Fresno City Council
March 30, 2023

Exhibit F – Conditions of Approval dated October 28, 2022

Planning and Development Department

Jennifer K. Clark, AICP, HDFP
Director

2600 Fresno Street, Room 3043
Fresno, California 93721-3604
(559) 621-8277
www.fresno.gov

Please reply to:

Thomas Veatch
[email protected]

October 28, 2022

Dan Nguyen
Gray Construction
[email protected]
(Sent via email only)

SUBJECT: DEVELOPMENT PERMIT APPLICATION NO. P22-00565 FOR PROPERTY LOCATED AT 791 AND 998 EAST NORTH AVENUE (APN’s: 329-090-16, 17) On October 28, 2022 , the Planning and Development Director approved Development Permit Application No. P22 -00565, authorizing the construction of a ±204,979 square- foot two -story warehouse with ±23,349 square-foot ancillary office space; truck wash; and truck maintenance shop on a vacant parcel located at the address noted above. In addition, on and off-site improvements are proposed, including but not limited to: two (2) new drive approaches, 273 parking stalls, 54 truck trailer stalls, outdoor patio area, fencing, landscaping, curbs, gutters, and sidewalks. The project will operate 24 hours a day, seven days a week. The property is zoned IH/UGM ( Industrial Heavy/Urban Growth Management).

The proposed project was determined to be consistent with the existing general plan, community plan, and zoning per S ection 15183 of the California Environmental Quality Act (CEQA) on October 28, 2022.

CONDITIONS OF APPROVAL

PART A - ITEMS TO BE COMPLETED
The following items are required for the compliance review process to be completed prior to plan check submittal:

Planner to check when completed

1.  The development shall take place in accordance with Exhibits A, E-1. E-2, F-1 to F-7. L-1 to L- 7, and O dated 5/13/2022; Corrected Exhibit A-1.a and A-1.b dated 8/11/2022; Traffic Planning commented Exhibit CP -1 dated 6/06/22; and PW Street trees commented Landscape plan dated 5/26/22. Contact Planner prior to final back check submittal for sign- off of the final approved site plan.

2.  A recorded parcel merger is required between the two subject parcels. Provide Planner documentation of recorded merger prior to compliance review submittal.

3.  Provide a photometric site plan demonstrating that lighting will comply with FMC Section 15- 2508 (Lighting and Glare), Section 15-2015 (Outdoor Lighting and Illumination), and PEIR MM AES 4.1, 4.3.

Identify the height of light poles on the site plan.

4.  Review and consider the implementation of policies included in the attached Warehouse Projects: Best Practices and Mitigation Measures to comply with the California Environmental

Development Permit Application No. P22-00565
October 28, 2022

Quality Act Attorneys General memo (2021). Provide Planner documentation of any applicable policies or measures enacted.

5.  For compliance review, provide planner landscape elevation plans for East North Avenue and South East Avenue frontages.

Revise landscaping along portions of East North Avenue and South East Avenue frontages to ensure landscaping, at the point of maturity , will provide complete screening of the outdoor storage areas (heavy truck and parking and loading areas and drive approaches utilized by heavy trucks) from ground level to a minimum height greater than 14 feet with a minimum width of 10 feet.

6.  Landscaping must be in place before issuance prior to occupancy and final inspection. A Hold on Occupancy/Final Inspection shall be placed on the proposed improvements until landscaping has been approved and verified for proper installation by the Planning Division. (Include this note on the site and landscape plans.)

7.  Prior to granting of occupancy/final inspection, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system has been installed in accordance with the landscaping and irrigation plans approved by the Planning Division. (Include this note on the site and landscape plans)

8.  Pursuant to Section 15 -2508 of the FMC, lights shall be placed to deflect the light away from adjacent properties and public streets and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street.

PART B:- COMMENTS FROM OTHER DEPARTMENTS

Planner to check when completed

1.  FIRE DEPARTMENT
Approved as submitted. No appointment or initial is required. Approval of this plan does not authorize or approve any omission or deviation from applicable adopted codes and standards.

Final approval is subject to field inspection.

The Fire Department reviewed this project only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) onsite. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Buildi ng and Safety Section of DARM when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building.

This addendum review is a review of the areas noted with a cloud or delta only. Any current or future approval for this plan will be for the clouded areas only and shall not constitute an approval for any areas or changes not shown on the plans with a cloud or delta. Any changes in this addendum plan that affect fire and life-safety system permits issued by the Fresno Fire Department shall result in an addendum submittal of the fire and life- safety system to the Fresno Fire Department for review and approval. ***Areas that were not noted on the plan as requested were confirmed on the Civil Drawing for aerial access. Fire Pump notes to be included in building plan submittal.

2.  PUBLIC WORKS – TRAFFIC PLANNING
Development Permit Application No. P22-00565
October 28, 2022

See attached Traffic Planning conditions memo and commented CP1 site plan dated 6/6/2022.

3.  PUBLIC WORKS ENGINEERING -STREET TREES
See attached Traffic Planning conditions commented plans dated 5/26/22.

The landscape plans submitted by RW Stover & Associates dated February 14, 2022, and received on May 13, 2022, were reviewed, and redline comments were made to the design and can be found under the Documents File. All street trees are shown as onsite trees within ten feet of the back of the sidewalk as onsite trees in-lieu-of street trees which are acceptable t Public Works.

Please submit corresponding irrigation plans for review.

4.  PUBLIC UTILITIES – SOLID WASTE, WATER, SEWER
See attached DPU conditions memo dated 6/1/2022

5.  FRESNO IRRIGATION DISTRICT
See attached FID conditions memo dated 6/6/2022

6.  FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
See attached Notice of Requirements memo dated 6/9/2022.

NOR Review fees & Grading Plan Review fees are due.

Drainage Fees are due.

7.  SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
See attached comment letter dated 6/6/2022

8.  LAND DIVISION IMPACT FEES
See attached comment letter dated 6/10/2022

9.  FRESNO COUNTY ENVIRONMENTAL HEALTH
Recommended Conditions of Approval:

• The proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City's municipal code.

• Facilities that use and/or store hazardous materials and/or hazardous wastes, they shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Any business that handles a hazardous material or hazardous waste may be required to submi t a Hazardous Materials Business Plan pursuant to the California Health and Safety Code (HSC), Division 20, Chapter 6.95, Section 25507 (http://cers.calepa.ca.gov/). Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.

• As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.

• Should any underground storage tank(s) be fo und during construction, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at (559) 600-3271 for more information.

10.  PUBLIC WORKS MAINTENANCE CONDITIONS
See attached memo dated 6/8/2022

Development Permit Application No. P22-00565
October 28, 2022

PART C - PLANNING - OTHER REQUIREMENTS

1. Planning/Zoning/Environmental Compliance Requirements a. The development shall follow the policies of the Fresno General Plan, Roosevelt Community Plan, and the Employment – Heavy Industrial planned land use designation. b. The development shall follow the IH/UGM (Heavy Industrial/Urban Growth Management ) zone district and all other applicable sections of the FMC. c. Comply with the operational statement submitted for the proposed project dated 5/13/2022. d. The parking lot shall comply with all City of Fresno Parking Manual California Building Code and American Disabilities Act requirements.
e. Comply with any applicable conditions listed in the attached General Notes and Requirements document.
f. Comply with all applicable mitigation measures detailed in the Program Environmental Impact Report (PEIR) and Mitigation Monitoring Checklist for the Fresno General Plan and any mitigation measures contained in the prior environmental assessments adopted for the project site.
g. Property development standards and operational conditions are contained in Articles 13 (Employment Districts), 20 ( General Site Requirements ), 23 ( Landscape), 24 ( Parking and Loading), and 25 ( Performance Standards ). Any project revisions, development, and operation must comply with these property development standards and operational conditions.

PART D - MISCELLANEOUS AND GENERAL NOTES AND REQUIREMENTS

1. Approval of this special permit shall be considered null and void in the event of failure by the applicant and the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development, including, but not limited to, the following:
a. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property.
b. All public and private easements, rights -of-way, and any actual or potential prescriptive easements or uses of the subject property; and,
c. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use.

2. Approval of this special permit may become null and void if development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsib ility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically Development Permit Application No. P22-00565
October 28, 2022

submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions.

APPEALS
Please be advised that this project may be subject to various discretionary conditions of approval.

These conditions are based on adopted City plans, ordinances, and policies; those determined to be required through the interdepartmental/ interagency review process; and those determined through the environmental assessment process as necessary to mitigate adverse effects on the health, safety, and welfare of the community. The conditions of approval may also include requirements for development and use that would, on the whole, enhance the project and its relationship to the neighborhood and environment.

All conditions of approval based on adopted plans, codes, and regulations are mandatory. Conditions based on the FMC may only be modified by variance, provided the findings required by FMC Section 15-5506 can be made. Discretionary conditions of approval may be appealed but will ultimately be deemed mandatory unless appealed in writing to the Director within 15 days. In the event you wish to appeal the Director's decision, you may do so by filing a written appeal with the Director. The appeal shall include the appellant's interest in or relationship to the subject property, the decision or action appealed, and specific reasons why the applicant believes the decision or action appealed should not be upheld.

If you wish to appeal the decision, a written request must be received at the Planning and Development Department by November 14, 2022 . The written request should be addressed to Jennifer K. Clark, Director, include the application number referenced above, and emailed to [email protected] and cc: the Planner listed above.

COMPLIANCE REVIEW PROCESS
Please Note: To complete the compliance review process for building permits relative to planning and zoning issues, please upload electronic PDF copies of the corrected, final site plan, elevations, landscape, and irrigation plans, operational statement, any fees and title reports for required covenants, and any required studies or analyses into the compliance record for final review and approval into the compliance record at least 15 days before applying for building permits.

The compliance record number for this application is P22-04215. These documents can be uploaded electronically to the citizen access portal at www.fresno.gov/faaster. Contact Planner once any corrected exhibits are uploaded.

It may be necessary to resubmit these "corrected exhibits" a second time if not all the conditions have been complied with or are not shown on the exhibits. Once the "corrected exhibits" are approved by the Development Services Division, please place these exhibits in the plan check set and contact Thomas Veatch at [email protected] to schedule an appointment to stamp and sign off these exhibits.

Copies of the final approved exhibits stamped by the Development Services Division must be submitted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to the issuance of building permits.

EXPIRATION DATES
The exercise of rights granted by this special permit must be commenced by October 28, 2024 (three years from the date of approval), pursuant to FMC Section 15 5013.

Development Permit Application No. P22-00565
October 28, 2022

Our goal is to continuously improve our customer service. Please take a moment to complete a quick survey linked here. If you have any questions regarding this letter, feel free to give me a call at the number listed above.

Sincerely,

Thomas Veatch
Thomas Veatch, Planner
Development Services Division

REV: June 1, 2015
P22-00565 791 E NORTH AVE MAINTENANCE CONDITIONS

DATE: June 8, 2022

TO: Thomas Veatch, Planner II
Planning & Development Department

FROM: Harmanjit Dhaliwal, Supervising Professional Engineering Public Works Department, Traffic Operations and Planning Division

SUBJECT: PUBLIC WORKS CONDITIONS OF APPROVAL FOR DEVELOPMENT PERMIT P22-00565 REGARDING MAINTENANCE REQUIREMENTS

ADDRESS: 791 East North Avenue
APN: 329-090-16
The Public Works Department has completed its review and the following requirements are to be placed on this development as a condition of approval by the Public Works Department. These requirements are based on City records, standards and the proposed improvements depicted for this development on the exhibits submitted.

ATTENTION:

The item (s) below requires a separate process with additional costs and timelines. In order to avoid delays with the approval of this development, the following item (s) shall be submitted to the Public Works Department and accepted for processing prior to Building Permit approval.

X CFD Annexation Request
Package
Adrian
Gonzalez
(559) 621-8693
[email protected]
X Private Maintenance Covenant

Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed and shall require a revision of this letter.

Any change affecting the items in these conditions requires revision of this letter.

INCOMPLETE Community Facilities District (“CFD”) Annexation Request submittals may cause delays to the annexation process and project approval. The annexation process takes from three to four months and SHALL be submitted for processing prior to Building Permit approval.

All applicable construction plans for this development are to be submitted to the Public Works Department for review and approval prior to the CFD process. The Landscape

REV: June 1, 2015
P22-00565 791 E NORTH AVE MAINTENANCE CONDITIONS
and Irrigation Plans are required to be approved prior to the finalization of the CFD process.

1. The Property Owner’s Maintenance Requirements

The long term maintenance and operating costs, including repair and replacement, of certain required public improvements (“Services”) associated with all new Commercial, Industrial and Multi -Family developments ar e the ultimate responsibility of the Property Owner. The property owner shall provide Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District No. 9 (“CFD No. 9”).

The following public improvements (existing and proposed) are eligible for Services by CFD No. 9 as associated with this development:

 All landscaped areas, trees and irrigation systems, as approved by the Public Works Department, within public street rights -of-way, required public trail easements, and landscape easements located between required sound walls and adjacent to public streets; including without limitation, median islands (1/2 if front age is only on one side) and parkways. (Major an d Local Public Streets)

 All amenities such as benches, drinking fountains, trash receptacles, City required fencing and low voltage lighting , as approved by the Public Works Department for officially designated and required public trails.

 Tree trimming only of required street trees within public street easements along Major and Local Public Street frontages.

 Concrete curb and gutters , valley gutters, sidewalks, curb ramps, median capping and maintenance bands (1/2 if frontage is only on one side), and traffic calming structures in the street rights-of-way. (Major Public Streets)

 Concrete curb and gutters, valley gutters, sidewalks, curb ramps, traffic calming structures, median island curbing and hardscape, street paving and street name signage. (Local Public Streets)

 All costs associated with the street lights (including repair and replacement) within public street rights-of-way. (Major and Local Public Streets)

2. The Property Owner may choose to do one or both of the following:

I. The Property Owner may petition the City of Fresno to request annexation to CFD No. 9 by completing and submitting an Annexation Request Package to the Public Works Department, Land Section for review and approval. The Annexation Request Form is available, along with current costs, on-line at the

REV: June 1, 2015
P22-00565 791 E NORTH AVE MAINTENANCE CONDITIONS
City’s website at http://www.fresno.gov, under the Public Works Department, Developer Doorway.

 Proceedings to annex territory to CFD No. 9 SHALL NOT commence unless this development is within the City limits and all construction plans (this includes Street, Street Light, Signal and Landscape and Irrigation plans as applicable) are considered technically correct.

 The annexation process will be put on HOLD and the developer notified if all of the requirements for processing are not in compliance. Technically Correct shall mean that the facilities and quantities to be maintained by CFD No. 9 are not subject to change after acceptance for processing.

 The annexation process takes from three to four months and SHALL be completed prior to building permit approvals. The review and approval of Landscape and Irrigation Plans are required to be approved by the Public Works Department prior to the completion of the annexation process.

 Public improvements not listed above will require special approval by the Public Works Department Director or his designee.
-OR-
II. The Property Owner may provide for Services privately for the above maintenance requirements. All City maintenance requirements not included for annexation to CFD No. 9 for Services SHALL be included in a Private Maintenance Covenant for the required Serv ices associated with this development or as approved by the City Engineer.

The property owner shall be responsible for the installation and maintenance of any City required street trees and irrigation systems (existing and proposed) within the City rights-of- way sidewalk pattern along Street Name (s) frontage.

The above ground infrastructure within the City rights-of-way currently exists. The property owner shall be responsible for the installation and maintenance of any City required street trees and ir rigation systems (existing and proposed) within the City rights -of-way sidewalk pattern along Street Name (s) frontage.

MAINTENANCE REQUIREMENTS OF PUBLIC IMPROVEMENTS

The Property Owner for commercial, industrial and multi -family developments shall be responsible for providing maintenance for certain required public improvements located within and adjacent to the public streets on the perimeter associated with their development and as approved by the Public Works Department.

This site has the basic maintenance requirements per the Fresno Municipal Code for their frontage. The above ground infrastructure within the City rights -of-way already exists.

The property owner shall be responsible for the installation and maintenance of any City

REV: June 1, 2015
P22-00565 791 E NORTH AVE MAINTENANCE CONDITIONS
required street trees and irrigation systems (existing and proposed) within the City rights- of-way along the Major and Local Street frontage.

Any change to this development that would affect these conditions shall require a revision of this letter.

For any questions regarding these conditions please contact me at (559) 621-8693 / [email protected]

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P22-00565 NORTH 791 E.doc

SUBJECT: Conditions of Approval for P22-00565

DATE: June 6, 2022

TO: T homas Veatch, Planner II
Planning and Development Department

FROM: Andreina Aguilar, Engineer II
Public Works Department, Traffic Planning Section

ADDRESS: 791 East North Avenue

APN: 329-090-17, -16

ATTENTION:

The items below require a separate process with additional fees and timelines, in addition to the development permit process. Submit the following items early to avoid delaying approval of building permi ts. Final approval of the site plan is contingent on receipt of all items checked below.

To be completed: Point of
Contact
Department and Contact
Information
Deeds (up to 2-month processing time)
Deeds are required to provide easements to the
City for required public improvements. They
shall be prepared by the owner / developer’s
engineer. Contact Jeff Beck for fees and
processing requirements. Provide a copy of the
recorded dedications to Traffic Planning prior to
the issuance of building permits.
https://www.fresno.gov/publicworks/engineering-
services/#tab-5

Jason
Camit
Public Works Department
(559) 621-8681
[email protected]

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P22-00565 NORTH 791 E.doc

ATTENTION:

Prior to resubmitting the corrected exhibit, provide the following information and conditions of approval on the site plan:

A. GENERAL REQUIREMENTS

1. Address: Verify the project address with the Planning and Development Department.

2. Assessor’s Parcel Number (APN): Provide APNs.

3. Legal description: Provide legal description.

4. Easements: Revise and dimension proposed easements.

5. Required Notes: Revise General Notes to include the required Public Works Department notes.
a. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California.
b. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy. c. Two working days before commencing excavation operations within the street right-of way and/or utility easements, all existing underground facilities shall have been located by UNDERGROUND SERVICES ALERT (USA).

CALL 1-800-642-2444
d. The performance of any work within the public street right-of-way requires a street work permit prior to commencement of work. All required street improvements must be completed and accepted by the City prior to occupancy.
e. Deeds are required to provide easements to the city for required public improvements. They shall be prepared by the owner / developer’s engineer.

Executed copies shall be submitted to the city with verification of ownership prior to the issuance of building permits.
f. Underground all existing overhead utilities within the limits of this application as per Fresno Municipal Code Section 15-2017 and Public Works Policy No. 260.01.
g. Submit street construction plans to the Public Works Department. h. Submit street lighting plans to the Public Works Department. i. Submit signing and striping plans to the public works department. Comply with the current Caltrans standards.
j. Provide a 4' minimum path of travel along the public sidewalk directly in front of property, to meet current accessibility regulations. A pedestrian easement may be required if requirements are not met.
k. Contact the Public Works Department, Traffic Engineering at 559-621-8800, 10 working days prior to any offsite concrete construction. l. All existing sidewalks in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works.

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m. All development shall take place in accordance with all city, state, federal laws and regulations.

B. OFFSITE INFORMATION:

1. Public Street Improvements:
a. Street pavement
b. Concrete curb, gutter, and sidewalk
c. Sidewalk drains
d. Drive approaches
e. Street-type approaches
f. Curb ramps
g. Bus bay
h. Streetlights
i. Street tree wells
j. Undergrounding of overhead utilities

2. Street furniture: Identify utility poles, boxes, guy wires, signs, fire hydrants, bus stop benches, trash receptacles, etc.

3. Accessibility: Identify and dimension the required 4’ minimum path of travel along the public sidewalk adjacent to the property. Provide pinch point dimensions. A pedestrian easement may be required if Title 24 requirements cannot be met.

C. ONSITE INFORMATION:

1. State standard “STOP”: Identify and install 30" state standard "STOP" signs at the locations shown. Signs shall be mounted on a 2" galvanized post with the bottom of the lowest sign 7’ above ground, located behind curb and immediately behind a major street sidewalk.

PUBLIC IMPROVEMENT REQUIREMENTS

The following requirements are based on city records and the accuracy o f the existing and proposed o n-site and off -site conditions depicted on the exhibits submitted.

Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed. Construct additional offsite improvements, including but not limited to, concrete curb, gutter, sidewalk, approaches, ram ps, pavement, utility relocations, etc. in accordance with City of Fresno’s Public Works Standards, Specifications, and the approved street plans.

Repair all damaged and/or off grade off -site concrete street improvements as determined by the City of Fresno Public Works Department, Construction Managem ent Division,

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(559) 621- 5600. Pedestrian paths of t ravel must also meet current accessibility regulations.

Underground all existing overhead utilities within the limits of this site/map as per F resno Municipal Code Section 15-2017 and Public Works Policy No. 260.01.

The construction of any overhead, surface or sub- surface structures and appurtenances in the public right of way is prohibited unless an Encroachment Covenant is approved by the City of Fresno Public Works Department , Traffic and Engineering Ser vices Division, (559) 621-8693. Encroachment Covenant must be approved prior to issuance of building permits.

North Avenue: 4-Lane Arterial
(Provide the following as notes on the site plan.)

1. Construction Requirements:
a. The proposed street type approaches shown as P- 76 and/or P-77, this is a tentative approval until such t ime that a qualified Civil Engineer prepares street plans that provide the sufficient cross drainage approved by the City Engineer in accordance with Public Works Standard P-10. If grades are not sufficient, construct to Public Works Standards P-2 and P-6. Provide 10’ of red curbing (3 coats) on both sides of the proposed driveway approaches. b. Construct 10’ sidewalk to Public Works Standard P-5. Construct 5’ x 6’ tree wells per Public Works Standard P-8 (modified). Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C).
c. Modify or replace the existing ramp to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. d. Provide a 12 ’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B.

East Avenue: 2-Lane Collector
(Provide the following as notes on the site plan.)

1. Dedication Requirements:
a. Dedicate a 42’-48’ street easement from street centerline within the limits of this application, per Public Works Standard P-54. Center line shall b e established per County Precise Plan No. 94.
b. Dedicate 2’ street easement to accommodate the 10 ’ monolithic sidewalk required for the 80’ bus bay.

2. Construction Requirements:
a. Construct 20’ of permanent paving per Public Works Standard P-50, within the limits of this application and transition paving as necessary. b. Construct a driveway approach to Public Works Standards P-2 and P-6 , as approved on the site plan. Construct permanent pa ving as needed per Public Works Standard P-48. Provide 10’ of red curbing (3 coats) on both sides of the

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proposed driveway approaches . Construct a concrete pedestrian walkway behind all driveway approaches as identified on Exhibit “A”. c. Construct concrete curb, gutter , and sidewalk to Public Works Standard P-5 .

The curb shall be constructed to an 8’ commercial pattern. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C).
d. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-7A for Collectors. Streetlights installed on major streets shall be fed from a service pedestal with a master photo control as detailed in Section 3-3.17 of the City Specifications and Public Works Standards E-15, E- 17 and E-18 or as approved by the City Engineer.
e. Construct an 80’ bus bay curb and gutter at the southwest corner of North and East Avenues to Public Works Standard P-73, complete with a 10’ monolithic sidewalk.
f. Provide a 12 ’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B.

Public Improvement Plans are required and shall be approved by the City E ngineer.

Contact Francisco Magos at (559) 621- 8679 or at [email protected] an d submit
Public Improvement Plans for all required work, in a single package, to Engineering Services Division. Dedica tions shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed for Collectors and 55 MPH for A rterials. Utility poles, streetlights , signals, etc. shall be relocated as determined b y the C ity Engineer. The performance of any work within the public right of way and/or easements (including street, bike, pedestrian, landscape, and utility easements) r equires a Street Work Permit prior to commencement of work.

Contact Public Works Depart ment at (559) 621- 8800, 10 working days prior to construction of any improvements in the public right -of-way and/or easements. All improvements shall be constructed in accordance with the City of Fresno, Public Works Department Standard Drawings and Specifications. Traffic Control Plans shall be required to ensure the sidewalk, or an approved accessible path remains open during construction.

Contact Melessa Avakian at (559) 621-8 812 or at Melessa.Avakian@f res no.gov a nd submit Traffic Control Plans to the Traffic Operations and Planning Division. All work shall be reviewed, approved, completed, and accepted prior to obtaini ng a cer tificate of occupancy.

T
wo working days before commencing excavation operations within the street right of way and/or utility easements, all existing underground facilities shall have been located by Underground Services Alert (USA) Call 811.

Any survey monuments within the area of construction shall be preserved or rese t by a person licensed to practice Land Surveying in the State of California.

PRIVATE IMPROVEMENT REQUIREMENTS

Off-S
treet Parking Facilities and Geometrics:

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Contact the P lanning and Development Department for review and approval of onsite parking. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Works Standards (P-21, P-22, and P-23) and Specifications. Parking must also comply with t he California Building Code’s accessibility requirements and the Fire and Sol id Waste Department’s minimum turning templates.

Provide corrections as noted on Exhibit “A”.

Traffic Signal Mitigation Impact (TSMI) Fee : T
his project shall pay all applicable TSMI
Fees at the time of building permit . Contact the Publ ic Works Department, Frank Saburit at (559)621-8797. The fees are based on the Master fee schedule.

Fresno Major Street Impact (FMSI) F
ees: This entitlement is in the New Growth Area ;
therefore pay all appli cable growth area fees and citywide regional street i mpact fe es.

Contact the Public Works Department, Frank Saburit at (559) 621-8797.

Regional Transportation Mitigation Fee (RTMF): Pay all applicable RT MF fees to the
Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext. 200; www.fresnocog.org. Provide proof of payment or exe mption prior to issuance of certificate of occupancy.

I
n order to obtain street or building permit approval from the Public Works Department, an approval stamp with a signature from Traffic Planning is required on the site plan and inserted in the building sets.

Questions relative to these conditions may be directed to Andreina Aguilar (559) 621- 8674 [email protected] i
n the Public Works Department, Traffic Planning
Section.

DEPARTMENT OF PUBLIC UTILITIES

MEMORANDUM

DATE: June 1, 2022

TO: MINDI MARIBOHO – Development Services Coordinator
Planning & Development Department – Current Planning

FROM: ROBERT A. DIAZ, Supervising Engineering Technician Department of Public Utilities – Utilities Planning & Engineering

KEVIN GRAY, Supervising Engineering Technician
Department of Public Utilities – Utilities Planning & Engineering

SUBJECT: DPU CONDITIONS OF APPROVAL P22-00565 FRESNO
DISTRIBUTION WAREHOUSE APN’S 329-090-16 AND 329-090-17

General Requirements

1. All Department of Public Utilities facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies.

2. Street work permit is required for any work in the Right-of-Way.

3. Site plan is incorrect. North Avenue is on along the north frontage of the parcel whereas East Avenue is on the east property line of the parcel.

Water Service Requirements

1. On-site water facilities shall be private.

2. Installation of water service(s) and meter box(es) shall be required.

3. Destruct any existing on-site well in compliance with the State of California Well Standards, Bulletin 74-81 and 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards.

4. All Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies.

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Department – Current Planning
June 1, 2022
DPU CONDITIONS OF APPROVAL P22-00565 FRESNO DISTRIBUTION WAREHOUSE APN’S 329-090-16 AND 329-090-17

Water Supply Requirements

1. The project applicant shall be required to pay Water Capacity Fee charges for the installation of new water services and meters to serve the property. a. The Water Capacity Fee charge assessed to the applicant shall be based on the number and size of service connections and water meters required to serve the property.
b. The Water Capacity Fee charges by meter size are defined in the City’s Master Fee Schedule.
c. The City reserves the right to require an applicant to increase or decrease the size of a water meter for a project or a property to ensure that the meter is properly sized to accommodate fire protection requirements, and to allow for accurate volumetric flow measurements at low- and high-flow conditions.
d. The Water Capacity Fee Charge for any new or expanded service connection shall be payable prior to the issuance of a building permit at the fee level in effect on the date such permit is issued.

2. The project applicant shall be required to pay all other water-related fees and charges in accordance with the City’s Master Fee Schedule and Municipal Code.

Sewer Requirements

The nearest sanitary sewer main to serve the proposed project is a 12-inch sewer main located in South East Avenue. Sanitary sewer facilities are available to provide service to the site subject to the following requirements:

1. Future connection to the City of Fresno 66-inch trunk is not permitted. However, there is an existing 10-inch stub out for connection of future facility. Contact the City if this not an option.

2. Installation of sewer house branch(s) shall be required.

3. On-site sanitary sewer facilities shall be private.

4. Abandon any existing on-site private septic systems.

5. The Project Developer shall contact Utility Billing and Collection Services at (559)

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Department – Current Planning
June 1, 2022
DPU CONDITIONS OF APPROVAL P22-00565 FRESNO DISTRIBUTION WAREHOUSE APN’S 329-090-16 AND 329-090-17

621-6765 prior to pulling building permits regarding conditions of service for special users.

Sanitary Sewer Fees

The following Sewer Connection Charges are due and shall be paid for the Project:

1. Sewer Lateral Charge.

2. Sewer Oversize Area #31.

3. Sewer Facility Charge (Non-Residential)

4. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Sections 6-304 and 6-305. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable.

5. Sewer Facility Charges are collected after occupancy on a monthly basis over time based on metered (water or sewer effluent) usage. The developer may contact the Department of Public Utilities/Wastewater-Environmental Control at (559) 621-5153 to receive an estimated cost of the Sewer Facility Charges applicable to the project (based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates [flow] and loading [BOD/TSS levels] required for calculating the estimated charge.

Solid Waste Requirements

This location is serviced by a Commercial Solid Waste Franchisee. For service information, please contact Mid Valley Disposal at 559-237-9425.

1. The proposed square footage and planned use of the project will generate 71 cubic yards of recycled and 71 cubic yards of trash. Therefore, according to the City of Fresno Development Standards for Refuse Storage Space analysis the site will require 6 trach enclosure with a service frequency of 3 times a week.

2. This location will require a one, 2-cell trash enclosure, designed to accommodate separate facilities containing 2 - 4cu. yd. bins, one for trash and one for recycling

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Department – Current Planning
June 1, 2022
DPU CONDITIONS OF APPROVAL P22-00565 FRESNO DISTRIBUTION WAREHOUSE APN’S 329-090-16 AND 329-090-17

collection to be constructed to current Solid Waste standards (P-33, P-34 and P-95) to be serviced weekly.

3. Developer will need to provide a 44’ (centerline) turning radius at all corners and a T- turnaround (or hammerhead) area where the solid waste vehicle is to turn around.

COUNCIL DISTRICT 3 PROJECT REVIEW COMMITTEE MEETING MINUTES Tuesday, June 14, 2022 – 5:30 p.m.

Planning and Development Department – Development Services Division Fresno City Hall, Zoom

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 5:35 p.m. with a master roll call.

Present – 5: James Sponsler (Chairperson), Debbie Darden (Vice Chairperson), Griffin Estes, Andrew Feil, Crystal Vasquez* *Committee Member Vasquez joined at 6:09 p.m. during the presentation of Item 6A.

Absent – 0: None
Committee Staff: Gabriela Olea, District 3 Council Office (absent) Rob Holt, Planning and Development Department

2. APPROVAL OF THE AGENDA
Vice Chairperson Darden moved to approve the agenda, seconded by Committee Member Estes. The motion carried unanimously, 4 votes to 0.

3. APPROVAL OF THE MINUTES
Vice Chairperson Darden moved to approve t he meeting minutes for May 24, 2022, seconded by Committee Member Estes. The motion carried unanimously , 4 votes to 0.

4. UNSCHEDULED COMMUNICATIONS
Ivanka Saunders informed the Committee of a new construction project proposed across from the Kepler Neighborhood School , close to the playground on Broadway.

5. PROJECT REVIEW – CONTINUED MATTERS
None.

6. PROJECT REVIEW – NEW MATTERS
A. Development Permit Application No. P22-00565
This application was filed by Rafik Albert of EPD Solutions, Inc., on behalf of Loan Oak – Fresno, LLC, and pertains to approximately 14.78 acres of property located on the southwest corner of East North and South East Avenues (791 East North Avenue). The applicant is requesting authorization to construct an approximate 204,979 sq. ft. two- story warehouse building with

2 23,349 sq. ft. ancillary office space. The proposed project will also include a truck wash, truck maintenance shop, and outdoor patio area. The proposed project would be utilized as a food and beverage industrial storage area and operations will be 24 hours per day, 7 days per week. The property is zoned IH (Employment – Heavy Industrial).

The representatives of the project, Bruce Gillings and Phil Erdman, w ere present for the meeting and Bruce Gillings presented the item.

Committee Member Estes moved to approve the item, seconded by Chairperson Sponsler. The motion was approved, 4 votes to 1.

Vote Tally
Ayes (4): Estes (motion), Sponsler (second), Darden (vice chair), Vasquez Noes (1): Feil
Abstain (0): None
Absent (0): None
B. Conditional Use Permit Application No. P21-06275
This application was filed by Eric Vincent of Vincent Designs / E & L Construction, and pertains to approximately 4.40 acres located on the north side of East Dorothy Avenue, between South Cherry and South East Avenues (2839 East Dorothy Avenue). The applicant is requesting authorization to establish a new water treatment and remediation business including hazardous chemical storage within a 25,695 sq. ft. industrial building currently under construction, approved under a separate entitlement (Development Permit Application No. P18 -03647). The property is zoned IH (Employment – Heavy Industrial).

The representative of the project, Eric Vincent, was present for the meeting and presented the item.

Vice Chairperson Darden moved to deny the item, seconded by Committee Member Feil. The motion was unanimously approved, 5 votes to 0.

Vote Tally
Ayes (5): Darden (motion), Feil (second), Estes, Vasquez, Sponsler (chair) Noes (0): None
Abstain (0): None
Absent (0): None

7. COMMUNICATIONS FROM THE OFFICE OF THE COUNCILMEMBER
Staff Liaison Holt informed the Committee that Chief of Staff Gabriela Olea was unavailable to attend due to the budget hearings, and relayed to the Committee to provide any concerns or comments on projects or the budget to her.

8. ADMINISTRATIVE MATTERS
3 Chairperson Sponsler asked if a workshop could be presented on the status of the South Central Specific Plan due to an influx of projects being brought to the Committee within this proposed Specific Plan area.

9. ADJOURNMENT
The Committee, having concluded all business, adjourned at 6:37 p.m.

You can find the recording of the meeting at the following link: Zoom Recording Access Passcode: Wks#P4kP
Respectfully,

Rob Holt
Committee Staff Liaison

PROJECT NO:

APN:

ADDRESS:

SENT:
2022-00565
998 E. NORTH AVE.
329-090-17, 329-090-16
June 09, 2022

PUBLIC AGENCY

THOMAS VEATCH

DEVELOPMENT SERVICES/PLANNING

CITY OF FRESNO
2600

FRESNO STREET, THIRD FLOOR

FRESNO, CA
93721-3604

DEVELOPER

PEHR PETERSON, REYES HOLDINGS, LLC
6250
N. RIVER RD.

ROSEMONT, IL
60018
Drainage Area(s)
Preliminary Fee(s)
AW2
$115,862.00
Development Review
Service Charge(s)
Fee(s)
NOR Review
$562.00
To be paid prior to release of District comments to Public Agency and Developer.

Grading Plan Review
$2,857.00
Amount to be submitted with first grading plan submittal.

Total Drainage Fee: $115,862.00
Total Service Charge: $3,419.00
The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements.

Pursuant to the District
’
s Development Review Fee Policy, the subject project shall pay review fees for issuance of this Notice of Requirements (NOR) and any plan submittals requiring the District ’
s reviews. The NOR fee shall be paid to the District by Developer before the Notice of Requirement will be submitted to the City. The Grading Plan fee shall be paid upon first submittal. The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal.

The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through 2/28/23
based on the site plan
submitted to the District on
5/13/22
Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area.

Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a.)
Fees related to undeveloped or phased portions of the project may be deferrable. b.)
Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration.
c.)
Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)
The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation.
e.)
When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. f.)
Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5% of the refund whichever is less will be retained without fee credit. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS
File No. 210.412

Approval of this development shall be conditioned upon compliance with these District Requirements.

1. a.

Drainage from the site shall
X
b.

Grading and drainage patterns shall be as identified on Exhibit No. 1

c.

The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan.

2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency:

Developer shall construct facilities as shown on Exhibit No. 1 as X
None required.

3. The following final improvement plans and information shall be submitted to the District for review prior to final development approval:

X
Grading Plan
X
Street Plan

Storm Drain Plan

Water & Sewer Plan

Final Map

Drainage Report (to be submitted with tentative map)

Other

None Required

4. Availability of drainage facilities:

X
a.

Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s).

b.

The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service.

c.

Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available.

d.

See Exhibit No. 2.

5. The proposed development:

Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.)
X
Does not appear to be located within a flood prone area.

6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards.

These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction.

a.

State General Permit for Storm Water Discharges Associated with Construction Activities, effective July 1, 2010, as amended. A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre) if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent and Permit Registration Documents to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance.

b.

State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 2014 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board.

c.

The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff.

8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements.

9. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies.

10. X
See Exhibit No. 2 for additional comments, recommendations and requirements.

Debbie Campbell
Rick Lyons
Design Engineer, RCE
Engineering Tech III
Digitally signed by Debbie Campbell Date: 6/9/2022 11:28:09 AM Digitally signed by Rick Lyons Date: 6/6/2022 10:54:28 AM CC:

SPAN DEVELOPMENT LLC
1841 HOWARD RD.

MADERA, CA 93637
5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

FR DPA 2022-00565
48 48

EAST AVE

NORTH AVE

ANGUS ST
''AW2''
48 24
36 30
54 36
24 48
24 36
30 BASIN
''AW2''

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
EXHIBIT NO. 1
FR DPA 2022-00565
Prepared by: danielg
Date: 6/3/2022
Path: K:\Autocad\DWGS\0EXHIBIT\CITYDPA\2022-00565.mxd
1 " = 200 '
DRAINAGE AREA "AW2"
LEGEND
NOTE: THIS MAP IS SCHEMATIC.

DISTANCES, AMOUNT OF CREDITABLE

FACILITIES, AND LOCATION OF INLET
BOUNDARIES ARE APPROXIMATE.

Existing Master Plan Facilities
Inlet Boundary
Future Master Plan Pump Station
Private Facilities
Direction Of Drainage
If the project is proposing a depressed loading dock (below grade connection) with a direct or private connection to the District system, a signed agreement between the property owner and District is required. Said agreement will require annual reporting and inspection.

The Applicant shall provide the District with a Letter of Applicability (LOA), signed by the Owner/Operator, which commits the Owner/Operator to obtaining either one of the following under the State of California Industrial General Permit (IGP):
1 ) a Notice of Intent (NOI),
2 ) No
Exposure Certification (NEC), or
3 ) Notice of Non-Applicability (NONA).

The State Water Resources Control Board (SWRCB) IGP requires that certain industrial and commercial businesses obtain a permit to discharge stormwater from the facility. The Owner/Operator
’
s primary Standard Industrial Classification (SIC) code shall be used to determine whether IGP coverage is required. Those SIC Codes which require coverage under the IGP are included in Attachment A of said permit. The Industrial General Permit can be found at:
http:/www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml.

If the Applicant commits to obtaining an NOI, the Owner/Operator shall demonstrate, in the LOA, how pollutants are controlled below any applicable IGP Numeric Action Levels (NAL). If the Applicant proposes to construct stormwater quality controls to treat or infiltrate stormwater discharges for any applicable pollutant listed in the IGP, the Applicant shall prepare a Priority Project Submittal as defined in the District
’
s Post-Development Manual.

In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system.

The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff.

Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be treated before discharging it off-site or into a storm drain.

Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas shall not be connected to the District
’
s system. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District ’
s policy governing said industrial site
NPDES program requirements is available on the District ’
s website at:
www.fresnofloodcontrol.org or contact the District
’
s Environmental Department for further
information regarding these policies related to industrial site requirements.

Development No.

FR DPA No. 2022-00565

OTHER REQUIREMENTS
EXHIBIT NO. 2

OPERATIONAL STATEMENT
RCCB Fresno Distribution Warehouse
Development Permit

2/14/2022

Project Description:

A Development Permit is being submitted by Rafik Albert of Lone Oak - Fresno, LLC and pertains to 14.78 acres of property located at 791 and 998 E. North Avenue, APNs: 329-09-016 and -017 and is zoned Heavy Industrial (IH) with a planned land use of Employment – Heavy Industrial (IH). The applicant is requesting authorization to: construct a 204,264 sq. ft. warehouse with ancillary office space, with a future expansion option of 40,300 sq. ft. of warehouse. The existing site consists of vacant land with no existing parking spaces. The proposed hours of operation are 24 hours a day, 7 days a week.

Other facts pertinent to this project are as follows:

Project Narrative:

The project is a 204,979 sq. ft. warehouse with ancillary office space. The building shell will include a 2- story office area to be constructed of concrete tilt-up panels, a panelized roof system, a clear height of 36’ clear starting at the speed bay, 29 dock-high doors, a truck wash and truck maintenance shop attached to the warehouse space, and a small outdoor patio space. Also included are a truck yard, automobile parking areas, truck parking, and stormwater management areas. The building will be fully air conditioned, and will be used for Food and Beverage Industrial Storage Space. The yard will be fully secured with rolling gates and fences, with ingress and egress from both E. North Avenue and S. East Avenue. A potential future expansion area for the warehouse (40,300 sq. ft.) is located along its western side.

Parking will exceed City requirements, with 273 auto stalls provided (117 stalls required). 54 trailer stalls will be included. Auto stalls would be located along the north and east sides of the building, adjacent to E. North Avenue and S. East Avenue, and trailer stalls would be on the south side of the building.

The project site is currently vacant and unutilized. The proposed use is surrounded by similar industrial uses and will not conflict with local uses.

APPL. NO.____________EXHIBIT_________DATE________
PLANNING REVIEW BY_________________DATE_________
TRAFFIC ENG.________________________DATE_________
APPROVED BY_______________________ DATE_________

CITY OF FRESNO DARM DEPT
05/13/2022
P22-00565
O

CITY OF FRESNO

DEVELOPMENT AND IMPACT FEE ESTIMATE
Proposed Development:

A.P.N.

Planned Land Use:

Current Zoning:

Site Area:

Building Area:

Entitlement:

Estimate Date:

WATER CONNECTION CHARGES
Service Area Quantity Units Fee Rate Amount Due Notes
Water Service & Meter Charge 2" 1 EA. $2,671.00 $2,671.00 [1] [6] Irrigation Service & Meter Charge 2" 1 EA. $2,671.00 $2,671.00 [1] [6] Time & Materials Charge 8" Fire 1 EA. $16,600.00 $16,600.00 [1] [6] Frontage Charge 1,502 L.F. $6.50 $9,763.00 [1] [6]
Water Capacity Fee 2" 1.00 EA. $12,195.00 $12,195.00 [1] [6] Water Capacity Fee 2" irr. 1.00 EA. $12,195.00 $12,195.00 [1] [6] Total Water Connection Charges $56,095.00 [1]

SEWER CONNECTION CHARGES
Service Area Quantity Units Fee Rate Amount Due Notes
House Branch Sewer Charge [2] EA $0.00 [2] [2]
Lateral Sewer Charge 155,200 Sq.Ft. $0.10 $15,520.00 [6] Oversized Sewer Charge 155,200 Sq.Ft. $0.05 $7,760.00 [6] Wastewater Facilities Charge STEP [3] [3] [4] [7]
Total Sewer Connection Charges $23,280.00 [3]

CITYWIDE/REGIONAL IMPACT FEES
Service Area Quantity Units Fee Rate Amount Due Notes
Citywide Fire Facilities Impact Fee Industrial 204,979 Sq.Ft. $413.00 $84,656.33 [7] Citywide Police Facilities Impact Fee Industrial 204,979 Sq.Ft. $340.00 $69,692.86 [7] Citywide Regional Street Charge Heavy Indust. 11.76 AC $2,865.00 $33,692.40 [6] New Growth Area Major Street Charge Heavy Indust. 11.76 AC $8,058.00 $94,762.08 [6] [8] Citywide Traffic Signal Charge Warehouse 204,979 Sq.Ft. $204.00 $41,815.72 [6] Total Citywide/Regional Impact Fees $324,619.38
Total Fees and Charges $403,994.38
+/- 204,979
P22-00565
June 10, 2022
329-090-16, 17
+/- 14.78 acres
IH/UGM
Food & Beverage Warehouse - 791 E. North Avenue
The following estimates are based on preliminary conceptual information. The exact fee obligation will be computed at the time of development by Public Works Department, Land Division & Engineering. The fee rates in effect at the time of development shall apply.

Employment - Heavy Industrial
See notes on page 2 Printed 6/10/2022 Page 1

CITY OF FRESNO

DEVELOPMENT AND IMPACT FEE ESTIMATE
NOTES:
[6] Due at Building Permit
[7] Due with Certificate of Occupancy
[9] Parks fee applicable only to residential developments Prepared and Reviewed By: Frank Saburit Date: June 10, 2022 (559) 621-8797 NOTICE OF 90-DAY PROTEST PERIOD (GOVERNMENT CODE §66020(d)(1)) A protest filed pursuant to subdivision and/or development (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun.
● The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009-01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Please contact the Council of Fresno County Governments (FCOG) at (559) 233-4148 to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue the Certificate of Occupancy. ● On December 8, 2016, Fresno City Council adopted Resolution No. 2016-258, effective July 1, 2018, administratively updating the impact fees adjusted by this resolution annually to the percentage change in the 20-City Construction Cost Index as reported in the Engineering News Record (ENR) for the 12-month period ending of May of the year of adjustment. ● Payment of Fresno Metropolitan Flood Control District (FMFCD) impact fees may be required. Please contact FMFCD at (559) 456- 3292 to determine fee obligation.
● Payment of applicable school district fees is required prior to issuance of Building Permit. Please contact the respective school district to satisfy your fee obligation. Confirmation by the respective school district is required before the City of Fresno can issue building permits
[3] Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-6765).
[4] The Wastewater Facilities Charge (WWFC) is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For Condominium conversions, WWFC may stay in the S.T.E.P. if the project continues to be master metered for water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees. [2] Sewer House branches to be installed by Developer at the Developer's cost.

Outside agencies developer impact fees: It is the developer's responsibility to contact those agencies for their fee estimates.

These agencies include but are not limited to; Fresno County, Council of Fresno County Governments (FCOG), Fresno Metropolitan Flood Control District (FMFCD), various School Districts that serve the City of Fresno, etc.

Within the City of Fresno's sphere of influence there are other sewer and water utility providers. If the project is within one of those districts, the developer must provide confirmation from the representitive Districts that all conditions for sewer and/or water connections and services have been satisfied, prior to issuance of a Building Permit. [1] Fees for Water Service Connections and/or Meters, and Water Capacity due at time of development. Charges based on service and/or meter sizes, (Rates as established by the Master Fee Schedule), determined by the Developer.

City of Fresno Public Works Department
Land Division & Engineering
[5] The Trunk Sewer Charge is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For Condominium conversions, Trunk Sewer Charges may stay in the S.T.E.P. if the project continues to be master metered for water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees. [10] Fee not applicable on replacement or reconstruction of an existing structure that has been destroyed or demolished provided that the Building Permit for new construction is obtained within one year after the building is destroyed or demolished, and there is no change in the land use designation. (Res. Nos. 2005-428, 429) [11] Subject to the acceptance date of the vesting tentative map, fee may not be applicable until 2-years after the date of Final Map recordation; when applicable, fee is due at Building Permit for all un-developed lots at the fee rate then in effect. [8] Construction Fee Credits may be applicable. Contact the Public Works Engineering Services Division at (559) 621-8685 for more information.

See notes on page 2 Printed 6/10/2022 Page 2

June 6, 2022

Thomas Veatch
City of Fresno
Planning and Development Department
2600 Fresno Street
Fresno, Ca, 93721

Project: PCCB Fresno Distribution Warehouse - P22-00565

District CEQA Reference No: 20220669

Dear Mr. Veatch:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the Development Permit Application (DPA) from the City of Fresno (City). Per the DPA, the project consists of constructing a 204,264 square foot warehouse with a future expansion option of a 40,300 square foot warehouse. In addition, office space, a truck wash/maintenance shop, and an outdoor patio will be constructed on 14.78 acres (Project). The Project is located at 998 E North Avenue in Fresno. The Project lies within one of the communities in the state selected by the California Air Resources Board (CARB) for investment of additional air quality resources and attention under Assembly Bill (AB) 617 (Garcia) in an effort to reduce air pollution exposure in impacted disadvantaged communities.

The District previously commented on the Planning Application - P21-05744 on November 23, 2021. The DPA was received on May 13, 2022. Upon review of the DPA P22-00565, it was found that the DPA provides specific square footage on this warehouse expansion project compared to the general warehouse size provided in the Planning Application. Based on the review of the DPA, the District has no additional comments at this time. For your convenience, the District has attached the previous comment letter sent on November 23, 2021 (District ID: 20211209).

San Joaquin Valley Air Pollution Control District Page 2 of 2 District Reference No: 20220669
June 6, 2022

If you have any questions or require further information, please contact Patrick Chimienti by e-mail at [email protected] or by phone at (559) 230-6139.

Sincerely,

Brian Clements
Director of Permit Services

For: Mark Montelongo
Program Manager

November 23, 2021

Mindi Mariboho
City of Fresno
Planning and Development Department
2600 Fresno Street
Fresno, Ca, 93721

Project: Planning Application - P21-05744

District CEQA Reference No: 20211209

Dear Ms. Mariboho:

The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above from the City of Fresno (City). The project consists of constructing an approximately 200,000 square foot warehouse with ancillary office space that will be located on 14.78 acres (Project). The Project is located at 998 E North Ave, in Fresno, CA (APN 329-090-16, 17) and lies within one of the communities in the State selected by the California Air Resources Board (CARB) for investment of additional air quality resources and attention under Assembly Bill (AB) 617 (2017, Garcia) in an effort to reduce air pollution exposure in impacted disadvantaged communities.

The District offers the following comments:

1) Assembly Bill 617

Assembly Bill 617 requires CARB and air districts to develop and implement Community Emission Reduction Programs (CERPs) in an effort to reduce air pollution exposure in impacted disadvantaged communities, like those in which the Project is located. The South Central Fresno AB 617 community is one of the statewide communities selected by CARB for development and implementation of a CERP.

San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
November 23, 2021
Following a year of extensive community engagement and collaboration with South Central Fresno’s Community Steering Committee, the CERP for the South Central Fresno Community was adopted by the District’s Governing Board in September 2019 and by CARB in February 2020. The CERP identifies a wide range of measures designed to reduce air pollution and exposure, including a number of strategies to be implemented in partnership between agencies and local organizations. The Community Steering Committee has developed a series of emission and exposure reduction strategies with the goal to improve community health by reducing exposure to air pollutants. Such emission reduction strategies include, but are not limited to, enhanced community participation in land use processes, the deployment of zero and near-zero emission heavy heavy-duty (HHD) trucks, HHD truck rerouting analyses, reducing HHD truck idling, and incorporating vegetative barriers and urban greening.

During the development of the CERP, the Community Steering Committee expressed concerns regarding the proximity of emission sources to nearby sensitive receptors like schools, homes, day care centers, and hospitals, and the potential future industrial development within the community that may exacerbate the cumulative exposure burden for community residents. The Community Steering Committee also expressed the desire for more meaningful avenues of engagement surrounding the land-use decisions in the area. The District is committed to strengthening our working relationship with the City to implement the land-use focused air pollution and exposure reduction strategies included in the CERP.

Furthermore, the District recommends the City assess the emission reductions measures and strategies included in the CERP and consider them for the Project, as appropriate, to align the City’s work with the air pollution and exposure reduction strategies and measures outlined in the CERP.

For more information regarding the CERP approved for South Central Fresno, please visit the District’s website at:
http://community.valleyair.org/selected-communities/south-central-fresno

2) Project Related Emissions

At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8-hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8-hour ozone, PM10, PM2.5 standards.

The District’s initial review of the Project concludes that emissions resulting from construction and/or operation of the Project may exceed any of the following

San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
November 23, 2021
significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts: https://www.valleyair.org/transportation/GAMAQI.pdf.

The District recommends that a more detailed preliminary review of the Project be conducted for the Project’s construction and operational emissions.

2a) Construction Emissions

Construction air emissions are short-term emissions generated from construction activities such as mobile heavy-duty diesel off-road equipment, and should be evaluated separately from operational emissions. To reduce impacts from construction emissions sources, the City should consider the feasibility of incorporating the below measure into the Project.

Recommended Measure: To reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment.

2b) Operational Emissions

Operational (ongoing) air emissions from mobile sources and stationary sources should be analyzed separately. For reference, the District’s significance thresholds are identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts: https://www.valleyair.org/transportation/GAMAQI.pdf.

Recommended Mitigation Measure: At a minimum, project related impacts on air quality should be reduced to levels of significance through incorporation of design elements such as the use of cleaner HHD trucks and vehicles, measures that reduce vehicle miles traveled (VMT), and measures that increase energy efficiency. More information on transportation mitigation measures can be found at:
http://www.valleyair.org/transportation/Mitigation-Measures.pdf.

2c) Recommended Model for Quantifying Air Emissions

Project-related criteria pollutant emissions from construction and operational sources should be identified and quantified. Emissions analysis should be performed using the California Emission Estimator Model (CalEEMod), which uses the most recent CARB-approved version of relevant emissions models and emission factors. CalEEMod is available to the public and can be downloaded from the CalEEMod website at: www.caleemod.com.

San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
November 23, 2021
2d) Cleanest Available Heavy Duty Trucks

The San Joaquin Valley will not be able to attain stringent health-based federal air quality standards without significant reductions in emissions from HHD trucks, the single largest source of NOx emissions in the San Joaquin Valley. The District’s CARB-approved 2018 PM2.5 Plan includes significant new reductions from HHD trucks, including emissions reductions by 2023 through the implementation of CARB’s Statewide Truck and Bus Regulation, which requires truck fleets operating in California to meet the 2010 standard of 0.2 g-NOx/bhp-hr by 2023. Additionally, to meet federal air quality attainment standards, the District’s Plan relies on a significant and immediate transition of HHD fleets to zero or near-zero emissions technologies, including the near-zero truck standard of 0.02 g/bhp-hr NOx established by CARB.

Based on the information provided, this Project consists of a warehouse development project that is anticipated to generate HHD truck trips. As such, the District recommends that the following measures be considered by the City for inclusion into the Project to reduce Project- emissions:

 Recommended Measure: Fleets associated with operational activities utilize the cleanest available HHD trucks, including zero and near-zero (0.02 g/bhp-hr NOx) technologies.

 Recommended Measure: All on-site service equipment (forklifts, pallet jacks, etc.) utilize zero-emissions technologies.

2e) Truck Routing

Truck routing involves the assessment of which roads heavy-duty trucks take to and from their destination, and the emissions impact that the trucks may have on residential communities and sensitive receptors. Based on the information provided, the Project consists of a warehouse development project that has the potential to generate HHD truck trips (e.g. deliveries).

The District recommends the City evaluate truck routing patterns within the scope of the Project, with the aim to limit emission exposure to residential communities and sensitive receptors. This evaluation would consider the current truck routes, the quantity and type of each truck (e.g. medium heavy-duty, HHD, etc.), the destination and origin of each trip, traffic volume correlation with the time of day or day of the week, overall VMT, and associated exhaust emissions.

San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
November 23, 2021

2f) Reduce Idling of Heavy Duty Trucks

The goal of this strategy is to limit the potential for localized PM2.5 and toxic air quality impacts associated with failure to comply with the state’s heavy duty anti- idling regulation (e.g. limiting vehicle idling to specific time limits). The Project consists of a warehouse development project that has the potential to generate HHD truck trips (e.g. deliveries). The diesel exhaust from excessive idling has the potential to impose significant adverse health and environmental impacts.

Therefore, the City should consider deploying strategies to ensure compliance of the anti-idling regulation, especially near sensitive receptors, and discuss the importance of limiting the amount of idling within/near the Project site.

Recommended Measure: Fleets limit vehicle idling pursuant to 13 CCR § 2485 and 13 CCR § 2480.

2g) Electric On-Site Off-Road and On-Road Equipment

Since the Project consists of a warehouse development project, it may have the potential to result in increased use of off-road equipment (i.e. forklifts) and/or on- road equipment (i.e. mobile yard trucks with the ability to move materials). The District recommends the City advise the project proponent to utilize electric or zero emission off-road and on-road equipment used on-site for this Project.

3) Health Risk Screening/Assessment

The City should evaluate the risk associated with the Project on sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit emission exposure to sensitive receptors.

To determine potential health impacts on surrounding sensitive receptors a Prioritization and/or a health risk assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminant (TAC) air pollutants identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.

Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the facility, including multi-year construction, as well as ongoing operational activities of the facility. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
November 23, 2021
on-road trucks. A list of TACs identified by OEHHA/CARB can be found at:
https://ww2.arb.ca.gov/resources/documents/carb-identified-toxic-air-contaminants

Prioritization (Screening Health Risk Assessment):

A “Prioritization” is the recommended method for a conservative screening-level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation.

To assist land use agencies and project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here:
http:www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/PRIORITI ZATION%20RMR%202016.XLS

Health Risk Assessment:

Prior to performing an HRA, it is strongly recommended that land use agencies/development project proponents contact the District to review the proposed health risk modeling protocol. A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the project-related health impacts would exceed the Districts significance threshold of 20 in a million for carcinogenic risk, or 1.0 for either the Acute or Chronic Hazard Indices. A project with a significant health risk would trigger all feasible mitigation measures. The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency.

The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:

 HRA AERMOD model files
 HARP2 files
 Summary of emissions source locations, emissions rates, and emission factor calculations and methodology.

For assistance, please contact the District’s Technical Services Department by:

 E-Mailing inquiries to: [email protected]
 Calling (559) 230-5900
 Visiting the Districts modeling guidance website at:

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District Reference No: 20211209
November 23, 2021
http://www.valleyair.org/busind/pto/Tox_Resources/AirQualityMonitoring.htm.

Recommended Measure: Development projects resulting in toxic air contaminant emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective.

Recommended Measure: A health risk screening and/or assessment should be performed to assess potential risks to sensitive receptors for all of the following projects:

 Projects whose proposed locations are within the established buffer distances identified in CARB's handbook located at
https://ww3.arb.ca.gov/ch/handbook.pdf

 Projects whose land uses are not specifically identified in ARB's handbook (such as shopping centers), but there is sufficient information to reasonably conclude that sensitive receptors would be exposed to significant sources of toxic air contaminants; and

 Projects that would otherwise appear to be exempt from CEQA requirements, but there is sufficient information to reasonably conclude that sensitive receptors would be exposed to significant sources of toxic air contaminants, such as industrial use projects allowed by right.

4) Ambient Air Quality Analysis

An ambient air quality analysis (AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of the ambient air quality standards. For development projects the District recommends that an AAQA be performed for the project if emissions exceed 100 pounds per day of any pollutant.

An acceptable analysis would include emissions from both project-specific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.

Specific information for assessing significance, including screening tools and modeling guidance is available online at the District’s website:
www.valleyair.org/ceqa.
5) Voluntary Emission Reduction Agreement

San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
November 23, 2021
Criterial pollutant emissions may result in emissions exceeding the District’s significance thresholds, potentially resulting in a significant impact on air quality.

When a project is expected to have a significant impact, the District recommends the environmental review also include a discussion on the feasibility of implementing a Voluntary Emission Reduction Agreement (VERA) for this Project. A VERA is a mitigation measure by which the project proponent provides pound-for-pound mitigation of emissions increases through a process that develops, funds, and implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District’s incentives programs.

The funds are disbursed by the District in the form of grants for projects that achieve emission reductions. Thus, project-related impacts on air quality can be mitigated.

Types of emission reduction projects that have been funded in the past include electrification of stationary internal combustion engines (such as agricultural irrigation pumps), replacing old heavy-duty trucks with new, cleaner, more efficient heavy-duty trucks, and replacement of old farm tractors.

In implementing a VERA, the District verifies the actual emission reductions that have been achieved as a result of completed grant contracts, monitors the emission reduction projects, and ensures the enforceability of achieved reductions. After the project is mitigated, the District certifies to the Lead Agency that the mitigation is completed, providing the Lead Agency with an enforceable mitigation measure demonstrating that project-related emissions have been mitigated. To assist the Lead Agency and project proponent in ensuring that the environmental document is compliant with CEQA, the District recommends the environmental document includes an assessment of the feasibility of implementing a VERA.

6) Nuisance Odors

While offensive odors rarely cause any physical harm, they can be unpleasant, leading to considerable distress among the public and often resulting in citizen complaints.

The City should consider all available pertinent information to determine if the Project, specifically odors associated with storm water management areas, could have a significant impact related to nuisance odors. Nuisance odors may be assessed qualitatively with consideration of project design elements and proximity to off-site receptors that potentially would be exposed to objectionable odors. The intensity of an odor source’s operations and its proximity to sensitive receptors influences the potential significance of odor emissions. Any project with the potential San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
November 23, 2021
to frequently expose members of the public to objectionable odors should be deemed to have a significant impact.

According to the District Guidance for Assessing and Mitigating air Quality Impacts (GAMAQI), significant odor problems are defined as more than one confirmed complaint per year averaged over a three-year period, or three unconfirmed complaints per year averaged over a three-year period. An unconfirmed complaint means that either the odor/air contaminant release could not be detected, or the source/facility cannot be determined.

The District is available to assist the City with information regarding specific facilities and categories of facilities, and associated odor complaint records.

7) Vegetative Barriers and Urban Greening

The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g. businesses).

While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery.

8) On-site Solar Deployment

It is the policy of the State of California that renewable energy resources and zero- carbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems, as an emission reduction strategy for this Project.

San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
November 23, 2021
9) Clean Lawn and Garden Equipment in the Community

Since the Project consists of a warehouse development project, gas-powered commercial lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at:
http://www.valleyair.org/grants/cgym.htm
and http://valleyair.org/grants/cgym-commercial.htm.

10) Charge Up! Electric Vehicle Charger

To support further installation of electric vehicle charging equipment and development of such infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of this incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District suggests that the City and Project proponent consider the feasibility of installing electric vehicle chargers for this Project.

Please visit www.valleyair.org/grants/chargeup.htm for more information.

11) District Rules and Regulation

The District issues permits for many types of air pollution sources and regulates some activities not requiring permits. A project subject to District rules and regulation would reduce its impacts on air quality through compliance with regulatory requirements. In general, a regulation is a collection of rules, each of which deals with a specific topic. For example, Regulation II - Permits encompasses multiple rules associated with the permitting of emission sources such as Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), and others.

11a) District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources

Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission.

District Rule 2010 requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 requires that new and modified stationary sources of emissions mitigate their emissions using best available control technology (BACT).

San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
November 23, 2021

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits.

Prior to commencing construction on any permit-required equipment or process, a finalized Authority to Construct (ATC) must be issued to the Project proponent by the District. For further information or assistance, the project proponent may contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888.

11b) District Rule 9510 (Indirect Source Review)

The purpose of District Rule 9510 (Indirect Source Review) is to reduce the growth in both NOx and PM10 emissions associated with development and transportation projects from mobile and area sources associated with construction and operation of development projects. The rule encourages clean air design elements to be incorporated into the development project. In case the proposed project clean air design elements are insufficient to meet the targeted emission reductions, the rule requires developers to pay a fee used to fund projects to achieve off-site emissions reductions.

The proposed Project is subject to District Rule 9510 because it will receive a project-level discretionary approval from a public agency and will equal or exceed 25,000 square feet of light industrial space. When subject to the rule, an Air Impact Assessment (AIA) application is required no later than applying for project-level approval from a public agency. In this case, if not already done, please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510.

An AIA application is required and the District recommends that demonstration of compliance with District Rule 9510, before issuance of the first building permit, be made a condition of Project approval.

Information about how to comply with District Rule 9510 can be found online at:
http://www.valleyair.org/ISR/ISRHome.htm.

The AIA application form can be found online at:
http://www.valleyair.org/ISR/ISRFormsAndApplications.htm

San Joaquin Valley Air Pollution Control District
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11c) District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)

In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at:
http://www.valleyair.org/busind/comply/asbestosbultn.htm.

11d) District Regulation VIII (Fugitive PM10 Prohibitions)

The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx

Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm

11e) District Rule 9410 (Employer Based Trip Reduction)

The proposed Project may be subject to District Rule 9410 (Employer Based Trip Reduction) if the Project would result in employment of 100 or more “eligible” employees. District Rule 9410 requires employers with 100 or more “eligible” employees at a worksite to establish an Employer Trip Reduction Implementation Plan (eTRIP) that encourages employees to reduce single-occupancy vehicle trips, thus reducing pollutant emissions associated with work commutes. Under an eTRIP plan, employers have the flexibility to select the options that work best for their worksites and their employees.

Information about how District Rule 9410 can be found online at:
www.valleyair.org/tripreduction.htm.

For additional information, you can contact the District by phone at 559-230-6000 or by e-mail at [email protected]

San Joaquin Valley Air Pollution Control District
District Reference No: 20211209
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11f) Other District Rules and Regulations

The Project may also be subject to the following District rules: Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

The list of rules above is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to this Project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888.

12) District Comment Letter

The District recommends that a copy of the District’s comments be provided to the Project proponent.

If you have any questions or require further information, please contact Patrick Chimienti by e-mail at [email protected] or by phone at (559) 230-6139.

Sincerely,

Brian Clements
Director of Permit Services

For: Mark Montelongo
Program Manager

1 XAVIER BECERRA State of California
Attorney General DEPARTMENT OF JUSTICE

Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act

In carrying out its duty to enforce laws across California, the California Attorney General’s Bureau of Environmental Justice (Bureau)1 regularly reviews proposed warehouse projects for compliance with the California Environmental Quality Act (CEQA) and other laws.

When necessary, the Bureau submits comment letters to lead agencies, and in rare cases the Bureau has filed litigation to enforce CEQA.2 This document builds upon the Bureau’s comment letters, collecting knowledge gained from the Bureau’s review of hundreds of warehouse projects across the state. It is meant to help lead agencies pursue CEQA compliance and promote environmentally-just development as they confront warehouse project proposals.3 While CEQA analysis is necessarily project-specific, this document provides information on feasible best practices and mitigation measures, the overwhelming majority of which have been adapted from actual warehouse projects in California.

I. Background
In recent years, the proliferation of e-commerce and rising consumer expectations of rapid shipping have contributed to a boom in warehouse development.4 California, with its ports, population centers, and transportation network, has found itself at the center of this trend.

For example, in 2014, 40 percent of national container cargo flowed through Southern California, which was home to nearly 1.2 billion square feet of warehouse facilities.5 In the Inland Empire alone, 150 million square feet of new industrial space was built over the last decade,6 and 21 of the largest 100 logistics leases signed in 2019 nationwide were in the Inland

1 https://oag.ca.gov/environment/justice.
2 https://oag.ca.gov/environment/ceqa/letters; South Central Neighbors United et al. v.

City of Fresno et al. (Super. Ct. Fresno County, No. 18CECG00690). 3 Anyone reviewing this document to determine CEQA compliance responsibilities should consult their own attorney for legal advice.
4 As used in this document, “warehouse” or “logistics facility” is defined as a facility consisting of one or more buildings that stores cargo, goods, or products on a short or long term basis for later distribution to businesses and/or retail customers. 5 Industrial Warehousing in the SCAG Region, Task 2. Inventory of Warehousing Facilities (April 2018), http://www.scag.ca.gov/Documents/Task2_FacilityInventory.pdf at 1-1, 2-11.
6 Los Angeles Times, When your house is surrounded by massive warehouses, October 27, 2019, https://www.latimes.com/california/story/2019-10-27/fontana-california- warehouses-inland-empire-pollution.

2 Empire, comprising 17.5 million square feet.7 This trend has not slowed, even with the economic downturn caused by COVID-19, as e-commerce has continued to grow.8 Forecasts predict that the Central Valley is where a new wave of warehouse development will go.9 When done properly, these activities can contribute to the economy and consumer welfare. However, imprudent warehouse development can harm local communities and the environment. Among other pollutants, diesel trucks visiting warehouses emit nitrogen oxide (NOx)—a primary precursor to smog formation and a significant factor in the development of respiratory problems like asthma, bronchitis, and lung irritation—and diesel particulate matter (a subset of fine particular matter that is smaller than 2.5 micrometers)—a contributor to cancer, heart disease, respiratory illnesses, and premature death.10 Trucks and on-site loading activities can also be loud, bringing disruptive noise levels during 24/7 operation that can cause hearing damage after prolonged exposure.11 The hundreds, and sometimes thousands, of daily truck and passenger car trips that warehouses generate contribute to traffic jams, deterioration of road surfaces, and traffic accidents. These environmental impacts also tend to be concentrated in neighborhoods already suffering from disproportionate health impacts.

7 CBRE, Dealmakers: E-Commerce & Logistics Firms Drive Demand for Large Warehouses in 2019 (January 23, 2020), https://www.cbre.us/research-and-reports/US-MarketFlash- Dealmakers-E-Commerce-Logistics-Firms-Drive-Demand-for-Large-Warehouses-in-2019; see also CBRE, E-Commerce and Logistics Companies Expand Share Of Largest US Warehouse Leases, CBRE Analysis Finds (Feb. 25, 2019),
https://www.cbre.us/about/media-center/inland-empire-largest-us-warehouse-leases (20 of the largest 100 warehousing leases in 2018 were in the Inland Empire, comprising nearly 20 million square feet).
8 CBRE, 2021 U.S. Real Estate Market Outlook, Industrial & Logistics, https://www.cbre.us/research-and-reports/2021-US-Real-Estate-Market-Outlook-Industrial- Logistics; Kaleigh Moore, As Online Sales Grow During COVID-19, Retailers Like Montce Swim Adapt And Find Success, FORBES (June 24, 2020), available at https://www.forbes.com/sites/kaleighmoore/2020/06/24/as-online-sales-grow-during-covid-19- retailers-like-montce-swim-adapt-and-find-success/.
9 New York Times, Warehouses Are Headed to the Central Valley, Too (Jul. 22, 2020), available at https://www.nytimes.com/2020/07/22/us/coronavirus-ca-warehouse-workers.html. 10 California Air Resources Board, Nitrogen Dioxide & Health, https://ww2.arb.ca.gov/resources/nitrogen-dioxide-and-health (NOx); California Air Resources Board, Summary: Diesel Particular Matter Health Impacts, https://ww2.arb.ca.gov/resources/summary-diesel-particulate-matter-health-impacts; Office of Environmental Health Hazard Assessment and American Lung Association of California, Health Effects of Diesel Exhaust,
https://oehha.ca.gov/media/downloads/calenviroscreen/indicators/diesel4-02.pdf (DPM). 11 Noise Sources and Their Effects,
https://www.chem.purdue.edu/chemsafety/Training/PPETrain/dblevels.htm (a diesel truck moving 40 miles per hour, 50 feet away, produces 84 decibels of sound).

3 II. Proactive Planning: General Plans, Local Ordinances, and Good Neighbor Policies To systematically address warehouse development, we encourage governing bodies to proactively plan for logistics projects in their jurisdictions. Proactive planning allows jurisdictions to prevent land use conflicts before they materialize and guide sustainable development. Benefits also include providing a predictable business environment, protecting residents from environmental harm, and setting consistent expectations jurisdiction-wide.

Proactive planning can take any number of forms. Land use designation and zoning decisions should channel development into appropriate areas. For example, establishing industrial districts near major highway and rail corridors but away from sensitive receptors can help avoid conflicts between warehouse facilities and residential communities.

In addition, general plan policies, local ordinances, and good neighbor policies should set minimum standards for logistics projects. General plan policies can be incorporated into existing economic development, land use, circulation, or other related elements. Many jurisdictions alternatively choose to consolidate policies in a separate environmental justice element.

Adopting general plan policies to guide warehouse development may also help jurisdictions comply with their obligations under SB 1000, which requires local government general plans to identify objectives and policies to reduce health risks in disadvantaged communities, promote civil engagement in the public decision making process, and prioritize improvements and programs that address the needs of disadvantaged communities.12 The Bureau is aware of four good neighbor policies in California: Riverside County, the City of Riverside, the City of Moreno Valley, and the Western Riverside Council of Governments.13 These policies provide minimum standards that all warehouses in the jurisdiction must meet. For example, the Western Riverside Council of Governments policy sets a minimum buffer zone of 300 meters between warehouses and sensitive receptors, and it requires a number of design features to reduce truck impacts on nearby sensitive receptors. The Riverside County policy requires vehicles entering sites during both construction and operation to meet certain California Air Resources Board (CARB) guidelines, and it requires community benefits agreements and supplemental funding contributions toward additional pollution offsets.

The Bureau encourages jurisdictions to adopt their own local ordinances and/or good neighbor policies that combine the most robust policies from those models with measures discussed in the remainder of this document.

12 For more information about SB 1000, see https://oag.ca.gov/environment/sb1000. 13 https://www.rivcocob.org/wp-content/uploads/2020/01/Good-Neighbor-Policy-F-3-Final- Adopted.pdf (Riverside County); https://riversideca.gov/planning/pdf/good-neighbor- guidelines.pdf (City of Riverside); http://qcode.us/codes/morenovalley/view.php?topic=9-9_05- 9_05_050&frames=on (City of Moreno Valley);
http://www.wrcog.cog.ca.us/DocumentCenter/View/318/Good-Neighbor-Guidelines-for-Siting- Warehouse-Distribution-Facilities-PDF?bidId= (Western Riverside Council of Governments).

4 III. Community Engagement
Early and consistent community engagement is central to establishing good relationships between communities, lead agencies, and warehouse developers and tenants. Robust community engagement can give lead agencies access to community residents’ on-the-ground knowledge and information about their concerns, build community support for projects, and develop creative solutions to ensure new logistics facilities are mutually beneficial. Examples of best practices for community engagement include:
 Holding a series of community meetings at times and locations convenient to members of the affected community and incorporating suggestions into the project design.
 Posting information in hard copy in public gathering spaces and on a website about the project. The information should include a complete, accurate project description, maps and drawings of the project design, and information about how the public can provide input and be involved in the project approval process. The information should be in a format that is easy to navigate and understand for members of the affected community.
 Providing notice by mail to residents and schools within a certain radius of the project and along transportation corridors to be used by vehicles visiting the project, and by posting a prominent sign on the project site. The notice should include a brief project description and directions for accessing complete information about the project and for providing input on the project.  Providing translation or interpretation in residents’ native language, where appropriate.
 For public meetings broadcast online or otherwise held remotely, providing for access and public comment by telephone and supplying instructions for access and public comment with ample lead time prior to the meeting.  Partnering with local community-based organizations to solicit feedback, leverage local networks, co-host meetings, and build support.
 Considering adoption of a community benefits agreement, negotiated with input from affected residents and businesses, by which the developer provides benefits to the community.
 Creating a community advisory board made up of local residents to review and provide feedback on project proposals in early planning stages.  Identifying a person to act as a community liaison concerning on-site construction activity and operations, and providing contact information for the community relations officer to the surrounding community.

IV. Warehouse Siting and Design Considerations
The most important consideration when planning a logistics facility is its location.

Warehouses located in residential neighborhoods or near other sensitive receptors expose community residents and those using or visiting sensitive receptor sites to the air pollution, noise, traffic, and other environmental impacts they generate. Therefore, placing facilities away from sensitive receptors significantly reduces their environmental and quality of life harms on local

5 communities. The suggested best practices for siting and design of warehouse facilities does not relieve lead agencies’ responsibility under CEQA to conduct a project-specific analysis of the project’s impacts and evaluation of feasible mitigation measures and alternatives; lead agencies’ incorporation of the best practices must be part of the impact, mitigation and alternatives analyses to meet the requirements of CEQA. Examples of best practices when siting and designing warehouse facilities include:
 Per CARB guidance, siting warehouse facilities so that their property lines are at least 1,000 feet from the property lines of the nearest sensitive receptors.14  Creating physical, structural, and/or vegetative buffers that adequately prevent or substantially reduce pollutant dispersal between warehouses and any areas where sensitive receptors are likely to be present, such as homes, schools, daycare centers, hospitals, community centers, and parks.
 Providing adequate areas for on-site parking, on-site queuing, and truck check-in that prevent trucks and other vehicles from parking or idling on public streets.  Placing facility entry and exit points from the public street away from sensitive receptors, e.g., placing these points on the north side of the facility if sensitive receptors are adjacent to the south side of the facility.  Locating warehouse dock doors and other onsite areas with significant truck traffic and noise away from sensitive receptors, e.g., placing these dock doors on the north side of the facility if sensitive receptors are adjacent to the south side of the facility.
 Screening dock doors and onsite areas with significant truck traffic with physical, structural, and/or vegetative barriers that adequately prevent or substantially reduce pollutant dispersal from the facility towards sensitive receptors.  Posting signs clearly showing the designated entry and exit points from the public street for trucks and service vehicles.
 Posting signs indicating that all parking and maintenance of trucks must be conducted within designated on-site areas and not within the surrounding community or public streets.

V. Air Quality and Greenhouse Gas Emissions Analysis and Mitigation Emissions of air pollutants and greenhouse gases are often among the most substantial environmental impacts from new warehouse facilities. CEQA compliance demands a proper accounting of the full air quality and greenhouse gas impacts of logistics facilities and adoption of all feasible mitigation of significant impacts. Although efforts by CARB and other authorities to regulate the heavy-duty truck and off-road diesel fleets have made excellent progress in reducing the air quality impacts of logistics facilities, the opportunity remains for local jurisdictions to further mitigate these impacts at the project level. Lead agencies and developers

14 California Air Resources Board (CARB), Air Quality and Land Use Handbook: A Community Health Perspective (April 2005), at ES-1. CARB staff has released draft updates to this siting and design guidance which suggests a greater distance may be warranted under varying scenarios; this document may be found on CARB’s website and is entitled: “California Sustainable Freight Initiative: Concept Paper for the Freight Handbook” (December 2019).

6 should also consider designing projects with their long-term viability in mind. Constructing the necessary infrastructure to prepare for the zero-emission future of goods movement not only reduces a facility’s emissions and local impact now, but it can also save money as regulations tighten and demand for zero-emission infrastructure grows. In planning new logistics facilities, the Bureau strongly encourages developers to consider the local, statewide, and global impacts of their projects’ emissions.

Examples of best practices when studying air quality and greenhouse gas impacts include:
 Fully analyzing all reasonably foreseeable project impacts, including cumulative impacts. In general, new warehouse developments are not ministerial under CEQA because they involve public officials’ personal judgment as to the wisdom or manner of carrying out the project, even when warehouses are permitted by a site’s applicable zoning and/or general plan land use designation. CEQA Guidelines § 15369.
 When analyzing cumulative impacts, thoroughly considering the project’s incremental impact in combination with past, present, and reasonably foreseeable future projects, even if the project’s individual impacts alone do not exceed the applicable significance thresholds.
 Preparing a quantitative air quality study in accordance with local air district guidelines.
 Preparing a quantitative health risk assessment in accordance with California Office of Environmental Health Hazard Assessment and local air district guidelines.
 Refraining from labeling compliance with CARB or air district regulations as a mitigation measure—compliance with applicable regulations is a baseline expectation.
 Fully analyzing impacts from truck trips. CEQA requires full public disclosure of a project’s anticipated truck trips, which entails calculating truck trip length based on likely truck trip destinations, rather than the distance from the facility to the edge of the air basin. Emissions beyond the air basin are not speculative, and, because air pollution is not static, may contribute to air basin pollution.

Moreover, any contributions to air pollution outside the local air basin should be quantified and their significance should be considered.  Accounting for all reasonably foreseeable greenhouse gas emissions from the project, without discounting projected emissions based on participation in California’s Cap-and-Trade Program.

Examples of measures to mitigate air quality and greenhouse gas impacts from construction are below. To ensure mitigation measures are enforceable and effective, they should be imposed as permit conditions on the project where applicable.  Requiring off-road construction equipment to be zero-emission, where available, and all diesel-fueled off-road construction equipment, to be equipped with CARB Tier IV-compliant engines or better, and including this requirement in applicable

7 bid documents, purchase orders, and contracts, with successful contractors demonstrating the ability to supply the compliant construction equipment for use prior to any ground-disturbing and construction activities.  Prohibiting off-road diesel-powered equipment from being in the “on” position for more than 10 hours per day.
 Requiring on-road heavy-duty haul trucks to be model year 2010 or newer if diesel-fueled.
 Providing electrical hook ups to the power grid, rather than use of diesel-fueled generators, for electric construction tools, such as saws, drills and compressors, and using electric tools whenever feasible.
 Limiting the amount of daily grading disturbance area.  Prohibiting grading on days with an Air Quality Index forecast of greater than 100 for particulates or ozone for the project area.
 Forbidding idling of heavy equipment for more than two minutes.  Keeping onsite and furnishing to the lead agency or other regulators upon request, all equipment maintenance records and data sheets, including design specifications and emission control tier classifications.  Conducting an on-site inspection to verify compliance with construction mitigation and to identify other opportunities to further reduce construction impacts.
 Using paints, architectural coatings, and industrial maintenance coatings that have volatile organic compound levels of less than 10 g/L.
 Providing information on transit and ridesharing programs and services to construction employees.
 Providing meal options onsite or shuttles between the facility and nearby meal destinations for construction employees.

Examples of measures to mitigate air quality and greenhouse gas impacts from operation include:
 Requiring that all facility-owned and operated fleet equipment with a gross vehicle weight rating greater than 14,000 pounds accessing the site meet or exceed 2010 model-year emissions equivalent engine standards as currently defined in California Code of Regulations Title 13, Division 3, Chapter 1, Article

4.5, Section 2025. Facility operators shall maintain records on-site demonstrating compliance with this requirement and shall make records available for inspection by the local jurisdiction, air district, and state upon request.  Requiring all heavy-duty vehicles entering or operated on the project site to be zero-emission beginning in 2030.
 Requiring on-site equipment, such as forklifts and yard trucks, to be electric with the necessary electrical charging stations provided.
 Requiring tenants to use zero-emission light- and medium-duty vehicles as part of business operations.
 Forbidding trucks from idling for more than two minutes and requiring operators to turn off engines when not in use.
 Posting both interior- and exterior-facing signs, including signs directed at all

8 dock and delivery areas, identifying idling restrictions and contact information to report violations to CARB, the air district, and the building manager.  Installing and maintaining, at the manufacturer’s recommended maintenance intervals, air filtration systems at sensitive receptors within a certain radius of facility for the life of the project.
 Installing and maintaining, at the manufacturer’s recommended maintenance intervals, an air monitoring station proximate to sensitive receptors and the facility for the life of the project, and making the resulting data publicly available in real time. While air monitoring does not mitigate the air quality or greenhouse gas impacts of a facility, it nonetheless benefits the affected community by providing information that can be used to improve air quality or avoid exposure to unhealthy air.
 Constructing electric truck charging stations proportional to the number of dock doors at the project.
 Constructing electric plugs for electric transport refrigeration units at every dock door, if the warehouse use could include refrigeration.  Constructing electric light-duty vehicle charging stations proportional to the number of parking spaces at the project.
 Installing solar photovoltaic systems on the project site of a specified electrical generation capacity, such as equal to the building’s projected energy needs.  Requiring all stand-by emergency generators to be powered by a non-diesel fuel.  Requiring facility operators to train managers and employees on efficient scheduling and load management to eliminate unnecessary queuing and idling of trucks.
 Requiring operators to establish and promote a rideshare program that discourages single-occupancy vehicle trips and provides financial incentives for alternate modes of transportation, including carpooling, public transit, and biking.  Meeting CalGreen Tier 2 green building standards, including all provisions related to designated parking for clean air vehicles, electric vehicle charging, and bicycle parking.
 Achieving certification of compliance with LEED green building standards.  Providing meal options onsite or shuttles between the facility and nearby meal destinations.
 Posting signs at every truck exit driveway providing directional information to the truck route.
 Improving and maintaining vegetation and tree canopy for residents in and around the project area.
 Requiring that every tenant train its staff in charge of keeping vehicle records in diesel technologies and compliance with CARB regulations, by attending CARB- approved courses. Also require facility operators to maintain records on-site demonstrating compliance and make records available for inspection by the local jurisdiction, air district, and state upon request.
 Requiring tenants to enroll in the United States Environmental Protection Agency’s SmartWay program, and requiring tenants to use carriers that are SmartWay carriers.

9  Providing tenants with information on incentive programs, such as the Carl Moyer Program and Voucher Incentive Program, to upgrade their fleets.

VI. Noise Impacts Analysis and Mitigation
The noise associated with logistics facilities can be among their most intrusive impacts to nearby sensitive receptors. Various sources, such as unloading activity, diesel truck movement, and rooftop air conditioning units, can contribute substantial noise pollution. These impacts are exacerbated by logistics facilities’ typical 24-hour, seven-days-per-week operation. Construction noise is often even greater than operational noise, so if a project site is near sensitive receptors, developers and lead agencies should adopt measures to reduce the noise generated by both construction and operation activities.

Examples of best practices when studying noise impacts include:
 Preparing a noise impact analysis that considers all reasonably foreseeable project noise impacts, including to nearby sensitive receptors. All reasonably foreseeable project noise impacts encompasses noise from both construction and operations, including stationary, on-site, and off-site noise sources.  Adopting a lower significance threshold for incremental noise increases when baseline noise already exceeds total noise significance thresholds, to account for the cumulative impact of additional noise and the fact that, as noise moves up the decibel scale, each decibel increase is a progressively greater increase in sound pressure than the last. For example, 70 dBA is ten times more sound pressure than 60 dBA.

Examples of measures to mitigate noise impacts include:
 Constructing physical, structural, or vegetative noise barriers on and/or off the project site.
 Locating or parking all stationary construction equipment as far from sensitive receptors as possible, and directing emitted noise away from sensitive receptors.  Verifying that construction equipment has properly operating and maintained mufflers.
 Requiring all combustion-powered construction equipment to be surrounded by a noise protection barrier
 Limiting operation hours to daytime hours on weekdays.  Paving roads where truck traffic is anticipated with low noise asphalt.  Orienting any public address systems onsite away from sensitive receptors and setting system volume at a level not readily audible past the property line.

VII. Traffic Impacts Analysis and Mitigation
Warehouse facilities inevitably bring truck and passenger car traffic. Truck traffic can present substantial safety issues. Collisions with heavy-duty trucks are especially dangerous for passenger cars, motorcycles, bicycles, and pedestrians. These concerns can be even greater if

10 truck traffic passes through residential areas, school zones, or other places where pedestrians are common and extra caution is warranted.

Examples of measures to mitigate traffic impacts include:
 Designing, clearly marking, and enforcing truck routes that keep trucks out of residential neighborhoods and away from other sensitive receptors.  Installing signs in residential areas noting that truck and employee parking is prohibited.
 Constructing new or improved transit stops, sidewalks, bicycle lanes, and crosswalks, with special attention to ensuring safe routes to schools.  Consulting with the local public transit agency and securing increased public transit service to the project area.
 Designating areas for employee pickup and drop-off.
 Implementing traffic control and safety measures, such as speed bumps, speed limits, or new traffic signs or signals.
 Placing facility entry and exit points on major streets that do not have adjacent sensitive receptors.
 Restricting the turns trucks can make entering and exiting the facility to route trucks away from sensitive receptors.
 Constructing roadway improvements to improve traffic flow.  Preparing a construction traffic control plan prior to grading, detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic.

VIII. Other Significant Environmental Impacts Analysis and Mitigation Warehouse projects may result in significant environmental impacts to other resources, such as to aesthetics, cultural resources, energy, geology, or hazardous materials. All significant adverse environmental impacts must be evaluated, disclosed and mitigated to the extent feasible under CEQA. Examples of best practices and mitigation measures to reduce environmental impacts that do not fall under any of the above categories include:
 Appointing a compliance officer who is responsible for implementing all mitigation measures, and providing contact information for the compliance officer to the lead agency, to be updated annually.
 Creating a fund to mitigate impacts on affected residents, schools, places of worship, and other community institutions by retrofitting their property. For example, retaining a contractor to retrofit/install HVAC and/or air filtration systems, doors, dual-paned windows, and sound- and vibration-deadening insulation and curtains.
 Sweeping surrounding streets on a daily basis during construction to remove any construction-related debris and dirt.
 Directing all lighting at the facility into the interior of the site.

11  Using full cut-off light shields and/or anti-glare lighting.  Using cool pavement to reduce heat island effects.
 Installing climate control in the warehouse facility to promote worker well-being.  Installing air filtration in the warehouse facility to promote worker well-being.

IX. Conclusion
California’s world-class economy, ports, and transportation network position it at the center of the e-commerce and logistics industry boom. At the same time, California is a global leader in environmental protection and environmentally just development. The guidance in this document furthers these dual strengths, ensuring that all can access the benefits of economic development. The Bureau will continue to monitor proposed projects for compliance with CEQA and other laws. Lead agencies, developers, community advocates, and other interested parties should feel free to reach out to us as they consider how to guide warehouse development in their area.

Please do not hesitate to contact the Environmental Justice Bureau at [email protected] if you have any questions.

City of Fresno Notes and Requirements for Entitlement Applications

(Note: Please only use the notes that apply to your project.)

GENERAL

1. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Citywide Development Code, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operation al Statement provided by the applicant. The Operational Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation al Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation al Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Planning and Development Department shall not assume responsibility for any deletions or omissions re sulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions.

2. Approval of this special permi t shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
a) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property. b) All public and private easements, rights -of-way and any actual or potential prescriptive easements or uses of the subject property; and, c) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use.

3. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code. Specific uses of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare.

4. Development shall take place in accordance with the Standards, Specifications, and Standard Drawings of the City of Fresno Public Works Department; https://www.fresno.gov/publicworks/wp-
content/uploads/sites/17/2016/09/CityofFresnoStandardSpecifications2016January.pdf

City of Fresno Notes and Requirements For Entitlement Applications

5. Development shall take place in accordance with all city, county, state and federal laws and regulations.

6. Owners and persons having ownership interest in businesses operating in the City of Fresno are required by the Fresno Municipal Code to obtain a Business Tax Certificate. Contact the City of Fresno Finance Department’s Business Tax Division at (559) 621 -6880 for mor e information . Information and an application form are available at the following website:
http://www.fresno.gov/Government/DepartmentDirectory/Finance/BusinessLicenseand Tax/businesstaxapplicaiton.htm

7. All proposed building(s) or structure(s) constructed on the property must comply with the prevailing California Building Code Standards.

8. Any building modifications and/or additions not included with this application are not approved with this special permit and would be subject to a new special permit.

9. A permit granted under the Fresno Municipal Code shall automatically expire if it is not exercised or extended within three years of its issuance. Refer to Section 15 -5013, Expiration of Planning Entitlements, for more information about the exercise of rights.

FENCES/WALLS, LANDSCAPING, PARKING

10. Nothing in this Development Code shall be deemed to prohibit the erection of temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code.

11. Future fences shall be reviewed and approved by the Planning and Development Department prior to installation.

12. Fences, hedges, and walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height. Fences shall be maintained and shall stand upright and shall not lean.

13. All planting and other landscape elements shall be permanently maintained in good growing con dition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with applicable land scaping requirements. Yards shall be maintained free of refuse, debris, rubbish, or other accumulated matter and/or materials, and shall be maintained clean. Grass shall not exceed six inches in height.

14. New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Green Building Standards Code and/or the

City of Fresno Notes and Requirements For Entitlement Applications

California Model Water Efficient Landscape Ordinance and/or the California Plumbing Code as may be amended.

15. Trees shall be maintained by property owners to be free from physical damage or injuring arising from lack of water, chemical damage, accidents, vandalism, in sects, and disease. Any tree showing such damage shall be replaced with another tree.

16. No tree for which a Tree Removal Permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in conjunction with a development application shall not be removed before the issuance of a Building Permit or unless all of the conditions of approval of the development applications are satisfied.

17. The review authority sha ll issue a Tree Removal Permit if any of the following general criteria is met: a) The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal. b) The tree(s) can potentially cause substantial damage to existing or proposed main structure(s) (e.g. dwellings, other main structures, or public infrastructure) or interfere with utilit y services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. c) The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the prop erty owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Review Authority that there are no reasonable alternatives to preserve the tree(s).

18. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Current Planning Division. (Include this note on the landscape plan.)

19. Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off-street parking is provided.

20. Trees required for parking lots are in addition to trees required elsewhere on the site as prescribed in other sections of the Fresno Municipal Code.

21. Parking lots, including landscaped a reas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

22. A minimum number of accessible parking stalls are required for the proposed project per State of California Building Code.

City of Fresno Notes and Requirements For Entitlement Applications

23. All accessible stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10 -1017 of the Fresno Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.)

24. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficie nt circulation. A joint access covenant shall be required. (Include this note on the site plan.)

25. All general standards of Section 15 -2015 of the F resno Municipal Code shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan.

26. Bicycle parking spaces shall be supplied according to Table 15 -2429-D: Required On- Site Bicycle Parking Spaces of the Fresno Municipal Code. Each bicycle parking space shall be a minimum of 30 inches in width and e ight feet in length and shall be accessible without moving another bicycle. At least 30 inches of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces to allow for the maneuvering of bikes. Overhead clearance shall be a minimum of seven feet. A minimum five foot aisle between each row of bicycle parking shall be provided for bicycle maneuvering beside or betwee n each row, wh en multiple rows are proposed. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures.

27. All general provisions of Section 15 -2403 of the F resno Municipal Code shall apply to all parking areas.

28. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Works Standards (P -21, P -22, and P -23) and Specifications
(https://www.fresno.gov/publicworks/wp-content/uploads/sites/17/2016/09/Parking- Manual.pdf). Parking must also comply with the California Building Code’s accessibility requirements and the Fire and Solid Waste Department’s minimum turning templates.

Contact the Planning and Development Department for Parking Manual questions.

SIGNAGE

29. All future signs shall be architecturally compatible with the proposed building(s).

Provide a set of drawings, with descriptive information, including, materials, design and colors to allow for a preliminary assessment of the future signage. It is recommended that you provide a copy of the signage early in the project proce ss to allow for staff comment.

30. Signs, other than directional signs, if applicable , are not approved for installation as part of this special permit. (Include this note on the site plan.)

City of Fresno Notes and Requirements For Entitlement Applications

31. All proposed signs shall conform to the current sign ordinance. The submittal checklist for signs is available online at https://www.fresno.gov/darm/planning- development/applications-forms-fees/#tab-14

32. Window signs lim ited to the hours of operation, address, occupancy, and emergency information, subject to the following standards: a) Operational windows signs shall not be mounted or placed on windows higher than the second story. b) The maximum area of exempt window signage shall not exceed three square feet in area.

33. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non-Residential Districts. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 days must lapse before displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year.

34. Every sign displayed within the city, including exempt signs, shall be maintained in good physical condition and shall comply with adopted regulations. All defective or broken parts shall b e replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required.

MISCELLANEOUS

35. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the FMC at anytime, measured at the nearest subject property line.

36. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site.

Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

37. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse inter ference with the normal operation or enjoyment of surrounding properties. Direct or sky -reflected glare from floodlights shall not be directed into any other property or street. Except for public street lights and stadium lights, no light, combination of l ights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one -half foot- candle.

38. No use shall be operated such that significant, direct glare, incidental to the operation of the use is vi sible beyond the boundaries of the lot where the use is located. Windows shall not cause glare that may disrupt adjoining properties, traffic on adjacent streets, etc. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties.

City of Fresno Notes and Requirements For Entitlement Applications

39. The address listed in the conditions of approval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development Department for 'Official Addresses’. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses' . The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non -official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not ‘Official Addresses’.

40. All projects, including projects that involve less than one acre of property, are required to comply with the City of Fresno’s Urban Storm Water Quality Management and Discharge Control Ordinance, Fresno Municipal Code (FMC) Chapter 6, Article 7 (FMC Sections 6-701 et seq.)
When a project involves one acre or more of construction activity (including, but not limited to, grading) the developer is required to obtain a stormwater discharge permit for construction, with a Notice of Intent (NOI) filed prior to commencement of any grading construction activity. Contact the Fresno office of the California Regional Water Quality Control Board at (559) 445-6281 regarding the required NOI and stormwater discharge permit. Additional in formation on California’s construction stormwater regulation may be obtained from the Water Board via the internet:
www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml.

Helpful information for preparing and implementing stormwater pollution prevention plans may also be obtained from the California Stormwater Quality Association via its website, www.casqa.org
When a project involves specified nonresidential activities (certain commercial and industrial activities), an ongoing industrial stormwater discharge permit is also required.

Contact the Fresno office of the California Regional Water Quali ty Control Board at (559) 445-6281 to find out whether your project/business requires an industrial stormwater discharge permit, and to obtain details on securing this permit. Additional information on industrial stormwater re gulations may be obtained fro m the following website: www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml, The California Stormwater Quality Association has additional information on preparing stormwater pollution prevention plans for industrial activities (www.casqa.org).

41. Screen all roof -mounted equipment from the view of public rights -of-way. Depict all mechanical equipment on site plan and elevations.

42. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.)

City of Fresno Notes and Requirements For Entitlement Applications

43. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: (916) 653-4082) shall b e immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: (805) 644 -2289) shall be contacted to obtain a referral list of recognized archaeologists. An archeological assessment shall be con ducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.)

44. If animal fossils are uncovered, the Museum of Pale ontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.)

45. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply.

46. Connection to a municipal City of Fresno sewer system is required unless approved measures are included in the project conditions for alternative wastewater treatment facilities.

47. City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been approved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges, contac t Frank Saburit at (559) 621-8797.

48. Open street cuts are not permitted; all utility connections must be bored.

49. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621- 5300 for requirements relating to approved devices, locations, testing and acceptance.

This requirement must be satisfied prior to final occupancy.

50. This project was reviewed by the Fire Department only for requirements related to water s upply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building.

51. Open storage (outside an enclosed building) shall be lim ited to vehicles, boats, recreational vehicles, and trailers. Outdoor storages areas shall be screened from City of Fresno Notes and Requirements For Entitlement Applications

public view by building façades or solid fences. At the discretion of the Review Authority, the treatment of the ground surface of the open storage area may be gravel or other materials as prescribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control District. All open storage must be depicted on the sit e plan and described in operation. If it is not, it is not allowed on the site.

52. If video surveillance cameras are required or installed, provide signs under the surveillance cameras which notify the public that the subject property is monitored by video surveillance.

FEES
(Not all fees will be applicable to all projects . Please reach out to Frank Saburit at (559) 621-8797 for fee questions.)

53. NOTICE TO PROJECT APPLICANT : In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of imposition of fees, dedication s, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provis ions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

54. CITYWIDE DEVELOPMENT IMPACT FEES
a) Traffic Signal Charge (FMC Section 12-4.1101 to 12-4.1103) This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the Master Fee Schedule. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit.
b) Fire Facilities Fee (FMC Section 12 -4.901 to 12 -4.906) (based on building square footage, or residential units)
c) Police Facilities Fee (FMC Section 12-4.801 to 12-4.806) (based on building square footage, or residential units)
d) Parks Facilities Fee (FMC Section 12 -4.701 to 12 -4.706) (based on the number of residential units)

55. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (FMC Section 12-4.1006)
a) Street Impact Fees shall be due and payable at the time of building permit issuance unless otherwise required by State law.
b) Street Impact Fees will be a condition on all development entitlements granted.

City of Fresno Notes and Requirements For Entitlement Applications

56. FRESNO COUNTY FACILITY IMPACT FEE
Fresno County adopted a Facilities Impact Fee, but the requirement to pay this fee was subsequently suspended by Fresno County. If the fee has been reinstated at the time of issuance of building permits for this project , or an alternative fee system has been adopted by Fresno County, proof of payment or payment of this fee will be required for issuance of building permits.

57. REGIONAL TRANSPORTATION MITIGATION FEE (RTMF)
Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233 -4148, ext. 200; www.fresnocog.org. The RTMF form shall be signed by a Building and Safety Services staff member prior to issuance of building permits. P roof of payment shall be provided prior to issuance of occupancy.

58. SCHOOL FEES
School fees must be paid, if required, prior to the issuance of building permits. Contact the applicable school district to obtain fee amount. Provide proof of payment (or no fee required) prior to the issuance of building permits.

59. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES a) A FMFCD Development Fee is required for review of proposed development projects, including applications for plan amendments, rezones, special permits, subdivisions, and grading plans. This fee is based on project acreage and must be paid directly to FMFCD in order for that agency to review projects and provide a Notice of Requirements. For more information, contact the FMFCD at (559) 456-3292.
b) FMFCD drainage fees are due, if required, prior to issuance of building permits and are payable at the rate in place at the time of building permit issuance.

Unpaid drainage fee obligations that were unpaid for a prior project at the site of a new project must be satisfied by the developer of the new project. Drainage fees may be paid at the Planning and Development Department prior to, or at the time of building permit issuance. They may also be paid directly to FMFCD, and proof of payment provided to the City, in order to obtain construction permits.

60. SEWER C ONNECTION CHARGES (FMC Section 6 -304(a)). The following sewer connection charges may be required a nd will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied. a) Lateral Sewer Charge (based on property frontage to a depth of 100’) b) Oversize Sewer Charge (based on property frontage to a depth of 100’)

City of Fresno Notes and Requirements For Entitlement Applications

c) Wastewater Facilities Charge
d) Trunk Sewer Charge
Effective January 9, 1999, Ordinance No. 98 -97 also amended certain sewer connection charges. Fresno Municipal Code Article 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered E quity Program (STEP) and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Wastewater Division - Environmental Services Section at (559) 621 - 5153.

61. WATER CONN ECTION CHARGES : (FMC Sections 6 -501 to 6 -507). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied. a) Frontage Charge (based on property frontage)
b) Service Charges (based on service size required by applicant) c) Meter Charges (based on service need)
d) Water Capacity fee (based on size of meter)

62. Deferment of the payment of Citywide development impact fees for Fire, Police, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of City of Fresno Resolutions Nos. 2009-265 and 2010-19.

PUBLIC WORKS DEPARTMENT GENERAL NOTES
(to be added to the site plan)

63. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California.

64. Repair all damaged and/or off -grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy.

65. Two working days before commencing excavation operations within the street right -of- way and/or utility easements, all exist ing under -ground facilities shall have been located by underground services.

66. The performance of any work within the public street right -of-way requires a street work permit prior to commencement of work. All required street improvements must be completed and accepted by the City prior to occupancy.

City of Fresno Notes and Requirements For Entitlement Applications

67. Contact the Public Works Department, Traffic Engineering at (559) 621 -8800, 10 working days prior to any offsite concrete construction.

68. For Standard Drawings visit https://www.fresno.gov/publicworks/wp- content/uploads/sites/17/2016/09/CityofFresnoStandardDrawings2016Feb.pdf

69. For Traffic Plannin g’s website with useful links, additional notes , sample of legend , Parking Manual and Traffic Study Checklist visit
https://www.fresno.gov/publicworks/traffic-engineering/#tab-2

70. Traffic Planning Checklist link: https://www.fresno.gov/publicworks/wp- content/uploads/sites/17/2019/04/Traffic-Planning-Checklist-04-19.pdf

71. For Traffic Study questions please contact Jill Gormley at (559) 621 -8792 or via email at [email protected].

Updated: 9/14/2020