Fowler City Council
August 5, 2025

agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Developer’s insurance and shall not contribute with it. iii. Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein. iv. Developer grants to the City a waiver of any right to subrogation which any insurer of said Developer may acquire against the City by virtue of the payment of any loss under such insurance. Developer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
v. Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler Risk Services. The City may require the Developer to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Developer shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to execution of this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Developer’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Developer’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.
d. Maintenance of Insurance. If Developer fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Developer, and the Developer shall pay the cost thereof to City upon demand, and City shall furnish Developer with any information needed to obtain such insurance.

Moreover, at its discretion, City may pay for such insurance with funds otherwise due Developer under this Agreement.
e. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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EXHIBIT C

SCHEDULE OF PERFORMANCE
Date Day Task Description
August 5,
2025
0 Agreement
Executed by
City
At a duly noticed public meeting, the
Fowler City Council will authorize the City
Manager to execute an Agreement that has
already been executed by Developer.

August 11 6 days after
City’s execution
Delivery to
Developer
City shall deliver one (1) fully executed
original Agreement to Developer.

August 15 10 days after
City’s execution
Developer
Improvements
Developer shall notify City if any
Developer Improvements are planned.

September
5, 2025
30 days after
City’s execution
Submission of
Development
Plans for an
Entitlement
If a Site Plan Review or any other
entitlement is required, these documents
must be submitted by this date.

TBD 30 days after
entitlement
approval
Submission of
Development
Plans for a
Building Permit
Once an entitlement is approved, or if no
entitlements are required, an application,
plans, and related documents must be
submitted to the City by this date.

TBD 30 days after
receipt
Resubmittal by
Developer
Whenever revisions to the Development
Plans are provided to Developer by the
City, resubmittal of such plans must occur
within this timeframe.

TBD 30 days after
issuance of a
Building Permit
Developer
Improvements
Underway
Once Development Plans are approved,
Developer must have a building permit
issued and work on the Developer
Improvements underway by this date.

May 5,
2026
9 months after
City’s execution
Developer
Improvements
Complete
A final building permit must be issued by
this date.
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Section 9, Item E

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 5, 2025
FROM: DAWN E. MARPLE, City Planner
SUBJECT: AUTHORIZE the City Manager to enter into an agreement with County of Fresno for the implementation of the Community Development Block Grant (CDBG) Program for the year 24-25 for the Fowler Panzak Park ADA Improvements Project funds.

EXECUTIVE SUMMARY
This action would authorize the City Manager to execute the agreement between the County of Fresno and the City of Fowler for the use of CDBG funds for the Fowler Panzak Park ADA Improvements Project.

BACKGROUND
Funding & Prior Direction to Staff
The City of Fowler participates in the Urban County Community Development Block Grant (CDBG) program, administered by the County of Fresno through a Joint Powers Agreement (JPA). The current JPA is active from July 1, 2024, through June 30, 2027. As a participant, the City receives an annual CDBG allocation to support community development projects.

In addition to its annual allocation, the City has Program Income funds, which the City Council has directed Staff to use—alongside the Urban County allocation—for improvements to Panzak Park, its immediate perimeter, and nearby ADA curb ramps on Merced Street. The City's Program Income fund balance is approximately $968,800. However, after setting aside 20% for the County’s administration and NEPA environmental documentation, the available balance is approximately $775,000 in Program Income funds.

At the April 16, 2024, City Council meeting, the Council directed Staff to allocate approximately 66% of the Program Income funds toward ADA improvements in the downtown core.

Subsequently, at the November 18, 2024, meeting, the Council authorized Staff to proceed with ADA improvements in and around Panzak Park and along Merced Street, utilizing the entirety of the City’s CDBG Program Income and the County’s CDBG pool allocation for this project.

The City has estimated that the total cost of the Project is $1,121,781. As stated above, the City has committed approximately $775,000 in Program Income funds and will utilize approximately $202,000 of the Urban County CDBG pool allocation for the 2025-2026 156
Section 9, Item F
Program Year. These numbers are approximations and may change through an amendment with Fresno County once the fund balances are verified.

The preliminary engineer’s estimate for construction costs, subject to refinement during design, is approximately $1.1 million. After applying the CDBG Program Income and the estimated $202,000 CDBG pool allocation for the 2025-26 program year, the remaining funding gap of approximately $145,000 will be covered by available Measure C local funds.

Anticipated Scope of Work
 Reconstruction of certain ADA curb ramps at 2nd, 3rd and 4th Streets.  Installation of ADA-compliant parking with accompanying ramps along 2nd and 3rd Streets.
 New ADA-compliant paths connecting different areas within Panzak Park.  Replacement of playground surfacing for facilitate wheelchairs and other mobility devices.
 Installation of a new ADA-compliant drinking fountain.  Sidewalk and streetscape improvements including curbs, gutters, and tree wells.  Streetlight improvements along 2nd, 3rd, and Merced Streets.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
CEQA
The improvements associated with the project would be exempt from further environmental analysis pursuant to California Environmental Quality Act Section 15302 (Replacement or Reconstruction) and 15303 (New Construction or Conversion of Small Structures). The improvements would result in the repair and replacement of existing facilities, with other minor public infrastructure improvements also being added to the existing park and its surrounding area. None of the improvements would result in the expansion of the use, nor would they result in any potential to significantly impact the environment. Should the project be approved, a Notice of Exemption would be filed with Fresno County and posted on the State Clearinghouse website.

NEPA
As a federally funded project, compliance with the National Environmental Policy Act (NEPA) is required. Fresno County is administering this CDBG funded project and will prepare the NEPA analysis and findings.

GENERAL PLAN CONSISTENCY
Goal CDES-3
Downtown Fowler is preserved and enhanced as the primary cultural and civic core of the community.
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Policy PF-6
Prepare and maintain resources and mechanisms to adequately plan for, develop, and maintain public facilities.

Policy CH-3
Consider pedestrian and bicyclist safety and comfort in the design and development of streets, parks, and public spaces.

General Plan Policy ED-12
Support the development of civic amenities, including community entertainment venues, community events, and other opportunities that increase quality of life, visitation, and position Fowler as a center for recreation and entertainment in Fresno County.

Goal CH-1
Opportunities for physical activity, such as walking and biking, are integrated into the built environment.

GOAL OS-4
Open space acquisition, development, programming, and maintenance is adequately and reliably funded.

Policy OS-2
The City shall develop and maintain an open space network that provides both passive and active recreation opportunities.

Policy OS-17
The City shall use a broad range of funding and economic development tools to ensure high quality development, maintenance, and programming of the City parks, trails, and recreation system.

Policy OS-19
Promote the City’s urban forest as a contributor to the local environment and community aesthetics.

Policy OS-21
Maximize tree canopy coverage on public lands and open spaces through the planting of new trees and the management and care for existing trees.

Goal MOB-1
Fowler’s streets are a safe and enjoyable environment for pedestrians, cyclists, motorists, and people of all ages and abilities.

FISCAL IMPACT
CDBG Urban County Allocation, CDBG Program Income, and Measure C local funds will be used for this project.

PROCUREMENT PROCESS
This is just an agreement between the City and the County and no procurement process is needed.
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Section 9, Item F

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachment: Draft Agreement between County of Fresno and City of Fowler 159
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30 A G R E E M E N T
THIS AGREEMENT (“Agreement”) is made this ______ day of ___________, 2025 (“Effective Date”), by and between the County of Fresno, a political subdivision of the State of California ("County"), and the City of Fowler ("City").

WITNESSETH
WHEREAS, the County has been designated as the sponsoring agency to administer and implement the Community Development Block Grant (“CDBG”) Program activities for the County, and its participating cities, in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California; and WHEREAS, CDBG funding has been made available to the County for housing and community development activities; and
WHEREAS, the City has submitted the Fowler Panzak Park ADA Improvements Project No. 24231 (“Project”) for CDBG funding; and
WHEREAS, the City has estimated that the total cost of the Project is $1,121,781, and the City has committed local funds to the Project in the amount of $355,781, and needs $766,000 in CDBG funding to complete the Project; and
WHEREAS, the County can provide $766,000 in CDBG funds needed for the Project from City-generated CDBG program income; and
WHEREAS, the Project is consistent with the objectives of the Fresno County Consolidated Plans, including the 2024-2025 Annual Action Plan and 2025-2026 Annual Action Plan.

NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the City and County agree as follows:

I. PROJECT DESCRIPTION, LOCATION AND BUDGET
A. The Project consists of accessibility improvements within an existing park, reconstructing sidewalk, curb, and gutter around the perimeter of the park, the addition of sidewalk for accessibility within the park, reconstruction of ADA curb ramps to meet current ADA standards, modification of on-street parking to provide new ADA stalls with ramps, and installation of a rubberized tile system beneath existing playground equipment. The Project is located in the 160
Section 9, Item F
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30 existing Fowler Panzak Park on the North East corner of 2nd and Merced Streets in the City of Fowler.

B. The Project site is owned by the City.

C. The work to be funded with CDBG funds is as follows:

1. Obtain all necessary permits.

2. Perform all necessary design engineering, including, but not limited to, surveying; testing; preparation of plans, specifications, and cost estimates, bid documents and a cost or price analysis; review of bids and recommendation for award.

3. Prepare and advertise Project bid notices and award construction contracts including, but not limited to, the printing of bid documents; publishing of notices; and preparation of bid summary.

4. Perform all construction engineering including, but not limited to, shop drawing review and approval; contract change order preparation; surveying; staking; inspection; soil testing; materials testing; preparation of "as-built" drawings; labor compliance; and contract administration.

5. Provide related eligible improvements.

D. The Project budget is estimated by the City as follows:

Construction $1,022,781
Design & Construction Engineering 97,000
Contingency, Permits & Misc. 2,000
Total $1,121,781
E. Notwithstanding the City’s estimates described in the above-described Project budget, payments for the Project from CDBG funds shall be limited to the City’s actual costs expended by the City, and in any event shall not exceed the total amount of $766,000. In the event CDBG funds are not sufficient, the City shall complete the Project using its own funds.

F. The proposed funding for the Project shall be provided from the following sources:

CDBG $766,000
Local Financial Contribution 355,781
Total $1,121,781
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30 G. Prior to any proposed changes that may occur which would modify the scope of the Project, the City shall submit a written request to the County. The City shall send its written request to:

Community Development Grants
County of Fresno
Department of Public Works and Planning
Community Development Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
If the Director of the County Department of Public Works and Planning (“Director”) determines the modified Project is still eligible under the Federal CDBG regulations, then the Director has the authority to modify the scope, so long as the modifications do not change the fundamental nature of the Project. The Director shall specify in a letter to the City that such modifications to the scope of the Project are authorized, and if the City may proceed.

II. OBLIGATIONS OF THE COUNTY
A. The County shall reimburse the City up to, but not more than, $766,000 in CDBG funds for the Project for the City’s performance of its obligations under this Agreement. All funds shall be paid to the City in accordance with Section V-A of this Agreement.

B. The County shall review, within thirty (30) calendar days of receipt from the City, the engineer selection process description and summary of the analysis, as prepared by the City, to verify that a competitive process was conducted in accordance with U.S. Department of Housing and Urban Development (HUD) procurement standards. If such conditions have been met, the Department of Public Works and Planning, Community Development Division (Division) shall specify in a letter to the City that these conditions have been met, and that the engineering contract can be awarded.

C. The County shall review, within thirty (30) calendar days of receipt from the City, the design plans and specifications for the Project, as prepared by the City, for compliance with Federal regulations, and the total Project cost estimate, to determine whether sufficient funds are available to complete the Project. If such conditions have been met, the Division shall specify in a letter to the City that these conditions have been met and that the Project can be advertised.

If such conditions have not been met, the Project will not move forward unless the City receives 162
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30 an approval letter from the Division.

D. The County shall also review, within twenty-one (21) calendar days of receipt from the City, the name of the low bidder, and cost or price analysis of the low bid proposal prepared by the City, to determine whether the contractor will be reasonably compensated in accordance with Federal requirements, and to verify the contractor is bonded, and has not been disbarred or suspended from participating in Federal projects. If such conditions have been met, the Division shall specify in a letter to the City that these conditions have been met, and that the contract can be awarded. If such conditions have not been met, the Project will not move forward unless the City receives an approval letter from the Division.

E. The County shall attend the pre-construction meeting between the City and the contractor to discuss labor compliance requirements for the Project, Project monitoring, and to inform the City and contractor that the County will conduct field reviews to determine whether labor compliance and other conditions of the construction contract are being met.

F. The County shall conduct periodic inspections of the Project, as may be required, in the determination of the County, that the intended use and group of beneficiaries of the Project, as identified by the City in the application, have not changed. Upon completion of the Project, but prior to the City’s acceptance of the Project, the County shall conduct a final inspection of the Project. If such conditions have been met, the Division shall specify in a letter to the City that the conditions of this Section have been met. If such conditions have not been met, the Project will not move forward unless the City receives an approval letter from the Division.

G. Notwithstanding anything to the contrary in this Section II or Section III of this Agreement, the County’s determinations and actions under this Section II and Section III of this Agreement are solely for the benefit of the County, as the provider of the CDBG funding stated herein, and do not relieve the City of its obligations, or lessen the City’s obligations, under this Agreement.

III. OBLIGATIONS OF THE CITY
A. The City shall provide any and all sums of money in excess of $766,000 which may be necessary to complete the Project. For the purposes of awarding the construction 163
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30 of the Project within the Agreement amount, the bid documents may include any proposed additive or deduct alternatives.

B. The City shall perform, or cause to be performed, all engineering work required for the Project.

C. In selecting an engineer to perform any engineering work required for the Project, the City shall go through a competitive process in accordance with Chapter 4.10 of the Ordinance Code of Fresno County, and HUD procurement standards. Prior to selection of the engineer, the City shall prepare a written description of the process, perform a cost or price analysis, and submit the process description and summary of the analysis to the Division for review. The City shall obtain a letter from the Division specifying that the conditions of this Section have been met.

D. The City shall specify in agreements with its consultants that all engineering work funded with CDBG funds shall become the property of the City upon payment by the City for the cost of such engineering work.

E. The City shall furnish evidence to the satisfaction of the Division, prior to the County’s authorization to advertise for bids, that it has free and clear title to all parcels of real property on which Project improvements will be located, with any liens or encumbrances noted, and/or that it has obtained or can obtain all necessary easements, rights-of-way, licenses, permits, and State and local approvals required for the completion of the Project.

F. Upon completion of the design engineering, the City shall submit the plans and specifications to the Division. The County shall ensure Federal CDBG requirements have been adhered to, and review cost estimates to, ensure sufficient funds are available. The City shall obtain a letter from the Division specifying these conditions have been met, and that the City is approved to advertise for bids to construct the Project.

G. The City shall advertise for bids, and shall award the construction contract to the lowest responsible bidder. At least ten (10) calendar days prior to the bid opening, the City shall notify the County of the date, time, and location of the bid opening.

H. Within seven (7) calendar days following the bid opening, the City shall 164
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30 furnish the Division with the name of the low bidder, and cost or price analysis of the low bid proposal prepared by the City, so that the County may verify with the Labor Relations and Equal Opportunity Division of the HUD Area Office that the low bidder is bonded and has not been debarred or suspended from participating in Federal projects, and that the contractor will be reasonably compensated in accordance with Federal requirements. The City shall obtain a letter from the County specifying these conditions have been met, and that the City is approved to award the Project for construction.

I. The City shall conduct a pre-construction meeting with the contractor, and shall notify the County Community Development Division at least ten (10) calendar days prior to the meeting, so a representative of the County may attend to discuss CDBG labor compliance requirements for the Project.

J. The City shall require the contractor, and all subcontractors, to submit labor compliance documentation, including Certified Payroll, in the manner specified by the County’s Labor Compliance Officer, including the use of electronic systems such as LCPtracker.

K. Prior to the construction start date, the City shall give written notice thereof, to the Division, to include a copy of the executed contract between the City and the Contractor and the Notice to Proceed.

L. Proposed construction contract change orders shall not proceed until prior written approval has been given by the County. Request for approval of a change order(s) shall include a narrative description of the work, a cost or price analysis in accordance with HUD requirements, a map depicting the location of the work addressed with the requested change order, and a written certification from the City that the approval of the change order is consistent with the final construction cost estimate approved by the County. In addition, the City shall certify that the change order is within the scope of the Project and is necessary to complete the Project.

M. The City shall send its written description of the engineer selection process, cost or price analyses, design plans, specifications, name of low bidder and low bid proposal, public notices, and all written correspondence to:
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30 Community Development Grants
County of Fresno
Department of Public Works and Planning
Community Development Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
N. The City shall comply with the mitigation measures, conditions and notes identified in Environmental Assessment No. CD24231 (the “Assessment”). A copy of the Assessment shall be provided to the City.

O. Upon completion of the Project, the City shall notify the Division, so a representative of the Division may perform an inspection of the Project to confirm that it was completed in accordance with the scope of work approved and authorized pursuant to this executed Agreement.

P. Upon approval of Project completion by the County, the City shall provide the Division with a resolution of acceptance, or similar documentation, demonstrating that the Project was completed in accordance with the scope of work approved and authorized pursuant to this executed Agreement, and any approved subsequent amendments thereto and/or change orders, and that the City has accepted the Project. Prior to the final request for payment, the City shall also provide the County with a copy of the recorded Notice of Completion (NOC), a written summary of all Project work completed with CDBG and other funds, and documentation to demonstrate compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended.

Q. During the contract period, the City shall complete and submit annually each June 1, and upon completion of the Project, a Project Outcome Measurement Report (POM) form, a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. The POM shall contain the following information for the County’s Federal reporting purposes to the U.S.

Department of Housing and Urban Development (HUD):

1. Total number of households/persons assisted.

2. Number of total households/persons assisted that:
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30 a. Now have new access to this type of public facility or infrastructure improvement.
b. Now have improved access to this type of public facility or infrastructure improvement.
c. Now are served by a public facility or infrastructure that is no longer substandard.

R. The City shall be responsible for maintenance of the Project after construction is completed, and shall perform such maintenance from non-CDBG resources.

S. The City must inform the County in writing of any program income generated by the expenditure of CDBG funds. Any program income generated as a result of the Project must be paid to the County. For purposes of this Agreement, program income is defined as proceeds from the disposition of CDBG-acquired real property, and principal and interest on CDBG loans. If the City contributed financially to the improvement Project, the City may retain a share of the program income in proportion to the City’s contribution to the Project, after the City has provided a written accounting acceptable to the County.

T. The City must obtain prior written approval from the County before making any modification or change in the use of any real property improved, in whole or in part, using CDBG funds in excess of $25,000. The City shall provide affected citizens with notice of, and opportunity to comment on, any proposed change to the use of real property improved with CDBG funds. If any real property improved with CDBG funds is sold and/or is utilized by the City for a use which does not qualify under the CDBG Program, the City shall reimburse the County in an amount equal to the current fair market value for the property, less any proportional share thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for five years after the Project is completed in HUD’s Integrated Disbursement and Information System (IDIS). In the event the CDBG program is closed out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

U. The City acknowledges that the County may periodically inspect the Project 167
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30 to ensure the property is being used as described in this Agreement. The City agrees to provide any necessary information to the County to carry out such inspections. Furthermore, the City agrees to take corrective action if the County determines that modifications to the use and location of the Project have resulted in a violation of the Federal CDBG regulations.

IV. CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS
A. The City shall, and shall cause its consultants, contractors, and subcontractors to, comply with all applicable State and Federal laws and regulations governing the Project.

B. The City must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 et. seq., and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The City shall ensure that all plans and specifications include requirements that all construction materials subject to BABA are noted as such.

C. Whenever the City uses the services of a contractor, the City shall require that the contractor comply with all Federal, State, and local laws, ordinances, regulations, and Charter of the County of Fresno provisions applicable in the performance of their work.

D. This Project is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u). Accordingly, the City shall require the prime contractor to complete and submit documentation prior to award of the construction contract, and upon Project completion, that compliance with the requirements of Section 3 of the Housing and Urban Development Act of 1968 clause have been met.

E. Non-Discrimination: The City agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 are still 168
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30 applicable.

F. Because the City is receiving at least $100,000 for this Project from the County's CDBG Program under this Agreement, the City shall complete and submit to the Division a "Certification of Payments to Influence Federal Transactions" form and a "Standard Form LLL - Disclosure of Lobbying Activities" form. Likewise, before the City awards a contract using at least $100,000 of such CDBG funds, the City shall require the consultant and/or contractor and all their sub-consultants and/or subcontractors to complete and submit these two (2) forms described herein to both the City and the County.

G. Records Retention: The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of four (4) years from the date of the submission of the County's consolidated annual performance and evaluation report to HUD in which the activities assisted under this Agreement are reported on for the final time. If there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited, and that have started before the expiration of the four-year record retention period, such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later (24 CFR 570.502, 570.503(b)(2), 570.506).

V. PAYMENT FOR THE PROJECT
A. At monthly intervals, the City shall submit a written request to the County for payment of specified costs incurred in the performance of this Agreement. The request for the County to make such a payment shall be in accordance with the exemplar Project Pay Request Form, attached as Exhibit 2, and incorporated by this reference. The request shall also be accompanied by a written certification from the City that the request for payment is consistent with the amount of work that has been completed, and that the work is in accordance with the contract documents and this Agreement. The request for payment shall also be accompanied by documentation acceptable to the County, such as invoices, or vouchers for services or materials purchased, contractor's costs, or other costs chargeable to the Project. After appropriate review and inspection, the County shall make payment from CDBG funds provided in this Agreement for 169
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30 all eligible costs specified herein up to the maximum amount payable under Section I.

B. Any savings realized in the final cost of the Project, due to Project cost and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce the amount of this Project paid for with CDBG funds, and shall be credited to the City's CDBG allocation. If the City is required to provide any funds toward the Project, any cost savings shall be first used to reimburse the City for its contribution in excess of the total amount provided by this Agreement.

C. Payment for advertising and award shall be based on the actual costs of printing and noticing.

D. The County shall not be bound by any agreement between the City and its agents.

E. Upon the completion of the Project, the City shall submit to the Division a written request for final payment of costs, which shall provide a detailed description of the Project pay items and costs. The County shall not be obligated to make any payments under this Agreement if the request for payment is submitted by the City more than sixty (60) calendar days after the NOC has been filed with the County Recorder's Office. An extension to the sixty (60) calendar day period may be granted by the Director prior to the deadline if the City can demonstrate just cause for the delay.

F. The County may withhold reimbursement of the final payment request made by the City until a final POM, recorded NOC, and written summary of all Project work completed with CDBG and other funds, and evidence of compliance with the Section 3 clause, as specified in Sections III-P and IV-D, have been submitted to the County.

G. All requests for payment and supporting documentation shall be sent to:

Business Manager
County of Fresno
Department of Public Works and Planning
Financial Services Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
[email protected] (if submitted by email) H. The City shall establish accounting and bookkeeping procedures in 170
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30 accordance with standard accounting and bookkeeping practices, including, but not limited to, employee timecards, payrolls, and other records of all transactions to be paid with CDBG funds in accordance with the performance of this Agreement. All records and accounts shall be available for inspection by the County, the State of California, if applicable, the Comptroller General of the United States, and HUD or any of their duly authorized representatives, at all reasonable times, for a period of at least five (5) years following final payment under this Agreement, or the closure of all other pending matters, whichever is later. The City shall certify accounts when required or requested by the County.

I. The City, as a sub-recipient of Federal financial assistance, is required to comply with the provisions of the Single Audit Act Amendments of 1996 (31 U.S.C. Sections 7501 et seq.). Whenever the City expends and/or receives CDBG funds from the County for the Project, a copy of any audit performed by the City in accordance with said Act shall be forwarded to the County Community Development Grants Program Manager within nine (9) months of the end of any City fiscal year in which funds were expended and/or received for the Project. Failure to perform the requisite audit functions as required by this paragraph may result in the County performing any necessary audit tasks, or, at the County's option, the County contracting with a public accountant to perform the audit. All audit costs related to the City's failure to perform the requisite audit are the sole responsibility of the City, and such audit work costs incurred by the County shall be billed to the City, as determined by County’s Auditor-Controller/Treasurer-Tax Collector. In the event the City is only required to perform an audit under the provisions of the Act because the City is receiving CDBG funds, the County may perform, or cause to be performed, the required audit to determine whether funds provided through this Agreement have been expended in accordance with applicable laws and regulations. Any audit-related costs incurred by the County under this provision shall be charged to the County CDBG Program. The City agrees to take prompt and appropriate corrective action on any instance of material non-compliance with applicable laws and regulations.

J. The City shall send a copy of the audit to:
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30 Community Development Grants
County of Fresno
Department of Public Works and Planning
Community Development Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
VI. INDEMNIFICATION
The City shall indemnify and hold harmless and defend the County (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the City, or any third party that arise from or relate to the performance or failure to perform by the City (or any of its officers, agents, subcontractors, or employees) under this Agreement. The County may conduct or participate in its own defense without affecting the City’s obligation to indemnify and hold harmless or defend the County. The provisions of this Section VI shall survive the expiration or termination of this Agreement.

VII. TIME OF PERFORMANCE
A. The following schedule shall commence on the date this Agreement is executed by the County:

1. Complete Design Engineering and Submit to the County for Review – September 12, 2025

2. Complete County Review and Approval of Plans – October 14, 2025

3. Begin Advertising for Bids – November 7, 2025

4. Award Contract – December 16, 2025
B. The Project shall be completed, and NOC shall be filed with the Fresno County Recorder's Office, no later than March 20, 2026.

C. The final POM Report, written summary of all work completed, documentation demonstrating compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended, and request for final payment shall be submitted to the County no later than May 20, 2026.

D. The City shall give immediate written notification to the Division of any 172
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30 events that occur which may affect the above time schedule and completion date and the time schedule specified in the contract documents, or any event that may have significant impact upon the Project or affect the attainment of the Project's objectives. The Director is authorized to adjust the above schedule if, in the Director's judgment, any delay is beyond the control of the parties involved.

E. Time is of the essence in the City’s performance of this Agreement.

VIII. BREACH OF AGREEMENT
In the event the City fails to comply with any of the terms of this Agreement, the County may, at its option, deem the City's failure a material breach of this Agreement, and utilize any remedies permitted by law that the County deems appropriate. Should the County deem a breach of this Agreement material, the County shall immediately be relieved of its obligations to make further payment as provided herein. Termination of this Agreement due to breach shall not, in any way whatsoever, limit the rights of the County in seeking any other legal relief in a court of law or equity, including the recovery of damages. In addition to the termination of the Agreement by the County due to a material breach of this Agreement by the Subrecipient, the County may also terminate this Agreement for convenience, in accordance with state and federal law.

IX. TERMINATION OF PROJECT
A. If the City wishes to cancel the Project covered by this Agreement, the City shall submit a request in writing to the Division explaining just cause for the request. The County is authorized to approve such a request if it determines there is just cause for the Project’s cancellation.

B. If the City’s request to cancel the Project covered by this Agreement is approved by the County, the City shall promptly reimburse to the County the amount of all CDBG funds provided to the City for the Project. The reimbursed amount of funds shall be credited back to the City’s CDBG allocation.

X. VENUE; GOVERNING LAW
Venue for any action arising out of or relating to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties, and all interpretation and 173
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30 performance of this Agreement shall be governed in all respects by the laws of the State of California.

XI. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City and the County with respect to the subject matter hereof, and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement.

XII. NO THIRD-PARTY BENEFICIARIES
This Agreement does not and is not intended to create any rights or obligations for any persons or entity except the parties. This Agreement is solely for the benefit of the County and the City and HUD, and there are no [other] intended third party beneficiaries of this Agreement.

XIII. AUTHORIZED SIGNATURES
The City represents and warrants to the County that:

A. The City is duly authorized and empowered to sign and perform its obligations under this Agreement.

B. The individual signing this Agreement on behalf of the City is duly authorized to do so and his or her signature on this Agreement legally binds the City to the terms of this Agreement.

XIV. ELECTRONIC SIGNATURES
The parties agree that this Agreement may be executed by electronic signature as provided in this section.

A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.

B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement 174
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30 for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.

C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).

D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation.

E. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.
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30 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth on page one of this Agreement.

CITY OF FOWLER COUNTY OF FRESNO
By: ______________________________ _______________________________ Michael Reid, City Manager Ernest Buddy Mendes, Chairman of the Board of Supervisors of the
County of Fresno
Date: _____________________________ Date: ___________________________ ATTEST: ATTEST:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
___________________________________ By:______________________________ City Clerk, City of Fowler Deputy
APPROVED AS TO LEGAL FORM:
_______________________________
City Attorney
REMIT TO:

FUND NO: 0001
SUBCLASS NO: 10000 City of Fowler
ORG NO: 7205 Attn: Michael Reid, City Manager
ACCOUNT NO: 7885 128 S 5th Street.

PROJECT NO: N24231 Fowler, CA 93291
ACTIVITY CODE: 7219 Telephone: (559) 834-3113
JA:DI
\\Pacific\pwp\7205ComDev\~Agendas-Agreements\2025\0909 Fowler Panzak Park ADA Imps, 24231_AGT.docx July 10, 2025
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Exhibit 1
County of Fresno
Project Outcome Measurement Report
18 Project #: 24231 Project Name: Fowler Panzak Park ADA Improvements The County of Fresno is required to submit information annually on each project funded with Community Development Block Grant (CDBG) funds, per U.S. Department of Housing and Urban Development (HUD) guidelines. As a recipient of CDBG funds from the County, the County requests that you provide the following information:

1. Years Reported: __________________ through ___________________

2. Enter the number of persons assisted that:
a. Now have new access to this type of public facility or infrastructure improvement: _______ or N/A
(New access to a public facility or infrastructure is when the facility did not previously exist and is provided for the first time.)
b. Now have improved access to this type of public facility or infrastructure improvement: _______ or N/A
(Improved access to a public facility or infrastructure is when the facility or infrastructure is improved or expanded, enabling the grantee to expand the number of people or type of service the facility provides.) c. Are served by this public facility or infrastructure improvement that is no longer substandard: _______ or N/A
(A public facility or infrastructure is no longer substandard when the CDBG funds were used to meet a quality standard, or measurably improve the quality of the facility or infrastructure.) (Note: The numbers of persons entered in a, b, and c, above, must add up to the total number of persons entered in question 3.)

3. Total number of persons assisted: _______

4. Please describe the accomplishments made on this project in the past year (i.e. construction progress). If the project is complete, please describe the overall accomplishments made on the project.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Form Completed By: _____________________________________________________ 177
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Exhibit 2
19 Project Pay Request
Date
Business Manager
County of Fresno
Department of Public Works and Planning
Financial Services Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
Subject: Request for Payment, CDBG Project No. _________ <City Name>
<Project Title>
In accordance with the executed Agreement for the above-referenced project, the <City Name> is requesting payment of $_______ for project costs.

The City certifies that this request for payment is consistent with the amount of work that has been completed to date, performed in accordance with the construction contract documents and the executed Agreement, and as evidenced by the enclosed invoices and supporting documents.

Payee Invoice# Amount
Sincerely,
<City Manager>
<City Name>
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CITY COUNCIL OF THE CITY OF FOWLER

REPORT TO THE CITY COUNCIL
DATE: August 5, 2025
FROM: DAWN E. MARPLE, City Planner
SUBJECT: Actions pertaining to Vesting Tentative Subdivision Map No. 6501:
i. INTRODUCE Ordinance No. 2025-04 to:
a. Find that the Project is exempt from further environmental review pursuant to CEQA Guidelines section 15183.
b. Prezone APN 343-040-26 to the zoning map designation of R-1- 7/PD-3 (Single Family Residential/Planned Development). c. Prezone the easterly adjacent parcel, City Park site (APN 343- 040-92T) to the zoning map designation of O (Open Space). d. Prezone the easterly adjacent parcel, Fowler Unified School District property (APN 343-040-89T) to the zoning map
designation of PF (Public Facilities).
e. Amend section 9.145.040, subd. (B) of the Fowler Zoning Ordinance to include an additional Planned Development
Overlay.
ii. APPROVE Resolution No. 7298 to:
a. Find that the Project is exempt from further environmental review pursuant to CEQA Guidelines section 15183.
b. Approve a Planned Development (PD).
c. Approve Vesting Tentative Subdivision Map No. 6501.
d. Initiate annexation of APN 343-040-26 (Vesting Tentative Subdivision Map No. 6501), APN 343-040-92T (City Park site), and APN 343-040-89T (Fowler Unified School District property).

EXECUTIVE SUMMARY
Approval of the Resolution would approve Vesting Tentative Subdivision Map No. 6501 and allow for the construction of 103 new single-family homes on the west side of Fowler as a Planned Development, providing for increased diversity in the housing options within the City.

Additionally, approval of the Ordinance would initiate the annexation and prezone process for the subject properties described in this report. Furthermore, the project is consistent with the goals and policies of the City’s General Plan.
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The Planning Commission considered the item at a special meeting on July 10, 2025. The Commission relayed concerns related to water supply and water pressure and by a 4-1 vote recommended that the City Council denies the Project.

BACKGROUND
In October 2024, Fowler 96 LLC (“Applicant”) submitted a tentative map application proposing to subdivide an approximately 19.86-acre parcel into 103 single-family lots (“Project”) ranging between 5,000 and 7,785 square feet. The parcel is located on the north side of East South Avenue between Sunnyside Avenue and Clovis Avenue (APN 340-040-26). The site is within the City’s Sphere of Influence but is not within the city limits; accordingly, the Project also includes a request to initiate annexation. The General Plan land use designation for the Project site is Medium Low Density Residential, which prescribes a density range of 3.7-5.5 units per acre. The site is currently zoned AE-20 (Exclusive Agricultural – Minimum 20 acres) by Fresno County. The Project also proposes to prezone the site to R-1-7/PD-3 (Single Family Residential/Planned Development) with an implementing zone district of R-2/PD-3 (Medium Low Density Residential/Planned Development).
1 The Project’s proposed density of 5.3 units per
acre is consistent with the Medium Low Density Residential designation. The Project is proposed as a Planned Development to allow for flexibility in the development standards of the Fowler Zoning Ordinance, while also proposing enhanced features and amenities above and beyond the requirements of the Ordinance that would benefit the City of Fowler. One of the amenities is the inclusion of the City Park site (APN 343-040-92T), located adjacent to the Project site. Additionally, the Local Agency Formation Commission (LAFCo) has required the annexation to include the Fowler Unified School District property in the annexation (APN 343- 040-89T), also located adjacent to the Project site.

Attachment 1 contains a regional vicinity map. Attachment 2 contains an aerial photo showing the Project site and vicinity. Attachment 3 illustrates the zoning of the Project site and surrounding parcels, including the City Park site and Fowler Unified School District site.

Attachment 4 depicts the proposed zone districts for the Project site, City Park site, and Fowler Unified School District property. Attachment 5 shows the Fowler General Plan land use designations as identified in the General Plan Land Use Map. Attachment 6 depict the proposed annexation area. Attachment 7 contains the proposed Vesting Tentative Subdivision Map No. 6501.

Land Uses and Zoning in the Project Vicinity
Land Use Zoning
North Agriculture AE-20 (County)
West Rural Residences, Agriculture AE-20 (County)
South Single-Family Residential R-1-6 (City of Fowler)
East Vacant AE-20 (County)
1 While the General Plan designation of Medium Low Density Residential indicates an implementing zone of R-1-7, the R-1-7 district on the zoning map is implemented by the R-2 base zone district standards as adopted in the City’s zoning ordinance as updated in 2024.
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Proposed Homes Within the Subdivision. The developer has not provided floor plans or elevations. If approved, the developer/builder would be required to comply with the provisions of Fowler Municipal Code (FMC) Section 9.120.060 related to single-family design criteria. The developer/builder would be required to submit elevations for consideration by the Development Review Committee prior to issuance of a building permit for any lot within the subdivision.

Planning Commission
On July 10, 2025, during a special meeting of the Planning Commission, the Planning Commission heard the item. The Commission relayed concerns related to water supply and water pressure and in a 4-1 vote recommended that the City Council denies the Project.

ANALYSIS
General Plan Conformity
The City of Fowler General Plan land use diagram designates the Project site as Medium Low Density Residential. According to General Plan Table 4-1, the Medium Low Density Residential is implemented by the R-1-7 zone district; however, as noted above, the R-1-7 zone district on the zoning map is implemented by the R-2 base zone district standards as adopted in the City’s zoning ordinance, updated in 20242. The Project would prezone APN 343-040-26 as R-1-7/PD-3 (Single Family Residential/Planned Development) on the City’s zoning map, which is consistent with the Medium Low Density Residential land use designation. The Project proposes development at a density of 5.3 dwelling units per acre, which is consistent with the Medium Low Density Residential land use designation density of 3.7-5.5 units per acre.

In addition, APNs 343-040-92T (City Park site) and 343-040-89T (Fowler Unified School District site) are designated by the City of Fowler General Plan land use diagram as Public Facilities.

The Project would prezone APN 343-040-92T to the O (Open Space) zone district and APN 343-040-89T to the PF (Public Facilities) zone district, which are consistent with the Public Facilities land use designation pursuant to General Plan Land Use Policy No. LU-2 3 and Table
4-1.

The General Plan EIR contemplates the development of the Project site, including the City Park site and Fowler Unified School District property, and considered the potential impacts that could result from such development. Pursuant to CEQA Guidelines section 15183, projects which are consistent with the City’s General Plan and General Plan EIR are not subject to further environmental analysis. If the Project is approved, the City will file a Notice of Determination with the Fresno County Clerk and the State Clearinghouse under the previously certified General Plan EIR.

Zoning
As depicted in Attachment 3 and described in Ordinance 2025-04 the Project site is currently zoned AE-20 by Fresno County. The applicant is requesting to prezone the Project site (APN 2 In accordance with Fowler Zoning Ordinance Table 9.115.030-1. 3 The O Zone District is considered compatible with the intent of the Public Facilities land use designation and is therefore determined to be consistent with the designation per the allowances under General Plan Policy LU-2. 181
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343-040-26) with the zoning map designation of R-1-7/PD-3 (Single Family Residential/Planned Development). with an implementing zone district of R-2/PD-3 (Medium Low Density Residential/Planned Development), pursuant to Table 9.115.030-1 of the Fowler Zoning Ordinance. As noted above, the proposed prezone is consistent with the Fowler General Plan land use designation of Medium Low Density Residential.

Additionally, the Project is also required to annex the adjacent City Park site (APN 343-040-92T) and the adjacent Fowler Unified School District property (APN 343-040-89T); therefore, the Project is also proposing to prezone these APNs to the O (Open Space) zone district and the PF (Public Facilities) zone district, respectively, as shown on Attachment 4.

Planned Development Overlay District
Overlay zones are established to operate in conjunction with the base zone district upon which they are mapped and to provide special development standards and allowed uses. The applicant requests to establish PD-3 as an overlay zone district on APN 343-040-26.

In addition to the zoning map reflecting the PD-3 overlay zone district Section 9.145.040 will be amended to include the planned development overlay district established by this prezone.

Prezone Findings
Section 9.110.140 provides that a prezone of property within the City’s sphere of influence, prior to annexation, has the same review process as a Zoning Map Amendment. Section 9.110.070 of the Fowler Zoning Ordinance requires the following findings to be made by ordinance prior to approval of a Zoning Map Amendment:

1. The Zoning Code or Zoning Map Amendment is consistent with the intent of the goals and policies of the General Plan.

The Project was reviewed for compliance with the goals and policies of the City of Fowler General Plan. The Project site has a Medium Low Density Residential land use designation.

According to Table 4-1 of the Fowler General Plan, the R-1-7 zone district is consistent with the Medium Low Density Residential land use designation. Table 9.115.030-1 of the Fowler Zoning Ordinance identifies the R-2 zone district as the implementing zone district for the zoning map designation of R-1-7.

Pursuant to the General Plan, the proposed Project must be developed with a density of 3.7-5.5 units per acre in order to maintain consistency with the General Plan. Vesting Tentative Subdivision Map No. 6501 proposes a density of approximately 5.3 units per acre, which meets the density provisions of the General Plan. The proposed Project is consistent with the 2040 Fowler General Plan because it proposes development consistent with its designation and proposed zone district and because it does not conflict the goals and policies of the General Plan.

Additionally, as the Project is proposing to annex the adjacent City Park site (APN 343-040-92T) and the adjacent Fowler Unified School District property (APN 343-040-89T) prezone of these properties to the O (Open Space) zone district and the PF (Public Facilities) zone district, respectively, is required. These zone districts are consistent with the General Plan land use designation of Public Facilities for these two APNs.
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2. The Zoning Code or Zoning Map Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

Along with the proposed prezone requested to the R-1-7 zone district, the Project requests the approval of a Planned Development. A Zoning Text Amendment is required to amend the Zoning Map to establish the proposed PD-3 as a new Planned Development Overlay and amend Section 9.145.040 of the Fowler Zoning Ordinance to identify R-1-7/PD-3 on the list of Planned Development Overlays. Approval of the Planned Development Overlay would facilitate the approval of a Planned Development plan to provide flexibility within the parameters of the Medium Low Density Residential Designation and R-2 (Medium Low Density Residential) zone district standards. The Planned Development standards included within conditions of approval will ensure consistency and compliance as well as compatibility with surrounding residential established uses.

The prezone of the City Park site and the Fowler Unified School District property to the O (Open Space) zone district and the PF (Public Facilities) zone district, respectively, are consistent with the General Plan land use designation of Public Facilities. Compliance with the development standards of these zone districts, at the time that development occurs, would ensure compatibility with other uses.

3. The Zoning Code or Zoning Map Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

The proposed Project would result in the development of single-family homes on lot sizes averaging 5,500 square feet (sqft) in size, with lots also being provided at larger sizes. The R-2 implementing zone district requires that minimum lot sizes be 5,700 sqft, creating a conflict with the City’s zoning code. However, the proposed Planned Development Overlay and associated Planned Development plan will provide reasonable controls and standards to allow for flexibility in the applicable development standards. The proposed R-2/PD-3 (Medium Low Density Residential/Planned Development) zone district would ensure that the Planned Development includes enhanced features and amenities above and beyond the requirements of the Code, such as the development of the adjacent City of Fowler Park site, in order to maintain compatibility with the surrounding established residential uses and ensure development will not impact sensitive land uses.

The prezone of the City Park site and the Fowler Unified School District property to the O (Open Space) zone district and the PF (Public Facilities) zone district, respectively, are consistent with the General Plan land use designation of Public Facilities. Compliance with the development standards of these zone districts, at the time that development occurs, would protect environmentally sensitive land uses.

Additionally, the Project, including prezone of the City Park site and Fowler Unified School District property, is consistent with the previously certified City of Fowler General Plan Environmental Impact Report (“EIR”). The EIR considered impacts to fish and wildlife resources within the City’s Planning Area. Buildout of the land uses analyzed under the General Plan EIR was found to not have a significant environmental effect on biological resources, including sensitive species. As such, the proposed Project, which is being developed in accordance with the City’s General Plan, would not result in substantial environmental damage or substantially and avoidably injure a fish or wildlife habitat.
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4. The Zoning Code or Zoning Map Amendment ensures protection of the general health, safety, and welfare of the community.

There is no evidence in the record that the Zoning Map Amendment from the County’s AE-20 zone district to the R-1-7/PD-3 zone district, O zone district, and PF zone district is likely to have a significant adverse impact on the public health, safety, and welfare of the community of the City of Fowler. As described above, the proposed action is consistent with the General Plan land use designations of Medium Low Density Residential and Public Facilities.

Planned Development
The purpose of a Planned Development is to provide a flexible vehicle for realizing the goals and policies of the adopted General Plan and to encourage the development of environments of greater community value than would otherwise be achieved through implementation of the primary zone regulations. Development within a Planned Development shall incorporate a program of enhanced amenities that would otherwise not be allowed or required through regulations of the base zoning district or City standards.

The Project proposes the following enhanced features in exchange for an allowance to deviate from the identified base zone district and City standards noted below. The proposed standards and enhanced features are allowed pursuant to Section 9.145.040 of the Fowler Zoning Ordinance:

Development
Standard
Proposed
Standards
Enhanced Features
60-foot local street
standards
58-foot local street Construct “Maple”
street on the north
side of the park
5% open space 0.33 acre trail along
the east side of APN
343-040-26
Construct a minimum
of 0.67 acres of the
City park site and
utilize park impact
fees to build
additional park space
as will be defined in
the final Planned
Development plan at
the Final Map stage
R-2 – lot dimensions
are 60-foot width and
95-foot depth (5,700
square feet)
50-58 foot width and
100-foot depth
(approx. 5,500
square feet on
average)
Construct curb, gutter
and sidewalk along
the eastern property
line of the City Park
site (APN 343-040-
92T)
Planned Development Findings
Section 9.65.070 of the Fowler Zoning Ordinance requires the City to make the following findings prior to approval of a Planned Development.
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1. The planned development is consistent with the adopted General Plan and any applicable specific plan.

The Project site has a Medium Low Density Residential land use designation. According to Table 4-1 of the Fowler General Plan, the R-1-7 zone district is consistent with the Medium Low Density Residential land use designation. Table 9.115.030-1 of the Fowler Zoning Ordinance identifies the R-2 zone district as the implementing zone district for the zoning map designation of R-1-7.

2. The planned development is in substantial compliance with the purpose and intent of this Title.

The purpose of a Planned Development is to provide a flexible vehicle for realizing the goals and policies of the adopted General Plan and to encourage the development of environments of greater community value. This Project would facilitate flexible design standards within the proposed Vesting Tentative Subdivision Map No. 6501 while implementing enhanced parks and open space amenities on the adjacent City Park site that would not otherwise be achieved through the standard development requirements of the base zone district. The enhanced amenities would allow for the use of the vacant park site for the community as a whole; therefore, meeting the intent of the Fowler Zoning Ordinance.

3. The proposed site is adequate in size and shape to accommodate the planned development in a manner that is compatible with existing and planned uses in the vicinity.

The Project site is adequate in size and shape to facilitate the design of Vesting Tentative Subdivision Map No. 6501 in a manner that is compatible with the adjacent City Park site and the adjacent Fowler Unified School District property. The properties to the north and south of the site are also planned for residential uses which is compatible with the proposed Project.

4. The proposed development will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the planned land uses and character of the surrounding area.

The proposed Project will be developed adjacent to existing single-family residential subdivision developments and surrounded by properties designated for future residential or public facility land uses. Development of this Project will not have a substantial adverse effect on existing and future land uses.

5. The development standards applicable to the Planned Development are clearly designated.

Development standards for the proposed Planned Development are clearly designated within the Conditions of Approval.

6. The uses allowed within the Planned Development are clearly designated.

The Planned Development does not amend the allowed uses within the R-2 base zone district, which clearly designates the allowed uses.
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7. The planned development will incorporate a program of enhanced amenities that would not otherwise be required through regulations of the base zoning district.

Such amenities may include but are not limited to additional open space and/or improvements to an existing public facility such as a park or trail.

The Planned Development will incorporate enhanced amenities in the form of additional open space and adjacent street improvements. The applicant will be required to develop a portion of the City of Fowler Park site as a condition of approval.

Tentative Subdivision Map
Vesting Tentative Subdivision Map No. 6501 proposes 103 single-family lots ranging in size between 5,000 to 7,785 square feet. This single-family residential subdivision is subject to the design standards outlined in Section 9.120.060 of the Fowler Zoning Ordinance including, but not limited to, varied front yard setbacks, varied elevations, neighborhood entry signage, neighborhood entry landscaping and perimeter tree plantings. The associated Planned Development, as proposed through establishment of the Planned Development Overlay described above, allows for limited deviations to the R-2 base zone district standards, including lot dimensions. However, enhanced amenities will be provided in exchange for an allowance to deviate from these standards.

Open Space
In February of 2010 the City of Fowler entered into an agreement with the Fowler Unified School District to purchase approximately eight (8) acres of property for City park facilities. The property is located on the west side of Sunnyside Avenue just north of South Avenue. In January of 2021, this sale was finalized and the City now owns this property (APN 343-040- 92T).

General Plan Policy OS-3 and Zoning Ordinance Section 9.165.050 (C) requires that singlefamily residential subdivisions shall include 5% open space within the boundaries of the development. Under the current proposal the Applicant would be required to develop approximately one (1) acre of open space within the boundaries of the residential subdivision.

The proposed design includes a trail along the eastern boundary of the parcel, this trail is approximately 14,443 square feet of total open space. The trail would provide about 0.33 acres of the one (1) acre needed to meet the 5% open space requirement.

As part of the Planned Development for this Project and in order to meet the 5% open space requirement, the Applicant is proposing to develop a portion of the approximately eight (8) acre City park site, APN 343-040-92T, into a neighborhood park. The Applicant would be required to develop at least 0.67 acres of APN 343-040-92T to meet the 5% open space requirement for this Project. Additionally, any park buildout on APN 343-040-92T beyond the 0.67 acres would offset park impact fees as dictated by the Quimby Act. The reduction in park impact fees would be calculated based on the cost of the build out. Accordingly, the construction of the park in exchange for reduced park fees would be considered a public work project subject to prevailing wage requirements.
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Public Infrastructure
The proposed Project would tie into water and sewer lines previously constructed and existing within West South Avenue at the southern boundary of the Project as well as sewer and water infrastructure on South Sunnyside Avenue to serve the proposed park development on APN 343-040-92T. A basin located on the northeast corner of the tract is proposed. The proposed drainage basin area shall be capable of retaining drainage associated with Vesting Tentative Subdivision Map No. 6501 during a 100-year storm event. The Project proposes to develop a minimum of 0.67 acres of the City park site, APN 343-040-92T, as discussed above.

Additionally, a trail is proposed along the eastern boundary of the subject property between the school district property and City park site.

Water
Currently the City of Fowler water system is supplied by six groundwater wells. The proposed project located in west Fowler would be supplied primarily by Well No. 8. As per the most recent City of Fowler Water Model Report prepared in 2021, the six wells have an estimated capacity of 5,935 gpm with maximum day pumping capacity of approximately 8.5 million gallons per day (mgd). As of the 2020 Census the City of Fowler had 6,700 residents and pumped an average of 221 gallons per day/per person for all municipal uses, or about 1.4 mgd. With this population and average use per person the approximate well capacity is 7.1 mgd. Adequate groundwater resources are available to meet the long-term water demand of the City; and as such the existing system water supply would be sufficient to service the proposed project.

The Water Model Report states that average system pressures are approximately 50-55 psi, with a minimum of 40 psi required to meet maximum day water demand. Pressure readings were conducted by the City of Fowler Public Works and Public Utilities Department. These readings indicated all well sites are meeting and exceeding the 50-55 psi system average. In the case of Well No. 8, the average system pressure was 68.2 psi exceeding the minimum psi required to meet the maximum day water demand.

Additionally, the City of Fowler is currently in the process of installing a new water well in west Fowler (Well No. 9). This new well is planned to be in operation in 2026 and will further assist in meeting and maintain the City’s water supply and water pressure.

Housing Accountability Act
This Project seeks to construct a housing development project that triggers California’s Housing Accountability Act (“HAA”) which limits the City’s discretion in denying or reducing the density of housing development projects.

City staff was obligated under the HAA to review the Project’s consistency, compliance, and conformity with applicable plan, program, policy, ordinance, standard, requirement, or other similar provision within 30 days of determining the application be complete. City staff has found that the project is consistent, in compliance with, and conforms to all applicable plans, programs, policies, ordinances, standards, requirements, and other similar provisions.

In accordance with Government Code Section 65589.5, subdivision (j)(1), a local agency shall not deny or reduce the density unless City Council bases its decision upon written findings supported by a preponderance of evidence in the record that both of the following exist:
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1) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 2) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to the paragraph above, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Taking the above into consideration, staff have reached the following conclusions:
 Although the Planning Commission has expressed concerns about impacts to public health and safety related to water pressure and water availability to adequately serve the project, staff have concluded that based on the existing Water Model Report and pressure readings, existing systems would be adequate to serve the project.

Furthermore, a new well is planned to be installed in west Fowler that will enhance the existing reliable water supply.
 No specific, adverse impacts have been identified by staff.

Therefore, the Project qualifies as a housing development project that is subject to the requirements of the HAA, and there is not a preponderance of the evidence in the record currently known by staff to support the denial of this Project. However, if at the public hearing evidence is presented to the City Council and the Council determines there is a preponderance of evidence in the record to make one of the findings referenced above to support denial of the CUP, the Council should close the public hearing and continue the Council’s deliberation and decision with directions to staff to prepare a resolution denying the project based upon the appropriate findings consistent with the proceedings.

Tentative Subdivision Map Findings
The Subdivision Map Act (Gov. Code § 66474) requires a City to make the following findings prior to approval of a tentative map:

1. The proposed map is consistent with applicable general and specific plans as specified in Section 65451.

The Project site has a Medium Low Density Residential land use designation. According to Table 4-1 of the Fowler General Plan, the R-1-7 zone district is consistent with the Medium Low Density Residential. Table 9.115.030-1 of the Fowler Zoning Ordinance identifies the R-2 zone district as the implementing zone district for the zoning map designation of R-1-7.

Pursuant to the General Plan, the proposed Project must be developed with a density of 3.7-5.5 units per acre in order to maintain consistency with the General Plan. Vesting Tentative Subdivision Map No. 6501 proposes a density of approximately 5.3 units per acre, which meets the density provisions of the General Plan. The proposed Project is consistent with the 2040 188
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Fowler General Plan because it proposes development consistent with its designation and proposed zone district and because it does not conflict the goals and policies of the General Plan.

2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

The Project would facilitate logical growth as prescribed by the General Plan. The Project meets the City’s design requirements. Furthermore, the Project proposes a Planned Development, which provides additional flexibility within the parameters of the Medium Low Density Residential density and R-2 (Medium Low Density Residential) zone district standards.

Conditions of approval will ensure consistency with General Plan standards and policies.

3. The site is physically suitable for the type of development.

The Project site is generally flat and level and is capable of supporting single-family residential development.

4. The site is physically suitable for the proposed density of development.

Infrastructure needed to serve the development is located within adjacent public rights-of-way, or its installation will be required as conditions of approval. The flat, level nature of the site in conjunction with the proximity of infrastructure and Project conditions ensure that the site is physically suitable for the proposed density of development density of the project.

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure a fish or wildlife habitat.

The Project is consistent with the previously certified City of Fowler General Plan Environmental Impact Report (“EIR”). The EIR considered impacts to fish and wildlife resources within the City’s Planning Area. Buildout of the land uses analyzed under the General Plan EIR was found to not have a significant environmental effect on biological resources. As such, the proposed Project, which is being developed in accordance with the City’s General Plan, would not result in substantial environmental damage or substantially and avoidably injure a fish or wildlife habitat.

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

There is no evidence in the record that the Project is likely to cause any serious public health problems.

7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The Project will not conflict with easements.
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Annexation
The Project site is located outside of the Fowler city limits within its Sphere of Influence and will require annexation to facilitate the proposed development. To provide a logical boundary and avoid creating a substantially surrounded area, two additional properties owned by the City and by Fowler Unified School District, respectively, will be included in the annexation application to LAFCo as shown in Attachment 6.

Fowler Unified School District
Students from the Project would attend Marshall Elementary (K-2), Fremont Elementary (3-5), Sutter Middle School (6-8), and Fowler High School (9-12). The student generation factor within Fowler Unified has ranged between 0.5 and 0.6 students per household, indicating that the proposed Project would generate approximately 51 to 62 students.

In accordance with State Law, any new development will be subject to school development fees as a condition of building permit issuance to offset potential impacts to schools. The homes proposed on the 103 lots would be subject to school development fees on a per-square foot basis. These funds, in combination with bond financing authorized by District voters and State assistance, will provide facilities and reduce overcrowding in the long-term.

PUBLIC NOTICE
A Notice of Public Hearing was published in The Business Journal on July 25, 2025 which is at least ten (10) days prior to the public hearing. It was also sent via US Mail to all property owners within 300 feet of the proposed Project.

ENVIRONMENTAL REVIEW
The proposed Project would be developed consistent with the City’s General Plan. The General Plan EIR contemplates the development of the Project site and considered the potential impacts that could result from such development. Pursuant to CEQA Guidelines section 15183, projects which are consistent with the City’s General Plan and General Plan EIR are exempt from further environmental analysis. If the Project is approved, the City will file a Notice of Determination with the Fresno County Clerk and the State Clearinghouse under the previously certified General Plan EIR.

GENERAL PLAN CONSISTENCY
The proposed project is consistent with the following General Plan goals and policies:

General Plan Goal LU-1
Growth occurs logically and efficiently.

General Plan Goal LU-2
A wide range of housing types are available to accommodate all housing needs in the community.
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General Plan Policy LU-1
Development shall occur in accordance with the planned land uses as shown on Figure 4-1:

Land Use Diagram.

General Plan Policy LU-23
Ensure that the location and design of all parks, recreation, and community centers are compatible with existing adjacent uses.

General Plan Policy CDES-26
Single-family residential projects shall be designed in a way such that they enhance Fowler’s character.

General Plan Policy CDES-27
Discourage direct access to collector streets from single-family residential properties except where physical circumstances do not allow other design solutions.

General Plan Goal CH-1
Opportunities for physical activity, such as walking and biking, are integrated into the built environment.

General Plan Policy CH-26
New development shall be designed and operated in such a way that interior noise levels from both stationary and mobile noise sources do not exceed 45 dBA Ldn for adjacent residential uses or other uses where people normally sleep and 45 dBA Leq at peak hour for adjacent office, school, church, or similar use.

General Plan Policy CH-30
When sound walls are proposed, encourage a combination of berms and/or landscaping and walls to produce a more visually pleasing streetscape.

General Plan Policy OS-3
Within single-family residential projects, whether attached or detached, a minimum of 5% of the project site, not inclusive of existing or future major road rights-of-way, shall be developed with usable open space. Such open space shall be maintained by an assessment district, landscape/lighting district, homeowners' association, or other appropriate maintenance entity.

General Plan Policy OS-4
Usable open space areas, as required in Policy OS-3, may fulfill the requirements for parkland dedication, per the City’s Quimby Ordinance. To qualify, such land shall be dedicated to the City and meet the minimum established requirements for usable open space.

General Plan Policy OS-5
Developers may elect to construct the usable open space as required in Policy OS-3, or the parkland required for dedication per the City’s Quimby Ordinance. Upon construction, dedication, and acceptance of such improvements by the City, a credit of up to 50% against payment of the park development impact fee, as required by Policy OS-18, may be allowed and should be based on the actual cost of construction of the usable open space.

General Plan Policy OS-7
When siting park space within a subdivision project, it should be located with an emphasis on equitable distribution within the overall project site and consistent with the access standards 191
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identified in Table 8-1. When park space is not sited accordingly, neighborhood trails shall be integrated into the project design to ensure adequate access to the park space from areas beyond the limits of the project is provided.

General Plan Policy OS-18
All residential projects shall be subject to the payment of park development impact fees, as adopted by resolution of the City Council. Payment of these development impact fees shall be in addition to any parkland dedication or in-lieu fee payment requirements in accordance with Fowler’s adopted Quimby Act Ordinance, as applicable, except as provided for in Policy OS-6.

General Plan Goal MOB-2
The circulation system is safe, connected, and well-integrated with public transit and neighboring jurisdictions.

FISCAL IMPACT
The Project would result in the collection of development impact fees for single-family residential projects in accordance with the most current development impact fee schedule at the time that the Project application was received by the City. Development of the site would also increase the assessed value of the property and therefore generate additional ongoing property tax revenue to the City.

PROCUREMENT PROCESS
There is no procurement process associated with this action.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Attachment 1: Regional Vicinity Map
- Attachment 2: Aerial Map
- Attachment 3: Existing Zoning Map
- Attachment 4: Proposed Zoning Map
- Attachment 5: General Plan Land Use Map
- Attachment 6: Annexation Map
- Attachment 7: Vesting Tentative Subdivision Map No. 6501 - Attachment 8: 2021 Water Model Report
- Ordinance No. 2025-04
- Resolution No. 2798, and Attachment A (VSTM 6501), Attachment B (Conditions of Approval), Attachment C (Annexation Map)
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Attachment 1: Regional Vicinity Map
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Attachment 2: Aerial Map
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Attachment 3: Existing Zoning Map
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Attachment 4: Proposed Zoning Map
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Attachment 5: General Plan Land Use Map
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Attachment 6: Annexation Map
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Attachment 7: Vesting Tentative Subdivision Map No. 6501 199
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City of Fowler
2021 Water Model Report
April 23, 2021
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Table of Contents
Executive Summary....................................................................................................................i Analysis....................................................................................................................................................i Recommendations.....................................................................................................................................i Chapter 1 Background and Purpose .........................................................................................1

1.1 Background and Purpose .............................................................................................................1

1.2 Design Criteria.............................................................................................................................2 Chapter 2 System Data Collection.............................................................................................3

2.1 Existing System...........................................................................................................................3

2.1.1 Water Storage .................................................................................................................3

2.1.2 Emergency Backup.........................................................................................................3

2.1.3 Pipe Network ..................................................................................................................4

2.1.4 Wells...............................................................................................................................5

2.1.5 Water Supply ..................................................................................................................5

2.1.6 SCADA and Logic Controls...........................................................................................6

2.2 Existing System Demands...........................................................................................................7

2.2.1 Water Production............................................................................................................8

2.2.2 Well Usage .....................................................................................................................8 Chapter 3 Existing Water System Simulations .........................................................................9

3.1 Introduction .................................................................................................................................9

3.2 Existing System – Average Day Analysis...................................................................................9

3.2.1 Existing System Deficiencies.........................................................................................11

3.3 Existing – Maximum Day Demands............................................................................................11

3.3.1 Maximum Day Simulation .............................................................................................12

3.3.2 Maximum Day + Fire Flow Simulation..........................................................................13

3.3.3 Maximum Day – Well #8 Out of Service.......................................................................15

3.3.4 Maximum Day – Well #8 Out of Service (with South Avenue Interconnect)................16 Chapter 4 Recommendations.....................................................................................................17

4.1 Water Model Summary & Recommendations.............................................................................17 Appendix A..................................................................................................................................18 202
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Executive Summary
Analysis
The City of Fowler (City) water system is supplied by six groundwater wells feeding into a single pressure zone. System pressures are approximately 50 – 55 psi. The system does not include any surface water storage other than small hydropneumatic tanks located at each well site.

The water model and analysis was evaluated under the following criteria:
• A total, system-wide average day demand of 1.6 mgd and a maximum day demand of 2.9 mgd based on current water production data.
• A maximum day peaking factor of 1.8
It was determined that city water wells are adequate for average day and maximum day demands, however, due to undersized pipe sizing and limited interconnection, only partial fire flows can be supplied during a maximum day demand. Additionally, the City would not be able to supply the west half of the system during a maximum day demand if Well #8 should become non-operational.

Recommendations
In order to correct these deficiencies and provide for future water system demands, the following improvements should be pursued:
• Construction of a new municipal well west of State Route 99 having a minimum output of 1,200 gallons per minute.
• Construct a new pipeline connection crossing State Route 99 connecting the west and east portions of the water system to provide additional interconnectivity. • Install backup generators on wells not so equipped to ensure availability during power outages. • Adjust SCADA settings to account for ground elevation differences within the system. • Continue to monitor addition water demands as new development occurs and add additional wells as necessary to provide sufficient fire flows throughout the City. • Construct 12-inch diameter waterlines in a quarter-mile spaced transmission grid main system. 203
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1 1.1 Background and Purpose
The City of Fowler (City) is located in central Fresno County, approximately twelve miles southeast of Fresno, California. Incorporated in 1908, the City had a 2010 census population of 5,570 citizens (see Figure 1). The City water system has approximately 1,800 service connections and is supplied by six (6) groundwater wells which pump into a single hydraulic pressure zone.

Figure 1 - City of Fowler, California (aerial view)
The purpose of developing the water model is to obtain an understanding of the operational characteristic of the water system, determine any immediate deficiencies in the current system, and identify improvements to correct these deficiencies.

Chapter 1
Background and Purpose
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2 1.2 Design Criteria
The water system was evaluated per the design criteria as provided in Table 1. These data points can be considered as generally accepted modeling criteria and were used as the basis in evaluating pipe flow, fire flow and low pressures within the water distribution system.

Table 1 - Water System Design Criteria
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3 2.1 Existing System
The City’s water distribution network is a single pressure zone system. Shown in Figure 2, this zone is relatively flat with elevations ranging from 320’ in the northeast quadrant of the City to approximately 300' is the southwest quadrant. All sources of water (6 wells) for the City are fed into this singular pressure zone. At present, all wells are operational with well pumping capacities as shown in Table 2.

Table 2 - Water Model Nodes (By Pressure Zone)

2.1.1 Water Storage
The City does not utilize any water storage tanks. The existing elevated water storage tank has been taken out of service. All city water storage is provided by the relatively shallow groundwater table which contains a sufficient volume of water to satisfy all operational and emergency water requirements. This type of system is considered a ‘pumped zone’ as it relies entirely upon electricity in providing water service pressure to all end users.

2.1.2 Emergency Backup
During times of emergency when the electrical power grid is shut off and unavailable, it is critical for a pumped water system to have electrical backup in the form of diesel powered generators. In such instances, generators can be designed to either start automatically or be turned on manually. Emergency diesel generators are installed at Well #7 (1,700 gallons per minute (gpm)) and Well #8 (1,100 gpm), allowing for a total emergency water delivery of approximately 2,800 gpm, sufficient to provide adequate fire flows during an emergency event.

Chapter 2
System Data Collection
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4 Figure 2 - City of Fowler Water Distribution System and Pipe Sizes

2.1.3 Pipe Network
Table 3 presents the overall lengths and sizes of pipe within the City water system. Using an effective replacement cost for each pipe diameter, the City has approximately $20.6 million in existing pipeline infrastructure contained within approximately 200,000 linear feet of pipe capable of storing 433,000 gallons of water within the water distribution system at any given time.
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5 Table 3 - Existing Water Distribution Pipes

2.1.4 Wells
As illustrated in Figure 2, existing wells provide water pressure and supply for the City. As provided in Table 2, the overall combined pumping capacity of the well system is approximately 5,935 gpm (~8.5 mgd). Well #2 and Well #4 are controlled with static motors while Wells #5A, #6, #7 and #8A are controlled by variable frequency drive (VFD) motors.

Each well is equipped with a pressure tank or surge tank in order to diminish transient water hammer effects that could be experienced in a smaller water distribution system with multiple VFD’s operating at the same time. Pictures for each well site are included in Appendix A of this report.

2.1.5 Water Supply
The City water system is supplied entirely by groundwater. As shown in Figure 3, the City of Fowler is an independent water utility and is a member of the South Kings Groundwater Sustainability Agency (SKGSA) as mapped by the Sustainable Groundwater Management Act (SGMA). A total, maximum day pumping capacity of the six (6) city wells is approximately 8.5 million gallons per day (assuming all wells run continually for 24 hours). Presently, the City consumes approximately 1.6 million gallons per day on an average day and approximately 2.5 million gallons on a maximum day. The ability of the City to utilize wells to meet daily peak demand is dependent upon the ability of the distribution system to deliver the water within the system. Well supply as well as the distribution system capacity will determine the system’s ability to service a new growth area for operational and fire flows. 208
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6 Figure 3 – Boundary of the South Kings Groundwater Sustainability Agency (GSA)

2.1.6 SCADA and Logic Controls
The City utilizes an advanced Supervisory Control and Data Acquisition (SCADA) system to assist in management and control of the water system. The SCADA system is capable of gathering and recording system data in order to quickly evaluate and mitigate any mechanical and/or operational malfunctions within the water distribution system. The SCADA system is also used to change pump ‘on and off’ pressure settings and is able to be adjusted as necessary to cycle pump usage and frequency of pumping in order to better balance the operational usage and mechanical life cycle of all pumps in the water distribution system.

SCADA controls for each well site are as shown in Table 4.

Table 4 - Existing SCADA Control Settings for City Wells South Kings GSA
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7 2.2 Existing System Demands
According to SCADA and other data provided by City staff, monthly water production is provided in Table 5.

Table 5 - Monthly, Annual and Per Capita Water Consumption 210
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8 2.2.1 Water Production
The average monthly water production in the winter months is approximately 31.7 million gallons while the average water production in the summer months is roughly 66.3 million gallons. During a 12 month period, the average monthly production is approximately 48.9 million gallons. This monthly value translates to an average day demand of 1,629,727 gallons per day (or 1,132 gpm).

Over the two year reporting period (2018-2020), the overall usage on a gallon per capita day (gpcd) basis ranged from a low of 115 gpcd to a high of 319 gpcd (almost a 200% increase).

This large swing is indicative of the amount of water that is traditionally used for landscaping and irrigation during the summer months.

2.2.2 Well Usage
While the City operates 6 wells, cycling between these wells is necessary to provide adequate excising of the wells and to meet water demands in various parts of the city.

Figure 4 below illustrates the amount of water produced by each well over the 2 year reporting period and the total production (by month). As this figure illustrates, Well #7 is producing the large majority of potable water for the City.

Figure 4 – Monthly Water Production
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9 3.1 Introduction
The hydraulic water model was initially calibrated to existing conditions under an average day demand. Once calibrated, the model was then placed under two operational scenarios. The first scenario was Existing-Average Day Demands while the second scenario evaluated ExistingMaximum Day Demands. Each analysis and relevant hydraulic information is provided herein.

Since the City is relatively small in size, demands were allocated in the hydraulic model by uniformly applying the average day demand to each analysis node. For example, the existing system hydraulic model consists of approximately 345 analysis nodes with an average daily flow rate of 1,132 gallons per minute (as shown in Table 5). Thus, each analysis node was populated with an average day demand of 3.28 gallons per minute.

As shown in Table 5, the total average day demand applied to the model was approximately

1.629 mgd while the maximum day demand was 2.933 mgd, which was established by using a peaking factor of 1.8 on top of the average day demands. The average day demand relates to a population of approximately 7,000 citizens consuming roughly 221 gpcd.

Both the Average Day and the Maximum Day models were analyzed under a 24-hour extended period simulation, applying the diurnal curve as provided in Figure 5. This curve represents how system demands rise and fall throughout a 24-hour day.

Figure 5 - City of Fowler Diurnal Curve (Hourly Water Use)

3.2 Existing System – Average Day Analysis
The analysis of this scenario determined that the system operates efficiently under normal conditions (~1,132 gpm). During the Average Day, Well #7 can provide most, if not all, of the Chapter 3
Existing Water System Simulations
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10 daily supply required by the City. Figure 6 illustrates how Well #7 (5007), Well #2 (5002) and Well #8 (5008) would operate during a normal 24 hour period.

Figure 6 – Average Day Pumping Operation
The analysis showed that larger pressure variations could occur in the southern region of the City as it is both distant from the primary wells and the area does not contain a large amount of looping and network intertie to the rest of the water system.

Transient Flows and Variable Frequency Drives
The current SCADA configuration for the City operates Well #7 as the primary and then calls on Well #8 to cycle on as the secondary. Since both wells are VFD operated this can result in transient waves propagating across the system:
o Considering that Well #7 and Well #8 are located on opposite sides of the City, as Well #8 experiences a lower pressure setting and turns on, it will begin to push a higher pressure wave back across the city. This wave would take many minutes before Well #7 would experience this higher pressure wave and begin to slow down its motor.
o As Well #8 speeds up, it would push a stronger wave across the system. As Well #7 experiences this higher wave, it will slow down many minutes later after Well #8 has increased its speed. Well #7 could continue to slow down and Well #8 could speed up to such a point that Well #7 begins to experience a lower pressure and then speeds up to compensate for its lower pressure, thus creating a back and forth cycle where both wells are reacting to each other.

The City operates 4 VFD wells and 2 Static wells. Referring back to Table 5, the City has a combined Static Well capacity of 785 gpm and a combined VFD capacity of 5,150 gpm. In a closed water system with no elevated water storage tank or pressure relief valves, it is important 213
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11 for operations staff to ensure that future well cycling takes into consideration the relationship between Static and VFD operated wells and how to best modify SCADA operations accordingly.

3.2.1 Existing System Deficiencies
Under a normal, average day demand, no deficiencies were evident. However, upon review of the overall system, the following long term planning issues should be considered:
• Currently only 3 – 6” water lines cross State Route 99 as interconnect between the east half and the west half of the City water system (Figure 7). • Well #8 is the only well located on the west side of State Route 99, serving the west half of the City.
• Due to their geographic location, Well #5 and Well #6 disproportionately serve the southeastern portion of the water system.
• A large fire demand could cause transient and pressure issues during fire suppression.

Figure 7 – Interconnect Piping Across State Route 99

3.3 Existing – Maximum Day Demands
The maximum day demand represents peak water usage, most usually during the summer months. It is also during this time of year that the likelihood of fire is increased due to dry, arid conditions. Thus, while the results of a maximum day demand are informative, it is the fire flow simulation which illustrates the ability of the water system to provide for both the maximum day demand plus fire flow.
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12 3.3.1 Maximum Day Simulation
Analysis of this scenaro determined that the system operates efficiently under maximum day conditions (2,036 gpm). This simulation assumed that during a maximum day, both Well #7 and Well #4 would be continuously operational and that Wells #8, #6, #5 and #4 would have SCADA settings that would turn pumps on and off, dependent upon system demands increasing and decreasing throughout the day. Figure 8 illustrates how each well would turn on and off during a maximum day event.

Figure 8– Maximum Day Pump Operation
This simulation was conducted by modifying the existing SCADA operations as provided in Table 4 of this report. The current SCADA settings utilized by City staff for well set points and pressure ranges do not take into account the ground elevation differences across the system.

Table 6 illustrates what the static pressures would be at each well when the discharge pressure at Well #7 is set at 55 psi. For example, there is a 16 foot vertical difference between Well #8 and Well #7, translating into a nearly 7 psi static pressure increase at Well #8 versus Well #7.

Referring to Table 4, the current SCADA set point for Well #8 is 50 psi which, when is actually 12 psi lower than Well #7 when accounting for the difference in ground elevations.

Table 6 – Ground Elevations and Static Pressure Differences (Well 7 @ 55 psi) 215
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13 3.3.2 Maximum Day + Fire Flow Simulation
Fire flows requirements vary from one community to another. Flow requirements are dictated by the underlying land use – which can vary from 1,500 gpm for single family residential housing to 2,500 gpm for commercial and industrial land uses. Flow rates, if not determined by the local fire service provider, can be determined by the International Services Organization (ISO) or the American Water Works Association (AWWA) Manual M31 – Distribution System Requirements for Fire Protection. Required fire flows for the various land uses within the City can be found in Table 1 of this report.

The software utilized in this modeling provides for a fireflow analysis. This analysis allows for each node in the water distribution system to be given a fireflow demand and modeled accordingly. The resulting analysis output report determines which nodes in the system dropped below optimal pressures when a fire demand was applied. Such an analysis is useful in the identification of system deficiencies such as undersized pipes or insufficient looping and pipe networking.

Table 7 presents the 'worst case' output of a fireflow analysis which was conducted on a ‘node by node’ basis across the entire water distribution system at a clock time of 4 pm (which is not the peak hour on a max day). The data indicates that the City does not possess a sufficient water distribution system which allows for at least 1,000 gpm at every pipe or portion of the water distribution system.

For example, when the simulation attempted to deliver 1,500 gpm to Node 170, the residual pressure recorded at this node dropped to -120.34 psi (theoretical). The simulation indicates that in order to maintain a residual pressure of 20 psi at Node 170, the maximum water volume that could theoretically be delivered would be approximately 647 gpm. Fire nodes which could not deliver at least 1,000 gpm at a residual pressure of 20 psi are shown in Figure 9.

In most instances of 'worst case' fire flows, the fire demand was applied at the end of a long, 6" dead-end pipe, with the exception being the subdivision located near the intersection of Sumner Avenue and Laker Lane (see Figure 10) which appears to be served by a singular 6” pipe under Sumner Ave. This condition could be corrected by constructing (or verifying presence) of a second point of connection along the intersection of Nelson Avenue and Laker Lane. 216
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14 Table 7 - Maximum Day Fire Flows (Worst Case)
Figure 9 – Maximum Day Fire Flows (Worst Case)
Figure 10 – Maximum Day Fire Flows (Sumner and Laker)
Some nodes provide less than the 1,500 gpm stipulated by the City of Fowler for residential land uses. This is typical in any community water distribution system, particularly in older parts of town with 6" distribution mains installed in long cul-de-sac streets. Such data does not always imply that a fire could not be adequately suppressed. The data simply indicate that the desired flow of 1,500 gpm, in these instances, is not achievable during a maximum day water demand. 217
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15 While the City may possess a sufficient water supply in the form of wells and pumping capacity, the City does not retain a high degree of interconnection and pipe sizing between these wells in providing a sufficient degree of water protection during maximum day fire flow events. This condition is discussed further as provided in Section 3.3.3 of this report.

3.3.3 Maximum Day – Well #8 Out of Service
As Well #8 is the only well servicing the west half of the city, this simulation was conducted in order to evaluate a sudden non-operational status of Well #8 – forcing all water supply for western Fowler through the 3 – 6” water lines crossing State Route 99.

The results indicate that the City would not be able to provide sufficient water pressure to the entire west half of the City during the peak hours of a maximum day with Well #8 nonoperational. As shown in Figure 11, pressures during the peak hours would drop below the minimum pressure of 20 psi.

Figure 11– System Pressures without Well #8
Well #8 has a backup diesel generator to ensure that the well remains operational during power outages; however, sudden mechanical and/or equipment failure cannot always be prevented. As a result, the City should pursue installation of another well site in the western half of its system.

Additionally, the City should also pursue constructing a new 12” water line under State Route 99 in the approximate alignment of South Avenue as well as Adams Avenue, connecting to the water transmission main in Sunnyside Avenue.

This simulation also indicates Wells #5 and #6 are too distant from the 6” lines crossing State Route 99; and the pipe network connecting these wells to the rest of the water distribution system are presently undersized for these two wells to be effective mitigating a low pressure condition in the west half of the City.

In effect, the City can be considered a bifurcated water system, consisting of a South Zone (Well #5 and Well #6), a West Zone (Well #8) and an East Zone (Well #7, Well #2 and Well #4).

Under normal, average day operational parameters, these regions can share water with one another with little pressure drop or reduction in water supply, but during significant fire flow events or well outages, these areas are not readily able to serve another portion of the system given the sub-standard interconnecting piping layout of primarily 6” transmission mains within the existing water system.
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16 3.3.4 Maximum Day – Well #8 Out of Service (with South Avenue Interconnect) A simulation was additionally conducted to determine the effects of Well #8 being out of service and the benefits of installing 3,400 linear feet of 12” water main under State Route 99 along the South Avenue alignment from Golden State Boulevard to Fowler Ave.

The simulation determined that this pipe would remedy the absence of Well #8 during both a maximum day event as well as provide sufficient fire flow demands. Figure 12 illustrates the volume of flow along this future pipe during a Maximum Day + Fire flow simulation.

To mitigate the deficiencies in this scenario, the South Avenue pipeline could be constructed as shown in Figure 12 or a new well can be constructed in the west quadrant as an interim solution.

As a long term solution, both solutions should be pursued.

Figure 12 – Maximum Day + Fire Flow in Future South Ave. Trunk (w/ Well #8 Out of Service) 219
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17 4.1 Water Model Summary & Recommendations
The development of the hydraulic water model identified deficiencies in the water system related to providing fire flows during the maximum daily demand scenario. In order to correct these deficiencies and provide for future water system demands, the following improvements should be pursued:
• Construction of a new municipal well west of State Route 99 having a minimum output of 1,200 gallons per minute.
• Construct a new pipeline connection crossing State Route 99 connecting the west and east portions of the water system to provide additional interconnectivity. • Install backup generators on wells not so equipped to ensure availability during power outages.
• Adjust SCADA settings to account for ground elevation differences within the system. • Continue to monitor addition water demands as new development occurs and add additional wells as necessary to provide sufficient fire flows throughout the City. • Construct 12-inch diameter waterlines in a quarter-mile spaced transmission grid main system.

Chapter 4
Recommendations
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18 Well 2
Well 4
Appendix A
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19 Well 5
Well 6
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20 Well 7
Well 8
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ORDINANCE NO. 2025-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER FINDING

THAT THE PROPOSED PREZONES AND ZONING TEXT AMENDMENT ARE

EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15183, AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO REFLECT A CHANGE OF ZONE FOR ASSESSOR’S PARCEL NUMBERS 340-040-26, 343-040-92T, AND 343-040-89T, AND AMENDING SECTION 9.145.040,

SUBDIVISION (B) OF THE CITY OF FOWLER ZONING ORDINANCE TO INCLUDE AN ADDITIONAL PLANNED DEVELOPMENT OVERLAY DISTRICT.

WHEREAS, Fowler 96, LLC (“Applicant”) submitted an application for Vesting Tentative Subdivision Map No. 6501, a 103-lot single-family residential subdivision (“Tentative Map” or “Project”) (Attachment A) on Assessor’s Parcel Number (“APN”) 343-040-26, generally located on the north side of West South Avenue between South Sunnyside Avenue and South Clovis Avenue (“Subject Property”); and
WHEREAS, the Applicant submitted a Planned Development to allow for flexibility in the development standards outlined in the City of Fowler Zoning Ordinance while also proposing enhanced features and amenities above the requirements of the Ordinance; and WHEREAS, one of the amenities is the inclusion of the City Park site (APN 343-040- 92T) into the Planned Development; and
WHEREAS, the Subject Property and the City Park site are located within the City of Fowler’s (“City”) Sphere of Influence and located outside of, but contiguous to, the City limits; and
WHEREAS, the Local Agency Formation Commission (LAFCo) has required the proposed annexation to also include the Fowler Unified School District property (APN 343-040- 89T); and
WHEREAS, in order to develop the Project on the Subject Property, and implement the Planned Development the Subject Property, the City Park site and the Fowler Unified School District property (Attachment C) must be prezoned in accordance with the General Plan, annexed into the City and the Selma-Kingsburg-Fowler County Sanitation District, and detached from the Kings River Resource Conservation District and Fresno County Fire Protection District; and WHEREAS, the Subject Property is designated for Medium-Low Density Residential land uses by the General Plan; and
WHEREAS, the City Park site and Fowler Unified School District property are designated for Public Facilities by the General Plan; and
WHEREAS, the General Plan Table 4-1 identifies the R-1-7 zone district as consistent with Medium-Low Density Residential land uses and the O (Open Space) zone district and the PF 224
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(Public Facilities) zone district as the consistent zone districts for the Public Facilities land use; and
WHEREAS, the in accordance with the City of Fowler Zoning Ordinance Table

9.115.030-1 the R-1-7 zone district on the zoning map is implemented by the R-2 base zone district standards as adopted by the City’s Zoning Ordinance; and WHEREAS, section 9.65.020, subdivision (C) of the Fowler Zoning Ordinance requires that a Planned Development (“PD”) Overlay District must be established prior to or concurrently with the initial approval of a Planned Development; and WHEREAS, a PD Overlay District is processed in accordance with Chapter 9.110 and

9.145 of the Fowler Zoning Code as a Zoning Code Amendment; and WHEREAS, the proposed amendment would incorporate R-1-7/PD-3 as an approved Planned Development Overlay, and;
WHEREAS, the Applicant submitted an application for Prezone and Annexation of the Subject Property, which proposes to prezone the Subject Property to R-1-7/PD-3 (Single Family Residential/Planned Development) with an implementing zone district of R-2/PD-3 (Medium Low Density Residential/Planned Development and annex the Subject Property into the Fowler city limits; and
WHEREAS, together the Tentative Map, Prezone, Planned Unit Development, Zoning Code Amendment and Annexation Proposal, shall be collectively referred to as the “Project”; and WHEREAS, City staff found that the Project was analyzed as part of the Program Environmental Impact Report (EIR) certified for the Fowler General Plan; and WHEREAS, the Planning Commission recommended denial of the Project at a Special Meeting on July 10, 2025.

WHEREAS, notice of this public hearing was published in the Friday, July 25, 2025, edition of The Business Journal, posted at City Hall and the City’s website; and WHEREAS, the City Council, has reviewed and considered the staff report, and all evidence presented at the City Council regular meeting on August 5, 2025, including oral and written public testimony on the Project, and which is herein incorporated by this reference (“Administrative Record”).
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THE CITY COUNCIL OF THE CITY OF FOWLER DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1
The City Council finds that the Project is exempt from further environmental review pursuant to CEQA Guidelines section 15183, due to the Project being consistent with the City’s General Plan EIR.

SECTION 2
The City Council hereby finds that prezoning the Subject Property to the R-1-7/PD-3 (Single Family Residential/Planned Development) with an implementing zone district of R-2/PD-3 (Medium Low Density Residential/Planned Development), the prezoning of the City Park site (APN 343-040-92T) to the O (Open Space) zone district, and the prezoning of the Fowler Unified School District property (APN 343-040-89T) to the PF (Public Facilities) zone district (hereinafter collectively referred to as the “Prezones”), satisfy each of the required findings for a prezone pursuant to Fowler Zoning Ordinance section 9.110.070:
a. The Prezones are consistent with the intent of the goals and policies of the General Plan. b. The Prezones prescribe reasonable controls and standards to ensure compatibility with other established uses.
c. The Prezones provide reasonable property development rights while protecting environmentally sensitive land uses and species.
d. The Prezones ensure protection of the general health, safety, and welfare of the community.

The bases for these findings are supported by the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

SECTION 3
The Official Zoning Map of the City of Fowler is hereby amended to designate Assessor’s Parcel No. 340-040-26, to the R-1-7/PD-3 (Single Family Residential/Planned Development) zone district. Additionally, the City of Fowler Zoning Map is amended to designate Assessor’s Parcel No. 340-040-92T to the O (Open Space) zone district, and Assessor’s Parcel No. 340-040-89T to the PF (Public Facilities) zone district as indicated in Exhibit “A” attached hereto and incorporated by reference herein.

SECTION 4
The City Council finds that the Zoning Text Amendment to add a Planned Development Overlay District satisfies each of the following findings pursuant to Fowler Municipal Code section

9.110.070:
a. The Zoning Code Amendment is consistent with the intent of the goals and policies of the General Plan.
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b. The Zoning Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
c. The Zoning Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species. d. The Zoning Code Amendment ensures protection of the general health, safety, and welfare of the community.

The bases for these findings are supported by the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

SECTION 5
Section 9.145.404, subdivision (B) of the City of Fowler Zoning Ordinance is hereby amended to read as follows:

B. Applicability. The following Planned Development Overlays have been approved by the City. They are designated on the official Zoning Map of the City and hereby incorporated into this Title in their entirety by reference. a. R-2/PD-1
b. R-1-6/PD-2
c. R-1-7/ PD-3
SECTION 6
This Ordinance shall take effect and be in full force and effect from and after thirty (30) days following its final passage and adoption. Within fifteen (15) days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.

The foregoing ordinance was introduced at a meeting of the City Council of Fowler held on the 5th day of August 2025 and passed and adopted at a regular meeting of the City Council held on the XX day of XX 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________________
Juan Mejia, Mayor
ATTEST:
____________________________________
Angela Vasquez, City Clerk
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Exhibit A
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RESOLUTION NO. 2798

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER FINDING THAT VESTING TENTATIVE SUBDIVISION MAP NO. 6501 IS EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15183, ADOPT A GENERAL PLAN CONSISTENCY FINDING,

APPROVING A PLANNED DEVELOPMENT, APPROVING VESTING TENTATIVE SUBDIVISION MAP NO. 6501, AND INITIATING ANNEXATION OF APN 343-040-26, 343-040-92T, AND 343-040-89T INTO THE CITY OF FOWLER
WHEREAS, Fowler 96, LLC (“Applicant”) submitted an application for Vesting Tentative Subdivision Map No. 6501, a 103-lot single-family residential subdivision (“Tentative Map” or “Project”) (Attachment A) on Assessor’s Parcel Number (“APN”) 343-040-26, generally located on the north side of West South Avenue between South Sunnyside Avenue and South Clovis Avenue (“Subject Property”); and
WHEREAS, the Applicant submitted a Planned Development to allow for flexibility in the development standards outlined in the City of Fowler Zoning Ordinance while also proposing enhanced features and amenities above the requirements of the Ordinance; and WHEREAS, one of the amenities is the inclusion of the City Park site (APN 343-040- 92T) into the Planned Development; and
WHEREAS, the Subject Property and the City Park site are located within the City of Fowler’s (“City”) Sphere of Influence and located outside of, but contiguous to, the City limits; and
WHEREAS, the Local Agency Formation Commission (LAFCo) has required the proposed annexation to also include the Fowler Unified School District property (APN 343-040- 89T); and
WHEREAS, in order to develop the Project on the Subject Property, and implement the Planned Development the Subject Property, the City Park site and the Fowler Unified School District property (Attachment C) must be prezoned in accordance with the General Plan, annexed into the City and the Selma-Kingsburg-Fowler County Sanitation District, and detached from the Kings River Resource Conservation District and Fresno County Fire Protection District; and WHEREAS, the City of Fowler desires to initiate proceedings pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Government Code Section 56000 for the proposed annexation; and WHEREAS, the territory proposed to be changed is uninhabited, and on this day contains zero (0) registered voters, according to information received from the County Elections Officer; and
WHEREAS, an illustration of the boundaries of the territory is set forth in Attachment C hereto, and a map and written description accurately depicting said territory shall be forwarded to the Local Agency Formation Commission upon application; and WHEREAS, this proposal is consistent with the City of Fowler sphere of influence; and 229
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WHEREAS, the City of Fowler does not desire to subject the proposal to additional terms or conditions; and
WHEREAS, the proposed reorganization is intended to facilitate development of the Planned Development occupying Assessor’s Parcel Nos. 343-040-26 and 343-040-92T, and with the inclusion of Assessor’s Parcel No. 343-040-89T would constitute a logical expansion of the city limits; and
WHEREAS, the Subject Property is designated for Medium-Low Density Residential land uses by the General Plan; and
WHEREAS, the City Park site and Fowler Unified School District property are designated for Public Facilities by the General Plan; and
WHEREAS, the General Plan Table 4-1 identifies the R-1-7 zone district as consistent with Medium-Low Density Residential land uses and the O (Open Space) zone district and the PF (Public Facilities) zone district as the consistent zone districts for the Public Facilities land use; and
WHEREAS, the Applicant submitted an application for Prezone and Annexation of the Subject Property, which proposes to prezone the Subject Property to R-1-7/PD-3 (Single Family Residential/Planned Development) with an implementing zone district of R-2/PD-3 (Medium Low Density Residential/Planned Development and annex the Subject Property into the Fowler city limits; and
WHEREAS, via adoption of Ordinance No. 2025-04 the Subject properties have been prezoned consistent with their General Plan land use designations, and; WHEREAS, together the Tentative Map, Prezone, Planned Development, Zoning Text Amendment and Annexation Proposal, shall be collectively referred to as the “Project”; and WHEREAS, City staff found that the Project was analyzed as part of the Program Environmental Impact Report (EIR) certified for the Fowler General Plan; and WHEREAS, the Planning Commission recommended denial of the Project at a Special Meeting on July 10, 2025.

WHEREAS, notice of this public hearing was published in the Friday, July 25, 2025, edition of The Business Journal, posted at City Hall and the City’s website; and WHEREAS, the City Council, has reviewed and considered the staff report, and all evidence presented at the City Council regular meeting on August 5, 2025, including oral and written public testimony on the Project, and which is herein incorporated by this reference (“Administrative Record”).

NOW THEREFORE, BE IT RESOLVED the City Council of the City of Fowler, based upon the entire Administrative Record of proceedings, hereby resolves as follows:
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1. The City Council finds that the Project is exempt from further environmental review pursuant to CEQA Guidelines section 15183, due to the Project being consistent with the City’s General Plan EIR.

2. The General Plan Finding of Consistency for the Project should be considered adequate, reflect the City’s independent judgment and analysis, and have been completed in compliance with CEQA and the CEQA Guidelines.

3. The City Council makes the following findings required for approval of a Planned Development pursuant to Fowler Municipal Code section 9.65.070:
a. The planned development is consistent with the adopted General Plan and any applicable specific plan.
b. The planned development is in substantial compliance with the purpose and intent of this Title.
c. The proposed site is adequate in size and shape to accommodate the planned development in a manner that is compatible with existing and planned uses in the vicinity.
d. The proposed development will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the planned land uses and character of the surrounding area. e. The development standards applicable to the Planned Development are clearly designated.
f. The uses allowed within the Planned Development are clearly designated. g. The planned development will incorporate a program of enhanced amenities that would not otherwise be required through regulations of the base zoning district. Such amenities may include but are not limited to additional open space and/or improvements to an existing public facility such as a park or trail.

4. The City Council hereby approves the Planned Development plan, subject to the conditions of approval contained in Attachment B, hereby incorporated by this reference herein.

5. That the City Council make the following findings set forth under the Subdivision Map Act (Gov. Code § 66474):
a. The proposed map is consistent with applicable general and specific plans as specified in Government Code section 65451.
b. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
c. The site is physically suitable for the type of development proposed. 231
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d. The site is physically suitable for the proposed density of development. e. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure a fish or wildlife habitat.
f. The design of the subdivision or type of improvements is not likely to cause serious public health problems.
g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; and

6. The City Council hereby approves Vesting Tentative Subdivision Map No. 6501, subject to the conditions of approval contained in Attachment B, hereby incorporated by this reference herein.

7. This Resolution of Application and the Local Agency Formation Commission of Fresno County is hereby requested to initiate proceedings for the Sunnyside South Northwest Reorganization in the manner prescribed by the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000.

8. That the City Council should require the Applicant to prepare all necessary exhibits and pay for all fees related to the annexation of the Subject Property.

PASSED, APPROVED AND ADOPTED this 5th day of August 2025, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Juan Mejia, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
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Attachment A
Vesting Tentative Subdivision Map 6501
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Attachment B
Conditions of Approval
Conditions of Approval TSM No. 6501
General:

1. All conditions of the applicant shall be conditions of approval, except as further modified below, and subject to modifications to conform to applicable City Standards.

2. That the applicant pays all fees as required by existing ordinances and schedules.

3. Comments of the City Planner and City Engineer are contained on the “Redlined Map” for the project. Comments provided shall be rectified on a final map plan, submitted to and confirmed by the City Planner and City Engineer.

4. That all water wells and septic systems that served the property be abandoned pursuant to City, County, and State standards.

5. The developer shall continually maintain the existing pavement keeping it clear of dirt, dust, and mud until the subdivision or phase is accepted by the City and shall install gravel filters with minimum 1-inch base rock at each construction entrance extending across the entrance and a minimum of 55-feet into the site.

6. As many energy-conserving features as possible shall be included in the project. Examples include, but are not limited to, increased wall and ceiling insulation, EPA-certified fireplace inserts and/or wood stoves or natural gas fireplaces, electrical and natural gas outlets installed around the exterior of the units to encourage use of electric yard maintenance equipment and gas-fired barbeques, and each home wired for computers/internet and electronic meter reading.

7. To reduce construction noise, construction contracts shall require that all equipment be maintained according to the manufacturers’ specifications, and that noise-generating equipment be equipped with mufflers.

8. Hours of construction shall be limited to the hours of 6:00 am to 7:00 pm, Monday through Saturday.

9. The developer shall provide concrete pads and walkway within the side yards adjacent to garages for the placement of trash/recycling containers 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.

10. Crosswalks shall be provided to ensure pedestrian safety in areas determined by the City Engineer, Public Works Director and Community Development Director and these crosswalks shall be decorative such thermoplastic pavement striping and/or stamped and colored concrete.

11. The developer shall annex to the City Lighting and Landscape Maintenance District or Community Facilities District as deemed appropriate by the City Engineer.

12. The developer shall obtain Rule 9510 (Indirect Source Review) approval from the San Joaquin Valley Air Pollution Control District (SJVAPCD) prior to commencement of construction activities.

13. The developer shall obtain Dust Control Plan approval from SJVAPCD prior to commencement of grading activities.

14. Construction of the Project shall comply with the adopted Fowler General Plan Mitigation Monitoring and Reporting Program.

Final Map:

15. An approved Tentative Map shall expire 24 months after its approval. One 12-month extension may be requested.

16. Comments from the City Engineer are contained on the “Redlined Map” for the project.

Comments provided shall be rectified on the final Subdivision Map, submitted and confirmed by the City Engineer.
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17. The design and improvement of the subdivision shall conform to Titles 1 through 15 of the City of Fowler Subdivision Ordinance and to the City of Fowler Standard Specifications (“Standard Specifications”) unless otherwise specified in these conditions.

18. The applicant shall enter into a subdivision agreement with the City if the final map is approved prior to completion and acceptance of the public improvements.

19. A right-to-farm covenant shall be recorded prior to recordation of the final map.

20. Lots backing onto South Avenue and Maple Avenue shall have no access to said streets.

21. Since the tentative subdivision map for TSM No. 6501 does not designate or indicate any phasing, the conditions are based on a total development of all 103 lots. If the development is to be phased, the developer shall modify the vesting tentative map to indicate phase lines to be approved by the City Engineer. If phased, the tentative map shall not be subject to new conditions of approval, but the City may require that any or all of the approved conditions be applied to any proposed phase.

22. Street names shall be verified by City staff prior to finalizing the final map. Street names shall be consistent with streets along similar alignments throughout the City

23. All development fees in effect at the time of permitting shall be applied to the development of this subdivision, including plan check, map, development, school and park fees, and all connection fees for sewer and water.

24. The Tentative Subdivision map shall comply with the single-family residential subdivision design standards as prescribed in Fowler Zoning Ordinance Section 9.120.060.

Planned Development
Planned Developments may be established for any property in any district where flexibility in the applicable development standards of the Fowler Municipal Code is necessary to result in a project that includes enhanced features or amenities above and beyond the requirements of the Code.

25. The applicant shall submit a development plan representing the overall plan for the tentative map development and the City’s park site (APN 343-040-92T).

26. In accordance with General Plan Policy OS-3 and Fowler Municipal Code Section 9.165.050-C, a minimum of 5% (one (1) acre) of the project site shall be developed with usable open space which could include common recreation areas, mini-parks, common green belts/recreation trails, and landscaping.

27. As proposed in the submitted tract map, the developer shall construct a trail that runs along the eastern boundary of the tract. The proposed 14,443 square foot trail will account for 0.33 acres out of the 1 acre required to meet the 5% Open Space requirement.

28. The developer shall develop a minimum of 0.67 acres of the easterly adjacent parcel, APN: 343- 040-92T, into a neighborhood park to complete the required one (1) acre of the 5% Open Space requirement. Proposed improvements shall include benches, play structure, common recreation areas, concrete flatwork and landscaping as approved by the City Engineer.

29. The developer will be required to utilize the park impact fees to develop more than the required

0.67 acres of APN: 343-040-92T as indicated in the above conditions, the City will offset Park Impact Fees as dictated by the Quimby Act by the amount equal to the proposed development.

The Park Impact fees for the 103 lots is $425,000. The developer shall develop a park plan approved by the City Engineer to utilize the $425,000 for build out of additional park space on the City park site (APN:343-040-92T )

30. Developer will develop Maple Avenue out to the ultimate right-of-way on Sunnyside Avenue, and will provide curb, gutter, and sidewalk along the north portion of APN: 343-040-92T as part of the neighborhood park to be developed.

31. Developer will construct curb, gutter, and sidewalk along Sunnyside Avenue for APN: 343-040- 92T as part of the neighborhood park to be developed.
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Circulation:

32. The developer shall mitigate the project’s future traffic impacts at the intersections of State Route 99 Southbound Off-Ramp / Merced Street and State Route 99 Northbound Ramps / Merced Street through payment of a fair share contribution to intersection improvements.

33. Project Developer shall construct pedestrian sidewalks along internal streets connecting all uses to external sidewalks and along the Project’s frontage to South Avenue.

34. Developer shall construct frontage improvements along South Avenue and Maple Avenue including curb, gutter, 5-foot sidewalk, LED street lighting and landscaping. A pavement overlay may be required beyond the centerline to provide for a smooth transition. Transition grade greater than 4 percent will not be allowed. The street section shall be striped for two-way traffic and approved by the City of Fowler.

35. Additional street right-of-way shall be dedicated such that an 80-foot minimum right-of-way is provided along South Avenue and 60-foot minimum right-of-way is provided along Maple Avenue.

36. Street pavement section shall be a minimum structural section as indicated in City Standard drawings and verified by a project soils report.

37. Traffic and street signs shall be installed by the Owner/Developer per City requirements.

Water:

38. A looped water system be developed within the subdivision and be tested and accepted by the City of Fowler Public Works Department. Each parcel shall be equipped a water meter/box.

39. All interior water mains shall be an 8-inch water main and loop within each phase of development.

The completed interior water system shall be connected to the 12-inch water mains in the major collector streets at each entrance street.

40. Fire hydrants shall be installed at 300-foot intervals at the locations specified by the Fire Chief and City Engineer.

41. Two water sample stations shall be installed within the subdivision at the locations specified by the Public Works Director.

Sewer:

42. The developer shall comply with the following conditions set forth by Selma-Kingsburg-Fowler County Sanitation District.
a. Parcels must be Annexed into the City and District.
b. Applicants must complete and submit a subdivision connection application to the Selma-Kingsburg-Fowler County Sanitation District.
c. Schedule a pre-design meeting with the District for sanitary sewer improvement requirements.
d. Submit a full set of subdivision plans for this project for plan check. e. Applicant to pay for the annexation, sewer connection and plan check/inspection fees prior to the issuance of a building permit.

43. Developer shall replace the sewer line in South Avenue between Sunnyside and Fowler Avenues to the ultimate size prescribed by the SKF Master Plan and approved by both SKF and City of Fowler. The City will reimburse the cost of this project with sewer development impact fees as outlined in the subdivision agreement.

44. Developer shall provide sewer connections to the existing mains in South Avenue and/or Sunnyside Avenue.

Grading and Drainage:

45. The developer’s engineer shall provide drainage calculations for the subdivision. A temporary basin located on the northeast corner of the tract is proposed. The proposed drainage basin area 236
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shall be capable of retaining drainage associated with Tract 6501 during a 100-year storm event.

Additionally, perimeter chain link fencing shall be constructed and include privacy slats (tan color).

46. Temporary basin will revert to the underlying single family residential lots upon the determination that Tract 6501 can connect to another basin capable of retaining Tract 6501’s storm drainage.

47. A grading and drainage plan shall be submitted for review and approval by the City Engineer. The developer shall obtain a grading permit for all on-site grading work.

48. The developer’s engineer shall submit a storm drain plan and hydraulic calculations showing location of inlets, manholes, and pipelines (including sizing) to City Engineer for review and approval prior to preparation of improvement plans.

49. The developer shall obtain an NPDES permit from the Regional Water Quality Control Board. The plan shall provide for the mitigation of soil erosion from the project site during the construction and warranty periods and be submitted to the City prior to the start of construction. Developer shall supply City with the approved SWPPP and WDID number.

50. As a part of the mitigation measures for soil erosion, the developer shall be responsible for street sweeping during the one-year warranty period.

Aesthetics:

51. A landscape and irrigation plan shall be submitted for review and approval by the City Engineer for the areas along the public right of way.

52. Subdivisions containing three or more lots along the same frontage, not inclusive of knuckle or cul-de-sac lots or lots with a similar curvature, shall provide staggered front yard setbacks. A minimum variation of three (3) feet shall be required to satisfy this standard

53. Dedicated pedestrian accessways shall be integrated into the subdivision design and shall provide, at a minimum, a 5-foot path of travel from interior streets to adjacent external streets. Pedestrian access shall be achieved from any lot within the subdivision to any major street by a walking distance of no less than one-half mile. Pedestrian access shall be achieved from any lot within the subdivision to any park or trail by a walking distance of no less than one-quarter mile. Such access shall be achieved through layout of the internal streets, provision of daylighted cul-de-sacs, pedestrian access gates, or other dedicated pedestrian pathways. Such pedestrian accessways shall also accommodate bicycles.

54. All vehicular entries to the subdivision shall provide entry signage. Entry signage may be located on both corners at the entry or may be located within a median at the entry, subject to approval by the Community Development Director

55. All entries to the subdivision shall provide enhanced landscaping. Enhanced landscaping shall be demonstrated through the use of distinct plant and tree species as well as the location and pattern of plantings, which shall be unique from the remainder of landscaping along the external street frontages.

56. Trees shall be provided every thirty (30) linear feet along the perimeter street frontages where a block wall is required and located a minimum of three (3) feet from the back of sidewalk. Such trees shall be planted at the midpoint between street trees spaced within the public right-of-way to provide alternating trees on either side of the sidewalk.

Utilities:

57. All existing overhead utilities along the frontage of the subdivision shall be undergrounded, as confirmed by the City Engineer.

58. The developer shall provide a street light plan for review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of construction. Streetlights shall be provided by the developer and maintained by the City pursuant to PG&E rate schedule LS2C.

59. Developer shall work with PG&E for the preparation of a utility plan, subject to the review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of 237
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construction. All work shall be completed such that no street surface need be reopened for service.

Irrigation:

60. Any irrigation pipelines maintained by Consolidated Irrigation District (CID) shall be relocated outside of the street right-of-way, except at street crossings. Any irrigation lines that must remain in service shall be reconstructed with rubber gasket reinforced concrete pipe.

61. All abandoned irrigation lines serving the property shall be removed.

Hold Harmless and Indemnification Condition:

62. Hold Harmless and Indemnification Condition. 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 Fowler 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, and for any and all costs, attorney’s fees, and damages arising therefrom (collectively “Claim”). The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. If the City fails to promptly notify the Applicant of any Claim or if the City fails to cooperate fully in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City.

Nothing in this condition shall obligate the City to defend any Claim and the City shall not be required to pay or perform any settlement arising from any such Claim not defended by the City, unless the City approves the settlement in writing. Nor shall the City be prohibited from independently defending any Claim, and if the City decides to independently defend a Claim, the Applicant shall be responsible for City’s attorney’s fees, expenses of litigation and costs for that independent defense. Should the City decide to independently defend any Claim, the Applicant shall not be required to pay or perform any settlement arising from any such Claim unless the Applicant approves the settlement.

Signature of Applicant: ____________________________________________________ Date: ____________________________
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Attachment C
Annexation Map
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