As Amended by the Planning Commission June 16, 2005 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP APPLICATION NO. 2002-28 NANCY ABDALLAH Department of Public Works 1. The recorded parcel map shall be prepared by a licensed land surveyor or a registered civil engineer. 2. All existing non-public facilities and/or utilities that do not have lawful authority to occupy the road right-of-way shall be relocated onto private property upon the request of the Department of Public Works. 3. All structures not shown on the tentative parcel map shall be removed prior to the parcel map being recorded. 4. All easements shown on the tentative parcel map shall be shown on the final parcel map to be recorded. 5. A 30-foot wide public utility easement from Sonora Road to Parcels 1", 2", 3, 4", 5", 6", and 7" shall be on the parcel map to be recorded. 6. An approved 30-foot access easement, as per the Subdivision Ordinance, Section 20.52.170, from Sonora Road to Parcels 1", 2", 3, 4", 5", 6", and 7" shall be shown on the parcel map to be recorded. 7. The 100-foot wide Oakdale Irrigation District (OID) Canal shall be shown on the final parcel map to be recorded. 8. The 100-foot wide South San Joaquin Irrigation District (SSJID) Canal shall be shown on the final parcel map to be recorded. 9. A statement that the access roads will be private and not maintained by Stanislaus County shall be shown on the final parcel map to be recorded. 10. Written approvals from the South San Joaquin Irrigation District (SSJID) and the Oakdale Irrigation District (OID) shall be provided prior to the final parcel map being recorded that acknowledges use of SSJID s bridge and OID s two bridges for unrestricted access purposes to all parcels of Tentative Parcel Map No. 2002-28 is permitted.

PM 2002-28 Conditions of Approval June 16, 2005 Page 2 Planning and Community Development 11. The developer shall pay all applicable Public Facilities Impact Fees and Fire Protection Development/Impact Fees as adopted by Resolution of the Board of Supervisors. For the Public Facilities Impact Fees, the fees shall be based on the Guidelines Concerning the Fee Payment Provisions established by County Ordinance C.S. 824 as approved by the County Board of Supervisors on March 11, 2003, and shall be payable at the time determined by the Department of Public Works. 12. Any construction resulting from this project shall comply with standardized dust controls adopted by the San Joaquin Valley Air Pollution Control District. 13. The subdivider is required to defend, indemnify, or hold harmless the County, its officers and employees from any claim, action, or proceedings against the County to set aside the approval of the map as set forth in Government Code Section 66474.9. The County shall promptly notify the subdivider of any claim, action, or proceeding to set aside the approval and shall cooperate fully in the defense. 14. Prior to the issuance of the Notice of Determination, the applicant shall pay, within five working days of Planning Commission approval, a filing fee of $50.00 to Stanislaus County Clerk/Recorder care of the Planning Department. Should the "De Minimis" finding be found invalid for any reason, the applicant/developer shall be responsible for payment of Department of Fish and Game Fees. 15. Pursuant to Section 404 of the Clean Water Act, prior to construction, the developer shall be responsible for contacting the US Army Corps of Engineers to determine if any "wetlands, "waters of the United States, or other areas under the jurisdiction of the Corps of Engineers are present on the project site, and shall be responsible for obtaining all appropriate permits or authorizations from the Corps, including all necessary water quality certifications, if necessary. 16. Pursuant to the federal and state Endangered Species Acts, prior to construction, the developer shall be responsible for contacting the US Fish and Wildlife Service and California Department of Fish and Game to determine if any special status plant or animal species are present on the project site, and shall be responsible for obtaining all appropriate permits or authorizations from these agencies, if necessary. 17. Pursuant to Section 1600 and 1603 of the California Fish and Game Code, prior to construction, the developer shall be responsible for contacting the California Department of Fish and Game and shall be responsible for obtaining all appropriate streambed alteration agreements, permits or authorizations, if necessary. 18. Pursuant to State Water Resources Control Board Order 99-08-DWQ and National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002, prior to construction, the developer shall be responsible for contacting the California Regional Water Quality Control Board to determine if a "Notice of Intent" is necessary, and shall prepare all appropriate documentation, including a Storm Water Pollution Prevention Plan (SWPPP). Once complete, and prior to construction, a copy of the SWPPP Pollution Prevention Plan shall be submitted to the Stanislaus County Department of Public Works.

PM 2002-28 Conditions of Approval June 16, 2005 Page 3 19. The final recorded map shall contain the following statement: All persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences associated with the agricultural operations, such as noise, odors, flies, dust or fumes. Stanislaus County has determined that such inconveniences shall not be considered to be a nuisance if agricultural operations are consistent with accepted customs and standards. 20. Prior to the issuance of building permits for a dwelling, the owner/developer shall pay a fee of $339.00 per dwelling to the County Sheriff s Department. 21. In the event the subject property is transferred so that title to the whole is no longer held by a single owner or group of owners, the new owner or group of owners of each parcel, as successors in interest of owner, shall execute a new Williamson Act Land Contract in identical terms and conditions so that at all times each parcel separately owned will be under individual contract executed by all owners of, and holders of security interests in, the particular parcel. 22. Prior to issuance of building permit(s), the applicant/developer shall contact the California Department of Forestry (Sonora Division) to see if an automatic engineered fire sprinkler system should be in installed in any building having a total floor area under one roof of 120 square feet or more, including all horizontal projections. Department of Environment Resources 23. Each parcel shall have an independent water supply. Prior to issuance of a building permit, each parcel shall have its own well. A drilling permit shall be obtained from the Department of Environmental Resources. South San Joaquin Irrigation District 24. All existing recorded South San Joaquin District easements and instrument numbers shall be shown and identified on the survey map prior to its recording. 25. To ensure that the proper easements are shown, a signature block for the District shall be placed on the plans with the following statement: The easements for SSJID as shown on this map are correct and SSJID approves of the filing of this map. 26. The landowner may not install fencing or gates within the easement areas. 27. The landowner may not plant trees or other crops within the easement areas. 28. The landowner may not otherwise interfere with the District s unrestricted access to the easement areas with labor and equipment at all times and without notice.

PM 2002-28 Conditions of Approval June 16, 2005 Page 4 29. Require the applicant to enter into an agreement with the District in order to use the bridge access as a condition of approval and prior to sale the of any parcels. 30. The applicant is required to provide separate access to the parcels, apart from the District s easement areas. 31. The owner may not use the District s access easement areas for purposes other than agricultural and cattle grazing. 32. The recorded Drainage Easement in favor of South San Joaquin Irrigation District shall be shown on the parcel map with the stipulation that no permanent residential access or any improvements shall be allowed in this area. 33. Owners may not use the District bridge for general access and an alternate access will be required for any proposed permanent residential access to the parcels. 34. The owner shall obtain permission from Oakdale and South San Joaquin Irrigation Districts to construct any additional crossing of District easement or facilities. 35. The owners may not use District water. 36. The current owner shall disclose to prospective buyers the restrictions placed upon the development and use of the property in the vicinity of the South San Joaquin Irrigation District s easement. The following conditions shall be denoted on the map: 37. The owner shall be required to fence all access to the District canal and road access easement at their expense and shall not be allowed to block District access in any way. Any fencing within the District s easement will require District s approval and an encroachment agreement. 38. Acknowledgment and disclosure on the map that newly created parcels will not have access or entitlement to water or drainage services from the District. 39. No drainage of sewage, fuels, pesticides or other substances which would affect the District s use of the water for irrigation and drinking water will be allowed within the drainage area of the District s Main Canal. 40. All future owners of the parcels shown hereon are hereby made aware that certain restrictions relative to the South San Joaquin Irrigation District facilities apply. Said restrictions are incorporated within the agreement dated September 8, 1992, between said District and the current owner at that time and binding successors (the parties, and their respective assigns, successors interest, personal representatives, estates, heirs, and legatees).

PM 2002-28 Conditions of Approval June 16, 2005 Page 5 Stanislaus Consolidated Fire Protection District 41. No development without approved fire department access and water for fire protection. Oakdale Rural Fire District 42. All parcels must be accessible for emergency vehicles, consistent with County road standards. 43. Should development of these parcels occur, an $800 per parcel shall be paid at the time of permitting to the Rural Water Delivery fund. 44. All new structures will be subject to standard development fees at the time of permitting. Oakdale Irrigation District 45. Statement shall be placed on the tentative parcel map: Written approvals from the SSJID and OID shall be provided prior to the final map being recorded. Said approvals shall recognize the use of SSJID s bridge and OID s two bridges for the unrestricted access to all parcels of Tentative Parcel Map Application No. 2002-28. Stanislaus County Environmental Review Committee 46. Prior to issuance of a building permit, access to each proposed parcel shall be to a road designed and built to County Standards and bridges shall be designed and engineered to Caltrans Standards. 47. Prior to final parcel map being recorded, a homeowner s association shall be formed and the necessary documents recorded that specify maintenance of all private access roads will be the sole responsibility of the property owners. A copy of the recorded homeowner s association shall be provided to the Department of Public Works and the Department of Planning and Community Development. Mitigation Measure 1. The vernal pool and 100-foot buffer located on Parcel 4" shall be shown on the parcel map to be recorded and an easement shall be recorded prohibiting construction in this area without prior authorization from the United States Fish and Wildlife Service and/or United States Army Corps of Engineers prior to recording the parcel map. ****** CM/er (I:\Staffrpt\PM\2002\PM 2002-28 Abdallah\pm2002-28-NancyAbdallah.sr.wpd)