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HomeMy WebLinkAboutT-5449 - Conditions of Approval - 6/26/2008 (2) CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JANUARY 18, 2006 REVISED PER PLANNING COMMISSION DECISION ON FEBRUARY 15,2006 TENTATIVE TRACT MAP NO. 5449 NORTH SIDE OF EAST BUTLER AVENUE BETWEEN SOUTH PEACH AND SOUTH MINNEWAWA AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this tentative map. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Tentative Tract Map No. 5449 entitled "Exhibit A," dated January 18, 2006, the subdivider may prepare a Final Map in accordance with the approved tentative map and related Rezone Application No. R-05-22. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 2 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 10. Relinquish access rights to East Butler Avenue from all residential lots which abut this street. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. 11. Prior to final map approval, the owner of the subject property shall execute a "Right to Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The "Right to Farm" covenant shall be recorded prior to or concurrent with the recording of the Final Map of Tentative Tract No. 5449. 12. Provide enhanced landscaped entryways into the subdivision from East Butler Avenue. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 3 13. Install stamped concrete, paving stones, brick, flagstone, or other contrasting paving material along with "bulb-outs" in the street curb line to clearly demarcate the intersection of the proposed walking path at the intersections of South Orangewood and South Lind Avenues, and at two other locations (one on South Lind Avenue and another on South Orangewood Avenue) as approved by the Public Works and the Planning and Development Department Directors. Identify path material on Exhibit A of Tentative Tract Map No. 5449 dated January 18, 2006. Note that painted lines and/or speed bumps are not acceptable. Said contrasting paving materials along with "bulb-outs" in the street curb line are intended to act as traffic calming devices, without providing speed bumps. 14. Provide a minimum 23-foot pedestrian easement, along with landscaping, between proposed lots 1 Q�4° 17 and 32, 74 and 54, and 89 and 90. The maximum length of the pedestrian easement is 140-feet. The pedestrian easement shall be reviewed and approved by the Public Works and Planning and Development Department Directors. 15. Provide anti-graffiti landscaping for the required block wall along East Butler Avenue and at the intersection of East Butler and South Villa Avenues. 16. Prior to the development, sale, lease or finance of the remainder portion a "Certificate of Compliance" shall be requested from the City of Fresno. Landscaping and Walls 17. Pursuant to Section 12-1011-f of the FMC the developer/owner shall provide a 40-foot landscape easement (and irrigation system) along the southern property lines of lots which back-onto East Butler Avenue. 18. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required 40-foot landscape easement along East Butler Avenue. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 19. Provide a corner cut-off area at the intersection of East Butler and South Villa Avenues in accordance with Section 12-306-H-3-d of the FMC. Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 4 20. Construct a six foot high decorative masonry block wall at the rear of all parcels along the eastern property line. 21. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 22. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at (559) 621-8695 for information regarding the City's District. The property owners may petition the City for annexation to the City's District prior to final map approval. If approved by City Council, the following features may be maintained by the Community Facilities District see attached letter dated November 23, 2005. a. Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within any street, trail and landscape easements (including one half of any median islands) within East Butler Avenue and East Kings Canyon Road and bordering the tentative map. b. Maintenance of all sidewalks within East Butler Avenue and East Kings Canyon Road and bordering the tentative map. C. Maintenance of all interior local street pavement, curbs, gutters, sidewalks, medians and street furniture as approved by the Public Works Department within the boundary of the tentative map. d. Maintenance of street pavement, curbs, gutters, sidewalks, medians and street furniture as approved by the Public Works Department within South Villa and East Lowe Avenues to street centerline where they border the tentative map. e. Maintenance and operating costs of all street lights as approved by the Public Works Department within the boundary of the tentative map. f. Maintenance of all street trees as approved by the Public Works Department within the boundary of the tentative map. g. Maintenance and operating costs of police, fire, traffic control and recreation services as established by the Council of the City of Fresno. 23. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 5 of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 24. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 25. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. Lot Dimensions and Areas 26. Pursuant to Section 12-211.5-B of the FMC, all parcels within the R-1 zone district must provide the following minimum standards: Width Interior lots: 60 feet Corner lots: 65 feet Reversed corner lots: 70 feet Curved/cul-de-sac lots: 40 feet Depth Lots facing local streets: 100 feet 27. Pursuant to Section 12-211.5 of the FMC, all lots shall have a minimum lot area of 6,000 square feet. Building Setbacks 28. Building setbacks shall be in accordance with the R-1 zone district as shown on Exhibit A of Tentative Map Tract No. 5449 dated January 18, 2006, and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 6 29. No two story homes shall be constructed on proposed lots 35 through FF 48 through 54, 73 through 74, 79 through 81, 89 through 91, and 100 through 101, inclusive, on Tentative Tract Map No. 5449 dated January 18, 2006. Information 30. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school district's adopted schedule of fees. 31. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 32. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 33. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 34. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 35. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 36. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 37. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 7 paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 38. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 39. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 40. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). SOLID WASTE SERVICE 41. Comply with the memorandum from Donna Leslie of the Public Utilities Department, Solid Waste Division dated May 10, 2005. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 8 PARK SERVICE 42. Comply with the memorandum from Ann Lillie of the Public Works Department dated May 19, 2005. FIRE SERVICE 43. This project is within two miles of Fire Station No. MV 88 and future Fire Station No. 15. 44. Provide residential hydrants and fire flows per Public Works Standards with two sources of water. 45. Access is acceptable as shown on Tentative Tract Map No. 5449 dated January 18, 2006. 46. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. STREETS AND RIGHTS-OF-WAY 47. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 48. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the four-foot minimum unobstructed path requirement. 49. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Pubic Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, C. Landscape and irrigation plans (median island and street trees within all parkways). Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 9 50. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78-522, 88-229. 51. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for scenic drives (East Butler Avenue) and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 52. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 53. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 54. Comply with the memoranda from the Public Works Department, Engineering Division both dated. Comply with the memorandum from the Public Works Department, Engineering Division dated May 19, 2005, and January 13, 2006 (two memorandums, one to the attention of VRPA Technologies while the other is to the attention of Dawn Marple) MAJOR STREETS East Butler Avenue (Scenic Drive 55. Dedicate 30 feet of property, from section line, for public street purposes within the limits of this subdivision. 56. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. The curb pattern shall be constructed to a 10-foot residential pattern within the limits of this tract. Meander the sidewalk to eliminate impacts to the existing olive trees. Dedicate a pedestrian easement, as necessary to accommodate the meandering sidewalk. 57. Construct 20-feet of permanent paving (measured from face of curb) within the limits of this subdivision. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 10 58. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. 59. Relinquish direct access rights to East Butler Avenue from all lots within this tract. INTERIOR STREETS 60. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de- sacs, and underground street lighting system on all interior streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 50 and 60 foot streets. 61. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. Specific Requirements 62. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 63. Dedicate 30-feet of property from center line for street right of way along South Villa Avenue. Full off-site improvements are required on the east side. 64. Vacate the existing street right of way (30' from center line) adjacent to lot 43 Vacate a portion of right of way to create a 50' property line radius at the southeast corner of Lowe and Villa. Remove and replace exiting improvements to Public Works Standards. A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to the approval of the tentative map. Reserve 23' for pedestrian purposes. &5-. DediGate 25 feet on the Rerth and south side of the Genter IiRe adjaGent te lots 9 and 14 aR d 8 aR d 68 aIGRg Gott Liberty 4yeRUo 66. Dedicate a 23-foot pedestrian easement adjacent to lots 1 S2�9 17 and 32, 74 and 54, and 89 and 9C . See Exhibit "B". 6 484. 68-. Prev0de a 24 feet wide paved street eR Lewe and Liberty frem LiRd te MinRewawa and GORstri Gt a twe innh eyerTCITT rlay 69. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 11 Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. 70. The Owner/Developer shall signalize the intersection of South Peach and East Butler Avenues. Said signal shall be placed at its ultimate location based on the 2025 Fresno General Plan Circulation Element. This proposed construction of this signal shall include, but not limited to the following: a. The intersection shall be signalized to City of Fresno Standards complete with actuation, left turn phasing for the eastbound; westbound; and northbound approaches; and signal pre-emption. 1. Eligible signal work done by the developer is eligible for credit towards the TSMI (Traffic Signal Mitigation Impact) fee. 2. Eligible signal work done by this developer in excess of this projects TSMI fee obligation shall be reimbursable under the City's TSMI program, as approved by the Public Works Department. 3. Eligible signal work at this intersection can be credited against the required TSMI fee. 71. The City of Fresno has established a geometric layout and cost estimate for the improvements of the intersection of East Kings Canyon Road and South Minnewawa Avenue. The cost is estimated to be $260,000. Based on the equitable fair share percentage, the impact is 0.6%, which results in the amount of $1,560 mitigation fee. This fee is not eligible for fee credit or reimbursement as described in the Public Works Memorandum dated May 19, 2005. 72. The project shall pay its TSMI fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount for Tentative Tract Map No. 5449 is 442 101 (units) x 414.69 (fee rate as shown in the Master Fee Schedule) = $46,439.68 $41,883.69. SANITARY SEWER SERVICE 73. The following conditions are required to provide sewer service to the tract: 74. Construct an 8-inch sanitary sewer main in South Villa Avenue from East Butler Avenue north to East Lowe Avenue. 75. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 12 76. Abandon all existing on-site private sanitary sewer system. 77. A preliminary sewer design layout shall be prepared by the Developers Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developer's final map and engineered plan and profile improvement drawing for City review. 78. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 79. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for review and approval for any proposed additions to the sanitary sewer system. WATER SERVICE 80. The following conditions are required to provide water service to the tract: 81. Construct an 8-inch water main in South Villa Avenue from East Butler Avenue to East Lowe Avenue. 82. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 83. Separate water services with meter boxes shall be provided to each lot created. 84. Two independent sources of water meeting Federal and State Drinking Water Act Standards are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 85. Seal and abandon existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of Fresno standards. 86. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 87. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. 88. Installation of public fire hydrant(s) is required in accordance with City Standards. 89. Payment for installation of water service(s) and/or meter(s) is required. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 13 Right-of-Way Acquisition 90. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 91. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 92. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 93. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 94. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 95. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Planning and Development Department dated May 18, 2005. 96. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 14 FRESNO IRRIGATION DISTRICT 97. The developer/owner shall comply with the requirements in the letter from the Fresno Irrigation District dated April 21, 2005. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 98. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated May 5, 2005. CALTRANS 99. Consider the attached letter from Caltrans dated May 3, 2005. DEVELOPMENT FEES AND CHARGES 100. This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) b. Oversize Charge $0.05/sq. ft. (to 100' depth) C. Trunk Sewer Charge N/A Service Area: d. Wastewater Facilities Charge $2,119/living unit e. Copper Avenue Sewer Lift Station Charge N/A f. Fowler Trunk Sewer Interim Fee Surety N/A g. House Branch Sewer Charge N/A h. Millbrook Overlay Sewer N/A WATER CONNECTION CHARGES FEE RATE i. Service Connection Charge: Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 15 j. Frontage Charge $6.50/lineal foot k. Transmission Grid Main Charge $643/gross acre (parcels 5 gross acres or more) I. Transmission Grid Main Bond Debt $243/gorss acre (parcels 5 Service Charge gross acres or more) m. UGM Water Supply Fee N/A Service Area: n. Well Head Treatment Fee N/A Service Area: 501 o. Recharge Fee N/A Service Area: 501 p. 1994 Bond Debt Service N/A Service Area: 501 DEVELOPMENT IMPACT FEE q. Northeast Fresno Policing Area N/A r. Traffic Signal Charge $414.96/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* s. UGM Fire Station Capital Fee N/A Service Area: 15 t. UGM Park Fee N/A Service Area: 2 u. Major Street Charge N/A Service Area: D-1/E-2 v. Major Street Bridge Charge N/A Service Area: D-1/E-2 w. UGM Grade Separation Fee N/A x. Trunk Sewer Charge N/A Service Area: y. *Street Acquisition/Construction Charge N/A