Zacharias and Baldwin Ranch South Master Plan
Conditions of Approval
Draft July 28, 2021
Planning
1. Development of the project shall be in accordance with the approved Master Plan, as modified by these conditions and as may be modified by a development agreement between the City and developer. In the event of any conflict between these conditions and the terms of any development agreement between the City and developer, the terms of the development agreement will control and these conditions will be deemed modified.
2. The project shall be subject to all the mitigation measures found in the Mitigation Monitoring and Reporting Program (MMRP) of the Zacharias and Baldwin Ranch Final Environmental Impact Report, as adopted by the City Council.
3. Developer agrees to and shall hold the City, its officers, agents, employees, and representatives harmless from liability for damage or claims for personal injury, including death, and claims for property damage which may arise from the direct operations of the developer or those of its contractors, subcontractors, agents, employees or other persons acting on its behalf with respect to the project. Developer agrees to and shall defend the City and its officers, agents, employees, and representatives from actions for damages caused or alleged to have been caused by reason of developer’s activities in connection with the project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to above, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the project. Developer further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of the development agreement. Developer may elect to, but shall not be obligated to, pay for a separate defense for City if City elects to retain independent legal counsel.
4. Development shall conform with the adopted zoning requirements except as otherwise approved by the Master Plan.
5. In the Baldwin Ranch project area, walls shall be included along the interface with the Delta Mendota Canal, as approved by the City Engineer.
Non-Residential (Conditions 6-14)
6. Prior to issuance of a building permit for any non-residential development, an exterior lighting plan and site lighting footcandle plan shall be prepared subject to the review and approval of the Community Development and Police Departments.
Formatted: Centered
7. Prior to issuance of a certificate of occupancy for all non-residential buildings, all ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view, subject to utility company guidelines. All roof-mounted equipment which generates noise, solid particles, odors, etcetera, shall cause the objectionable material or effects to be directed away or shielded from adjoining land designated for residential development. A plan for the treatment of roof top equipment shall be submitted to the Community Development Department prior to issuance of a building permit
8. All planted areas shall be separated from driveways by concrete curbs.
9. Prior to issuance of a building permit for each building, a site plan shall be submitted identifying the location of all trash containers, for review and approval by the Community Development Department. Trash enclosures shall be constructed to City standards and shall be architecturally compatible with the design of the project and shall be laid out for easy access by collection trucks.
10. In such cases where trash bin enclosures are to be installed abutting structures, the common wall shall be of a noncombustible masonry type material with no openings for vents or windows.
11. Developer shall provide design details (or vendor specifications) for all streetscape items (planters, waste containers, benches, bicycle racks etc.) with first building permit applications.
12. Project must ensure that there are enough trash receptacles in front of any commercial areas that might be developed as part of this project. The receptacles shall follow the current City Standard for downtown area.
13. A Master Sign Plan shall be submitted and approved by the Community Development Director, for any commercial centers in the Plan area. Stand-alone stores that are not part of a center shall be subject to the City of Patterson sign ordinance.
14. No air conditioning or similar mechanical equipment shall be installed on roofs of dwellings or within any setback area of 5 feet or less.
15. The applicant shall submit for approval by the Community Development Department, a plan for off-site unified directional signage associated with directing buyers to the Master Plan area. For each individual homebuilders, each applicant shall submit for approval by the Community Development Director, an on-site signage plan, along with exterior treatments associated with model homes, including landscaping and sales office prior to issuance of a building permit.
16. Final Development Plan shall be submitted to the City that includes site plans and building elevations that demonstrate compliance with all design guidelines and development standards in the Master Plan. The Development Plan shall address neighborhood diversity, minimum number of plans and styles, placement of garages, streetscape, landscaping and fencing, four-sided articulation, architectural variation and massing. The Development Plan shall be subject to approval by the Planning Commission either in conjunction with a subdivision map, or via a subsequent submittal to the Planning Commission.
17. The final landscaping plan for all common areas shall be approved by the Community Development Director and City Engineer prior to the recordation of a subdivision map or issuance of a building permit., , and shall conform to the guidelines in the Master Plan.
18. Each final map shall include bicycle support infrastructure as outlined in the Master Plan.
Public Works
19. Prior to issuance of any building permit, the applicant shall enter into an agreement with the City of Patterson which shall specify the improvements to be installed to serve the applicable phase of the development or subdivision map, in accordance with the approved improvement phasing plan.
19. 20. The applicant shall pay all applicable AB1600 impact fees including the general government impact fee, the community facilities impact fee, the street improvement impact fee, fees relating to sewer, water and storm drainage, and the public safety impact fee in accordance with applicable provisions of the Patterson Municipal Code except as the payment of required fees may be amended by a development agreement executed between the City and the developer. In addition, the City shall grant credit toward the payment of these fees for projects undertaken by the developer, in accordance with adopted improvement plans and/or the terms identified in a development agreement, to the extent that such projects would otherwise be funded by these fees.
21. The project shall be subject to the then-applicable impact fees of the Del Puerto Healthcare District and Stanislaus County at the time of building permit.
20.22. Prior to recordation of any final map or parcel map, the applicants for the Project shall enter into a Development Agreement with the City to specify each party’s respective obligations for the project.
21.23. Public utilities easements shall be granted to the satisfaction of the Public Works Director and City Engineer.
22.24. The developer shall obtain an encroachment permit for all work conducted within the public right-of-way.
Formatted: Outline numbered + Level: 1 + Numbering
Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Tab stops:
-1", Left + -0.5", Left + 0.25", Left + 0.5", Left + 0.75", Left + 1", Left + 1.25", Left + 1.5", Left + 1.75", Left + 2", Left + 2.25", Left + 2.5", Left + 2.75", Left + 3", Left + 3.25", Left + 3.5", Left + 3.75", Left + 4", Left +
4.25", Left + 4.5", Left + 4.75", Left + 5", Left + 5.25", Left
23.25. Interior vehicle travelways shall be designed to be capable of withstanding loads imposed by trash and delivery trucks.
24.26. All on-site utilities and utility fixtures shall be underground.
25.27. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the subject site. The flushing of dirt and debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works.
26.28. All required public improvements shall be designed and constructed in accordance with the City of Patterson Standard Specifications and Drawings, at the time of submittal to the Engineering Department.
27.29. All construction activities, including the warming of construction vehicle engines, shall be limited to Monday through Saturday only between the hours of 7 A.M. to7 P.M. and on Sunday if construction activities are no closer than 300 feet to occupied residences. The potential for construction activities will be disclosed in writing to all future residents of the project. At the discretion of the Public Works Director, these hours may be extended and these distances may be reduced.
28.30. All final conditions of approval of this project shall be printed on or attached to the building plans and/or improvement plans. These shall be in the form of a photocopy of the final action letter of the decision maker (preferably printed as a separate numbered sheet) submitted to the City for all applications on the subject property.
29.31. Self-contained temporary restroom and sanitation facilities shall be on the job-site and be properly maintained until finish of all construction. Connection to sanitary sewer system for temporary restroom and sanitation facilities is prohibited.
30.32. All street lighting shall be LED. For further details regarding LED requirements/ specifications, please contact Engineering at (209) 895-8076.
31.33. Signs shall be located outside the public road right-of-way and shall not interfere with driver sight distance requirements at intersections.
32.34. Developer shall provide and determine a maintenance program in cooperation with the City of Patterson for landscaped areas between all roads and any approved noise walls, other walls, street trees, and bicycle lanes, subject to review and approval of the City.
33.35. Landscaping and irrigation shall be installed in compliance with AB 1881 on all front yards, and side yards of lots when visible from public streets to the satisfaction of the City Engineer.
34.36. Final inspection of the sewer and storm drain system shall be by televised inspection device as approved by the City Engineer at developer’s expense.
35.37. All sight distances for all corners shall conform to the City’s sight distance requirements to the satisfaction of the City Engineer.
36.38. The developer shall provide all necessary on-site easements for streets, sewers, water facilities, utilities, drainage facilities, and other facilities as required by the City, prior to or in conjunction with the final map. Said easements shall be subject to the review and approval of the City Engineer and the City Attorney.
37.39. Project shall comply with all applicable stormwater regulations, including Post Construction Standards/Low Impact Development (LID).
38.40. Project must comply with the latest edition of the California Green Building Code, including ADA (Americans Disability Act), and City Standards. The City Standards must be detailed out on the plans to ensure compliance.
39.41. Project must participate/annex into the City’s CFDs (Public Safety/Fire CFD 2003-1 or pertinent public safety CFD, Maintenance CFD 2013-1, West Patterson Business Park CFD 2005-1 and/or Maintenance CFDs 2018-1 and/or 2018-2) and/or form their own CFD for infrastructure and/or maintenance. All costs associated with the annexation/formation must be paid for by the developer. The Unanimous Approvals/Waivers for all CFDs must be signed and recorded prior to permit issuance.
40.42. The City will require the developer to enter into a Landscape and Stormwater Control Measures (SCMs) & Access Agreement which holds the developer responsible for the ongoing maintenance of all private landscaping and stormwater treatment control measures installed on the project (for example vegetated swales, interceptors, basins, etc.).
The agreement must be signed and recorded prior to inspections.
41.43. Backflow Prevention Device is required on all water services installed. A building permit is required, and the device inspected and approved by the Public Works Department.
42.44. Landscape plans shall be submitted to the Engineering Department and shall comply with AB1881 (Water Use Efficiency)/MWELO requirements. Once the landscaping is complete an audit must be completed, and the Certificate of Completion/Landscape Document Package sent into the City. The City will require passing audits for the Landscaping.
43.45. Projects must submit a Construction & Demolition Waste Management Plan to the Public Works Department. The City will require a final package prior to obtaining a final, including disposal tickets, to be submitted to ensure 60% diversion rate has been achieved.
For further information regarding this item, please contact Xavier Guluarte at (209) 895- 8068 or via email at [email protected]
44.46. If property is within a Special Flood Hazard Area, developer must pull a floodplain development permit and build according to floodplain standards. Please see Municipal Code, Chapter 17.12 for building standards. For further information, please contact Maria Encinas at (209) 895-8061.
45.47. Street Trees may need to be installed or replaced. A street tree deposit will be collected by the City at building permit phase. All street tree types shall comply with the City’s Approved Street Tree Plan and species list, approved by the Public Works Director.
46.48. All street lighting shall be LED. For further details regarding LED requirements/ specifications, please contact Engineering at (209) 895-8076.
47.49. Any truncated domes installed; City prefers the “Set in Place” domes.
48.50. Trash Enclosures be designed and constructed to comply with the Department of Health and Storm Water regulations (not located in proximity of a drain inlet, have covers, have adequate secondary containment, etc.). Trash enclosures should be sized to comply with commercial and organics recycling requirements. If the trash enclosure is being shared with another facility, the trash enclosure must be adequately sized to be able to service more than one facility. All trash enclosure plans must be reviewed and approved by the City’s Planning Department. For a copy of the City standard, please contact Engineering at (209) 895-8076.
49.51. Improvement plans for any off-site public improvements shall be submitted to the Engineering Department for review and approval.
50.52. If construction water will be obtained from the City’s Fire Hydrant(s), a Fire Hydrant Use Permit Application must be submitted and approved by the Public Works Department.
Fees, Deposits, and Water Rates are listed on the permit application.
51.53. All new construction activities for commercial/industrial development projects require an Encroachment Permit from the Public Works Department.
52.54. Any pre-existing sewer laterals and storm drain lines should be video inspected to ensure that the lines are clear of any debris and that they are not damaged.
53.55. All facilities must be connected to the City’s municipal system for water (potable and non-potable), sewer and storm and be signed up for services prior to being in operation.
This includes garbage service. This also includes Garbage Services (Commercial Recycling – AB 341). The City currently has a Contract with Bertolotti Disposal which grants an exclusive “Commercial & Residential Solid Waste Franchise” for Garbage Services. Please contact the City’s Finance Department at (209) 895-8040 to sign up for utility services or for any questions.
AB 1826 (Organic & Food Waste Recycling) requires that businesses generating 2 cubic yards of organic waste to arrange for organic waste recycling services. This requirement will extend to businesses generating 2 cubic yards of organic waste to arrange for organic waste recycling services.
For further information about this requirement, please visit the City’s website at www.ci.patterson.ca.us or the State’s Cal-Recycle website http://www.calrecycle.ca.gov/recycle/commercial/organics/ or call Xavier Guluarte at (209) 895-8068.
54.56. Stormwater quality control devices (SCDs) /Low Impact Development (LID) will be required for this project and must be included as part of the civil improvement plans submitted for the project. This includes having post BMPs to address oil/grease/debris/trash, etc. Additionally, all gas stations must meet the standards established in the City’s Multi-Agency Post-Construction Stormwater Standards manual by visiting http://www.ci.patterson.ca.us/535/Post-Construction-Standards-Manual
55.57. Any food establishments installed as part of this project must install grease interceptors, per City Standard 7.17. All grease interceptors must be constructed by the developer on private property on the sewer service lateral for any facility whose operation will result in oil, grease, sand or other solids being discharged into the City’s sanitary sewer system.
Interceptors shall conform to the latest California Plumbing Code Standards (minimum size is 750 gallons) and all grease interceptors shall have a sample point and shall be constructed outside the building where they can easily be inspected for proper operation by the City.
Per the City’s Municipal Code, any business that has a Grease Interceptor/Trap must be part of the City’s Fats, Oil, and Grease (FOG) Program and plans must be submitted and approved by the City. Please contact Public Works to schedule an on-site FOG Visit once the project is complete.
56.58. All utilities (storm, water, sewer) should be routed to existing public rights-of-way rather than utility easements. Work with Engineering and Public Works to ensure this is done to the City standards.
57.59. Project shall pay all applicable impact fees, capacity fees (storm, water, and sewer) at the time of building permit. For a copy of the City’s fees please visit the City’s website or contact Building at (209) 895-8030.
58.60. Green Building Code Regulations: Project must comply with the latest edition of the California Green Building Code, including sections addressing Water Efficiency & Conservation for indoor and outdoor water use; Construction Waste Reduction, Disposal, and Recycling; Site Development; Construction & Demolition; Irrigation Controllers; Storm Water Drainage and Retention, etc.
Any pre-existing public improvements adjacent to the project area must meet the ADA standards; this includes sidewalks, handicap ramps, etc. Please note that this might require full replacement of the improvements. Any questions, please contact Engineering or Public Works directly.
59.61. Cross Connection Requirement: Backflow Prevention Device is required on all water services and shall be installed per City Standards 5-D and/or 5-E. A building permit must be obtained from the City’s Building Department and the device inspected and approved by the Public Works Department.
60.62. Project landscape plans must comply with AB1881 (Water Use Efficiency)/MWELO requirements if landscaping is required. Background Information: Following is a summary listing the projects that are required to comply with this requirement. Further information can be found on the State’s website:
http://www.water.ca.gov/wateruseefficiency/landscapeordinance/ Once the landscaping is complete an audit must be completed, and the Certificate of Completion/Landscape Document Package sent into the City. The City will require passing audits for the Landscaping. Additionally, the irrigation system must be set to comply with the City’s Watering Schedule and SWPPP regulations. For further information regarding this requirement, please contact Maria Encinas at (209) 895-8061. **Note: The City’s mandated per capita water savings target is 10%. Therefore, the use of the City’s non-potable water system is highly recommended for both construction use, as well as for irrigation purposes and for any other uses where non-potable water can be used.
61.63. C&D Requirements: Commercial projects must submit a Construction/Demolition Waste Management Plan to the City for review/approval if they meet the threshold. Once the project is complete, all businesses generating 4 cubic yards of waste per week must comply with the AB 939 Commercial Recycling requirements. Please contact Xavier Guluarte in Public Works at (209) 895-8068 or [email protected] for further information regarding this item.
62.64. Stormwater quality control devices (SCDs) /Low Impact Development (LID) might be required for this project and must be included as part of the civil improvement plans submitted for the project. All devices shall be designed to prevent pollutants from entering the City’s municipal system or basin. Storm Interceptors are designed to remove garbage/debris, settable and suspended solids from stormwater runoff through gravitational setting and trapping of pollutants. A maintenance plan must be developed to ensure proper maintenance of the storm interceptor. A copy of the maintenance plan shall be submitted to Public Works. If your project is required to install the PostConstruction/LID standards, then a storm interceptor might not be required. Please check with the Project Engineer for determination if Post-Construction/LID standards apply to this project.
63.65. Trash Enclosures be designed and constructed to comply with AB 1383, Commercial Recycling, and Storm Water regulations (not located in proximity of a drain inlet, have covers, have adequate secondary containment, comply with the Health Department requirements, etc.). Trash enclosures should be sized to comply with commercial and organics recycling requirements. If the trash enclosure is being shared with another facility, the trash enclosure must be adequately sized to be able to service more than one facility.
All trash enclosure plans must be reviewed and approved by the City. Contact the City to obtain a copy of the City standard.
64.66. All Commercial and Industrial business who generate 4-cubic yard or more of commercial solid waste per week, are required by state law (AB 341) sign up for commercial solid waste services, as well as implementing its own commercial recycling program. Commonly known as “dumpsters,” front-load containers are the most used waste collection receptacle throughout the city for non-residential, commercial waste collection.
With this service, one or more 2-, 4-, 6- or 8-cubic-yard containers are placed at places of business in a location that is easily accessible and safe for cleanup crews and wastegeneration areas, as well as the garbage trucks and its drivers. Waste must be placed within the container and will be serviced at a minimum of once a week. However, if you’re waste generation calls for more frequent visits or a larger container, we will do whatever it takes to service your needs. Please call (209) 895-8040 to sign up for the appropriate service for your business. **Adequate trash enclosure will be required to allow for commercial recycling. All trash enclosures must be constructed to City Standards.
To receive garbage service via Bertolotti Disposal, Inc, the City's franchised garbage collector, please call (209) 895-8040 to sign up. All residential homes are going to receive three (3) 90-gallon toters. The black totter is to be used for regular waste, the blue totter for recyclable materials such as cardboard, cans, plastic bottles, etc. and the green totter for organic and food waste.
65.67. Submit plans to the City Engineer for off-site public improvements and landscape plans for review and approval. Any work on the City’s right-of-way requires a City Encroachment Permit. Please contact Public Works at (209) 895-8060 for further information regarding this item.
66.68. If construction water will be obtained from the City’s Fire Hydrant(s), a Fire Hydrant Use Permit Application must be submitted and approved by the Public Works Department.
Fees, Deposits, and Water Rates are listed on the application.
67.69. All construction activities for single family residential, commercial, and industrial projects require an Encroachment Permit from the Public Works Department. The Public Works Department will conduct a pre-inspection/post-inspection to ensure that damage caused during construction activities is addressed. Any damage that occurs will be the sole responsibility of the Developer/Contractor to repair.
68.70. All pre-existing sewer laterals and storm drain lines should be video inspected to ensure that the lines are clear of any debris and that they are not damaged.
69.71. Street Trees may need to be installed or replaced per City Standards and a street tree deposit posted with the City of Patterson, per City Standard Detail (Section 3 – Drawing 3- W). All street tree types must comply with the City’s Approved Street Tree Plan. The landscape plan calls for London Plane species, however the City is phasing this species out.
Please make sure to contact Public Works at (209) 895-8060 to the species information.
70.72. All facilities must be connected to the City’s municipal system for water, sewer and storm and be signed up for services prior to being in operation. This also includes Garbage Services. The City currently has a 7-year Contract with Bartolutti Disposal (Effective July 1, 2014) which grants an exclusive “Commercial & Residential Solid Waste Franchise” for Garbage Services. Please contact the City’s Finance Department at (209) 895-8040 to sign up for utility services or for any questions.
71.73. A SWPPP Inspection Deposit account shall be established with the City to cover the City’s time to perform SWPPP monitoring/Inspections for the duration of the project. The City’s current Storm Water Management Hourly fee, and every inspection is billed by the hour.
Fire
72.74. Fire lanes and access roads must be installed prior to construction of the first building to the satisfaction of the Fire Chief and the Public Works Department
73.75. All fire lanes shall be posted and enforced, per Police Department and Fire Department guidelines.
74.76. Prior to placement of lumber or other combustible materials on the site, the domestic water system, including fire hydrants, shall be installed and tested and all-weather roads shall allow access to all areas of the site, per Fire Department and Public Works Department standards.
75.77. Prior to concrete pour inspection, compaction tests are required for all footings.
76. Electrical conduit shall have a separate ground wire installed.
78. 77.79. Improvements required for project development will include street paving, curb, gutter, street lights, sidewalks, landscaping, the required utilities, grading and drainage.
78.80. Prior to approval of grading and improvement plans, the applicant shall enter into an agreement with the City for inspection of said improvements.
79.81. Fire hydrants shall be installed along all public streets and on site with intervals and placement subject to approval of the Fire Chief.
80.82. All buildings shall be uniformly numbered with numbers visible from the street and internally illuminated, consistent with California Building and Fire Code requirement Formatted: Outline numbered + Level: 1 + Numbering
Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Tab stops:
0.25", Left
81.83. All new construction shall meet the requirements of the City Fire Department, as they relate to fire issues.
82.84. All dwelling units shall utilize non-combustible roofing materials.
Other
83.85. At the time of Public Improvement Plan review, plans shall be submitted to all applicable public utility companies for review. Comments from the utilities regarding required easements, transformer locations, etc. shall be forwarded to Engineering Department for review and approval.
84.86. Prior to building permit issuance for any dwelling, the developer shall demonstrate to the City full compliance with the provisions of Government Code Section 65995 et seq. as amended by the Leroy R. Greene School Facilities Act of 1998.
85.87. The developer shall offer to dedicate to the City land for parks in the size and location as generally illustrated in the Master Plan, as may be amended by these conditions, and as described in the Development Agreement. Said offers of dedication shall be required to be recorded concurrent with the recordation of final tract maps which encompass, or are adjacent to, a park site.
86.88. Final park plans shall be approved by the City Engineer prior to construction and shall be consistent with the City of Patterson Park Design Guidelines & Standards as amended.
87.89. All on-site utilities shall be underground. All existing overhead utilities adjacent to the property or within the property shall be placed underground by the applicable phase prior to issuance of building permits for that phase. All utility boxes including electrical, telephone, cable T.V., etc., shall be underground.
88. The developer is to be responsible for all damage to existing and new telephone facilities caused by workers or subcontractors under the direction of the developer.
90. 89.91. All new telecommunications facilities shall be underground except where indicated by the telephone company upon engineering of the development.
90.92. All water, gas, sewer, underground electrical power, cable T.V., or telephone lines, or conduits, or underground drain lines shall be installed before any paving is placed. Utility stub connections to property boundaries of each lot may be omitted only with the express and written permission of the City Engineer.
91.93. The developer shall install adequately sized utility services and laterals, if appropriate, to each lot prior to final acceptance of tract improvements by phase.
Formatted: Outline numbered + Level: 1 + Numbering
Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Tab stops:
0.25", Left
92.94. Except as the utility companies may otherwise agree, the developer shall provide cable T.V., without charge, the reasonable opportunity to utilize and jointly occupy for the same purpose and trench provided by the developer to a utility for the purpose of connecting the utility to service the development.