Exhibit I
City of Fresno
Planning and Development Department
Conditions of Approval
February 21, 2024
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
Planner: Rob Holt (559) 621-8056
PROJECT DESCRIPTION
Plan Amendment and Rezone Application No. P19-05889 and related Development Permit Application No. P20-01559, filed by Justo Padron of SER -Jobs for Progress Inc . and pertains to approximately 4.83 acres located at the northwest corner of East Tulare Street and South Helm Avenue.
Plan Amendment Application No. P19-05889 proposes to amend the Fresno General Plan and Roosevelt Community Plan to change the planned land use designation for the subject property from Residential – Medium Low Density to Residential – Urban Neighborhood.
Rezone Application No. P19-05889 proposes to am end the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4 (Residential Single-Family, Medium Low Density) zone district to the RM-2 (Residential Mu lti-Family, Urban Neighborhood ) zone district in accordanc e with the Plan Amendment Application.
Development Permit Application No. P20-01559 requests to construct a multi-unit housing development comprised of 112 affordable housing units for seniors. The 112 units will be distributed among nine (9) two- story and ten (10) single-story residential buildings. Each unit will comprise of one (1) bedroom and one (1) bathroom. The development will also include an of fice/club house with community hall/banquet room, exercise room, and laundry facilities. Additional on and off-site improvements to be provided include: security fences and gates; tenant and guest parking; land scaping; drive approaches; and curbs, gutters, and sidewalks. In addition, the project will also include required dedications and vacations of easements and excess portions of city street rights-of-way.
APN: 462-042-25
ADDRESS: 5061 East Tulare Street
EXISTING/PREVIOUS ZONING: RS-4 (Residential Single-Family, Medium Low Density) PROPOSED/APPROVED (BY CITY COUNCIL) ZONING: RM-2 (Residential Multi-Family, Urban Neighborhood)
S
PART A - ITEMS TO BE COMPLETED
The following items are required prior to final approval and/or commencement of land use activity:
Planner to check when completed
Development shall take place in accordance with Exhibits A-1 through A-2 dated January 12, 2022, and Exhibits L-1 through L-2, F-1 through F-3, E-1 through E-5, O dated December 7, 2020. Revise and transfer all comments and conditions on Exhibits to the corrected exhibit(s) and upload to the related Compliance Record and submit to the planner at least 15 days prior to issuance of building permits.
The address(es) within the enclosed address plan have been tentatively assigned to your project.
These addresses will be formally entered into the official addressing system just prior to your
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
submittal of building plans. Please inform the staff planner when you are ready to submit building plans for your project and include confirmation that the tentative addresses are consistent with your building plans.
If your project changes and requires an updated address plan, please contact the staff planner. Materials used on building facades shall be non‐reflective. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. Units within the development shall be subject to a recorded affordability restriction for 55 years. The applicant shall either: 1) Revise the buildings closest to the western property line to be setback a minimum of 20 feet, or; 2) Submit an application and receive approval of a Minor Deviation with the Planning and Development Departmen t to allow for a two-foot (2’) reduction in the rear yard setback to allow for a minimum 18-foot setback.
Site Plan:
Provide EVCS per the California Green Building Stand ards code section 4.106.4 on Exhibits A-1 and A-2, as applicable.
Signs, other than directional signs, if applicable, are not approved for insta llation as part of this special permit.
All proposed signs shall be in accordance with Article 26 of the Development Code (FMC Chapter 15) and be submitted under a separate sign application. Note that the project’s development may require a Master Sign Program approval.
All parking stalls that propose a curb/wheel stop shall place the curb/wheel stop a minimum of three feet (3’) from the front of th e parking stall to allow for a 3 -foot overhang into the remainder of th e parking stall. The size of the parking stall shall comply with the City of Fresno Parking Manual. 50 percent of areas not landscaped shall be shaded, of light-colored materials wi th a Solar Reflectance Index (SRI) of at least 29, or a combination of shading and light-colored materials as follows:
1. Permitted Types of Shading: Shade may be provided by solar shade structures, trees, or other equivalent materials.
2. Shading Tree Standards: Trees provided to satisfy the requirements of this section shall meet the following standards:
a. Shading Tree Distribution: Trees provided to satisfy the requirements of this section shall be distributed relatively evenly throughout the parking area. b. Species: Trees provided to satisfy the requirements of this section shall be selected from a list maintained by the City and shall be of a species which can reasonably be expected to provide the required amount of shading within 15 years. c. Size: Trees provided to satisfy the requirements of this section shall be a minimum 15- gallon size with a one-inch diameter as measured 48 inches above natural grade.
Landscape Plan:
Landscaping and irrigation shall be i nstalled and maintained in accordance with provisions and standards of Article 23 of the Citywide Development Code. Pursuant to FMC Table 15-2305-C-1 and 15-2305-C-2, there shall be a Type 1 Landscape Buffer with a minimum width of 10 feet with two (2) large and two (2) small to medium trees, and six (6) large and eight (8) small to medium shrubs for every 100 linear feet along the northern and western property lines adjacent to properties with an RS zone district.
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
Depict all proposed and existing landscape locations, species and plant factor.
Plant schedule must be depicted with legend.
Provide Landscape Irrigation Plan.
Provide Hy drozones - plant materials shall be grouped in Hydrozones accordance with their respective water, cultural (soil, climate sun, and light), and maintenance needs. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two -foot clearance of low -growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of curb. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches (6”) wide and six inches (6”) high. Curbs separating landscaped areas from parking areas shall be designed to allow storm-water runoff to pass through. All landscaping and trees (existing and proposed) shall have free access for routine maintenance, including protected trees along the property lines that abut the adjoining property northeast of the subject property. As an option, gates can be installed as a component of the wrought iron fence to allow for maintenance access to this area.
Plant materials shall be g rouped in hydro zones accordance with their respective water, cultural (soil, climate sun, and light), and maintenance needs.
Landscaping must be in place before issuance prior to occupancy and/or final inspection. A Hold on Occupancy/Final Inspection shall be placed on the proposed improvements until such time that landscaping has been approved and verified for proper installation by the Planning Division.
(Include this note on Exhibits A-1 and L-1)
Prior to granting of occupancy/final in spection, a wr itten certification, signed by a l andscape 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 Exhibits A-1 and L-1)
Add applicable notes to the s ite plan from the attached “Notes and Requirements for Entitlement Applications” document.
PART B - OTHER AGENCY COMMENTS AND CONDITIONS
To be checked when completed where applicable
1. Air Pollution Control District:
Comply with comments and conditions contai ned in the memorandum from the San Joaqui n Valley Air Pollution Control District dated December 16, 2020. The memo has been uploaded into the project record in the documents tab and attached herein the Conditions of Approval. 2. Fresno Unified School District:
Comply with comments and conditions contained in the memorandum from the Fresno Unified School District ( FUSD) dated December 8 , 2 020. Payment of applicable impact fees required at time of permit. The senior housing units would be charged the commercial/industrial rate of developer fees, per Government Code section 65995.1:
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
“(S)enior citizen residential projects shall be charged the commercial/industrial fee and shall be subject to the limits and conditions of commercial development. Later conversion of a ‘senior citizen’ unit to a ‘non -senior citizen’ unit requires payment of the difference between the amount previously paid and the maximum residential fee in place at the time of conversion.
The District requires that senior citizen housing projects paying the lower rate include agreement with the District to pay the higher fee as described above, if any units are converted to ‘non-senior’ housing.
This agreement shall be recorded as a covenant running with the land.” 3. DPU (Sewer, Water, & Solid Waste):
Comply with r equirements and conditions pertaining to sewer, water , and solid waste services included in the memorandum from the Department of Public Utilities dated December 28, 2020. 4. Development And Impact Fee Estimate:
Development and impact fee estimate s for the projected are included in the m emorandum from the Public Works Department (Land Division & Engineering) dated December 28, 2020. 5. DPW - Traffic Planning:
Comply with requirements and conditions pertaining to Public Works – Traffic Planning included in the memorandum dated December 29, 2020 and redlined site plan dated January 27, 2022. 6. Fire Review:
All back checks are preformed 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 respon se to each item listed in the plan check correction comments document. If you have additional questions regarding back check submittals, please contact the Building Department.
If there are questions regarding FFD Development Policies, you may access them at:
https://www.fresno.gov/fire-training/manuals-and-forms/.
All revisions to plans shall be called out with a cloud or delta.
The following items were not addressed from the review performed 12/14/20. Provide the rating of the exterior walls can assist in completing and approving submittal. In addition, the measurements (distance from property lines, are not accurate as indicated in previous comments. Ensure the Code cycle is update to current code in response:
1. Note on plan and show: Provide note on site plan: Provide sign(s) (17 ”x22” minimum) at all public entrance drives to the property which state “Warning – Vehicles stopped, parked or left standing in fire lanes will be immediately removed at owner’s expense – 22658(a) California Vehicle Code – Fresno Police Department 621-7000.”
2. 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)
3. 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)
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
4. Note on plan: It is the responsibility of the owner, contractor, and sub-contractor to comply with the provisions of California Fire Code Chapter 33, Fire Safety During Construction and Demolition and NFPA 241, Standard for Safeguarding Construction, Al teration, and Demolition Operations.
Compliance with the provisions of CFC Chapter 33 and NFPA 241 are the minimum requirements for any construction, alteration or de molition operations occurring within the City of Fresno or FFD contract service areas. The private fire hydrants and all weather access roads for fire apparatus access roads shall be provided before delivery of combustible material to the site.
5. 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).
6. 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.
7. The measurements showing the setback distances between each building are taken from the furthest points of the wall. There are p ortions of these buildings that are closer than 20 feet to each other and do not meet the setback requirements as set forth in 2022 CBC Table 601. Show the imaginary assumed line between buildings as described in 2019 CBC Section 705.3 (2022 CBC, Section 705.5) and show compliance with setback requirements or wall ratings as described in 2022 CBC Table 601 for all portions of the building that do not meet setback requirements.
8. There are buildings that do not meet setback requirements to the property li ne as measured from the closest point of the building to the property line. Show measurements to property lines as measured from the closest point of the building to the property line and show compliance with setback requirements or wall ratings as described in 2019 CBC Table 602.
9. The setback measurement from the Clubhouse to the property is incorrect. The measurement provided is 15' 6" and the actual measurement is less than 10 feet. Correct the measurement and show compliance with setback or rating requirements as described in 2019 CBC Table 602 (2022 CBC, Table 601).
9. Flood Metropolitan Flood Control District (FMFCD):
Comply with comments and conditions contai ned in the memorandum s from the FMFCD dated December 29, 2020 and December 30, 2020.
$192 NOR Review Fee, $977 Grading Plan Review, and $27,270 Drainage Fee shall be paid for this project.
10. Fresno County Environmental Health:
Recommended Conditions of Approval:
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
• Construction permits for the 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.
• Construction permits for 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.
• The proposed construction project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to the 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 t o the HSC, Division 20, Chapter 6.95 (http://cers.calepa.ca.gov/). Contact the Fresno County Hazm at Compliance Program at (559) 600-3271 for more information.
• 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 Co unty 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.
The following comments pertain to the demolition of any existing structure(s):
• Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structures in order to prevent the spread of vectors to adjacent properties.
• In the process of demolishing the existing s tructures, the contractor may encounter asbe stos 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.
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
• If the structures were constructed prior to 1979 or if lead -based paint is suspected to have been used in the structures, then prior to demolition work the contractor should contact the following agencies for current regulations and requirements:
o California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (510) 620-5600.
o United States Environmental Protection Agency, Region 9, at (415) 947-8000. o State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL- OSHA) at (559) 454-5302. 11. Flood Irrigation District:
Refer to comments and recommendations included in the attached FID memorandum dated December 28, 2020.
12. Police Department:
Please con sider combating crimes through th e implementation of Crime Preven tion through Environmental Design (CPTED) concept. Examples: Sufficient lighting helps deter crime and allows officers to properly evaluate the area of any potential criminal activities. Surveillance cameras should be installed at all entry/exit points, points of sales locations, locations where groups of people would congregate and parking lots. Surveillance systems should be digital HD format; hold a minimum of fourteen days (14) of recordings has the ability to play back and is downloadable. 13. Building and Safety:
The following items require a separate process with additional fees and timelines, in addition to the Development Permit Application process.
1. Demolition permit is required for all structures being removed from the existing site.
2. Building, Grading and Utility plans are required to be submitted to Building and Safety Services Division for approval and permits for the proposed project.
• All construction documents ar e required to be designed, stamped and signe d by a licensed Architect/Engineer.
• Clarify on the cover sheet if this will be privately funded or publicly funded project.
i. Privately funded Multi -family Residential projects need to meet all requirements o f CBC chapter 11A.
ii. Publicly funded Multi -family Residential p rojects need to meet a ll requirements of CBC chapter 11B.
• Verify drainage facilities are provided by Fresno Metropolitan Flood Control District (FMFCD).
Contact Jason Clark at (559) 456-3292 for additional information.
Contact Christian Mendez in Building & Safety Division at 621 -8088 or [email protected].
14. Airports:
Airspace Protection
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
> Airspace review required for any objects (temporary or permanent) over 100 feet tall. 15. Fresno Area Express:
There is a FAX Route 22 bus stop located at this project location. FAX requires a minimum 10' width of sidewalk from Helm, extending 60' west. There should be no green space between the curb and the sidewalk. As this is a senior housing development, FAX proposes the installation of transit amenities, which requires 8" thick concrete at the shelter location. FAX Capital Division can provide the specifications once the location is determined.
PART C - PLANNING DEVELOPMENT CODE STANDARDS
1. Density and Intensity Standards: Development shall take place in accordance with Section 15-1003 of the FMC.
2. Site Design: Development shall take place in accordance with Section 15-1004 of the FMC.
3. Façade Design: Development shall take place in accordance with Section 15-1005 of the FMC.
4. Parking and Loading
A. Long-term Bi cycle p arking shall be provid ed when required by t he Calif ornia Green Building Standards Code, as may be amended.
5. Landscaping
A. Landscaping must b e in place b efore issuance of t he certificat e of oc cupancy. A Ho ld on Occupancy shall be placed on the proposed development until such time that landscaping has been approved an d verified for proper installation by the D evelopment Services Division. (Include this note on the site and landscape plans.)
B. New landscaping shall have an automatic irrigation system designed t o provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Gr een B uilding Standards Code a nd/or the Cali fornia M odel Water Ef ficient Landscape Ordinance and/or the California Plumbing Code as may be amended.
C. Additional landscaping requirements including landscape plan requirements, landscape design standards, and general landscaping standards can be foun d in Chapter 15 , Article 23 of the Fresno Municipal Code.
6. Fencing: All Fencing, Walls, and Hedges shall be provided and installed per Section 15-2006 of the FMC.
7. Special Use Requirements: This section is not applicable.
PART D - PLANNING - OTHER REQUIREMENTS
1. Development shall take place in accordance with the policies of the Fresno General Plan, Roosevelt Community Plan and with the Urban Neighborhood Residential planned land use designation.
2. Development sha ll take plac e in acc ordance with the RM-2 (Residential Multi -Family, Urban Neighborhood) zone district and all other applicable sections of the FMC.
3. Comply with the operational statement submitted for the proposed project dated December 7, 2020.
4. Comply with all appl icable mitigation measures detailed in the attached Project Specific Mitigation Monitoring Checklist contained in the environmental assessment adopted for the project.
5. Property development standards and operational conditions are contained in Articles 10 (Residential Multi Family Districts), 20 (General Site Requirements), 23 (Land scape), 24 (P arking and Loading) and 25 (Performance Standards). Any project revisions, development and operation must comply with these property development standards and operational conditions.
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
6. Development shall comply with the City of Fresno Parking Manual, Cali fornia Building Code, and American Disabilities Act requirements.
7. Development s hall take place in accordance with th e “General Notes and Requirements for Entitlement Applications” listed below if applicable.
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 p ermit may become null an d void i n t he 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 c onditions imposed, based upon the Operation Statement provided by the applicant. The Operation S tatement is material to the issuance of this special permit. Unless the condi tions of approval specifically require operation inconsis tent with the Operation Statement, a new or revis ed special permit is required if the operation of this establishment changes or becomes inconsistent with the Ope ration Statement. Failure to operate in ac cordance with the conditions and requirements imposed may result in revocat ion of t he special permit or any other enforcement remedy available under the law. The Planning and Development Department shall not as sume 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 pursua nt 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 a uthorized representative, architect, engineer, or designer to disclo se and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
a) All existing and proposed improvements including but not limited to buildings and structures, signs and their use s, trees, walls, driveways, outdoor storage, and op en land use areas on the subject property and all of the preceding wh ich are located on adjoining p roperty 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 differe ntials between the subje ct prope rty 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 acc ordance with the provisions of this Code. Specific uses of land, buildings, and structures listed as prohibited in any zoni ng district are hereby declared to be detrimental to the public health, safety, and welfare.
4. Development shall take place in accordance with the Standards, Spe cifications, and Standard Drawings of the City of Fresno Public Works Department.
5. Development shall ta ke pla ce in accordance with all city, county, state and f ederal 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 r enting ou t four or m ore dw elling units) are required by the Fresno Municipal C ode to obtain a Business Tax Certificate. Contact the Ci ty of Fresno Finance Dep artment’s B usiness Tax Di vision at (559 ) 62 1-6880 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.
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
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 Municip al Code shall automatically expire if it is not exercised or extended w ithin t hree years of its issuance. Refer to section 15 -5013, Expiratio n of Planning Entitlements, for more information about the exercise of rights.
FENCES/WALLS, LANDSCAPING, PARKING
10. Nothing in t he Develop ment C ode shall be d eemed to prohibit th e erection of temp orary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code.
11. Future fences shall be reviewed and approved by the Planning and Development Department prior to installation.
12. Fences, hedges, and walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maxim um 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 insure continued compliance with ap plicable landscaping requirements. Yards sh all 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 Wa ter Efficient Landscape O rdinance 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 disease. Any tree sh owing 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 rem oval in conjunction with a development application shall not be removed before th e 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 Removal Permit if any of the following general criteria is met:
a) T he tree(s) is irre parably d iseased or presents a danger of falling tha t can not 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 cann ot be control led or remedied through reasonab le relocation or m odification of the structure or u tility 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 sev erely 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 p reserve the tree(s).
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
18. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Current Planning Division. (Include this note on the landscape plan.)
19. Future tenant improvements shall be reviewed and approv ed by the Planning and D evelopment 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. A minimum number of accessible parking stalls are requ ired for the proposed pr oject per State of California Building Code.
23. All accessible stalls shall be marked with t he i nternational sy mbol of sp aces and a warni ng that vehicles i n violation of Sec tion 10-1017 of the Fresno Municipal Code shall be t owed away. The international symbol a nd tow-away warn ing sh all be p osted conspicuously on seven -foot poles. (Include this note on the site plan.)
24. Applicants ar e encouraged to prov ide shared vehicle and p edestrian access between adjacent properties for co nvenience, safety, and e fficient circulation. A j oint a ccess co venant 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 supp lied 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 widt h and eight feet in length and shall be accessible without moving another bicycle. At least 30 inc hes of clearance shall be provid ed between bicycle parking spaces an d adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces to allow for the maneuvering of bi kes. 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 are proposed. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures.
27. All general provisions of Section 15-2403 of the Fresno Municipal Code shall apply to all parking areas.
28. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Works Standards (P- 21, P-22, and P-23) and Specifications. Parking must also comply with the California Building Code’s accessibility requirements a nd the Fire and So lid Wa ste Department’s minimum turning templates. Contact the Planning and Development Department for Parking Manual questions.
SIGNAGE
29. All future signs shall be ar chitecturally 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 si gns shall conform to th e current sign ordin ance. The submittal checklist for sig ns is available online at: Click Here
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
32. Window signs limited to the h ours of opera tion, address, occupancy, and em ergency information, subject to the following standards:
a) Operational windows si gns shall not be mounted or place d on wind ows 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, an d infl atables ( including air dancers, balloons, and simil ar objects) are allowed subject t o Temporary Use Permit approval fo r 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 p eriod of 30 must lapse b efore 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, in cluding 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 g round and is discernible without the aid of instruments by a reasonable per son at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leav e th e subject parcel (e .g., c onstruction equipment, trains, trucks, etc.) are exempt from this standard.
37. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse 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 street l ights and s tadium lights, no light, combination of lights, or activity shall cas t li ght onto a residentially zoned property, or any property co ntaining residenti al use s, 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 Departm ent for 'Official Addre sses’. Only those a ddresses assigned by the City of Fresn o 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 Cit y of Fresno has th e authority to cha rge 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 Disc harge Control Or dinance, 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 stormwat er discharge permit for c onstruction, with a Notice of Intent (NOI) filed prior to commencement of any grading construction activity. Contact the Fresno office of the California Regional Water Quality Control Board at (559) 445-6281 regarding the required
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
NOI and stormwater discharge permit. Additional information 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 spec ified n onresidential a ctivities (certain commerc ial and industrial activities), an o ngoing industrial stormwater discharge permit is als o required. Contact the Fres no office of the California Regional Water Quality Control Board at (559) 445 -6281 to find out whether your project/business requires an industrial stormwate r discharge permit , an d to obtain details on securing this permit. Additional information on industrial stormwater regulations may be obtained from the following website:
www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml,
The Californ ia Stormwater Quality Association has a dditional 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 mech anical equipment on site plan and elevations.
42. If archaeolo gical and/or animal fossil ma terial is encoun tered during proje ct surveying, grad ing, 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 J oaquin 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 l ist of recogn ized p aleontologists. An assess ment shall be cond ucted b y 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 re quired unless approved measures are included in th e project conditions of approval for an alternative water supply.
46. Connection to a municipal Ci ty of Fre sno sewer system is re quired unless approved measures are included in the project conditions for alternative wastewater treatment facilities.
47. City of Fresno wate r an d sew er con nection charge obligations applicable to t his project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been approved to defer such payments to a later date. For information relating to w ater and sewer service r equirements and connect ion char ges, 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 re quired 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
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
safety re quirements for the building interior and it s int ended use are reviewed b y both th e Fire Department and the Building and Safety Section of the Planning and Development when a submittal for b uilding plan review is made as required by the California Building Code b y 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 storages areas shall be screened from public view by building façades or solid fences. At the discretion o f the Review Authority, the t reatment of the ground surface of the o pen storage area may be gravel or other materials as pr escribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control Dis trict. Al l open storage must be depicted on the site plan and desc ribed 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 conditi onal approval of the development or within 90 days after the date of imposition of fees, dedications, reservation, or exact ions imposed on the dev elopment project. This notice does not apply t o those fee s, d edications, reservations, or exactions which were pre viously impos ed and duly noticed; or, where no notice w as previ ously 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 Munici pal 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 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 ST REET IMPACT FEES (Fresno Municipal Code Section 12-4.1006).
a) Street Impact Fees shall be due and payable at t he t ime of buildi ng per mit issuance unless otherwise required by State law.
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)
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
Pay the RTMF fee to t he 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 FMFC D Development Fee is required for review of propose d 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 t he site of a new p roject 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 pe rmit 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 pa yable at the fee rat e listed in the Mast er 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
Effective January 9, 1999 , Or dinance No. 98 -97 also amended certain sewer co nnection 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 t he 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 t ime payment is due. New water connection charg es 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, Pa rks, 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)
Conditions of Approval
Plan Amendment and Rezone Application No. P19-05889 and Development Permit Application No. P20-01559
February 21, 2024
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 be fore comm encing excavation operatio ns within the street r ight-of-way and/or utility easements, all existing under-ground facilities shall have been located by underground services.
66. The performance of any work within the public street right-of-way requires a street work permit prior to commencement of work. All required street improvements must be completed and accepted by the City prior to occupancy.
67. Contact the Public Works Department, Traffic Engineering at (559) 621-8800, 10 working days prior to any offsite concrete construction.
68. For Standard Drawings Click Here
69. For Traffic Planning’s website with useful links, additio nal notes, sample of legend, Parking Manual and Traffic Study Checklist Click Here.
70. Traffic Planning Checklist Click Here.
71. For Traffic Study questions pleas e contact Jill Gormley at (559) 621 -8792 or via e mail at [email protected].