped water system be developed within the subdivision and be tested and accepted by the City of Fowler Public Works Department. Each parcel shall be equipped a water 36. All interior water mains shall be an 8-inch water main and loop within each phase of development. The completed interior water system shall be connected to the 12-inch 37 ehydantishalbeinsemaadasoolataw-e 38. Two water sample stations shall be installed within the subdivision at the locations 39, Applicant shall dedicate property (Lot 30) for placement of TCP water treatment facilities to treat water: supplied by nearby Well 8A. Costs of the dedicated property will be eligible  meter/box.  water mains in the major collector streets at each entrance street.  HeF3NECIPEAEeeA  specified by the Public Works Director.  for reimbursement.  Sewer:  40. The developer shall comply with the conditions set forth by emma-ngsburgtowler  County Sanitation District and pay all associated fees.  Grading and Drainage:  41, A grading and drainage plan shall be submitted for review and approval by the City Engineer. The developer shall obtain a grading permit for all on-site grading work. 42. The developer's engineer shall provide drainage calculations for the subdivision. Developer shall direct drainage to the basin east of State Route 99 adjacent to 10thStreet or another suitable location approved by the City Engineer. Any system upgrades, including upsizing of existing pipes and associated facilities, shall be constructed with the    subdivision's infrastructure improvements and shall be the responsibility of the 43. The developer's engineer shall submit a storm drain plan and hydraulic calculations showing location of inlets, manholes, and pipelines (including sizing) to City Engineer for 44. The developer shall obtain an NPDES permit from the Regional Water Quality Control Board. The plan shall provide fort the mitigation ofsoil erosion from thep project site during the construction and warranty periods and be submitted to the City prior to the: start of construction. Developer shall supply City with the approved SWPPP and WDID number. 45. As a part of the mitigation measures for soil erosion, the developer shall be responsible  developer.  review and approval prior to preparation ofi improvement plans.  for street sweeping during the one-year warranty period.  Aesthetics:  46. A landscape and irrigation plan shall be submitted for review and approval by the City Engineer for the park and areas along the frontage of South Sunnyside Avenue and East 47. Lots comprising a minimum of 5% of the total project site shall be reserved and developed as open space. Proposed improvements shall include benches, play structure, concrete flatwork and landscaping as approved by the City Engineer. 48. A6 6-foot high decorative block wall shall be constructed or lots adjacent to Sunnyside Avenue and Sumner Avenue. Block walls shall be treated with an approved anti-graffiti coating and/or screened with vines as approved by the City Engineer. 49. Each lot shall have a street tree planted along its frontage.  South SumnerAvenue.  Utilities:  50. All existing overhead utilities adjacent to and within the subdivision shall be undergrounded Relding-al-areas-continueusw including along the frontages of E. Sumner Avenue and Sunnyside Street Avenue to the western and northern boundaries of 51. The developer shall provide a street light plan for review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of construction. Streetlights shall be provided by the developer and maintained by the City 52. Developer shall work with PG&E fort the preparation ofau utility plan, subjecttoi the review and approval by the City Engineer prior to approval of the improvement plans and prior tot the: start of construction. All work: shall be completed such that no street surface. need  the proposed tract.  pursuant to PG&E rate schedule LS2C.  be reopened for service.  Irrigation:  53. Any irrigation pipelines maintained by CID: shall be relocated outside of the street right- of-way, except at street crossings. Anyi irrigation lines that must remain in service: shall be  reconstructed with rubber gasket reinforced concrete pipe.    54. All abandoned irrigation lines serving the property shall be removed.    Hold Harmless and Indemnification Condition:  55. Hold Harmless and Indemnification Condition. Approval of this Project is for the benefit of the Applicant. The submittal of applications by the Applicant for this Project was a voluntary act on the part of the Applicant not required by the City. Therefore, as a condition of approval oft this Project, the Applicant agrees to defend, indemnify and hold harmless the City of Fowler and its agents, officers, consultants, independent contractors and employees("City)t from any and all claims, actions or proceedings against the Cityto attack, set aside, void, or annul an approval by the City concerning the Project, and for any and all costs, attorney's fees, and damages arising therefrom (collectively "Claim"). The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. Ift the City fails to promptly notify the Applicant of any Claim ori if the City fails to cooperate fully in the defense, the Applicant shall not thereafter be responsible to Nothing in this condition shall obligate the City to defend any Claim and the City shall not be required to pay or perform any settlement arising from any such Claim not defended by the City, unless the City approves the settlement in writing. Nor shall the City be prohibited from independently defending any Claim, and if the City decides to: independently defend a Claim, the Applicant shall be responsible for City's attorney's fees, expenses of litigation and costs for that independent defense. Should the City decide toir independently defend any Claim, the Applicant shall not be required to pay or perform anysettlement arising from anys such Claim unless the Applicant approves the settlement.  defend, indemnify, or hold harmless the City.  Signature of Applicant:  Date:    RESOLUTION NO. 646 RESOLUTION BEFORE THE PLANNING COMMISSION OF THE CITY OF FOWLER COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION RECOMMENDING, APPROVAL  OF ZONING (PREZONING) ORDINANCE. AMENDMENT NO.19-01  (WOODSIDE06N, LP)  WHEREAS, a zoning ordinance amendment application has been submitted requesting approval of R-1-5 zoning for APN 343-020-15 encompassing approximately 19.25 acres on the  northwest corner of East Sumner Avenue and South Sunnyside Avenue; and accordance with. Article 7 oft the Fowler Zoning Ordinance; and  WHEREAS, the subject project requires approval of a zoning (prezoning) amendment in WHEREAS, the subject application was reviewed for compliance with the Fowler WHEREAS, the Commission reviewed the proposal at a meeting on October 3, 2019; and WHEREAS, the City prepared an initial study and on this basis determined that the proposed project will not have significant adverse effects on the environment and has adopted Mitigated Negative Declaration in accordance with requirements of CEQA; and  Municipal Code; and  WHEREAS, the Commission, after reviewing the staff report prepared pursuant to the request, and which is herein incorporated by this reference, determined that iti is iti is consistent with the General Plan and in the best interests of the surrounding neighborhood to approve  Zoning Ordinance Amendment No. 19-01 as requested.    NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Fowler hereby recommends approval to the City Council of Zoning Ordinance Amendment No. 19-01 as  shown on Exhibit" "A".  Chairman of the Planning Commission  Attest:  Secretary of the Planning Commission  1,S Sennaida Zavala, Secretary of the Planning Commission, do hereby certify that the foregoing resolution was adopted at a meeting of the Planning Commission of the City of Fowler, on the  motion of Commissioner  and seconded by Commissioner  on the 3rd day of October, 2019 by the following vote to wit:  AYES: NAYS: ABSTAIN: ABSENT:  Commissioners: Commissioners: Commissioners: Commissioners:    Exhibit "A" (Woodside 06N, LP)  Zoning Ordinance Amendment No. 19-01  8  @  an  G  QMOANYIS  &  4e  -  le  @