HomeMy WebLinkAboutT-4098 - Agreement/Covenant - 6/27/2006 r
P. W. File No . 8966 Public Works Department
City of Fresno
SUBDIVISION AGREEMENT
Tract No. 4098
'Villa Almonde '
A Planned Development
THIS AGREEMENT is made this art= day of -, JOA&g-"L4 1990, by and
between the City of Fresno, a Municipal Corporation, hereinafter designated
and called the "City, " and Villa Almonde Partners, a California General
Partnership, 2211 North Fine Avenue, Suite 200, Fresno, California 93727,
hereinafter designated and called the "Subdivider, " without regard for number
or gender.
RECITALS
1. The Subdivider has presented to the City a certain final map of a
proposed subdivision of land owned by the Subdivider and located within the
corporate limits of the City, and known and described as Tract No. 4098,
'Villa Almonde' , a copy of which map is attached to and made a Part of this
UUNCIL
19SO
J L„�E ,� 0 CLERK
By �[ YN/✓Lce�lnQJ'12�
DEPUTY i
Subdivision Agreement
Tract No. 4098
Page 2
Agreement, and said Subdivider has requested the City to accept the
dedications delineated and shown on said map for the use and purposes
specified thereon, and to otherwise approve said map in order that the same
may be recorded, as required by law.
2 . The City requires , as a condition precedent to the acceptance and
approval of said map, the dedication of such streets, highways and public
places and easements as are delineated and shown on said map, and deems the
same as necessary for the public use, and also requires that any and all
streets delineated and shown on said map shall be improved by the
construction and the installation of the improvements hereinafter specified.
3 . Section 12-1012 of the Municipal Code of the City of Fresno requires
the Subdivider to enter into this Agreement with the City whereby Subdivider
agrees to do, perform and complete the work and matters hereinafter in the
Agreement mentioned and set forth in detail, within the time hereinafter
mentioned, in consideration of the acceptance of the offers of dedication by
the City of Fresno.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the
streets, highways, public ways, easements and facilities as shown and
delineated on said map, and the approval of said map for filing and recording
as provided and required by law, it is mutually agreed and understood by and
between the Subdivider and the City, and the Subdivider and the City do
hereby mutually agree as follows :
Subdivision Agreement
Tract No. 4098
Page 3
4 . The Subdivider shall perform the work and improvements hereinafter
specified on or before January 31, 1991, except the sidewalk construction and
lot corner monumentation which shall be completed upon construction of the
residential dwellings in Tract No. 4098 but no later than January 31, 1992,
to the satisfaction of the Director of Public Works and/or the City Engineer
of the City as provided by Code. Issuance of building permits for any
structure within the subdivision shall conform to the requirements of the
Uniform Fire Code (UFC) . The Subdivider ' s attention is particularly called
to UFC Sections 10 . 207(a) , 10 . 301(c) , 10 . 301(d) and 10 . 301(e) shown in
Exhibit "A" attached hereto and hereby made a part of this Agreement . No
occupancy permit shall be issued until an approved "all weather" street
frontage and access is constructed. The issuance of any occupancy permits by
the City for dwellings located within said subdivision shall not be construed
in any manner to constitute an acceptance and approval of any or all of the
streets and improvements in said subdivision. When a delay occurs due to
unforeseen causes beyond the control and without the fault or negligence of
the Subdivider, the time of completion may be extended for a period justified
by the effect of such delay on the completion of the work. The Subdivider
shall file a written request for a time extension with the Director of Public
Works prior to the above noted date, who shall ascertain the facts and
determine the extent of justifiable delays, if any. The Director of Public
Works shall give the Subdivider written notice of his determination . in
writing, which shall be final and conclusive.
Subdivision Agreement
Tract No. 4098
Page 4
5 . The work and improvements, more specifically shown on the referenced
plans and made a part hereof, shall be done in accordance with the
construction standards contained in the City of Fresno Standard
Specifications, "City Standards" , adopted September 11, 1984 , by Resolution
No. 84-361 and as amended, at the sole cost and expense of the Subdivider
including all costs of engineering, inspection and testing .
6 . The work and improvements are as follows :
a . Construct all landmarks, monuments and lot corners required to
locate land divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to
the City' s final acceptance of the subdivision and release of
securities, the Subdivider shall submit evidence to the City of Fresno
of payment and receipt thereof by the Subdivider ' s engineer or
surveyor for the final setting of all monuments required in the
subdivision.
b. All utility systems shall be installed underground.
Subdivider ' s attention is directed to the installation of street
lights in accordance with Resolution No . 68-187 and Resolution
No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights . The
Subdivider shall construct a complete undergound street light system
as approved by the Traffic Engineer prior to final acceptance of the
subdivision. Height, type, spacing, etc. , of standards and luminaires
shall be in accordance with Resolution Nos . 78-522 and 88-229 or any
amendments or modifications which may be adopted by Council prior to
the actual installation of the lights and shall be approved by the
City Traffic Eng.ineer .
c. Water main extensions and services shall be provided in
accordance with applicable provisions of Chapter 14 , Article 1 of the
Fresno Municipal Code and all applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in '
accordance with applicable provisions of Chapter 9 , Article 5 of the
Fresno Municipal Code and all applicable charges shall apply.
Subdivision Agreement
Tract No . 4098
Page 5
e. Lot drainage shall be in accordance with Section 13-120 . 7012
of the Fresno Municipal Code.
f . All "Dead-End" Streets created by this subdivision shall be
barricaded in accordance with City Standards within seven (7) days from
the time said streets are surfaced, or as directed by the City Engineer .
g . Any temporary storm water retention basins constructed or
enlarged to serve this tract shall be fenced in accordance with City
Standards within seven (7) days from the time said basins become
operational , or as directed by the City Engineer .
h. Wet-Ties shall be in accordance with Estimate No . E-8781 . The
amounts identified below as "Wet-Tie Charges" are estimates only and
serve as a deposit to cover the actual cost of construction. Should
the actual construction cost be less than the deposit, the Subdivider
shall be refunded the excess . Should the actual construction cost be
greater than the deposit, the Subdivider shall be billed by the City of
Fresno for the difference and shall be directly responsible for payment .
i . Perform and construct all work shown on the attached plans (as
shown on Exhibit 'B' attached hereon to this agreement) and attached
agreement (Exhibit 'C' ) , unless specifically omitted herein.
j . Install and complete all other street improvements required by
Section 12-1012 of the Fresno Municipal Code in accordance with the
City of Fresno standard Specifications and the construction Plans .
k. The Subdivider has deposited with the City the sum of Twenty
Nine Thousand Two Hundred Forty-Six and 98/100 Dollars ($29 ,246 . 98) for
the following:
(1) Inspection Fees $311 . 50
(2) Monument Check Fee
18 Lots and one outlot @ $30 . 00/Lot $570 . 00
(3) Traffic Regulatory Signing, 1 @ $38 . 00 $38 . 00
(4) Street Tree Inspection Fee
(As per Agreement with Parks Division herein
and attached hereto as Exhibit "C" )
3 Trees @ $23 . 00 ea . $69 . 00
(5) FMFCD Drainage Fee $6, 881 . 00
Subdivision Agreement
Tract No. 4098
Page 6
(6) Sanitary Sewer Fees $2 , 538 .20
(a) Lateral Charge
176 . 01 LF @ $10 . 00/LF $1, 760 . 10
(b) Oversize Charge
2 . 51 Ac @ $310 . 00/Ac $778 . 10
(Note: Major Facilities
Fee is to be paid at time
of development . )
Total Sewer Charges $2 , 538 .20
(7) Water Charges $18, 839 . 28
(a) "Wet-Tie" Charge $16 , 000 . 00
(Estimate No. 8781)
(b) Frontage
176 . 01 LF @ $6 . 00/LF $1, 056 . 06
(c) Fire Hydrant Charge (Zone District R-1)
44 , 003 SF @ $0 . 75/100 SF $330 . 02
(d) Transmission Grid Main
2 . 51 Ac @ $570 . 00/Ac $1, 430 . 70
(e) Water Construction Charge
18 Lots @ $1. 25 /Lot $22 . 50
Total Water Charges $18 , 839 . 00
TOTAL FEES AND CHARGES $29 , 246 . 98
7. Subdivider has paid to the City of Fresno, in accordance with
Article 13 , Chapter 13 of the Fresno Municipal Code, the required fee to
defray the costs of constructing planned local drainage facilities for the
removal of surface and storm waters from the subdivision.
Subdivision Agreement
Tract No . 4098
Page 7
8 . It is agreed that the City shall inspect all work. All of the
work and improvements and materials shall be done, performed and installed
in strict accordance with the approved construction plans for said work on
file in the Office of the City Engineer of the City and the Standard
Specifications of the City, which said plans and specifications and
standards are hereby referred to and adopted and made a part of this
Agreement . In case there are not any standard specifications of the City
for any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the State
of California, Division of Highways . All of said work and improvements
and materials shall be done, performed and installed under the inspection
of and to the satisfaction of the City Engineer of the City.
9 . Prior to the approval by the Council of the City of said final
map, the Subdivider shall furnish to the City:
a . Performance security in the sum of Eight Thousand Five
Hundred and 00/100 Dollars ($8, 500 . 00) , which is equal to 100% of the
total estimated cost of the work required. Five percent (5%) of said
amount, Four Hundred Twenty-Five and 00/100 Dollars ($425 . 00) , shall
be cash or a Certificate of Deposit; the remaining 95%, Eight Thousand
Seventy-Five and 00/100 Dollars ($8, 075 . 00) shall be in the form of a
bond or irrevocable instrument of credit; all to be conditioned upon
the faithful performance of this Agreement; and
b. Payment security in the sum of Four Thousand Two Hundred
Fifty and 00/100 Dollars ($4 , 250 . 00) , which is equal to 50% of the
total estimated cost of the work required to secure payment to all
contractors and subcontractors performing work on said improvements
and all Persons furnishing labor, materials or equipment to them for
said improvements .
Bonds shall be by one or more duly authorized corporate sureties
subject to the approval of the City and on forms furnished by the City.
Subdivision Agreement
Tract No. 4098
Page 8
C. Performance security in the sum of One Hundred Ninety-Two and
00/100 Dollars ($192 . 00) , which is equal to 100% of the total
estimated cost of street tree planting and maintenance required
pursuant to the agreement with Parks Division attached as
Exhibit 'C' . One hundred percent (100%) of said amount shall be cash
or a Certificate of Deposit, all to be conditioned upon the faithful
performance of this agreement .
d. Any and all other improvement security as required by Fresno
Municipal Code, Section 12-1016 .
10 . On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Four Hundred
Twenty-Five and 00/100 Dollars ($425 . 00) , for guarantee and warranty of
the work for a period of one (1) year following acceptance against any
defective work or labor done or defective materials furnished. In
accordance with Section 12-1016 of the Fresno Municipal Code, said
warranty security shall be in the form of cash or a Certificate of
Deposit . The warranty security shall be returned to the Subdivider, less
any amount required to be used for fulfillment of the warranty one (1)
year after final acceptance of the subdivision improvement .
11. The City shall not be liable to the Subdivider or to any other
person, firm or corporation whatsoever, for any injury or damage that may
result to any person or property by or from any cause whatsoever in, on or
about the subdivision of said land covered by this Agreement, or any part
thereof. The Subdivider hereby releases and agrees to indemnify and save
the City harmless from and against any and all injuries to and deaths of -
persons, and all claims, demands, costs, loss, damage and liability;
howsoever same may be caused, resulting directly or indirectly from the
performance of any or all work to be done in and upon the street
Subdivision Agreement
Tract No . 4098
Page 9
rights-o£-way in said subdivision and upon the premises adjacent thereto
pursuant to this Agreement, and also from all injuries to and deaths of
persons, and all claims, demands, costs, loss , damage and liability,
howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the Subdivider ' s agents, employees and
subcontractors, while engaged in the performance of said work. The
Subdivider further agrees that the use for any purpose and by any person
of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times
prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
12 . The Subdivider shall remedy any defective work or labor or any
defective materials and pay for any damage to other work resulting
therefrom which shall occur within a period of one (1) year from the date
of acceptance of the work.
13 . The Subdivider and his subcontractors shall pay for any
materials, provisions, and other supplies used in, upon, for, or about the
performance of the work contracted to be done, and for any work or labor
thereon of any kind, and for amounts due under the Unemployment Insurance
Act of the State of California, with respect to such work or labor, and
shall file with the City pursuant to Section 3800 of the Labor Code, a
Certificate of Workers Compensation and shall maintain a valid policy of
Workers ' Compensation Insurance for the duration of the period of
construction.
Subdivision Agreement
Tract No . 4098
Page 10
14 . Initial soils compaction testing for public utility improvement
work within the right-of-way shall be ordered by and paid for by the City
of Fresno. Public utility improvements shall include street surface
improvements, sanitary and storm sewers, City water facilities and
irrigation lines . All other compaction testing for private utility
installations shall be paid for by the Subdivider or his agent .
Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and
direction of the City Engineer who shall determine locations and depths to
be tested. Any compaction tests failing to meet the City' s requirements
shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting
due to failures shall be made directly to the Subdivider or his agent .
15 . The Subdivider shall comply with Street, Plumbing, Building,
Electrical, Zoning Codes and any other codes of the City.
16 . It shall be the responsibility of the Subdivider to coordinate
all work done by his contractors and subcontractors, such as scheduling
the sequence of operations and the determination of liability if one
operation delays another . In no case shall representatives of the City of
Fresno be placed in the position of making decisions that are the
responsibility of the Subdivider . It shall further be the responsibility
of the Subdivider to give the City Engineer written notice not less. than
two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City
Subdivision Agreement
Tract No. 4098
Page 11
Engineer may cause delay for which the Subdivider shall be solely
responsible.
17 . Whenever the Subdivider varies the period during which work is
carried on each day, he shall give due notice to the City Engineer so that
proper inspection may be provided. If Subdivider fails to duly notify
City as herein required, any work done in the absence of the Engineer will
be subject to rejection. The inspection of the work shall not relieve the
Subdivider of any of his obligations to fulfill the Agreement as
prescribed. Defective work shall be made good, and unsuitable materials
may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or
Inspector and accepted.
18 . Any damage to the sewer system, concrete work or street paving
that occurs after installation shall be made good to the satisfaction of
the CitY Engineer by the Subdivider before release of bond, or final
acceptance of completed work.
19 . Adequate dust control shall be maintained by the Subdivider on
all streets within and without the subdivision on which work is required
to be done under this Agreement from the time work is first commenced in
the subdivision until the paving of the streets is completed. "Adequate
dust control" as used herein shall mean the sprinkling of the streets with
water or the laying of a dust coat of oil thereon with sufficient
frequency to prevent the scattering of dust by wind or the activity of
vehicles and equipment onto any street area or private property adjacent
to the subdivision. Whenever in the opinion of the City Engineer adequate
Subdivision Agreement
Tract No. 4098
Page 12
dust control is not being maintained on any street or streets as required
by this paragraph, the City Engineer shall give notice to the Subdivider
to comply with the provisions of this paragraph forthwith. Such notice
may be personally served upon the Subdivider or, if the Subdivider is not
an individual, upon any person who has signed this Agreement on behalf of
the Subdivider or, at the election of the City Engineer, such notice may
be mailed to the Subdivider at his address on file with the City
Engineer . If , within twenty-four (24) hours after such personal service
of such notice or within forty-eight (48) hours after the mailing thereof
as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain
adequate dust control, the City Engineer may, without further notice of
any kind, cause any such street or streets to be sprinkled or oiled, as he
may deem advisable to eliminate the scattering of dust, by equipment and
personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing
therefor, the entire cost to City of such sprinkling or oiling . When the
surfacing on any existing street is disturbed, this surfacinq shall be
replaced with temporary or Permanent surfacing within fourteen ( 14)
calendar days, and the roadway shall be maintained in a safe and passable
condition at all times between the commencement and final completion, and
adequate dust control shall be maintained during these operations .
Subdivision Agreement
Tract No. 4098
Page 13
20 . Concrete curbs and gutters, the sanitary sewer system and house
connections, together with water mains, gas mains, and their respective
service connections, shall be completed in the streets and alleys before
starting the street and alley surfacing.
21 . Time is of the essence of this Agreement, and the same shall bind
and inure to the benefit of the parties hereto, their successors and
assigns .
22 . No assignment of this Agreement or of any duty or obligation of
performance hereunder shall be made in whole or in Part by the Subdivider
without the written consent of City.
The parties have executed this Agreement on the day and year
first above written.
Subdivision Agreement
Tract No. 4098
Page 14
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
VILLA ALMONDE PARTNERSHIP,
MARVIN D. JOHNSON a California General Partnership
PUBLI O K RECTOR
By: King Development Company,
a General Partner
ATTES ~—
Je f y H. Pg, Partn
JACQUELINE L. RYLE
CIT C RK � 1
By ti Ronalde tridge, P tner
Deputy ' $'` �
By: a ' a� ��►�,ti
APPROVED AS TO FORM: Frances Huffman,/
General Partner
` HARVEY WALLACE
CITY ATTORNEY
By C t Paul G. Wasemiller,
General Partner
(Attach Notary Acknowledgment)
LR:dk
-, 4978D/596
Revised 01/19/90
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PARTNERSHIP ACKNOWLEDGMENT NO.
California 19th Januar 90
State of On this the day of Y 19_,before me,
f SS.
County of Fresno JOAN LOUKIANOFF
the undersigned Notary Public,personally appeared
JEFFREY H. KING and RONAT.D D_ PRFSTRIDGE
IN personally known tome
lid LEl proved to me on the basis of satisfactory evidence
JOAN OUKIANO
°iOIL to be the person(s)who executed the within instrument on behalf of the
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i NOTARYpartnership,and acknowledged to me that the partnership executed it.
NOTARY 90NDFILED IN WITNESS my hand and official seal.
FRESNO COUNTY
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STATE OF LIFORNIA
COUNTY OF SS.
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befo e; the undersigned,a N tary Public in and for said State,personally appeared
s personally own to me or proved to me on the basis of satisfactory evidence.o e
of the partners of the partnership that executed the within lnstrurrlent,and acknowledged to ma that such partnership executed the same.
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STATE OF CALIFORNIA
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before me, the unders gned, a Notary Public in and for said State,
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WITNESS my hand and official seal. ,s_•t `'s� PRINCIPAL OI=F!;,r-
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(This arca for official notarial seal)
EXHIBIT "A"
10.101.10.201 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR
FIRE SAFETY
ARTICLE 10
FIRE PROTECTION
Division I
OPERATIONS AT FIRES OR OTHER EMERGENCIES
Authority at Fires and Other Emergencies
Sec.10.101.The chief and his authorized representatives,as may be in charge
at the scene of a fire or other emergency involving the protection of life and/or
property or any part thereof,shall have the power and authority to direct such
operation as may be necessary to extinguish or control any fire, perform any
rescue operation, investigate the existence of suspected or reported fires, gas
leaks or other hazardous conditions or situations or of taking any other action
necessary in the reasonable performance of their duty. In the exercise of such
power,the chief may prohibit any person,vehicle,vessel or thing from approach-
ing the scene and may remove or cause to be removed or kept away from the scene
any vehicle,vessel or thing which may impede or interfere with the operations of
the fie department and,in the judgment of the chief,any person not actually and
usefully employed in the extinguishing of such fire or in the preservation of
property in the vicinity thereof.
interference with Fire Department
Sec.10.102.Any person who obstructs the operations of the fire department in
connection with extinguishing any fire, or other emergency, or disobeys any
lawful command of the chief or officer of the fire department who may be in
charge at such a scene,or any part thereof.or any police officer assisting the fire
department,shall be guilty of a misdemeanor.
Authority to Barricade
Sec.10.103.The chief or other officer of the fire department in charge at the
scene of an emergency shall have the authority to place ropes.guards.barricades
or other obstructions across any street. alley, place or private property in the
vicinity of such operation so as to prevent accident or interference with the lawful
efforts of the fie department to manage and control the situation and to handle
fue apparatus.
Division II
GENERAL PROVISIONS
Tampering with Fire Equipment
Sec 10.201.No person shall molest.tamper with,damage or otherwise disturb
1
ISM EDITION 10.201-10.206
any apparatus,equipment or appurtenance belonging to or under the supervision
and control of the fire department without authority from the chief or his autho.
rized representative to do so.
Tampering with Fire Hydrant or Fire Appliance
Sec.10.202.No person shall remove,tamper with or otherwise disturb any fire
hydrant or fire appliance required to be installed or maintained under the provi-
sions of this code except for the purpose of extinguishing fire,training purposes,
recharging,or making necessary repairs,or when permitted by the fire depart-
ment. Whenever a firs appliance is removed as herein permitted, it shall be
replaced or reinstalled as soon as the purpose for which it was removed has been
accomplished.
Hydrant Use Approval
Sec. 10.203. No person shall use or operate any hydrant or other valves
installed on any water system intended for use by the chief for fire suppression
purposes and which is accessible to any public highway,alley or private way open
to or generally used by the public,unless such person fust secures a permit for use
from the chief.This section does not apply to the use of a hydrant or other valves
by a person employed by and authorized to make such use by the water company
which supplies water to such hydrants or other valves.
Tampering with Barricades,etc.
Sec. 10.204.No person,except a person authorized by the chief or a public
officer acting within the scope of his public duties,shall remove,unlock,destroy,
tamper with or otherwise molest in any manner any lock,gate,door.barricade,
chain,enclosure,sign,tag or seal which has been lawfully installed by the fire
department or by its order or under its control.
Closure of Roads or Trails
Sec.10.203.(a)General.The chief may require the installation and mainte-
nance of gates or other approved barricades across roadways, trails or other
accessways,not including public streets,alleys or highways. i
When required,gates and barricades shall be secured in an approved manneL
When required to be secured,roadways,trails and accessways shall not be used
except when authorized by the owner and the chief.
(b)Trespassing.No person,except a public officer acting within the scope of
his public duties,shall trespass upon any road or trail which has been closed and
obstructed in the manner authorized by this section without the express permis-
sion of the chief, nor shall any person park any vehicle so as to obstruct the
entrance to such road or trail.
Obstruction of Fire Protection Equipment
Sec. 10.206. (a) General. No person shall place or keep any post, fence,
vehicle.growth.trash.storage or other material or thing near any fire hydrant.fire
department connection or fire protection system control valve that would prevent
such equipment or hydrant from being immediately discernible or in any other
2
10.206-10.207 UNIFORM FIRE CODE
manner deter or hinder the fire department from gaining immediate access to said
equipment or hydrant.A minimum 3-foot clear space shall be maintained around
the circumference of the firs;hydrants except as otherwise required or approved by
the chief.
(b)Identification of Hydrants or Equipment.All fire protection equipment
or hydrants shall be clearly identif ied in a manner approved by the chief to prevent
t parking or other obstruction.
Fire Apparatus Access Roads
Sec. 10.207.(a)General.Fire apparatus access roads shall be provided and
maintained in accordance with the provisions of this section.
$ (b)Where Required.Fire apparatus access roads shall be required for every
building hereafter constructed when any portion of an exterior wall of the fust
story is located mote than 150 feet from fire department vehicle access..*
EXCEPTIONS: 1.W sten butkungs are completelyprotected with an approved
automatic fire sprinkler system,the provisions of this section may be modified.
2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions.the chief may require additional
fire protection as specified in Section 10.301(b).
3.When there are not more than two Group R.Division 3 or Group M Occupan-
cies,the requirements of this section may be modified,provided.in the opinion of
the chief,fire-fighting or rescue operations would not be impaired.
More than one fire apparatus road may be required when it is determined by the
chief that access by a single road may be impaired by vehicle congestion,
condition of terrain,climatic conditions or other factors that could limit access.
For high-piled combustible storage.see Section 81.109.
(c)Width.The unobstructuued width of a fire apparatus access road shall be not
I less than 20 feet.
(d)Vertknl Clearance.Fire apparatus access roads shall have an unobstructed
j vertical clearance of not less than 13 feet 6 inches.
EXCEPTION:Upon approval vertical clearance may be reduced,provided such
'_. reduction does not impair access by fate apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
(e)Permissible Modifications.Vertical clearances or widths required by this
section shall be increased when.in the opinion of the chief.vertical clearances or
i
widths are not adequate to provide fire apparatus access.
(f)Surface.Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be provided with a surface so
as to provide all-weather driving capabilities.
(g)Turning Radius.The turning radius of a fire apparatus access road shall be
as approved by the chief.
(h)Turnarounds.All dead-end fire apparatus access roads in excess of 150
feet in length shall be provided with approved provisions for the turning around of
fin:apparatus.
*as measured by an unobstructed route around the
exterior of the buidling.
3
1988 EDITION 10.207-10.301
(i)Bridges.When a bridge is required to be used as access under this section.it
shall be constructed and maintained in accordance with the applicable sections of
the Building Code and using designed live loading sufficient to carry the imposed
loads of fire apparatus.
0)Grade.The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief.
(k)Obstruction.The required width of any fire apparatus access road shall not
be obstructed in any manner.including parking of vehicles. Minimum required
widths and clearances established under this section shall be maintained at all
times.
(1)Signs. When required,approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both.
Premises Identlfleatlon
Sec.10.208.(a)General.Approved numbers or addresses shall be placed on
all new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property.Said numbers shall contrast with their
background.
(b)Street or Road Signs.When required by the chief.a street or road shall be
identified with approved signs.
Key Box
Sec.10.209.When access to or within a structure or an area is unduly difficult
because of secured openings or where immediate access is necessary for life-
saving or fire-fighting purposes,the chief may require a key box to be installed in
an accessible location.The key box shall be a type approved by the chief and shall
contain keys to gain necessary access as required by the chief.
Division III
INSTALLATION AND MAINTENANCE OF FIRE-
PROTECTION, LIFE-SAFETY SYSTEMS AND
APPLIANCES
Installation
Sec 10.301.(a)Type Required.The chief shall designate the type and number
of fire appliances to be installed and maintained in and upon all buildings and
premises in the jurisdiction other than private dwellings. This shall be done
according to the relative severity of probable fire, including the rapidity with
which it may spread.Such appliances shall be of a type suitable for the probable
class of fire associated with such building or premises and shall have approval of
the chief.
K
(b) Special Hazards. In occupancies of an especially hazardous nature or
where special hazards exist in addition to the normal hazard of the occupancy.or
d
10.301-10.302 UNIFORM FIRE CODE
where access for fire apparatus is unduly difficult,additional safeguards may be
required consisting of additional fire appliance units, more than one type of
appliance,or special systems suitable for the protection of the hazard involved.
Such devices or appliances may consist of automatic fire alarm systems, auto-
matic sprinkler or water spray systems,standpipe and hose,fixed or portable fire
extinguishers, suitable asbestos blankets,breathing apparatus, manual or auto-
matic covers, carbon dioxide. foam, halogenated and dry chemical or other
special fire-extinguishing systems. Where such systems are installed,they shall
be in accordance with the applicable Uniform Fire Code Standards or standards of
the National Fire Protection Association when Uniform Fire Code Standards do
not apply.
I (c)Water Supply.An approved watersupply capable of supplying the required
fire flow for fire protection shall be provided to all premises upon which buildings
or portions of buildings are hereafter constructed. When any portion of the
building protected is in excess of 150 feet from a water supply on a public street,as
I measured by an approved route around the exterior of the building,there shall be
3 provided,when required by the chief.on-site fire hydrants and mains capable of
supplying the required fire flow.
a Water supply may consist of reservoirs.pressure tanks,,elevated tanks,water
mains or other fixed systems capable of providing the required fire flow.In setting
the requirements for fire flow. the chief may be guided by the provision in
i Appendix III-A of this code.
The location,number and type of fire hydrants connected to a water supply
capable of delivering the required fire flow shall be provided on the public street
oron the site of the premises to be protected as required and approved by the chief.
All hydrants shall be accessible to the fire department apparatus by roadways
meeting the requirements of Section 10.207.
(d)Fire Hydrant Markers. When required by the chief. hydrant locations
I shall be identified by the installation of reflective markers.
(e)llming of Installation.When fire protection facilities are to be installed by
the developer.such facilities including all surface access roads shall be installed
and made serviceable prior to and during the time of construction.When alternate
methods of protection,as approved by the chief,are provided.the above may be
modified or waived.
(f)Approval and Testing.All fire alarm systems,fire hydrant systems.fire-
extinguishing systems(including automatic sprinklers),wet and dry standpipes.
basement inlet pipes,and other fire-protection systems and appurtenances thereto
shall meet the approval of the fire department as to installation and location and
shall be subject to such periodic tests as required by the chief.Plans and specifica-
tions shall be submitted to the fire department for review and approval prior to
Construction.
Maintenance
Sec.10.302.(a)General.All sprinkler systems,fire hydrant systems.stand-
pipe systems, fire alarm systems, portable fire extinguishers,smoke and heat
5
1988 EDITION 10.302-10.304
ventilators, smoke-removal systems and other fire-protective or extinguishing
systems or appliances shall be maintained in an operative condition at all times
and shall be replaced or repaired where defective.Fire-protective or extinguishing
systems coverage,spacing and specifications shall be maintained in accordance
with recognized standards at all times.Such systems shall be extended,altered or
augmented as necessary to maintain and continue protection whenever any build-
ing so equipped is altered,remodeled or added to.All additions,repairs,altera-
tions and servicing shall be in accordance with recognized standards.
EXCEPTION:Systems not required by this or any other code need not be
extended,altered nor augmented.
K
(b)Systems in High-rise Buildings.The building owner shall be responsible
for assuring that the fire and life safety systems required by Sections 1807 and
1907 of the Uniform Building Code shall be maintained in an operable condition
at all times.Unless otherwise required by the chief,quarterly tests of such systems
shall be conducted by approved persons.A written record shall be maintained and i
be made available to the inspection authority.
(c)Smoke-control Systems. Mechanical smoke-control systems,such as in
high-rise buildings,buildings containing atria,covered mall buildings and me-
chanical ventilation systems of smokeproof enclosures, shall be maintained in
operable condition at all times.Unless otherwise required by the chief,quarterly
tests of such systems shall be conducted by approved persons.A written record
shall be maintained and be made available to the inspection authority.
6
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EXHIBIT MAP " 5** 'IDA'1"QACT tJo. 4og8 ` g 1� `*z-9 8g
HANNA d HANNA INC.
ENGINEERS,SURVEYORS A PLANNERS
1707 N. FRESNO ST.
FRESNO, CA. 93703
nq 445-1061
EXHIBIT 'C'
SPECIFICATIONS FOR DEVELOPER STREET TREE PLANTING
AGREEMENT
DESCRIPTION OF WORK
The work shall involve submittal of a Street Tree Planting Plan,
obtaining underground utility clearances, site preparation,
planting, and maintenance of street trees until they are accepted by
the City. All trees must be planted according to Parks Division
specifications within 60 days after occupancy. The developer shall
be aware of and comply with City Ordinances governing tree planting
and traffic control regulations during the work . The Developer
shall perform all work necessary to complete the street tree
plantings in a manner satisfactory to the City. A copy of the Tree
Planting Agreement shall be available at the job site at all times .
STREET TREE PLANTING PLAN
Contact Parks Division to determine tree species specified for each
street .
A landscape plan shall be required for buffers and street frontage
adjacent to outlots. Plan shall be on 40-1/2 x 13 inch paper , in
street plan format . Trees may be planted at approximately 30 - 60
foot intervals. Parks Division shall specify street tree species to
be planted . If onsite trees are to be installed within 20 feet of
the City right-of-way, coordination with offsite trees is required
to avoid landscaping conflicts .
No landscape plan is required for residential lots , but if onsite
trees are to be installed within 20 feet of the City right-of-way,
coordination with offsite trees is requested to avoid landscaping
conflicts.
STREET TREE SPACING.
Whenever there is a conflict in abiding by the following standards ,
the Parks Division shall resolve the problem.
Street trees shall be spaced according to FMC 11-304.
Where there is a parkstrip street trees shall be spaced midway
between the sidewalk and curb.
Where there is a street tree easement area with an adjacent sidewalk
pattern, trees shall be planted at least 3 feet within the easement
area and a minimum of 2 feet from the property line.
Where there is a combination PPUE/right-of-way with an adjacent
sidewalk pattern, trees shall be planted at least 3 feet within 'this
area and a minimum of 2 feet from the property line .
Where there are nb sidewalk requirements, trees shall be spaced a
minimum of 3 feet from the curb and 2 feet from the property line .
Specifications for Developer Tree Planting
in New Subdivisions
Page 2
Trees shall be planted
30 feet from street corners and stop signs
15 feet from alleys
10 feet from id-,r iveways .
15 feet from flight , poles, arid' stop 'signs-l
15 feet from power poles
10 feet from fire hydrants
6 feet from concrete improvements when possible
8 feet from sewer lines
3 feet from gas and electrical lines
3 feet from water lines
2 feet from telephone and cable television lines
20 feet from other acceptable trees
2 feet from adjoining property line
STREET TREE SIZE, QUALITY, NUMBERS, AND LOCATIONS.
A copy of the Tree Planting Agreement shall be available at the job
site at all times. One street tree is required for each 60' of
public street frontage, with no less than one tree for each lot .
At a minimum, five-gallon trees are required along interior streets
and along major arterial streets .
Five gallon sized trees shall be at least one-half (1/2) inch in
caliper , and shall be at least four and one-half (4-1/2) feet tall.
Fifteen gallon sized trees shall be at least three-quarter (3/4)
inch in caliper , and shall be at least six (6) feet tall . Tree
height measurements shall be taken from the soil surface. All trees
shall have a habit of growth that is normal to the species , be
sound, healthy, vigorous, and free from excessive abrasions, or
other objectionable disfigurements . Tree trunks shall be sturdy and
well hardened off. All trees shall have normally well developed
branch systems with straight stems, with well balanced tops of
vigorous growth and with vigorous and fibrous root systems which are
not root nor pot bound . Root bound trees will not be accepted .
Trees shall be grown in nurseries which have been inspected by the
State Department of Agriculture and have complied with its
regulation.
Substitutions for the indicated trees will be permitted , provided
the substitute materials are approved in advance by the Parks
Division. Except for the variations so authorized , substitute trees
shall conform to the requirements of Tree Planting Permit Agreement ..
STREET TREE PLANTING SITES.
Sites shall be marked in accordance with City policies . USA
clearances shall have been completed prior to Parks Division review
of tree locations . The USA clearance numbers are to be given to
parks prior to any excavation to verify clearances were obtained and
assure work will proceed in a safe manner without any utility
Specifications for Developer Tree Planting
in New Subdivisions
Page 3
interruptions to property owners in the area. Sewer and water
branch locations shall have been marked on the curb face . Following
the installation of the sidewalk , curb and gutter, and building
foundation, the developer --shall mark the proposed .tree locations by -
painting a white circular spot on the curb face and contact
Underground Service Alert (USA) , and the appropriate nonsubscribing
agencies that may have underground facilities in the area.
Request Inspection: Arrange for field meet with Parks Inspector
two working days prior to desired meeting date to review proposed
planting loctions and move any proposed planting locations that may
conflict with underground facilities to satisfactory locations . The
common nonsubscribing agencies are:
1. Fresno City Public Works Department , (sewer line) ; 498-1401
2. Fresno City Electronics and Communication Division,
(traffic and light electrical ) ; 498-1486
4. Fresno Irrigation District 233-7161
5. Fresno Metropolitan Flood Control District 485-6330
6. Pinedale Water District 439-2362
In areas where drilling is not required , and following underground
utility clearance and/or upon completion of drilling, and upon
receiving approval from. Park s Division of proposed street tree
planting locations, the white spot on the curb face shall be
immediately painted black to designate that the area is ready for
planting.
IRRIGATION SYSTEMS.
When sprinkler systems are to be installed in a city parkway or
street tree easement area, they shall be installed in a manner that
does not conflict with the street tree planting locations
TRENCHING IN THE PARKWAY.
Trenching shall be performed in accordance with FMC 11-305(h )2.
which prohibits any excavation within a four foot radius of any
public tree.
DRILLING PROCEDURES.
Request Inspection: Notify Parks Inspector two working days in
advance of drilling date for inspection of drilling operations and
to check backfilling procedures and safety barriers. Soil must
settle 20 days prior to proceeding to tree planting.
Specifications for Developer Tree Planting
in New Subdivisions
Page 4
Areas without hardpan - If no hardpan condition exists , drilling
will not be necessary to prepare the site for planting. Utility
clearances will still be necessary to determine tree planting
locations . Utility clearance numbers, and date obtained , shall
be available to Parks Division inspectors at all times during
planting.
Drilling in Areas With Hardpan - At planting locations where
hardpan is within two feet of the soil surface, drilling will be
required . Drilling shall be scheduled following the
installation of the sidewalk , curb and gutter, and building
foundation . Drilling shall be carried out in accordance with
the drilling and inspection procedures .
Drilling shall be completed within the 14 days for which clearance
was obtained for approved locations . Holes shall be two feet in
diameter and drilled to a depth where visual evidence of the
subsurface sand or gravel drainage stratum is apparent . If no sand
or gravel drainage stratum is apparent , the drainage hole shall be
drilled to a minimum of eight (8) feet deep. Immediately following
drilling, the hole shall be backfilled with soil drilled from the
hole, using sufficient water to thoroughly saturate the backfill
material . Immediately following backfilling, the white spot
designating the planting site is painted black to indicate the site
has been drilled . The drilled sites are barricaded and checked
daily for five working days for soil settling. Soil levels are
adjusted as necessary during this time. After seven days , the
barricades and excess soil are removed .
PLANTING PROCEDURES
Request Inspection: For review of planting procedures on day
planting begins, contact Parks Inspector two working days in advance
to schedule field meet .
General Requirement . The developer shall furnish all labor ,
materials, trees, fertilizer, soil amendments, tools, equipment,
transportation, and shall perform all work required to prepare
the soil and plant the trees, together with maintenance of the
planted trees and cleaning up of the site, all as shown on the
plans and as directed by the City of Fresno.
Personnel . All work shall be done by qualified and trained.
persons. A qualified foreman should be present to oversee
and direct all work .
Safety. All workers shall comply with the State General
Industrial Safety Orders and must wear appropriate safety
equipment at all times while on the job . Adequate warning
devices, barricades, guards , cones, flagmen, etc. , shall be
supplied and used by the developer to provide protection
' Specifications for Developer Tree Planting
in New Subdivisions
Page 5
for the crews working, pedestrians , private property,
parked cars and vehicular traffic concerned in the area.
The developer is responsible to maintain an orderly flow of
traffic through all streets during the performance of the
work .
Grading. Before soil preparation is to begin , the entire
area that is to be planted shall be finish graded to lines
and grades established by the street plans . Filled areas
shall be sufficiently compacted to prevent settlement when
watered . The soil shall not be worked when the moisture
content is so great that excessive compaction will occur ,
nor when it is so dry that dust will form in the air or
that clods will not break readily. Water shall be applied
if necessary to provide ideal moisture for filling and for
planting as herein specified . The contractor shall finish
grade the tree planting area one and one-half (1-1/2" )
inches below the surfaces of all adjacent walks , curbs ,
mowstrips , paved areas, etc . , in all cases without abrupt
changes in gradient . The Contractor shall legally dispose
of buried debris found upon excavation , at no expense to
the City.
Planting Hole Preparation . In areas without hardpan or where
settling has already occurred, the planting hole shall be dug
two inches less than the depth of the rootball in clay soils and
one inch less than the depth of the rootball in sandy and loam
soils . Planting too deep often leads to crown rot and eventual
death of the tree . A few roots may show on the soil surfaces .
The hole shall be dug two and a half times wider than the
container or rootball and shall be dug with level bottoms. For
bareroot tree, the hole shall be wide enough to accommodate the
roots without bending them. The sides of the hole shall be
roughened to make it easier for the roots to penetrate. When
the planting hole has been previously drilled and the soil is
still settling, further attention shall be given to the depth of
the planting hole . Depending upon the length of time since
drilling, the hole may need to be as much as three inches
shallower than otherwise indicated to compensate for settling
still occurring, so that the tree will be at or slightly higher
than the surrounding grade after settling.
Handling of Rootball . Canned stock shall be opened by cutting
can vertically on two opposite sides of can with approved
instrument for the' purpose. An axe or spade will NOT be
permitted . No canned plant material shall be planted if the
ball is broken or cracked either before or during the process of
planting. Tree roots that are twisted, circling or kinked shall
be identified. The contractor shall cut and remove roots that
wrap around or are broken .
Specifications for Developer Tree Planting
in New Subdivisions
Page 6
Fertilizer . During the planting operation , apply (21 gram
20-10-5) Agriform planting tablets as follows: 1 ) Position the
tree in the hole and backfill halfway up the rootball . 2) Place
the recommended number of tablets evenly around the perimeter
of, and immediately adjacent to the rootball at a depth which is
between the middle and the bottom of the rootball .
Apply Agriform Plant Tablets or equivalent as follows:
5 gallon container plants 3 tablets
15 gallon container plants 7 tablets
24" boxed container plants 12 tablets
Tree Placement . Position the tree in the hole such that the
graft union will face into the prevailing wind, tipping the
rootball if necessary so that the tree stands upright . Add and
firm backfill soil gradually to maximize root-soil contact .
When the rootball has been halfway buried , place the recommended
number of Agriform fertilizer tablets or equal evenly around and
adjacent to the rootball , then refill the hole with original
soil . If the tree is to mature in the landscape , it will have
to grow into the existing soil of the planting site . Soil
amendments are not necessary.
Staking. Stake shall conform to the following specifications:
1. Lodgepole Pine, treated with copper Naphthalene to prevent
wood r of .
2. Eight feet in length .
3. Round in cross section, two inches in diameter .
4. Conically pointed .
Tree ties shall be 1" x 20" rubber straps , nailed to the stake.
One stake per tree will be required , placed on the windward side
of the tree. Place tree tie 6 inches above the lowest point
along the trunk where the tree 's wood will support itself.
Watering Procedures and Watering Basins . The watering basin for
the tree shall be at least 30 inches in diameter . A ridge four
to five inches high , with soil dug from the hole, makes a
sufficient water levee . To make certain the rootball receives
adequate water , build a temporary dike inside the first ,
slightly smaller or the same diameter as the rootball. The
inner circle will concentrate the water where it is needed most .
The basin shall be maintained free of turf or other ground cover .
A tree guard comparable to Arbor Guard manufactured by Deep Root
Corporation shall be installed on each tree.
Specificat;ons for Developer Tree Planting
in New Subdivisions
Page 7
INSPECTION OF PLANTING, INITIATION OF WARRANTY PERIOD.
Upon completion of all planting activity the Developer shall submit
a written request for inspection. Parks will accept new trees as
street trees when all of the above criteria have been met .
RELEASE OF STREET TREE SECURITY FEES.
Upon initiating a one-year warranty period with appropriate warranty
securities paid to the City of Fresno, Parks Division will authorize
release of improvement security.
The developer shall submit a written request for final inspection
and upon correction of trees found not in compliance with tree
planting specifications , Parks Division shall authorize release of
warranty security.
4145D/0089D
11/07/89