City of Manteca
Development Services Department
Conditions of Approval
Planned Development Amendment -Shadowbrook
December 7, 2021
Project File Numbers: PDA 20-125
Project Name: Shadowbrook Neighborhood 6 & 7
Project APN: 218-130-25, 218-130-26, 218-130-27, 218-130-44, 218-130-47, NOTE: A Mitigated Negative Declaration was completed with Mitigation Measures specific to development of this project site. The Mitigation Measures are incorporated by reference into this list of conditions.
This list of conditions is not intended to be all-inclusive or a comprehensive list of City regulations. All conditions are referenced to the Shadowbrook Tentative Map (Updated 12/11/2015) on file with the City of Manteca, Development Services Department, Planning Division.
This project is within a Planned Development (PCD-04-02 and PDA-15-94) with authorized deviations to the City’s development standards. The Planned Development Standards are incorporated by reference into this list of conditions.
The project also includes a Development Agreement specific to development of this project site. The development agreement is incorporated by reference into this list of conditions.
Development Services Department Conditions:
This Planned Development Amendment is approved, per the revision dated (May 26, 2021) and attachments, and as modified by the following conditions of approval, subject to final review and approval by the City of Manteca.
This Planned Development Amendment approval shall be effectuated within a period of two years of the City Council’s approval. Prior to the expiration date the applicant may apply for an extension not to exceed three years.
All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer’s expense.
This project is subject to the Mitigation Measures adopted as part of the Shadowbrook Mitigated Negative Declaration.
Landscaping submitted with the improvement plans shall be reviewed and approved by the Parks and Recreation and Community Development Departments.
Developer shall establish a Home Owner’s Association (HOA) to incorporate Neighborhoods 6 & 7. Said HOA shall include the entirety of all of the following components as identified on the Planned Development Amended Exhibit Neighborhoods 6 & 7:
Conrad Street
Conrad Court
Sparrow Avenue
Access road identified as “Street A”
Pocket park identified as “Lot A”
Any and all landscaping areas adjacent to all roadways
Wooden fence separating Neighborhood 5 & 6
All real properties contained within the boundaries of the Planned Development Amendment for Neighborhoods 6 & 7 Houses shall have front and street side elevations with full trim amenities around doors and windows.
Any lots backing or siding to a public way shall include full trim amenities around visible doors and windows on the side and rear elevations.
Home plans shall be fairly distributed throughout the subdivision. No two adjacent parcels shall have the same elevation, and no two parcels that are directly across the street from each other shall have the same elevation.
The applicant is responsible for contacting all appropriate utility companies to obtain agreements for extension and/or relocation of services necessary for the proposed development.
This approval shall not preclude the application to development of the property of changes in City laws, regulations, plans or policies, the term of which are specifically mandated and required by changes in State or Federal laws or regulations.
The applicant shall secure and comply with all applicable federal, state and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.
All conditions of approval for this project shall be written by the project developer on all building permit plan check sets submitted for review and approval. These conditions of approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the building developer to ensure that the project contractor is aware of, and abides by, all conditions of approval. Prior approval from the Planning Manager must be received before any changes are constituted in site design, grading, building design, building colors or materials, etc.
Should the project be found, at any time, not to be in compliance with any of the Conditions of Approval, or should the applicant construct or operate this development in any way other than specified in the Application or Supporting documents or presentations to staff, Planning Commission or City Council, as modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.
With respect to any claim, action of proceeding against the City, its officials, employees or agents relating to the action or inaction of the City in reviewing, approving or denying entitlements of any type, the Developer agrees to indemnify, hold harmless and defend the City and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or omissions by Developer or Developer’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation, of the Project. Developer agrees to indemnify, hold harmless and defend the City and its officers, agents, employees, and representatives from any and all actions for damages caused or alleged to have been caused by Developer’s activities in connection with the Project. This Agreement applies to all damages and claims for damages suffered or alleged to have been suffered arising out of or in connection to any and all Project operations, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project.
All activities undertaken in accordance with this approval shall comply with the City’s General Plan and Municipal Code. In cases of conflict between the City’s Municipal Code or map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) Municipal Code regulations; 2) project-specific conditions; 3) standard conditions.
The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees, habitat conservation fees and other public entity fees in effect at the time of the issuance of the applicable permit. Developer shall be responsible for contacting all affected agencies, and for the timely payment of all applicable fees associated with this project.
Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.
Engineering Division Conditions:
General
All improvements shall comply with the City of Manteca Standard Plans and Specifications. Improvement plans shall be submitted to the City Engineer for approval. An encroachment permit is required for all work within the public right-of-way.
Developer shall provide easements, requested by the respective utility companies, within the subdivision and shall show said easements on the final subdivision map. Any existing facilities within or adjacent to the project that are affected by this project shall be relocated and placed underground at the Developer’s expense.
Developer shall dedicate ten-foot (10’) wide public utility easements on all street frontages for underground facilities and appurtenances, upon approval and recordation of each final map.
Developer shall indicate on the improvement plans topographical information which shall include one-foot (1’) contour intervals and benchmark data based on City datum.
During all construction phases, Developer shall comply with City Laws regarding dust control. Developer shall also comply with San Joaquin Valley Unified Air Pollution Control District Regulation VIII (Fugitive Dust Prohibitions) in an effort to reduce the amount of fine particulate matter (PM10) entrained into the ambient air from man-made sources.
Prior to the start of construction, all survey monuments that have the possibility of being damaged, destroyed or covered over during the course of construction for this project, shall be located and referenced by a licensed land surveyor and a corner record or record of survey shall be filed with the county surveyor. Survey monuments which are damaged, destroyed or covered over during the course of construction must be re-set at the original location with a new monument and monument box and another corner record or record of survey shall be filed with the county surveyor. All work in this condition shall be done by a licensed land surveyor.
Prior to approval of a Final Map for any phase of the project the following shall be submitted by the developer and approved by the Engineering Department:
On-site grading and drainage plan,
On-site utility (sanitary sewer, water and storm drain) plan, Off-site improvement plan,
Erosion control plans,
Stormwater Pollution Prevention Plan (SWPPP),
Joint Trench Intent plans, and
Dedication of required rights-of-way and easements to the City.
The plans specified in (a), (b) and (c) above shall be prepared by a Registered Civil Engineer.
The items in (d) and (e) above shall be prepared by a Qualified SWPPP Developer (QSD).
Joint trench utility installation on Street “A” shall be in accordance with Manteca Municipal Code Chapter 13.34 and City Standards.
All residential address numbers shall be plainly visible from the street fronting the property. Said numbers/letters shall contrast with background.
Developer shall enter into an Improvement Agreement for construction of the improvements. The agreement will require posting a Performance Bond in the amount of one-hundred percent (100%), posting a Labor-Material Bond in the amount of fifty percent (50%), and payment of all required plan check, testing and inspection fees.
Developer shall install a benchmark on the North American Vertical Datum of 1988 vertical control system with this project. Final location shall be approved by the City Engineer and shown on the Improvement Plans. Developer shall obtain a benchmark from the City of Manteca and it shall be punched with the elevation, datum reference and benchmark number, which will be assigned by the City. A corner record shall be filed with the San Joaquin County Surveyor’s Office and shall include the language that the benchmark is being added to the City of Manteca Vertical Control Network.
Per City of Manteca Standard Drawing ST-1, prior to issuance of the first building permit, Developer shall install streets within the development in accordance with the “all weather road” standard. In addition to the requirements set forth in City Standard Drawing ST-1, prior to issuance of the first building permit, the Developer shall have installed all street name signs within the development.
Per City of Manteca Resolution No. R2008-150, which approved the City’s Residential Subdivision Partial Acceptance Policy, the Developer is eligible to receive a Partial Acceptance once all health and safety items are complete. Under the Partial Acceptance, Developer is only allowed to pull building permits for a maximum of fifty percent (50%) of the total number of dwellings within a Unit. Final acceptance of a Unit must be obtained to pull any building permits within the final fifty percent (50%). Furthermore, the partial acceptance of public improvements shall permit the occupancy of structures that front upon public streets that are included in the partially accepted public improvements. No Certificate of Occupancy will be issued until the partial acceptance has been approved by the City Council.
Per City of Manteca Resolution No. R2016-235, which approved the City’s Park Acquisition & Improvement Fee Update, the Developer shall pay the applicable adopted park fees.
Improvements must use a benchmark on the City of Manteca Vertical Control Network to establish the elevations of the improvements. The benchmark used shall be noted on the Improvement Plans.
Streets
An analysis of Southland Road and the intersections of Street “A” and Sagewood Drive, due to its proximity with Street “A,” shall be done and submitted to the City to determine if any improvements are needed on Southland Road to facilitate the added intersection. The analysis shall be submitted with the first submittal of the Improvement Plans. The final determination of Southland Road improvements, if any, shall be made by the City Engineer.
Soils R-value tests shall be performed from representative soils within the proposed subdivision. A geotechnical report shall be submitted to the City Engineer with calculations determining the street pavement structural design. Design shall conform to City of Manteca Resolution R-5633, “Street Structural Design Policy.” The minimum traffic indices shall be as follows:
46’ right-of-ways: 5.0
The electrolier locations on Street “A” shall be finalized during the Improvement Plan review process. Electroliers shall maintain an average foot candle coverage of 0.40 throughout the project, with a minimum allowable foot candle at any location of 0.07. Electrolier photometric plan, showing the foot candle coverage, shall be submitted with the Improvement Plans.
If Developer installs electrolier poles other than the City’s standard cobra head fixture on a galvanized pole, the Developer shall supply the City with one extra complete light fixture and pole, per phase/unit of the project. If applicable, this will be a condition of final acceptance of the subdivision.
The thickness of all sidewalks installed with the project shall be six inches (6”).
Accessibility ramps installed or modified with this project shall be in compliance with the latest revision of the California Building Code, Chapter 11B.
Parks & Recreation Conditions:
The Developer shall be required to pay Fees as specified in the current Park Acquisition and Improvement Fee Policy, specifically Lots 438‐492 shall be assessed both Park Acquisition and Improvement fee and the Neighborhood Park In‐lieu of fee.
HOA shall maintain any landscape areas new landscape areas on street ‘A,’ Lot A and Lot B shown on Exhibit EX1.1 and TM4.1.
Fire Conditions:
Per Ordinance #1173, a Fire Facility Permit Fee shall be assessed to all new construction as per Manteca Municipal Code Section 15.04.060.
The Developer shall submit all proposed street names to the Fire Prevention Division for review and written approval prior to the submittal of a final map.
Streets and Fire Department Access Drives within the subdivision shall meet City of Manteca Standard for all weather roadways prior to the issuance of any building permits.
Fire protection systems (fire hydrants, water mains, etc.) shall be installed, tested and approved by the City prior to the issuance of any Building Permits.
Fire hydrants shall be located and installed according to City of Manteca standards.
EXTERNAL AGENCIES
Manteca Unified School District
See attached Response Letter
Exhibit A Shadowbrook
Planned Development Amendment PDA-20-125
ATTACHMENT 4
PDA-20-125
Conditions of Approval Page PAGE 1 of NUMPAGES 7