RESOLUTION NO 2023-15
BEFORE THE CITY COUNCIL
CITY OF DINUBA
COUNTY OF TULARE, STATE OF CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DINUBA APPROVING A GENERAL
PLAN AMENDMENT PERTAINING TO THE REDESIGN OF THE PREVIOUSLY-APPROVED
MONTEBELLA TENTATIVE SUBDIVISION MAP
WHEREAS, an application was previously approved for a 100-lot tentative subdivision map (and associated actions including annexation, zone change, general plan amendment) for a parcel generally located along the west side of Englehart Avenue north of the Saginaw Way alignment. The Assessor Parcel Number of the site is 012- 272-013, and
WHEREAS, due to financial challenges associated with expensive on- and off-site requirements associated with the project, a change to the design of the subdivision is proposed to increase the number of lots from 100 to 123 and to reduce the size of a proposed park/stormwater ponding basin from 4.5 acres to 1.2 acres, and WHEREAS, the Planning Commission conducted a public hearing to consider this request on March 7, 2023 and voted unanimously to recommend approval, and WHEREAS, property owners within 300 feet and occupants within 100 feet of the subject parcels were notified of the City Council’s meeting and a public hearing notice was published ten (10) days prior to the City Council’s meeting, and WHEREAS, the Planning Department has prepared a staff report and environmental finding, and
WHEREAS, the City Council held a public hearing on this action and accepted testimony.
NOW, THEREFORE, BE IT RESOLVED that the City Council, after considering all the evidence presented, determined the following findings were relevant in evaluating these actions:
1. The proposed actions are consistent with the goals, objectives and policies of the Dinuba General Plan.
Dinuba City Council
Resolution 2023-15
General Plan Amendment and Zone Change for Montebella Site
2. The City has determined the environmental analysis that was prepared (consistent with CEQA (California Environmental Quality Act)) for the previouslyapproved version of the project is still valid and that mitigation measures identified in that study are still applicable.
3. The proposed actions will not have an adverse impact on the health, safety and welfare of residents in the neighborhood or community.
NOW, THEREFORE BE IT RESOLVED THAT the General Plan Amendment (as shown in attached Exhibit 1) is hereby approved by the Dinuba City Council for approval.
The foregoing resolution was adopted upon a motion of Council member ___________________, second by Council member ___________________, at a regular meeting of the Dinuba City Council on the 28th day of March, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Maribel Reynosa, Mayor of the City of Dinuba
ATTEST:
____________________________________
Maria Ananiz, City Clerk
Dinuba City Council
Resolution 2023-15
General Plan Amendment and Zone Change for Montebella Site
Exhibit 1: Proposed General Plan Amendment
Proposed General Plan
Designation:
“Park/Ponding Basin”
north
Existing city limit boundary
Proposed General Plan
Designation:
“Medium Density
Residential”
Englehart Ave.
ATTACHMENT “B”
1 ORDINANCE NO. 2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DINUBA AMENDING THE ZONING OF
ONE PARCEL LOCATED ON THE WEST SIDE OF ENGLEHART AVENUE, NORTH OF SAGINAW AVENUE.
THE CITY COUNCIL OF THE CITY OF DINUBA HEREBY DOES ORDAIN:
SECTION 1. FINDINGS.
(a) The City of Dinuba administers a Zoning Ordinance (Title 17 of the Dinuba Municipal Code), including a map that designates all parcels of land with specific zoning classifications.
(b) The purpose of zoning is to facilitate a well-planned City and to avoid land use conflicts, among other objectives.
(c) The City has received an application to amend the design and zoning of a proposed subdivision generally located on the west side of Englehart Avenue and the north side of the Saginaw Avenue alignment. The parcels are currently designated with several zones as shown on Exhibit 1 (attached) including the “R-1-6 (PUD)” and “RCO” zones.
(d) The Assessor Parcel Number of the subject parcel is 012-272-013. (e) The purpose of the zone change is to facilitate the redesign of a previouslyapproved subdivision for the site. (f) The proposed zone change is shown on Exhibit 1.
SECTION 2. SEVERABILITY.
Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
SECTION 3. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five days prior to the City of Dinuba
Ordinance 2023-03 (Montebella Phase 2/3)
2 Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
This Ordinance shall take effect and be in full force thirty (30) days from and after its adoption.
SECTION 5. The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Dinuba on the 28th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Maribel Reynosa, Mayor of the City of Dinuba
ATTEST:
____________________________________
Maria Ananiz, City Clerk
City of Dinuba
Ordinance 2023-03 (Montebella Phase 2/3)
3 EXHIBIT 1
Proposed Zoning:
“RCO”
north
Existing city limit boundary
Proposed Zoning:
“R-1-6 (PUD)”
Englehart Ave.
ATTACHMENT “C”
RESOLUTION NO 2023-16
BEFORE THE CITY COUNCIL
CITY OF DINUBA
COUNTY OF TULARE, STATE OF CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DINUBA APPROVING AN
AMENDMENT TO A PREVIOUSLY-APPROVED TENTATIVE SUBDIVISION MAP (SAN JOAQUIN VALLEY HOMES) TO CREATE 123 SINGLE FAMILY RESIDENTIAL LOTS, AND A
NEIGHBORHOOD PARK/TEMPORARY STORMWATER PONDING BASIN
WHEREAS, a request was submitted to amend a previously-approved tentative subdivision map to revise the number of lots from 100 to 123 single family residential lots and also to adjust a proposed park/stormwater basin from 4.5-acres to 1.2 acres for a site generally located along the west side of Englehart Avenue and north of the Saginaw Way alignment. The Assessor Parcel Number of the subject parcel is 012-272- 013, and
WHEREAS, the site was recently annexed and prezoned by the City to accommodate the proposed subdivision, and
WHEREAS, due to the high cost of offsite improvements (including road widenings and piping of a canal) it was determined the previously-approved subdivision design was not feasible. Based on this concern, the project has been redesigned to adjust the number of lots from 100 to 123 and reduce the size of the park/ponding basin, and
WHEREAS, the Dinuba Planning Commission conducted a public hearing to consider the redesign on March 7, 2023 and voted unanimously to recommend approval of the request, and
WHEREAS, property owners within 300 feet and occupants within 100 feet of the subject parcels were notified of the City Council’s meeting and a public hearing notice was published ten (10) days prior to the City Council’s meeting, and WHEREAS, the Planning Department has prepared a staff report and environmental finding, and
WHEREAS, the City Council held a public hearing on this action and accepted testimony.
Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
NOW, THEREFORE, BE IT RESOLVED that the City Council, after considering all the evidence presented, determined the following findings were relevant in evaluating this request:
1. The proposed amended Tentative Subvdivision Map is consistent with the goals, objectives and policies of the Dinuba General Plan.
2. The City has determined the amended project will have no significant impacts on the environment provided that mitigation measures are implemented, and a Mitigated Negative Declaration prepared (consistent with the California Environmental Quality Act (CEQA) for the previously-approved subdivision has been reviewed and found to be adequate for the project redesign.
3. The proposed amended project will not have an adverse impact on the health, safety and welfare of residents in the neighborhood or community.
4. The proposed amended Tentative Subdivision Map is superior in design compared to what could be achieved by utilizing the standards of the base R-1-6 zone.
4. The amended Tentative Subdivision Map (shown in Exhibit “A” (and on file with the Dinuba Public Works Department)) is subject to conditions of approval listed in Exhibit “B”.
NOW, THEREFORE BE IT RESOLVED THAT the amended Montebella Phase 2/3 Subdivision Map is hereby approved by the Dinuba City Council.
Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
The foregoing resolution was adopted upon a motion of Council member ___________________, second by Council member ___________________, at a regular meeting of the Dinuba City Council on the 28th day of March, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Maribel Reynosa, Mayor of the City of Dinuba
ATTEST:
____________________________________
Maria Ananiz, City Clerk
Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
Exhibit “A” Montebella 2/3 Amended Tentative Subdivision Map Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
Exhibit “B”: Conditions of Approval
1) MAPS AND PLANS
a. The developer shall have a final tract map prepared, in the form prescribed by the Subdivision Map Act and City of Dinuba Municipal Code, by a registered civil engineer or licensed land surveyor. The final tract map shall be digitally submitted to the City of Dinuba Public Works Department. The City maintains a “Final Map Submittal Requirements & Review Checklist” as a resource.
b. The developer shall digitally submit to the City of Dinuba Public Works Department, a set of construction plans on 24" x 36" sheets for all required improvements. These plans shall be prepared by a registered civil engineer. All applicable plan check and inspection fees shall be paid with the first submittal of plans. All plans shall be approved by the City and all other involved agencies prior to the release of any development permits. The City maintains an “Improvement Plan Submittal Requirements & Review Checklist” as a resource.
c. Prior to beginning any construction, or within twenty (20) calendar days after the approved plans are released by the City, the developer shall submit to the City of Dinuba Public Works Department one (1) reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans, and two (2) bound sets of the approved construction specifications, if any.
d. Within twenty (20) calendar days after all improvements have been constructed and accepted by the City, the developer shall submit to the City of Dinuba Public Works Department one (1) reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans revised to reflect all field revisions and marked "AS-BUILT" for review and approval. As-Built drawings shall be revised in electronic format, a scanned or field copy of the construction plans will not be accepted. Pad Certification(s) will be required prior to construction of any structure on a lot. 2) GENERAL
a. The developer shall comply with all conditions set forth in Title 16 of the Dinuba Municipal Code (Subdivisions).
b. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Section 66020(d) of the Government Code, these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The applicant is hereby notified that the 90day protest period, commencing from the date of approval of the project, has begun. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions. c. Applicant shall pay all applicable development impact fees at the rate in effect at the time of payment. The developer may be eligible for fee credits or fee reimbursements for over- Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
sizing of facilities or construction of other eligible facilities included in the applicable City of Dinuba’s Impact Fee Study(s). The City Engineer will determine the type and extent of improvements that are eligible for fee credits or reimbursements and these shall be established in a Subdivision Agreement, to be approved by the City Council. d. The developer shall furnish security in a sum to be determined by the City Engineer, prior to final acceptance of the off-site improvements by the City, for the guarantee and warranty of the improvements for a period of one (1) year following the completion and acceptance thereof by the City Council.
e. The developer shall submit a soils report for approval by the City Engineer with the first submittal of the improvement plans.
f. The developer shall comply with all the requirements of the local utility (gas and electric), telephone, cable, and other communication companies. It shall be the responsibility of the developer to notify the local utility, telephone, cable, and other communication companies to remove or relocate utility poles where necessary. The City will not accept first submittal of improvement plans without proof that the developer has provided the improvement plans and documents showing all proposed work to the utility, telephone, cable, and other communication companies.
g. The developer shall contact and address all requirements of the United States Postal Service for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction.
h. The developer shall comply with and be responsible for obtaining encroachment permits from the City of Dinuba for all work performed within the City's right-of-way and easements.
i. The developer shall install all improvements within public right-of-way and easements in accordance with the City of Dinuba standards, specifications, master plans, and record drawings.
j. All existing overhead and any new utility facilities located on-site, and within the street right-of- way or easements along the streets adjacent to this tract shall be undergrounded unless otherwise approved by the City Engineer.
k. The developer shall provide and pay for all compaction testing required by the QAP (Quality Assurance Plan).Compaction test results shall be submitted to the City Engineer for review and approval.
l. If the overall development is to be built in phases, then each phase shall have adequate access as required by the City of Dinuba Police and Fire Departments, and the City Engineer. The developer shall submit a schedule showing the sequence of development within the area covered by the tentative map.
m. During the site construction, any public streets fronting the project shall be kept clear of any construction or landscaping debris and shall not be used as a storage area for equipment, materials, or other items.
n. In order to provide for reasonable municipal protection during all phases of construction, the developer shall maintain pedestrian and vehicular access to all surrounding properties and buildings to the satisfaction of the City of Dinuba Police and Fire Department, and City Engineer.
Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
o. The developer shall be responsible for all actions of his contractors and subcontractors during the course of any work occurring on the site. The developer shall designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the developer. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the development. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the developer or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given. Whenever orders are given to the developer's representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the developer's expense. p. The developers contractors shall not work on, place debris on, store supplies or equipment on, or in any other way encroach upon any other properties without the written permission of such property owners. In the event other properties are encroached upon without written permission, work shall be automatically shut down until resolved. 3) DEDICATIONS AND STREET IMPROVEMENTS
a. The developer shall provide right-of-way acquisition or dedicate free and clear of all encumbrances and/or improve the all streets to City standards:
i. 56’ Interior Residential Streets:
(1) Dedicate 56’ for public street and utility purposes. (2) Construct improvements as shown on the Tentative Map. Improvements shall include curb and gutter, sidewalk, drive approaches, curb ramps, street lights, and permanent paving.
ii. Englehart Avenue and Saginaw Avenue (Street Designation: Collector):
(1) The developer will be required to widen Englehart Avenue along the frontage of the subdivision and in front of the existing residences that are currently being surrounded by the subdivision. Widening Englehart Avenue will require the demolition of an existing residence. Developer will be required to negotiate the demolition of the house.
iii. Improvements shall include curb and gutter, parkways with street trees, sidewalk, drive approaches, curb ramps, street lights, landscape and irrigation, and permanent paving.
b. Developer shall dedicate a 6’-10’ public utility easement (width as required by affected utility companies) along all streets and all other locations requested by utility companies.
Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer. c. Developer shall provide a preliminary title report, legal description, and drawings for all dedications required which are not within the boundary of the subdivision. d. The developer shall install pedestrian-scale antique-style streetlights in accordance with City Standards at the locations designated by the City Engineer. Streetlight locations shall be shown on the utility plans submitted with the final map for approval. Streetlights at traffic signal locations shall be installed on approved traffic signal poles. Streetlights Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
shall be owned and maintained by City of Dinuba. Developer shall prepare a street lighting plan for approval by the City Engineer.
e. Developer shall provide for all striping, stenciling, pavement markers, delineators and signage required of all street improvements within the development. All traffic signs and street name signs shall be installed in accordance with City Standards and the CA MUTCD (latest edition). A striping and signage plan shall be included with the construction plans and submitted for review and approval by the City Engineer. f. All street and traffic control sign posts shall be painted gloss black. g. All streets shall be designed to include parkways for street trees. Said parkways shall be at least five feet wide. Each lot shall feature at least two street trees within the parkway, or as deemed appropriate by the City’s landscape design consultant. Parkways along side streets on corner lots shall feature at least three shade trees planted within the parkway, or as deemed appropriate by the City’s landscape design consultant. Maintenance of these trees shall be the responsibility of the Community Facilities District(CFD). All tree species shall be approved by the City’s landscape design consultant and follow the City’s landscape design guidelines, prior to planting.
h. Curb ramps shall be provided at all intersections in conformance with City Standards. i. There shall be stamped and colored concrete paving at the B Street entrance to the site, from curb to curb a minimum length of 25 feet
j. As part of street dedications, developer shall provide corner cut-offs at all street intersections. Corner cut-offs shall be sufficient to provide for sight distances and accommodate curb ramps.
k. The developer shall, at his expense, obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests. These designs shall be compared to the minimum section given below and approved by the City Engineer. ____Street Designation Minimum Section_____________
Local Street 2” HMA/6” AB CLII AB/6” CNS
Collector Street 3” HMA/8” AB CLII AB/6” CNS
l. Standard barricades, per City Standard, with reflectors shall be installed at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.
m. The developer shall, at the end of any permanent pavement abutting undeveloped property, install 2”x6” redwood header boards placed prior to street paving. n. All knuckles and cul-de-sacs shall be designed in accordance with City Standards. o. Temporary paved cul-de-sacs shall be provided at the end of any dead-end streets, planned for future extension, longer than 150’. Minimum radius shall be provided to allow turnaround of emergency equipment.
Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
4) SANITARY SEWER IMPROVEMENTS
a. The developer shall identify and abandon all existing septic systems per City Standards and any other governing regulations.
b. The nearest sanitary sewer main available to serve the development is at Englehart and Saginaw The developer shall connect to this existing sewer. The developer’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of sewer service must be approved by the City Engineer and supported by appropriate calculations.
c. The developer shall install sanitary sewer mains of the size and in the locations indicated below:
i. Englehart Avenue: Install 21” sewer main along east side of site to northeast boundary of site.
ii. Interior Streets: Install 8” sewer mains throughout development. d. The developer shall dedicate a minimum 15’ wide easement for all onsite sewer mains not located in otherwise dedicated rights-of-way, if applicable. e. The developer shall install one (1) 4” sewer service house branch to each lot within the development in accordance with City Standards.
f. The developer shall install a 4” sewer service house branch to each lot being surrounded by the existing subdivision.
5) WATER IMPROVEMENTS
a. The developer shall identify and abandon all existing water wells per City Standards and any other governing regulations.
b. The developer shall install water mains of the sizes and in the locations indicated below and provide an adequately looped water system. The developer’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
i. Englehart Avenue: Install 12” water main along the east side of the site to the northeast boundary of site.
ii. Englehart Avenue: Install 8” water main from the point of connection in Englehart Avenue into the development.
iii. Interior Streets: Install 8” water mains throughout development. c. The developer shall dedicate a 10’ wide easement for all onsite water mains, hydrants, blow-offs, and water meters not located in otherwise dedicated rightsof-way, if applicable. d. The developer shall install a City Standard water service, size as necessary, to each lot within the development in accordance with City Standards.
Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
e. The developer shall install a City Standard landscape water service, size as necessary, to each public landscape area within the development in accordance with City Standards.
f. The developer shall install one (1) water sampling station in accordance with City Standards. The location shall be determined by the City Engineer. g. No water service connection shall be made to the City of Dinuba Water System until a bacteriological report has been accepted by the City Engineer. h. Fire hydrants shall be installed at locations approved by the Fire Department.
Fire hydrants and curbs shall be painted per City Standards. 6) GRADING AND DRAINAGE
a. The developer shall, for construction activity prior to clearing, grading or excavation on one (1) acre or more of land area or are part of a larger common plan of development or sale, obtain a NPDES permit and implement Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to reduce or eliminate storm water pollution. Plans for these requirements shall be included in the construction plan set and shall be submitted to and approved by the City Engineer.
b. Plans for the required storm drainage systems shall be prepared by a registered civil engineer and conform to the City of Dinuba Storm Drain Design Guidelines (Attachment ‘F’), Developer’s engineer shall implement best management practices (BMPs) outlines in the Design Guidelines for peak flow reduction. The BMPs recommended in the report are designed to accommodate either the 85th percentile storm (0.32 inches) or the 100-year, 24-hour storm. c. A percolation test signed and sealed by a California registered civil or geotechnical engineer shall demonstrate that BMPs can completely infiltrate within 96 hours.
d. The developer will be required to design and construct the storm drain master plan basin adjacent to the westerly limits of the subdivision. All storm drain piping necessary for the development will not be reimbursable unless it is necessary for storm drain master plan facilities. City will reimburse the oversized piping costs. e. The developer will be required to perform shoulder stabilization on Nebraska Avenue from Englehart Avenue to Viscaya Avenue. This work will be fully reimbursed by the City of Dinuba and the design shall be approved by the City Engineer.
f. Developer’s engineer shall prepare hydrology and hydraulic calculations (H&H) for any proposed storm drain system and submit with the grading plan for review and approval by the City Engineer. Developer’s engineer shall consult with City Engineer for calculation requirements.
g. Grade differentials between lots and adjacent properties shall be adequately shown on the grading plan and shall be treated in a manner in conformance with City Standards. Any retaining walls required 12” or higher shall be masonry or concrete construction and any retaining walls required less than 12” may be Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
wood, masonry, or concrete construction. All retaining walls shall be designed by a registered civil engineer.
h. Prior to the approval of grading plan, approvals and permits from the San Joaquin Valley Air Pollution Control District shall be obtained. The Project shall comply with all rules, regulations and conditions of approval imposed by the District.
i. The developer shall maintain a program of dust control to prevent air pollution as well as discomfort or damage to adjacent and surrounding properties. The developer shall follow all requirements and recommendations made by the San Joaquin Valley Air Pollution Control District for dust and emission reduction. 7) LANDSCAPING AND IRRIGATION
a. The developer, as a portion of the required tract improvements, shall provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-of- way and all other areas reserved for landscaping. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately qualified professional and conform to the City of Dinuba Standard Drawings (Attachment ‘C’), Landscape Design Guidelines (Attachment ‘D’), Low Impact Development Technical Memo (Attachment ‘E’), and the California Model Water Efficiency Ordinance. Public landscaping and irrigation shall be installed in the following locations:
i. The developer will be required to construct a park. The plans shall be prepared by a registered landscape architect and shall be approved by the City of Dinuba.
The park shall consist of three different play structures, a half-court basketball court, ample lighting, seating, walkways, splashpad, and other various park amenities.
ii. Planter strips within all interior streets.
iii. Landscaping within median divider on entrance street from Englehart Avenue (“B Street”).
b. The property owner shall request annexation to the City’s Community Facilities District (CFD). The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election will be required for the establishment of the initial assessment. The assessment for each lot must be obtained from the City for the tax year following the recordation of the final map.
The property owner shall consent to the first-year assessment and annual increases per the provisions of the CFD. The property owner/developer shall notify all potential lot buyers before they actually purchase a lot that this tract is a part of a CFD. Said notification shall be in a manner approved by the City. The property owner/developer shall supply all necessary assessment diagrams and other pertinent materials for the CFD annually until the entire tract is built out or for three years after annexation to the district, whichever is longer.
c. The developer shall contact and address all requirements of the Alta Irrigation District (AID). The developer will be required to underground the existing AID (Alta Irrigation District) canal along the frontage of the existing residence currently surrounded by the subdivision. This may also include, but not be limited to, dedicating easements, piping or relocating any existing AID canals or ditches, replacing any existing irrigation piping, concrete lining or improving any existing canals, construction or reconstruction of any Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
canals, culverts, and bridge crossings. Plans for these requirements and improvements shall be included in the previously required set of construction plans and submitted to and approved by AID prior to the release of any development permits or recording of the final map. If an AID or private irrigation line is proposed to be abandoned, the developer shall provide waivers from AID and all downstream users.
d. The developer shall indicate on construction drawings the depth, location and type of material of any existing AID irrigation line along the proposed or existing street rights-ofway or onsite. Any existing canals or ditches shall be piped. The material of the existing pipe shall be upgraded to the proper class of rubber gasket pipe at all locations unless otherwise approved by the City Engineer.
e. All existing onsite agricultural irrigation systems either onsite or within public rights-ofway, whether AID or privately owned shall be identified prior to any construction activity on the site. Service to all downstream users of irrigation water shall be maintained at all times through preservation of existing facilities or, if the existing facilities are required to be relocated, the relocation and replacement of the existing facilities. It is the intent that downstream users not bear any burden as a result of the development. Therefore, the developer shall bear all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by the development. The developer shall identify on the construction plans all existing irrigations systems and their disposition (abandonment, repair, relocation, and or piping) for approval by the City Engineer. The developer shall consult with the AID for any additional requirements for lines to be abandoned, relocated, or piped. The developer shall provide waivers from all users in order to abandon or modify any irrigation systems or for any service interruptions resulting from development activities.
8) MISCELLANEOUS
a. It shall be the responsibility of the developer to remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer.
b. The developer shall provide clean-up, street sweeping and dust control during the construction of the development to the satisfaction of the City Engineer and Public Works Director. A deposit of $5,000.00 shall be submitted to the City to guarantee compliance.
At any time, developer is deemed to be non-compliant by the City Engineer or Public Works Director, the City may draw from said deposit to pay for necessary activities to bring the site into compliance.
c. The developer shall install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development. Any existing section corner or property corner monuments damaged or destroyed by the development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance
d. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the developer shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.
Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
e. A deferment, modification, or waiver of any engineering conditions will require the express written approval of the City Engineer.
f. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer. g. The developer shall install concrete masonry block walls in accordance with City Standards, with a minimum height of 6’-8” feet above the high side ground elevation, and of a design and color approved by the City of Dinuba Planning Department at the following locations:
i. Englehart Ave: South line of lot 32 to north line of lot 34 proceeding west along north line of lot 34 to Plum Street (tapering down to 42 inches high within the required front yard setback.. Also along the south side of Lot 34 from Plum Street east to Englehart Avenue, then north to the northeast corner of Lot 38.
Along the south side of Lot 34 the fence shall taper down to 42 inches high within the required front yard setback.
ii. Along the entire north side of Saginaw Avenue currently located within the limits of the subdivision.
iii. Along the south side of lots 25 to lot 31.
iv. Along the south side of Lot 1, parallel to Saginaw Avenue. This fence shall taper to 42 inches high within the required front yard setback area. v. Masonry block walls that retain more than 8” shall be designed by a registered civil engineer.
h. The project shall comply with the requirements of the Dinuba Fire Department, Dinuba Police Department and the City’s solid waste contractor (Pena’s Disposal). 9) PLANNING AND DEVELOPMENT
a. Floor plans and facades of homes shall vary on each lot. No two same floor plans shall be located adjacent to one another. Further, no two of the same front façade designs shall be located adjacent to one another. The developer shall provide a map to the Dinuba Planning Department showing façade types and floor plans of the entire subdivision to ensure consistency with this requirement. Home facades and floor plans are shown in Attachments G-1 through G-5 of the staff report to the City Council. 10) ENVIRONMENTAL MITIGATION MEASURES
Air Quality
AIR - 1) Before a construction permit is issued for the proposed Project, the project applicant, project sponsor, or construction contractor shall submit construction emissions minimization plans to the City of Dinuba for review and approval. The construction emissions minimization plans shall provide reasonably detailed compliance with the following requirements:
Where portable diesel engines are used during construction, all off-road equipment with engines greater than 50 horsepower shall have engines that meet either EPA or CARB Tier 4 Final off-road emission standards except as otherwise specified herein. If engines that comply with Tier 4 Final off-road emission standards are not commercially available, then the Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
construction contractor shall use the next cleanest piece of off-road equipment (e.g., Tier 4 Interim) that is commercially available. For purposes of this project design feature, “commercially available” shall mean the equipment at issue is available taking into consideration factors such as (i) critical-path timing of construction; and (ii) geographic proximity to the project site of equipment. If the relevant equipment is determined by the project applicant to not be commercially available, the contractor can confirm this conclusion by providing letters from at least two rental companies for each piece of off-road equipment that is at issue.
Biological Resources
BIO - 1) To the extent practicable, construction shall be scheduled to avoid the nesting season, which extends from February through August.
BIO - 2) If it is not possible to schedule construction between September and January, preconstruction surveys for nesting birds shall be conducted by a qualified biologist to ensure that no active nests will be disturbed during Project implementation. A preconstruction survey shall be conducted no more than 14 days prior to the initiation of construction activities. During this survey, the qualified biologist shall inspect all potential nest substrates in and immediately adjacent to the impact area for nests. If an active nest is found close enough to the construction area to be disturbed by these activities, the qualified biologist shall determine the extent of a construction-free buffer to be established around the nest. If work cannot proceed without disturbing the nesting birds, work may need to be halted or redirected to other areas until nesting and fledging are completed or the nest has otherwise failed for non-construction related reasons.
Cultural Resources
CUL – 1 Should evidence of prehistoric archeological resources be discovered during construction, the contractor shall halt all work within 25 feet of the find and the resource shall be evaluated by a qualified archaeologist. If evidence of any archaeological, cultural, and/or historical deposits is found, hand excavation and/or mechanical excavation shall proceed to evaluate the deposits for determination of significance as defined by the CEQA guidelines. The archaeologist shall submit reports, to the satisfaction of the City of Dinuba, describing the testing program and subsequent results. These reports shall identify any program mitigation that the project proponent shall complete in order to mitigate archaeological impacts (including resource recovery and/or avoidance testing and analysis, removal, reburial, and curation of archaeological resources).
CUL – 2 In order to ensure that the proposed project does not impact buried human remains during construction, the project proponent shall be responsible for on-going monitoring of project construction. Prior to the issuance of any grading permit, the project proponent shall provide the City of Dinuba with documentation identifying construction personnel that will be responsible for on-site monitoring. If buried human remains are encountered during construction, further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall be halted until the Tulare County coroner is contacted and the coroner has made the determinations and notifications required pursuant to Health and Safety Code Section 7050.5.
If the coroner determines that Health and Safety Code Section 7050.5(c) require that he give notice to the Native American Heritage Commission, then such notice shall be given within 24 hours, as required by Health and Safety Code Section 7050.5(c). In that event, the NAHC will conduct the notifications required by Public Resources Code Section 5097.98. Until the consultations described below have been completed, the landowner shall further ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices where Native American human remains are located, is not disturbed by further Dinuba City Council
Resolution 2023-16
Montebella Phase 2/3 Tentative Subdivision Map
development activity until the landowner has discussed and conferred with the Most Likely Descendants on all reasonable options regarding the descendants' preferences and treatments, as prescribed by Public Resources Code Section 5097.98(b). The NAHC will mediate any disputes regarding treatment of remains in accordance with Public Resources Code Section 5097.94(k). The landowner shall be entitled to exercise rights established by Public Resources Code Section 5097.98(e) if any of the circumstances established by that provision become applicable.
Transportation/Circulation
TRA-1 The Tulare County guidelines include detailed instructions for mitigation if a project has significant impacts. The guidelines state “The preferred method of VMT mitigation in Tulare County is for project applicants to provide transportation improvements that facilitate travel by walking, bicycling, or transit.” In accordance with these guidelines, a survey was conducted within a half mile of the Project to determine any pedestrian, bicycle or transit facilities deficiencies exist. After review, there were existing curb returns which do not meet current ADA requirements for ramps. The identified improvements include the following:
• East side of Adelaide Way & Englehart Avenue (2 ramps) • East side of Kelly Drive & Englehart Avenue (2 ramps) • South side of Kelly Drive & Morningside Drive (2 ramps) • North side of Kelly Drive & Morningside Drive (2 ramps) Total project cost is estimated at approximately $24,000 with a 20 percent contingency. The guidelines include a minimum cost for mitigation of $20 per daily trip generated by the project.
The project is anticipated to generate 1055 daily trips, which equates to a target value of improvements of $21,100. At the time of construction should prices fluctuate, an adjustment in the scope of improvements may need to be made.
ATTACHMENT “D” Location Map
north
Existing city limit boundary
Englehart Ave.
Project
Location
ATTACHMENT “E” Aerial PhotoEnglehart Ave. (Road 72)
Saginaw Way
north
Proposed
subdivision
ATTACHMENT “F” Proposed Subdivision Design
ATTACHMENT “G” Proposed Zoning and Land Use Designations Proposed General Plan
Designation:
“Park/Ponding Basin”
Proposed Zoning
”RCO”
north
Existing city limit boundary Proposed General Plan
Designation:
“Medium Density
Residential”
Proposed Zoning
”R-1-6 (PUD)”
Englehart Ave.
City Council Staff Report
Department: Planning and Development March 28, 2023
To: Mayor and City Council
From: Ismael Hernandez, Public Works Director
By: Karl Schoettler, City Planning Consultant
Subject:
Public Hearing to consider an application for a Planned Unit Development Tentative Subdivision Map for 27 Single Family Residential lots on a 5.5- acre site south of Kamm Avenue. (KSch)
RECOMMENDATION
City Council conduct a public hearing and adopt the following:
1. Resolution No. 2023-17 (Attachment “A”) approving a Vesting Tentative Subdivision Map to create 27 single family residential lots and adoption a Categorical Exemption as the environmental finding for the project.
EXECUTIVE SUMMARY
Public Hearing to consider an application for a Planned Unit Development Tentative Subdivision Map to create 27 Single Family Residential lots on a 5.5-acre site located south of the intersection of Marshall Avenue and Johnson Avenue.
OUTSTANDING ISSUES
None.
DISCUSSION
The project consists of the establishment of a new 27-lot single family residential planned unit development subdivision on a vacant 5.5-acre parcel, generally located south of the intersection of Marshall Avenue and Johnson Avenue (see Attachment “B” (location map) and Attachment “C” (Aerial Photo)) on the southern edge of the City.
The site is zoned “R-1-7.5” (the Single Family Residential zone (7,500 square foot minimum lot size). The applicant also requested a Conditional Use Permit to apply the “PUD” (Planned Unit Development overlay zone). This zone allows flexibility with respect to zoning standards such as lot size and setbacks, provided the Planning Commission and City Council are able to make a finding that the design is “superior” to what could be achieved under standards of the underlying zone.
It should be noted that the site was previously approved for a 23 lot single family residential subdivision in 2006, however the project was never developed, as the economy worsened.
The site is fairly small, so design options for a subdivision are limited. The proposed subdivision is shown in Attachment "D". Johnson Avenue is proposed to be extended south from the existing stub on the south side of Marshall Avenue, (along the west property boundary of the site). A loop street is also proposed in the middle of the site, with lots fronting on both sides of the street.
As permitted by the PUD zone, the applicant is proposing reduced lot sizes, ranging from 6,001 square feet to 11,034 square feet. The average lot size is 6,478 square feet.
Planned Unit Development zone
The PUD zone can only be applied when the resulting subdivision design is “superior” to what could be achieved with conventional zoning. The findings to approve such a request can be difficult to make but simply getting more and smaller lots is not justification for finding of a superior design. In the past, the City has applied requirements to Planned Unit Development projects (to help make the finding of superior design), and that is the case with this project.
Key upgrades to the project are those that have been required by the Planning Commission and City Council in the most recent PUD projects, and include:
· Tree-lined streets. Parkways will be provided between the curb and sidewalks and street trees established, with root barriers to protect concrete. Trees will be maintained through a landscape contractor with funding from the Landscape and Lighting District established for the project. Trees will shade and cool streets and beautify the neighborhood.
· Pedestrian-scale antique-style street lamps. Antique-style street lamps will be installed to further strengthen the desired pedestrian-oriented character of the project. · Stamped/colored paving at crosswalks
· Architectural Control of the homes. The adopted Dinuba General Plan strongly recommends that home façade design contributes to the desired pedestrian-oriented character of residential neighborhoods. A large part of this strategy is to reduce the dominance of large, blank garage doors and create more of a human-oriented façade design. With this concept in mind, it is recommended at least half of the homes in the subdivision feature large, useable front porches with the garage door set at or behind the front plane of the dwelling.
Open Space Requirement
The PUD zone requires that projects set aside 5% of the site for open space. This typically occurs in the form of a park. Five percent of this site would result in an extremely small park (containing about 12,000 square feet (0.3 acre).
Staff does not recommend the installation of such a small park as it would not be very beneficial and would be difficult for the City to maintain. Of note, the applicant is seeking to purchase the 9.6-acre property immediately to the west to develop with a similar (but larger) subdivision and it is recommended that the park acreage from the Rose View site be “shifted” to the adjacent parcel to create a larger park site. This would be more beneficial to residents of the neighborhood, than would be a pocket park.
Utilities
The Public Works Department reports that there is adequate capacity in the City’s water and sewer systems to accommodate the project. Each home will also be assessed the City’s utility development impact fees. Funds accrued by these fees are used for capital improvements within each utility system.
For storm drainage, the project will be required to identify an appropriate site where storm drainage can be channeled. This would most likely be a temporary basin constructed on the vacant property immediately west of the proposed subdivision.
EnvironmentalAnalysis
Because of the small size of the site, staff believes the project can be exempted from the requirement to prepare an analysis of potential environmental impacts (per Section 15061 (b) (3)of CEQA which states that where it can be seen with certainty that a project will not have significant impacts, then an analysis is not required.
Planning Commission Hearing
The Planning Commission conducted a public hearing to consider the proposed subdivision on March 7, 2023. Some members of the Commission voiced concern about a perceived lack of street access to the site and that existing surrounding neighborhoods could be burdened by traffic going to and from the subdivision (especially streets to the north that connect to Kamm Avenue). The Commission also asked whether Avenue 406 could be extended west from College Avenue to provide additional street connectivity to the site.
Staff explained that this particular site is saddled with several burdens, including · A lack of direct access to the site through adjoining subdivisions, · The adjoining subdivisions have very circuitous street patterns · It would be costly and difficult to extend Avenue 408 to the site due to the presence of a large concrete irrigation structure in the ground on the west side of the intersection of College Avenue and Avenue 408. This structure would have to be relocated to install a road that intersects College Avenue properly. In addition, the project would have to buy offsite land to connect the roadway to College Avenue. This could be financially difficult for such a small project.
Following discussion, the Commission concluded there is adequate access through the site and that when adjacent parcels (to the west and south) are developed, the City will need to pay close attention to facilitate improved access.
CONSULTATION/PUBLIC COMMENT
As required by municipal code, the City mailed notices of the proposed use and public hearing to property owners within 300 feet of the site, and tenants within 100 feet of the site. As of the writing of this staff report, no inquiries had been made.
FINDINGS
The use complies with the required Findings of the Dinuba Municipal Code for application of the PUD (Planned Unit Development) zone, and Tentative Subdivision Map contained in the attached resolutions.
BACKGROUND INFORMATION
Applicant: 247X Group, Inc.
Location: South of the intersection of Marshall Avenue and Johnson Avenue Assessor Parcel Number: 030-120-077
Site Size: The subject parcel contains approximately 5.5± acres Zoning: R-1-7.5 (Single Family Residential – 7,500 square foot minimum lot size) General Plan: “Medium-Low Density Residential”
Existing Land Use: Vacant land
ADJACENT LAND USES, ZONING, AND GENERAL PLAN DESIGNATIONS Direction Current Use Zoning General Plan
North
Single family
residential
neighborhoods
R-1-7.5
“Medium Low
Density
Residential”
South Agriculture
AE-20 (Tulare
County agriculture
zoning)
“Medium Low
Density
Residential”
East
Single family
residential R-1-7.5
“Medium Low
Density
Residential”
West Vacant land R-1-7.5
“Medium Low
Density
Residential”
FISCAL IMPACT
Each lot will pay City Development Impact Fees upon development.
PUBLIC HEARING
A public hearing notice was published in the Fresno Bee and mailed to property owners within 300 feet of the site, and occupants within 100 feet of the site.
ATTACHMENTS:
Description
A. Resolution 2023-17 (Vesting Tentative Subdivision Map) B. Location Map
C. Aerial Photo
D. Proposed Subdivision Map
ATTACHMENT “A”
RESOLUTION NO 2023-17
BEFORE THE CITY COUNCIL
CITY OF DINUBA
COUNTY OF TULARE, STATE OF CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DINUBA APPROVING A PLANNED
UNIT DEVELOPMENT VESTING TENTATIVE SUBDIVISION MAP (ROSE VIEW ESTATES) TO CREATE 27 SINGLE FAMILY RESIDENTIAL LOTS
WHEREAS, a request was submitted by the applicant (247X Group, Inc.) for approval of a Vesting Tentative Subdivision Map to establish a 27-lot single family residential Planned Unit Development on a 5.5-acre site generally located south of the intersection of Marshall Avenue and Johnson Avenue. The Assessor Parcel Number of the subject parcel is 030-120-077, and
WHEREAS, the site has received approval of a Conditional Use Permit to establish the “PUD” (Planned Unit Development) overlay zone designation, which allows flexibility with respect to zoning standards such as lot size, density and setbacks, and WHEREAS, the Planning Commission conducted a public hearing on March 7, 2023 to consider the project and voted unanimously to recommend approval, and WHEREAS, property owners within 300 feet and occupants within 100 feet of the subject parcels were notified of the City Council’s meeting and a public hearing notice was published ten (10) days prior to the City Council’s meeting, and WHEREAS, the Planning Department has prepared a staff report and environmental finding, and
WHEREAS, the City Council held a public hearing on this action and accepted testimony.
NOW, THEREFORE, BE IT RESOLVED that the City Council, after considering all the evidence presented, determined the following findings were relevant in evaluating this request:
1. The proposed Vesting Tentative Subdivision Map is consistent with the goals, objectives and policies of the Dinuba General Plan.
Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
2. The City has determined the project will have no significant impacts and is exempt from review for environmental impacts consistent with Section 15061 (b) (3) (General Exemptions) of the California Environmental Quality Act (CEQA)
3. The proposed project will not have an adverse impact on the health, safety and welfare of residents in the neighborhood or community.
4. The proposed Tentative Subdivision Map is superior in design compared to what could be achieved by utilizing the standards of the base R-1-7.5 zone.
4. The Vesting Tentative Subdivision Map (shown in Exhibit “A” (and on file with the Dinuba Public Works Department)) is subject to conditions of approval listed in Exhibit “B”.
NOW, THEREFORE BE IT RESOLVED THAT the Rose View Estates Vesting Tentative Subdivision Map is hereby approved by the Dinuba City Council.
The foregoing resolution was adopted upon a motion of Council member ___________________, second by Council member ___________________, at a regular meeting of the Dinuba City Council on the 28th day of March, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Maribel Reynosa, Mayor of the City of Dinuba
ATTEST:
____________________________________
Maria Ananiz, City Clerk
Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
Exhibit “A” “Rose View Estates” Vesting Tentative Subdivision Map S. JOHNSON AVE.
CAILE CT.
GRACE LN.
LOIS LN.
S. COLLAGE AVE.
AVE 406
GRACE LN.
E. MARSHAL AVE
E. MARSHAL AVE
CAILE CT.
S. JOHNSON AVE.
S. EVANS DR.
PREPARED FOR:
SHEET NUMBER:JOB NUMBER:
PROJECT TITLE:
SHEET DESCRIPTION:
COUNTY OF: CITY OF:
OF
REVISIONSDRAWN BY:CHECKED BY:DATE:
PLANNING SURVEYING CIVIL ENGINEERING
1234 O STREET, FRESNO, CALIFORNIA 93721
TEL: 559.449.4500 FAX: 559.449.4515
WWW.PRECISIONENG.NET
23-010
1 1
2/13/2023
JML
JOSHUA BLACK
TULARE DINUBA
TENTATIVE MAP LAYOUT
ROSE VIEW ESTATES
PLANNED UNIT DEVELOPMENT (PUD)
0 50' 100' 25'
SCALE 1" = 50'
9,&,1,7<0$3
127726&$/(
6,7(/2&$7,21
5(&25'('2:1(5
RPG LANE GROUP 1531 KAMM AVENUE
KINGSBURG, CA 93631
EXISTING USE: RESIDENTIAL / AGRICULTUREEXISTING ZONE: R-7-5 ASSESSOR'S PARCEL NO.: 030-120-77
SOURCE OF DATA: RECORD DATE
PROPOSED USE: SINGLE FAMILY RESIDENTIALPROPOSED ZONE: R-1-6PROPOSED WATER SOURCE: CITY OF DINUBAPROPOSED SEWAGE DISPOSAL: CITY OF DINUBAPROPOSED STORM DRAINAGE: CITY OF DINUBAPROPOSED CABLE TELEVISION: AT&T/COMCASTPROPOSED ELECTRICITY: PG&EPROPOSED GAS: SOUTHERN CALIFORNIA GAS CO.PROPOSED TELEPHONE: AT&T/COMCAST TOTAL ARE: 5.5 ACRES (GROSS)TOTAL LOTS: 27
MINIMUM LOT OF SIZE: 6,001 SQ. FT.
/(*$/'(6&5,37,21
PARCEL 2 OF PARCEL MAP NO. 3305, IN THE CITY OFDINUBA, COUNTY OF TULARE, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 34,
PAGE 7 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. EXCEPTING
THERE FROM THAT PORTION OF SAID PARCEL 2TYING EAST OF THE NORTHERLY PROLONGATION OF THE WEST LINE OF PARCEL 1 OF SAID PARCEL
MAP NO. 3305
VESTING TENTATIVE SUBDIVISION MAP
ROSE VIEW ESTATES
PLANNED UNIT DEVELOPMENT (PUD)
IN THE CITY OF DINUBA, TULARE COUNTY, CALIFORNIA
Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
Exhibit “B”: Conditions of Approval
1) MAPS AND PLANS
a. The developer shall have a final tract map prepared, in the form prescribed by the Subdivision Map Act and City of Dinuba Municipal Code, by a registered civil engineer or licensed land surveyor. The final tract map shall be digitally submitted to the City of Dinuba Public Works Department. The City maintains a “Final Map Submittal Requirements & Review Checklist” as a resource.
b. The developer shall digitally submit to the City of Dinuba Public Works Department, a set of construction plans on 24" x 36" sheets for all required improvements. These plans shall be prepared by a registered civil engineer. All applicable plan check and inspection fees shall be paid with the first submittal of plans. All plans shall be approved by the City and all other involved agencies prior to the release of any development permits. The City maintains an “Improvement Plan Submittal Requirements & Review Checklist” as a resource.
c. Prior to beginning any construction, or within twenty (20) calendar days after the approved plans are released by the City, the developer shall submit to the City of Dinuba Public Works Department one (1) reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans, and two (2) bound sets of the approved construction specifications, if any.
d. Within twenty (20) calendar days after all improvements have been constructed and accepted by the City, the developer shall submit to the City of Dinuba Public Works Department one (1) reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans revised to reflect all field revisions and marked "AS-BUILT" for review and approval. As-Built drawings shall be revised in electronic format, a scanned or field copy of the construction plans will not be accepted. Pad Certification(s) will be required prior to construction of any structure on a lot. 2) GENERAL
a. The developer shall comply with all conditions set forth in Title 16 of the Dinuba Municipal Code (Subdivisions).
b. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Section 66020(d) of the Government Code, these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The applicant is hereby notified that the 90day protest period, commencing from the date of approval of the project, has begun. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions. c. Applicant shall pay all applicable development impact fees at the rate in effect at the time of payment. The developer may be eligible for fee credits or fee reimbursements for oversizing of facilities or construction of other eligible facilities included in the applicable City Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
of Dinuba’s Impact Fee Study(s). The City Engineer will determine the type and extent of improvements that are eligible for fee credits or reimbursements. d. The developer shall furnish security in a sum to be determined by the City Engineer, prior to final acceptance of the off-site improvements by the City, for the guarantee and warranty of the improvements for a period of one (1) year following the completion and acceptance thereof by the City Council.
e. The developer shall submit a soils report for approval by the City Engineer with the first submittal of the improvement plans.
f. The developer shall comply with all the requirements of the local utility (gas and electric), telephone, cable, and other communication companies. It shall be the responsibility of the developer to notify the local utility, telephone, cable, and other communication companies to remove or relocate utility poles where necessary. The City will not accept first submittal of improvement plans without proof that the developer has provided the improvement plans and documents showing all proposed work to the utility, telephone, cable, and other communication companies.
g. The developer shall contact and address all requirements of the United States Postal Service for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction.
h. The developer shall comply with and be responsible for obtaining encroachment permits from the City of Dinuba for all work performed within the City's right-of-way and easements.
i. The developer shall install all improvements within public right-of-way and easements in accordance with the City of Dinuba standards, specifications, master plans, and record drawings.
j. All existing overhead and any new utility facilities located on-site, and within the street right-of- way or easements along the streets adjacent to this tract shall be undergrounded unless otherwise approved by the City Engineer.
k. The developer shall provide and pay for all compaction testing required by the QAP (Quality Assurance Plan).Compaction test results shall be submitted to the City Engineer for review and approval.
l. If the overall development is to be built in phases, then each phase shall have adequate access as required by the City of Dinuba Police and Fire Departments, and the City Engineer. The developer shall submit a schedule showing the sequence of development within the area covered by the tentative map.
m. During the site construction, any public streets fronting the project shall be kept clear of any construction or landscaping debris and shall not be used as a storage area for equipment, materials, or other items.
n. In order to provide for reasonable municipal protection during all phases of construction, the developer shall maintain pedestrian and vehicular access to all surrounding properties and buildings to the satisfaction of the City of Dinuba Police and Fire Department, and City Engineer.
o. The developer shall be responsible for all actions of his contractors and subcontractors during the course of any work occurring on the site. The developer shall designate, in Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
writing before starting work, an authorized representative who shall have complete authority to represent and to act for the developer. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the development. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the developer or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given. Whenever orders are given to the developer's representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the developer's expense. p. The developers contractors shall not work on, place debris on, store supplies or equipment on, or in any other way encroach upon any other properties without the written permission of such property owners. In the event other properties are encroached upon without written permission, work shall be automatically shut down until resolved. 3) DEDICATIONS AND STREET IMPROVEMENTS
a. The developer shall provide right-of-way acquisition or dedicate free and clear of all encumbrances and/or improve all streets to City standards:
i. 56’ Interior Residential Streets:
(1) Dedicate 56’ for public street and utility purposes. (2) Construct improvements as shown on the Tentative Map. Improvements shall include curb and gutter, sidewalk, drive approaches, curb ramps, street lights, and permanent paving.
ii. Improvements shall include curb and gutter, parkways with street trees, sidewalk, drive approaches, curb ramps, street lights, landscape and irrigation, and permanent paving.
b. Developer shall dedicate a 6’-10’ public utility easement (width as required by affected utility companies) along all streets and all other locations requested by utility companies.
Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer. c. Developer shall provide a preliminary title report, legal description, and drawings for all dedications required which are not within the boundary of the subdivision. d. The developer shall install pedestrian-scale antique-style streetlights in accordance with City Standards at the locations designated by the City Engineer. Streetlight locations shall be shown on the utility plans submitted with the final map for approval. Streetlights at traffic signal locations shall be installed on approved traffic signal poles. Streetlights shall be owned and maintained by City of Dinuba. Developer shall prepare a street lighting plan for approval by the City Engineer.
e. Developer shall provide for all striping, stenciling, pavement markers, delineators and signage required of all street improvements within the development. All traffic signs and street name signs shall be installed in accordance with City Standards and the CA MUTCD (latest edition). A striping and signage plan shall be included with the construction plans and submitted for review and approval by the City Engineer. f. All street and traffic control sign posts shall be painted gloss black.
Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
g. All streets shall be designed to include parkways for street trees. Said parkways shall be at least five feet wide. Each lot shall feature at least two street trees within the parkway, or as deemed appropriate by the City’s landscape design consultant. Parkways along side streets on corner lots shall feature at least three shade trees planted within the parkway, or as deemed appropriate by the City’s landscape design consultant. Maintenance of these trees shall be the responsibility of the Community Facilities District(CFD). All tree species shall be approved by the City’s landscape design consultant and follow the City’s landscape design guidelines, prior to planting. h. Curb ramps shall be provided at all intersections in conformance with City Standards. i. The project shall install stamped concrete crosswalks at locations identified by the City Engineer.
j. As part of street dedications, developer shall provide corner cut-offs at all street intersections. Corner cut-offs shall be sufficient to provide for sight distances and accommodate curb ramps.
k. The developer shall, at his expense, obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests. These designs shall be compared to the minimum section given below and approved by the City Engineer. ____Street Designation Minimum Section_____________
Local Street 2” HMA/6” AB CLII AB/6” CNS
l. Standard barricades, per City Standard, with reflectors shall be installed at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.
m. The developer shall, at the end of any permanent pavement abutting undeveloped property, install 2”x6” redwood header boards placed prior to street paving. n. All knuckles and cul-de-sacs shall be designed in accordance with City Standards. o. Temporary paved cul-de-sacs shall be provided at the end of any dead-end streets, planned for future extension, longer than 150’. Minimum radius shall be provided to allow turnaround of emergency equipment.
4) SANITARY SEWER IMPROVEMENTS
a. The developer shall identify and abandon all existing septic systems per City Standards and any other governing regulations.
b. The nearest sanitary sewer main available to serve the development is at Johnson Avenue on the northly side of the future development. The developer shall connect to this existing sewer. The developer’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of sewer service must be approved by the City Engineer and supported by appropriate calculations.
Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
c. The developer shall install sanitary sewer mains of the size and in the locations indicated below:
i. Interior Streets: Install 8” sewer mains throughout development. d. The developer shall dedicate a minimum 15’ wide easement for all onsite sewer mains not located in otherwise dedicated rights-of-way, if applicable. e. The developer shall install one (1) 4” sewer service house branch to each lot within the development in accordance with City Standards.
5) WATER IMPROVEMENTS
a. The developer shall identify and abandon all existing water wells per City Standards and any other governing regulations.
b. The developer shall install water mains of the sizes and in the locations indicated below and provide an adequately looped water system. The developer’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
i. Interior Streets: Install 8” water mains throughout development. c. The developer shall dedicate a 10’ wide easement for all onsite water mains, hydrants, blow-offs, and water meters not located in otherwise dedicated rightsof-way, if applicable. d. The developer shall install a City Standard water service, size as necessary, to each lot within the development in accordance with City Standards. e. The developer shall install a City Standard landscape water service, size as necessary, to each public landscape area within the development in accordance with City Standards.
f. No water service connection shall be made to the City of Dinuba Water System until a bacteriological report has been accepted by the City Engineer. g. Fire hydrants shall be installed at locations approved by the Fire Department.
Fire hydrants and curbs shall be painted per City Standards. 6) GRADING AND DRAINAGE
a. The developer shall, for construction activity prior to clearing, grading or excavation on one (1) acre or more of land area or are part of a larger common plan of development or sale, obtain a NPDES permit and implement Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to reduce or eliminate storm water pollution. Plans for these requirements shall be included in the construction plan set and shall be submitted to and approved by the City Engineer.
b. Plans for the required storm drainage systems shall be prepared by a registered civil engineer and conform to the City of Dinuba Storm Drain Design Guidelines (Attachment ‘F’), Developer’s engineer shall implement best management practices (BMPs) outlines in the Design Guidelines for peak flow reduction. The Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
BMPs recommended in the report are designed to accommodate either the 85th percentile storm (0.32 inches) or the 100-year, 24-hour storm. c. A percolation test signed and sealed by a California registered civil or geotechnical engineer shall demonstrate that BMPs can completely infiltrate within 96 hours.
d. The developer will be required to design and construct a retention basin along the west side of Johnson Avenue to accommodate the storm drainage generated by the development. Developer shall follow the City’s storm drain design guidelines. All storm drain piping necessary for the development will not be reimbursable unless it is necessary for storm drain master plan facilities. City will reimburse the oversized piping costs.
e. Developer’s engineer shall prepare hydrology and hydraulic calculations (H&H) for any proposed storm drain system and submit with the grading plan for review and approval by the City Engineer. Developer’s engineer shall consult with City Engineer for calculation requirements.
f. Grade differentials between lots and adjacent properties shall be adequately shown on the grading plan and shall be treated in a manner in conformance with City Standards. Any retaining walls required 12” or higher shall be masonry or concrete construction and any retaining walls required less than 12” may be wood, masonry, or concrete construction. All retaining walls shall be designed by a registered civil engineer.
g. Prior to the approval of grading plan, approvals and permits from the San Joaquin Valley Air Pollution Control District shall be obtained. The Project shall comply with all rules, regulations and conditions of approval imposed by the District.
h. The developer shall maintain a program of dust control to prevent air pollution as well as discomfort or damage to adjacent and surrounding properties. The developer shall follow all requirements and recommendations made by the San Joaquin Valley Air Pollution Control District for dust and emission reduction. 7) LANDSCAPING AND IRRIGATION
a. The developer, as a portion of the required tract improvements, shall provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-of- way and all other areas reserved for landscaping. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately qualified professional and conform to the City of Dinuba Standard Drawings (Attachment ‘C’), Landscape Design Guidelines (Attachment ‘D’), Low Impact Development Technical Memo (Attachment ‘E’), and the California Model Water Efficiency Ordinance. Public landscaping and irrigation shall be installed in the following locations:
i. Planter strips within all interior streets. Street trees shall be maintained (including periodic pruning and tree replacement) by the Community Facilities District.
b. The property owner shall request annexation to the City’s Community Facilities District (CFD). The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election will be Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
required for the establishment of the initial assessment. The assessment for each lot must be obtained from the City for the tax year following the recordation of the final map.
The property owner shall consent to the first-year assessment and annual increases per the provisions of the CFD. The property owner/developer shall notify all potential lot buyers before they actually purchase a lot that this tract is a part of a CFD. Said notification shall be in a manner approved by the City. The property owner/developer shall supply all necessary assessment diagrams and other pertinent materials for the CFD annually until the entire tract is built out or for three years after annexation to the district, whichever is longer.
c. The developer shall contact and address all requirements of the Alta Irrigation District (AID). This may also include, but not be limited to, dedicating easements, piping or relocating any existing AID canals or ditches, replacing any existing irrigation piping, concrete lining or improving any existing canals, construction or reconstruction of any canals, culverts, and bridge crossings. Plans for these requirements and improvements shall be included in the previously required set of construction plans and submitted to and approved by AID prior to the release of any development permits or recording of the final map. If an AID or private irrigation line is proposed to be abandoned, the developer shall provide waivers from AID and all downstream users.
d. The developer shall indicate on construction drawings the depth, location and type of material of any existing AID irrigation line along the proposed or existing street rights-ofway or onsite. Any existing canals or ditches shall be piped. The material of the existing pipe shall be upgraded to the proper class of rubber gasket pipe at all locations unless otherwise approved by the City Engineer.
e. All existing onsite agricultural irrigation systems either onsite or within public rights-ofway, whether AID or privately owned shall be identified prior to any construction activity on the site. Service to all downstream users of irrigation water shall be maintained at all times through preservation of existing facilities or, if the existing facilities are required to be relocated, the relocation and replacement of the existing facilities. It is the intent that downstream users not bear any burden as a result of the development. Therefore, the developer shall bear all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by the development. The developer shall identify on the construction plans all existing irrigations systems and their disposition (abandonment, repair, relocation, and or piping) for approval by the City Engineer. The developer shall consult with the AID for any additional requirements for lines to be abandoned, relocated, or piped. The developer shall provide waivers from all users in order to abandon or modify any irrigation systems or for any service interruptions resulting from development activities.
8) MISCELLANEOUS
a. It shall be the responsibility of the developer to remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer.
b. The developer shall provide clean-up, street sweeping and dust control during the construction of the development to the satisfaction of the City Engineer and Public Works Director. A deposit of $5,000.00 shall be submitted to the City to guarantee compliance.
At any time, developer is deemed to be non-compliant by the City Engineer or Public Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
Works Director, the City may draw from said deposit to pay for necessary activities to bring the site into compliance.
c. The developer shall install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development. Any existing section corner or property corner monuments damaged or destroyed by the development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance
d. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the developer shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.
e. A deferment, modification, or waiver of any engineering conditions will require the express written approval of the City Engineer.
f. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer. g. The developer shall install concrete masonry block walls in accordance with City Standards, with a minimum height of 6’-8” feet above the high side ground elevation, and of a design and color approved by the City of Dinuba Planning Department at the following locations:
i. Along the entire east (Lots 5-13) and south (Lots 13-17) side of the development. ii. Masonry block walls that retain more than 8” shall be designed by a registered civil engineer.
h. The project shall comply with the requirements of the Dinuba Fire Department, Dinuba Police Department and the City’s solid waste contractor (Pena’s Disposal). 9) PLANNING AND DEVELOPMENT
a. Homes developed in the subdivision are subject to architectural review by the City, including:
i. At least fifty percent of the homes shall feature front facades with a large, useable covered front porch measuring at least 8 feet wide and 6 feet deep. ii. Garage doors on the homes shall be set even or behind the front plane of the dwelling.
iii. Floor plans and facades of homes shall vary on each lot. iv. No two same floor plans shall be located adjacent to one another. v. No two of the same front façade designs shall be located adjacent to one another.
vi. The developer shall provide a map to the Dinuba Planning Department showing façade types and floor plans of the entire subdivision to ensure consistency with this requirement.
b. The project shall transfer its 5% open space requirement to a subdivision associated with development of the 9.7-acre parcel immediately to the west (APN 030-120-089 (being purchased by the applicant)) and that open space acreage shall be combined with open Dinuba City Council
Resolution 2023-17
Rose View Estates Vesting Tentative Subdivision Map
space required from the 9.7-acre site, for a combined open space feature centrally located within the development. In the event the applicant is unable to secure the site to the west, then the open space requirement shall be maintained and developed on the subject 5.5-acre site, or an agreement signed to transfer the open space to another useable, beneficial site. Until that determination is made, at least two of the contiguous residential lots on the 5.5-acre site shall remain undeveloped.
ATTACHMENT “B” Location Map
north
Project
Location
College Road
ATTACHMENT “C” Aerial Photo
north
Johnson
Project
Location
ATTACHMENT “D” Proposed Subdivision Map
S. JOHNSON AVE.
CAILE CT.
GRACE LN.
LOIS LN.
S. COLLAGE AVE.
ARSHAL AVE
E. MARSHAL AVE
CAILE CT.
S. JOHNSON AVE.
VESTING TENTATIVE SUBDIVISION MAP
ROSE VIEW ESTATES
PLANNED UNIT DEVELOPMENT (PUD)
IN THE CITY OF DINUBA, TULARE COUNTY, CALIFORNIA
City Council Staff Report
Department: FIRE SERVICES March 28, 2023
To: Mayor and City Council
From: Jordan Webster, Fire Chief
Subject:
Approval of Education and Training Affiliation Agreement between the City of Dinuba and Valley Regional Occupation Program (VROP) and Adoption of Resolution No. 2023-14 Approving a Budget Amendment to Fund the Fire Training Facility in FY 2022-23 (JORW)
RECOMMENDATION
Council to take the following actions by one motion and one vote:
1. Approve the Education and Training Affiliation Agreement between the City of Dinuba and Valley Regional Occupational Program and authorizing the City Manager or designee to execute the agreement; and,
2. Adopt Resolution No. 2023-14 approving budget amendment No. 2023-14 allocating $400,000 from the Ambulance Fund for the project in the FY 2022-23 budget.
EXECUTIVE SUMMARY
The City of Dinuba Fire Department and Valley Regional Occupational Program (VROP) are proposing to enter into a partnership for the construction of a state-ofthe-art fire education and training facility to be located on city-owned property south of the Public Works Corporation Yard. The fire training facility will be used by Valley ROP for education and training of employees and students. The Dinuba Fire Department will use the facility for training of fire personnel. Valley ROP will purchase a three-story mobile training structure and the city will install necessary site improvements and finish work on the mobile units. Staff is recommending that the City Council approve the Education and Training Affiliation Agreement with Valley ROP to formalize the partnership and adopt a budget amendment to fund the project in the current fiscal year.
OUTSTANDING ISSUES
None.
DISCUSSION
The City of Dinuba Fire Department (DFD) and Valley Regional Occupational Program (VROP) have a long-standing partnership in the education of future firefighters enrolled in the Urban and Rural Fire Fighting Pathway. VROP uses the Dinuba Fire Station as their classroom to educate and train students interested in fire service. VROP students get exposure to an operating fire department, have access to the tools and equipment utilized by professional firefighters, and get to interact with Dinuba firefighters who act as mentors and role models to the students.
In 2022, the Dinuba Fire Department and Valley ROP began discussions on the location of a state-ofthe-art fire education and training facility. Valley ROP indicated that they had funding to purchase the mobile units used in fire training facilities, but they were looking for a permanent site to locate the facility. The Dinuba Fire Department, working with Public Works and the City Manager, identified a city-owned property just south of the Public Works Corporation Yard as a potential site for the fire training facility. This property adjoins the Sierra Vista High School which is used by VROP for their adult school and will serve as a collection point for their students while utilizing the fire training facility. The site was presented to Valley ROP as an option, and they agreed that the site would be a good fit.
VROP agrees to purchase a three-story fire training mobile structure. The cost of this structure is estimated at $215,000. The City is proposing to make all of the necessary improvements to locate the training facility up to $400,000. VROP has agreed that the three-story mobile structure will be the City's property upon installation. In exchange, the City agrees to allow VROP to utilize the fire training facility for the next 20 years.
The proposed fire training facility will drastically improve upon the training capability of the VROP program. This partnership is an incredible opportunity for these students, but more importantly, VROP provides the gateway for a trained workforce that is critical to fulfilling the continuing need of fire and emergency services personnel necessary to serve and protect our community.
Staff is requesting a budget amendment of $400,000 for site improvements and finish work of the structure (Attachment 'A)'. The scope of this project will include the design and construction improvements of the site to include the preparation for the installation of the new mobile structure, the relocation of the existing mobile trailers and improvements necessary for future installations.
The Education and Training Affiliation Agreement enclosed herein as Attachment "B" is for 20 years, becoming effective on March 28, 2023, through March 28, 2043.
FISCAL IMPACT
The Ambulance Services Budget would be increased by $400,000 per the approved budget amendment. The city will accept ownership of the fixed asset with an estimated value of $215,000.
PUBLIC HEARING
None.
ATTACHMENTS:
Description
Attachment "A" Resolution 2023-14 for 2022-23 Budget Amendment, Exhibit 1, Budget Amendment 2023-14
Attachment "B" Education and Training Affiliation Agreement RESOLUTION 2023-14
A RESOLUTION OF THE COUNCIL OF THE CITY OF DINUBA
APPROVING AND ADOPTING THE BUDGET AMENDMENT TO FUND THE FIRE TRAINING FACILITY CAPITAL IMPROVEMENT PROJECT.
WHEREAS, the FY 2022/2023 Annual Budget reflects the City of Dinuba’s ongoing commitment to providing core services to the community, consistent with the strategic goals established by the City Council; and
WHEREAS, the FY 2022/23 Annual Budget was approved by the City Council on June 28, 2022 by Resolution 2022-44, and any subsequent amendments must be approved by Resolution; and
WHEREAS, a budget amendment is necessary to allow for the needed improvements to the fire training facility capital improvement project, which was not included in the 2022/23 fiscal year;
NOW, THEREFORE, BE IT RESOLVED, the Dinuba City Council hereby resolves that the FY 2022/2023 Annual Budget be amended to provide for the fire training facility capital improvement project.
PASSED, APPROVED AND ADOPTED this 28th day of March 2023, at a regular meeting of the Dinuba City Council by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: ATTEST:
_______________________ __________________________
Mayor of the City of Dinuba City Clerk
REQUEST FOR BUDGET AMENDMENT
Requested by: Jordan Webster
Account Budget Amounts
Numbers Increase Decrease
REVENUES
320 Ambulance Fund Balance 400,000
APPROPRIATIONS
320.60.601-730.1020 Capital Outlay - Buildings 400,000
Reason(s) for Budget Amendment:
Department Director
Signature Date
Approval Required Budget Amendment:
Administrative Services Director
Signature Date
City Manager
Signature Date
City Council: Approved Resolution #__________ Denied
Date
BA No.____________ JE No. _______________ Date Posted ___________ By: ____________________________ *note please have reviewed and presigned prior to council meeting to give to City Clerk Form only for items that are amending the FY___adopted budget.
Fund Name Description
To fund the Fire Training Facility capital project located at 1088 E. Kamm Ave. This project is in partnership with Valley Regional Occupational Program (VROP). VROP will be purchasing and installing a three story mobile fire training structure on site. The City will be responsible for the costs associated with the site improvements for the facility and finish work to the structure.
EDUCATION AND TRAINING AFFILIATION AGREEMENT
CITY OF DINUBA AND VALLEY REGIONAL OCCUPATIONAL PROGRAM
FIRE TRAINING FACILITY
This Education and Training Affiliation Agreement (“Agreement”) is entered into effective the last date signed by the parties (“Effective Date”) between the City of Dinuba (“Dinuba”) and Valley Regional Occupational Program (“VROP”) with respect to the following recitals, which are a substantive part of this Agreement:
RECITALS
A. Dinuba owns and maintains approximately 8.72 acres of property (380,000 square feet) located at 1088 East Kamm Avenue, in the City of Dinuba, County of Tulare, which Dinuba utilizes as the Public Works Corporation Yard. Dinuba Fire Department (“DFD”) has identified approximately 1.37 acres (60,000 square feet) in the south east corner of the parcel to be utilized as a Fire Training Facility (“Property” or “Training Center”). Currently the Property is vacant undeveloped land. The remainder of the Parcel consists of the public works Corporation yard including: Public Works Office building, Fleet Maintenance building, Streets and Water maintenance building, City Warehouse and two covered parking areas.
B. VROP desires to utilize the Training Center for a clean three story mobile fire training metal structure (“New Mobile Structure”) to be installed, plus parking to provide VROP students with training in first response, emergency services, firefighting, and other specialized skills.
Use of the Training Center may include, in addition to the New Mobile Structure, the use of DFD owned props if mutually agreed to and not in use by other agencies.
C. Dinuba is willing to allow use of the Training Center by VROP upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for the consideration set forth herein, Dinuba and VROP agree as follows:
AGREEMENT
1. Scheduled Use. Appointments to use the Training Center shall be made in advance and are subject to the availability of the facilities, props, classrooms, and Dinuba staff.
Appointments shall be made by using the contact information set forth in Exhibit A.
Scheduled appointments may be cancelled at any time by DFD based on the needs of DFD and its staff.
2. Fees. There will be no fees assessed for VROP in utilizing the Training Center.
3. Installation of New Structure. VROP shall be responsible for the purchase and installation of the New Mobile Structure at its sole cost and expense. The New Structure shall meet applicable standards. Dinuba shall be responsible for the improvements to the site necessary for the installation of the New Mobile Structure. The precise timing for acquisition and installation of the New Mobile Structure will be based upon availability. DFD shall 2 communicate and work with VROP regarding timing. The New Mobile Structure shall become the property of Dinuba.
4. Term of Agreement. VROP shall have the right to use the New Mobile Structure for the useful life of the New Mobile Structure, not to exceed a period of twenty (20) years from the Effective Date of this Agreement (“Term”). Use of the New Mobile Structure and Training Center shall be as described below. At the end of that period set forth in this section, continued use of the Training Center will require that VROP enter into the then current version of the Dinuba Fire Training Facility Use Agreement. The current version of the Facility Use Agreement is on file with Dinuba and available for review upon request.
5. Use of Training Center.
5.1. Use of New Mobile Structure. This Agreement allows VROP use of the New Mobile Structure. Additional use of the Training Center, such as use of DFD owned props, shall only be allowed upon mutual Agreement of VROP and DFD, and subject to any fees DFD may charge. The Indemnification and Insurance Provisions of this Agreement shall apply to all uses of the Training Facility, including any props and the Training Center.
5.2. Access. Only VROP teachers and employees assigned to the Firefighting Technology ROP will be allowed on site and to participate in training activities. Only VROP students assigned to the Firefighting Technology ROP will be allowed on site and to participate in training activities. Personal guests are not permitted without express permission by DFD.
5.3. Security. Building access may be granted to authorized VROP teachers and employees assigned to the Firefighting Technology ROP at the discretion of DFD. VROP will be assigned security access keys managed by DFD. All security access keys and Training Center codes, including, but not limited to, alarm, door, and gate, shall not be shared with unauthorized individuals. It is VROP’s responsibility to maintain the safekeeping of these security access keys and codes. If any of the security access keys or codes are compromised, Dinuba may immediately hold VROP financially responsible for expenses related to a re-key or update of security codes.
6. Applicable Rules.
6.1. VROP personnel will be subject to and required to abide by all City of Dinuba and Training Center Rules and Regulations.
6.2. Personnel shall follow DFD Training Center Policy regarding the use of all specialized training props at the Training Center. A copy of the DFD Training Center Policy shall be made available by a DFD representative upon request.
6.3. VROP personnel shall not use the forklift located at the Training Center. 3 6.4. VROP personnel shall not use Dinuba owned vehicles located at the Training Center.
6.5. No DFD consumable items or material goods, stored on site at the Training Center are allowed to be used without express consent of DFD. This includes but not limited to:
bottled water, coffee, hand tools, power tools, nails, screws, rescue mannequins, or lumber of any type. VROP will supply consumable and material goods while utilizing the Training Center to support VROP training.
6.6. VROP will maintain the cleanliness of the Training Center after each use. VROP will report any maintenance or general issues regarding the Training Center facilities and props to DFD.
6.7. Unless otherwise provided in this Agreement, use of the Public Works Department area by VROP is strictly prohibited.”
7. Indemnification.
7.1. VROP shall indemnify, defend, and hold harmless Dinuba and Dinuba’s officials, officers, employees, agents, and volunteers from and against all liability, claims, suits, damages, losses, costs and expenses, including reasonable attorney’s fees, which may be asserted by any third party against Dinuba and incurred in connection with or arising out of: (1) the use of the Training Center by VROP, its officers, agents, members, employees, and volunteers; (2) any breach of VROP’s performance obligations under this Agreement; or (3) any acts of negligence or willful misconduct of VROP or any person or entity claiming through or under VROP, or VROP’s agents, employees, and contractors but excluding such loss or damage caused by Dinuba’s sole negligence or willful misconduct.
7.2. Dinuba shall indemnify, defend, and hold harmless VROP and VROP’s officials, officers, employees, agents, and volunteers from and against all liability, claims, suits, damages, losses, costs and expenses, including reasonable attorney’s fees, incurred in connection with or arising out of: (1) the use of the Training Center by Dinuba, its officers, agents, members, employees, volunteers and third parties; (2) any breach of Dinuba’s performance obligations under this Agreement; or (3) the sole negligence or willful misconduct of Dinuba or any person or entity claiming through or under Dinuba, or Dinuba’s agents, employees, and contractors.
7.3. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by either party shall not be shared pro rata but rather the parties agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify, hold harmless and defend each other, their officers, board members, employees, and agents, from any claim, expense or cost, damage or liability imposed for injury as defined by Government Code Section 810.8 and which 4 includes death, damage or loss of property, injury to a person, his or her reputation, character, feelings or estate.
7.4. The obligations and terms of this Indemnification section are in addition to, and are not limited by the insurance which each party is required to maintain under this Agreement.
8. Insurance Requirements.
8.1. Insurance. Both VROP and the Dinuba shall maintain for the duration of this Agreement, insurance against claims for injuries to persons, wrongful death, and for damage to property that may arise from or in connection with any act, error, omission or negligence of its officials, officers, employees, agents, and volunteers. Such insurance shall be in an amount of not less than 2 million dollars ($2,000,000.00) per occurrence and shall name each other as additional insureds. VROP shall provide proof of insurance, subject to VROP’s right to self-insure set forth below.
8.2. Acceptability of Insurers. The insurance described in this subsection is to be placed with an insurer or insurers licensed to do business in California, admitted by the California Insurance Commissioner, and which have a current A.M. Best’s rating of not less than A: VII.
8.3. Self-Insurance. VROP may self-insure for the insurance coverage required by this section. Such self-insurance shall meet the requirements of this section and shall be demonstrated by a letter to Dinuba from VROP’s Risk Management/Insurance Department confirming VROP’s ability to satisfy such insurance obligation.
8.4. Approval by Risk Management. Notwithstanding the foregoing, the insurance required by this section shall be in a form and amount approved by the City’s Risk Management division and City Attorney’s office.
9. Potential Third Party Claims arising from this Agreement. The parties agree to inform each other upon notice of actual or potential claims or suits arising out of implementing this Agreement. The parties agree to cooperate, to the extent authorized by applicable law, in the investigation of such complaints, to include making reasonably available any records, material, statements, names, and personnel. Claims shall be determined by applicable state and federal law.
10. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be Tulare County.
11. Entire Agreement and Amendments. This Agreement contains all Agreements and understandings of the parties concerning the subject matter of it and cannot be amended or modified except by a subsequent written agreement executed by both parties. This Agreement shall not be modified or amended in any way except in writing signed by the parties hereto.
5 12. Third Party Contracts. This Agreement may be superseded at any time by any Lease or License Agreements made between Dinuba and a third party. VROP will be notified 60 days prior to such a change.
13. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
14. Alterations and Improvements. VROP shall not construct training props and related peripheral improvements, both underground and above ground, at the Training Center without the advance and express written consent of DFD, and upon such reasonable terms and conditions as Dinuba may require. The Improvements shall be processed through the Dinuba Planning and Development Services Department for required permits, and in its capacity as owner of the Property, Dinuba will reasonably cooperate with VROP in obtaining such permits should they be required.
15. Removal of Buildings and Structures. Upon termination of this Agreement, unless otherwise agreed by VROP and Dinuba, VROP shall remove VROP owned personal property, buildings, structures and other improvements located on at the Training Center and restore the Training Center to substantially the same condition as existed at the time VROP entered into this Agreement, ordinary wear and tear excepted. Upon VROP’s failure to remove VROP owned property or improvements from the Training Center in accordance with the terms of this Agreement after thirty (30) days' prior written notice from Dinuba, such property or improvements, at the option of Dinuba, shall become the sole property of Dinuba; or, if Dinuba so elects, Dinuba may remove such property or improvements from the Training Center, and restore the Training Center to substantially the same condition in which they existed at the time VROP entered onto this Agreement, reasonable wear and tear excepted, and CVROP shall reimburse Dinuba for any such reasonable costs incurred by Dinuba within thirty (30) days after Dinuba’s written demand to VROP, accompanied by supportive evidence of such expenditures.
16. Maintenance. DFD, at its sole cost and expense, shall at all times during the Term keep and maintain the Training Center, and all personal property, buildings, structures and improvements thereon in good order and condition, and free from rubbish, all reasonably satisfactory to Dinuba.
17. Termination. Either party may terminate this Agreement upon a material breach and a failure to cure within thirty (30) days of notice of the breach. No refund of fees or other compensation shall be due VROP for early termination.
18. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
19. Counterpart Copies. The Agreement may be signed in counterpart or duplicate originals, and any signed counterpart or duplicate original shall be equivalent to a signed original for all purposes.
6 20. Authority to Execute.
20.1. City Authority. In approving the form of this Master Use Agreement, the City Council authorizes the City Manager, and his or her designee, to execute this Agreement with VROP. The City Manager is authorized to approve non-substantive amendments.
20.2. VROP Authority. Only an official authorized to bind VROP to the terms of this Agreement shall execute this Agreement on behalf of VROP. VROP shall provide proof of that authority concurrent with execution. Such proof may require approval by the VROP governing body or other evidence of delegated authority.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Agreement Date.
VROP CITY OF Dinuba
Fabrizio Lofaro ____________________________________
Print Name and Title Print Name and Title
Dated: ________________, 2023 Dated: ________________, 2023 Contact Person for the VROP: Contact Person for the City:
Name: Fabrizio Lofaro Name: Jordan Webster
Title: Superintendent, Valley ROP Title: Fire Chief
Address: 1305 Q Street Address: 420 E. Tulare Street
Sanger, CA 93657 Dinuba, CA 93618
Phone: (559) 876-2122 Phone: (559) 324-2260
Email: [email protected] Email: [email protected] 7 8
EXHIBIT A
DINUBA FIRE DEPARTMENT INFORMATION
Name: _______________________________________________________________________ Address: _____________________________________________________________________ Telephone: ___________________________________________________________________ E-Mail: ______________________________________________________________________ Fax: _________________________________________________________________________ Other contact: _________________________________________________________________
AGENCY INFORMATION
Name of Agency: Valley Regional Occupational Program
Name of Agency contact person(s)/authorized representative(s): Fabrizio Lofaro _____________________________________________________________________________ Address: ___1305 Q Street, Sanger, CA 93657
Telephone: 559-876-2122
E-Mail: [email protected]
Fax: _________________________________________________________________________ Other contact: Dora Alvarado, [email protected]
Proof of Authority to Bind: Copy Attached:
Proof of Insurance: Current Per Risk Management:
DESCRIPTION OF PROPOSED FACILITY USE
Date: Friday, March 10, 2023 Time: 1:00 pm
Description of Area to be Used:
Training facility for Valley ROP Fire Fighting Programs & Crim. Justice Dinuba (Orosi HS, Lovell HS & Dinuba HS)
Reedley Fire Department (Reedley HS, Orange Cove HS, MVHS and Parlier HS) Selma (Selma HS, Heartland HS & Kingsburg HS)
Sanger (Sanger West HS and Sanger HS)
Alternate Training for Criminal Justice Programs and Introduction to Public ServicesPurpose of Use: Props to be used, if any:
Dinuba Fire Training
Tower
0 DO NOT SCALE DRAWING
Dinuba
Tower P1
thru 6 SHEET 1 OF 6
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:96 WEIGHT: DWG. NO. REV
A
SIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
CUST. APPR.
CHECKED
DRAWN
FINISH MATERIAL
DIMENSIONS ARE IN INCHES
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF SIPRA Corp. ANY REPRODUCTION IN
PART OR AS A WHOLE WITHOUT THE WRITTEN
PERMISSION OF SIPRA Corp. IS PROHIBITED. ZR ZR
ZR
A A
B B
2 2
1 1
Dinuba Fire Training
Tower
0 DO NOT SCALE DRAWING
Dinuba
Tower P1
thru 6 SHEET 2 OF 6
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:96 WEIGHT: DWG. NO. REV
A
SIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
CUST. APPR.
CHECKED
DRAWN
FINISH MATERIAL
DIMENSIONS ARE IN INCHES
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF SIPRA Corp. ANY REPRODUCTION IN
PART OR AS A WHOLE WITHOUT THE WRITTEN
PERMISSION OF SIPRA Corp. IS PROHIBITED. ZR ZR
ZR
A A
B B
2 2
1 1
Lower Deck
Upper Deck
4 Lower Deck
Upper Deck
Balcony
Lower Deck
1 1 2 2 1
2 4
3 Repelling
Door
3 5
High Anchor
Point
Container
Doors
4 3
5 5
0 DO NOT SCALE DRAWING
Dinuba
Tower P1
thru 6 SHEET 3 OF 6
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:150WEIGHT: DWG. NO. REV
A
SIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
CUST. APPR.
CHECKED
DRAWN
FINISH MATERIAL
DIMENSIONS ARE IN INCHES
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF SIPRA Corp. ANY REPRODUCTION IN
PART OR AS A WHOLE WITHOUT THE WRITTEN
PERMISSION OF SIPRA Corp. IS PROHIBITED. ZR ZR
ZR
A A
B B
2 2
1 1
24.00 42.00 48.00
36.00 48.00
36.00 36.00
48.00 36.00
48.00 42.00
24.00 0
DO NOT SCALE DRAWING
Dinuba
Tower P1
thru 6 SHEET 4 OF 6
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:72 WEIGHT: DWG. NO. REV
A
SIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
CUST. APPR.
CHECKED
DRAWN
FINISH MATERIAL
DIMENSIONS ARE IN INCHES
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF SIPRA Corp. ANY REPRODUCTION IN
PART OR AS A WHOLE WITHOUT THE WRITTEN
PERMISSION OF SIPRA Corp. IS PROHIBITED. ZR ZR
ZR
A A
B B
2 2
1 1
36.00 24.00
36.00 42.00
36.00 36.00 36.00
36.00 36.00
36.00 36.00
36.00 36"w x 80"h
(Typ. all Doors)
0 DO NOT SCALE DRAWING
Dinuba
Tower P1
thru 6 SHEET 5 OF 6
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:72 WEIGHT: DWG. NO. REV
A
SIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
CUST. APPR.
CHECKED
DRAWN
FINISH MATERIAL
DIMENSIONS ARE IN INCHES
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF SIPRA Corp. ANY REPRODUCTION IN
PART OR AS A WHOLE WITHOUT THE WRITTEN
PERMISSION OF SIPRA Corp. IS PROHIBITED. ZR ZR
ZR
A A
B B
2 2
1 1
2 3
4 5
1 0
DO NOT SCALE DRAWING
Dinuba
Tower P1
thru 6 SHEET 6 OF 6
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:84 WEIGHT: DWG. NO. REV
A
SIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
CUST. APPR.
CHECKED
DRAWN
FINISH MATERIAL
DIMENSIONS ARE IN INCHES
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF SIPRA Corp. ANY REPRODUCTION IN
PART OR AS A WHOLE WITHOUT THE WRITTEN
PERMISSION OF SIPRA Corp. IS PROHIBITED. ZR ZR
ZR
A A
B B
2 2
1 1
0 DO NOT SCALE DRAWING
Dinuba
Tower B
SHEET 1 OF 1
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:72 WEIGHT: DWG. NO. REV
A
SIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
CUST. APPR.
CHECKED
DRAWN
FINISH MATERIAL
DIMENSIONS ARE IN INCHES
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF SIPRA Corp. ANY REPRODUCTION IN
PART OR AS A WHOLE WITHOUT THE WRITTEN
PERMISSION OF SIPRA Corp. IS PROHIBITED. ZR ZR
ZR
A A
B B
2 2
1 1
0 DO NOT SCALE DRAWING
Dinuba
Tower
SHEET 1 OF 1
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:72 WEIGHT: DWG. NO. REV
A
SIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
CUST. APPR.
CHECKED
DRAWN
FINISH MATERIAL
DIMENSIONS ARE IN INCHES
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF SIPRA Corp. ANY REPRODUCTION IN
PART OR AS A WHOLE WITHOUT THE WRITTEN
PERMISSION OF SIPRA Corp. IS PROHIBITED. ZR ZR
ZR
A A
B B
2 2
1 1