Cities Index.
Agenda, regular meeting

Sanger City Council
October 16, 2025

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Agenda, regular meeting
Meeting
October 16, 2025
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Sanger City Council
Pages
32
Original file
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Text extracted from the city's file for reading and search. Open the original on www.ci.sanger.ca.us. That file is the official record.

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 161
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 16th day of October 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTESTED

Lina Martinez, City Clerk
162

SOUTH INDIANOLA AVENUE

EDGAR AVENUE

EAST ANNADALE AVENUE
EXHIBIT "B"

BASIS OF BEARINGS

CIVIL ENGINEERS I LAND SURVEYORS
P. 559-320-0344 I F. 559-320-0345 I WWW.GATEWAYENG.COM
405 PARK CREEK DRIVE, CLOVIS, CA 93611-4435
N
LEGEND
TRACT NO. 6493 REORGANIZATION

ANNEX TO CITY OF SANGER DETACH FROM FRESNO COUNTY FIRE
PROTECTION DISTRICT, KINGS RIVER CONSERVATION DISTRICT.

VICINITY MAP

EAST NORTH AVENUE

PRELIMINARY

REVIEW DRAFT
163

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.
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City of Sanger

Page 2 ends

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.

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City of Sanger

Page 3 ends

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
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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"
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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.

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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.

169
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

170

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 171
Derek Sylvester
City of Sanger
No. 2024-01

Page 2 ends

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

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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

175

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 176
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.

177
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 178
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 179
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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. Prior 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. All construction and improvements shall be in strict conformance with City of Sanger code, ordinance, and policy.

22. Any trenches cut in public streets shall be backfilled, compacted, and resurfaced with rock base and 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. Electrical service secondary splice boxes shall be subsurface type. Secondary Service pedestals are not acceptable.

24. All 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. The 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. Any 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. Prior 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. The 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 subdivision.

29. Approval 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. Approval of this tentative tract map, including the conditional use permit approval, is valid for two (2) years 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.

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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:

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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.

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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) North Avenue/McCall Avenue: Construct roadway widening sufficient to provide dedicated left-turn lane on the southbound approach (125’ Minimum Length, to be confirmed with Fresno County) 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. In 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) Jensen Avenue/McCall Avenue: 19.1%
b) Jensen Avenue/Bethel Avenue: 4.2%
c) 9
th 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%

The 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. The 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. Developer 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. Developer shall provide a preliminary title report, legal description, and drawings for all dedications required which are not within the limits of the subdivision.

7. The 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 standard cobrahead design. Streetlights on interior streets shall be decorative design. Streetlights at traffic signal 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.

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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:
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a) Construct 24” sewer in Bethel Avenue from North Avenue to ¼ mile south of North Avenue, connecting to the proposed sewer line being installed with Tract 6431.

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 those costs above those required to install an 8” diameter pipeline, through a Improvement and Credit/Reimbursement Agreement.

3. The 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. The Developer shall install sanitary sewer mains of the size and in the locations indicated below:

a) Interior Streets: Install 8” sewer mains throughout development.

5. The Developer shall dedicate a minimum 20’ wide easement for all onsite sewer mains not located in otherwise dedicated rights-of-way.

6. The Developer shall install one (1) 4” sewer service house branch to each lot within the development in accordance with City Standards.

E. Water Improvements

1. The 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. The Developer shall identify and abandon all existing water wells per City Standards and any other governing regulations.

3. The nearest water mains currently available to serve the development are:

a) 12” 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.

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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.

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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 187
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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. Developer’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. Grade 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. Prior 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. The 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. Parks, Landscaping and Irrigation

1. The 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. The 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. All park improvements shall be installed and accepted for maintenance by the City prior to granting the 100
th certificate of occupancy.. If the subdivision is phased, the park shall be fully completed with the first phase.

4. The 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.
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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.

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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; 190
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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).

Masonry 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. All fences and walls on corners (intersections) shall meet the sight triangle regulations in the zoning ordinance for height and distance from the corners.

I. Fresno County Road Maintenance and Operations Division

1. The full road right-of-way width of North Avenue along parcel frontage is required to be annexed to the City of Sanger.

2. The full road right -of-way width of Indianola Avenue along parcel frontage is required to be annexed to the City of Sanger.

3. 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.

J. Fresno County Environmental Health Division

1. Construction 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. Construction permits for the proposed development are subject to confirmation the City of Sanger’s system has sufficient capacity at the time of construction.

3. Development, including construction, shall comply with the City of Sanger Municipal Code and the Fresno County Noise Ordinance Code.

4. All 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. 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.

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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
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ATTACHMENT D

Initial Study/Mitigated Negative Declaration
Tract 6493
SCH No. 2025061144
Available online at: https://www.ci.sanger.ca.us/464/Notices 193
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: 10/16/2025
Agenda Item No.: G-3

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council m embers
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

Attachments: 1. Proposed Ordinance

CONFLICT OF INTEREST:

None Known

RECOMMENDATION:

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.

EXECUTIVE 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.

BACKGROUND:
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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.

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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.

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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.

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“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 well as 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 198
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property from a location prohibited under this Ordinance.

“Street” 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.

S
ec. 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 city shall adhere to State law as it pertains to mobile and sidewalk vendors.

Sec. 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, 199
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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

Sec. 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 ar ea 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. The 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.

Sec. 38-255. - Suspension of Enforcement.

The 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.

Sec. 38-256. - Methods of Enforcement Not Exclusive.

Methods 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.

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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 201
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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:
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(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

(vi) 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) Expedited 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.

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(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.

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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 shall 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 October 2, 2025, and was passed and adopted at a regular meeting of the City Council held on _________________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________ _________________________
Lina Martinez, City Clerk Frank Gonzales, Mayor

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