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HomeMy WebLinkAboutT-6091 - Conditions of Approval - 9/8/2016 CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 5,2015(REVISED SEPTEMBER 8, 2016) VESTING TENTATIVE TRACT MAP NO. 6091/UGM Located on the east side of North Cornelia Avenue between West McKinley and West Normal Avenues All vesting 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 vesting tentative tract 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. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management 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. 6091/UGM, "Exhibit A" dated June 12, 2015, the subdivider may prepare a Final Map in accordance with the approved vesting tentative map. 2. 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. Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 2 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 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. 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. 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 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; and in accordance with the requirements of State law as related to vesting 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 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. Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 3 GENERAL INFORMATION 10. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service 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. 11. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school districts' adopted schedule of fees. 12. 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," 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. 13. 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. 14. The subdivider is subject to 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. 15. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District as applicable for the control of fugitive dust requirements from paved and unpaved roads. 16. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 4 17. 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. 18. 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. 19. 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. Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 5 ZONING & PROPERTY DEVELOPMENT STANDARDS Walls/Fences/Landscape Easement 20. Provide a 6 foot high solid wall and 10-foot landscaped easement (and irrigation system) along North Cornelia Avenue to the north of West Peralta (Dori) Avenue and a 6 foot high solid wall and 15-foot landscaped easement to the south of West Peralta (Dori) Avenue in accordance with West Area Policy W-3-c. 21. Provide a corner cut-off area at all street intersections in accordance with Section 12-306-H-3-d of the Fresno Municipal Code. 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. Lot Dimensions 22. Lot dimensions shall match those depicted on the tract map dated June 12, 2015, for Vesting Tentative Tract Map No. 6091/UGM, excepting changes as required per the conditions of approval. 23. Minimum lot size shall be 6,000 square feet, pursuant to West Area Policy W-4-a. Building Setbacks 24. Building setbacks shall be in accordance with the R-1 zone district and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. Front yard: Front yard setbacks to living space shall be a minimum of 15 feet. The setback to the garage from property line must be a minimum of 20 feet, or 18 feet with a roll-up garage door. Interior side yard: Interior side yard setbacks shall be a minimum of five feet. Street side yard: Street side yard setbacks shall be a minimum of 10 feet. (standard lot) Rear yard: Rear yard setbacks shall be a minimum 20 feet. Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 6 Building Design 25. Design measures shall be incorporated into the house design to avoid featureless and/or repetitive building elevations. Design features may include variations in exterior walls, materials and/or colors. The streetscape shall not be dominated by garages. STREETS AND RIGHTS-OF-WAY 26. Comply with all of the requirements included within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated July 29, 2015 August 19, 2015. 27. As per Jon Bartel of the Public Works Department, West Peralta Avenue shall be changed to West Dori Avenue. 28. The existing house shall change its address from 2098 North Cornelia Avenue to a West Dori Avenue address. The changing of the address must be coordinated with the development of the project. The fee to change an address is $208. PARK SERVICE 29. Comply with the memorandum from the Public Works Department dated May 19, 2015. FIRE SERVICE 30. Comply with the memorandum from the Fire Department dated May 26, 2015. SOLID WASTE SERVICE 31. Comply with the memorandum from the Solid Waste Division dated July 24, 2015. SANITARY SEWER SERVICE 32. Comply with the memorandum from the Public Utilities Department dated June 22, 2015. WATER SERVICE 33. Comply with the Department of Public Utilities, Water Division memorandum dated May 21, 2015. FLOOD CONTROL AND DRAINAGE Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 7 34. Comply with the memorandum from the Fresno Metropolitan Flood Control District dated June 25, 2015. 35. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards with 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. FRESNO IRRIGATION DISTRICT (FID) 36. Comply with the letter from the Fresno Irrigation District dated May 29, 2015. COUNTY OF FRESNO 37. Comply with the letter, from the County of Fresno, Department of Public Health, dated May 21, 2015. COUNTY OF FRESNO — ROAD MAINTENANCE DIVISION 38. The County of Fresno, in an email dated May 29, 2015, recommends that a cul- de-sac turnaround facility be provided. RIGHT-OF-WAY 39. The developer will be responsible for the acquisition of any necessary right-of- way to construct any of the required improvements. 40. 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. 41. 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 Public Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; c. Landscape and irrigation plans (median island and street trees within all parkways); and Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 8 42. 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. 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. 43. 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 City Engineer. 44. 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. 45. 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. 46. 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. 47. 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 48. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 9 49. Comply with all the requirements included within the attached Department of Public Works, Traffic and Engineering Services Division memorandum regarding Maintenance Requirements dated May 13, 2015; and, the following: a) 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. • NOTE: 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. b) 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 Department for processing. Where applicable, 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. • NOTE: The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). If the outlots are to be included 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. c) 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, Landscape and Street Construction Plans are considered to be technically correct. d) 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 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. 50. Should the City Council or owner/developer choose not to include all of the maintenance items or certain items listed above in a CFD, then the property Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 10 owner/developer shall be responsible for establishing a Home Owners' Association (HOA) or other property based management mechanism which provides for the maintenance of these items 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. a) The subdivider shall establish a Home Owners' Association (or other approved mechanism) 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 HOA 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 September 01, 1994. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge[1] $0.10/sq. ft. (to 100' depth) b. Oversize Charge[1] $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge[2] $419/living unit Service Area: Cornelia d. Wastewater Facilities Charge[3] $2,119/living unit Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 11 e. 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. h. Frontage Charge [1] $6.50/lineal foot i. Transmission Grid Main Charge [1] $804/net acre (parcels under 5 gross acres) j. Transmission Grid Main Bond Debt Service Charge [1] $304/net acre (parcels under 5 gross acres) k. UGM Water Supply Fee [2] $508/living unit Service Area: 301-s I. Well Head Treatment Fee [2] $221/living unit Service Area: 301 m. Recharge Fee [2] $0/living unit Service Area: 301 n. 1994 Bond Debt Service [1] $60/living unit Service Area: 301 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee — Citywide [4] $539/living unit p. Park Facility Impact Fee— Citywide [4] $2278/living unit q. Quimby Parkland Dedication Fee [2] $1120/living unit r. Citywide Regional Street Fee— [3] $8,361/adj. acre s. New Growth Area Major Street Fee— [3] $18,790/adj. acre t. Police Facilities Impact Fee— Citywide [4] $624/living unit u. Traffic Signal Charge [1] $450.94/living unit Conditions of Approval Vesting Tentative Tract Map No. 6091/UGM August 5, 2015 Page 12 v. Street Acquisition/Construction Charge [2] N/A 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 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.