AVAILABLE FOR REVIEW 72 HOURS
PRIOR TO THE CITY COUNCIL MEETING
AT THE SANGER LIBRARY, CITY CLERK’S
OFFICE AND THE SANGER CITY HALL
LOBBY.
AGENDA
SANGER CITY COUNCIL REGULAR MEETING
THURSDAY, OCTOBER 2, 2025
6:00 PM
COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well.
The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.
Conflicts of Interest. Council Members are required to disclose conflicts of interests and recuse themselves.
Prior to action by the Council on any item on this agenda, the public may comment on that item.
A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
D. P
RESENTATIONS
-
Fresno Chaffee Zoo Presentation-Amy Avery & Sean den Bok E. P
UBLIC FORUM
(This portion of the meeting is reserved for members of the public who wish to address the Council on any matter not listed on the agenda and within the subject matter jurisdiction of the City Council. Each speaker is limited to three minutes. Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Council Member or member of the staff. Speakers are asked, but not required, to state their name and address. The Council is prohibited by law from taking action on items not on the agenda.)
1 City Council Agenda
October 2, 2025
F. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.)
1. SUBJECT: Minutes of Regular Council Meeting and Special Meeting held on September 18, 2025
RECOMMENDATION: That the City Council approve.
2. S
UBJECT: Receipt of Update on Emergency Repairs at Wastewater Treatment Plant Pursuant to Resolution No. 2025-75 and Request to Continue Declaration of Em
ergency
RECOM
MENDATION: That the City Council adopt Resolution 2025-79 continuing the Declaration of Emergency and receive the report from City Manager Regarding Emergency repairs at Wastewater Treatment Plant per Resolution No. 2025-75.
G. P
UBLIC HEARING
ITEM G-1- To be Continued on October 16, 2025 -Council Meeting
1. S
UBJECT: Adoption of Initial Study/Mitigated Negative Declaration (IS/MND), approval of General Plan Amendment No. 2024 -01 (G PA 2024-01) and Zoning Ordinance Map Amendment No. 2024- 05 (ZOA 2024- 05), and initiation of Annexation No. 2024-01 (ANX 2024-01) for Tract 6493.
REC
OMMENDATION: That the City Council:
a. Adopt a Resolution approving the Mitigated Negative Declaration prepared for the Project (SCH No. 2025061144) and the Mitigation, Monitoring, and Reporting Program (MMRP), and approving GPA 2024-01, changing the General Plan Land Use Designation of approximately 14.27 acres within the Project area from Park and Open Space to Medium Density Residential
b. Waive the full reading and adopt, by title only, Ordinance No. 2025-07 an ordinance of the City Council of the City of Sanger approving Zoning Ordinance Map Amendment No. 2024-05 for pre-annexation zoning of two parcels from Fresno County’s AE-20 (Exclusive Agriculture) to the City’s R-1-6 (Single Family Residential District) and RSC (Recreation, School, and Conservation) zone districts for two parcels of approximately 78.34 acres generally located on the northwest corner of Indianola Avenue and North Avenue (APNS 322-020-18S and 322-020- 08)
c. Adopt a resolution approving ANX 2024- 01, directing staff to initiate annexation proceedings of the Project area with Fresno LAFCo. 2 City Council Agenda
October 2, 2025
2. SUBJECT: Consideration of Ordinance Repealing Article VII and Adding Article VIII of Chapter 38 of the Sanger City Code Relating to Unauthorized C
amping, Sleeping, and Storage of Personal Property on Public Property.
RE
COMMENDATION: That the City Council:
a) Waive the full reading and adopt, by title only, Ordinance 2025-XX, and an ordinance by the City Council of the City of Sanger, California repealing Article VII of Chapter 38 of the Sanger City Code and adding Article VIII relating to unauthorized camping, sleeping, and storage of personal property on public property.
.
H. CITY MANAGER/STAFF COMMUNICATION
I. REPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS (This portion of the meeting is reserved for the Mayor and Council M embers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, and to initiate new agenda items. Under this section, the Council may take action only on any items specifically agenized and which meet other requirements for action.)
J. ADJOURNMENT
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated thi s 26th day of September 2025.
Lina Martinez, City Clerk
3 City Council Agenda
October 2, 2025
ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reasonable Accommodation Policy which is available on the City website at www.ci.sanger.ca.us or upon request by emailing the City Clerk at [email protected]. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please email the City Clerk or call by phone at (559) 876 -6300 extension 1350 so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation.
TRANSLATION SERVICES. Translation services in Spanish will be provided upon request.
NOTICE OF A V AILABILITY OF AGENDA DOCUMENTS . Writings related to the agenda are available at Sanger City Hall, 1700 7 th Street, Sanger, CA 93657 and are posted online at www.ci.sanger.ca.us. Writings provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.
4 Minutes for Regular Council Meeting
TH
URSDAY, SEPTEMBER 18, 2025
6:00 PM
COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
A. CALL TO ORDER
Th
e City Council called their meeting to order at 6:01 pm.
B. OPENING CEREMONIES
Th
e invocation was offered by Pastor Jessica Guerra.
Th
e flag salute was led by Mayor Frank Gonzalez.
Ro
ll Call:
Pr
esent: Mayor Frank Gonzalez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez
Absent: Mayor Pro Tem Daniel Martinez,
-May
or Pro Tem Daniel Martinez arrived at 6:14 p.m.
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
The
Council by motion of Council Member Michael Montelongo approved the agenda as posted.
The motion was seconded by Council Member Hurtado and approved by the following vote:
AYE
S: GONZALEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ
D. CER
EMONIAL MATTERS
-Introduction of new Fire Department staff
Firefighters Marco Aldaz, Lindsay Castellanos, Garrett Salazar, Leonardo Zepeda and EMT Lyndsee Little.
F-1
5 City Council Meeting Minutes
September 18, 2025
E. PRESENTATIONS
-VROP Urban/Rural Firefighter Program by Superintendent Fabrizio Lofaro and Captain (ret.) Rory Smith
F. PUBLIC FORUM
F
ive members of the public spoke.
G. C
ONSENT CALENDAR
Resident Rubio pulled item G-6
Resident Rocha pulled item G-12
B
y motion of Council Member Montelongo, the Council approved all Consent Calendar Items with the exception of item G-6 and G-12. The motion was seconded by Council Member Melendez and passed by the following vote:
AY
ES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
-M
ayor Pro Tem Martinez, recused himself from voting on item G-7. - Attorney Shannon Chaffin, recused himself from advising on item G-10.
1. SUBJECT: APPROVED-Minutes of Regular Council Meeting and Special Meeting held on September 4, 2025
2. S
UBJECT: APPROVED-Warrants including Check Nos. 95241 through 95461 for the month of August 2025.
3. S
UBJECT: APPROVED-Payroll for payroll for the month of August, including Direct Deposit Nos. 67340 through 67733; Payroll check Nos. 60491 through 60593; and Benefit Check Nos. 2134 through 2145.
4. S
UBJECT: APPROVED-Fire Department Monthly Report-August 2025
5. S
UBJECT: APPROVED-Police Department Monthly Report-August 2025
7. S
UBJECT: APPROVED-To Accept Grant Funds from the San Joaquin Valley Air Pollution Control District
-
Mayor Pro Tem Martinez, recused himself from voting on item G-7.
8. S
UBJECT: APPROVED-Agreement between City and Valley ROP for training of EMT Students
6 City Council Meeting Minutes
September 18, 2025
9. SUBJECT: APPROVED-Approval of a First Amendment to the Contractor’s Agreement with VIS for Sanger Sewer System Maintenance and Repairs .
10. SUBJECT: APPROVED-City Attorney Legal Services
11. SUBJECT: APPROVED-Emergency Facilities and Land Use Agreement – Garnet Fire
Item G-6
6. SUBJECT: APPROVED-Receipt of U pdate on Emergency Repairs at Wastewater Treatment Plant Pursuant to Resolution No. 2025-72 and Request to Continue Declaration of Emergency
Public Comment
None
The Council by motion of Mayor Pro Tem Martinez approved item G-6. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item G-12
12. SUBJECT: APPROVED-Bethel & Almond Traffic Signal – Federal Project No. CML-5197(043) Contract Award
Public Comment
None
The Council by motion of Council Member Montelongo approved item G-12. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
7 City Council Meeting Minutes
September 18, 2025
H. DEPARTMENT REPORT
1. SUBJECT: APPROVED-Appointment to the Citizens Oversight Committee – Measure R
Public Comment
None
The Council by motion of Council Member Melendez approved of the appointment of Lyn Anderson to the Citizens Oversight Committee. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
2. SUBJECT: 5-Year Capital Improvement Plan
-This is an informational Item Only.
I. PUBLIC HEARING
1. SUBJECT: CONTINUED-Proposing an amendment to the Sanger City Code repealing Sections 70-64 through 70-78 of Article III, Chapter 70, and adding Article V to Chapter 18 relating to mobile food vendors on the City.
Public Comment
Four members of the public spoke.
The Council by motion of Council Member Montelongo to continue this item until October 16, 2025 council meeting and to direct City Attorney to give confidential list of options on pop ups and ‘Lemonade Stand” exception. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
8 City Council Meeting Minutes
September 18, 2025
J. CITY MANAGER/STAFF COMMUNICATION
Updates were given by City Manager, Nathan Olson.
K. REPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS
Updates were given Mayor Pro Tem Martinez, Council Member Hurtado, Council Member Montelongo, Council Member Melendez and Mayor Gonzalez
L. ADJOURNMENT
Being no further business, the Council adjourned their meeting at 8:10 pm.
Attest:
Lina Martinez, City Clerk
9 Prepared by: Raymond Martin____ Approved by: _____________________
REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X__ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: October 2, 2025
Agenda Item No.: F-2
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council M embers
From: Nathan Olson, City Manager
Subject: Receipt of Update on Emergency Repairs at Wastewater Treatment Plant Pursuant to Resolution No. 2025-75 and Request to Continue Declaration of Emergency
Attachments:
1. Resolution No. 2025-75 and Resolution No. 2025-79
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommend that the City Council r eceive Report from City Manager Regarding Emergency Repairs at Wastewater Treatment Plant per Resolution No. 2025-75 and adopt Resolution 2025- 79 Continuing the Declaration of Emergency.
EXECUTIVE SUMMARY:
The purpose of this staff report is to provide an updated status on the emergency repairs initiated under the Determination of Emergency to address the Sanger Domestic/Industrial Wastewater Treatment Facility (WWTF). This report summarizes the progress made, challenges encountered, and financial implications of the ongoing repair efforts. Based on the status and projected needs, it is recommended to continue with emergency actions under Resolution No. 2025-75 to ensure timely and effective completion of the repairs.
Reports on actions taken and status of the emergency will continue to be made at each regular meeting of the City Council.
10 B
ACKGROUND:
• July 18, 2024: City Manager Nathan Olson (as the Director of Emergency Services) declared an emergency at the Sanger Domestic/Industrial Wastewater Treatment Facility, requiring emergency repairs. Immediate emergency repairs were identified for the WWTF Digester, the Industrial/Domestic Headworks, and WWTF Bypass Pump. Reference Resolution 2024-48.
• A
ugust 2024: Repairs commenced, starting with the cleaning of the Digester, followed by work on the Industrial Headworks. The Digester was cleaned out, and its valves were replaced. • November 21, 2024: City Council reviewed and ratified agreements with Rockeez and VIS for work on the Industrial Headworks and cross-contamination emergency repairs. A new bypass pump was installed during this time to correct cross-contamination issues after the thickening clarifier. • December 2024: Repairs on the Industrial Headworks were completed, including epoxy coating, installation of a new line, concrete pit repairs, and valve replacements. Work immediately began on the Domestic Headworks.
• Early 2025: Domestic Headworks received attention due to debris buildup caused by a malfunctioning Bar Screen. The Bar Screen was under warranty; parts were ordered and fixed. • January 16, 2025 : City Council renewed the proclamation of emergency to address additional contracts required for completing emergency repairs. This renewal emphasized the necessity for continued immediate repairs without formal competitive requirements. Reference Resolution 2025-03. • March 20, 2025: City Council reviewed and ratified the agreement with Rockeez for Domestic Headworks repairs. Work began on the Primary Effluent Pump Chambers related to the clarifiers. • April 17, 2025: City Council renewed the proclamation of emergency to address additional contracts required for completing emergency repairs. This renewal emphasized the necessity for continued immediate repairs without formal competitive requirements. Reference Resolution 2025-28. • A
pril 17, 2025: Work on the Primary Effluent Pump Chambers was completed in early April. City Council reviewed and ratified the agreement with Rockeez for the Primary Effluent Pump Chambers. Reference Resolution 2025-29.
• May 15, 2025: City Council renewed the proclamation of emergency to address additional contracts required for completing emergency repairs. This renewal emphasized the necessity for continued immediate repairs without formal competitive requirements. Reference Resolution 2025-
35. • M
ay 2025: Clarifiers are being prepped for their extensive rehab and epoxy coatings. Distribution box #7 was rehabbed and epoxied.
• Ju
ne 2025: VIS spearheaded a free testing and demonstration of new sealant technology on the decayed lines of the Wastewater Treatment Facility to promising results. A contract with Telstar for Scada repairs and upgrades is in review.
• June 27, 2025: City Council renewed the proclamation of emergency to address additional contracts required for completing emergency repairs and approved a budget amendment to the 2024/25 fiscal year appropriating $800,000 in funds for the Wastewater Treatment Facility emergency repairs . The renewal emphasized the n
ecessity for continued immediate repairs without formal competitive requirements. Reference Resolution 2025-43.
• July 17, 2025: City Council renewed the proclamation of emergency to address additional contracts required for completing emergency repairs. The renewal emphasized the necessity for continued immediate repairs without formal competitive requirements. Reference Resolution 2025-
55. • Ju
ly/August 2025: Repairs are underway on Clarifier #2, which has also received extensive coating with Mainstay for enhanced durability. Preparations have begun for the Digester rehabilitation project, a comprehensive effort expected to span over 30 days. The scope includes mechanical repairs, replacement of 11 various pipes and valves, and application of Mainstay coating to the dome structure. Staff have been meeting with Telstar and are preparing to upgrade the SCADA system. • August 7, 2025: City Council approved the contract with Diamond Weld to construct a new Sludge Tank.
This addition is a key component of the broader Digester rehabilitation initiative. • August 21, 2025 : City Council renewed the proclamation of emergency to address additional contracts required for completing emergency repairs. The renewal emphasized the necessity for continued immediate repairs without formal competitive requirements. Reference Resolution 2025-70. • August 22, 2025: VIS has initiated cleaning operations on the digester in preparation for the upcoming rehabilitation project. Rockeez has placed orders for the necessary materials, and epoxy application to the digester dome is expected to last approximately five weeks, marking a key phase in completing the digester rehabilitation effort.
• September 4, 2025: City Council renewed the proclamation of emergency. The renewal emphasized the necessity for continued immediate repairs without formal competitive requirements. Reference Resolution 2025-72.
• September 18, 2025 : Diamond Weld Industries met with the City and went over scope to demolition the existing sludge tank and fabricate a new one on site. Work is scheduled to begin September 29,2025 and will last approximately 3 weeks. VIS finalized their cleaning operations of the Digester. Rockeez began the process of repairing and replacing piping, valves and gauges on the Digester as well as mobilizing for the Digester Dome rehab project. Clarifier #2 warranty work commenced and is scheduled for completion September 21 & 22, 2025. City Council renewed the proclamation of emergency. The renewal emphasized the necessity for continued immediate repairs without formal competitive requirements. Reference Resolution 2025-75.
• September 19, 2025: Clarifier #2 was reinforced with a chicken wire concrete bottom and then Mainstay coating was applied. The Mainstay has cured, and the mechanicals components and arms will be reinstalled 9/23. Ongoing repair and replacing of piping, valves and gauges on the Digester. Several parts on order and completion date depended on the arrival of said parts.
Note: Due to the age and condition of existing infrastructure at the Wastewater Treatment Facility, additional deficiencies may be identified as work progresses. As such, all dates and milestones are subject to revision in response to emerging operational needs, safety considerations, or unforeseen complications.
REASON FOR RECOMMENDATION:
These emergency repairs are critical to ensure the protection of health, safety, and welfare of City residents and to protect the Wastewater Treatment Facilities. The City’s Domestic and Industrial Wastewater 12 Treatment Plant are still undergoing critical maintenance and repair. Remaining tasks include cleaning, inspecting, repairing, and applying new epoxy to anaerobic digester, clarifiers and the thickener, inspecting, repairing, and replacing the decayed lines leading from Headworks as well as refurbishing. Additionally, as repair and maintenance efforts progress, previously unanticipated deficiencies and infrastructure issues have continued to emerge, necessitating immediate attention to prevent further system degradation and ensure uninterrupted plant operations.
FISCAL IMPACT:
The exact fiscal impact is not fully known at this time as the work is being performed on a Time and Material basis due to the time sensitivity, but Staff will provide an updated budget for the project at further upcoming Council meetings.
Any additional costs for more repairs and materials will be brought back to City Council and addressed appropriately. The costs will be funded from Sewer Enterprise funds.
ALTERNATIVES:
No recommended alternatives. Until all repairs and maintenance are done, the Wastewater Treatment Plant remains non-compliant.
ACTIONS FOLLOWING APPROVAL:
Per the Resolution, Staff will provide Council updates and seek ratification of any contracts at those meetings. 13 AT
TACHMENT 1
14 RESOLUTION NO. 2025-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER CONTINUING
THE DECLARATION PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
REGARDING THE SANGER DOMESTIC WASTEWATER TREATMENT FACILITY
AND THE INDUSTRIAL WASTEWATER TREATMENT FACILITY
WHEREAS, the City of Sanger operates the Sanger Domestic Wastewater Treatment Facility and the Industrial Wastewater Treatment Facility (hereafter "Domestic and Industrial Wastewater Facilities"; and
WHEREAS, the City Manager to serve as the Director of Emergency Services issued a proclamation of local emergency for emergency repairs, which included (but is not limited to) the following: Digester repairs as needed after inspection; repairs as needed to the domestic headworks including epoxy coating to headwork; draining and inspection of all clarifiers; as well as repairing mechanical components and epoxy coating to clarifiers, and inspecting, repairing, and replacing the decayed lines leading from Headworks as well as refurbishing.; and WHEREAS, the City Council approved and renewed the Director of Emergency Services' determination on September 4,2025, pursuant to Resolution No. 2025-72; and WHEREAS, the City Council has regularly received reports regarding the emergency and reviewed the need for continuing the local emergency and intended for the same; and WHEREAS, the City Manager requests that the City Council continue the declaration of a state of local emergency for the City as impacts regarding emergency repairs to the wastewater treatment facility continue to be evaluated, repaired, and or mitigated; and WHEREAS, the existing SCADA system needs upgrading, and the status of the needed repairs include cleaning, inspecting, repairing, and applying new epoxy to anaerobic digester, clarifiers and the thickener, inspecting, repairing, and replacing the decayed lines leading from Headworks as well as refurbishing; and
WHEREAS, there is a need to continue the emergency for purposes of procurement to ensure the City is able to procure the necessary equipment, services, and supplies for those pu{poses, without giving notice for bids to let contracts.
WHEREAS, the City Council desires to continue the duration of the declaration of emergency as there is a need for the same as set forth above.
NOW, THEREFORE the City Council resolves as follows:
Section 1. The recitals herein are incorporated herein by reference.
Section 2. The City Council has reviewed the need for continuing the local emergency and finds that the state of emergency conditions related to the Domestic and Industrial Wastewater 15 Facilities are ongoing and are recognized as an imminent threat to our citizens. In accordance with Public Contracts Code Section22050 and Sanger City Code Section 2-206 (h), the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. As such, the City Council extends and continues the declaration of a local emergency regarding the Domestic Wastewater Treatment Facility and the Industrial Wastewater Treatment Facility.
Section 3. The emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
Section 4. Per Public Contract Code Section 22050 (c ) (1) the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated.
Section 5. This Resolution shall become effective upon adoption.
The foregoing Resolution was considered by the City Council for the City of Sanger at a regular meeting of said Council held on the 18th day of September 2025, and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
ATTEST:
Lina Martinez, City Clerk
16 RESOLUTION NO. 2025-79
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER CONTINUING
THE DECLARATION PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
REGARDING THE SANGER DOMESTIC WASTEWATER TREATMENT FACILITY
AND THE INDUSTRIAL WASTEWATER TREATMENT FACILITY
W
HEREAS, the City of Sanger operates the Sanger Domestic Wastewater Treatment Facility and the Industrial Wastewater Treatment Facility (hereafter “Domestic and Industrial Wastewater Facilities”; and
W
HEREAS, the City Manager to serve as the Director of Emergency Services issued a proclamation of local emergency for emergency repairs, which included (but is not limited to) the following: Digester repairs as needed after inspection; repairs as needed to the domestic headworks including epoxy coating to headwork; draining and inspection of all clarifiers; as well as repairing mechanical components and epoxy coating to clarifiers, and inspecting, repairing, and replacing the decayed lines leading from Headworks as well as refurbishing.; and W
HEREAS, the City Council approved and renewed the Director of Emergency Services’ determination on September 18, 2025, pursuant to Resolution No. 2025-75; and
WHEREAS, the City Council has regularly received reports regarding the emergency and reviewed the need for continuing the local emergency and intended for the same; and WH
EREAS, the City Manager requests that the City Council continue the declaration of a state of local emergency for the City as impacts regarding emergency repairs to the wastewater treatment facility continue to be evaluated, repaired, and or mitigated; and W
HEREAS, the existing SCADA system needs upgrading, and the status of the needed repairs include cleaning, inspecting, repairing, and applying new epoxy to anaerobic digester, clarifiers and the thickener, inspecting, repairing, and replacing the decayed lines leading from Headworks as well as refurbishing; and
W
HEREAS, there is a need to continue the emergency for purposes of procurement to ensure the City is able to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
WHEREAS, the City Council desires to continue the duration of the declaration of emergency as there is a need for the same as set forth above.
NOW
, THEREFORE the City Council resolves as follows:
S
ection 1. The recitals herein are incorporated herein by reference.
S
ection 2. The City Council has reviewed the need for continuing the local emergency and finds that the state of emergency conditions related to the Domestic and Industrial Wastewater 17 Facilities are ongoing and are recognized as an imminent threat to our citizens. In accordance with Public Contracts Code Section 22050 and Sanger City Code Section 2-206 (h), the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. As such, the City Council extends and continues the declaration of a local emergency regarding the Domestic Wastewater Treatment Facility and the Industrial Wastewater Treatment Facility.
Section 3. T he emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
Section 4. Per Public Contract Code Section 22050 (c ) (1) the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated.
Section 5. This Resolution shall become effective upon adoption.
The foregoing Resolution was considered by the City Council for the City of Sanger at a regular meeting of said Council held on the 2
nd day of October 2025, and approved by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Lina Martinez, City Clerk
18 Prepared by: Ethan Davis Approved by:
REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent
Informational Item
X Action Item
Department Report
X Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
For the Meeting of: October 2, 2025
Agenda Item No.: G-1
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Ethan Davis, Contract City Planner
Subject: Adoption of Initial Study/Mitigated Negative Declaration (IS/MND), approval of General Plan Amendment No. 2024- 01 (GPA 2024-01) and Zoning Ordinance Map Amendment No. 2024-05 (ZOA 2024-05), and initiation of Annexation No. 2024-01 (ANX 2024-01) for Tract 6493.
Attachments:
1. City Council Resolution No. 2025-80 Approving Initial Study/Mitigated Negative Declaration Plan and Mitigation Monitoring Program prepared for Tract 6493, and General Plan Amendment No. 2024-01.
2. City Council Ordinance No. 2025-07 approving Zoning Ordinance Amendment No. 2024-05 (Prezoning).
3. City Council Resolution No. 2025-81 initiating the Annexation of 78 acres.
4. Tentative Map for Tract 6493.
5. Agency Comments.
6. Tentative Map Conditions of Approval.
7. Initial Study/Mitigated Negative Declaration
CONFLICT OF INTEREST:
There are no known conflicts of interest.
RECOMMENDATION:
Staff Recommends that City Council:
a. Adopt a Resolution approving the Mitigated Negative Declaration prepared for the Project (SCH No. 2025061144) and the Mitigation, Monitoring, and Reporting Program (MMRP), and approving GPA 2024- 01, changing the General Plan Land Use Designation of approximately 14.27 acres within the Project area from Park and Open Space to Medium Density Residential
b. Waive the full reading and adopt, by title only, Ordinance No. 2025-XX an ordinance of the City Council of the City of Sanger approving Zoning Ordinance Map Amendment 19 01484.0001 2044644.1
N
o. 2024-05 for pre-annexation zoning of two parcels from Fresno County’s AE -20 (Exclusive Agriculture) to the City’s R-1-6 (Single Family Residential District) and RSC (Recreation, School, and Conservation) zone districts for two parcels of approximately
78.34 acres generally located on the northwest corner of Indianola Avenue and North Avenue (APNS 322-020-18S and 322-020-08)
c. Adopt a resolution a pproving ANX 2024 -01, directing staff to initiate annexation proceedings of the Project area with Fresno LAFCo
E
XECUTIVE SUMMARY:
Tract 6493 proposes a 530- unit single family residential subdivision located on the northeast corner of Indianola Avenue and North Avenue. The project is proposed on two parcels, APNs 322-020- 18S (58.34 acres) and 322-020-08 (20 acres). The development proposes two phases: phase 1 as includes 269 units and a 3.23-park, phase 2 will include development of the remaining 261 units for a total of 530. The Project requires a number of different entitlements to be approved at the discretion of the City Council. The ordinance was previously introduced by the City Council.
P
ROJECT BACKGROUND:
A
nnexation 2024-01:
The Project is located outside of City Limits, on the northeast corner of the Indianola Avenue alignment and North Avenue. Per the Memorandum of Understanding between the City and County, specific procedures must be taken to in order to change jurisdiction of property from County to City. The Fresno Local Agency Format ion Commission (Fresno LAFCo) is the authority in decisions on change of organization boundaries (City Limits), including annexations. The first step in this process is initiation of annexation by the City via resolution directing staff to proceed with application to LAFCo. This resolution of initiation is recommended by the Planning Commission to the City Council for approval. The Planning Commission’s recommendation to approve ANX 2024- 01 will be made by adoption of Resolution 2025-
05. Z
oning Ordinance Amendment 2024-05:
The Project is currently located outside City Limits and is under the jurisdiction of Fresno County zoning regulations. The existing zone district is County AE -20, Exclusive Agricultural with 20- acre minimum property size. In order to approve entitlements authorizing the development (CUP 2024-01 and TTM 2024- 01) and move forward with annexation proceedings with LAFCo, the property must be rezoned to the appropriate City district. The rezone will be effective upon completing the annexation process with LAFCo, therefore it is referred to as a pre-annexation rezone.
T
he General Plan Land Use of Residential – Medium Density has multiple zone districts that are consistent with the use. As proposed, the R -1-6, Single Family Residential district is the most appropriate consistent district for areas within the Project to b e developed with single family units. The other Land Use is Park and Open Space, which the RSC, Resource, School, and Conservation district is appropriate consistent district. This will be the district within the Project for the proposed 3.23-acre park developed as part of the first phase. The Planning Commission recommended that the City Council approve ZOA 2024- 05 by adopting Resolution 2025-81.
20 01484.0001 2044644.1
General Plan Amendment 2024-01:
The existing General Plan Land Use designates approximately 17.5 acres of Park/Open Space within the 78-acre Project area. The remaining 60.5 acres of the Project area is designated as Residential – Medium Density. GPA 2024- 01 proposes to amend the Land Use Designation within the Project area, changing
14.27 acres of Park/Open Space to Residential – Medium Density. This would result in a total 74.77 acres of Residential – Medium Density and 3.23 acres of Park/Open Space within the Project area.
The 2035 Sanger General Plan requires parks be dedicated by developers at a ratio of 3 acres per 1,000 residents, with 3.67 persons being expected per dwelling unit. The General Plan also allows a reduction in the acreage dedication requirement if they imp rove the park space with landscape and playground equipment equal to the value of the difference in acreage. It also requires a fee to be paid in lieu of land dedication. See excerpt from the Parks and Recreation Element below, page 4-13:
The Project proposes 530 units, so the expected population generated after full buildout of both phases would be 1,945 persons requiring approximately 5.8 acres of park space to be dedicated. This would leave a difference of 2.57 acres requiring in- lieu fe es be paid to the City for purchase of future park space.
However, as mentioned above, the developer may improve the park of equivalent value equal to the difference in acreage. It is anticipated the cost of improving the park will be greater than the valu e of the difference in acreage dedication. Therefore, the developer may be eligible for parks and recreation development impact fee credit or reimbursement. Park improvements are required to be completed in phase 21 01484.0001 2044644.1
1 as indicated in the attached conditions of approval.
The redesignated 14.27 acres of Park/Open Space will be dedicated elsewhere within the Sphere of Influence/City Limits as part of the Parks and Recreation Master Plan update. The development of a regional serving 10-acre park is currently under construction within Tract 6431 (San Joaquin Valley Homes) and located less than a mile away from the Project area on the northeast corner of Muscat Avenue and North Avenue. The location of Park/Open Space designation outside the City Limits are intended as placeholders to serve the larger area, being distributed and developed as the City grows. City staff is currently contracted and actively working with a consultant to prepare the Master Plan update, which includes a land use component further refining locations where Park/Open Space land uses are needed.
ENVIRONMENTAL ANALYSIS
The City, as the Lead Agency, has prepared an initial study and is recommending a Mitigated Negative Declaration be adopted for the Project. The Project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substance Statement required under subdivision (f) of that Section. Additionally, the proposed Project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines.
Finally, with the mitigation impose d, there is no substantial evidence in the record that this Project may have any direct, indirect or cumulative effects on the environment that are significant.
REASON FOR RECOMMENDATION:
Adopting the two resolutions and the ordinance allows Annexation No. 2024-01 (ANX 2024 -01), General Plan Amendment No. 2024-01 (GPA 2024-01), Zoning Ordinance Map Amendment No. 2024- 05 (ZOA 2024 -05) provides the final planning approvals to annex the site into the City limits and facilitate the development of 530 single family homes.
FISCAL IMPACT:
No fiscal impact.
22 01484.0001 2044644.1
AL
TERNATIVES:
T
he City Council may choose not to adopt the two resolutions and the ordinance. If so, staff requests the Council provide direction on next steps.
ACT
IONS FOLLOWING APPROVAL:
T
he General Plan Land Use Map and the Zoning Map will be revised to reflect these decisions. Staff will submit the annexation resolution to Fresno LAFCo. If introduced at this meeting, the Ordinance will be placed on the next regular meeting’s agenda for adoption. 23 RESOLUTION NO. 2025-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
APPROVING INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PLAN
AND MITIGATION MONITORING PROGRAM (MMRP) PREPARED FOR
TRACT 6493, GENERAL PLAN AMENDMENT NO. 2024-01; ZONING
ORDINANCE AMENDMENT NO. 2024-05; ANNEXATION NO. 2024-01,
GENERALLY LOCATED ON THE NORTHEAST CORNER OF NORTH
AVENUE AND INDIANOLA AVENUE, SOUTH OF ANNADALE AVENUE
(ASSESSORS PARCEL NUMBERS 322-020-18S AND 322-020-08)
WHEREAS, Ara Chekerdemian (Lennar Homes of California, LLC), on behalf of property owner G4 Properties, LTD (“Applicant”), submitted applications to the City for initiation of annexation (Annexation No. 2024-01, ANX 2024-01), general plan amendment (General Plan Amendment No. 2024- 01, GPA 2024-01), and pre- zoning (Zoning Ordinance Amendment No. 2024- 05, ZOA 2024-05), cumulatively referred to as the “Project”, to subdivide approximately 78 acres generally located south of Annadale Avenue, east of Indianola Avenue, and north of North Ave (APNs 322-020-18S and 322-020- 08); and
WHEREAS, the Project proposes a 530-unit, single family development on 78 acres in the Sphere of Influence of the City of Sanger; and
WHEREAS, the Project includes application GPA 2024-01, to redesignate the General Plan Land Use of 14.27 acres currently designated as Park/Open Space Land Use to Residential – Medium Density Land Use; and
WHEREAS, the Project includes application ZOA 2024- 01, to pre -zone the Project area in anticipation of annexation, from the existing Fresno County Zone District AE-20 (Exclusive Agricultural, 20 acre minimum) to the City of Sanger R -1-6 (Single Family Residential) for 74.77 acres of the Project area and RSC (Resource, School, and Conservation) for 3.23 acres of the Project area, consistent with the Land Use Designation as modified by GPA 2024-01; and
WHEREAS, the Project includes TTM 2024- 01 and CUP 2024- 01, which propose to subdivide the Project area into 530 single family residential units, with a PUD to deviate from development standards of the R-1-6 zone district; and
WHEREAS, the Project is currently within the City’s Sphere of Influence (“SOI”) but outside the City limits, and is required to be annexed into the City before it can be developed to urban uses, and the applicant has submitted application for annexation by ANX 2024-01 to initiate annexation proceedings with the Fresno Local Agency Formation Commission (Fresno LAFCo); and
WHEREAS, California Government Code subdivision 65859 (a) states, a city may pre -zone unincorporated territory to determine the zoning that will apply to that territory upon annexation to that city. The zoning shall become effective at the same time that the annexation becomes effective; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared a Mitigated Negative Declaration (“MND”) as proposed by the environmental assessment for the Project;
24 WHEREAS, the Planning Commission of the City of Sanger did conduct a duly noticed public hearing in the Council Chambers of the Sanger City Hall in Sanger, California, on July 24, 2025, to consider a recommendation of approval to the City Council for ANX 2024- 01, GPA 2024-01, ZOA 2024-05, and the MND prepared for the Project, at which time all interested parties were given an opportunity to be heard and present evidence ; and contingent approval of TTM 2024- 01 and CUP 2024-01, at which time all interested parties were given an opportunity to be heard and present evidence; and
WHEREAS, the City Council now desires to approve the Mitigated Negative Declaration prepared for Tract 6493, and General Plan Amendment 2024-01, .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger as follows:
Section 1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
Section 2. CEQA. The City Council pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed Project, including ANX 2024-01, GPA 2024-01, and ZOA 2024-05, and has prepared a Mitigated Negative Declaration as described above to evaluate the environmental effects of the Project, including development of the proposed tentative map area. The City Council finds that the Project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substance Statement required under subdivision (f) of that Section.
Additionally, the proposed Project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. Finally, with the mitigation imposed, there is no substantial evidence in the record that this Project may have any direct, indirect, or cumulative effects on the environment that are significant.
Section 3. Adoption of MND and Mitigation Monitoring and Reporting Program . Based on the foregoing, the City Council adopt s the Mitigated Negative Declaration prepared for the Project, including the associated Mitigation Monitoring and Reporting Program, with the proposed mitigations the Project will not result in any significant, adverse environmental impacts. The City of Sanger Community Development Department located at 1700 7th Street, Sanger, CA, 93657, is designated as the custodian of the documents and other materials that constitute the record of proceedings upon which the decision is based. The City Councils authorize the Director, or designee, to execute and file with the Fresno County Clerk, as appropriate, a Notice of Determination for approval of the Project.
Section 4. General Plan Findings for GPA 2024-01. The City Council finds that the proposed amendment is consistent with the goals, objectives, and policies of the Sanger General Plan. Specifically, Growth Management Land Use Policy III on Page 2-47 of the General Plan Land Use Element states, “New urban development should occu r in undeveloped properties which are closer to the existing built -up area, or which are in- fill parcels. The Project is proposed adjacent City Limits and existing residential subdivision. The 14.27- acre reduction in Park/Open Space designation proposed by GPA 2024- 01 allows for compact development preventing urban sprawl by increasing the density of residential units. This is supported also by Policy II of Growth Management on Page 2- 46 which 25 states, “Ensure that Sanger’s future growth promotes a compact, contiguous and concentric urban form.” The City Council find s that public necessity, convenience, general welfare, and good practices justify adoption of General Plan Amendment 2024-01 and approval is in the public interest.
S
ection 5. Approval of GPA 2024-01 for Tract 6493. The City Council approve s GPA 2024-01 for specified land use designations identified in Exhibit “A” attached hereto and incorporated herein..
S
ection 6. This Resolution shall become immediately effective upon adoption. * * * *
* * * * * * * * * * *
*
The foregoing was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 2nd day of October 2025, by the following vote:
AYE
S: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
A
TTESTED
L
ina Martinez, City Clerk
26 Exhibit A
Tract 6493 – General Plan Amendment No. 2024-01
27 Exhibit B
Tract 6493 – Zoning Ordinance Amendment No. 2024-05
28 ORDINANCE NO. 2025-07
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER
APPROVING ZONING ORDINANCE MAP AMENDMENT NO. 2024-05
FOR PRE-ANNEXATION ZONING OF TWO PARCELS FROM FRESNO
COUNTY’S AE-20 (EXCLUSIVE AGRICULTURE) TO THE CITY’S R-1- 6 (SINGLE FAMILY RESIDENTIAL DISTRICT) AND RSC
(RECREATION, SCHOOL, AND CONSERVATION) ZONE DISTRICTS
FOR TWO PARCELS OF APPROXIMATELY 78.34 ACRES
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
INDIANOLA AVENUE AND NORTH AVENUE
(APNS 322-020-18S AND 322-020-08)
W
HEREAS, Ara Chekerdemian (Lennar Homes of California, LLC), on behalf of property owner G4 Properties, LTD (“Applicant”), submitted applications to the City for initiation of annexation (Annexation No. 2024-01, ANX 2024-01), General Plan amendment (General Plan Amendment No. 2024- 01, GPA 2024-01), pre-zoning (Zoning Ordinance Amendment No. 2024-05, ZOA 2024-05), cumulatively referred to as the “Project”, to subdivide approximately 78 acres generally located south of Annadale Avenue, east of Indianola Avenue, and north of North Avenue (APNs 322-020-18S and 322-020-08); and W
HEREAS, the Project proposes a 530-unit, single family development on 78.34 acres in the Sphere of Influence of the City of Sanger; and
W
HEREAS, the Project includes application ZOA 2024- 01, to pre -zone the Project area in anticipation of annexation, from the existing Fresno County Zone District AE-20 (Exclusive Agricultural, 20 acre minimum) to the City of Sanger R -1-6 (Single Family Residential) for 74.77 acres of the Project area and RSC (Resource, School, and Conservation) for 3.23 acres of the Project area, consistent with the Land Use Designation as modified by GPA 2024-01; and
W
HEREAS, the Project also includes TTM 2024 -01 and CUP 2024- 01, which propose to subdivide the Project area into 530 single family residential units, with a PUD to deviate from development standards of the R-1-6 zone district; and
W
HEREAS, the Project is currently within the City’s Sphere of Influence (“SOI”) but outside the City limits, and is required to be annexed into the City before it can be developed to urban uses, and the applicant has submitted application for annexation by ANX 2024-01 to initiate annexation proceedings with the Fresno Local Agency Formation Commission (Fresno LAFCo); and W
HEREAS, California Government Code subdivision 65859 (a) states, a city may pre -zone unincorporated territory to determine the zoning that will apply to that territory upon annexation to that city. The zoning shall become effective at the same time that the annexation becomes effective; and W
HEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared a Mitigated Negative Declaration (“MND”) as proposed by the environmental assessment for the Project; and
W
HEREAS, the Planning Commission of the City of Sanger did conduct a duly noticed public hearing in the Council Chambers of the Sanger City Hall in Sanger, California, on July 24, 2025, to consider a recommendation of approval to the City Council for ANX 2024- 01, GPA 2024-01, ZOA 2024-05, and 29 the MND prepared for the Project, at which time all interested parties were given an opportunity to be heard and present evidence ; and contingent approval of TTM 2024- 01 and CUP 2024-01, at which time all interested parties were given an opportunity to be heard and present evidence; and
WHEREAS, the City Council now desires to approve Zoning Ordinance Amendment 2024-05.
NOW, THEREFORE, the City Council of the City of Sanger does ordain as follows:
Section 1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
Section 2. CEQA. The City Council has concurrently adopted a Mitigated Negative Declaration for the Project by separate resolution. As such, the City Council finds ZOA 2024-05 and the associated entitlements for the entire Project area has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.
Section 3. General Plan Consistency for ZOA 2024-05. The City Council finds that ZOA 2024-05 is consistent with the goals, objectives, and policies of the Sanger General Plan, as modified by GPA 2024-01. In this regard, the City Council find that public necessity, convenience, general welfare, and good zoning practices justify approval of ZOA 2024-05. Specifically, the pre-zoning change is consistent with the General Plan goals and policies, any operative plan, or adopted policy, and implements the planned land uses in the Project area. The change is also consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare. The change is also necessary for good zoning practices to achieve the balance of land uses desired by the City and to provide sites for needed residential, parks, opens space, trails, and a recharge basin consistent with the General Plan.
Section 4. Approval of ZOA 2024- 05 for Tract 6493. The City Council adopts this ordinance approving Zoning Amendment ZOA 2024-05 as set forth in Exhibit “A” to this Ordinance.
Section 5. S everability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions, or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Section 6. Effective Date. This Ordinance shall take effect on the thirty -first (31st) day after its adoption.
Section 7. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a newspaper of general circulation in the City of Sanger, within fifteen days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted at City Hall at least five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted.
* * * * * * * * * * * * * * * * 30 The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on ______________________, 2025, and was passed and adopted at a regular meeting of the City Council held on _____________________, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST: APPROVED:
Lina Martinez
City Clerk
Frank Gonzalez, Mayor
City of Sanger
31 Exhibit A
Zoning Ordinance Map Amendment No. 2024-05 – New Zoning (Pre-Zoning)
APNS 322-020-18S and 322-020-08
32 RESOLUTION NO. 2025-81
A RESOLUTION OF APPLICATION OF THE CITY COUNCIL OF THE CITY
OF SANGER REQUESTING THE LOCAL AGENCY FORMATION
COMMISSION TO TAKE PROCEEDINGS FOR THE REORGANIZATION OF ANNEXATION NO. 2024-01 AND ASSOCIATED PARCELS (INITIATE
ANNEXATION)
WHEREAS, Ara Chekerdemian (Lennar Homes of California, LLC), on behalf of property owner G4 Properties, LTD (“Applicant”), submitted applications to the City for initiation of annexation (Annexation No. 2024-01, ANX 2024-01), general plan amendment (General Plan Amendment No. 2024-01, GPA 2024-01), pre-zoning (Zoning Ordinance Amendment No. 2024- 05, ZOA 2024-05), cumulatively referred to as the “Project”, to subdivide approximately 78 acres generally located south of Annadale Avenue, east of Indianola Avenue, and north of North Ave (APNs 322-020-18S and 322-020-08) (“Affected Territory”); and
WHEREAS, Government Code section 56654 provides that “[a] proposal for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency;” and
WHEREAS, the specific changes of organization requested consists of annexation to the City of Sanger and detachment from the County of Fresno and associated fire protection, irrigation, and other districts; and
WHEREAS, the Affected Territory proposed to be changed is uninhabited, and on this day contains zero registered voters, according to information received from the County Elections Office because there are no dwellings or structures on the site; and
WHEREAS, a written description and map of the boundaries of the Affected Territory is set forth in Exhibit “A” attached hereto and by this reference incorporated herein; and
WHEREAS, this proposal is consistent with the Sphere of Influence of the City of Sanger; and
WHEREAS, the City has an agreement with the County of Fresno to comply with Revenue and Tax Code section 99 regarding property tax revenue transfer upon annexation, which agreement includes standards of annexations; and
WHEREAS, the City does not propose any specific term and conditions for the proposed reorganization; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project, including the reorganization of all Affected Territory, and prepared and adopted a Mitigated Negative Declaration (“MND”) for the Project and associated reorganization; and WHEREAS, the Planning Commission of the City of Sanger did conduct a duly noticed 33 public hearing in the Council Chambers of the Sanger City Hall in Sanger, California, on July 24, 2025, to consider a recommendation of approval to the City Council for ANX 2024-01, GPA 2024- 01, ZOA 2024-05, and the MND prepared for the Project, at which time all interested parties were given an opportunity to be heard and present evidence; and contingent approval of TTM 2024-01 and CUP 2024-01, at which time all interested parties were given an opportunity to be heard and present evidence; and
WHEREAS, the Planning Commission has held public hearings and recommended the City Council to initiate proceedings for the reorganization of the Affected Territory as further described in Exhibit “A” in the manner provided by the Cortese -Knox-Hertzberg Local Government Reorganization Act of 2000; and
WHEREAS, the City Council now desires to approve Annexation 2024-01.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger as follows:
Section 1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
Section 2. CEQA. The City Council has concurrently adopted a Mitigated Negative Declaration for the Project by separate resolution. As such, the City Council finds Annexation 2024-01 and the associated entitlements for the entire Project area has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.
Section 3. General Plan Consistency. The City Council finds that the proposed annexation is consistent with the goals, objectives, and policies of the Sanger General Plan.
Specifically, Growth Management Land Use Policy III on Page 2-47 of the General Plan Land Use Element states, “New urban development should occur in undeveloped properties which are closer to the existing built-up area, or which are in-fill parcels. The Project is proposed adjacent to City limits and existing residential subdivision. The 14.27-acre reduction in Park/Open Space designation allows for compact development preventing urban sprawl by increasing the density of residential units. This is supported also by Policy II of Growth Management on
contiguous and concentric urban form.” The City Council finds that public necessity, convenience, general welfare, and good practices justify adoption of ANX 2024-01and approval is in the public interest.
Section 4. Initiation of Reorganization. The City Council adopts and approves this Resolution of application, and initiates reorganization for the entire Affected Territory. The Local Agency Formation Commission of Fresno County is requested to initiate proceedings for the change of organization of the territory described in Exhibit “A” from the County of Fresno to the City of Sanger in the manner provided by the 34 Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, including any associated districts such as the Fresno County Fire Protection District, Fresno County Fire Protection District - Community Facilities District Zone 2, Kings River Conservation District, and Consolidated Irrigation District. The City Council directs the City Manager to take all necessary steps to submit a complete application for the proposed reorganization, including preparation and submittal of all LAFCO required forms, documents and studies and payment of all required fees, at Applicant’s expense, in accordance with any applicable agreement with the County of Fresno governing the same.
Section 5. This Resolution shall become immediately effective upon adoption.
* * * * * * * * * * * * * * * * The foregoing was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 2nd day of October 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTESTED
Lina Martinez, City Clerk
35 1
F
rom: Michael Carbajal <[email protected]>
Sent: Thursday, January 16, 2025 5:20 PM
To: Derek Sylvester <[email protected]>
Cc: Josh.Rogers <[email protected]>
Subject: RE: City of Sanger - Request for Project Comments Derek,
CID records indicate that the Winter Lateral pipeline serves the Fresno County APNs listed in the table below (subject to field verification). The northeast corner of the proposed project appears to overlap with the Winter Lateral that is maintained by CID. This needs to be confirmed.
Additionally, the project shall be required to maintain conveyance of CID irrigation water to all parcels served by the Winter Lateral that are not annexed to the City as part of the project.
Winter Lateral
322-020-25 Majestic Development 36.35
322-020-18s G4 Properties Ltd 44
322-020-19 Majestic Development 35
Total Acres Winter
Lateral 115.35
Th
anks,
Michael Carbajal, Assistant General Manager
Consolidated Irrigation District
www.cidwater.com
(559) 896-1660
36 2
From: Michael Carbajal <[email protected]>
Sent: Friday, December 20, 2024 11:37 AM
To: Derek Sylvester <[email protected]>
Subject: RE: City of Sanger - Request for Project Comments
The Consolidated Irrigation District (CID) maintains the Winter Lateral pipeline (Lateral Pipeline) within the proposed Vesting Tentative Tract Map No. 6439 project. The Lateral Pipeline is used for the conveyance of irrigation water to landowners adjacent to the proposed development.
The developer of the project shall prepare a plan to relocate and construct the Lateral Pipeline in a dedicated CID easement to maintain the conveyance of irrigation water to downstream users. The minimum easement width for CID to maintain the Lateral Pipeline is 20-feet.
The size of the existing Lateral Pipeline shall be confirmed, and plans and specifications shall be submitted for review by the District’s Engineer, Summers Engineering, on behalf of CID. The plans shall include a plan and profile of the new Lateral Pipeline along with details for connections to the existing pipe, bedding and backfill, and elbows. The plans and specifications shall conform with CID’s Standard Details and Development Standards in accordance with the 2014 Cooperative Agreement between CID and City of Sanger.
All costs associated with the acquisition of easements, preparation of plans, plans review fees, permits, and construction of the Lateral Pipeline shall be paid for by the developer of the project.
Thanks,
Michael Carbajal, Assistant General Manager
Consolidated Irrigation District
www.cidwater.com
(559) 896-1660
37 DEVELOPMENT SERVICES AND CAPITAL PROJECTS DIVISION
2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 600-4497 / 600-4022 / 600-4545 / FAX 600-4200 The County of Fresno is an Equal Employment Opportunity Employer
DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
December 10, 2024
Derek Sylvester, Senior Planner
City of Sanger, Community Development Department
1700 7th Street Sanger CA, 93657
SUBJECT: City of Sanger VTTM 6439
Dear Mr. Sylvester,
The County of Fresno appreciates the opportunity to review and comment on the subject project being reviewed by the City of Sanger. The proposed Annexation and Rezoning of multiple APNS across approximately 80-acres on the Northeast corner of Indianola and North Avenues.
The documents received for this review were circulated to our various Fresno County Public Works and Planning divisions. See comments below.
Fresno County Transportation Planning:
This project could impact county facilities and should require a TIS, please include the county in all future routings best point of contact is [email protected]. Using ITE trip Generation Manual (11th Edition) trips are calculated to be over the county's threshold.
The County recommends the following intersections and segments be studied:
• Annadale Avenue between Del Rey Avenue and Indianola Avenue • Del Rey Avenue between Jensen Avenue and Annadale Avenue • North Avenue between Del Rey Avenue and Indianola Avenue • The intersections of Jensen Avenue and Del Rey Avenue, Annadale Avenue and Del Rey Avenue, and North Avenue and Del Rey Avenue
The following segments and intersections included as part of the annexation into the City of Sanger:
• The full right-of-way for Indianola Avenue from Annadale Avenue to North Avenue. • The full right-of-way of North Avenue from Indianola Avenue to Bethel Avenue. • The intersections of Annadale Avenue and Indianola Avenue, North Avenue and Indianola Avenue, and North Avenue and Bethel Avenue.
38 City of Sanger
2 A Vehicle Miles Traveled (VMT) analysis should also be prepared for the proposed development. If you have any further questions regarding this matter, please contact Brody Hines at [email protected]
Fresno County Environmental Health Division:
Recommended Conditions of Approval:
• Construction permits for the proposed development should be subject to assurance that the City of Sanger community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking Water-Southern Branch. For more information call (559) 447-3300.
• Construction permits for the proposed development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116.
• Future construction and projects have the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Sanger Municipal Code and the Fresno County Noise Ordinance Code.
• As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.
• Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.
Fresno County Road Maintenance and Operations Division:
• Annadale Avenue is not a county-maintained road; it is annexed to the City of Sanger.
• Edgar Avenue Alignment is not a county-maintained road, there is an existing 60’ dedicated right-of-way.
39 City of Sanger
3 • North Avenue is a county-maintained road classified as a collector with an existing 60’ total road right-of-way, 30’ north of section line fronting the subject parcel and south of section is prescriptive right-of-way.
• Indianola Avenue is not a county-maintained road, there is an existing 30’ road right of way.
RMO Comments:
1) City of Sanger should be required to annex the full road right-of-way width of North Avenue along parcel frontage.
2) City of Sanger should be required to annex the full road right-of-way width of Indianola Avenue along parcel frontage.
3) County of Fresno Road Maintenance and Operations Division requests to be included in any traffic impact studies performed as part of this project. 4) Any proposed improvements shall provide adequate transitions to tie into existing pavement. Applicant may be required to relocate utilities and acquire additional right-of- way to accommodate such improvements. Engineered plans for road improvements shall be submitted for review and acceptance prior to any encroachment permits being issued.
RMO Notes:
1) Indianola Ave is not a County maintained road. It should be noted that no new roads shall be taken into County maintained mileage.
Fresno County Policy Planning:
Development of the proposed project requires the annexation of the subject 80-acre territory to the City of Sanger. All the necessary land use entitlement and the environmental assessment to address the potential impacts of the projects on the environment and how the impacts could be mitigated must be prepared prior to submitting the annexation application to LAFCo for processing.
The Notice of Intent to annex the subject territory to the City of Sanger must be provided to the County of Fresno for determination of consistency of the proposed annexation with the MOU between the City of Sanger and the County of Fresno.
This concludes Fresno County comments on the proposed project.
Sincerely,
Arianna Brown
Arianna Brown, Planner -- Development Services and Capital Projects Division
G:\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\OAR\City of Sanger\Sanger VTTM 6439\VTTM 6439 City of Sanger - RESPONSE LETTER.docx
40 DEVELOPMENT SERVICES AND CAPITAL PROJECTS DIVISION
2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 600-4497 / 600-4022 / 600-4545 / FAX 600-4200 The County of Fresno is an Equal Employment Opportunity Employer
DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
May 23, 2025
Derek Sylvester, Senior Planner
City of Sanger, Community Development Department
1700 7
th Street Sanger CA, 93657
SUBJECT: City of Sanger ANX 2024-01
Dear Mr. Sylvester,
The County of Fresno appreciates the opportunity to review and comment on the subject project being reviewed by the City of Sanger. The proposed
530-lot single-family residential
subdivision and a neighborhood park.
The documents received for this review were circulated to our various Fresno County Public Works and Planning divisions. See comments below.
Fresno County Transportation Planning:
See attachment document sent May 22, 2025.
Fresno County Road Maintenance and Operations Division:
All previous conditions for ANX 24-01 and TTM 6493 shall remain applicable for this submission.
Previously submitted comments from December 10, 2024 are provided below for your convenience:
1) City of Sanger should be required to annex the full road right-of-way width of North Avenue along parcel frontage.
2) City of Sanger should be required to annex the full road right-of-way width of Indianola Avenue along parcel frontage.
3) County of Fresno Road Maintenance and Operations Division requests to be included in any traffic impact studies performed as part of this project. 4) Any proposed improvements shall provide adequate transitions to tie into existing pavement. Applicant may be required to relocate utilities and acquire additional right-of- way to accommodate such improvements. Engineered plans for road improvements shall be submitted for review and acceptance prior to any encroachment permits being issued.
This concludes Fresno County comments on the proposed project.
Sincerely,
Arianna Brown
Arianna Brown, Planner -- Development Services and Capital Projects Division
"G:\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\OAR\City of Sanger\ANX 2024-01 Lennar\ANX 2024-01 City of Sanger - Response Letter.docx"
41 INTER OFFICE MEMO
DATE: 5/22/2025
TO: Derek Sylvester
FROM: Fresno County Transportation Planning
SUBJECT: Request for Comments - City of Sanger - ANX 24-01 (Tract 6493) The County of Fresno has reviewed the Traffic Study for Proposed Tract 6493, prepared by Peters Engineering Group, dated October 29, 2024, for Lennar Homes of California, LLC. The study assesses the transportation impacts of the proposed 530 single-family residential development located northeast of the intersection of Indianola and North Avenues in Sanger, California, within the City of Sanger’s jurisdiction. The analysis identifies several intersections, both within the City of Sanger and the unincorporated area of the County of Fresno, that will require improvements due to the traffic generated by this development.
The County agrees with the traffic study’s equitable share calculations, presented in Table 21 on page 26, which outline the project’s contribution to the need for improvements at the following intersections, including those outside the City’s limits and sphere of influence.
1. Jensen Avenue / McCall Avenue
o Governing Peak Hour: A.M.
o Equitable Share: 19.1%
o Required Improvements (Cumulative 2045): Signalization, widening, and additional turn lanes.
2. Jensen Avenue / Bethel Avenue
o Governing Peak Hour: A.M.
o Equitable Share: 4.2%
o Required Improvements (Cumulative 2045): Lengthening of left-turn lanes on westbound and northbound approaches.
3. 9th Street / Bethel Avenue
o Governing Peak Hour: A.M.
o Equitable Share: 7.7%
o Required Improvements (Cumulative 2045): Lengthening of left-turn lanes on westbound and southbound approaches.
4. Annadale Avenue / McCall Avenue
o Governing Peak Hour: A.M.
o Equitable Share: 30.8%
o Required Improvements (Cumulative 2045): Construction of a dedicated right-turn lane.
42 5. Annadale Avenue / Indianola Avenue
o Governing Peak Hour: A.M.
o Equitable Share: 29.6%
o Required Improvements (Cumulative 2045): Installation of all-way stop control and widening for dedicated turn lanes.
6. North Avenue / McCall Avenue
o Governing Peak Hour: P.M.
o Equitable Share: 28.3%
o Required Improvements (Near-Term and Cumulative 2045): Signalization and widening for additional turn lanes.
7. North Avenue / Indianola Avenue
o Governing Peak Hour: P.M.
o Equitable Share: 38.9%
o Required Improvements (Cumulative 2045): Installation of all-way stop control and widening for dedicated turn lanes.
8. North Avenue / Bethel Avenue
o Governing Peak Hour: A.M.
o Equitable Share: 9.7%
o Required Improvements (Near-Term and Cumulative 2045): Signalization and widening for additional turn lanes.
9. North Avenue / Greenwood Avenue
o Governing Peak Hour: A.M.
o Equitable Share: 7.7%
o Required Improvements (Near-Term): All-way stop control; (Cumulative 2045):
Signalization.
10. Central Avenue / McCall Avenue
o Governing Peak Hour: P.M.
o Equitable Share: 6.2%
o Required Improvements (Cumulative 2045): Signalization and widening for additional turn lanes.
11. Central Avenue / Bethel Avenue
o Governing Peak Hour: P.M.
o Equitable Share: 5.8%
o Required Improvements (Cumulative 2045): Signalization and widening for additional turn lanes.
12. Central Avenue / Academy Avenue
o Governing Peak Hour: A.M.
o Equitable Share: 4.4%
o Required Improvements (Cumulative 2045): Signalization and widening for additional turn lanes.
43 These improvements are required to maintain acceptable Levels of Service (LOS) under Near-Term and Cumulative (Year 2045) With-Project Conditions, as outlined in the traffic study. The equitable share percentages, calculated according to the Caltrans Guide for the Preparation of Traffic Impact Studies (December 2002), reflect Tract 6493’s contribution to traffic impacts. Necessary improvements within the County of Fresno’s jurisdiction are not covered by the County’s existing development fee programs and result from cumulative regional growth, including traffic from Tract 6493. When these improvements to County facilities are required, the costs will be borne by the development(s) triggering their implementation.
Pursuant to California Government Code Section 66000 et seq., which governs the imposition and administration of development impact fees, the County of Fresno requests that the City of Sanger, as the approving agency for Tract 6493, administer development impact fees to cover the equitable share contributions for all listed intersection improvements, including those within the County’s jurisdiction. The City of Sanger is responsible for ensuring that the developer, Lennar Homes of California, LLC, contributes its equitable share toward the cost of these improvements, as outlined in Table 21 of the traffic study. This responsibility aligns with the principle that the approving jurisdiction must mitigate the impacts of a development project, including those extending beyond its jurisdictional boundaries. The County shall approve cost estimates for facility improvements in its unincorporated areas.
The County of Fresno recommends that the City of Sanger establish a comprehensive mechanism, such as a development agreement or an impact fee program, to collect these fees from the developer and allocate the County’s portion for improvements within its jurisdiction. The County is committed to collaborating with the City to ensure that these improvements are designed and constructed in accordance with applicable standards and timelines.
If you have any further questions regarding this matter, please contact Hector Luna at (559) 600- 9672 or [email protected].
Sincerely,
Hector E. Luna
Senior Planner
44 Fresno Local Agency Formation Commission
LAFCo Office: 1401 Fulton Street, Suite 900, Fresno, CA 93721 Phone (559) 600-0604
December 18, 2024
Derek Sylvester
Senior Planner
City of Sanger
Dear Mr. Derek Sylvester:
Subject: Comments Regarding Concurrent Applications: Annexation Application (No. 2024-01), General Plan Amendment ( No. 2024-01), Rezone Application ( ZOA 2024 -05), Conditional Use Permit ( CUP 2024 -01), and Vesting Tentative Subdivision Map (TTM2024-01, Tract 6493)
Thank you for the opportunity to comment on this project. From the material provided to this office, my understanding of the project description is as follows:
• Annexation Application (No. 2024 -01) is a request to approve the annexation of approximately 80 acres. The annexation incl udes APN 322-020-08, and Portion of 322 - 020-18S. The proposed annexation is within the City of Sanger’s adopted Sphere of Influence, is adjacent to the existing City of Sanger City Limits on two sides and promotes orderly growth and development.
• General Plan Amendment ( No. 2024-01) pertains to the reclassification of a 14.3-acre parcel of land (APN 322-020-08 & 18S) that is current designated as Open Space General Plan Land Use Designation. The proposed General Plan designation would reclassify the entire parcel from Open Space to Medium Density Residential (7.3 to 17.4 dwelling units per acre);
• Re-zone Application (ZOA 2024-05) pertains to the reclassification of a 14.3-acre parcel (APN 322-020-08 &18S) from Fresno County AE-20 to City of Sanger R-1-6 (One Family Residential) zone district upon annexation into the Sanger City Limits. The proposed zoning designation is consistent with the proposed general plan amendment. • Conditional Use Permit ( CUP 2024 -01) pertains to the modification of prope rty development standards within the R -1-6 zone district on the subject property (APN 322- 020-085 & 18S). The applicant, Lennar, is requesting to reduce minimum lot size and front and rear setbacks. to the following dimensions: Phase1 will have 269 lots with minimum lot sizes at 2,782 and Phase2 261 lots with minimum lot sizes at 3,768 and; • Vesting Tentative Subdivision Map ( TTM2024-01, Tract 6493) pertains to two phases subdivision of land and proposed street dedication/improvements to accommodate for single family development. The proposed project would include 530 units, lots for single family homes 3,825 to 7,733 square feet in area and one 3.23 acre park.
The Fresno Local Agency Formation Commission (LAFCo) regulates, through approval or denial, the boundary changes proposed by local agencies or individuals. LAFCo’s objectives are to:
• Encourage orderly formation and development of agencies; • Encourage cons istency with spheres of influence and recommended reorganization of 45 Derek Sylvester
City of Sanger
No. 2024-01
agencies;
• Encourage orderly urban development and preservation of open space patterns; • Encourage conservation of prime agricultural lands and open space areas; and • Identify and address disadvantaged unincorporated communities.
LAFCo should be identified in the city’s environmental document as a Responsible Agency under CEQA whose role is to consider reorganizations and spheres of influence. Commission action on the reorganization request should be noted in the environmental document. As a Responsible Agency, the Commission is required to review and consider the city’s environmental documents prior to taking its action. A Responsible Agency complies with CEQA by considering the environmental analysis prepared by the Lead Agency and by reaching its own conclusions on whether to and how to approve the project. The Commission may then make a finding that it independently reviewed and considered the information in the environmental document and that the environmental document is sufficient to support a determination on the proposed reorganization.
Project-Specific Comments
The city will be required to submit the appropriate application materials including fees to LAFCo for reorganization. These materials are enumerated on our website (www.fresnolafco.org) through the “Applications and Documents” tab under “Items Necessary for a Complete Application.”
The fee schedule for changes of organization/reorganization (annexation) of 41 to 80 acres is $12,000.
The fee schedule for changes of organization/reorganization (annexation) of 81 to 160 acres is $14,400.
The city may send notice 56654(c) to the interested and affected agencies if the annexation is 100 percent uninhabited to reduce the project timeline.
If the proposal results in the annexation of land that is subject to a contract exe cuted pursuant to the Williamson Act (Chapter 7 , commencing with Section 51200 of Division 1), then the petition and/or resolution for reorganization request shall state whether the city shall succeed to the contract pursuant to Section 51243 or whether the city intends to exercise its option to not succeed to the contract pursuant to Section 51243.5.
Annexation of full rights of way contiguous to parcel boundaries should be presumed in the reorganization’s legal description and map.
LAFCo is available to attend any community outreach meetings should the need arise.
Thank you for the opportunity to provide comments. If you have any questions, please contact me at (559) 600-9435 or email at [email protected].
Sincerely,
Monica Leon
LAFCo Analyst I
46 47
48 Plan Review Team
Land Management
[email protected]
Public
November 7, 2024
Derek Sylvester
City of Sanger
1700 7th Street
Sanger, CA 93657
Re: Annexation 2024-01 & Vesting Tentative Tract Map No. 6439 Phases 1 & 2
Dear Derek Sylvester,
Thank you for providing PG&E the opportunity to review the proposed plans for Annexation 2024-01 & Vesting Tentative Tract Map No. 6439 dated 10/31/2024. Our review indicates the proposed improvements do not appear to directly interfere with existing PG&E facilities or impact our easement rights.
Please note this is our preliminary review and PG&E reserves the right for additional future review as needed. This letter shall not in any way alter, modify, or terminate any provision of any existing easement rights. If there are subsequent modifications made to the design, we ask that you resubmit the plans to the email address listed below.
If the project requires PG&E gas or electrical service in the future, please continue to work with PG&E’s Service Planning department:
https://www.pge.com/cco/.
As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.
If you have any questions regarding our response, please contact the PG&E Plan Review Team at [email protected].
Sincerely,
PG&E Plan Review Team
Land Management
49 Exhibit C
Conditions of Approval
Tentative Tract Map No. 2024-01 – Tract 6493
Assessor Parcel Numbers 322-020-18S and 322-020-08
01484.0001 2022837.1 1
July 24, 2025
Notice to Applicant
Pursuant to Government Codes Section 66020(d)(1) and/or Section 66499.37, any protest related to the imposition of fees, dedications, reservations, or exactions for this project or any proceedings undertaken regarding the City’s actions taken or determinations made regarding the project, including but not limited to validity of conditions of approval must occur within ninety (90) calendar days after the date of decision.
This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
IMPORTANT: PLEASE READ CAREFULLY
This project is subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies; those determined through plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community; and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood an d environment.
Approval for Tentative Tract Map No. 2024-01 will ultimately be deemed final unless appealed by the applicant to the City Council within ten (10) days after the decision by the Planning Commission. In the event you wish to appeal the Planning Commission’s decision, you may do so by filing a written appeal with the City Clerk. The appeal shall state the grounds for the appeal and wherein the Commis sion failed to conform to the requirements of the ordinance. This should include identification of the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.
These conditions are applicable to any person or entity making use of Tentative Tract Map No. 2024-01, and references to “developer” or “applicant” herein also include any applicant, property owner, owner, lessee, operator, or any other person or entity.
Tentative Tract Map No. 2024-01, Tract 6493, shall comply with all of the following conditions of approval:
A. Maps and Plans
1. The Developer shall have a final tract map prepared, in the form prescribed by the Subdivision Map Act and City of Sanger Municipal Code, by a registered civil engineer or licensed land surveyor. The final tract map shall be submitted to the City of Sanger, and shall include, but not be limited to, final tract map, drawn at a scale of not less than 1"=100', the current filing fee, closure calculations, current preliminary title report, and legal descriptions and drawings of required dedications. Upon approval of the final tract map, Developer shall submit an electronic copy (PDF) to the City Engineer.
2. The Developer shall submit to the City of Sanger Engineering Department a set of construction plans formatted on 24" x 36" sheets for all required improvements. The plans shall be submitted 50 01484.0001 2022837.1 2
electronically, and in accordance with first submittal instructions and checklist attached hereto.
These plans shall be prepared by a registered civil engineer, and shall include a site grading and drainage plan and an overall site utility plan showing locations and sizes of sewer, water, and storm drain mains, laterals, manholes, meters, valves, hydrants, inlets, etc, in addition to all other improvement plans specified herein. All applicable plan check and inspection fees shall be paid with the first submittal of plans. All plans shall be approved by the City and all other involved agencies prior to the release of any development permits.
3. Prior to the initial submittal of the improvement plans, the Developer shall contact the City Engineer to set up a Pre-Submittal Meeting. Developer’s engineer is required to attend.
4. Prior to beginning any construction, or within twenty (20) calendar days after the approved plans are released by the City, the Developer shall submit to the City of Sanger Engineering Department an electronic copy (PDF) of the approved set of construction plans and an electronic copy (PDF) of the project specifications, if any.
5. Within twenty (20) calendar days after all improvements have been constructed and accepted by the City, the Developer shall submit to the City of Sanger Engineering Department an electronic plan set copy (PDF) revised to reflect all field revisions and marked "AS-BUILT" for review and approval. Pad Elevation Certification(s) and passing compaction test reports will be required prior to construction of any structure on a lot.
6. Approval of this project is for the benefit of the applicant. The submittal of applications by the applicant for this project was a voluntary act on the part of the applicant not required by the City.
Therefore, as a condition of approval of this project, the applicant agrees to defend, indemnify, and hold harmless the City of Sanger and its agents, officers, consultants, independent contractors, and employees (“City”) from any and all claims, actions, or proceedings against the City to attack, set aside, void, or annul an approval by the City concerning the project, including any challenges to associated environmental review, and for any and all costs, attorneys fees, and damages arising therefrom (collectively “claim”). Within 30 days of Planning Commission approval or conditional approval of this tentative map, the developer shall also execute an agreement with the City of Sanger to defend, indemnify, and hold harmless the City (consistent with State of California Government Code, Section 66474.9(6)).
7. The developer shall submit final architectural elevation drawings, floor plans, and fence/wall construction details to the Community Development Director or his designee for review and approval consistent with the Sanger Community Design Standards and Guidelines. Said plans shall be consistent with the approved conceptual elevation designs, floor plans and plotting plans. The developer shall not have two similar building elevations (footprints, exterior colors and treatments) located next to one another. Re sidential drive approaches within the front yards shall not be widened beyond the widths as shown on the approved plot plans. Heating and cooling units for the homes shall not be placed on rooftops. Condensers located in yard areas of the units shall be visually and acoustically screens subject to Planning Division review and approval.
8. Any modifications or changes to the approved building elevations and floor plans, including lot configurations, dimensions and yard setbacks shall require review and approval by the Community Development Director or their designee prior to the issuance of building permits.
51 01484.0001 2022837.1 3
B. General
1. All conditions of approval shall be the sole financial responsibility of the applicant/owner, except where specifically noted in the conditions or mandated by statutes.
2. The Developer shall comply with all mitigation measures required by the mitigated negative declaration approved for this project.
3. The Developer shall comply with all regulations set forth in Chapter 62 of the Sanger Municipal Code (Subdivisions).
4. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Section 66020(d) of the Government Code, these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations and other exactions. The applicant is hereby notified that the 90- day protest period, commencing from the date of approval of the project, has begun. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.
5. Applicant shall pay all applicable development impact fees at the rate in effect at the time of payment. The Developer may be eligible for fee credits or fee reimbursements for over-sizing of facilities or construction of other eligible facilities included in the City of Sanger’s Impact Fee Studies. The City Engineer will determine the type and extent of improvements that are eligible for fee credits or reimbursements.
6. The Developer shall furnish security in a sum to be determined by the City Engineer, prior to final acceptance of the off-site improvements by the City, for the guarantee and warranty of the improvements for a period of one (1) year following the completion and acceptance thereof by the City Council.
7. The Developer shall submit a soils report or a waiver of soils report for approval by the City Engineer with the first submittal of the improvement plans.
8. The Developer shall comply with all the requirements of the local utility (gas and electric), telephone, cable, and other communication companies. It shall be the responsibility of the Developer to notify the local utility, telephone, cable, and other communication companies to remove or relocate utility poles where necessary. The City will not accept first submittal of improvement plans without proof that the Developer has provided the improvement plans and documents showing all proposed work to the utility, telephone, cable, and other communication companies.
9. It is the sole responsibility of the developer to ensure all required approvals, permits, and/or inspections from any entity having jurisdiction, are obtained prior to issuance of final occupancy for any lot.
10. The Developer shall contact and address all requirements of the United States Postal Service for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction. Developer 52 01484.0001 2022837.1 4
shall submit a copy of the Method of Delivery Agreement (MODA) to the City. Mailboxes shall be installed prior to issuance of any certificate of occupancy within the subdivision.
11. The Developer shall comply with and be responsible for obtaining encroachment permits from the City of Sanger for all work performed within the City's right-of-way and easements.
12. The Developer shall install all improvements within public right -of-way and easements in accordance with the City of Sanger standards, specifications, master plans, and record drawings.
13. All existing overhead and any new utility facilities located on-site, within alleys, and within the street right-of-way or easements along the streets adjacent to this tract shall be undergrounded unless otherwise approved by the City Engineer. The only exception to the undergrounding requirement will be for any high voltage electric facilities which are required to remain overhead by the public utility.
14. The Developer shall provide and pay for all compaction testing required by the City Engineer.
Compaction test locations and depths shall be established by the City Engineer. Compaction test results shall be submitted to the City Engineer, in a format accep table to the City Engineer, for review and approval.
15. During the site construction, any public streets fronting the project shall be kept clear of any construction or landscaping debris and shall not be used as a storage area for equipment, materials, or other items.
16. If the overall development is to be built in phases, then each phase shall have adequate access as required by the City of Sanger Police and Fire Departments, and the City Engineer. The Developer shall submit a schedule showing the sequence of development within the area covered by the tentative map.
17. In order to provide for reasonable municipal protection during all phases of construction, the Developer shall maintain pedestrian and vehicular access to all surrounding properties and buildings to the satisfaction of the City of Sanger Police and Fire Department, and City Engineer.
18. The Developer shall be responsible for all actions of his contractors and subcontractors during the course of any work occurring on the site. The Developer shall designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the Developer. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the development. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the Developer or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given. Whenever orders are given to the Developer's representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the Developer's expense.
19. The Developer shall take all responsibility for his contractors and shall not allow them to work on, place debris on, store supplies or equipment on, or in any other way encroach upon any other 53 01484.0001 2022837.1 5
properties without the written permission of such property owners. In the event other properties are encroached upon without written permission, work shall be automatically shut down until resolved.
20. P
rior to the commencement of any work within the City of Sanger, the general contractor and all sub-contractors shall obtain a business license from the Finance Department.
21. A
ll construction and improvements shall be in strict conformance with City of Sanger code, ordinance, and policy.
22. A
ny trenches cut in public streets shall be backfilled, compacted, and resurfaced with rock bas e a
nd AC paving. Existing pavement shall be saw cut. The developer shall resurface or reconstruct areas of the street as may be required by the Public Works Director.
23. E
lectrical service secondary splice boxes shall be subsurface type. Secondary Service pedestals are not acceptable.
24. Al
l fireplaces/heaters must comply with Rule 4901 of the San Joaquin Valley Air Pollution Control District. The developer shall comply with the requirements of Rule 9510 – Indirect Source Review as it applies to residential projects.
25. T
he developer shall execute a right to farm covenant, acceptable as to legal form by the city attorney, which shall be recorded on the deeds of each property, consistent with Sanger Municipal Code Chapter 94.
26. A
ny proposed signage to identify the name(s) of the subdivision, including its design and placement (median islands or walls) shall be subject to review and approval by the Development Services Director or their designee.
27. P
rior to Final Map recordation, the developer shall prepare Covenants, Conditions, and Restrictions (CC & R’s) for the project and shall submit a copy of these Covenants, Conditions, and Restrictions for review and approval as they relate to the conditions of approval to the Planning Division.
28. T
he developer shall provide concrete pads and walkway within the side yards adjacent to the garages of the single- family units for the placement of trash/recycling contains behind the rear yard fences/gates. All trash/recycling containers shall be placed out of public view except on the days of collection. The developer shall disclose this requirement to the future homeowners within the subdivisi
on.
29. A
pproval shall be in conformance with Tentative Tract Map No. 6 493, prepared by Gateway Engineering, except as may be modified by other conditions of approval. Full compliance with all conditions of approval shall be achieved prior to the issuance of any Certificates of Occupancy or as modified and approved by the Development Services Director .
30. A
pproval of this tentative tract map, including the conditional use permit approval, is valid for two (2) y
ears and in accordance with Government Code Section 66454, said approvals shall be null and void if annexation to the City of Sanger is not completed within that time period. 54 01484.0001 2022837.1 6
31. Prior to framing of any building, all streets and roadways for the subdivision shall be asphalt - paved with curb and gutter installed or at a minimum, compacted base rock (with curb/gutter) may be provided as determined by the Fire Chief and Building Official.
32. Should human remains be uncovered during ground disturbing activities, the Fresno County Coroner shall be notified to investigate the remains and arrange proper treatment and disposition.
If the remains are identified on the basis of archaeological context , age, cultural associates, or biological trains to be those of a Native American, California Health and Safety Code 7050.5 and PRC 5097.98 require that the coroner notify the NAHC within 24 hours of discovery. The NAHC will then identify the Most Likely D escendant who will make recommendations regarding the treatment and disposition of the remains.
33. Grading/construction work including start-up of equipment/machinery shall not begin prior to 7:00 a.m. Monday through Friday. Prior authorization must be obtained from the C ommunity Development Director for any work (including underground work) occurring on weekends and holidays.
34. Construction traffic shall avoid using any established residential streets within the City.
35. During construction, asphalt rubble shall be disposed of in appropriate landfill facility or some other method acceptable to the Public Works Director. The developer shall use the City’s exclusive franchise roll-off waste hauler for removal of asphalt rubble. The developer shall present evidence of such disposal to the City prior to the final acceptance of improvements.
36. During construction, all debris shall be contained within an on- site trash bin and the project site shall be watered for dust control during construction as required by the City.
37. Prior to issuance of a Final Occupancy Permit for the first dwelling unit in the tract/phase, the developer shall install street signage in accordance with the approved Improvement Plans.
38. Prior to the issuance of a Final Occupancy Permit for the first dwelling unit in the tract/phase, the developer shall have electric power to streetlights within the subject area.
39. The developer shall provide proof of payment of School Impact Fees to the Sanger Unified School District (or proof that no fee is required) prior to the issuance of building permits.
40. Prior to the issuance of building permits, the developer shall pay a fee for the purchase of waste container(s) for use by residents after buildout, as determined by the Public Works Director or their designee.
41. The developer shall pay to the City of Sanger certain fees, including but not limited to; the California Department of Fish and Game Fee, the Fresno County Fire Protection Transitional Revenue Transfer fee, Automated Solid Water Container Fee, and the Plan Check and Inspection Fee.
C. Dedications and Street Improvements
1. The Developer shall provide right -of-way (R/W) acquisition or dedicate free and clear of all encumbrances and/or improve the following streets to City standards:
55 01484.0001 2022837.1 7
a) Indianola Avenue (General Plan Street Designation: Collector): North Avenue to Annadale Avenue;
i) Dedicate 60’ east of Centerline for public street and utility purposes (total ultimate R/W of 120’) and acquire by separate deed any R/W west of the Centerline as needed (if applicable) to construct center travel lane improvements for southbound traffic including median island, one 12’ travel lane and one 4’ shoulder. R/W requirements at the intersection with North Avenue will be as needed to accommodate the ultimate improvements recommended by the project Traffic Impact Study, prepared by Peters Engineering, dated May 2, 2025 (“TIS”), including left and right turn lanes. ii) Construct improvements in accordance with City Street Standards and as shown on Tentative Map. Improvements shall include curb and gutter, sidewalk, curb ramps, street lights, landscaping and irrigation, center median island with stamped concrete cap and landscaping, permanent paving, and sound wall.
b) North Avenue (General Plan Street Designation: Minor Arterial): Indianola Avenue to East Line of Lot 145 of Phase I;
i) Dedicate sufficient R/W for a total of 50’ north from Section Line for public street and utility purposes.
ii) Construct improvements in accordance with City Street Standards, and as shown on Tentative Map. Improvements shall include curb and gutter, sidewalk, curb ramps, street lights, landscaping and irrigation and permanent paving. Sidewalk shall be constructed to meander within a landscape buffer measuring 24’ from face of curb, so as to match existing adjacent developments.
c) Annadale Avenue (General Plan Street Designation: Collector): Indianola Avenue to the East Line of Lot 104 of Phase II;
i) Dedicate sufficient R/W for a total of 52’ south of Centerline for public street and utility purposes.
ii) Construct improvements in accordance with City Street Standards and as shown on Tentative Map. Improvements shall include curb and gutter, sidewalk, curb ramps, street lights, landscaping and irrigation, permanent paving, and sound wall.
d) Edgar Avenue (General Plan Street Designation: Local): Within the limits of the Subdivision; i) Dedicate 60’ for public street and utility purposes. ii) Construct improvements in accordance with City Street Standards and as shown on Tentative Map. Improvements shall include curb and gutter, sidewalk, curb ramps, street lights, landscaping and irrigation, and permanent paving. iii) Traffic calming bulb- outs shall be designed and constructed at the intersection with Reagan Avenue.
e) 56’ Interior Residential Street (General Plan Street Designation: Local): Public Streets (all not specifically listed otherwise and as shown on the Tentative Map) i) Dedicate 56’ for public street and utility purposes. ii) Construct improvements in accordance with City Street Standards and as shown on Tentative Map. Improvements shall include curb and gutter, sidewalk, curb ramps, street lights, landscaping and irrigation, and permanent paving. iii) Public Streets Reagan Avenue, Cherry Avenue, Almond Avenue: Dedicate 70’ for public street and utility purposes and construct median island with landscaping and irrigation at entrance per Tentative Map.
56 01484.0001 2022837.1 8
2. In accordance with the recommendations of the TIS, the following additional roadway improvements are required to be constructed prior to issuance of the first grant of occupancy (with the conditioning agency shown in parentheses):
a) N
orth Avenue/McCall Avenue: Construct roadway widening sufficient to provide dedicated l
eft-turn lane on the southbound approach (125’ Minimum Length, to be confirmed with Fresno C
ounty) while maintaining the existing all-way stop control (County of Fresno). b) Jensen Avenue/McCall Avenue: Construct roadway widening sufficient to lengthen the left turn lane for the northbound approach to 275’ (County of Fresno). c) North Avenue/Greenwood Avenue: Install all -way stop control at this existing intersection (City of Sanger).
3. I
n accordance with the recommendations of the TIS, the applicant shall pay its fair share of the improvements required to mitigate unacceptable levels of service in the 2045 cumulative analysis scenario (which are not already included in an existing fee program) at the following intersections:
a) J
ensen Avenue/McCall Avenue: 19.1%
b) Jensen Avenue/Bethel Avenue: 4.2%
c) 9th Avenue/Bethel Avenue: 7.7%
d) Annadale Avenue/McCall Avenue: 30.8%
e) Annadale Avenue/Indianola Avenue: 29.6%
f) North Avenue/McCall Avenue: 28.3%
g) North Avenue/Indianola Avenue: 38.9%
h) Central Avenue/McCall Avenue: 6.2%
T
he Developer’s engineer shall prepare cost estimates for the recommended improvements to be reviewed and approved by the authority having jurisdiction over the improvements. Fair share payments shall be made to the City of Sanger for funding of future improvements and distribution to the County of Fresno as applicable.
4. T
he Developer shall construct transitional improvements along major streets beyond its frontage limits as determined necessary by the City Engineer to ensure traffic safety and continuity for the public
.
5. D
eveloper shall dedicate an 8’ or 10’ public utility easement (width as required by affected utility companies) along all streets and all other locations requested by utility companies. Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer.
6. D
eveloper shall provide a preliminary title report, legal description, and drawings for all dedications required which are not within the limits of the subdivision.
7. T
he Developer shall install LED streetlights on metal poles in accordance with City Standards at the locations designated by the City Engineer. Streetlight locations shall be shown on the utility plans submitted with the final map for approval. Streetlights on exterior streets shall be standar d
c
obrahead design. Streetlights on interior streets shall be decorative design. Streetlights at traffic s
ignal locations shall be installed on approved traffic signal poles. Street lights shall be owned and maintained by City of Sanger. Developer shall prepare a streetlighting plan for approval by the City Engineer and shall prepare and submit application to PG&E for streetlight service on LS -2 (
Unmetered, City-owned and maintained) rate schedule.
57 01484.0001 2022837.1 9
8. Developer shall provide for all striping, stenciling, pavement markers, delineators and signage required of all street improvements within the development. All traffic signs and street name signs shall be installed in accordance with City Standards and the CA MUTCD (latest edition). A striping and signage plan shall be included with the construction plans and submitted for review and approval by the City Engineer.
9. Curb ramps shall be provided at all intersections in conformance with City Standards.
10. As part of street dedications, Developer shall provide corner cut -offs at all street intersections.
Corner cut-offs shall be sufficient to provide for sight distances and accommodate curb ramps.
11. The Developer shall, at his expense, obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests. These designs shall be compared to the minimum section given below and approved by the City Engineer.
Street Designation
Minimum Section
Local Street 2” HMA/4” CLII AB/6” CNS
Collector Street 3.5” HMA/6” CLII AB/6” CNS
Arterial Street 4” HMA/7.5” CLII AB/6” CNS
12. Standard barricades with reflectors shall be installed at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.
13. The Developer shall, at the end of any permanent pavement abutting undeveloped property, install 2”x6” redwood header boards placed prior to street paving.
14. All knuckles and cul-de-sacs shall be designed in accordance with City Standards.
15. Temporary paved cul-de-sacs shall be provided at the end of any dead-end streets, planned for future extension, and longer than 150’. Minimum radius shall be provided to allow turnaround of emergency equipment.
16. Developer shall relinquish vehicular access rights to the following:
a) Indianola Avenue
b) North Avenue
c) Annadale Avenue
d) Local Streets adjacent to parcel side yards
D. Sanitary Sewer Improvements
1. The Developer shall identify and abandon all existing septic systems per City Standards and any other governing regulations.
2. The Developer shall construct major sewer improvements in accordance with the City of Sanger’s Sanitary Sewer Master Plan as follows:
58 01484.0001 2022837.1 10
a) C
onstruct 24” sewer in Bethel Avenue from North Avenue to ¼ mile south of North Avenue, c
onnecting to the proposed sewer line being installed with Tract 6431.
C
osts for installation of oversize pipeline facilities (i.e. in excess of 8” diameter) are eligible for development impact fee credit and/or reimbursement, for those costs above those required to install an 8” diameter pipeline, through a Improvement and Credit/Reimbursement Agreement.
3. T
he nearest existing sanitary sewer mains available to serve the development are a 12” sewer main in Indianola Avenue and an 18” sewer main in North Avenue along the frontages of the subdivision. The Developer shall connect to these existing sewers and the Developer’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of sewer service must be approved by the City Engineer and supported by appropriate calculations.
4. T
he Developer shall install sanitary sewer mains of the size and in the locations indicated below:
a) I
nterior Streets: Install 8” sewer mains throughout development.
5. T
he Developer shall dedicate a minimum 20’ wide easement for all onsite sewer mains not located in otherwise dedicated rights-of-way.
6. T
he Developer shall install one (1) 4” sewer service house branch to each lot within the development in accordance with City Standards.
E. W
ater Improvements
1. T
he City does not currently have sufficient water supply capacity to serve the project as proposed.
The determination of “sufficient water supply capacity” is being made by the City Engineer pursuant to the California Waterworks Standards (Cal Code of Regs. §64554). While current capacity of the City water system has been determined insufficient by this standard, multiple capital improvement projects are currently funded and are being implemented by the City of Sanger in order to improve the system to a point of sufficiency. It is anticipated that a combination of the above-planned projects will result in the improvement of the water system to a point of sufficiency to serve the proposed project. The City will withhold issuance of Certificates of Occupancy on the subject project until a determination can be made that there is sufficient capacity to serve the project. It is currently projected that this will be possible in Fall 2025.
2. T
he Developer shall identify and abandon all existing water wells per City Standards and any other governing regulations.
3. T
he nearest water mains currently available to serve the development are:
a) 1
2” water main in Annadale Avenue across the project frontage; b) 8” water mains in Almond Avenue, Edgar Avenue and Moir Avenue at the eastern boundary of the subdivision; and
c) 12” water main in North Avenue near the east line of Lot 145 of Phase 1. 59 01484.0001 2022837.1 11
4. The Developer shall install water mains of the sizes and in the locations indicated below and provide an adequately looped water system. The Developer’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
a) Indianola Avenue: Install 12” water main along the project frontage. b) North Avenue: Install 12” water main along the project frontage. c) Interior Streets: Install 8” water mains throughout development.
Costs for installation of oversize pipeline facilities (i.e. in excess of 8” diameter) are eligible for development impact fee credit and/or reimbursement, for the costs above those required to install an 8” diameter pipeline, through an Improvement and Credit/Reimbursement Agreement.
5. The Developer shall dedicate with the final map an outlot (to substitute for Lots 104 and 105 of Phase 2 as shown on the Tentative Map) in fee to the City of Sanger for a new water well site for City Well No. 21. A commercial drive approach with wrought iron gate shall be constructed from Annadale Avenue to provide access to the site. Standard utility services shall be provided to the site.
Grading of the site shall be in accordance with direction from the City Engineer and concrete masonry block walls with pilasters shall be installed along the Annadale Avenue frontage and the side yards of Lots 104 and 105 of Phase 2 as shown on the Tentative Map. No other well site improvements are required of the Developer. Costs for land dedication and construction of the aforementioned well site improvements are eligible for development impact fee credit and/or reimbursement through an Improvement and Credit/Reimbursement Agreement.
The City of Sanger is the owner of a 2.86-acre property to the west of the proposed project (APN 322-020-24) along Indianola Avenue, which is currently in use as a temporary drainage basin. If the City Engineer determines that Well No. 21 can feasibly be constructed on this property as needed to serve the City’s water system needs, then the above-listed dedication and improvement conditions for Well No. 21 may be waived at the discretion of the City Engineer.
6. The Developer shall dedicate a 20’ wide easement for all onsite water mains, hydrants, blow-offs, and water meters not located in otherwise dedicated rights-of-way.
7. The Developer shall install a City Standard water service, size as necessary to each lot within the development in accordance with City Standards.
8. Meter and meter box shall be installed immediately after receiving approved bacterial test results.
Upon installation of the meter, the City of Sanger has blanket authority to establish a utility account for water usage in the developer's name. Water will be charged at the current base rate per month plus consumption. Before development begins the developer must submit a valid blanket authority authorizing the City of Sanger to bill the developer for water usage, provide billing address information and deliver a $500.00 water deposit.
9. The Developer shall install a City Standard landscape water service, size as necessary to each public landscape area within the development in accordance with City Standards.
10. The Developer shall install a minimum of one (1) water sampling station in accordance with City Standards. The final number and location of sampling stations shall be determined by the City Engineer in conjunction with the City of Sanger Public Works Department.
60 01484.0001 2022837.1 12
11. No water service connection shall be made to the City of Sanger Water System until a bacteriological report has been accepted by the City Engineer.
12. Fire hydrants shall be installed at locations approved by the Fire Department. Fire hydrants and curbs shall be painted as directed by the Fire Department.
13. Prior to the use of any combustible materials on- site, water mains and fire hydrants shall be installed and operable.
F. Grading and Drainage
1. The Developer shall, for construction activity prior to clearing, grading or excavation on one (1) acre or more of land area or area part of a larger common plan of development or sale, obtain a NPDES permit and implement Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to reduce or eliminate storm water pollution. Plans for these requirements shall be included in the construction plan set and shall be submitted to and approved by the City Engineer.
2. The City of Sanger is an MS4 and is regulated under the Water Quality Order NO. 2013-0001-DWQ and NPDES General Permit No. CAS000004. Developer is required to comply with all requirements of the Permit, including Post-Construction Standards. Developer’s engineer shall submit calculations confirming that development will meet Post-Construction Standards with the grading plan for review by the City Engineer.
3. The Project Site is located within the Southwest Drainage Area of the Sanger Storm Drain Master Plan (SDMP), and the master-planned basin was sited on the south side of North Avenue across from the project frontage. The SDMP indicates the following master -planned pipeline facilities within the Project Area:
a) Connection to existing 36” pipeline in Indianola Avenue near the Edgar Avenue intersection and abandonment of outfall to existing drainage basin west of Indianola Avenue once connection to the new basin is completed;
b) Construction of 42” and 48” pipelines in Indianola Avenue and North Avenue to outfall to the Southwest Drainage Basin;
c) Connection to existing 36” pipeline in North Avenue (near Lot 145 of Phase 1), abandoning outfall to existing private drainage basin within the subdivision, and re-routing to Southwest drainage basin;
d) Construction of new pipelines in Edgar Avenue and Reagan Avenue (size to be confirmed upon review of project grading plan.
The site shall be drained using a combination of these master- planned facilities and storm drain basin. Costs for land acquisition and construction of master -planned facilities are eligible for development impact fee credit and/or reimbursement. Costs fo r construction of non- master- planned facilities are not eligible. Minimum storm drain pipe diameter within public right-of-way shall be 15”.
4. The Southwest Area Drainage Basin shall be designed to accommodate an ultimate storage volume of 86.5 Acre-Feet (A-F). The basin shall be excavated at initial development in order to provide sufficient volume to store the runoff generated by all areas tri butary to the facility at the time of construction, currently estimated at 39.5 A- F. If the project is built in phases, the minimum required storage and excavated basin volume for any phase shall be approved by the City Engineer 61 01484.0001 2022837.1 13
at the time of phased final map approval. The ultimate basin configuration and proposed initial construction shall be approved by the City Engineer as part of the improvement plan review and approval process.
5. D
eveloper’s engineer shall prepare hydrology and hydraulic calculations (H&H) for any proposed storm drain system and submit with the grading plan for review and approval by the City Engineer.
Developer’s engineer shall consult with City Engineer for calculation requirements.
6. G
rade differentials between lots and adjacent properties shall be adequately shown on the grading plan and shall be treated in a manner in conformance with City Standards . Any retaining walls required 12” or higher shall be masonry or concrete construction and any retaining walls required less than 12” may be wood, masonry, or concrete construction. All retaining walls shall be designed by a registered civil engineer.
7. P
rior to the approval of grading plan, approvals and permits from the San Joaquin Valley Air Pollution Control District shall be obtained. The Project shall comply with all rules, regulations and conditions of approval imposed by the District.
8. T
he Developer shall maintain a program of dust control to prevent air pollution as well as discomfort or damage to adjacent and surrounding properties. The Developer shall follow all requirements and recommendations made by the San Joaquin Valley Air Pollution Control District for dust and emission reduction.
G. P
arks, Landscaping and Irrigation
1. T
he Developer, as a portion of the required tract improvements, shall provide park improvements, landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right -of-way and all other areas reserved for landscaping. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately qualified professional and conform to the City of Sanger Standard Drawings and Specifications and the California Model Water Efficiency Ordinance. Public landscaping and irrigation shall be installed along all major street park strips, parks, trails/greenbelts, and street and median islands. Landscape design shall incorporate climbing vines along the required exterior masonry walls to discourage graffiti.
2. T
he 3.23 Acre park will be dedicated in fee to the City with the final map. In lieu of dedicating the full parkland required by the General Plan (5.84 Acres), the park shall be improved by the Developer in its entirety in accordance with the permitting thresholds described below. A Site Plan Review shall be required for the park development and shall depict all proposed improvements for approval prior to submission of improvement plans for construction. The cost of any improvements constructed in excess of the additional land dedication value shall be eligible for development impact fee credit and/or reimbursement through an Improvement and Credit/Reimbursement Agreement.
3. A
ll park improvements shall be installed and accepted for maintenance by the City prior to granting the 100th certificate of occupancy.. If the subdivision is phased, the park shall be fully completed with the first phase.
4. T
he Developer shall enter into a one (1) year private landscape maintenance contract for maintenance of the required landscaping within the public areas of the subdivision after acceptance of improvements. Prior to acceptance, a copy of the maintenance contract shall be provided to the Public Works Director for review and approval.
62 01484.0001 2022837.1 14
5. The developer shall provide front yard landscaping with automatic irrigation systems with enough stations, including controllers, wiring, and valves with irrigation main line stub to accommodate the rear yards for the homes within the subdivision.
6. Street trees shall be installed along the front and side yards (as applicable) of each lot. A Street Tree Plan shall be included in the submitted landscape and irrigation plan package.
7. Trees planted within 10 feet of any paved area, including street trees, shall include a root -control barrier and deep watering sleeve.
8. Prior to approval of the Final Map, the developer will be required to request annexation of the property, and be subject, to the City’s Landscaping and Lighting Maintenance District (LLMD).
The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election will be required for the establishment of the initial assessment. The assessment for each lot must be obtained from the City for the tax year following the recordation of the final map. The property owner shall consent to the first -year assessment and annual increases per the provisions of the LLMD. The property owner/Developer shall notify all potential lot buyers before they actually purchase a lot that this tract is a pa rt of a LLMD. Said notification shall be in a manner approved by the City. The property owner/Developer shall supply all necessary assessment diagrams and other pertinent materials for the LLMD annually until the entire tract is built out or for three ye ars after annexation to the district, whichever is longer.
9. Prior to approval of the Final Map, the developer will be required to request annexation of the property, and be subject, to a Community Facilities District (CFD) to provide special tax revenue for the anticipated increase in costs associated with providing city services, including but not limited to police, fire, ambulance, paramedic and parks maintenance. The Developer shall disclose to all potential lot buyers that the tract is part of a Community Facilities District.
10. If the development impacts Consolidated Irrigation District facilities, the Developer shall provide documentation satisfactory to the City that CID infrastructure or facility issues have be adequately addressed. This may include, but not be limited to, dedicating easements, piping or relocating any existing CID canals or ditches, replacing any existing irrigation piping, concrete lining or improving any existing canals, construction or reconstruction of any canals, culverts, and bridge crossings.
11. CID comments on review indicate that CID maintains the Winter Lateral pipeline (Lateral Pipeline) within the proposed project. The Lateral Pipeline is used for the conveyance of irrigation water to landowners adjacent to the proposed development. The Developer shall prepare a plan to relocate and construct the Lateral Pipeline in a dedicated CID easement to maintain the conveyance of irrigation water to downstream users. The minimum easement width for CID to maintain the Lateral Pipeline is 20-feet. The size of the existing Lateral Pipeline shall be confirmed, and plans and specifications shall be submitted for review by CID’s engineer, Summers Engineering, on behalf of CID. The plans shall include a plan and profile of the new Lateral Pipeline along with details for connections to the existing pipe, bedding and backfill, and elbows. The plans and specifications shall conform with CID’s Standard Details and Development Standards. All costs associated with the acquisition of easements, preparation of plans, plans review fees, permits, and construction of the Lateral Pipeline shall be paid for by the Developer.
63 01484.0001 2022837.1 15
12. Plans for the above requirements and improvements shall be included in the previously required set of construction plans and submitted to and approved by CID prior to the release of any development permits or recording of the final map, if the development permits or final map impact CID facilities, including the Winter Lateral Pipeline . If a CID or private irrigation line is to be abandoned, the Developer shall provide waivers from all downstream users.
13. All existing onsite agricultural irrigation systems either onsite or within public rights -of-way, whether CID or privately owned shall be identified prior to any construction activity on the site.
Service to all downstream users of irrigation water shall be maintained at all times through preservation of existing facilities or, if the existing facilities are required to be relocated, the relocation and replacement of the existing facilities. It is the intent that downstream users not bear any burden as a result of the development. Therefore, the Developer shall bear all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by the development. The Developer shall identify on the construction plans all existing irrigations systems and their disposition (abandonment, repair, relocation, and or piping) for approval by the City Engineer.
H. Miscellaneous
1. It shall be the responsibility of the Developer to remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer.
2. The Developer shall provide clean-up, street sweeping and dust control during the construction of the development to the satisfaction of the City Engineer and Public Works Director. A deposit of $5,000.00 shall be submitted to the City to guarantee compliance. At any time, Developer is deemed to be non-compliant by the City Engineer or Public Works Director, the City may draw from said deposit to pay for necessary activities to bring the site into compliance.
3. The Developer shall install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development. Any existing section corner or property corner monuments damaged or destroyed by the development shall be reset to the satisfaction of the City Engineer.
A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance.
4. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set.
Upon payment to the engineer or surveyor for setting the final monuments, the Developer shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.
5. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.
6. The Developer shall install concrete masonry block walls with pilasters in accordance with City Standards, with a minimum height of 6 feet above the high side ground elevation, and of a design and color approved by the City of Sanger Planning Department at the following locations:
a) East side of Indianola Avenue along project frontage; 64 01484.0001 2022837.1 16
b) North side of North Avenue along project frontage;
c) South side of Annadale Avenue along project frontage; d) Side yards of Lots 104 and 105 of Phase 2 (for Well No. 21); e) Side yards of entry street lots (i.e. 70’ right of way).
Maso
nry block walls that retain more than 8” shall be designed by a registered civil engineer.
7. A
decorative wood fence with stone pilasters shall be provided for all other street side yards, which are not covered by the block wall requirement above, within the subdivision.
8. A
ll fences and walls on corners (intersections) shall meet the sight triangle regulations in th e z
oning ordinance for height and distance from the corners.
I. F
resno County Road Maintenance and Operations Division
1. T he
full road right-of-way width of North Avenue along parcel frontage is required to be annexed t
o the City of Sanger.
2. T h
e full road right -of-way width of Indianola Avenue along parcel frontage is required to be annexed to the City of Sanger.
3. A
ny proposed improvements shall provide adequate transitions to tie into existing pavement.
Applicant may be required to relocate utilities and acquire additional right-of-way to accommodate such improvements. Engineered plans for road improvements shall be submitted for review and acceptance prior to any encroachment permits being issued.
J. F
resno County Environmental Health Division
1. C
onstruction permits for the proposed development are subject to confirmation that the City of Sanger community water system has sufficient capacity and quality to serve this project.
2. C
onstruction permits for the proposed development are subject to confirmation the City of Sanger’s system has sufficient capacity at the time of construction.
3. D
evelopment, including construction, shall comply with the City of Sanger Municipal Code and the Fresno County Noise Ordinance Code.
4. Al
l water wells and/or septic systems that exist or have been abandoned within the project area shall be properly destroyed by an appropriately licensed contractor.
5. S
hould any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.
65 01484.0001 2022837.1 17
K. Fresno County Policy Planning Division
1. All necessary land use entitlement and the environmental assessment to address the potential impacts of the projects on the environment and how the impacts could be mitigated must be prepared prior to submitting the annexation application to LAFCo for processing.
2. The Notice of Intent to annex the subject territory to the City of Sanger must be provided to the County of Fresno for determination of consistency of the prop osed annexation with the MOU between the City of Sanger and the County of Fresno.
L. Fresno Local Agency Formation Commission
1. Prior to the approval of the final map, Developer will be responsible for annexation of the property (and any other property required by LAFCo), including coordination with the City of Sanger, and paying for the costs annexation including fees to LAFCo for reorganization and any City fees or costs.
M. San Joaquin Valley Air Pollution Control District
1. Prior to issuance of grading or building permits, the applicant/developer shall provide the City with evidence from the San Joaquin Valley Air Pollution Control District (SJVAPCD) of an approved Dust Control Plan or Construction Notification form under Regulation VIII – Fugitive Dust PM10 Prohibitions. The subdivision project may be subject to other rules including Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operation). The developer will be required to carry out measures of applicable SJVAPCD Rules and Regulations as noted.
-END OF CONDITIONS
66 ATTACHMENT D
Initial Study/Mitigated Negative Declaration
Tract 6493
SCH No. 2025061144
Available online at: https://www.ci.sanger.ca.us/464/Notices 67 Prepared by: _John Reynolds, Chief of Police _ Approved by: ________________________ REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION ____ Consent
____ Info Item
__X__ Action Item
____ Department Report
____ Redevelopment Agency
__X__ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: 10/02/2025
Age nda Item No.: G-2
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council members
From: John Reynolds, Chief of Police
Subject: Consideration of Ordinance Repealing Article VII and Adding Article VIII of Chapter 38 of the Sanger City Code Relating to Unauthorized Camping, Sleeping, and Storage of Personal Property on Public Property Attac
hments: 1. Proposed Ordinance
CONFL
ICT OF INTEREST:
None
Known
RECOM
MENDATION:
Staff Recommends that City Council:
a) Waive the full reading and adopt, by title only, Ordinance 2025-08, and an ordinance by the City Council of the City of Sanger, California repealing Article VII of Chapter 38 of the Sanger City Code and adding Article VIII relating to unauthorized camping, sleeping, and storage of personal property on public property.
EXECUT
IVE SUMMARY:
The proposed ordinance addresses public health, safety, and access concerns caused by unauthorized camping and storage of personal property in public spaces. It establishes clear definitions, prohibited conduct, enforcement procedures, and abatement processes to protect residents, businesses, and visitors while ensuring humane treatment of personal belongings.
BACKG
ROUND:
68 \\nas1\shared\Forms & Templates
The City of Sanger has experienced increasing challenges related to public camping and encampments on sidewalks, parks, rights-of-way, and other public facilities. These activities can obstruct access, create health and safety risks, and diminish public use of shared spaces. The ordinance recognizes the diverse needs of individuals who may rely on public spaces and seeks to balance respect for personal circumstances with the City’s responsibility to maintain safe, clean, and accessible public areas for all community members
REASON FOR RECOMMENDATION:
• Preserves safe and accessible public spaces for residents and visitors. • Establishes uniform enforcement standards for camping and storage on public property. • Provides due process and procedures for notice, abatement, and retrieval of personal property. • Supports long-term strategies in coordination with regional partners to address homelessness. • Aligns City regulations with state law and best practices for public safety and health.
FISCAL IMPACT:
Implementation may result in costs for enforcement, abatement operations, storage of personal property, and coordination with social service agencies. The level of fiscal impact will depend on the extent of encampment activity within the city.
ALTERNATIVES:
• Amend the ordinance to adjust definitions, enforcement provisions, or procedures. • Reject the ordinance and continue enforcement under the existing City Code.
ACTIONS FOLLOWING APPROVAL:
1. Ordinance will take effect thirty (30) days after adoption.
2. City Clerk will certify adoption and publish the ordinance (or summary) as required by law.
3. City staff will begin enforcement consistent with the ordinance and coordinate with service providers to support compliance.
69 01484.0001 2045311.1 Page 1 of 10
ORDINANCE NO. 2025-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANGER, CALIFORNIA REPEALING ARTICLE VII OF
CHAPTER 38 OF THE SANGER CITY CODE AND ADDING
ARTICLE VIII TO CHAPTER 38 OF THE SANGER CITY
CODE RELATING TO UNAUTHORIZED CAMPING,
SLEEPING, AND STORAGE OF PERSONAL PROPERTY
ON PUBLIC PROPERTY
THE CITY COUNCIL OF THE CITY OF SANGER DOES ORDAIN AS FOLLOWS:
SECTION 1. Article VII of Chapter 38 of the Sanger City Code is hereby repealed.
SECTION 2. Article VIII titled “Unauthorized Camping, Sleeping, and Storage of Personal Property on Public Property” is added to Chapter 38 of the Sanger City Code to read as follows:
ARTICLE VIII. - UNAUTHORIZED CAMPING, SLEEPING, AND
STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY
S
ection
38-250 Title and Findings.
38-251 Definitions.
38-252 Unauthorized sleeping, camping, and storage of personal property on public property.
38-253 Exceptions.
38-254 Obstruction of Public Access to Sidewalks, Trails, Public Facilities, and Other Public Rights of Way, and Other Public Offenses
38-255 Suspension of Enforcement.
38-256 Methods of Enforcement Not Exclusive.
38-257 Abatement of Encampments.
38-258 Violation: Infraction; Misdemeanor.
38-259 Enforcement.
70 01484.0001 2045311.1 Page 2 of 10
Sec. 38-250. - Title and Findings.
This Article VIII of Chapter 38 of the Sanger City Code shall be known as the “Unauthorized Sleeping, Camping, and Storage of Personal Property on Public Property Ordinance” and is referenced herein as “Ordinance.” The City Council of the City of Sanger makes the following findings:
(a) The City is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the city.
(b) The city has had increasing concerns regarding public health and safety due to camping on or in rights-of way and public property in or near streets, roads, sidewalks, schools, residences, businesses, critical infrastructure, public access points and simil ar locations. Public utility properties (e.g., stormwater, water, sewer) are environmentally and operationally sensitive and generally closed to the public or have limited access for safety, environmental and security reasons.
(c) Public rights -of-way and public property are generally intended for public use and travel. The City Council is the authority for rights -of-way within the city; as such, the city must consider the safety of motorists and pedestrians travelling on roadways, alleys, and sidewalks, including to and from neighboring properties, businesses, and residences.
(d) Publicly accessible areas under the jurisdiction of the City of Sanger should be readily available and usable for the safe, healthy, and peaceable enjoyment of the public at large. The use of public areas for camping purposes or storage of personal proper ty interferes with the rights of others to use and access these areas in a safe, healthy, and peaceable manner within the purposes for which they are intended.
(e) The City is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this Ordinance to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found on public property
Sec. 38-251. - Definitions.
The following definitions apply to the use of these terms for purposes of this chapter:
“Abatement” means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process in this Ordinance.
71 01484.0001 2045311.1 Page 3 of 10
“Camp” or “Camping” or “Encampment” mean to place, erect, maintain, pitch or occupy camp facilities and/or to use camp paraphernalia on public property except as permitted by the City. An activity shall constitute camping when it reasonably appears, in light of all circumstances, the participants in conducting these activities are using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. Encampment includes any camp materials or paraphernalia and personal property associated with or located in or around the structures or tents “Camp facilities” means, but is not limited to, tents, huts, or other temporary physical shelters, including, but not limited to, cots, beds, sleeping bags, hammocks or bedrolls.
“Camp materials or paraphernalia ” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, non-city-designated cooking facilities and similar equipment, cardboard boxes, blankets, chairs, cooking equipment, ice chests, shopping carts, wagons and similar items , as wellas recreational vehicles, trailers, or mobile homes when actually used or intended for human habitation on public property without authorization.” .
“Camp Site” means any location public property where camping materials are in place.
“Enforcement Officer” means an City employee vested with authority to enforce the Sanger City Code and peace officers. See Sanger City Code Section 1-21.
“Park” means any public area owned by the City and used for passive or active recreational purposes.
“Personal Property” means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents, and medication.
“Public property” means any publicly owned, maintained, or operated property in the city whether improved or unimproved. It includes, but is not limited to, any of the following: public parks, public alleyways, public parking lots, public passageways, public rights -of-way; publicly owned or maintained landscaped areas or greenbelts, sidewalks, curbs, walls, fences, utility equipment boxes ; public facilities ; City buildings ; public educational institutions or other government-owned public properties located within the city.
“Recreation Area” means a playground, swimming pool, recreation center, or any other area in the City, owned or used by the City, and devoted to active or passive recreation.
“Sleep” means sleeping in or on any public property or in, on or under any parked vehicle, including any automobile, bus, truck, or vehicle parked on any of the streets, sidewalks, alleys, public rights-of-way, parks, or any other public property within the city.
“Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. Moving personal property to another location where storage is prohibited under this O rdinance shall be considered storage and does not constitute removing personal 72 01484.0001 2045311.1 Page 4 of 10
property from a location prohibited under this Ordinance. “S
treet” means, but is not limited to, all highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
“Unattended” means no person is present with the Personal Property who asserts or claims ownership over the Personal Property. Conversely, property is considered “ Attended” if a Person is present with the Personal Property and the Person claims ownership over the Personal Property.
Sec.
38-252. - Unauthorized sleeping, camping, and storage of personal property on public property.
(
a) It is unlawful for any person to sleep in a City public park between the hours of 10:00 p.m. and 7:00 a.m.
(b
) It is unlawful for any person to sleep under /or in any parked vehicle, including any automobile, bus, truck, or vehicle parked on any of the streets, sidewalks, alleys, public rights-of-way, or on any other public property within the city. Sleeping does not include sleeping at a park between 7:00 a.m. and 10:00 p.m.
(
c) It is unlawful for any person to camp or establish or maintain a n encampment or to store personal property in a manner that materially interferes with the intended public use of any public property within the City, unless expressly authorized by law or permit. For purposes of this section, camping’ does not include incidental recreational uses, such as umbrellas, sunshades, or picnic equipment during park hours, or the temporary use of structures pursuant to a City-issued permit.
(d
) It is unlawful to camp or sleep within 200 feet of any posted notice to vacate or other official signate designating a location for encampment clearance or otherwise prohibiting sitting, sleeping, lying, camping, or placing personal property in that location. (
e) The c ity shall adhere to State law as it pertains to mobile and sidewalk vendors.
S
ec. 38-253. - Exceptions. This Ordinance shall not apply to the following:
(
a) Any person sleeping or camping in a specified camping area designated by the city. The City Council may, by resolution, establish one or more specified camping areas. Such camping areas, if any, may be located on public property. (b
) Any person sleeping or camping in an area authorized or approved by the City Manager or in an area that involves camping approved or sponsored by the city. (
c) This definition shall not include any Personal Property that, pursuant to statute, ordinance, 73 01484.0001 2045311.1 Page 5 of 10
permit, regulation, or other authorization by the City or state, is stored with the permission of the City or state on real property that is owned or controlled by the City S
ec. 38-254. – Obstruction of Public Access to Sidewalks, Trails, Public Facilities, and Other Public Rights of Way, and Other Public Offenses.
(
a) No individual shall intentionally obstruct the free passage of pedestrians, bicycles, wheelchairs, or vehicles on a street, sidewalk, alleyway, trail, entrance to public facilities or buildings, or other public right of way, in a manner that renders the area impassable or unreasonably interferes with public access, including access required under the Americans with Disabilities Act of 1990, or as amended. For purposes of this section, “obstruction” does not include incidental or temporary conduct, such as resting, carrying personal items, or lawful permitted activities, unless such conduct creates a material impediment to safe passage
(b
) An Enforcement Officer may remove personal property only where:
a. T
he property is abandoned, presents an immediate threat to public health or safety, or constitutes evidence of a crime or contraband; or
b. The property is unlawfully obstructing public access and the individual responsible has been given reasonable notice and an opportunity to remove it voluntarily. (
c) This section shall not be construed to prohibit activities expressly authorized by permit, license, or other lawful authorization issued by the City or another governmental authority with jurisdiction.
S
ec. 38-255. - Suspension of Enforcement.
T
he City Manager, or designee, is specifically authorized to modify or suspend enforcement of any section or part of this Ordinance in the event of a declared emergency, pursuant to administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the C ity Manager’s authority, regardless of whether an emergency has been declared. In addition, the C ity Manager may suspend the enforcement of regulations contained in this Article when the City Manager, or designee, has determined a person does not have access to shelter and is engaged in case management or behavioral health services, or when necessary or appropriate to respond to a person’s disability, or as further set forth in city’s administrative policies implementing this ordinance adopted by the City Manager, or designee.
S
ec. 38-256. - Methods of Enforcement Not Exclusive.
M
ethods of enforcement for violations of this Ordinance are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate. However, the intent of the C ity is to always resolve violations at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved .
Sec. 38-257. - Abatement of Encampments, Camp Facilities, and Materials. 74 01484.0001 2045311.1 Page 6 of 10
The City may remove personal property, camping paraphernalia, and all other personal property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures:
(a) Notice Required Prior to Abatement
(1) Written Notice of Clean -Up will be posted on each tent or structure and in any other visible areas of the encampment providing notice of the date of clean- up and giving a minimum of 48 hours for persons to remove their personal property. The written notice shall also include the following statement, which may be updated by the City Manager to provide accurate and current information:
“You must remove your belongings from the site within 48 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City. The City will post an Impound Notice if belongings are stored during the clean-up process.
If you think your belongings were stored, you can claim them by calling 876-6300 extension 5600. You may retrieve any stored belongings without being asked about your criminal background or outstanding warrants.
You may access shelter or services, including access to storage for your personal belongings, through the City of Sanger’s website or by calling 876- 6300 extension 1500.”
(b) Conducting Abatement
(1) After 48 hours, the City Manager shall conduct abatement of the site on the date posted on the Notice of Clean -Up. If abatement is delayed or rescheduled, the City Manager may conduct abatement within 48 hours of the posted Notice of Clean- Up without reposting a new Notice of Clean-Up. If abatement is delayed longer, the City Manager shall repost the Notice of Clean-Up with a new date.
(2) The City shall follow these additional procedures when persons are present at an encampment during abatement:
(i) The City shall attempt to provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The City Manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.
(ii) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site.
(3) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person 75 01484.0001 2045311.1 Page 7 of 10
requests the personal property be discarded or entrusted to another, all personal property of apparent value will be impounded by the City in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City shall follow the abatement process in this Division.
(4) The City shall document the abatement process as follows:
(i) photograph or video record the site before any abatement begins,
(ii) open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage or contain hazardous or illegal substances, then close,
(iii) set out items contained in bags or suitcases, and photograph the items,
(iv) photograph or video record all items to be stored,
(v) photograph or video record the cleanup process, and
(vi) photograph or video record the site after abatement has concluded.
(5) Unclaimed items found in abatement shall be eligible for storage if:
(i) circumstances indicate that the item belongs to a person,
(ii) the item has apparent utility in its current condition and circumstances, and
(iii) the item can be safely retrieved from the site.
(c) Items Eligible for Storage
Examples of items potentially eligible for storage include identification and associated paperwork; bank statements and legal paperwork; eyeglasses; medication stored in medication bottles with identifying information; art, art supplies and musical instruments, operational wheelchairs, walkers, crutches and other medical equipment; backpacks, purses, suitcases and the like; and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility.
The City shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 90 days and then may be disposed of, recycled, or reused following the process in the Sanger City Code
(d) Items Not Eligible for Storage
An item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:
76 01484.0001 2045311.1 Page 8 of 10
(i
) hazardous, including items contaminated with human waste or bodily fluid; soiled items likely to expose others to disease; toxic sharps such as needles, scissors, and knives; chemicals such as bleach paint, oils, etc.; animal waste; or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;
(
ii) likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud practically un -storable, due to large size, weight, or other similar characteristic;
(
iii)Items infested by rodents and insects;
(iv) personal belongings that are comingled or littered with needles, human waste, or other health risks;
(v
) contraband or stolen; or
(v
i) is on the City Manager’s current list of common types of items that, in the experience of City staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.
(
e) Posting Required. After abatement has concluded and when eligible items are collected and will be placed in storage, the City shall post notices at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the City’s website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person may retrieve stored items without inquiry into the person ’s criminal background or outstanding warrants.
(f) E
xpedited Abatement for Exigent Circumstances. In an expedited abatement, the City shall follow the same abatement and storage procedures above but shall post a Notice of Clean-Up giving a reasonable amount of time to clean the encampment and remove personal property as is necessary to abate the exigent circumstance that includes, but is not limited to: immediate notice and removal, or equal to or less than 24- hours’ notice for all persons to remove their personal property.
(1
) The City Manager shall prioritize and expedite the removal of an encampment if:
(i
) the City receives direction from County of Fresno or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or (
ii) City enforcement personnel observe or reasonably suspect the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.
77 01484.0001 2045311.1 Page 9 of 10
(g) Abandoned Personal Property.
(1) Any personal property or possessions located on Public Property that are unattended and whose owner cannot be readily identified are presumed to be abandoned and, pursuant to Civil Code section 2080.7. Enforcement Officials shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause their removal. Any personal property or possessions found during the abatement process in this Ordinance shall first be stored as required by that section.
(2) Unattended personal property or possessions that are unsanitary or verminous may be summarily abated and destroyed. Unattended personal property or possessions that are not summarily abated or destroyed under this section may be disposed as authorized by this code for abandoned or unclaimed property.
Sec. 38-258. - Violations
This Ordinance may be enforced in accordance with Chapter 1, Article II of the Sanger Code relating to Code Enforcement Authority and Procedures. Particular reference is hereby made to Sanger City Code Section 1- 23 relating to enforcement via misdemeanor , infractions, administrative citations, and civil action.
Sec. 38-259. - Enforcement.
Before enforcement actions are taken in respect to this Ordinance, the enforcement personnel shall make a good faith effort for voluntary compliance by contacting the person violating this Ordinance and providing a reasonable opportunity to cure or remedy the alleged violation.
Enforcement personnel shall make a good faith effort to determine whether the person subject to enforcement has been referred to service providers and/or local non-profit assistance organizations and make a referral if it appears none has been made. The following shall be communicated to the person in a manner designed to help them understand the alleged violation:
(1) A written or verbal description or identification of the activity constituting the alleged violation and identification of the recipient as being the person responsible for the violation;
(2) A written or verbal statement that the enforcement personnel has determined the activity to be a violation;
(3) A written or verbal statement of the action required to fix the violation and the time and/or date by which the violation must be fixed; and
(4) A written or verbal statement advising that if the violation is not fixed within the time specified, enforcement actions may be imposed.
78 01484.0001 2045311.1 Page 10 of 10
SECTION 3. California Environmental Quality Act. This Ordinance is exempt from the California Environmental Quality Act (“ CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 5. Effective Date. This Ordinance s hall become effective thirty (30) days from its
adoption.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Sanger, pursuant to all legal requirements.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger
held on _________________ , and was passed and adopted at a regular meeting of the City Council held on _________________ by the following vote:
AYES
:
NOES:
ABSENT:
ABSTAIN:
ATTES
T: APPROVED:
________________________ _________________________
L
ina Martinez, City Clerk Frank Gonzales, Mayor
79