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Exhibit J - Department-Agency Comments

Fresno City Council
March 7, 2024

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Exhibit J - Department-Agency Comments
Meeting
March 7, 2024
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Fresno City Council
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Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

Exhibit J

December 16, 2020

Kao Vang
City of Fresno
Planning & Development Dept.
2600 Fresno Street, Third floor
Fresno, CA 93721

Project: Planning Application P20-01559 for Azorro Senior Housing Complex

District CEQA Reference No: 20201028

Dear Ms. Vang:

The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above from the City of Fresno (City). The project consists of a planned housing development of 112 units (Project). The 6.23 acre Project site is located at 5061 East Tulare Avenue in Fresno, CA (APN 462-042-25).

Project Scope

The Project consists of a 112 unit senior housing complex with a 3,051 square foot clubhouse. Operational hours will be between 8 AM – 5 PM. A resident manager will be onsite 24 hours.

Based on information provided to the District, Project specific annual emissions from construction and operation emissions of criteria p ollutants are not expected to exceed any of the following District significance thresholds: 100 tons per year of carbon monoxide (CO), 10 tons per year of oxides of nitrogen (NOx), 10 tons per year of reactive organic gases (ROG), 27 tons per year of oxides of sulfur (SOx), 15 tons per year of particulate matter of 10 microns or less in size (PM10), or 15 tons per year of particulate matter of

2.5 microns or less in size (PM2.5).

Other potential significant air quality impacts related to Toxic Air Contam inants (see information below under Health Risk Assessment), Ambient Air Quality Standards, Hazards and Odors, may require assessments and mitigation. More information can be found in the District’s Guidance for Assessing and Mitigating Air Quality Impacts at:
https://www.valleyair.org/transportation/GAMAQI_12-26-19.pdf

San Joaquin Valley Air Pollution Control District Page 2 District Reference No. 20201028
December 16,, 2020

The District offers the following comments:

1) Project Related Criteria Pollutant Emissions

1a) Construction Emissions:

Although the construction -related emissions are expected to have a less than significant impact, the District suggests that the City advise project proponents with construction-related exhaust emissions and activities resulting in less than significant impact on air quality to utilize the cleanest reasonably available off-road construction fleets and practices (i.e. eliminating unneces sary idling) to further reduce impacts from construction-related exhaust emissions and activities.

1b) Health Risk Screening/Assessment

Located directly east of the Project, is a middle school and residents are located south, west and north of the Project. The Health Risk Assessment should evaluate the risk associated with sensitive receptors in the area and mitigate any potentially significant risk to help limit emission exposure to sensitive receptors.

A Health Risk Screening/Assessment identifies potenti al Toxic Air Contaminants (TAC’s) impact on surrounding sensitive receptors such as hospitals, daycare centers, schools, work-sites, and residences. TAC’s are air pollutants identified by the Office of Environmental Health Hazard Assessment/California A ir Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.

A common source of TACs can be attributed to diesel exhaust emitted from both mobile and stationary sources. List of TAC’s identified by OEHHA/CARB can be found at:
https://ww2.arb.ca.gov/resources/documents/carb-identified-toxic-air- contaminants

The District recommends the development project (s) be evaluated for potential health impacts to surrounding receptors (on -site and off -site) resulting from operational and multi-year construction TAC emissions.

i) The District recommends conducting a screening analysis that includes all sources of emissions. A screening analysis is used to identify projects which may have a significant health impact. A prioritization, using the latest approved California Air Pollution Control Officer’s Association (CAPCOA) methodology, is the recommended screening method . A prioritization score of 10 or greater is considered to be significant and a refined Health Risk Assessment (HRA) should be performed.

San Joaquin Valley Air Pollution Control District Page 3 District Reference No. 20201028
December 16,, 2020

For your convenience, the District’s prioritization calculator can be found at:
http:www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/P RIORITIZATION%20RMR%202016.XLS.

ii) The District recommends a refined HRA for development projects that result in a prioritization score of 10 or greater. Prior to performing an HRA, it is recommended that development project applicants contact the District to review the proposed modeling protocol. A development project would be considered to have a significant health risk if the HRA demonstrates that the project related health impacts would exceed the Districts significance threshold of 20 in a million for carcinogenic risk and 1.0 for the Acute and Chronic Hazard Indices, and would trigger all feasible mitigation measures. The District recommends that development projects which result in a significant health risk not be approved.

For HRA submittals, please provide the following information electronically to the District for review:

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

More information on toxic emission factors, prioritizations and HRAs can be obtained by:

 E-Mailing inquiries to: [email protected]; or
 Contacting the District by phone for assistance at (559) 230-6000; or  Visiting the Districts website (Modeling Guidance) at:
http://www.valleyair.org/busind/pto/Tox_Resources/AirQualityMonitoring.htm.

1c) Ambient Air Quality Analysis

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

If an AAQA is performed, the analysis should include emissions from both project specific permitted and non -permitted equipment and activities. The District San Joaquin Valley Air Pollution Control District Page 4 District Reference No. 20201028
December 16,, 2020

recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.

Specific information for assessing significance, including screening tools and modeling guidance is available online at the District’s website www.valleyair.org/ceqa.

2) District Rules and Regulation

The District issues permits for many types of air pollution sources and regulates some activities not requiring permits. A project subject to District rules and regulation would reduce its impacts on air quality through compliance with regulatory requirements. In general, a regulation is a collection of rules, each of which deals with a specific topic.

Here are a couple of example, Regulation II (Permits) deals with permitting emission sources and includes rules such as District permit requirements (Rule 2010), and New and Modified Stationary Source Review (Rule 2201).

2a) District Rule 9510 (Indirect Source Review)

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

The proposed Project is subject to District Rule 9510 because it will receive a project-level approval from a public agency and will equal or exceed 50 residential units. The District has already received the ISR application for the project and it is identified as ISR project # 20200250.

2b) District Regulation VIII (Fugitive PM10 Prohibitions)

The Project will be subject to Regulation VIII. The project proponent is required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to construction. Information on how to comply with Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/PM10/compliance_PM10.htm.

San Joaquin Valley Air Pollution Control District Page 5 District Reference No. 20201028
December 16,, 2020

2c) Other District Rules and Regulations

The Project may also be subject to the following District rules: Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants).

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

3) Potential Air Quality Improvement Measures

The District encourages the following air quality improvement measures to further reduce Project related emissions from construction and operation. A complete list of potential air quality improvement measures can be found online at:
http://www.valleyair.org/ceqaconnected/aqimeasures.aspx.

a. Improve Walkability Design – This measure is to improve design elements to enhance walkability and connectivity. Improved street network character istics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of four -way intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian- oriented environments from auto-oriented environments.

b. Improve Destination Accessibility – This measure is to locate the project in an area with high accessibility to destinations. Destination accessibility is measured in terms of the number of jobs or other attractions reachable within a given travel time, which tends to be highest at central locations and lowest at peripheral ones. The location of the project also increases the potential for pedestrians to walk and bike to these destinations and therefore reduces the (vehicle miles traveled) VMT.

c. Increase Transit Accessibility – This measure is to locate the project with high density near transit which will facilitate the use of transit by people traveling to or from the Project site. The use of transit results in a mode shift and therefore reduced VMT. A project with a residential/commercial center designed around San Joaquin Valley Air Pollution Control District Page 6 District Reference No. 20201028
December 16,, 2020

a rail or bus station, is called a transit-oriented development (TOD). The project description should include, at a minimum, the following design features:

 A transit station/stop with high -quality, high -frequency bus service located within a 5-10 minute walk (or roughly ¼ mile from stop to edge of development), and/or
 A rail station located within a 20 minute walk (or roughly ½ mile from station to edge of development)
 Fast, frequent, and reliable transit service connecting to a high percentage of regional destinations
 Neighborhood designed for walking and cycling

4) 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 Georgia Stewart by e-mail at [email protected] or by phone at (559) 230-5937.

Sincerely,

For Arnaud Marjollet
Director of Permit Services

AM: gs

2309 Tulare Street Fresno, CA 93721-2287 www.fresnounified.org

Facilities Management & Planning

December 8, 2020

Kao Vang
City of Fresno
Development and Resource Management
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604

SUBJECT: PLANNING APPLICATION P20-01559
120-UNIT SENIOR HOUSING DEVELOPMENT
5061 E. TULARE ST.

Dear Ms. Vang,

In response to your request for review and comment on the above planning application for the proposed construction of ‘Azzaro Senior Housing Village,’ a 120-unit housing project for senior citizens, Fresno Unified School District submits the following:

Any urban residential development occurring as a result of project approval will have an impact on the District’s student housing capacity. The District, through local funding, is in a position to partiall y mitigate its shortag e of classrooms to accommodate planned population growth for the foreseeable future. However, the District recognizes that the legislature, as a matter of law, has deemed, under Gove rnment Code Section 65996, that all school facilities impacts are mitigated as a consequence of SB 50’s Level 1, 2 and 3 developer fee legislative provisions.

Any new development on the subject proper ty is subject to development fees of $0.66 per square foot for senior housing development. Any new development on the property will be subject to the developm ent fee prior to issuance of a building permit.

The senior housing units would be charged the commercial/indus trial rate of developer fees, per Government Code section 65995.1:

“(S)enior citizen residential projects shall be charged the co mmercial/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 proj ects 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.”

Thank you for the opportunity to comment. If you have any questions or require additional information regarding our comments and concerns, please contact our office at (559) 457-3066.

Sincerely,

Alex Belanger, Assistant Superintendent
Facilities Management and Planning

AB:hl

BOARD OF EDUCATION
Keshia Thomas, President
Valerie F. Davis, Clerk
Claudia Cazares
Genoveva Islas
Elizabeth Jonasson Rosas
Carol Mills, J.D.

Major Terry Slatic USMC (Retired)

SUPERINTENDENT
Robert G. Nelson, Ed.D.

Preparin g Career Read y Graduates
DWC

DEPARTMENT OF PUBLIC UTILITIES

MEMORANDUM

DATE: December 28, 2020

TO: MINDI MARIBOHO – Development Services Coordinator
Planning & Development Dept/Current Planning

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

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

SUBJECT: DPU CONDITIONS OF APPROVAL P20 -01559 AZORRO SENIOR

HOUSING

Water Requirements

City of Fresno Water Division approves of the proposed project, subject to the following water conditions listed below:

1. On-site water facilities shall be private.

2. Installation of water service & meter box shall be required.

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

4. The water supply requirements for this project are as follows:

5. The project applicant shall be required to pay Water Capacity Fee charges for the installation of new water services and meters to serve the property. a. The Water Capacity Fee charge assessed to the applicant shall be based on the number and size of service connections and water meters required to serve the property.
b. The Water Capacity Fee charges by meter size are defined in the City’s Master Fee Schedule.
c. The City reserves the right to require an applicant to increase or decrease the size of a water meter for a project or a property to ensure that the meter is properly sized to accommodate fire protection requirements, and

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Dept/Current Planning
December 28, 2020
DPU CONDITIONS OF APPROVAL FOR P20-01559 AZORRO SENIOR HOUSING

Page 2 of 4 ends

to allow for accurate volumetric flow measurements at low- and high-flow conditions.
d. The Water Capacity Fee Charge for any new or expanded service connection shall be payable prior to the issuance of a building permit at the fee level in effect on the date such permit is issued.

6. 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 an 8-inch sewer main located in East Tulare Street and a 12-inch sewer main located in North Helm 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.

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.

3. Sewer Facility Charge (Multi-Residential)

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

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Dept/Current Planning
December 28, 2020
DPU CONDITIONS OF APPROVAL FOR P20-01559 AZORRO SENIOR HOUSING

Page 3 of 4 ends

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

Solidwaste 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. 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.

2. 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.

3. 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.

4. 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.

5. 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.)

6. 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.

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Dept/Current Planning
December 28, 2020
DPU CONDITIONS OF APPROVAL FOR P20-01559 AZORRO SENIOR HOUSING

Page 4 of 4 ends

7. 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.

8. ADA requirement for multifamily residential

9. 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.

CITY OF FRESNO

DEVELOPMENT AND IMPACT FEE ESTIMATE
See notes on page 2 Prepared by Frank 12/28/2020
Printed 12/28/2020 Page 1
Proposed Development:

A.P.N.

Planned Land Use:

Current 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 6" 1 EA. $20,500.00 $20,500.00 [1] [6] Irrigation Water Service & Meter Charge 2" 1 EA. $2,671.00 $2,671.00 [1] [6] Time & Materials Charge 8" Fire 1 EA. $8,300.00 $8,300.00 [1] [6] Frontage Charge 870 L.F. $6.50 previously satisfied
Water Capacity Fee 6" 0.50 EA. $58,215.00 $29,107.50 [1] [6] Water Capacity Fee (Landscape) 2" 0.50 EA. $11,642.00 $5,821.00 [1] [6] Total Water Connection Charges $66,399.50 [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 53,400 Sq.Ft. $0.10 previously satisfied Oversized Sewer Charge 92,000 Sq.Ft. $0.05 previously satisfied Wastewater Facilities Charge STEP [3] [3] [4] [7]
Total Sewer Connection Charges $0.00 [3]

CITYWIDE/REGIONAL IMPACT FEES
Service Area Quantity Units Fee Rate Amount Due Notes
Citywide Fire Facilities Impact Fee MFR 120 Units $1,485.00 $178,200.00 [7] Citywide Park Facility Impact Fee MFR 120 Units $3,157.00 $378,840.00 [7] [9] Citywide Police Facilities Impact Fee MFR 120 Units $484.00 $58,080.00 [7] Citywide Regional Street Charge SFR 6.31 AC $8,355.00 $52,720.05 [6] New Growth Area Major Street Charge SFR 6.31 AC $22,998.00 n/a Citywide Traffic Signal Charge MFR 120 Units $364.00 $43,680.00 [6] Total Citywide/Regional Impact Fees $711,520.05
Total Fees and Charges $777,919.55
Azorro Senior Housing - 5061 E. Tulare Street
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
December 28, 2020
462-042-25
+/- 6.31 acres
112 Living Units
RS-4
P20-01559

CITY OF FRESNO

DEVELOPMENT AND IMPACT FEE ESTIMATE
See notes on page 2 Prepared by Frank 12/28/2020
Printed 12/28/2020 Page 2
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: December 28, 2020 621-8797 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.
[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 Building Permit. [1] Fees for Water Service Connections and/or Meters, and the Water Capacity Fee due at time of development. Charges based on service sizes to be determined by the Developer.
● On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008-023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. For further information regarding the Fresno County Facilities Impact Fees, please contact Fresno County Department of Public Works & Planning at (559) 600-4078. ● 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. ● 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

Page 1 of 6 ends

12/29/2020
P20-01559 TULARE 5061 E.doc

SUBJECT: Conditions of Approval for P20-01559

DATE: December 29, 2020

TO: Phillip Siegrist, Planner III
Planning and Development Department

FROM: Leonor Ayala, Engineer II
Public Works Departmen t, Traffic Planning Section

ADDRESS: 5061 East Tulare Street

APN: 462-042-25

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 permits . 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.

Jeff Beck
Public Works Department
(559) 621-8560
[email protected]
Bus shelter may be required,
Coordinate all condit ions of approval
between Public Works and FAX.

Jeff Long
FAX
(559) 621-1436
[email protected]

Page 2 of 6 ends

12/29/2020
P20-01559 TULARE 5061 E.doc

ATTENTION:

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

A. GENERAL REQUIREMENTS
 1. Property Lines: Identify, revise and dimension existing and proposed property lines.
 2. Easements: Identify, revise and dimension easements (street, PE, BPLE, FID)  3. Scope of work: Identify all items as existing, proposed, to remain, to be removed or future.
 4. Required Notes: Revise General Notes to include the required Public Works Department notes.
 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.
 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.
 All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb, gutter and sidewalk to match existing adjacent street improvements. This works shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per FMC 13-211.
 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.
 Submit street construction plans to the Public Works Department.  Submit street lighting plans to the Public Works Department.  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.
 Contact the Public Works Department, Traffic Engineering at 559-621-8800, 10 working days prior to any offsite concrete construction.  All existing sidewalks in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works.
 All development shall take place in accordance with all city, county, laws and regulations.

B. OFFSITE INFORMATION :
 1. Center Line: Properly provide right-of-way dimension.  2. Dedications: Identify and dimension (from the centerline) pedestrian dedications.

Page 3 of 6 ends

12/29/2020
P20-01559 TULARE 5061 E.doc

 3. Public Street Improvements: Identify and dimension existing and proposed public street improvements. Provide the appropriate City of Fresno Public Works Standard drawing numbers.
 a. Street pavement:
 b. Concrete curb, gutter and sidewalk:
 c. Drive approaches:
 d. Bus shelter: Identify proposed improvements and coordinate with FAX comments.
 e. Street lights:
 f. Street tree wells:
 g. Undergrounding of overhead utilities:
 4. 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. Buildings: Identify and label all buildings as proposed (P) and provide square footage.
 2. Gates: Multi-Family (112 units): Multiple gates are provided, a total of 100’ of stacking can be split between the additional gates. If not existing, 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 of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted.

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

Repair all damaged and/or off gr ade off-site concrete street improvements or paved public pedestrian walkway (street, curb, gutter, curb ramps, sidewalk) as determined by the City of Fresno Public Wo rks Department, Construction Management Division, (559) 621-5600. Pedestrian paths of travel must also meet current accessibility regulations.

All existing sidewalks and trails in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works.

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

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

Tulare Street: Collector
(Provide the following as notes on the site plan.)

1. Dedication Requirements:
a. Where not existing, dedicate 44’ of property, from center line, for public street purposes, within the limits of this app lication, per Publ ic Works Standard P-54 (modified). Center line shall be established per County Precise Plan No. 4-a1 b. Dedicate a corner cut for public street purposes at the intersection of Tulare and Helm.

2. Construction Requirements:
a. Remove existing driveway approaches not identified for utilization as noted on Exhibit “A-1”, and install sidewalk, curb, gutter and paving per City of Fresno Public Works Standard Drawings P-5 and P-48 to match existing or proposed street improvement line and grade per Fresno Municipal Code (FMC) 13-211. b. Construct a 6’ concrete sidewalk to Public Works Standard P-5. The curb shall be 12’ (5.5’-6.0’-0.5’ residential pattern) from the new right of way. Planting of street trees shall conform to the minimum spacing gui delines as stated in the Standard Specification, Section 26-2.11(C).
c. Construct an underground street lightin g system to Public Works Standard E-1 within the limits of this app lication. Spacing and design shall conform to Public Works Standard E-8 for Collectors. Street lights installed on major streets shall be fed from a service pedestal with a ma ster photo control as detailed in Section 3-3.17 of the City Specifications and Standard Drawings E-15, E-18 or as approved by the City Engineer.
d. Modify or replace the existing ramp to meet current Public Works Standards P-25, P-28, and P-32, based on a 20’ minimum to a 25’ maximum radius, as determined by the Construction Management engineer PRIOR to occupancy. e. Comply with City and County requirements.

Helm Avenue: Local Collector
(Provide the following as notes on the site plan.)

1. Construction Requirements:
a. Construct 18’ of permanent paving per Public Works Standard P-50, within the limits of this application and transition paving as necessary. b. Construct commercial driveway a pproaches to Public Works Standards P-3 and P-6, as approved on the site plan.
c. Construct concrete curb, gutter and a 4’ sidewalk to Public Works Standard P-5. The curb shall be constructed to a 12’ (7.5’-4.0’-0.5’) residential pattern.

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Planting of street trees s hall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). d. Construct an underground street lightin g system to Public Works Standard E-2 within the limits of this app lication. Spacing and design shall conform to Public Works Standard E-9 for Locals.
e. Provide a 12’ visibility triangle at all drivew ays, per Fresno Municipal Code (FMC) 15-2018B.

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

Contact Francisco Magos at (559) 621-8679 or at [email protected] and submit 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 tr ansitions as necessary based on a 45 MPH design speed for Collectors and 55 MPH for Arterials. Utility poles, street lights, signals, etc. shall be relocated as determined by the City Engineer. The performance of any work within the public right of way and/or eas ements (including street, bike , pedestrian, landscape, and utility easements) requires 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 pub lic right-of-way and/or easements. All improvements shall be construc ted in accordance with the Cit y of Fresno, Public Works Department Standard Drawings and Specifications. Traffic Control Plans shall be required to ensure the sidewalk or an approved accessi ble path remains open during construction.

Contact Harmanjit Dhaliwal at (559) 621-8694 or at [email protected] and submit Traffic Control Plans to the Traffic Operations and Planning Division. All work shall be reviewed, approved, co mpleted, and accepted prior to obtaining a certificate of occupancy.

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

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.

PRIVATE IMPROVEMENT REQUIREMENTS

Off-Street Parking Facilities and Geometrics:

Contact the Planning and Development Departm ent for review and approval of onsite parking. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Works Standards (P-21, P-22 a nd 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.

Provide corrections as noted on Exhibit “A-1 and A-2”.

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P20-01559 TULARE 5061 E.doc

Traffic Signal Mitigation Impact (TSMI) Fee: This project shall pay all applicable TSMI Fees at the time of building permit. Contact the Public 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 Infill Area; therefore pay all applicable City-wide regional street impact fees. Contact the Public Works Department, Frank Saburit at (559) 621-8797.

Regional Transportation Mitigation Fee (RTMF): Pay all applicable 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 proof of payment or exemption prior to issuance of certificate of occupancy.

In order to obtain building permit approval from the Public Works Department, an approval stamp with a signature from Tra ffic Planning is required on the site plan and inserted in the building sets.

Questions relative to these conditions may be directed to Leonor Ayala at (559) 621-8806 or [email protected] in the Public Works Department, Traffic Planning Section.

PROJECT NO:

APN:

ADDRESS:

SENT:
2020-01559
5061 E. TULARE ST.
462-042-25
December 29, 2020

PUBLIC AGENCY

KAO VANG

DEVELOPMENT SERVICES/PLANNING

CITY OF FRESNO
2600

FRESNO STREET

FRESNO, CA
93721-3604

DEVELOPER

JUSTO PADRON
9497
N. SHARON AVE.

FRESNO, CA
93720
Drainage Area(s)
Preliminary Fee(s)
Y
$27,270.00
Development Review
Service Charge(s)
Fee(s)
NOR Review
$192.00
To be paid prior to release of District comments to Public Agency and Developer.

Grading Plan Review
$977.00
Amount to be submitted with first grading plan submittal.

Total Drainage Fee: $27,270.00
Total Service Charge: $1,169.00
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 2/28/21
based on the site plan
submitted to the District on
12/07/20
Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area.

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

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS
File No. 210.412

Page 1 of 3 ends

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

1. X
a.

Drainage from the site shall BE DIRECTED TO HELM AVENUE AND/OR TULARE STREET.

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

Page 2 of 3 ends

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
Gary W. Chapman
Design Engineer, RCE
Engineering Tech III
Digitally signed by Debbie Campbell Date: 12/29/2020 1:42:33 PM Digitally signed by Gary W. Chapman Date: 12/23/2020 4:45:02 PM CC:

JESUS PADRON, SER-JOBS FOR PROGRESS INC.
255 N. FULTON, #106
FRESNO, CA 93701
5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

Page 3 of 3 ends

The District
’
s existing Master Plan drainage system is designed to serve medium-low density residential uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed high density residential land use. The developer shall be required to mitigate the impacts of the increased runoff from the proposed high density residential land use to a rate that would be expected if developed to medium-low density residential land use.

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 high density residential development, to a two-year discharge, which would be produced by the property if developed medium-low density residential.

Implementation of the mitigation measures may be deferred until the time of development.

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. 2020-01559

OTHER REQUIREMENTS
EXHIBIT NO. 2

Fresno Metropolitan Flood Control District
Capturing Stormwater since 1956
k:\letters\rezone letters\fresno\2019\19-05889(y)(gc).docx 5469 E. Olive Avenue • Fresno, CA 93727 • (559) 456-3292 • FAX (559) 456-3194 www.fresnofloodcontrol.org
File 210.412 “2020-01559”
210.414
400.21
410.206

December 30, 2020

Ms. Kao Vang
City of Fresno, Development and Resource Management
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604

Dear Ms. Vang,

Plan Amendment and Rezone Application No. P19-05889
Drainage Area “Y”

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-low density residential uses and it does not have the capacity to accommodate the increased runoff generated by the proposed high density residential land use.

The District requests that as a condition of the rezone and plan amendment, the developer be required to mitigate the impacts of the increased runoff from the high residential land use to a rate that would be expected if developed to a medium-low density residential land use. 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. 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 retain runoff from a ten-year storm produced by the high density residential land use development and release a two-year discharge, which would be produced by the property if developed at a medium-low density residential land use. 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.

Very truly yours,

Gary Chapman
Engineer Technician III

GC/lrl

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