Cities Index.
Attachment 3 - Exhibit B

Manteca City Council
July 19, 2022

Document
Attachment 3 - Exhibit B
Meeting
July 19, 2022
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Manteca City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on manteca-ca.legistar1.com. That file is the official record.

City of Manteca
Community Development Department
Conditions of Approval
Sedan Avenue Annexation Project
General Plan Amendment, Annexation, & Pre-Zone
June 2, 2022
Project File Number: GPA 22-49, ANX 21-172, & PRZ 21-173 Project Name: Sedan Avenue Annexation
Project Address: 7189 East Sedan Avenue, Manteca, CA 95337 APN: 226-100-20
Project Applicant: 2014 Quaresma Family Trust
Richard and Sarah Quaresma
7189 E. Sedan Ave.

Manteca, CA 95337
Property Owners: 2014 Quaresma Family Trust
Richard and Sarah Quaresma
7189 E. Sedan Ave.

Manteca, CA 95337
This list of conditions is not intended to be an all-inclusive or comprehensive list of City regulations. All conditions are referenced to the legal description (dated December 13, 2021) on file with the City of Manteca, Development Services Department, Planning Division.

City of Manteca Development Services Department: Planning Fees. 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.

Outside Agency Fees. The developer is responsible for contacting all responsible and commenting agencies and ensuring compliance with any applicable fees and/or rules.

Vesting Fees: This approval does not vest developer or Landowner’s rights regarding the payment of any development impact fees, exactions and dedications, processing fees, inspection fees, plan checking fees or charges, or any other fee or charge that could have been legally imposed by the City when the original application was deemed complete. All fees and charges shall be paid at the rate in effect at the time such fees are customarily due.

Limits of Approval. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, Planning Commission and/or City Council as affirmed to by the applicant. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.

Compliance with Local and State Laws. 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.

Erosion Prevention: The applicant shall take all necessary measures to ensure that his activities or those of his agents do not result in measurable erosion of soils on the site, either wind or water, during the construction and operation of the project covered by this approval.

Failure to Comply. Should the project be found, at any time, not to comply 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.

Indemnification. The applicant shall indemnify and hold harmless the City, its council members and commissioners, officers, agents, employees, and representatives from liability for any award, damages, costs and fees, including without limitation attorneys’ fees, incurred by the City and/or awarded to any plaintiff in any action related to or arising out of the City’s approval of this project or subdivision Map or any environmental or other documentation related to this project or subdivision Map. The applicant further agrees to provide a defense for the City in any such action.

Lathrop-Manteca Fire District. Prior to acceptance of the LAFCo application, the property will need to detach itself from the tax requirements of the Lathrop-Manteca Fire District.

City of Manteca Engineering Department
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.

Applicant shall dedicate ten-foot (10’) wide public utility easements on all street frontages for underground facilities and appurtenances.

Sedan Avenue
Applicant shall dedicate right-of-way on the north side of Sedan Avenue to accommodate a twenty-nine foot (29’) half-width street section.

Applicant shall construct full width street improvements along Sedan Avenue, including curb, gutter, five-foot (5’) sidewalk, street lights, pavement. The full width street improvements do not include any improvements beyond the curb and gutter on the far side of Sedan Avenue, opposite of the project.

Applicant may, in accordance with Title 16 of the Manteca Municipal Code, request City Council’s approval to construct a part-width street for Sedan Avenue consisting of one twelve foot (12’) wide travel lane and a two foot (2’) wide pave shoulder on the side opposite of the subdivision, including transitions and striping needed to connect with existing roadway improvements. City Council must approve the request by a four-fifths (4/5ths) vote.

If City Council does not approve the part-width street request, the Applicant shall, on behalf of the City, obtain right-of-way along the south side of Sedan Avenue to accommodate full width street improvements.

The minimum traffic index shall be 7.0.

Prior to the installation of the Sedan Avenue roadway improvements, water and sewer mains shall be installed in the Sedan Avenue right-of-way. The water main shall extend to the western end of the annexation. Water and sewer stubs shall be installed to the ultimate property line, per the right-of-way dedication required in these conditions.

During all construction phases, Applicant shall comply with City Laws regarding dust control. Applicant 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.

Applicant shall enter into an Improvement Agreement for construction of the roadway and utility improvements which will be dedicated to the City. 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.

Applicant 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. Applicant 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.

Applicant shall contact the local post office for direction regarding placement of mail receptacles or any other type of mail delivery proposed.

Applicant shall relocate existing mailboxes, per the direction of the City Engineer and the United States Postal Service. Mailboxes shall be constructed in conformance with the standards of the United States Postal Service.

Applicant shall remove and replace the existing pavement with a new street structural section along said street frontages of this annexation.

The electrolier locations shall be finalized during the Improvement Plan review process. Electroliers shall maintain an average foot candle coverage of 0.40 along the Sedan Avenue frontage of the annexation, 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.

The thickness of all sidewalks installed with the project shall be six inches (6”).

City of Manteca Information Technology Department
Upon annexation, this property address will change to a City address, and the street name will become W. SEDAN AVE. The proposed address for this property is 355 W. Sedan Ave.

Please contact the IT Department when the annexation goes into effect, (209) 456-8818.

Local Agency Formation Commission (LAFCo)
The City must have an updated Municipal Service Review and Sphere of Influence Plan in place before this annexation can be considered for approval by LAFCo.

San Joaquin County Environmental Health Department
This project shall comply with any applicable requirements from San Joaquin County Environmental Health Department.

U.S. Department of Homeland Security – FEMA
This project shall comply with any applicable requirements from U.S. Department of Homeland Security – FEMA.

ACKNOWLEDGEMENT OF TERMS AND CONDITIONS

MUST BE CERTIFIED BY A NOTARY PUBLIC
The City reserves the right to withhold the finalization of the structure(s) and/or terminate City utility service (shut off water and sewer) until all conditions of the City approved site plan have been completed. Please contact the Development Services Department if you are unable to complete the site plan improvements prior to occupancy of the project.

The fees associated with this project are payable at the time of building permit issuance. For information on fees associated with the project, please contact the Building Safety Division at 209-456-8550.

I, as the site plan applicant, or authorized agent for the site plan applicant, have read and understand the conditions of approval and requirements for this development project. I, further, understand that this site plan runs with the ownership of the land and any transfer of ownership must include all uncompleted site plan requirements. I hereby acknowledge all conditions and requirements of the site plan approval.

Date Authorized Signature
Date Authorized Signature
ATTACHMENT 3
Exhibit “B”
PAGE 9
Sedan Avenue Annexation
Conditions of Approval Page PAGE 1 of NUMPAGES 5

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