Fresno City Council
May 11, 2023

Exhibit E – Conditions of Approval dated April 5, 2023

2600 Fresno Street, Third Floor Planning and Development Department Fresno, California 93721-3604 Jennifer K. Clark, AICP, Director (559) 621-8277 FAX (559) 498-1026

April 5, 2023, Please reply to:

Thomas Veatch
(559) 621-8076
John Ashley
Fresno/Newbury LP
[email protected]
(Sent via email only)

SUBJECT: D EVELOPMENT PERMIT APPLICATION NO. P2 1-06232 FOR PROPERTY LOCATED AT 8715 NORTH CHESTNUT AVENUE (APN: 403-532-28)

PROJECT DESCRIPTION

Development Permit Application No. P21-06232 was filed by John Ashley of Fresno/Newbury LP and pertains to ±2.20 acres of property generally located on the west side of North Chestnut Avenue between the intersections of East Shepherd and East Teague Avenues, at 8175 North Chestnut Avenue (APN: 403- 532-28). The applicant proposes a 32- unit apartment complex consisting of four ( 4) 5,750 square foot two -story buildings and a 1,069 sq foot leasing and managers office on a vacant parcel. In addition, on and off -site improvements are proposed including but not limited to a new drive approach, 79 new parking stalls, pool, trash enclosures, landscaping, curb, gutter, and sidewalks. The property is zoned RS -4 ( Residential Single Family, Medium Low Density ). Related General Plan Amendment/Rezone Application P22 - 01086 is proposed to rezone the property to RM -1 (Residential Multi-family - Medium High Density) to accommodate the project.

CONDITIONS OF APPROVAL

PART A – ITEMS TO BE COMPLETED

The following items are required before issuance of building permits or final inspection:

Planner to check
when completed

1. Development and operations shall take p lace in accordance with Exhibit A dated August 19, 2022, and Exhibits E-1, E-2, F-1, F-2, F -3 and L dated August 30, 2022. Revise and transfer all comments or corrections to plan exhibits and upload to the related compliance record before issuance of building permits (see directions below).

2. Pursuant to Section 15 -2015-B-2-c, exterior lighting with an intensity of at least 0.25 foot-candles at the ground level shall be provided for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination.

3. Revise Site Plan, Elevations, and Floor Plans to comply with provisions of Section 15-1004-A (Residential Transition Standards). Provide screening

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measures between subject property and single family home parcels on the eastern and southern property borders . Revise operational statement to provide a narrative description of how corrected exhibits meet Section 15- 1004-A-4 (Screening).

4. The required Type 1 Landscape Buffer on the western and southern property lines shall be planted and maintained in accordance with Table 15-2305-C-2 of the FMC.

5. Revise Site Plan, Elevations, and Landscape Plans to comply with Section 15-1004-E (Pedestrian Access). Revise operational statement to provide a narrative description of how the project meets either the Flexibility or Certainty option.

6. All parking lots and garages shall be illuminated with a minimum of 0.5 foot - candle of light in accordance with Section 15-2420-B .

7. Provide lighting plan that demonstrates compliance with Section 15 -2015 (Outdoor lighting and illumination). Revise Operational Statement to provide narrative description of how project meets requirements of Section 15-2015- 8 (Light Trespass) and Section 15-2508 (Lighting and Glare).

8. Proposed screen walls on southern property line and existing screen wall on northern and western property lines shall be constructed and maintained in accordance with the standards and provisions of Sections 15-200-D and 15- 2008 of the FMC.

9. Pursuant to FMC Section 15-2006-L-3, incorporate decorative pilasters with decorative caps spaced no more than 30 feet apart into wrought iron fencing along street frontages.

10. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from major streets, highways, passenger railways, or abutting Residential Districts.

Equipment to be screened includes, but is not limited to, all roof -mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Above grade equipment by Public Utility providers may be permitted within easements.

11. All parking areas shall be developed and maintained in accordance with Article 24 of the Citywide Development Code.

12. Provide elevation plans for proposed carports. Carport materials, color, and design shall be similar to features of the proposed buildings and be of a complementary.

13. The proposed use and operation shall comply with Article 25 - Performance Standards contained in the FMC. Add note to revised site plan.

14. Pay applicable Regional Transportation Mitigation Fee (RTMF), Traffic Signal Mitigation Impact (TSMI) Fee, and Fresno Major Street Impact (FMSI) Fee prior to issuance of building permits.

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15. Provide Irrigation plans for landscaping plan.

16. Landscaping must be in place before issuance and final inspection. A Hold on 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 plan and landscape plan.

17. Prior to 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 have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division (Include this note on the site and landscape plans).

PART B – OTHER AGENCY COMMENTS AND CONDITIONS REQUIREMENTS

Planner to check when completed

1. Air District: Comply with the requirements outlined in the attached air district letter dated September 21, 2022.

2. Building and Safety Division: The following items require a separate process with additional fees and timelines, in addition to the Development Permit Application process.

1. Building, Grading and Utility plans are required to be submitted to Building and Safety Services Division for approval and permits for the proposed project.
• Verify permanent drainage facilities are provided by Fresno Metropolitan Flood Control District (FMFCD). Contact Jason Clark at (559) 456-3292 for additional information.
• Solar Support Structures over parking shall meet all requirements of City of Fresno Industry Bulletin 20-01. Document has been uploaded to application #P22-01086.
• Construction documents shall be designed, stamped and signed by a licensed professional (Architect/Engineer).
• Construction documents shall clearly identify if this project is privately or publicly funded on the cover sheet.
• • Construction documents shall show compliance with CBC chapter 11A and/or chapter 11B as applicable (based on project funding).

3. Department of Public Utilities (Sewer, Solid Waste, Water): Please reference the attached memoranda dated September 16, 2022.

4. Fire Department: All back checks are performed electronically through the Accela Program (FAASTER portal). You must submit the following documentation to the Building Department: 1) Provide copy of the original submittals (drawings, calculations, and supporting documents) including mark-ups from the plan reviewers who worked on your documents. 2) Provide a complete set of revised drawings, calculations, and supporting documents addressing plan check comments (all changes shall be clouded). 3) Provide a detailed typed response to each item listed in the

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plan check correction comments document. If you have additional questions regarding back check submittals, please contact the Building Department.

All revisions to plans shall be called out with a cloud or delta.

If you have questions and would like more information regarding FFD Development Policies please see the following: https://www.fresno.gov/fire- training/manuals-and-forms/

This project was reviewed by the Fire Department only for requirements related to water supply, 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 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.

1. Note on plan per DRC letter: Required fire hydrant installations and all weather access roads shall be installed and maintained in a serviceable condition prior to delivery of combustible material to the job site. 03.002)

2. Note and show on plan: Show the location of the fire department connection. Fire department connections shall not be installed within five (5) feet of any building opening, excluding a fire department riser access door. (FFD Development Policy 405.025) Per DRC letter, a location was suggested and called out on the red lines for the location of the fire department connection; however, it isn't shown on the plan.

3. Note on plan: Fire department connections shall be located within forty (40) feet of a fire apparatus access lane. (FFD Development Policy 405.025)

4. Note on plan: The minimum size of all fire department connections shall be based upon the system type. No connection shall be less than 2½ inch in size. (FFD Development Policy 405.025)

5. Note on plan: Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire chief. 2019 CFC, Section 912.2.1.

6. Note on plan: Address Identification. For new and existing buildings, the fire code official is authorized to require approved address or building area identification signage as needed to readily determine the building or area of a building protected by fire department connections. FMC Section 10- 50912.2.3

7. Note on plan: All gated residential developments require a “Click to

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Enter” system. When required, provide an approved visual recognition/feature sign at the “click to Enter” gate locations.

8. Note on plan: Provide approved police/fire bypass lock (“Best” padlock model 21B700 series or electric cylinder switch model 1W7B2) on drive access gate(s). All electrified gates shall be equipped with the Best electric cylinder lock 1W7B2. A Knox padlock may not be used in place of the Best padlock model 21B700. These locks can be purchased only through Sierra Lock & Glass, 1560 N. Palm Avenue, Fresno, CA 93728.

9. Note on plan: Required fire apparatus access lanes shall be provided year round and maintained with an approved all-weather surface, capable of supporting 80,000-pound vehicles. The fire apparatus access lanes shall be a minimum of 4-inch base rock over compacted or undisturbed native soil or per approved engineering plans with a minimum of 24 feet of clear width or other approved method, which would prevent shoulder degradation. (FFD Development Policy 403.002).

10. Note on plan: All types of vehicle access shall maintain a minimum of 13 feet, 6 inch vertical clearance over the entire width of the access. (FFD Development Policy 403.002)

11. Note on plan: Overhead utility, power lines, large trees, and other obstructions shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. (FFD Development Policy 403.002)

12. Note and show location on plan for the gate located on the west side of the complex: Emergency access gates across entrances that have been designed for use by fire and police personnel only shall be designated on the properties site plan prior to construction of the complex. (FFD Development Policy 403.005) The sign below is required on both sides of the gate: “FIRE LANE” (in 6 inch letters) “VEHICLES REMOVED AT OWNER’S EXPENSE” (in 2 inch letters) “FRESNO POLICE
DEPARTMENT @ (559) 621-7000” (in 1 inch letters)

13. Clarify the width of the drive on the west end of the complex as it is currently shown as 17' on the site plan.

14. Note on plan: Buildings and exterior storage areas over 450 feet in depth or width, but less than 650 feet in depth or width, may be allowed to have a single point of access with approved turnarounds complying with FFD policy 403.002. (FFD Development Policy 403.002)

15. Clarify the width at the base of the T-turnaround as a measurement is not indicated on the plan.

16. Note on plan: Regardless of parking configurations, a minimum clear drive width of 20 feet shall be required. The Fire Marshal (or designee) may

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require increases in these widths. (FFD Development Policy 403.002)

17. Note and show on plan: Loading zones shall not be located in required fire lanes. Currently, the plan indicates the fire lane in front of trash enclosures which are also labeled as loading zones.

Additional requirements or comments may be required upon resubmittal review.

5. Flood Control: Comply with the attached memoranda submitted by the Fresno Metropolitan Flood Control District dated September 20, 2022 and October 6, 2022. Pay the NOR Review fee prior to the issuance of building permits.

6. Fresno County Environmental Health:

Recommended Conditions of Approval:
• Construction permits for the proposed development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116.

• Construction permits for the proposed development should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking Water-Southern Branch. For more information call (559) 447- 3300.

• Due to the location, the proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City’s municipal code.
• Prior to the issuance of building permits, the applicant shall submit complete pool facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Recreational Health Program at (559) 600-3357 for more information.

• Prior to operation, the applicant shall apply for and obtain a permit to operate a public swimming pool from the Fresno County Department of Public Health, Environmental Health Division. A permit, once issued, is nontransferable. Contact the Recreational Health Program at (559) 600- 3357 for more information.
• Facilities that use and/or store hazardous materials and/or hazardous wastes 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. Your proposed business will handle hazardous materials and/or hazardous waste and will be required to submit a Hazardous Materials Business Plan pursuant to the HSC, Division 20, Chapter 6.95 (http://cers.calepa.ca.gov/). Contact the

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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 found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.

The following comments pertain to the demolition/remodel of existing structure(s):

• Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structure in order to prevent the spread of vectors to adjacent properties.

• In the process of demolishing the existing structure(s), the contractor may encounter asbestos containing construction materials and materials coated with lead-based paints.

• If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information.

• If the structure(s) were constructed prior to 1979 or if lead-based paint is suspected to have been used in the structure(s), then prior to demolishing work the contractor should contact the following agencies for current regulations and requirements:

• California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at
(560) 620-5600.

• United States Environmental Protection Agency, Region 9, at (415) 947-8000.

• State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302.

7. Department of Public Works (Street Maintenance): Comply with the requirements listed in the attached letter dated September 19, 2022.

8. Clovis Unified School District: Comply with the requirements listed in the attached letter dated September 20, 2022.

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9. Department of Public Works (Traffic):Comply with Public Works Traffic Planning conditions of approval and redlined Exhibits A, Check Print 1 dated September 21, 2022. For questions, please contact Louise Gilio at [email protected] or at (559) 621-8806.

10. Development and Impact Fee Estimate Comply with fee estimate memo dated September 19, 2022.

11. Fresno Irrigation District. Comply with FID memo dated September 2, 2022.

12. Department of Public Works. Comply with DPW street tree and landscaping comment memo dated August 30, 2022.

PART C – PLANNING DEVELOPMENT CODE STANDARDS

1. Density and Intensity Standards: Compliance with the conditions of approval included in Parts A and B above will result in modifications to the proposed site plan. Should corrections or revisions result in changes to the overall site plan configuration, development shall take place in accordance with FMC Tables 15-10 03 (Intensity and Massing Development Standards-Residential Districts)

2. General Site Regulations: Compliance with the conditions of approval included in Parts A and B above will result in a modification to the proposed site plan. Should corrections or revisions result in changes to the site plan configuration, development shall follow FMC Section 15 Article 20 (General Site Regulations).

3. Site Design: Compliance with the conditions of approval included in Parts A and B above will result in a modification to the proposed site plan. Should corrections or revisions result in changes to the site plan configuration, development shall follow FMC Section 15-10 04 (Site Development Standards).

4. Parking and Loading: All parking shall be provided in accordance with the City of Fresno Parking Manual and per Article 24 of the FMC.

5. Landscaping: All landscaping shall be provided and maintained in accordance with Article 23 of the FMC.

6. Façade: Development shall comply with the façade design development standard under FMC Sections 15-1005.

7. Fencing: All Fencing, Walls, and Hedges shall be provided and installed per FMC Section 15-2006.

8. Special use Requirements: Not applicable.

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PART D – PLANNING – OTHER REQUIREMENTS

1. The development shall follow the policies of the Fresno General plan, Woodward Park Community Plan, and the proposed residential multi-family medium high density planned land use designation.

2. The development shall follow the RM-1 (Residential Multi-family, Medium High Density) zone district and all other applicable sections of the Citywide Development Code, Chapter 15 of the Fresno Municipal Code (FMC).

3. Comply with the operational statement submitted for the proposed project dated August 30 2022.

4. The development shall comply with the City of Fresno Parking Manual, California Building Code, and American Disabilities Act requirements.

5. The development shall take place in accordance with the "General Notes and Requirements for Entitlement Applications" listed below if applicable Property development standards and operational conditions are contained in Articles 10 ( Residential Multi-family 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 E - MISCELLANEOUS AND GENERAL NOTES AND REQUIREMENTS

Not all notes and requirements listed below are applicable to all projects.

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 Zoning Ordinance, and all Public Works Standards and Specifications.

This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation 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 availabl e under the law. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting 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 permit 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:

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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.

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 (including leasing out any commercial or industrial pro perty, or renting out four or more dwelling units) 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 more information. Information and an application form is available at the following website: Click Here

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 the 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.

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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 condition. 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 ensure conti nued compliance with applicable landscaping 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 California Model Water Eff icient 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 injury arising from lack of water, chemical damage, accidents, vandalism, insects, and diseas e.

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 shall issue a Tree R emoval 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 utility 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 property 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).

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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 inst allation 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 areas, 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. Parking lots, including landscaped areas, 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.

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 p osted 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 efficient 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 Fresno 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 eight 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 park ing 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 between each row, when multiple rows ar e 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 Fresno Municipal Code shall apply to all parking areas.

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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. 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 process 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.)

31. All proposed signs shall conform to the current sign ordinance. The submittal checklist for signs is available online at: Click Here

32. Window signs limited 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 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 be 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 Fresno Municipal Code at any time, 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 tem porary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

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37. Lights shall be placed to deflect 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. Except for public streetlights and stadium lights, no light, combination of lights, 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 visible 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.

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 Chapter 6, Article 7 (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 o f 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 infor mation 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 Quality 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 regulations may be obtained from the following w ebsite:
www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml ,

Development Permit Application No. P21-06232
April 5, 2023

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.)

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 be 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 conducted 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 Paleontology, 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 the 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, contact 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 supply, 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 when a submittal for building plan review is made as required

Development Permit Application No. P21-06232
April 5, 2023

by the California Building Code by the architect or engineer of record for the building.

51. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers. Outdoor storage areas shall be screened from 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 site plan and described in operational statement. 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, dedications, 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 provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

54. CITYWIDE DEVELOPMENT IMPACT FEES

a) Traffic Signal Charge (Fresno Municipal Code 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 Master Fee Schedule. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at the time of building permit.

b) Fire Facilities Fee (Fresno Municipal Code Section 12- 4.901 to 12 -4.906) (based on building square footage, or residential units)

c) Police Facilities Fee (Fresno Municipal Code Section 12- 4.801 to 12-4.806) (based on building square footage, or residential units).

d) Parks Facilities Fee (Fresno Municipal Code 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 (Fresno Municipal Code 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.

Development Permit Application No. P21-06232
April 5, 2023

b) Street Impact Fees will be a condition on all development entitlements granted.

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 . Provide proof of payment
or exemption prior to issuance of certificate 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 the 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 CONNECTION CHARGES (Fresno Municipal Code Section 6 -304(a)). The following sewer 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 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’) c) Wastewater Facilities Charge
d) Trunk Sewer Charge

Development Permit Application No. P21-06232
April 5, 2023

Effective January 9, 1999, Ordinance No. 98- 97 also amended certain sewer c onnection charges. Fresno Municipal Code Article 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP) and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600.

61. WATER CONNECTION CHARGES: (Fresno Municipal Code Sections 6 -507 to 6 -513).

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 existing underground 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.

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

68. For Standard Drawings Click Here

69. For Traffic Planning's website with useful links, additional notes, a sample of legend, Parking Manual and Traffic Study Checklist Click Here
.

70. Traffic Planning Checklist Click Here.

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

September 21, 2022

Thomas Veatch
City of Fresno
Planning and Development Department
2600 Fresno Street, Room 3065
Fresno, CA, 93721

Project: P22-01086 8715 North Chestnut Residential

District CEQA Reference No: 20221214

Dear Mr. Veatch:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the General Plan Amendment (GPA) and Rezone from the City of Fresno (City) for the 8715 N.

Chestnut residential project. Per the GPA/Rezone, the project consists of a GPA/Rezone to allow for the construction of a 32 unit apartment complex (Project). The Project is located at 8715 N. Chestnut Avenue, Fresno, CA, 93619.

The District offers the following comments regarding the Project:

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.

Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI):
https://www.valleyair.org/transportation/GAMAQI.pdf.

San Joaquin Valley Air Pollution Control District Page 2 of 7 District Reference No: 20221214
September 21, 2022

Construction Emissions

The District recommends, 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.

Health Risk Screening/Assessment

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

To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) 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 Contaminants (TACs) 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 project, including multi-year construction, as well as ongoing operational activities of the project. 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 on-road trucks.

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/PRIORI TIZATION-CALCULATOR.xls

San Joaquin Valley Air Pollution Control District Page 3 of 7 District Reference No: 20221214
September 21, 2022

Health Risk Assessment:

Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. This step will ensure all components are addressed when performing the HRA.

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 District’s 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) modeling files
 HARP2 files
 Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.

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

 E-Mailing inquiries to: [email protected]
 Calling (559) 230-5900

Recommended Measure: Development projects resulting in TAC 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 located at https://ww3.arb.ca.gov/ch/handbook.pdf.

Vegetative Barriers and Urban Greening

There are residential units located in close proximity all around the Project. 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., residential units).

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 San Joaquin Valley Air Pollution Control District Page 4 of 7 District Reference No: 20221214
September 21, 2022

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.

Clean Lawn and Garden Equipment in the Community

Since the Project consists of residential development, gas-powered residential 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.

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 the Project.

Electric Vehicle Chargers

To support and accelerate the installation of electric vehicle charging equipment and development of required 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 the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations.

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

San Joaquin Valley Air Pollution Control District Page 5 of 7 District Reference No: 20221214
September 21, 2022

District Rules and Regulations

The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.

The list of rules below 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 future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888.

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 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).

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 construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888.

District Rule 9510 - Indirect Source Review (ISR)

The District has reviewed the information provided and has determined the project size is below the District Rule 9510, section 2.1 applicability threshold of 50 units for a residential development. Therefore, District Rule 9510 requirements and related fees do not apply to the project.

San Joaquin Valley Air Pollution Control District Page 6 of 7 District Reference No: 20221214
September 21, 2022

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.

District Rule 4601 (Architectural Coatings)

The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

The purpose of this rule is to limit VOC emissions from architectural coatings.

In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
http://www.valleyair.org/rules/currntrules/r4601.pdf

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.

Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

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

San Joaquin Valley Air Pollution Control District Page 7 of 7 District Reference No: 20221214
September 21, 2022

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

District Rule 4901 - Wood Burning Fireplaces and Heaters

The purpose of this rule is to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. This rule establishes limitations on the installation of new wood burning fireplaces and wood burning heaters.

Specifically, at elevations below 3,000 feet in areas with natural gas service, no person shall install a wood burning fireplace, low mass fireplace, masonry heater, or wood burning heater.

Information about District Rule 4901 can be found online at:
http://valleyair.org/rule4901/

Other District Rules and Regulations

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

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 Matt Crow by e- mail at [email protected] or by phone at (559) 230-5931.

Sincerely,

Brian Clements
Director of Permit Services

For: Mark Montelongo
Program Manager

DEPARTMENT OF PUBLIC UTILITIES

MEMORANDUM

DATE: September 16, 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 FOR P22-01086 PROPOSED APARTMENT COMPLEX APN 403-532-28

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.

Water Service Requirements

1. On-site water facilities shall be private.

2. Installation of water service(s) & 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 a 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards.

Water Supply Requirements

1. The existing property is currently served with one 1.5-inch water meter.

a. If the total domestic, commercial, industrial and irrigation water demands for the applicant’s proposed project can be accommodated with the existing one

1.5-inch water meter, then the applicant shall not be required to pay a Water Capacity Fee Charge.

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Department – Current Planning
September 16, 2022
DPU CONDITIONS OF APPROVAL FOR P22-01086 PROPOSED APARTMENT COMPLEX APN 403-532-28

b. If the total domestic, commercial, industrial and irrigation water demands for the applicant’s proposed project cannot be accommodated with the one 1.5- inch water meter, and an additional water meter or a larger water meter is required, then the applicant shall be required to pay a Water Capacity Fee Charge.

c. If a larger water meter or fire service is required to accommodate the new, larger water demands, then the Water Capacity Fee Charge shall be calculated by subtracting the Water Capacity Fee Charge associated with the larger water meter size required for the applicant’s project. The Water Capacity Fee Charges for different meter sizes are published in the city’s Master Fee Schedule.

d. The City reserves the right to require an applicant to increase or decrease the size of a water meter for a project 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.

e. 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 North Chestnut Avenue. Sanitary sewer facilities are available to provide service to the site subject to the following requirements:

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

2. House branch(sewer lateral) lager than 6-inch shall require a manhole connection.

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

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

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Department – Current Planning
September 16, 2022
DPU CONDITIONS OF APPROVAL FOR P22-01086 PROPOSED APARTMENT COMPLEX APN 403-532-28

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

6. The Project Developer shall contact Utility Billing and Collection Services at (559) 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 #1.

3. Sewer Facility Charge (Multi-Residential)

4. Herndon Trunk Enhancement Fee.

5. 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.

6. 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

For the purpose of establishing city solid waste service policies, multi-family complexes are defined as complexes composed of three (3) dwelling units or more per parcel.

These service requirements apply to all multi-family complexes within the City of Fresno.

1. Location will be serviced by Allied Waste. Please contact at 559-275-1551 or 1- 800-493-4285 for servicing.

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Department – Current Planning
September 16, 2022
DPU CONDITIONS OF APPROVAL FOR P22-01086 PROPOSED APARTMENT COMPLEX APN 403-532-28

2. All trash bins provided to multi-family complexes must be serviced with a frequency of at least twice per week. This standard does not apply to frequency of service for recycling bins. Solid Waste bin service will be provided by the City of Fresno, per FMC 9-405.

3. All multi-family complexes are required to subscribe for recycling services, per FMC 9-405.1. Recycling services may be provided by the City of Fresno or any private recycling service provider. Recycling services must include at the minimum cardboard, newspaper, paper, glass, plastics, beverage containers, and metal recycling.

4. All trash and recyclable material must be placed in approved containers, per FMC 9-404. At no time may trash and recyclable material be placed on the ground or pavement.

5. Bin enclosures, if provided on site, must be used exclusively for the storage of trash and recycling bins, per public works standard specifications P-33 & P-34.

6. All Solid Waste and Recycling service collectively must equal or exceed a 2:1 ratio of 2 units per one cubic yard of service per week. This minimum service applies to all multi-family complexes. (i.e. 24 unit complex must have a minimum of 12 cubic yards of solid waste and recycling service per week.)

7. Service Route Permits and Location Permits are required for all private trash company service within the City of Fresno, per FMC 9-408. All private company trash service arrangements must be pre-approved through Solid Waste Management Division.

8. 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.

9. ADA requirement for multifamily residential

10. Developer shall install (or construct) a trash enclosure for the project that complies with the City’s ADA requirements as defined in the City’s standard drawings, details and specifications. The certificate of occupancy for the project shall be withheld until developer installs (constructs) the trash enclosure in accordance with the City’s ADA requirements.

PROJECT NO:

APN:

ADDRESS:

SENT:
2021-06232
8715 N. CHESTNUT AVE.
403-532-28
September 20, 2022

PUBLIC AGENCY

THOMAS VEATCH

DEVELOPMENT SERVICES/PLANNING

CITY OF FRESNO
2600

FRESNO STREET, THIRD FLOOR

FRESNO, CA
93721-3604

DEVELOPER

JOHN ASHLEY, FRESNO/NEWBURY LP
1554
SHAW AVE.

CLOVIS, CA
93611
Drainage Area(s)
Preliminary Fee(s)
CX
$9,228.00
Development Review
Service Charge(s)
Fee(s)
NOR Review
$78.00
To be paid prior to release of District comments to Public Agency and Developer.

Grading Plan Review
$399.00
Amount to be submitted with first grading plan submittal.

Total Drainage Fee: $9,228.00
Total Service Charge: $477.00
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
8/30/22
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.)
Creditable storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)
The actual cost incurred in constructing Creditable drainage system facilities is credited against the drainage fee obligation.
e.)
When the actual costs incurred in constructing Creditable 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. X
a.

Drainage from the site shall BE DIRECTED TO CHESTNUT AVENUE.

b.

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

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
X
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
Anthony Zaragoza
Design Engineer, RCE
Engineer III
Digitally signed by Debbie Campbell Date: 9/19/2022 7:47:45 PM Digitally signed by Anthony Zaragoza Date: 9/12/2022 4:27:30 PM CC:

WELL COMMUNITY CHURCH
2044 E. NEES
FRESNO, CA 93720
5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

Our records indicate that there may not be continuous existing curb and gutter to convey runoff to the Master Plan inlet located at Chestnut and Teague Avenues. The developer shall be required to provide documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location.

The District
’
s existing Master Plan drainage system is designed to serve medium density residential uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed medium high density residential land use. The developer shall be required to mitigate the impacts of the increased runoff from the proposed medium high density land use to a rate that would be expected if developed to medium density residential. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system.

Should the developer choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a medium high density residential density development, to a two-year discharge, which would be produced by the property if developed medium density residential. Implementation of the mitigation measures may be deferred until the time of development. However, the District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of mitigation design prior to preparing a grading plan.

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.

Development No.

FR DPA No. 2021-06232

OTHER REQUIREMENTS
EXHIBIT NO. 2

Fresno Metropolitan Flood Control District
Capturing Stormwater since 1956
k:\letters\rezone letters\fresno\2022\22-01086(cx)(az).docx

5469 E. Olive Avenue • Fresno, CA 93727 • (559) 456-3292 • FAX (559) 456-3194 www.fresnofloodcontrol.org
File 210.412 “2021-06232”
210.414 “2022-01086”
310. “CX”

October 6, 2022

Mr. Thomas Veatch, Planner
City of Fresno, Planning & Development Department
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604

Dear Mr. Veatch,

General Plan Amendment/Rezone No. P22-01086
Drainage Area “CX”

The District has reviewed the land use changes proposed through the subject rezone and plan amendment. The District’s existing Master Plan drainage system was designed to serve medium density residential uses and does not have the capacity to accommodate the increased runoff generated by the proposed medium high density residential land use.

The District requests that, as a condition of the proposed rezone and plan amendment, the developer be required to mitigate the impacts of the increased runoff from the proposed medium high residential land use to a rate that would be expected if developed to medium density residential. The developer may either m ake improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Implementation of the mitigation measures may be deferred until the time of development.

Should the developer choose to construct a permanent peak reducing facility, this system would be required to reduce runoff from a ten -year storm produced by the medium high density residential land use development and r elease a two-year discharge, which would be produced by the property if developed medium density residential. The developer will be required to submit improvement plans to the District for review and approval showing the proposed method of mitigation prior to implementation.

Should you have any questions concerning this matter, please feel free to contact the District.

Sincerely,

Anthony Zaragoza
Engineer III

AZ/lrl/jt

REV: June 1, 2015
P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS

DATE: September 19, 2022

TO: Thomas Veatch, Planner II
Planning & Development Department

FROM: Adrian Gonzalez, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division

SUBJECT: PUBLIC WORKS CONDITIONS OF APPROVAL FOR DEVELOPMENT PERMIT P21-06232 REGARDING MAINTENANCE REQUIREMENTS

ADDRESS: 8715 North Chestnut Avenue
APN: 403-532-28

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
Packages (CFD 9 and 18)
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 to complete. Documents SHALL be submitted and accepted for processing prior to Building Permit approval.

REV: June 1, 2015
P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS
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 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 are 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 frontage is only on one side) and parkways. (Major an d Local P ublic 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’s Service Requirements

The recurring expenditures related to Public Safety Services, police and fire safety/protection/suppression (“Services”), provided by the City that are associated with

REV: June 1, 2015
P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS
all new Single-Family developments are the ultimate responsibility of the Developer. The Developer shall provide these Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District No. 18 (“CFD No. 18”).

The following public safety services will be furnished by CFD No. 18 as associated with this development:

 The services to be funded, in whole or in part, by the District include all direct and incidental costs related to providing for the funding of public safety services within the area of the District.

 The services shall include, but not be limited to, police and fire safety/protection/suppression services.

 The District may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services.

 The administrative expenses to be funded by the District i nclude the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the City related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by th e City from its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, an d all other costs and expenses of the City in any way related to the District.

 The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District.

The Property Owner may choose to do 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

REV: June 1, 2015
P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS
Public Works Department, Land Section for review and approval. The Annexation Request Form is available, along with current costs, on -line at the 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 technic ally correct. (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 will be put on HOLD and the developer notified if all of the requirements for processing are not in compliance.

 The annexation process takes from three to four months to complete.

Documents SHALL be submitted and accepted for processing 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.

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 Services associated with this development or as approved by the City Engineer.

III. The Property Owner may petition the City of Fresno to request annexation to CFD No. 18 by completing and submitting an Annexation Request Package to the Public Works Department, Traffic Operations and Planning Division for review and approval. The Annexation Request Form is available, along with current costs, on- line at the City’s website at http://www.fresno.gov , under the
Public Works Department, Land Development.

 Proceedings to annex the final map to CFD No. 18 SHALL NOT commence unless the final map is within the City limits and all construction plans (this includes Street, Street Light, Signal, Landscape and Irrigation plans, and any other plans needed to complete the process) and the final map are considered technically correct.

 The annexation process will be put on HOLD and the developer notified if all

REV: June 1, 2015
P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS
of the requirements for processing are not in compliance. Technically Correct shall mean that the facilities and quantities to be maintained by CFD No. 1 8 are not subject to change and after acceptance for processing.

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]

9-21-2022
P21-06232 CHESTNUT 8715 N.doc

SUBJECT: Conditions of Approval for P21-06232

DATE: September 21, 2022

TO: Thomas Veatch, Planner II
Planning and Development Department

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

ADDRESS: 8713 North Chestnut Avenue

APN: 403-532-28

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]

9-21-2022
P21-06232 CHESTNUT 8715 N.doc

ATTENTION:

Provide corrections as noted on Exhibit “A”.

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

A. GENERAL REQUIREMENTS

1. Easements: Identify and dimension proposed street easements.

2. 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. 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 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. https://www.fresno.gov/publicworks/traffic-engineering/#tab-6

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. https://www.fresno.gov/publicworks/traffic-engineering/#tab-4

i. Submit signing and striping plans to the public works department. Comply with the current Caltrans standards.
https://www.fresno.gov/publicworks/traffic-engineering/#tab-4 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. A ll development shall take place in accordance with all city laws and regulations.

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B. OFFSITE INFORMATION:

1. Public Street Improvements:
a. Street pavement: Identify existing and proposed.
b. Sidewalk drains: Identify proposed.
c. Undergrounding of overhead utilities: Identify overhead utilities to be undergrounded.

2. 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 a 30" state standard "STOP" sign at the location shown. A "right turn only" sign is also required; install a 30" x 36" state standard sign immediately below the stop sign on the same post. 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.

2. Multi-Family Gates: Provide and maintain a minimum of 50’ from the proposed gate to the back of right-of-way easement, for vehicle stacking at the main gate.

Redesign the main entrance to provide for an onsite turn around. Where the entry is divided, each side shall provide for a minimum opening of 16’ each.

Where it is not divided, the gate shall be a minimum of 20’ wide.

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 condit ions 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, an d the approved street plans. Street widening and transitions shall also include utility relocations and necessary dedications.

Repair all damaged and/or off grade off -site concrete street improvements as determined by the City of Fresno Public Wor ks Department, Construction Managem ent Division, (559) 621- 5600. Pedestri an paths of t ravel must also meet current accessibility regulations.

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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 private overhead, surface or sub- surface structures , and appurtenances in the public right of way is prohibited unless an E ncroachment Covenant is approved by the City of Fresno Public Work s De partment, Traffic and Engineering Services Division, (559) 621- 8693. Encroachment Covenant must be approved prior to issuance of building permits

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

1. Dedication Requirements:
a. Dedicate a 25’ public street easement within the limits of this application, per Public Works Standard P-52.

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 paving as needed per Public Works Standard P-48. 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 a 10’ residential pattern. Constr uct a 4’ residential sidewalk (5.5’ - 4’ - 0.5’). 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 Arterials. 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 Standard s E-15, E- 17 and E-18 or as approved by the City Engineer.
e. Provide a 12 ’ visibility triangle at all dr iveways, per Fresno Municipal Code (FMC) 15-2018B.

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

Contact Scott Tyler at (559) 621- 8654 or at [email protected] and subm it Public
Improvement Plans for all required work, in a single package, to Engineering Services Division. Dedications 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 by 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 Department 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

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constructed in accordance w ith the City of Fresno, Public Works Department Standard Drawings and Speci fications. Traffic Control Plans shall be required to ensure the sidewalk, or an approved accessible path remains open during construction. Co ntact Melessa Avakian at (5 59) 621-8 812 or at Melessa.Avakian@f resno.gov and 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.

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 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-Street Parking Facilities and Geometrics:

Contact the P lanning and Development Department for review and appr oval 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.

Traffic Signal Mitigation Im pact (TSMI) Fee : This 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) Fees: 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.

FMSI Requirements:

THE FMSI REQUIREMENTS ARE REQUIR ED TO BE CONSTRUCTED PRIOR TO OCCUPANCY.

Chestnut Avenue: Arterial

1. Dedicate and construct the following within the limits o f this application.

Dedication shall be sufficient to accommodate additional pa ving and any other grading or transitions as necessary based on a 55 MPH design speed. a. South bound: Where missing, construct median curb to curb of street paving per Public Works Standard P -50 to accommodate (2) travel lanes and a 7’ bike lane.

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P21-06232 CHESTNUT 8715 N.doc

Regional Transportation Mitigation Fee (RTMF): Pay all appl icable RTMF 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 proo f of payment or exe mption prior to issuance of certificate of occupancy.

In order to obtain street or building permit approval from the Public Works Department, an approval stamp wit h a signature f rom 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]
in the Public Works Department, Traffic Planning
Section.

CITY OF FRESNO

DEVELOPMENT AND IMPACT FEE ESTIMATE
Proposed Development:

A.P.N.

Planned Land Use:

Current Zoning:

Proposed Zoning:

Site Area:

Living Units / LUE:

Entitlement:

Estimate Date:

WATER CONNECTION CHARGES
Service Area Quantity Units Fee Rate Amount Due Notes
Water Service & Meter Charge 4" 1 EA. $17,200.00 $17,200.00 [1] [6] Irrigation Service & Meter Charge 2" 1 EA. $2,671.00 $2,671.00 [1] [6] Time & Materials Charge 6" Fire 1 EA. $7,300.00 $7,300.00 [1] [6] Frontage Charge 152 L.F. $6.50 $988.00 [1] [6]
Water Capacity Fee 4" 1.00 EA. $35,518.00 $35,518.00 [1] [6] Water Capacity Fee 2" 1.00 EA. $14,206.00 $14,206.00 [1] [6] Total Water Connection Charges $77,883.00 [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 15,200 Sq.Ft. $0.10 $1,520.00 [6]
Oversized Sewer Charge UGM 15,200 Sq.Ft. $0.05 $760.00 [6] Trunk Sewer Capacity Enhancement Fee Herndon 32 Units $893.00 $28,576.00 [6] Wastewater Facilities Charge STEP [3] [3] [4] [7]
Trunk Sewer Charge Herndon STEP [3] [3] [5] [7]
Total Sewer Connection Charges $30,856.00 [3]

CITYWIDE/REGIONAL IMPACT FEES
Service Area Quantity Units Fee Rate Amount Due Notes
Citywide Fire Facilities Impact Fee Multi-Family 32 Units $1,743.00 $55,776.00 [7] Citywide Park Facility Impact Fee Multi-Family 32 Units $3,852.00 $123,264.00 [7] [9] Citywide Police Facilities Impact Fee Multi-Family 32 Units $723.00 $23,136.00 [7] Citywide Regional Street Charge Multi-Family 2.20 AC $17,054.00 $37,518.80 [6] New Growth Area Major Street Charge Multi-Family 2.20 AC $53,424.00 $117,532.80 [6] Citywide Traffic Signal Charge Multi-Family 32 Units $591.00 $18,912.00 [6] Total Citywide/Regional Impact Fees $376,139.60
Total Fees and Charges $484,878.60
P21-06232
September 19, 2022
403-532-28
RM-1/UGM (P22-01086)
+/- 2.20 acres
32 Living Units
RS-4/UGM
Apartment Complex - 8715 N. Chestnut 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.

Medium-Low Density Residential
See notes on page 2 Printed 9/19/2022 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: September 19, 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 (559-621-5153).
[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 9/19/2022 Page 2

DEPARTMENT OF PUBLIC WORKS

TO: Mindi Mariboho, Planning Services Coordinator
Planning & Development Department

FROM: Hilary Kimber, Parks Supervisor II
Public Works, Traffic Division

DATE: August 30, 2022

SUBJECT: P2 1-06232; 8715 N. Chestnut Ave.; (APN:403-532-28) located on the west side of N. Chestnut Ave. between E. Teague and E. Shepherd Avenues. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street rights-of-way, landscape easements, outlots and median islands:

GENERAL REQUIREMENTS

STREET TREE REQUIREMENTS

1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscaping easements as determined by the Planning Department. Street trees shall be planted at the minimum rate of one tree for each 40' of street frontage by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with AB 1881.

2. Street Tree Planting by Developer: Tree planting shall be within a 10' Public Planting and Utility Easement.

a. Street tree inspection fees shall be collected for each 40' of public street frontage or one tree per lot whichever is greater.

b. Street t rees shall be planted in accordance with the City of Fresno, Department of Public Works “Standard Specifications.”

c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services.

A street tree planting permit shall be required for all residential street tree planting.

d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city-controlled property is in conformance with the Specifications of the City of Fresno.

e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance.

f. Street trees are required on N. Chestnut Ave. There are approximately 150 linear feet of street frontage along N. Chestnut Ave. resulting in the requirement of f our (4) street trees.

g. The conceptual landscape plans submitted by Villa Di Ubaldo dated March 15, 2022 shows four (4) Cork Oak (Quercus suber) which meets the Public Works requirement for street trees.

Please submit all landscape and irrigation plans to: [email protected] for plan review to the scale of 1” =20’ prior to the installation of any landscaping within the right-of-way.

Plan Review Team
Land Management
[email protected]

Public
October 7, 2022

Re: P21-06232
8715 N Chestnut Ave

Dear City of Fresno,

Thank you for providing PG&E the opportunity to review the proposed plans for 8715 N Chestnut Ave dated 8/30/2022. Our review indicates the proposed improvements do not appear to directly interfere with existing PG&E facilities or impact our easement rights.

Please note this is our preliminary review and PG&E reserves the right for additional future review as needed. This letter shall not in any way alter, modify, or terminate any provision of any existing easement rights. If there are subsequent modifications made to the design, we ask that you resubmit the plans to the email address listed below.

If the project requires PG&E gas or electrical service in the future, please continue to work with PG&E’s Service Planning department:
https://www.pge.com/cco/.

As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.

If you have any questions regarding our response, please contact the PG&E Plan Review Team at [email protected].

Sincerely,

PG&E Plan Review Team
Land Management