Exhibit H
All vesting tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific co nditions are applicable to this vesting tentative tract map.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to p rotest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 6366, a 71-lot single- family residential subdivision dated March 23, 2023, the subdivider may prepare a Final Map in accordance with the approved vesting tentative map and Planned Development Permit Application No. P22 -04877 which establishes a planned development for the subject property.
2. 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.
3. Submit grading plans and a soils report to the City of Fresno Planning and Development Department, Development Services Division for verification prior t o 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.
4. At the time of Final Ma p 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
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
AUGUST 2, 2023
VESTING TENTATIVE TRACT MAP NO. 6366
“A PLANNED DEVELOPMENT”
Located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees.
5. All plans for on -site and off -site improvements included in the Co nditions of Approval shall be submitted prior to the final map being processed for recordation.
6. 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.
7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, “Subdivision of Real Property;” Resolution No. 68-187, “City Policy with Respect to Subdivisions;” and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto.
8. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps.
9. The subdivider shall furnish to the City acceptable security to guarantee the construction of the of f-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.
10. 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.
11. Vesting Tentative Tract Map No. 6366 is subject to approval of related Planned Development Permit Application No. P22-04877.
12. Planned Development Permit Application No. P22 -04877, filed to establish a 71- lot planned development shall be approved prior to final map approval.
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
MITIGATION MEASURES
13. Vesting Tentative Tract Map No. 6366 dated March 23, 2023 is subject to compliance with the mitigation measures established by the adoption of the Negative Declaration prepared for Environmental Assessment No. P21 -01202 dated July 23, 2021.
GENERAL INFORMATION
14. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope, then the required minimum easement wi dth shall be expanded to include the full landscaped area up to the wall location.
15. 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.
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.
16. 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.
17. If the developer/subdivider elec ts 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 sub division, attesting to the purchasers understanding that the lot will have an annual maintenance Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
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.
18. 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.
19. The proposed landscape and pedestrian easements along the major and local street frontages and entryways 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.
Walls/Fences/Landscaping
20. Provide and dedicate minimum 10-foot outlots for public private landscape purposes (and irrigation system) along the rear (eastern) property lines of all lots with frontage along North Bliss Avenue (lots 1 through 13). The 10-foot wide outlots shall be located adjacent to the “sidewalk pattern” within the adjacent public street rights-of-way and shall incorporate street trees to shade the adjacent sidewalks in accordance with Public Works standards, specifications, and policies.
21. The proposed 10-foot wide landscape easements along North Bliss Avenue shall be identified as Outlot s to be dedicated to the City of Fresno, in fee, for public private landscape (and irrigation system) 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.
22. Provide and dedicate an outlot (“Outlot A”) for private street and utility purposes as depicted on Vesting Tentative Tract Map No. 6366 dated March 23, 2023.
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
Provide and dedicate an outlot (“Outlot B”) for private common open space as depicted on Vesting Tentative Tract Map No. 6366 dated March 23, 2023.
23. 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 North Bliss Avenue, excepting openings for private entry and emergency vehicle access gates. Said wall shall be depicted on the related site plan exhibit(s).
24. Landscaping, which is compliant with the City of Fresno “Anti-Graffiti Landscaped Buffer Development and Planting Standards,” shall be required adja cent 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. 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 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.
26. 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 b e 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 space areas or pedestrian connections shall be provided with the submittal of 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 Agreements 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
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
27. Development of the subject property shall comply with all development standards of the RS -5 zone district and FMC Section 15 -903, 15-904, and 15 -905; and, all applicable requirements of the Fresno Municipal Code, unless otherwise specified in Exhibit A-1 dated February 27, 2023.
a) Development of the subject property shall comply with the approved Exhibit A- 1 dated February 27, 2023.
b) Garage setbacks for lots 43, 44, 53 and 54 shall be a minimum of six feet from back of sidewalk or curb.
c) There shall be no garage to façade setback requirement.
d) Rear yard setbacks shall be a minimum of 5 feet.
e) Maximum lot coverage shall not exceed 61 percent. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District.
Street Names
28. The subdivider shall comply with all provisions and requirements contained within Article 62, Chapter 15 of the Fresno Municipal Code related to Street Names and Addressing. The following street names shown on “Exhibit A” of Vesting Tentative Tract Map No. 63 66 dated March 23, 2023 will be required to be modified and correct street names verified, respectively prior to recordation of a Final Map(s):
To be revised/modified:
North A, B, and C Drives, and East D and E Drives to be provided by the Applicant and approved by the Planning and Development Department. Existing street names/alignments will be used in the naming of streets as required by the Development Code.
• NOTE: For purposes of these conditions of approval or mitigation measures for the proposed project, any reference to the former street name shall be applicable to the latter street name to which the street name shall be changed.
INFORMATION
29. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district’s adopted schedule of fees.
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
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 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 Fresno Municipa l Code Chapter 12, Article 10, 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 any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code.
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 susp ected 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.
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
36. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the following information:
a) A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided;
b) A request that the Engineer a pportion 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 th e Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment.
37. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Pollution Control District for the control of particulate matter and fugitive dust during construction of this project.
38. Solid waste disposal for the subdivision shall be provided by the City of Fresno.
The method of collection to be utilized in this trac t shall be subject to approval of the Solid Waste Manager (see below-noted conditions).
RIGHT-OF-WAY ACQUISITION
39. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements.
40. 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.
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
41. In the event an acquisition of any easement or right -of-way is necessitated by the subject development, said acquisit ion 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.
42. Should such acquisition not be accomplished by the subdiv ider 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 Departme nt, 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.
43. 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
44. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off -site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act.
45. 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 a ll 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 requirement s. If necessary, dedicate a pedestrian easement to accommodate for the four foot minimum unobstructed path requirement.
46. 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;
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
c. Landscape and irrigation plans (median island and street trees within all parkways); and
47. The subdivider shall underground all existing off -site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011 and Resolution No. 78-522, 88-229.
48. 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.
49. 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.
50. 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.
51. Comply with all of the requirements included within the attached Public Works Department memorandums dated June 19, 2023 and June 30, 2023 and redlined site plan dated June 30, 2023.
DEPARTMENT OF PUBLIC WORKS, ENGINEERING (STREET TREES)
52. Comply with all of the requirements included within the attached Public Works Department memorandum dated June 19, 2023.
DEPARTMENT OF PUBLIC WORKS, COMMUNITY FACILITIES DISTRICT (“CFD”)
53. Comply with all of the requirements included within the attached Public Works Department memorandum dated June 19, 2023.
DEPARTMENT OF PUBLIC UTILITIES
54. Comply with all of the requirements included within the attached Public Utilities Department memorandum dated June 2, 2023, relative to water, sewer and solid waste.
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
FIRE SERVICE
55. Comply with all of the requirements included within the attached Fire Department memorandum dated June 9, 2023.
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (“FMFCD”)
56. Comply with all of the requirements included within the attached FMFCD memorandum dated May 31, 2023.
COUNTY OF FRESNO – DEPARTMENT OF PUBLIC HEALTH
57. Comply with all of the requirements included within the attached County of Fresno memorandum dated May 30, 2023.
PACIFIC, GAS & ELECTRIC (“PG&E”)
58. Comply with all of the requirements included within the attached P G&E memorandum dated June 2, 2023.
CLOVIS UNIFIED SCHOOL DISTRICT (“CUSD”)
59. Contact Denver Stairs ( [email protected]) or Andrew Nabors ([email protected]) with the Clovis Unified School District for all school district requirements for this project.
BUILDING AND SAFETY SERVICES
60. Comply with all of the requirements included within the attached Building and Safety memorandum dated May 26, 2023.
DEVELOPMENT FEES AND CHARGES
Pursuant to Government Code 66020(d)(1) each local agency shall provide to the project applicant a notice in writing at the time of the approval of a project or at the time of the imposition of the fees, dedications, reservations, or other exactions a statement, and notification that the 90-day approval period in which the applicant may protest has begun (please see Notice of Project Applicant contained herein above for further information).
The following fees are based on preliminary conceptual information. The exact fee obligation will be computed prior to Final Map approval by the Department of Public Works, Land Division and Engineering Division. The fee rates in effect at the time of Final Map approval, determined by the Master Fee Schedule, shall apply (Reso. No. 2016 - 258).
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
This project is subject to the following development fees and charges.
a. Applicable FMFCD fees as determined by the FMFCD (reference FMFCD requirements included herein above and notes below for further information)
SEWER CONNECTION CHARGES FEE RATE
b. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth)
c. Oversize Charge [1] $0.05/sq. ft. (to 100' depth)
d. Trunk Sewer Charge [2] $344/living unit
Service Area: Fowler
e. Wastewater Facilities Charge [3] $2,119/living unit
f. Fowler Trunk Sewer Interim Fee Surety [1] $843/living unit
g. House Branch Sewer Charge [2] N/A
WATER CONNECTION CHARGES FEE RATE
h. 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.
i. Frontage Charge [1] $6.50/lineal foot
j. Water Capacity Fee* [1]
Single Family Residential $5,684/ 1” Meter/living unit
Irrigation $5,684/ 1” Meter
$7,106/ 1½” Meter
$14,206/ 2” Meter
* Fee based on meter(s) sizes specified by owner; fee for Water Capacity established by the Master Fee Schedule.
CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE
k. Fire Facilities Impact Fee – Citywide [4] $2,285/living unit
Conditions of Approval
Vesting Tentative Tract Map No. 6366
August 2, 2023
l. Park Facility Impact Fee – Citywide [4] $3,566/living unit
m. Quimby Parkland Dedication Fee [2] $1,542/living unit
n. Police Facilities Impact Fee – Citywide [4] $948/living unit
o. Citywide Regional Street Fee [3] $8,783/adj. acre
p. New Growth Area Major Street Fee [3] $27,490/adj. acre
q. Traffic Signal Charge [1] $762/living unit
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 o f 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.