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HomeMy WebLinkAboutT-5493 - Conditions of Approval - Revised - 5/24/2018 City of Development and Resource Management Department 2600 Fresno Street, Third Floor, Room 3065 Jennifer K. Clark, AICP, HDFP Fresno, California 93721-3604 Director (559) 621-8003, FAX (559) 498-1012 Date: May 24, 2018 To: Wilma Quan-Schecter, City Manager From: Jennifer K. Clark, AICP, HDCP, Development and Resource Management Department Director Subject: Request to Revise Conditions of Approval Entitlement No: Vested Tentative Tract Map No. 5493 Project Address: 4650 North Bryan Avenue APN: 512-030-98 & 512-030-97 The Fresno City Council adopted Ordinance No. 2016-44 adding subsection (c) to Section 2-402 of the City of Fresno Municipal Code stating that no official, employee, or agent of the City is authorized to modify, amend, delay or waive any provision of a contract, development agreement, subdivision provision of the Charter, Municipal Code, resolution, or an implementing document expressly provides such authority to a person other than the City Manager. The applicant for the entitlement listed above has requested modifications to Conditions of Approval originally dated August 31, 2005. Attached you will find the memos approving the revisions which pertain to Public Utilities Department (memo dated October 30, 2017) and Public Works Department (memos dated October 30, 2017 and January 18, 2018). The Development and Resource Management Department has revised the Conditions of Approval letter which is now dated May 24, 2018, to reflect the revised Conditions of Approval. Revisions are in red ink. For questions regarding the project, please contact: Andreina Aguilar, Planner II (559) 621-8075 Andreina.Apuilara.fresno.gov RECOMMEND: e•',�-APPROVAL )(APPROVAL J ❑ DENIAL Za AL fo en K. Clark Date Date irector City Manage CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 31,2005 MAY 24,2018 REVISED VESTING TENTATIVE TRACT MAP NO. 5493/UGM EAST SIDE OF NORTH BRYAN AVENUE, BETWEEN WEST SHAW AND WEST GETTYSBURG 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 vesting tentative 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. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5493/UGM entitled "Exhibit A," dated dune 1, 2005 November 2, 2017, and "Exhibit A-1" dated August , 2405 November 2, 2017, the subdivider may prepare a Final Map in accordance with the approved tentative map, and the related Rezone Pre-zone Application No. 8517 18-001 and Annexation Application No. ANX-18-001. and Gen ditienal Use Permi# AppliGatien Ne. G 05 81. 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 Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 2 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 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 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 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. 9a. 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. 9b. 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 City and/or County of Fresno and that the residents of the subject 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 any Final Map of Vesting Tentative Tract No. 5493/UGM. Landscaping and Walls Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 3 10. Pursuant to West Area Community Plan Policy No. W-3-c, the developer/owner shall provide a 15-foot landscape easement (and irrigation system) along the east west property lines of lots which back-onto or side-onto North Bryan Avenue and the south property lines of lots which back-onto or side-onto West Gettysburg Avenue. 11 a. Construct a 6-foot high solid masonry wall (at finished grade of proposed site) pursuant to Fresno Municipal Code Section 12-1011(f)(3) for all lots which side-onto or back-onto North Bryan and West Gettysburg Avenues. 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. 11 b. Provide a corner cut-off area at all intersections, driveways and alleys where walls or fences and/or landscaping are proposed and/or required, in accordance with Section 15- 2018 of the FMC. a. Street Intersections. Vegetation and/or structures, flagpoles, signs, fences or walls may not exceed a height of three feet within the triangular sight-distance area formed by the intersecting curb lines (or edge of pavement when no curb exists) and a line joining points on these curb lines at a distance of 30 feet along both lines from their intersection. i. Trees that are located within the sight distance triangle shall have a clearance of eight feet high minimum between the lowest portion of the canopy and the sidewalk and street. b. Driveways and Alleys. Visibility of a driveway crossing a street lot line shall not be blocked above a height of three feet by vegetation or structures for a depth of 12 feet as viewed from the edge of the right-of-way on either side of the driveway at a distance of 12 feet. Street trees shall be pruned at least seven feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers. 12. GenStFUGt I Lot to Fresno Mynfnir� e Sc�n�2011(f)(3) at the rear--sof Lots82 89, inGIiiTa-i— shall also be a 10 feet laRGIGGape easement OR the nE)rth Side Of said lets a. Pursuant to Section 15-4105-G-2-b of the FMC, when the street side yard of a corner lot faces the front yard of a home across the street (i.e., Lots 26, 27, 38, 88, 94, 95, 101, 102, 108, 109, 115, 116, 126, 127, 137, 138, 162, 163, 177, 191, & 216 of Revised Vesting Tentative Tract Map No. 5493/UGM dated November 2, 2017), a minimum landscape easement of five feet and irrigation system is required along the street side yard of the respective corner lot; unless a minimum four-foot wide park strip is provided between the curb and sidewalk. x NOTE: Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards," shall be required Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31 2005 May 24, 2018 Page 4 within a landscape strip between the required wall and adjacent sidewalk. The landscape buffer area shall be maintained in accordance with the Maintenance Obligations stipulated herein; 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. b. Execute a covenant for Lots 26, 27, 38, 88, 94, 95, 101, 102, 108, 109, 115, 116, 126, 127, 137, 138, 162, 163, 177, 191, & 216 of Revised Vesting Tentative Tract Map No. 5493/UGM dated November 2, 2017, for which retention and maintenance of an end-block landscaped easement on a corner lot is the responsibility of the respective property owner prior to recordation of a Final Map. x NOTE: The covenant shall disclose and acknowledge all responsibilities associated with these conditions of approval to prospective buyers when individual lots are sold and identify terms, as appropriate, to assure compliance. The covenant shall be prepared in a form approved by the City of Fresno. c. Proposed Outlots A, B, C, & D of Revised Vesting Tentative Tract Map No. 5493/UGM dated November 2, 2017 shall be dedicated for common open space purposes and shall be maintained in accordance with the Maintenance Obligations stipulated herein; 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. d. Construct a 6-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 15-2006 & 15-2018 of the FMC along the property line of all residential lots which abut proposed Outlots A, B, C, & D (i.e., Lots 13, 14, 32, 33, 39, 153, 154, 171, & 172 of Revised Vesting Tentative Tract Map No. 5493/UGM dated November 2, 2017). The height of the required wall shall be reduced to no more than three feet in height within the respective front yard setback areas of the adjacent residential lots x NOTE: An opening in the masonry wall may be permitted to provide a gate for access if approved by the Development and Resource Management Department Director. e. Pursuant to Section 15-4105-G-2-a of the FMC, when a Local Street intersects a Major Street and the corner lot sides onto the Local Street, the corner lot shall provide a minimum 8-foot wide landscaped strip (or easement subject to the conditions contained herein below) and irrigation system along the street side yard of the respective corner lot. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 5 a. A greater landscape strip may be necessary for visibility purposes pursuant to Section 15-208 of the FMC; and/or for purposes of inclusion within the Community Facilities (CFD) for maintenance purposes. i. Dedicate a minimum 10-foot wide landscape easement along the street- side property lines of proposed Lots 56, 57, 76, & 77 of Revised Vesting Tentative Tract Map No. 5493/UGM and include within the CFD for maintenance purposes. b. A minimum 6-foot high masonry wall (at finished grade of proposed site) pursuant to the solid wall shall be placed at the rear of the landscape strip or easement in accordance with the requirements of Section 15-2006 & 15-2018 of the FMC. 13. In accordance with Fresno Municipal Code Section 12-306-H.2.a(1), the maximum fence height allowed is 3 feet within that triangular area where the rear and street side property lines meet for Lot 42-3 177. This area shall be measured 20 feet along the south and west property lines and the third leg shall connect those two lines 14. 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. 15. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. If approved by Council, the following features may be maintained by a Community Facilities District: a. Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street easements (including medians) and the 15 foot wide landscape easements along the property lines that side or back-onto North Bryan and West Gettysburg Avenue: b. Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within Outlets B, r' €A, B, C, and D. c. Maintenance of sidewalks and street furniture as approved by the Public Works Department within the street easements and landscape easements along the property lines that border North Bryan and West Gettysburg Avenues. d. Maintenance of all interior pavement, curbs and gutters, sidewalks, medians, and street furniture for all public local streets within the boundary of the tentative map. e. Maintenance and operating costs of all street lights as approved by the Public Works Department within the boundary of the map. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 6 f. Maintenance of all street trees as approved by the Public Works Department within the boundary of the tentative map. 16. 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. 17. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 4-3 15, 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. 18. Proceedings to place the final map into a CFD may not commence until the territory has been annexed into the City of Fresno. 19. 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 Planning and Development Department for review prior to Final Map approval. This shall include a street tree location and street tree species (by street) map. Landscaping plans shall contain the actual tree and plant counts by species and include the areas (square feet) of turf, shrubs, trees and sidewalks or other paved areas within all landscaped areas. Multi-purpose Trail 20. Exhibit 9 Figure MT-2 of the 2025 Fresno General Plan, "Mult;_o„r.,e Paths and Trails PlaR Map", depicts the realignment of a biGyGleipedestFianiequestr,an tFail and a Class 1 bicycle/pedestrian Path #a+-on the project site. The developer/owner shall construct this trail, shown as Outlot A, B, and C, as required by the Public Works and Development and Plannip@ and Resources Management Departments. Outlot D shall serve as open space incorporated into the subdivision. Provide a 6-foot solid masonry wall where Outlot D abuts Lots 153, 154, 171, and 172. 21. Maintain an appFepFiate width fer the trails aIGRg the neFth side ef the subjeGt site, the west side of North Gresta AveRwe, a'E)Rg the east boURdaFy of the F=MF=GD PeR&4g basin and aleng NeFth�nAvenue, shGWR en Exhibit /� '1 dated August '17 '�5. �vr rrrcv�u��a$�rrvvrrr-vrr , r yr-r-�� Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31 2005 May 24, 2018 Page 7 landSGape er planting and publiG utilities easements. Refer te PubliG Werk-S memeranrdiim dated August ist 29 2005 Building Setbacks 22. Building setbacks shall be in accordance with the R-4 zone district for Lots 75- 243 as shown on Exhibit "A-1" of Vesting Tentative Map Tract No. 5493/UGM dated August 17, November 2, 2017, and the provisions of SeGtie„ 1`'moi Article 9, Chapter 15 of the Fresno Municipal Code (FMC), �i�? ethene,ise notedince ^ems subject to the approval of Rezone Application No. R-18-001 and Annexation Application No. ANX-18-001. 23. Building setbacks for Lots 1-74 as shown on Exhibit "A 1"of Vexing Tentative Map TraGt Ne. 5493/UGM dated August 17, 2005, have been medified subjeGt te the appro of the related Conditional Use PeFmit App"E;atiOR No. G . Garage setback shall be in accordance with the RS-5 zone district, per Table 15-903-2 of the FMC. Provide a garage setback of four feet behind the primary facade of the building and an 18-foot garage setback from the back of sidewalk. 24. Prooposedlot 1�24on Vesting—Tentative—TFaGtMap No. 5493/UGM dilated August 1-7, 2005, is Gensidered a key let. Provide a 10 feet side yard aleng the nerth preperty4iRe of this Ivn+ vr-n-rr�--rc. Information 25. Vesting Tentative Tract Map No. 5493/UGM is subject to Council approval of related Rezone Application No. R-0 -17 R-18-001. 26. Vesting Tentative TraGt Map Ne. 5493/UGM is subjeGt to Planning Gemmisslien appr of relater) GeR ditienal Use Permit Appliea+inn No G 05 81 27 The prepesed tentative trent man shall be annexed to the Gity of Cresnn venni irrent w4h or prier to final tract_ p approval pursuant required fees and pelinies of the Free County LOGal AgenGy Cermatien Gernmission and the Gity of Fresno, OnGlydiRg the North Central Core Distrin+ Approval of Vesting Tentative Tract Map No. 5493/UGM is contingent upon City Council approval of Annexation Application No ANX-18-001; and, the following: a. Recordation of a Final Map is contingent upon annexation to the City of Fresno and detached from the Kings River Conservation District and North Central Fire Protection District. xNote: These actions are under the jurisdiction of the Fresno Local Agency Formation Commission (LAFCO). The applicant, subdivider or developer is subject to and responsible for payment of any/all required fees for the entirety Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 8 of the annexation pursuant to the policies of LAFCO and the City of Fresno; including any cost incurred to the City of Fresno by the detachment of all of the annexation's property form the North Central Fire Protection District. 28. 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 district's adopted schedule of fees. 29. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 30. 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. 31. 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. 32. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 33. 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 Sheriffs 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. 34. ferrvmolly r Fd `J r mm da ns mete to s to any further Teee,�ed, a�a--reEe,,,nTep�t+e„���� �+t s+te i RVeotigatien or site ayoidaRGe/presewatien measures. 35. 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. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August ',2005 May 24, 2018 Page 9 36. 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. 37. 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. 38. 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 Solid Waste Service section). PARK SERVICE 39. Comply with the attached memo from the, Public Works Department dated '�,'�05 November 1, 2017 for street tree requirements. Urban Growth Management Requirements 40. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. FIRE SERVICE Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August ',2005 May 24, 2018 Page 10 41. This project is within three miles from temporary and permariorit location of Fire Station No. 18 and the permanent location on West Shaw Avenue, west of North Hayes Avenue. Any construction of buildings prior to the completion of the temporary City of Fresno fire station located near the intersection of North Grantland and West Bullard Avenues must meet the Urban Growth Management requirements for fire service. 42. Provide residential hydrants and fire flows per Public Works Standards with two sources of water, as required with the attached Fire Department memo dated November 2, 2017. Urban Growth Management Requirements 43. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval, for Fire Station No. 18. Fee payment may be deferred U44W 4.50°�etheFIVIG through execution of a Fee Deferral Covenant in accordance with the requirements of Section 12-4.508-D-3 of the FMC. SOLID WASTE SERVICE 44a. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 44b. A covenant is required for Lots 195 and 196, which shall require that the said lots place their waste containers in front along North Crest Avenue on solid waste service days in accordance with City of Fresno and Solid Waste Division Standards. 45. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 46. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 47. Project phasing: All streets shall connect to one another or a temporary turnaround shall be provided. The turnaround shall be large enough to accommodate a solid waste truck that is 35' long and has a turning radius of 44 feet. Turnaround shall be kept clear of vehicles by 6:00 a.m. on the solid waste service day. 48. Turning Template: Developer shall provide a turning radii of at least 44 feet per Solid Waste requirements. template f„r the gated seGti„r, of this s, bdiyisien. GeMers chew 40 fE)Gt tUFRORg radius and Selid Waste requires a 44 fOOt tYFRiRg radius. 49 Selmd Waste ror. iros Inness to Nates by 6:00 a.m. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31 2005 May 24, 2018 Page 11 50. The frentage fer lets 12, 22, 37 and 53 may need te be inGreased to allew adeq, cna�e- the Ger�en4 nlaGement of � amid waste Gen�norc The Gentninors pro �-a �rr� c.�prc` z-vim rrc�-vva�-c�. -r -rcro�rn� ��.r-arc appreximately 3 feet wide and need te be spac;e 4 feet apart, whiGh requires 17 fee . STREETS AND RIGHTS-OF-WAY 51 . 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. 51 b. If not already dedicated, provide a 72'-88' street dedication along Gettysburg alignment from Bryan to Hayes Avenues. The dedication is outside of the map boundary. 52. 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 4-foot minimum unobstructed path requirement. 53. 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; and, c. Landscape and irrigation plans (median island and street trees within all parkways). 54 . The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 15-4114 121r011, 8-801,and Resell hien filo 78_522 99 228 54b. Outlots: If the subdivider seeks to dedicate to the City, in fee, an outlot or outlots for open space purposes, the subdivider shall evidence to the City that the outlot or outlots are free of toxic or hazardous materials pursuant to the requirements of City Administration Order 8-1, including, but not necessarily limited to, performing a Geotechnical Engineering Investigation and a Phase 1 Environmental Site Assessment (ESA). Reports prepared pursuant to the Geotechnical Engineering Investigation and the Phase 1 ESA shall be submitted to the Public Works Department for review and approval. The subdivider shall complete mitigation requirements, if any, recommended Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 12 by the Geotechnical Engineering Investigation and the Phase 1 ESA to ensure, insofar as practicable, that the requirements of City Administration Order 8-1 are satisfied prior to subdivider's submittal of the Final Map to the Public Works Department. Any and all costs and expenses associated with the Geotechnical Engineering Investigation and the Phase 1 ESA, and the satisfaction of any required mitigation measures, shall be borne in their entirety by the subdivider. 55. 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 collector (North Bryan 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. 56. 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. 57. 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. Frontage Improvement Requirements: Major Streets: Bryan Avenue: Collector 58a. Dedicate 47-5' 36'-44' of property, from section line, for public street purposes within the limits of this subdivision, per Public Works Standards P-54 and P-69 to meet the current City of Fresno Collector Standards. 58b. Dedicate corner cuts for public street purposes at the intersections of Bryan and Fairmont, Bryan and San Gabriel, and Bryan and Gettysburg Avenues. 59. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 4-912-foot residential pattern. 60. Construct an 80' bus bay, curb and gutter at the northeast corner of Bryan and Gettysburg Avenues to Public Works Standard P-73, complete with a 4-G! 12-foot monolithic sidewalk. 61. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 13 62. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E- 8 for Collector Streets. 63. Relinquish direct vehicular access rights to North Bryan Avenue from all lots within this subdivision. 64. 12' Bike - Pe destFian Path/Trail: Bodice man to PFeyide a 26' /minimi gym\ easement far Boke and Pedestrian pu 1 "hop the li.rnits ef this subdivismen (frern Gettysburg te the signing, striping and landSGaping, per the 2025 Fresno General Plan, Multi Purpe, Timis Plan Map and PubliG Werks StaarndaFds and Exhibit identify rGUtee GR man• 'de a se tion r3rior planning comic n hearing. Trail rrr , �C�O�s�cEcron--w��t6� EArrn rrr�$fOn--�Te�rn�g�a�rr -�i �nt�Trshall be peF PubliG VVE)Fks Standard P-59 and P-60 Submit engineered GGRStFUGtiGR plans to PubliG VVeFks. Submit signingand StriniRg plan to Tr f, c Se NiGes (A coir! hlnnL Grnssinlr is net appreyer! Genstr,,Gt trail tG Gress at Bryan anld Gettysburg.) 12' Bike-Pedestrian Path/Trail: Outlots A, B, and C shall be dedicated for Bike, Pedestrian, and Landscape Trail purposes. Provide a 26' (minimum) easement for a Bike, Pedestrian, and Landscape Easement (BPLE) as shown on Figure MT-2 Paths and Trails of the Fresno General Plan. Additional right-of-way may be required for drainage and grading purposes. The Bike and Pedestrian Trail shall be constructed per Public Works Standard P-59 and P-60. Submit engineered construction plans to Public Works. Submit signing and striping plan to Traffic Engineering for approval. Submit grading, landscape and irrigation plans to Engineering Services. A Pedestrian Hybrid Beacon, also known as a HAWK, shall be designed and constructed by the developer, at North Bryan Avenue and West Acacia Avenue. This work shall be reimbursable using Measure C Trail Funds, per the revised Public Works memo dated January 18, 2018. Gettysburg Avenue: Collector 65a. Dedicate 47-55' 36'-44' of property, from section line, for public street purposes within the limits of this subdivision, per Public Works Standards P-54 and P-69 to meet the current City of Fresno Collector Standards. 65b. Dedicate corner cuts for public street purposes at the intersections of Gettysburg Avenue and Rosalia Avenue. 66. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 4-0- 12 foot residential pattern. 67. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 14 68. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 69. Relinquish direct vehicular access rights to West Gettysburg Avenue from all lots within this subdivision. Shaw Avenue: Arterlal /civ lanes\ 70. DediGate-67'_ 5' ^f nrr�n y m n lino �- p blip �-eet ni PPOSeS WithiR � 74.5' Of en�er„T,� �� �� limits of this su bdiVision to meet the Gity of F=resne's arterial sta Rdards Interior Streets: 71. Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de- sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works AP4 Standards for fifty (50) foot and fifty-four (54) foot streets. 72. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44 P-100. Specific Mitigation Requirements: 73. Relinquish direct vehicular access rights to: a. The north property line of lot 24439 and 57. b. The south property line of lot 756. c. The east property line of lot 224-76. d. The west property line of lot 220-77. 74. 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. 75. 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 and Resources Management Department. All piping shall be located outside of the proposed street right of way, except or unless constructed perpendicular to the street. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) EeRstFucted—perpeRdi^,,lar to the street. Submit engineered plans to Public Works Department, Engineering Division for review and approval. �Ai ilti Purpose Tram!: The fellewing mm is are 'n r no prepesed trail 76. ,v,ur a„--r,Tc-rv„vwn,�Ee,Trrr reKlr�-arc-irrT eKeFl cite t�-ll�rvpoaca�rarr lE)G ations jhOWR on the reVOGOO r submitted to Traffin nine�nn on Q_` 6 05 Outlet "g" �IAmrcr Zv--rrrn-rt� T rrg-vri--o-z �v-�'aac� I a the note on the plans t d "O ITL OTS G D /SND E the tram! , Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31 2005 May 24, 2018 Page 15 TO BE DEDICATED TO THE CITY OF FRESNO FOR TRAIL AND OPEN T PURPOSES. 77. rev4s4en submitted to Traffic Engineering en 8 26 05. Outlot „ „ dees net meet Tr Engineering's minimurn requirements; therefere we will net support the tram! at t i.- In +inn Revise the Rete on the plans +n read "O ITL OTS G P, AND S BE ro�crow—r-c�.�n. � rry �rrc–pn�rri� car a , , DEDICATED TO THE CITY OF FRESNO FOR TRAIL AND SPACE DI IQD(1C�Co 78. ' tw "P"', "W" and " Prey'roo a�detail whish innli des nate widths, na+n Irn Gatttier s, Gan II hnv leGa+i�j ADA path of travel and proposed radii. A miniFnum s aGkiin�ng of 5' fart baGk of walk to gate is required 79. Dedication shall be required south of Gettysburg on Bryan to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. 80. Provide 160 feet minimi Fn offset at AInmes and Anr+nia Avenues. UGM Requirements: This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. Bryan Avenue: Collector 81. Dedicate and construct (2) two 17' center section travel lanes and a two way left turn lane with 250' Inf+ turn lanes at all mainr in+nrons+inns within the limits of this subdivision from Gettysburg Peni inn T+no Shaw venue. An a ddi+innnl 6' of paving shall be required adjarnn+ to the 250' Inf+ +,,rn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. 82. Install a signal pole with a 150-watt equivalent LED safety light to Public Works Standards at the northeast corner of Bryan and Gettysburg. Gettysburg Avenue: Collector 83. Dedicate and construct (2) two 17' center section travel lanes, with 250' left turn lanes at all major intersections, within the limits of this subdivision and east to Hayes Avenue. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. 84. For Assessor's Parcel Nos. 311 060 49 and 79 512-030-48T and 512-030-78T: Dedicate and construct full offsite improvements. Coordinate agreement to offset fees with the Fresno Metropolitan Flood Control District. (Frontage improvements required beyond the Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31 2005 May 24, 2018 Page 16 limit of development: FMC Section 11-226(f)(6) and 2025 Fresno General Plan Policy Nos. E-1-c, E-1-j, E-1-n and E-3-e.) Shaw Avenue: Arterial 85. ' nqedman island within the limits of this subdivision. DediGation shall be suffmGment te aGGemmedate arterial standard and any ether grading er transitions as neGessary ba on a nF MPH design spool-!. The intersection of Shaw and Bryan Avenues shall be signalized to the City of Fresno Standards, complete with left turn phasing, actuation and signal pre-emption. This work is eligible for reimbursement and/or credit against Traffic Signal Mitigation Impact Fees. The applicant shall design the traffic signal and obtain City Approval of the plans prior to occupancy of the first dwelling unit. Provided that Tract No. 5493 is developed as a single-phase subdivision with one Final Map, the developer shall be permitted to obtain necessary rights-of-way and construct and install, to City standards, a traffic signal (including poles, safety lights, oversize street-name signs, conduits, detectors, service pedestrian connected to a PG&E point of service, controller cabinet, ITS vault, ITS communication cabinet, all pull boxes, 2070L controller, mast arms, heads, Opticom discriminator and receivers) at the intersection of West Shaw Avenue and North Bryan Avenue, provided that the acquisition of rights-of-way and the timing of traffic-signal construction and installation shall be at the developer's sole and complete discretion, but shall be completed within two ,years after the execution of the subdivision agreement. 86. Install a signal pole with a 150-watt equivalent LED safety light to Public Works Standards at the northeast corner of Shaw and Bryan Avenues. Haves Avenue: Collector 87. Design and GeRStFUGt a FnajeF street bFidge at the iRterseGtiGR ef Hayes Avenue aP4 Hernden Ne. 39 Canal. The Publ'G Werks Department will apply this requirement greater than 1/5 of the GGSt of said bridle. The timing of the bridge GenStFuGtien s OGGLIF PFOOF tO Glese out of this subdivision or at SUGh tirne that the Gity Engineer dee ne Gessary whinheyer is earlier. Mitigation Measures from Traffic Study 88. The project shall pay its fair share, 2.5%, towards the cost of improvements to the intersection at Shaw and Parkway Avenues. This fee shall be calculated per the revised amount of lots for the subdivisior in the ame int of$6,500 and is not eligible for fee credit or reimbursement and is due at the time of building permit. 89. The project shall pay its Traffic Signal Mitigation Impact fee as detailed in the fee section of these conditions. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31 2005 May 24, 2018 Page 17 90. ' left turn lanes at all majer interseGtiens frern Bryan Avenue te Parkway Avenue. An additienal 6' of paving shall be required adjaGent te the 250' left turn lanes. DediGati as nenessary based en a 45 MPH design speer! 91. ' Genter seGtieR tFavel lanes along Gettysburg Avenue 250' left turn lanes at all majer interseGtiens frern the easterly limits ef the traGt te P_ Avenue. An additional 6' of paving shall be required adjaGent to the 250' left turn !an DediGatien shall be SUffiGient to aGGOFnrnedate additional paving and any ether grading or trOnsltlens as nenessaFy hosed on o 45 MPH design speer. Dedicate and construct two 17' travel lanes along West Gettysburg Avenue, from the intersection of West Gettysburg Avenue and North Bryan Avenue to the intersection of West Gettysburg Avenue and North Hayes Avenue, with a 250' left-turn lane at the intersection of West Gettysburg Avenue and North Hayes Avenue. An additional 6' of paving shall be required adjacent to the 250' left-turn lane. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based upon a 45 MPH design speed. STREET NAMES Change the following street name to reflect its proper spelling: 92. Make the following changes to the street names: a .Nest canto Ano Avenue te new name North Cresta Avenue to North Ensenada Avenue. b. W.AGaGio Ave to West Annnia Ayeni ie C Bielo Branch Sei ithern Dnnifin Railreor to West Gettysb Fg AyenUe. d Nerth Emery Avenue to North Massera Avenue to North Casey Avenue. e Nerth Sanrrini Avenue to Nerth Brent Avenue. f. N.Resalio Ave to Nerth 17esolio Avenue. g. Outlet A (interier streets) shall be given new names whiGh are unique te the Geunty efFresno and must not have the suffix of Avenue, or0 or Street. SANITARY SEWER SERVICE 93. The nearest sanitary sewer mains to serve the proposed project are e 15 inch mein loGated in West Shaw Avenue and an 8-inch sewer main located in North Bryan Avenue and a 15-inch sewer main located in the 30 foot sewer easement along the West Gettysburg Avenue Alignment. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements. 94. Construct an 8-inch sanitary sewer main, including sewer house branches to adjacent properties, approximately 1,000 linear feet in North Bryan Avenue from manhole #1742- 08 at the intersection of West Gettysburg and North Bryan Avenues. West Shaw Avenue seg nth aeras the proposed prejeGt frontage Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 18 95. GonstruGt an 8 inGh sanitary sewer maiR OR NeFth Bryan Avenue frorn West Gettysbu-rg Avenue Alignment north onross the proposed project frontage 96. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 97. Separate sewer house branches shall be provided for each lot created. 98. Abandon all existing on-site private sanitary sewer systems. 99. A Preliminary sewer design layout shall be prepared by the Developer's 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 & profile improvement drawing for City review. 100. Public sewer facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 101. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Sanitary Sewer Fees 102. The following Sewer Connection Charges are due and shall be paid for the Project, a. Lateral Sewer Charge b. Oversize Sewer Charge #19 c. Sewer Facility Charge (Residential Only) d. Trunk Sewer Fees: Graptlapd Cornelia Avenue WATER SERVICE 103.The nearest water mains to serve the proposed project +s are a 14-inch main located in North Bryan Avenue and a 14-inch water main located in North Hayes Avenue. Water facilities are available to provide service to the site subject to the following requirements. 104.GenStFUGt a 14 inGh tra . . rod water main (inGluding installation of City fore hydrants) On Nerth Haye enue fre:;IIAI �Nest Santa Ana AveRue te West Shaw Avenue. 105. hydrants) On West Shaw Avenue frem North Hayes Avenue west te NeFth BFyan Ave 106. hydrants) On North Bryan Avenue frem West Shaw Avenue to West Gettysburg Ave Aft. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August st 31 2005 May 24, 2018 Page 19 107 . Construct a 14-inch transmission grid main (including installation of City fire hydrants) in West Gettysburg Avenue Alignment from North Bryan Avenue to West North Hayes Avenue. 107b. Construct a 16-inch transmission grid water main (including installation of City fire hydrants), approximately 600 linear feet in North Hayes Avenue form West Ashlan Avenue north to the existing 14-inch water main. 108.Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 109.Separate water services with meter boxes shall be provided to each lot created. 110.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 Assistant Public Utilities Director. 111. Destruct any existing on-site wells in compliance with State of California Well Standards, Bulletin 74-81 and 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 112.Prev'de a water well site(s) ef a size and at a IOGatien aGGeptable to the Water Systems Manager. The Gest ef aGeluiring the well site(s) and GenStFUGtien ef the well(s) shall funded frern the UGM Water Supply Well SerViGe Area Fund 201 s. in the event there 0 nSUIff'Gient funds available in the UGM Water Supply Well SeNiGe Area Fund 201&-, t4e develeper will be required to GonstruGt the well(s) OR a site(s) dediGated to the Gity--Of Fresne. The , s Gest of aGeluiring the well site's) and GonStFUGtien ef the we" sshal�ere'rnb„urTedfr�the I IGM Water Supply Well SeNinGeA-ea FuRd 2016, H'4 aGGerdaRGe with established UGM peliGies. The well(s) shall be Gapabie ef predUGiRg a minimum ref 600 gallens per min,,to 113.VVater well GenStFUGtien shall OnG'Ljde wellhead treatment faGilities, of required. T develeper'S Gest for GenstrUGtiRg wellhead treatment faGilities shall be reimbursed UGM Wellhead Treatment SerViGe Area Fund 201s, on aGGOrdanGe with estabim I GM p0linies 114.All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 115.Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water Fees Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 20 116.The project applicant shall be required to pay all other water-related fees and charges in accordance with the City's Master Fee Schedule and Municipal Code. The following Water Connection Charges and fees shall be paid for the project. a. Wet-ties, water service(s), and/or meter(s) installation(s). b. Frontage Charge. c. Transmission Grid Main (TGM) Area: B Charge. Urban Growth Management Requirements 117.The proposed subdivision is located within UGM Water Service Area No. 4QU WS201s. FRESNO IRRIGATION DISTRICT (FID) 118.FID's Sylvia No. 47 pipeline traverses the subject property. 119.FID requires the applicant grant an exclusive pipeline easement to FID and pipe the Silvia No. 47 canal across the proposed development in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. The developer will need to meet with FID to determine the pipeline alignment and required pipeline diameter. 120.FID estimates the minimum inside diameter of pipe required for the Sylvia canal to be 48 inch. A pipe of this size and the accompanying 40-foot easement limits the available space for the placement of building and permanent improvements on commercial property and virtually precludes homeowners from installing permanent improvements such as swimming pools, concrete floored sheds, large trees, etc. It has been FID's experience that there are several maintenance issues with pipelines that traverse through backyards or commercial properties. Although, due to development constraints, FID has accepted the FID Easement to be reduced to 36-37 feet along North Bryan Avenue and 30-feet within the development along Outlots A, B, and C. Therefore, 20 foo+ of easement instead of the 40 foo+ required through private property. 121.FID does not allow its easements to be in common use with public utility easements but will allow its easement to be in common use with landscape easements. FID recommends all block walls and fences be located outside of this easement. 122.FID will require a Common Use of Easements Agreement between FID and the City of Fresno for all landscape easements which overlap FID's easement. 123.FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 21 124.FID requires its easement be shown on the map with proper recording information and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 125.FID requests the applicant be exempted from any condition that would require the construction of public facilities or conveyance of deeds or easements within FID's canal easement to any other party without FID's written consent. 126.FID may have additional comments regarding the subject proposal and suggests the applicant and/or applicant's engineer contact FID at their earliest convenience. 127.For informational purposes, a private canal known as the Wheaton No. 518 traverses the subject property. This is an active canal and will need to remain in service. FLOOD CONTROL AND DRAINAGE 128.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 amendment 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 letter to the PlaRRORg and Development and Resource Management Department dated July 27, 2005 January 10, 2018. 129.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. SAN JOSQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 130.The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated June 21, 2005, for Vesting Tentative Tract Map No. 5493/UGM. CENTRAL UNIFIED SCHOOL DISTRICT 131.School developer fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code Section 65995 and Educational Code Section 17620. 132.Install a permanent school bus pull-out, per the attached design drawing or a design approved by the Public Works Department, located along northbound Bryan Avenue, adjacent to lets 77 and 78 Lot 54. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August st 31 2005 May 24, 2018 Page 22 133.Information regarding school attendance boundaries and student generation can be found in the letter dated July 7, 2005, from Central Unified School District. RIGHT-OF-WAY ACQUISITION 134.The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 135.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 stage1 based on the existing conditions and detailed design information. 136.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. 137.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. 138.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. CALTRANS 139.Caltrans has reviewed the prejeGt and is requesting the payment of fees, in the arne of $18,565, to mitigate irnpaGtS tO the Freeway 99 inteFGhange with Shaw AVeRue. Pri-Gr te OssuianGe of building permits, the prejeGt shall pay a state highway faGility traffiG imp the develeprnent ef 244 single family residential lots. AlteMatively, the fee arneunt may be paid as determined by the Fresno County GeunGil of Governments Fresne/Madera Freeway Def'GieRGY Study(ies). Impesitien ef this Genditien is dependent Upen the City e Fresne and Galtrans having an exeGuted agreement fer the City te Gel!eGt and administer this State Highway FaGilities Foo Caltrans has reviewed the project and determined that payment into the Traffic Signal Mitigation Impact Fee will satisfy the fair share cost for the SR 99/Shaw Avenue improvements as requested in the memo dated June 23, 2005. The City of Fresno City Council adopted the updated TSMI Fee which included the SR 99/Shaw Avenue off-ramp improvements. Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 23 URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 140.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 vesting tentative tract maps. 141.The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. DEVELOPMENT FEES AND CHARGES 142.This project is subject to the following fees and charges: PARKS DEPARTMENT FEE / RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree c. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Re-inspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DIST. FEE / RATE g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. Rates increased as of November 2004 SEWS CONNECTION CHARGES FEE RATE b, Lateral Sewer Charge $0.10/sq. f+ (te 100' depth) Oversize Charge Q0.05/sq f4 (to 'lnn' dep" TFURk Sewer Charge + $4 19/I0iing unit SeFVino Area• Gra Rtland WastewaterFaGili}ioc Charge ... $2 e1 1 0/ yonn unit Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31 2005 May 24, 2018 Page 24 Gepper Avenue Sewer Loft Statmen Charge n/a nlerTrunk Sewer Irn#er�m Coo Surety n/a „ n, House Brannh Semler Charge + n/a i�lhreerk Overlay Sewer rr n/a WATER CONNECTION CHARGES FEE RATE SerVIGe Gennedien Charge Cee based en servic(scT,r`7-aT'u meter(s) sizes snedfied hai ewner• 0 fee fer seryiee(s) and Meter(s) established by the Master Cee C nC o t'vch a dole. q, Frontage (charge $6.50/11neal fee# r-.- Transmission _'rid Main Charge $643/grecs anre (narnels F gross aures er mere Transmission ('_rid Main Rend Dept Servine (charge $7/13/gross aero (naroels 5 gross aeres er me—o t, I GM Water Supply Fee + $407/living unit Cery*Ge Area: 7f11_C u, Well Head-Treatment-Fee + $0/liaiing Unit cer„ine Area: 701 v, Renha�rne Gree + $0n0„i CeFV'Ge Area: 201 w, 1994 Bend Debt�� ge $0/liaii QerViGe Area: 201 PICVCI OPRACAIT IMPACT CCC x, Nertheact�ne Peking Area ... n/a y, TraffiG Signal Charge $41/1 6:9/10aiing unit URBAN GROWTH IIAANAGEF—AIT CCE RATEI `41 E -z-. UGM FmFe Staten Capital Fee n $8n7vrigressa-aacre Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31 2005 May 24, 2018 Page 25 Ser'Ee Area aa- 8 * 0 3 D IU N H H $1783 grecs aGree SerViGe Area-4 Major , Street Chargee $a�1/�anGre r�iiGe Area: E 4 Ec—. Major Street Bridge Chargee n $1Qa/eeT�aGGro ServiGe Area: E 4 I IGM Grade Separatien Fee R/a SeeFV'Gee Area: G_4 Q * 0 7 U X Q N 6 H Z H l l P& K D U J H {{ SeeFViGee Area: rd ,, Grantlan tY Sti eet AGq-uisiti GeRStrUGtieen Chargee + n/a No ' X H D VV---W�/ L P H R I G H Y H O R S P H Q W H 1 H U U D EO—HVV U R X J K ) H H H I H U U D O & R �X H -n %A.1W L P H R 1 6 X E G L Y L R Q 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] Service Area: Cornelia $419.00/living unit d. Wastewater Facilities Charge [3] $2,119.00/living unit e. Copper Avenue Sewer Lift Station Charge [1] N/A f. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August ',2005 May 24, 2018 Page 26 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] $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 URBAN GROWTH MANAGEMENT FEE RATE o. UGM Fire Station Capital Fee [1] $807/gross acre Service Area: 18 p. UGM Park Fee [1] $1783/gross acre Service Area: 4 q. Major Street Charge [1] $3531/adj. acre Service Area: E-4 r. Major Street Bridge Charge [1] $196/adj. acre Service Area: E-4 s. UGM Grade Separation Fee [1] N/A Service Area: E-4-A t. Street Acquisition/Construction Charge [2] N/A Conditions of Approval Vesting Tentative Tract Map No. 5493/UGM August 31, 2005 May 24, 2018 Page 27 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE u. Traffic Signal Charge [1] $450.94/living unit 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 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.