Exhibit E
City of Fresno
Planning and Development Department
Conditions of Approval
May 15, 2024
Development Permit Application No. P21-00989
Planner: John George
PROJECT DESCRIPTION
Development Permit Application No. P21 -00989 requests authorization to construct an 82 -unit private gated multi-family development. The project proposes on -site and off-site improvements including, but not limited to, three (3) three -story multifamily residential buildings and one (1) four -story building multifamily residential building consisting of 74 two -bedroom/two bathroom dwelling units and eight (8) two - bedroom/one-bathroom dwelling units, one (1) approximately 1,907 square-foot one-story community center building, one (1) swimming pool area, one (1) dog park area, 154 parking spaces (27 single-car garages, 72 covered carport parking spaces, and 55 uncovered parking spaces), and 6 long-term bicycle parking spaces.
A Class 1 Trail for bicycle and pede strian pathway will be constructed along the Herndon Avenue property frontage. Direct access to the development will only be provided from North Prospect Avenue via a private gated entrance. One (1) emergency vehicle access approach is proposed along Wes t Fir Avenue. Three (3) private pedestrian gates will be provided along West Fir Avenue and two (2) private pedestrian gates will be provided along North Prospect Avenue.
APN: 500-200-27S, -28S, -29S
ADDRESS: 7056 North Prospect Avenue
EXISTING/PREVIOUS ZONING: RM-2/EA/UGM/cz (Multi-family Residential, Urban Neighborhood/Expressway Area Overlay/Urban Growth Management/conditions of zoning).
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-3, E-1 through E-9, F-1 through F-11, L, and O dated June 2, 2021. Transfer all red line notes, comments, conditions, etc. to the corrected exhibit(s) and submit to planner at least 15 days prior to sign -off of the site plan and upload to the related Compliance Record No. P24-01138 and submit to the planner at least 15 days prior to issuance of building permits.
An application for a Lot Merger shall be approved by the Public Works Director prior to issuance of building permits.
The addresses will be formally entered into the official addressing system just prior to your 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 at least two weeks prior to submittal of building plans.
The project is subject to San Joaquin Valley Air Pollution Control District Rule 9510 and an Air Impact Analysis application shall be submitted to [email protected] prior to final discretionary project approval.
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
The project is subject to San Joaquin Valley Air Pollution Control District Regulation VIII. The applicant shall provide written notifications within at least 48 hours prior to the project proponent’s intent to commence any earthmoving activities pursuant to District Rule 8021.
Site Plan Redlines:
Provide electric vehicle charging stations per the California Green Building Standards Code Section
4.106.4. Revise Exhibits A-1 and A-2 dated June 2, 2021 to reflect this requirement. Revise Exhibits A -1 and A -2 dated June 2, 2021 to accurately depict how the proposed carport poles are going to be mounted.
Signs, other than directional signs, if applicable, are not approved for installation 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.
A Minor Deviation is approved to allow for a ten percent (10%) reduction in the minimum required setback from the nearest moving travel lane from 75 feet to 68 feet. Provide a note on Exhibit A- 1 dated June 2, 2021 depicting this statement.
Per the Expressway Overlay District (FMC 15 -1604-C), any barrier necessary to achieve acceptable noise levels shall not be less than eight feet in height and may be a wall, an earth berm, or any combination of wall and earth berm. (1.) Revise Exhibits A-1, A-2, and L to depict an 8 - foot sound wall along the West Herndon Avenue frontage to reduce exterior noise to an acceptable level for first floor units in Building 5D.
Prior to the submittal of plans for plan check review, all outside utility equipment shall be effectively screened from public view. The parapet heights of all buildings shall effectively screen all roof -top mechanical and electrical equipment and all ground mounted electrical utility circuit panel cabinets be installed within the buildings. Depict and verify compliance on Exhibits A -1 and A-2 dated June 2, 2021.
All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot - candle of light. Include note on site plan and elevation. All parking lots and garages shall be illuminated with a minimum of 0.5 foot -candle of light. The maximum height for lighting fixtures shall be 20 feet when within 100 feet of any street frontage or Residential District; 25 feet in any other location. Demonstrate compliance with this requirement via notes and/or exhibits.
The gated driveway depicted on Exhibits A-1 and A-2 dated June 2, 2021 providing access to West Fir Avenue shall be for emergency vehicle access only.
Elevation Redlines:
Building facades shall include at least two cladding/exterior wall finish materials (excluding roof and foundation) and at least three exterior colors (each cladding material shall count as a color, trim/accent colors shall each count as a color, and visua lly significant colors for doors, cornices, and similar elements may count as a color). Please revise Exhibits E-1 through E-4 dated June 2, 2021 to provide exterior colors of the building.
Provide Elevation exhibit of proposed carports.
Landscape Redlines:
Landscaping and irrigation shall be installed and maintained in accordance with provisions and standards of Article 23 of the Citywide Development Code. Depict all proposed and existing landscape locations, species and plant factor.
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
Plant schedule must be depicted with legend.
Provide Hydrozones - 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 wide and six inches 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 grouped in hydro zones accordance with their respective water, cultural (soil, climate sun, and light), and maintenance needs.
50 percent of areas not landscaped shall be shaded, of light colored materials with 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. 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 Development Services Division. Prior to final inspection, a written certification, signed by a landscape professional approved by the Director, shall be submitted stating that the required landscaping and irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Dev elopment Services Division, Planning and Development Department (see form, attached).
PART B - OTHER AGENCY COMMENTS AND CONDITIONS
To be checked when completed where applicable
1. Airports:
Comply with all of the requirements included within the attached Airports memorandum dated June 21, 2021.
2. DPU Planning and Engineering (sewer, water, solid waste):
Comply with all of the requirements included within the attached DPU memorandum dated June 17, 2021 and redlined site plan dated June 2, 2021.
3. Fire Review:
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
Comply with all of the requirements included within the attached revised Fire memorandum dated May 6, 2024.
4. Flood Control District:
Comply with all of the requirements included within the attached FMFCD memorandum dated June 23, 2021.
5. Fresno County Environmental Health:
Comply with all of the requirements included within the attached Fresno County Environmental Health memorandum dated June 22, 2021.
6. Fresno Unified School District:
Comply with all of the requirements included within the attached FUSD memorandum dated June 3, 2021.
7. Irrigation District:
Comply with all of the requirements included within the attached FID memorandum dated June 16, 2021.
8. Public Works ROW Landscaping:
Comply with all of the requirements included within the attached Public Works memorandum dated May 28, 2021.
9. Public Works Traffic Planning:
For Traffic Planning Conditions of Approval please see the attached memoranda and redline exhibit dated June 23, 2021. Make corrections to the exhibits before resubmitting. Parking lot to be reviewed by Planning Department. Contact Angela Reis 559-621-8684 if you have any questions. 10. Public Works – Impact Fees:
with all of the requirements included within the attached Public Works Impact Fees updated memorandum dated March 22, 2024.
PART C – PLANNING DEVELOPMENT CODE STANDARDS
1. Density and Intensity Standards: Compliance with the conditions of approval included in Parts A and B above will result in modifications to the proposed site plan. Should corrections or revisions result in changes to the overall site plan configuration, development shall take place in accordance with FMC Table 15-1003 (Density and Massing Standards – Residential Multi-Family Districts).
2. Site Design: Compliance with the conditions of approval included in Parts A and B above will result in modification to the proposed site plan. Should corrections or revisions result in changes to the site plan configuration, development shall take place in accordance with FMC Sections 15 -1004 (Site Development Standards).
3. Façade Design: Development shall comply with the façade design development standard pursuant to FMC Sections 15-1005.
4. Parking and Loading
All parking shall be provided in accordance with the City of Fresno Parking Manual and in accordance with Article 24 of the FMC.
5. Landscaping
All landscaping shall be provided and maintained in accordance with Article 23 of the FMC.
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
6. Fencing: All Fencing, Walls and Hedges shall be provided and installed in accordance with FMC Section 15-2006.
7. Setback Requirements: A Minor Deviation shall be processed to allow for the 68 foot building setback from nearest moving traffic lane where 75 feet is required per FMC Section 15-1604.C.1.b.
8. 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, Bullard Community Plan, Fresno County Airport Land Use Compatibility Plan, and the Urban Neighborhood Residential planned land use designation.
2. Development shall take place in accordance with the RM -2/EA/UGM/cz (Multi -Family Residential, Urban Neighborhood/Expressway Overlay/Urban Growth Management/conditions of zoning) zone district, and all other applicable sections of the Citywide Development Code, Chapter 15 of the Fresno Municipal Code (FMC).
3. Comply with the operational statement submitted for the proposed project dated June 2, 2021
4. Development shall comply with the City of Fresno Parking Manual, California Building Code, and American Disabilities Act requirements.
5. Development shall take place in accordance with the “General Notes and Requirements for Entitlement Applications” listed below if applicable..
6. Property development standards and operational conditions are contained in Articles 10 (Multi-Family Zone Districts), 20 (General Site Requirements), 23 (Landscape), 24 (Parking and Loading) and 25 (Performance Standards). Any project revisions, development and operation must comply with these property development standards and operational conditions.
PART E - MISCELLANEOUS AND GENERAL NOTES AND REQUIREMENTS Not all notes and requirements listed below are applicable to all projects.
1. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operation Statement prov ided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy av ailable under the law. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions.
2. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
a) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on a djoining property and may encroach on the subject property;
b) All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and,
c) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use.
3. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code. Specific uses of land, buildings, and structures listed as prohib ited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare.
4. Development shall take place in accordance with the Standards, Specifications, and Standard Drawings of the City of Fresno Public Works Department.
5. Development shall take place in accordance with all city, county, state and federal laws and regulations.
6. Owners and persons having ownership interest in businesses operating in the City of Fresno (including leasing out any commercial or industrial property, or renting out four or more dwelling units) are required by the Fresno Municipal Code to obtain a Busin ess Tax Certificate. Contact the City of Fresno Finance Department’s Business Tax Division at (559) 621 -6880 for more information. Information and an application form is available at the following website: Click Here
7. All proposed building(s) or structure(s) constructed on the property must comply with the prevailing California Building Code Standards.
8. Any building modifications and/or additions not included with this application are not approved with this special permit and would be subject to a new special permit.
9. A permit granted under the Fresno Municipal Code shall automatically expire if it is not exercised or extended within three years of its issuance. Refer to section 15 -5013, Expiration of Planning Entitlements, for more information about the exercise of rights.
FENCES/WALLS, LANDSCAPING, PARKING
10. Nothing in the Development Code shall be deemed to prohibit the erection of temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code.
11. Future fences shall be reviewed and approved by the Planning and Development Department prior to installation.
12. Fences, hedges, and walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum a llowed 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 applicable landscaping requi rements. Yards shall be maintained free of refuse, debris, rubbish, or other accumulated matter and/or materials, and shall be maintained clean. Grass shall not exceed six inches in height.
14. New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
Green Building Standards Code and/or the California Model Water Efficient Landscape Ordinance and/or the California Plumbing Code as may be amended.
15. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects, and disease. Any tree showing such damage shall be replaced with another tree.
16. No tree for which a Tree Removal Permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in conjunction with a development application shall not be removed before the issuance of a Building Permit or unless all of the conditions of approval of the development applications are satisfied.
17. The review authority shall issue a Tree Removal Permit if any of the following general criteria is met:
a) The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal.
b) The tree(s) can potentially cause substantial damage to existing or proposed main structure(s) (e.g. dwellings, other main structures, or public infrastructure) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services.
c) The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Review Authority that there are no reasonable alternatives to preserve the tree(s).
18. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Current Planning Division. (Include this note on the landscape plan.)
19. Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off-street parking is provided.
20. Trees required for parking lots are in addition to trees required elsewhere on the site as prescribed in other sections of the Fresno Municipal Code.
21. Parking lots, including landscaped 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 required for the proposed project per State of California Building Code.
23. All accessible stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10 -1017 of the Fresno Municipal Code shall be towed away. The international symbol and tow -away warning shall be posted consp icuously on seven -foot poles. (Include this note on the site plan.)
24. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficient circulation. A joint access covenant shall be required. (Include this note on the site plan.)
25. All general standards of Section 15 -2015 of the Fresno Municipal Code shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan.
26. Bicycle parking spaces shall be supplied according to Table 15 -2429-D: Required On -Site Bicycle Parking Spaces of the Fresno Municipal Code. Each bicycle parking space shall be a minimum of 30 inches in width and eight feet in length and shall be accessibl e without moving another bicycle. At least 30 inches of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
parking spaces to allow for the maneuvering of bikes. Overhead clearance shall be a minimum of seven feet. A minimum five-foot aisle between each row of bicycle parking shall be provided for bicycle maneuvering beside or 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 and the Fire and Solid Waste Department’s minimum turning templates. Contact the Planning and Development Department for Parking Manual questions.
SIGNAGE
29. All future signs shall be architecturally compatible with the proposed building(s). Provide a set of drawings, with descriptive information, including, materials, design and colors to allow for a preliminary assessment of the future signage. It is recommended that you provide a copy of the signage early in the project process to allow for staff comment.
30. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. (Include this note on the site plan.)
31. All proposed signs shall conform to the current sign ordinance. The submittal checklist for signs is available online at: Click Here
32. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards:
a) Operational windows signs shall not be mounted or placed on windows higher than the second story.
b) The maximum area of exempt window signage shall not exceed three square feet in area.
33. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non - Residential Districts. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 must lapse before displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year.
34. Every sign displayed within the city, including exempt signs, shall be maintained in good physical condition and shall comply with adopted regulations. All defective or broken parts shall be replaced.
Exposed surfaces shall be kept clean, in good repair, and painted where paint is required.
MISCELLANEOUS
35. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the Fresno Municipal Code at any time, measured at the nearest subject property line.
36. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and lea ve the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.
37. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse 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 lights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one -half f oot- candle.
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
38. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located. Windows shall not cause glare that may disrupt adjoining properties, traffic on adjacent streets, etc. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties.
39. The address listed in the conditions of approval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development Department for 'Official Addresses’. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses' . The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a bui lding and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not ‘Official Addresses’.
40. All projects, including projects that involve less than one acre of property, are required to comply with the City of Fresno’s Urban Storm Water Quality Management and Discharge Control Ordinance, Fresno Municipal Code Chapter 6, Article 7 (Sections 6-701 et seq.)
When a project involves one acre or more of construction activity (including, but not limited to, grading) the developer is required to obtain a stormwater discharge permit for construction, with a Notice of Intent (NOI) filed prior to commencement of any grading construction activity. Contact the Fresno office of the California Regional Water Quality Control Board at (559) 445-6281 regarding the required NOI and stormwater discharge permit. Additional 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 specified nonresidential activities (certain commercial and industrial activities), an ongoing industrial stormwater discharge permit is also required. Contact the Fresno office of the California Regional Water Quality Control Boar d at (559) 445 -6281 to find out whether your project/business requires an industrial stormwater discharge permit, and to obtain details on securing this permit. Additional information on industrial stormwater regulations may be obtained from the following website:
www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml,
The California Stormwater Quality Association has additional information on preparing stormwater pollution prevention plans for industrial activities. (www.casqa.org).
41. Screen all roof -mounted equipment from the view of public rights -of-way. Depict all mechanical equipment on site plan and elevations.
42. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.)
43. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: (916) 653 -4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: (805) 644 -2289) shall be contacted to obtain a referral list of recognized archaeologists. An archeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.)
44. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.)
45. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply.
46. Connection to a municipal City of Fresno sewer system is required unless approved measures are included in the project conditions for alternative wastewater treatment facilities.
47. City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been app roved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges, contact Frank Saburit at (559) 621-8797.
48. Open street cuts are not permitted; all utility connections must be bored.
49. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621 -5300 for requirements relating to approved devices, locations, testing and acceptance. This requirement must be satisfied prior to final occupancy.
50. This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of the Planning and Development when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building.
51. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers. Outdoor storages areas shall be screened from public view by building façades or solid fences. At the discretion of the Review Authority, the treatment of the ground surface of the open storage area may be gravel or other materials as prescribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control District. All open storage must be depicted on the site plan and described in operational statement. If it is not, it is not allowed on the site.
52. If video surveillance cameras are required or installed, provide signs under the surveillance cameras which notify the public that the subject property is monitored by video surveillance.
FEES
(Not all fees will be applicable to all projects.
Please reach out to Frank Saburit at (559) 621-8797 for fee questions.)
53. NOTICE TO PROJECT APPLICANT: In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of t he development or within 90 days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
54. CITYWIDE DEVELOPMENT IMPACT FEES
a) Traffic Signal Charge (Fresno Municipal Code Section 12 -4.1101 to 12-4.1103) This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest Master Fee Schedule. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit.
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
b) Fire Facilities Fee (Fresno Municipal Code Section 12-4.901 to 12-4.906) (based on building square footage, or residential units)
c) Police Facilities Fee (Fresno Municipal Code Section 12 -4.801 to 12 -4.806) (based on building square footage, or residential units).
d) Parks Facilities Fee (Fresno Municipal Code Section 12-4.701 to 12-4.706) (based on the number of residential units)
55. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (Fresno Municipal Code Section 12-4.1006).
a) Street Impact Fees shall be due and payable at the time of building permit issuance unless otherwise required by State law.
b) Street Impact Fees will be a condition on all development entitlements granted.
56. FRESNO COUNTY FACILITY IMPACT FEE
Fresno County adopted a Facilities Impact Fee, but the requirement to pay this fee was subsequently suspended by Fresno County. If the fee has been reinstated at the time of issuance of building permits for this project, or an alternative fee system has been adopted by Fresno County, proof of payment or payment of this fee will be required for issuance of building permits.
57. REGIONAL TRANSPORTATION MITIGATION FEE (RTMF)
Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of certificate of occupancy.
58. SCHOOL FEES
School fees must be paid, if required, prior to the issuance of building permits. Contact the applicable school district to obtain fee amount. Provide proof of payment (or no fee required) prior to the issuance of building permits.
59. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES a) A FMFCD Development Fee is required for review of proposed development projects, including applications for plan amendments, rezones, special permits, subdivisions, and grading plans. This fee is based on project acreage and must be paid directly to FMFCD in order for that agency to review projects and provide a Notice of Requirements. For more information, contact the FMFCD at (559) 456-3292.
b) FMFCD drainage fees are due, if required, prior to issuance of building permits and are payable at the rate in place at the time of building permit issuance. Unpaid drainage fee obligations that were unpaid for a prior project at the site of a new proj ect must be satisfied by the developer of the new project. Drainage fees may be paid at the Planning and Development Department prior to, or at the time of building permit issuance. They may also be paid directly to FMFCD, and proof of payment provided to the City, in order to obtain construction permits.
60. SEWER CONNECTION CHARGES (Fresno Municipal Code Section 6-304(a)). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied.
a) Lateral Sewer Charge (based on property frontage to a depth of 100’) b) Oversize Sewer Charge (based on property frontage to a depth of 100’) c) Wastewater Facilities Charge
d) Trunk Sewer Charge
Effective January 9, 1999, Ordinance No. 98 -97 also amended certain sewer connection charges. Fresno Municipal Code Article 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP) and
Conditions of Approval
Development Permit Application No. P21-00989
May 15, 2024
the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600.
61. WATER CONNECTION CHARGES: (Fresno Municipal Code Sections 6-507 to 6-513). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection 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, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of City of Fresno Resolutions Nos. 2009-265 and 2010-19.
PUBLIC WORKS DEPARTMENT GENERAL NOTES
(to be added to the site plan)
63. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California.
64. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy.
65. Two working days before commencing excavation operations within the street right -of-way and/or utility easements, all existing 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, additional notes, sample of legend, Parking Manual and Traffic Study Checklist Click Here.
70. Traffic Planning Checklist Click Here.
71. For Traffic Study questions please contact Jill Gormley at (559) 621 -8792 or via email at [email protected].