Loading...
HomeMy WebLinkAboutT-6053 - Conditions of Approval - 8/21/2014 CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL JANUARY 15,2014 REVISED AUGUST 4,2014 REVISED VESTING TENTATIVE TRACT MAP NO. 6053/UGM "A PLANNED DEVELOPMENT" "A PHASED MAP" NORTHEAST CORNER OF NORTH HAYES AND WEST HERNDON AVENUES Please note that text in black strikethro nh was removed and text in black Italics was added in January 2014. Text in was revised July 2014, text was removed and Italics text was added. All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative tract map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. URBAN GROWTH MANAGEMENT REQUIRMENTS (GENERAL) The subdivider of property located within the Urban Growth Management (UGM) boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the UGM process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. GENERAL CONDITIONS 1 . Upon conditional approval of Vesting Tentative Tract Map No. 6053/UGM dated July 3, 2014, the subdivider may prepare a Final Map in accordance with the Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 2 approved tentative map and related Conditional Use Permit Application No. C-13-099 for the subject property. 2. An Air Impact Assessment (AIA) application for the proposed project shall have been submitted to the San Joaquin Valley Air Pollution Control District prior to the submittal/acceptance of any phase of the Final Map for recordation/processing. 3. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 4. Submit grading plans and a soils report to the City of Fresno Development and Resource Management Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). 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. 5. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Development and Resource Management Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 6. 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. 7. 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. 8. 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. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 3 9. The subdivider 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. 10. 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. 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. 11 . 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. 12. Relinquish direct vehicular access rights to North Hayes and West Herndon Avenues from all lots within the subdivision. GENERAL INFORMATION 13. Contact the United States Postal Service (USPS) for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least six months prior to the first occupancy, the Developer shall contact the local USPS representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. i) Attached for the subdivider/developer's use is a copy of the Mode of Delivery Agreement — New Construction Form. 14. 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 Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 4 independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. 15. 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 FMC. 16. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 17. 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. 18. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 19. 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. 20. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 21 . 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. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 5 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; and, 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. MITIGATION MONITORING REQUIREMENTS 22. Development of the subject property shall be subject to implementation of all applicable mitigation measures, fees, and timelines included within the Initial Study and Mitigated Negative Declaration prepared for Environmental Assessment No. A-13-004/A-13-005/R-13-011/R-13-0212/C-13-098/C-13-099/T- 6052/T-6053 dated December 20, 2013. a) The Mitigated Negative Declaration prepared for the proposed project is tiered off of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 and Air Quality MND. Development of the subject property shall be subject to implementation of all applicable mitigation measures included within the MEIR and Air Quality MND for subsequent projects; included herein by reference. ZONING & PROPERTY DEVELOPMENT STANDARDS 23. Pursuant to Rezone Application No. R 13 006 R-13-012 the subject property is proposed to be zoned R-1/EA/UGM (Single Family Residential District/Expressway Area Overlay/Urban Growth Management). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the respective R-1/EA/UGM zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-13-099. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 6 24. Approval of Vesting Tentative Tract Map No. 6053/UGM is contingent upon approval of Plan Amendment Application No. A-13-005 and Rezone Application No. R-13-012 and as a proposed "Planned Development" subdivision, approval of Vesting Tentative Tract Map No. 6053/UGM is contingent upon approval of Conditional Use Permit Application No. C-13-099. a) Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the R-1/EA/UGM zone district, including but not limited, to the following exceptions and/or specific conditions: garage and living area setbacks shall be no less than five feet from the back of sidewalk and living areas shall he RG less thaR eight feet from the back Of sidewalk; five foot side yard "use easements" and modified minimum lots sizes to as low as 337 3,235 (versus 5,000 square feet) and minimum width of 45 40 feet (versus 50 feet) and minimum depth of 8-9 68 feet (versus 90 feet) shall be permitted per Exhibits A-1 and A-2, and 3, all dated Deeember 11 , 2013 July 3, 2014. 25. The existing covenant for the subject property related to the conditions of zoning established through adoption of City Council Ordinance No. 2008-22 may be released upon Council Approval of Rezone Application No. R-13-012 for this subject property. Lot Area and Dimensions 26. Pursuant to Section 12-306-N-21 of the FMC the Director of the Development and Resource Management Department or the Planning Commission may modify the property development standards of the underlying zone district if determined that the proposed development conforms to the provisions of the abovementioned section. However, in no case shall proposed parcels be less than the following minimum standards: a) Proposed lots shall be configured and dimensioned in accordance with Vesting Tentative Tract Map No. 6053/UGM prepared DeGember 6, 2013 modified July 3, 2014. Building Setbacks 27. Building setbacks shall be provided in accordance with the Conditions of Approval and the approved site plan (Exhibit[s] "A") for Conditional Use Permit Application No. C-13-099. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 7 Fences, Hedges & Walls 28. Fences Hedges and Walls shall be provided in accordance with the Conditions of Approval and the approved site plan (Exhibit[s] "A") for Conditional Use Permit Application No. C-13-099. 29. 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 FMC at the rear of the required landscaped areas along North Hayes and West Herndon Avenues. A six-foot high wrought iron fence is permitted along the west and south property lines of Outlot "B" adjacent to West Herndon and North Hayes Avenues. 30. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Development and Resource Management Department for review prior to Final Map approval. 31 . All landscaping adjacent to walls or fences shall comply with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards." 32. Provide a corner cut-off area at all entryway intersections, where walls or fences are required, 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. ACCESS 33. Public access to common areas and/or private streets proposed within the boundary of the tentative map is permitted subject to either of the following: a) The subdivider shall execute a covenant to create mutual easements and reciprocal use agreements for purposes of public access to proposed common areas and/or private streets within the boundary of the tentative map; or, b) The subdivider shall include terms within the CC&R's, which include provisions for public access to proposed common areas and/or private streets within the boundary of the tentative map. The CC&R's shall be Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 8 submitted to the City of Fresno for review and approval by Development Services staff prior to recordation of a Final Map. c) Final, executed and notarized documents shall be recorded with or prior to recordation of a Final Map. d) All of the agreements required to be executed within this section shall run with the land and bind all successors and assigns. • NOTE: Any amendment to the above provisions or any other provision specifying any right of the City shall require the prior written consent of the City. LANDSCAPING AND OPEN SPACE 34. In accordance with Section 12-211 .5-E-3(b) of the FMC, the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system) along the North Hayes Avenue. • NOTE: Outlots "A" through and"C" of Vesting Tentative Tract Map No. 6053/UGM shall be utilized for private landscaping, private walkways, private streets, and private parking, recreational purposes and open space purposes in accordance with the requirements stipulated below. Except as mentioned above in Item 33. Ownership of the proposed above mentioned outlots will NOT be accepted by the City of Fresno. Where proposed, outlots SHALL remain private and NOT become city property. • Outlot "C" shall be the responsibility of the property owner to maintain privately by a mechanism approved by the City; also the portion of landscaping and irrigation in Outlot A of Final Tract Map No. 5914 shall be the responsibility of Final Tract Map No. 6053. a) Maintenance of Outlots "A" through "C" of Vesting Tentative Tract Map No. 6053/UGM shall be provided pursuant to the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. • NOTE: Pursuant to proposed City policy, Outlots "B" and "C" of Vesting Tentative Tract Map No. 6053/UGM may be applied as a fee credit against the City's Parkland Dedication/In-Lieu Fee (Quimby Act) and/or Park Facilities Fee, as appropriate. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 9 35. Two to five percent (2%-5%) of the site (less street dedications) should consist of common passive/active open space in accordance with: the City of Fresno Proposed Guidelines for Landscape Open Space and Pedestrian Walkway Requirements for Residential Development; the Conditions of Approval for Conditional Use Permit Application No. C 13-098 C-13-099. 36. Provide a minimum eight-foot wide landscaped strip in the form of a pedestrian and planting easement (PPE) at the south property line of Lot 1 of Vesting Tentative Tract Map No. 6053/UGM. a) All "end-block" landscape treatments shall be maintained in accordance with the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. 37. Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards," shall be required adjacent to all required walls or fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. 38. The subdivider is required to provide street trees on all public street frontages per the FMC and for the dedication of planting and buffer landscape easements as determined by the Development and Resource Management Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or, one tree per home (whichever is greater) by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, Water Efficient Landscape Standards. 39. Comply with all of the: (1) Street Tree, (2) Buffer Landscaping & Maintenance, (3) Median Island Landscape, (4) Outlots; and, (5) Trail requirements stipulated within the Department of Public Works memorandums from the Parks Supervisor dated November 4, 2013, December 26, 2013, and July 25, 2014. STREETS AND RIGHTS-OF-WAY 40. The following street names shall be corrected on the tentative map: Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 10 Street Name Status Required Change (Provide new street names (Interior Private Streets) Add for review & approval prior to recordation of a Final Map) 41 . 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. 42. A five foot Public Utility Easement (PUE) is required on the frontage of all lots. 43. Comply with all of the requirements of the Public Works Department, Engineering and Traffic Division memorandums dated December 16, 2013 and DeGember 34-, 2013 June 26, 2014. SANITARY SEWER SERVICE The nearest sanitary sewer main to serve the proposed project is a 15-inch sewer main located in North Hayes Avenue. Sanitary sewer facilities will be available to provide service to the tract subject to the following requirements: 44. Comply with all of the requirements of the attached Department of Public Utilities, Planning and Engineering Division memorandum dated October 23, 2013, except any reference to private utilities shall be removed. 45. The following conditions shall be added to the memorandum dated October 23, 2013, which reflect the allowance of public utilities within private streets. Public sewer service is allowed within private streets for Vesting Tentative Tract Map No. 6053/UGM subject to the following: a) The granting of a public utility easement (P.U.E.). b) The Subdivider shall include at a minimum, the following terms in the Covenants, Conditions, and Restrictions, subject to approval as to form by the City Attorney: i) Compliance with Section 12-1026 of the Fresno Municipal Code, as may be amended. ii) Compliance with Chapter 6 of the Fresno Municipal Code, relating to municipal services, as may be amended. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 11 iii) City Easements: Subdivider shall include a section of the Declaration entitled "City Easements"wherein Declarant reserves, for the benefit of the City, non-exclusive easements to enter the Community for the maintenance, repair and replacement of the public water and sewer mains and lines that are to be located within the private streets, and other public utility facilities. This section shall also allow the City, at a minimum, to engage in any and all traffic control measures necessary to preserve public health and safety during such maintenance, repair and replacement of the facilities. Finally, this section shall provide that neither the Association nor any Owner may interfere with the City's right to exercise this easement. iv) Costs of repair and/or replacement of asphalt and other street improvements within the community due to repair of public utilities within the streets is at the expense of the Homeowner's Association. These repairs and/or replacement will be to City Standards. v) The Homeowner's Association agrees to hold harmless, indemnify and defend the City of Fresno, and its officers, officials, employees, agents and volunteers, against any claims or causes of action on account of or arising out of the City's maintenance, repair or replacement of utilities or related replacement of asphalt or street or other improvements The Homeowner's Association waives and releases any and all claims or causes of action against the City related to such repairs. vi) Insurance provisions consistent with City requirements as determined by Risk Management. vii)Amendments Requiring City Approval. Proposed amendments to Section of this Declaration, entitled "City Easements,"shall be approved as to form by the City Attorney prior to the amendments to such Section being valid. No later than the date that is thirty (30) calendar days after its receipt of a proposed amendment, the City shall deliver written notice of its approval or disapproval of the proposed amendment to the party who delivered the proposed amendment to the City. If the City fails to deliver such written notice within such thirty (30) calendar day period, the City shall be deemed to have approved the proposed amendment. WATER SERVICE The nearest water main to serve the proposed project is a 16-inch main located in North Hayes Avenue. The following conditions are required to provide water service to the project: 46. Comply with all of the requirements of the attached Department of Public Utilities, Water Division memorandum dated October 21 , 2013, except any reference to private utilities shall be removed. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 12 47. The following conditions shall be added to the memorandum dated October 21, 2013, which reflect the allowance of public utilities within private streets. Public water service is allowed within private streets for Vesting Tentative Tract Map No. 6053/UGM subject to the following.- a) ollowing.a) The granting of a public utility easement (P.U.E.). b) The Subdivider shall include at a minimum, the following terms in the Covenants, Conditions, and Restrictions, subject to approval as to form by the City Attorney: i) Compliance with Section 12-1026 of the Fresno Municipal Code, as may be amended. ii) Compliance with Chapter 6 of the Fresno Municipal Code, relating to municipal services, as may be amended. iii) City Easements: Subdivider shall include a section of the Declaration entitled "City Easements"wherein Declarant reserves, for the benefit of the City, non-exclusive easements to enter the Community for the maintenance, repair and replacement of the public water and sewer mains and lines that are to be located within the private streets, and other public utility facilities. This section shall also allow the City, at a minimum, to engage in any and all traffic control measures necessary to preserve public health and safety during such maintenance, repair and replacement of the facilities. Finally, this section shall provide that neither the Association nor any Owner may interfere with the City's right to exercise this easement. iv) Costs of repair and/or replacement of asphalt and other street improvements within the community due to repair of public utilities within the streets is at the expense of the Homeowner's Association. These repairs and/or replacement will be to City Standards. v) The Homeowner's Association agrees to hold harmless, indemnify and defend the City of Fresno, and its officers, officials, employees, agents and volunteers, against any claims or causes of action on account of or arising out of the City's maintenance, repair or replacement of utilities or related replacement of asphalt or street or other improvements The Homeowner's Association waives and releases any and all claims or causes of action against the City related to such repairs. vi) Insurance provisions consistent with City requirements as determined by Risk Management. vii)Amendments Requiring City Approval. Proposed amendments to Section of this Declaration, entitled "City Easements,"shall be approved as to form by the City Attorney prior to the amendments to such Section being valid. No later than the date that is thirty (30) calendar days after its receipt of a proposed amendment, the City shall Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 13 deliver written notice of its approval or disapproval of the proposed amendment to the party who delivered the proposed amendment to the City. If the City fails to deliver such written notice within such thirty (30) calendar day period, the City shall be deemed to have approved the proposed amendment. SOLID WASTE SERVICE This tract will be serviced as Single Family Residential Properties with Basic Container Service, subject to the following conditions: 48. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated DeGember 31 2013Revised June 23, 2014 Second Revision. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 49. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated january 10, gni^ July 1, 2014. FLOOD CONTROL AND DRAINAGE 50. 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 FMC. These requirements are identified in the District's letters to the Development and Resource Management Department dated November 4, 2013. 51 . The FMFCD system does not have the capacity to serve the proposed development. The developer is required to mitigate the impacts of increased runoff. The developer may either make improvements to the existing pipeline system to provide additional capacity or may construct some type of permanent peak reducing facility in order to eliminate the adverse impacts on the existing system. The developer shall work with the FMFCD and the Development and Resource Management Department staff. CENTRAL UNIFIED SCHOOL DISTRICT 52. The developer/subdivider shall comply with all of the requirements of the attached Central Unified School District memorandum dated November 4, 2013. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 14 FRESNO IRRIGATION DISTRICT 53. Comply with all of the requirements of the attached Fresno Irrigation District memorandum dated November 1 , 2013. COUNTY HEALTH 54. Comply with all of the requirements of the attached County of Fresno Department of Public Health memorandum dated October 16, 2013. AIR DISTRICT 55. Comply with all of the requirements of the attached San Joaquin Valley Air Pollution Air District memoranda dated October 21 , 2013. PACIFIC GAS & ELECTRIC 56. Comply with the attached Pacific Gas & Electric (PG&E) email dated December 16, 2013 and site plan dated December 13, 2013 depicting the existing easement and available/proposed offset to residential units. 57. Verify with PG&E what access over the trail is needed and work with the Public Works Department to determine appropriate access. RIGHT-OF-WAY ACQUISITION 58. The developer will be responsible for the acquisition of any necessary right-of- way to construct any of the required improvements. 59. 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. 60. 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. 61 . 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 Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 15 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. 62. 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. MAINTENANCE OBLIGATIONS 63. The long term maintenance and operating costs, including repair and replacement, of certain required public improvements ("Services') associated with all new Single Family developments are the of all the items fisted below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for maintenance of such items. a) The following public improvements are eligible for Services by CFD No. 11 as associated with this development.- i) evelopment.i) Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the public street right-of-ways and landscape easements; including without limitation, ADD %2 of the median island, parkways and buffers along West Herndon and North Hayes Avenues. ii) NOTE: The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included and approved into the Community Facilities District (CFD). If the outlots are to be included and approved into the CFD, the Department of Public Works will require that landscape and irrigation plans be submitted with landscape buffer plans for approval prior to inclusion into the CFD. iii) All landscaping, trees, irrigation systems, park concrete work and amenities associated with Outlot B and as approved by the Public Works Department. iv) All landscaping, trees, irrigation systems, hardscaping and amenities within the bike/pedestrian/landscape easement along West Herndon Avenue. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 16 v) �Arv�uinte oe of sidewalks and street furniture ire asapprovedby the P blip Works Department within the p olio street right-of-ways and fhce lands ne easements associated with the subdivision. rrn�crlEap�c-a1cnT��v�,ur �arv�vrr. vi) Main e�Tce of a�llll�landseene and irrigation }systems on s,�ide.,s, and irn� Tmediaca ns,, decerative GORGFeCl.`-Gh .steri.rs-nom luded s e 'T'7 treatments to the tract vii) Concrete curb and gutters, sidewalks, curb ramp, ADD %2 median island concrete maintenance band and cap, expressway barrier fence, and street lights within the public rights-of-way in West Herndon Avenue. viii)Concrete curb and gutters, sidewalks, curb ramps, median island curbing and hardscape, and street lights within the public rights-of-way in North Hayes Avenue, including the valley gutter and paving within the street rights-of-way at the entrance. 64. Outlot "C" shall be the responsibility of the property owner to maintain privately by a mechanism approved by the City, also the portion of landscaping and irrigation in Outlot "A" of Final Tract Map No. 5914 shall be the responsibility of Final Tract Map No. 6053. 65. If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. a) Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (http://www.fresno.gov) under the Public Works Department Developer Doorway. 66. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development and Resource Management Department for processing. This shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. 67. Proceedings to place the Final Map into a CFD shall not commence until the Final Map has been annexed into the City of Fresno and the Final Map, Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 17 Landscape and Street Construction Plans are considered to be technically correct. 68. If the developer/subdivider elects to petition for annexation into the City's CFD, 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 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 CFD assessment. 69. Should the City Council or owner/developer choose not to include the maintenance items listed above in a CFD, then the property owner/developer shall create a homeowners' association for the maintenance of these items and proposed private streets, utilities, outlots and walls/gates. a) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the FMC. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met, then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Development and Resource Management Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Development and Resource Management Department Guidelines for preparation of CC&Rs dated January 11 , 1985. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 18 70. Comply with the attached memorandum from the Public Works Department- Traffic and Engineering Services Division dated November 12, 2013 August 1, DEVELOPMENT FEES AND CHARGES GOVERNMENT CODE§66020(d)(1) A protest filed pursuant to subdivision (a) shall be filed 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 other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments to be completed with development. SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) c. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge [2] Service Area: Cornelia $419.00/living unit e. Wastewater Facilities Charge [3] $2,119.00/living unit f. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE g. 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 Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 19 h. Frontage Charge [1] $6.50/lineal foot i. Transmission Grid Main Charge [1] $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt [1] Service Charge $243/gross acre (parcels 5 gross acres or more) k. UGM Water Supply Fee [2] $407.00/living unit Service Area: 201-S I. Well Head Treatment Fee [2] $0/living unit Service Area: 201 m. Recharge Fee [2] $0/living unit Service Area: 201 n. 1994 Bond Debt Service [1] $0/living unit Service Area: 201 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee — Citywide [4] $539.00/living unit p. Park Facility Impact Fee — Citywide [4] $2,278.00/living unit q. Quimby Parkland Dedication Fee [2] $1 ,120.00/living unit r. Citywide Regional Street Fee [3] $8,361 .00/adj. acre s. New Growth Area Major Street Fee [3] $18,790.00/adj. acre t. Police Facilities Impact Fee — Citywide [4] $624.00/living unit u. Traffic Signal Charge [1] $450.94/living unit v. Street Acquisition/Construction Charge [2] N/A Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023 requiring the payment of County Public Impact Facilities Impact Fees. The Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 20 effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009 — 01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1 , 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy.