Exhibit J
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications.
The following specific conditions are applicable to this tentative tract map.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project.
GENERAL CONDITIONS
1. Upon conditional approval of T entative Tract Map No. 6402 , a 15- lot, 28 -unit duplex residential subdivision dated May 11, 2022, the subdivider may prepare a Final Map in accordance with the approved tentative map.
a. Approval of Tentative Tract Map No. 6402 is contingent upon City Council approval of Plan Amendment-Rezone Application No. P21-06440
b. Approval of Tentative Tract Map No. 6402 is contingent upon City Council approval of related Planned Development Permit Application No. P22- 00795.
c. Approval of Tentative Tract Map No. 6402 is contingent upon City Council approval of related Conditional Use Permit Application No. P21-06515.
2. Execute a Mutual Easements and Reciprocal Use Agreement between Outlots A and B of Tentative Tract Map No. 6402 dated May 11, 2022. The Mutual Easements and Reciprocal Use Agreement, shall, at a minimum, provide: (1) Mutual and reciprocal emergency vehicle access.
a. Access and circulation on all of the outlots to be included within and made party to the easements and agreements required herein above shall be provided and maintained in accordance with approved entitlements for the
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
OCTOBER 19, 2022
TENTATIVE TRACT MAP NO. 6402
“A PLANNED DEVELOPMENT”
Located on the north side of East Alluvial Avenue, west of North Willow Avenue
Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
respective properties; or, any revisions or amendments thereto, as may be approved by the Planning and Development Department. No modifications to said access, circulation, or easements and agreements authorized for purposes of satisfying the conditions contained herein may be made without prior approval from the Planning and Development Department.
3. The subdivider shall comply with Regulation VIII and Rule 8060 of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project.
4. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verificati on prior to Final Map approval . Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval.
5. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees.
6. All plans for on- site and off -site improvements included in the Conditions of Approval shall be submitted prior to the final map being processed for recordation.
7. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider’s cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information.
8. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Chapter 15, “Land Divisions;” Resolution No. 68-187, “City Policy with Respect to Subdivisions;” and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto.
9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79- 606 and No. 80 -420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to tentative maps.
Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
10. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off -site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements.
11. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law.
12. Planned Development Permit No. P22- 00795, filed to establish a 15- lot, 28-unit planned development, shall be approved prior to final map approval.
13. Any modifications to the existing hospice facility site (APN 404 -500-28) shall require a separate entitlement with the Planning and Development Department.
MITIGATION MONITORING REQUIREMENTS
14. Tentative Tract Map No. 6402 dated May 11, 2022 is subject to compliance with the mitigation measures established by the adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6402/P21-06440/P22- 00795/P21-06515 dated September 23, 2022.
GENERAL INFORMATION
15. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope, then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location.
16. The long- term maintenance of all the items listed below is the ultimate responsibility of the owner/developer.
a) The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located within proposed Outlots associated with the proposed project.
b) The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located in any entry median island or traffic medians located within the project.
Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
c) The property owner shall be responsible for providing for the maintenance of the curbs and gutters, valley gutter, sidewalks, street lights and street signage within any local public street rights-of-way associated with the project.
d) The property owner shall be responsible for providing for the maintenance of all street trees within any local public street rights -of-way associated with the project.
17. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City’s Community Facilities District. Contact the Public Works Department, Engineering Services Division, at 559-621-8695 for information regarding the City’s Community Facilities District. The property owners may petition the City for annexation to the City’s Community Facilities District prior to Final Map approval.
18. If the developer/subdivider elects to petition for annexation into the City’s Community Facilities District, the subdivider/owner shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment.
The subdivider/owner shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment.
19. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/subdivider shall create a homeowners association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to Final Map approval. Said documents shall be recorded with the Final Map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements.
Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985.
20. The proposed landscape and pedestrian easements along the major street frontages of the subdivision shall be identified as Outlots to be dedicated to the City of Fresno, in fee, for public landscape, pedestrian, and utility purposes on the Final Map. The City Engineer may discretionarily require modification to other public easements proposed when/where such easements are preferred to be identified as Outlots to be dedicated to the City, in fee.
Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
Walls/Fences/Landscaping
21. Provide and dedicate an outlot (“Outlot A”) for an existing hospice facility , as depicted on Tentative Tract Map No. 6402 dated May 11, 2022.
Provide and dedicate an outlot (“Outlot B”) for private common space, street and utility purposes as depicted on Tentative Tract Map No. 6402 dated May 11, 2022.
22. Construct a minimum 6-foot decorative solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 15- 2006 of the FMC. The decorative wall shall be located along the entirety of the subdivision boundary, including along Alluvial Avenue, excepting openings for private entry gates and the western and southern boundary line of Outlot A. Said wall shall be depicted on the related site plan exhibits.
23. There shall be at least one small to medium sized tree located in the rear yard in each proposed residential lot (Lots 1 through 15). Depict the tree on the site plan exhibit for the Planned Development.
24. Landscaping, which is compliant with the City of Fresno “Anti-Graffiti Landscaped Buffer Development and Planting Standards,” shall be required adjacent to all required walls or fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments.
25. The subdivider is required to provide street trees on all street frontages per Fresno Municipal Code standards and is responsible for the dedication of public planting and buffer landscape easements as determined by the Planning and Development and Public Works Departments.
a) Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or, one tree per home (whichever is greater) by the developer.
i) The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 15-2309.
• NOTE: Irrigation systems shall comply with the requirements of the California Green Building Standards Code and/or the California Model Water Efficient Landscape Ordinance and/or California Plumbing Code as may be amended.
26. Provide a corner cut -off area at all street intersections in accordance with the requirements of the Fresno Municipal Code. Corner cut -offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection.
27. All proposed/required landscape easements, open space areas, pedestrian connection entryways, pathways and/or private on-site landscaping for street tree purposes shall be improved in accordance with landscape improvement plans, which are to be submitted to the Planning and Development and Public Works Departments for review and approval prior to Final Map approval.
• NOTE: Lighting and fence/wall details for any proposed/required open spaces areas or pedestrian connections shall be provided with the submittal of the landscape improvement plans.
a) Any proposed improvements within Pacific Gas & Electric (PG&E) or Fresno Irrigation District (FID) easement areas will require approval by the respective service provider/district agency prior to approval or acceptance by the City of Fresno.
i) Easement Encroachment Applications and/or Agre ements will be required as dictated by the respective service provider/district agency and will be required to be executed prior to issuance of permits for improvements.
PROPERTY DEVELOPMENT STANDARDS
28. Development of the subject property shall comply with all development standards of the RM -1 zone district and FMC Section 15- 906; and, all applicable requirements of the Fresno Municipal Code, unless otherwise specified in Exhibit A-1 dated May 11, 2022.
a. Development of the subject property shall comply with the approved Exhibit A-1 dated May 11, 2022, and Exhibits E-1 through E-4 dated May 11, 2022.
b. Rear yard setbacks shall be a minimum of seven feet.
INFORMATION
29. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school district’s adopted schedule of fees.
30. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision.
a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
to complete a Mode of Delivery Agreement for New Construction. The Mod e of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS.
31. Pursuant to Section 66456.1 of the Subdivision Map Act, which states “The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps,” multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of the Fresno Municipal Code, Subdivision of Real Property.
32. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain a ny and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code.
33. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately.
34. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268- 0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff’s Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653- 4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644- 2289) shall be contacted to obtain a referral list of recognized archaeologists.
35. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures.
36. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information:
a) A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided;
b) A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and
c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment.
d) The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment.
37. Solid waste disposal for the subdivision shall be provided by the City of Fresno.
The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions).
RIGHT-OF-WAY ACQUISITION
38. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements.
39. Rights-of-way acquisition shall include any rights -of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane.
The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information.
40. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions.
41. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement.
Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
42. The subdivider/owner shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way.
STREETS AND RIGHTS-OF-WAY
43. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off -site street improvements in accordance with all applic able provisions of the FMC and the State Subdivision Map Act.
44. The subdivider/owner shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law.
Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the four foot minimum unobstructed path requirement.
45. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Public Works Department for review and approval:
a. Signing and striping plans (per current California Department of Transportation standards);
b. Street Construction Plans;
c. Landscape and irrigation plans (median island and street trees within all parkways).
46. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval.
Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
47. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the City Engineer.
48. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads.
49. Comply with all of the requirements included within the attached Public Works Department, Traffic Planning Division memorandum dated June 1, 2022 and redlined Exhibit s A- 1 and A -2 for T -6402 and Planned Development Permit Application No. P22-00795 dated May 11, 2022.
DEPARTMENT OF PUBLIC UTILITIES
50. Comply with all of the requirements included within the attached Public Utilities Department memorandum dated June 2, 2022.
FIRE SERVICE
51. Comply with all of the requirements from the Fire Department memorandum dated June 1, 2022.
FRESNO COUNTY ENVIRONMENTAL HEALTH DIVISION
52. Comply with all of the requirements from the Fresno County Environmental Health Division memorandum dated June 1, 2022.
FLOOD CONTROL AND DRAINAGE (FMFCD)
53. Comply with all of the requirements from the FMFCD memorandum dated May 27, 2022.
FRESNO IRRIGATION DISTRICT (FID)
54. Comply with all of the requirements from the F ID memorandum dated June 2 , 2022.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD)
55. Comply with all of the requirements from the SJVAPCD memorandum dated June 1, 2022.
CLOVIS UNIFIED SCHOOL DISTRICT (CUSD)
Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
56. Comply with all of the requirements from the CUSD memorandum dated May 31, 2022.
DEVELOPMENT FEES AND CHARGES
57. The following fees are based on preliminary conceptual information. The exact fee obligation will be computed prior to Final Map approval by Public Works Department, Land Division & Engineering. The fee rates in effect at the time of Final Map approval, determined by the Master Fee Schedule, shall apply (Reso.
No. 2016-258).
SEWER CONNECTION CHARGES FEE RATE
a. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth)
b. Oversize Charge [1] $0.05/sq. ft. (to 100' depth)
c. Trunk Sewer Charge [2] $ 496/living unit
Service Area: Herndon
d. Wastewater Facilities Charge [3] $2,119/living unit
e. Herndon Trunk Capacity Enhancement Charge [1] $893/living unit
f. House Branch Sewer Charge [2] N/A
WATER CONNECTION CHARGES FEE RATE
g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by
owner; fee for service(s) and
Meter(s) established by the
Master Fee Schedule.
h. Frontage Charge [1] $6.50/lineal foot
i. Water Capacity Fee* [1]
Single Family Residential $4,879/ 1” Meter/living unit
Irrigation $4,879/ 1” Meter
$6,100/ 1½” Meter
$12,195/ 2” Meter
*Fee based on meter(s) sizes specified by owner; fee for Water Capacity established by the Master Fee Schedule.
Conditions of Approval
Tentative Tract Map No. 6402
October 19, 2022
CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE
j. Fire Facilities Impact Fee – Citywide [4] $ 2,061/living unit
k. Park Facility Impact Fee – Citywide [4] $ 3,061/living unit
l. Quimby Parkland Dedication Fee [2] $ 1,324/living unit
m. Police Facilities Impact Fee – Citywide [4] $ 673/living unit
o. Citywide Regional Street Fee [3] $ 8,752/adj. acre
p. New Growth Area Major Street Fee [3] $ 24,090/adj. acre
q. Traffic Signal Charge [1] $ 546/living unit
Notes:
The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009 – 01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010.
Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits.
On December 8, 2016, Fresno City Council adopted Resolution No. 2016- 258, effective July 1, 2018, administratively updating the impact fees adjusted by this resolution annually to the percentage change in the 20-City Construction Cost Index as reported in the Engineering News Record (ENR) for the 12- month period ending of May of the year of adjustment.
[1] Deferrable through Fee Deferral Covenant.
[2] Due at Final Map.
[3] Due at Building Permit.
[4] Due at Certificate of Occupancy.