Exhibit G
2600 Fresno Street, Third Floor Planning and Development Department Fresno, California 93721-3604 Jennifer K. Clark, AICP, Director (559) 621-8277 FAX (559) 498-1026
August 30, 2024 Please reply to:
Brittany Martin
(559) 621-8059
Dan Zack
Zack Urban Solutions
[email protected]
(Sent via email only)
SUBJECT: DEVELOPMENT PERMIT APPLICATION NO. P2 3-03784 AND RELATED PLANNED DEVELOPMENT APPLICATION NO. P23 -03785 FOR PROPERTY LOCATED AT 741 AND 705 WEST BELMONT AVENUES (APNS: 458-121-17 AND 458-121-19)
Dear Mr. Zack:
On August 30, 2024 , the Planning and Development Director approved Development Permit Application No. P23-03784. This approval authorizes the establishment of a new kindergarten through eighth grade charter school campus consisting of four buildings totaling ±26, 914 square feet with a ±12,735 square-foot overhang/patio area. Additional on and off -site improvements will also be provided which include, but are not limited to, new paving, a trash enclosure, landscaping, children’s play area, student drop off/pick up zone, bike rack, water feature, sidewalks, drive approaches, gates, fencing, utilities, and thirty-three (33) parking spaces. The new campus will be utilized by Golden Charter Academy and will have ± 480 students and ± 60 employees at maximum enrollment. There will be 21 classrooms which will be oriented along linear courtyards. The subject property is zoned NMX (Neighborhood Mixed- Use).
On August 30, 202 4, the Planning and Development Director also approved related Planned Development Permit Application No. P23-03785. The related Planned Development Permit component was filed concurrently to modify multiple development standards of the Fresno Municipal Code to create an enhanced and innovative design for the school campus. This approval authorizes the modification of development standards in accordance with FMC Sections 15-1103, 15-1104, 15-1105, and 15-2305. The requested development standard modifications pertain to setbacks, façade design requirements, site design development standards, and the required landscape buffer.
The proposed project was determined to be exempt from the California Environmental Quality Act (CEQA) by the Planning and Development Department on August 13, 2024, through Sections 15332/Class 32 (In- Fill Development) Categorical Exemption.
CONDITIONS OF APPROVAL
PART A – ITEMS TO BE COMPLETED
The following items are required before issuance of building permits or final inspection:
Planner to check
when completed
Development Permit Application No. P23-03784 and Planned Development Permit Application No. P23-003785 August 30, 2024
PART B – OTHER AGENCY COMMENTS AND CONDITIONS REQUIREMENTS
Planner to check when completed.
1. Air Pollution Control District:
Comply with the requirements outlined in the attached air district letter dated February 1, 2024.
1. Development and operations shall take place in accordance with Exhibits A-1 and L-1 dated May 31, 2024, Exhibits E-1 to E-12, F-1 to F-9, and O-1 to O-4 dated January 18, 2024. Revise and transfer all comments or corrections to plan exhibits and upload to the related compliance record before issuance of building permits (see directions below).
2. The project is on two separate parcels and will be subject to a parcel merger. A completed parcel merger shall be required prior to the issuance of Building Permits.
3. Landscaping and irrigation shall be installed and maintained in accordance with provisions and standards of Article 23 of the Fresno Municipal Code.
• Prior to final inspection, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accor
dance with the landscaping and irrigation plans
approved by the Planning Division Include this note on the site and landscape plans.
4. Parking shall be developed and maintained in accordance with the provisions of Article 24 of the Citywide Development Code and the City of Fresno Parking Manual.
5. On-site signs shall strictly adhere to the requirements of the Fresno Municipal Code and adopted plans and policies. Signage to be reviewed under separate sign application. Signage for th e new Charter School campus will be subject to a Master Sign Program pursuant to Section 15-2612 of the Fresno Municipal Code.
6. Addressing:
The 'Official Address' assigned to the site is 452 North Pacific Avenue. Tentative addresses for the individual buildings are included in the attached document. Please notify the staff planner once the Voluntary Parcel Merger for your project is completed and confirm that the tentative addresses align with your building plans. Additionally, please update the exhibits to reflect the new official address and ensure that all Building Permits for the project are revised to include this address.
Should your project undergo changes requiring an updated address plan, please reach out to the staff planner.
Please note, only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses'. The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non- official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not 'Official Addresses'.
Development Permit Application No. P23-03784 and Planned Development Permit Application No. P23-003785 August 30, 2024
2. Airports:
Airspace Protection
• Airspace review required for any objects (temporary or permanent) over 100 feet tall.
3. Building and Safety Division:
The items below require a separate process with additional fees and timelines, in addition to the Development Permit Application process. Be advised the following are preliminary comments based on the drawings submitted to the Planning and Development Division.
1) Building, Grading and Utility plans are required to be submitted to the Building and Safety Services Division for approval permits for the proposed project.
a) All construction documents shall be designed, stamped, and signed by a licensed architect/engineer.
b) Provide a complete code analysis for all proposed buildings within the construction documents.
c) The proposed buildings shall meet all the requirements of CBC section 452.
4. Department of Public Utilities (Sewer, Solid Waste, Water):
Please reference the attached memorandum dated February 16, 2024.
5. Fire Department:
Approved as submitted. No appointment or initial required. Approval of this plan does not authorize or approve any omission or deviation from applicable adopted codes and adopted standards. Final approval is subject to field inspection.
6. Historic Preservation:
This item has been discussed in the Historic Preservation Commission meeting on July 24, 2023. It was found that the existing building is not eligible for Fresno's Local Register of historic places
7. Flood Control:
Comply with the attached Notice of Requirements submitted by the Fresno Metropolitan Flood Control District dated February 6, 2024 . Pay the NOR Review fee and Grading Plan Review fee prior to the issuance of building permits.
8. Traffic Planning:
See Public Works, Land Planning Section REVISED conditions of approval, in the record attachments. For questions, please contact Braulio Flores at [email protected] or at (559) 621-8806.
9. Public Works Engineering:
See Public Works, Traffic Planning's Conditions of Approval for street tree requirements.
10. Public Works – CFD:
If development is required to install pedestrian- oriented lighting, CFD annexation will be applicable. See Public Works, Traffic Planning's Conditions of Approval for maintenance requirements.
Development Permit Application No. P23-03784 and Planned Development Permit Application No. P23-003785 August 30, 2024
10. Fresno County Environmental Health:
Recommended Conditions of Approval:
• Concurrent to submitting plans to the State Architect, the applicant shall also submit complete food facility plans and specifications to the Fresno County Department of Public Health Department, Environmental Health Division for review and approval. Contact the Consumer Food Protection Program at (559) 600-3357 for more information.
• Prior to cafeteria/food service operations, the applicant will be required to obtain a permit to operate a food facility from the Fresno County Department of Public Health, Environmental Health Division. A permit, once issued, is nontransferable. Contact the Consumer Food Protection Program at (559) 600- 3357 for more information.
• Applicants proposing to use and/or store hazardous materials and/or hazardous wastes, they shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Any business that handles a hazardous material or hazardous waste may be required to submit a Hazardous Materials Business Plan pursuant to the California Health and Safety Code (HSC), Division 20, Chapter 6.95, Section 25507 (http://cers .calepa.ca.gov/).
Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.
• The proposed project has the potential to expose nearby residents to elevated noise levels. It is recommended that the city require a noise study to offer potential mitigation measures to residential homes abutting the project.
Consideration should be given to your city’s municipal code.
• As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.
• Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at (559) 600- 3271 for more information.
The following comments pertain to the demolition of any existing structure(s):
• Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structure in order to prevent the spread of vectors to adjacent properties.
• In the process of demolishing the existing structure(s), the contractor may encounter asbestos containing construction materials and materials coated with lead-based paints.
Development Permit Application No. P23-03784 and Planned Development Permit Application No. P23-003785 August 30, 2024
• If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information.
• If the structure(s) were constructed prior to 1979 or if lead- based paint is suspected to have been used in the structure(s), then prior to demolishing work the contractor should contact the following agencies for current regulations and requirements:
California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (560) 620-5600.
United States Environmental Protection Agency, Region 9, at (415) 947-8000.
State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302.
11. Fresno Irrigation District:
Comply with the requirements listed in the attached letter dated February 9, 2024.
12. PG&E:
Comply with the requirements listed in the attached letter dated February 6, 2024.
13. Fresno Unified School District:
Comply with the requirements listed in the attached letter dated January 19, 2024.
14. Long Range Planning:
Property is located in an area with a recently adopted plan [Downtown Neighborhood Community Plan] Please see www.fresno.gov/downtownplan for more information.
15. Department of Public Works (TIS):
See attached TIS 24-002 P23-03784 P23-03785 Letter dated May 31, 2024.
16. Land Division Impact Fees:
Please reference the attached memorandum dated February 2, 2024.
PART C - OTHER REQUIREMENTS
1) Planning/Zoning/Environmental Compliance Requirements
a) Development shall take place in accordance with the policies of the Fresno General Plan, Downtown Neighborhoods Community Plan, and the Neighborhood Mixed-Use planned land use designation.
b) Development shall take place in accordance with the N MX ( Neighborhood Mixed-Use) zone districts, and all other applicable sections of the Citywide Development Code, Chapter 15 of the Fresno Municipal Code (FMC) except as modified by the related Planned Development Permit Application No. P23-03785.
c) Comply with the operational statement submitted for the proposed project dated January 18, 2024, and the Planned Development Supplemental Information. Development shall take place in accordance with the attached “General Notes and Requirements for Entitlement Applications” if applicable.
Development Permit Application No. P23-03784 and Planned Development Permit Application No. P23-003785 August 30, 2024
d) Property development standards and operational conditions are contained in Articles 11 ( Mixed- Use 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.
e) Development shall comply with the City of Fresno Parking Manual, California Building Code, and American Disabilities Act requirements.
PART D - MISCELLANEOUS REQUIREMENTS
1) 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:
a) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property.
b) All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and,
c) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use.
2) Approval of this special permit may become null and void 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.
3) 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.
APPEALS
A notice indicating the Planning and Development Director’s intended approval of this project was mailed to nearby property owners on March 21, 202 4, which commenced a 10- day comment period. Two comments were received, and the Director approved the project on August 30, 2024. This commences a 15-day appeal period. Should an appeal be received, it shall be scheduled to be heard before the Planning Commission.
Please be advised that this project may be subject to a variety of discretionary conditions of approval.
These conditions based on adopted City plans, ordinances and policies; those determined to be required through the interdepartmental/interagency review process; and those determined through the environmental assessment process as necessary to mitigate adverse effects on the health, safety and welfare of the community. The conditions of approval may also include requirements for development and use that would, on the whole, enhance the project and its relationship to the neighborhood and environment.
Development Permit Application No. P23-03784 and Planned Development Permit Application No. P23-003785 August 30, 2024
All conditions of approval based on adopted plans, codes, and regulations are mandatory. Conditions based on the FMC may only be modified by variance, provided the findings required by the FMC Section 15-5506 can be made. Discretionary conditions of approval may be appealed but will ultimately be deemed mandatory unless appealed in writing to the Director within 15 days. In the event you wish to appeal the Director’s decision, you may do so by filing a written appeal with the Director. The appeal shall include the appellant’s interest in or relationship to the subject property, the decision or action appealed and specific reasons why the applicant believes the decision or action appealed should not be upheld.
If you wish to appeal the decision, a written request must be received by the Planning and Development Department by September 16, 2024 . The written request should be addressed to Jennifer K. Clark, Director, and the project planner identified below, and include the application number referenced above.
Please submit the request in writing (mail or email to [email protected] and CC the
planner listed below) to the Planner by the date noted above. An $1002.32 fee applies to an appeal by an applicant. The fee is required prior to accepting the appeal, as required by Section 15 -5017-A.1 of the FMC and established by the Master Fee Schedule.
COMPLIANCE REVIEW PROCESS
Please Note: To complete the compliance review process for building permits relative to planning and zoning issues, please upload electronic PDF copies of the corrected , final site plan, elevations, landscape, and irrigation plans, operational statement, any fees and title reports for required covenants, and any required studies or analyses into the compliance record for final review and approval into the compliance record at least 15 days before applying for building permits.
The compliance record for the application is P2 4-03150. These documents can be uploaded electronically to the citizen access portal at Accela Citizen Access . Contact Planner once any
corrected exhibits are uploaded. It may be necessary to resubmit these "corrected exhibits" a second time if not all the conditions have been complied with or are not shown on the exhibits.
Once the "corrected exhibits" are approved by the Planning and Development Department, please place these exhibits in the plan check set and contact Brittany Martin at [email protected] to coordinate final approval with Public Works Traffic Land Planning Division and Planning. Please bring one additional copy of the site plan exhibit(s) to this appointment so that the Planning and Development Department has a final signed-off copy of the site plan.
Copies of the final approved exhibits stamped by the Development Services Division must be submitted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to the issuance of building permits.
EXPIRATION DATES
The exercise of rights granted by this special permit must be commenced by August 30, 2027 (three years from the date of approval), pursuant to FMC Section 15-5013. An extension of up to one additional year may be granted, provided that the findings required under FMC Section 15- 5013-A.1 are made by the Director. All required improvements must be installed prior to the operation of the proposed use.
Our goal is to continuously improve our customer service. Please take a moment to complete a quick survey linked here
. If you have any questions regarding this letter, feel free to give me a call at the number listed above.
Development Permit Application No. P23-03784 and Planned Development Permit Application No. P23-003785 August 30, 2024
Sincerely,
Brittany Martin
Brittany Martin, Planner II
Planning and Development Department
Enclosures: Exhibits A-1 and L-1 dated May 31, 2024, Exhibits E -1 to E-12, F-1 to F-9, and O-1 to O-4 dated January 18, 2024;
Address Plan dated August 23, 2024;
FMFCD Notice of Requirements (NOR) dated February 6, 2024; PG&E Letter dated February 6, 2024;
PW, Land Division Development and Impact Fee Estimate dated February 2, 2024; FID memorandum dated February 9, 2024;
FUSD Letter dated January 19, 2024;
PW Traffic Planning Conditions of Approval dated August 23, 2024; PW, Traffic Planning’s redlined Exhibit CP1, dated June 20, 2024; Public Utilities, (Sewer, Solid Waste, Water) memorandum dated February 16, 2024; Department of Public Works (TIS) Letter dated May 31, 2024; SJVAPCD memorandum dated February 1, 2024;
City of Fresno Parking Manual;
General Notes and Requirements;
UP
FD
FD
FD
W BELMONT AVENUE
N PACIFIC AVENUE
W FRANKLIN AVENUE
N DELNO AVENUE
N BUTLER
AVENUE
FRESNO
CHAFFEE
ZOO
SCHOOL PLAYFIELD
OCC.: B
OCC.: E
OCC.: E
PL: 610.30'
PL: 123'
PL: 129.95'
PL: 135'
PL: 479.72'
APN #: 45812117
APN #: 45812119
NOT PROJECT SITE
1 2
11 28
15 19
17 37
22 36 36 36 36 14 14 14
36 14
14 14
32 32
15 22
BUILDING 'A'
BUILDING 'C'
BUILDING
'B'
ZONE: NMX
(NEIGHBORHOOD MIX USE)
14 14
BUILDING 'D'
OCC.: E
14 14 14
3 4
7 24
10 4
4 9
9 3
25 3
38 10
5 15
23 10
8 5
4 5
9 9
9 8
5 8
5 8
10 4 4
36 36
9 9
32 28
30 33
32 31
PL: 124.95'
UP
47' - 6"
33 33
33 33
G02 G06
G07
G05
OCC.: E
OCC.: B
OCC.: A-2/A-3
T.
T.
T.
D.F.
G. B.
B.
G.
T.
T.
T.
T./
SH.
T. T.
G03
G04
G01 33
23' - 10"
4' - 3"
10' - 9"
FR
FR
TRANS-
FORMER/
MSA
32 32
32 32
FR
12 21
4' - 0"
26 27
34 34
14 14
14 13
13 13
COM PACT
COM PACT
COM PACT
COM PACT
COM PACT
COM PACT
COM PACT
9'X19'
STAFF STAFF STAFF STAFF STAFF
COM PACT
VAN
ACC. ACC.
20' - 0"
9'X19'9'X19'
PARKING
LOT "A"
9'X19' 9'X19'
EFH
FDC
PIV
FDC PIV
FDC
PIV
FH
FDC
PIV
FH
FH
WM
FLAG
POLE
TYP
.
3' - 0" O
.H.
TYP.
2' - 0" O
.H.
TYP.
3' - 0" O.H.
TYP.
19' - 0"
TYP.
16' - 6"
PL: 165.00'
20' - 0" 38' - 10" 20' - 0" 20' - 6"
EV
CAPA -
BLE
EVCS
VAN
ACC.
STAFF
STAFF STAFF STAFF
STAFF STAFF EV
CAPA -
BLE
STAFF
EV
CAPA -
BLE
STAFF
EV
CAPA -
BLE
STAFF
EVCS
9'X19'
19' - 0"
TYP.
EV
CAPA -
BLE
STAFF
EV
CAPA -
BLE
STAFF
R 34' - 0"
10 8
8 8
13 35
50' - 0"
20' - 0"
29 29 20
32 FR
PL: 103.27'
R=9.97'
L=15.25'
R=10'
L=15.76'
30.30'
30 ' 10 '
30' 12'
PUBLIC ROAD
RIGFHT OF WAY
PUBLIC ROAD
RIGFHT OF WAY
30 '
EXISTING CONCRETE PUBLIC WALKWAY
CONCRETE PAVING
ASPHALT CONCRETE PAVING PROPERTY LINE
OCCUPANCY GROUP B
OCCUPANCY GROUP E
ROOF LINE
EXISTING ASPHALT PAVING
OCCUPANCY GROUP A-2/ A-3
TURF/LANDSCAPING IMPROVEMENTS
FIRE LANE
STUDENT DROP OFF/ PICK UP
FH FIRE HYDRANT (EFH WHERE EXISTING)
FDC FIRE DEPARTMENT CONNECTION
PIV POST INDICATOR VALVE
FR FIRE RISER
SECTION LINE
EASEMENT
PARKING SUMMARY
PARKING
LOT
TOTAL
PARKING
SPACES
ACCESSIBLE STALLS
PER CBC TABLE
11B-208.2
A 33 2 (1 VAN)
EV CHARGING STATION
PER CALGREEN TABLE
5.106.5.3.1
2 EV CAPABLE SPACES
(INC. EVCS) PER
CALGREEN TABLE
5.106.5.3.1
8 ACCESSIBLE EVCS
PER CBC 11B-228.3
1 VAN
BUILDING SUMMARY
BUILDING
DESIGNATION
BUILDING USE/
NAME
OCCUPANCY
CLASSIFICATION
CBC CHAPTER 3
ACTUAL BLDG.
FLOOR AREA (SF)
ROOF
O/H
AREA
ALLOWABLE
AREA
CBC TABLE
506.2
ACTUAL
HEIGHT
(NO. OF
STORIES)
ALLOWABLE
HEIGHT
CBC TABLE
504.3
OCCUPANCY
SEPARATION
CBC TABLE
508.4
BUILDING
SEPARATION
CBC 705.5
AUTOMATIC FIRE
SPRINKLERS
CBC SECTION
903.2.19
A ADMIN.
WEST CLASSROOM WING
MPR
B
E
A-2/A -3
TOTAL
BUILDING
AREA W/ O/H
24' - 5" (1) NON -
SEPARATED
CODE COMPLIANCE
REQUIRED
2 (1 VAN) 2 8PROVIDED 1 VAN
2,027
4,934
4,158
D
31,950 *
E
1,187
C EAST CLASSROOM WING E 8,410
6,961
923 6,268
CONSTRUCTION
TYPE
CBC TABLE 601
V-B
CLASSROOM
KITCHEN / BUSINESS
B OCC.
3,214
E OCC.
14,267
A-2/A -3 OCC.
4,158
B
21,639 10,311
COMBINED
BUILDINGS
A, C & D B OCC.
60' (3)
E OCC.
60' (2)
A-2/A -3 OCC.
60' (2)
B OCC.
36,000
E OCC.
38,000
A-2/A -3 OCC.
24,000 NO YES
B NORTH CLASSROOM WING E 38,000 18' - 4" (1) 60 YES 5,275 2,424 7699 NO N/A V-B * SECTION 508.4.2 MIXED USE ALLOWABLE BUILDING AREA CALCULATIONS (E) (A) (B)
21,579 + 6,741 + 4,461
38,000 24,000 36,000
= 0.568 + 0.281 + 0.124
= 0.973 < 1 OK
CONSIDERED
ONE BUILDING
BICYCLE PARKING
CALGREEN 5.106.4.1
4 11
L
ICE NS E D A R CH IT E
T
F C I F O
S
T
E
O A L
RN
IAT
A
C-16824
A
R
T
HU R
52 8220
N.
R RE
D Y
S
O
N
C
23001 Golden Charter Academy
1295 N. Wishon Ave., Suite 101
Fresno, CA 93728
Phone 559.497.6370
Fax 559.486.4909
Web: dysonjanzen.com
Arthur Dyson
Architect
F.A.I.A.
C-16824
architecture
planning
interiors
Dyson Janzen
Architects, Inc.
REVISIONS BY
Scale:
Drawn:
Sheet Number
741 W Belmont Ave., Fresno, CA 93728
Date:
Job:
As indicated
03/29/2024
MR