Exhibit D - City Council Staff Report [7-25-2024] — Fresno City Council, October 16, 2025

Exhibit D
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #: ID 24-899 Agenda Date: 7/25/2024 Agenda #:

REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning and Development Department
BY: ROB HOLT, Supervising Planner
Planning and Development Department

SUBJECT
HEARING to Consider an appeal regarding Development Permit Application No. P21-00989 and related Environmental Assessment for property located at 7056 North Prospect Avenue on the northeast corner of West Herndon and North Prospect Avenues (Council District 2) - Planning and Development Department.

1. ADOPT - Environmental Assessment No. P21-00989 dated February 9, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) under a CEQA Guidelines Section 15332/Class 32 Categorical Exemption.

2. GRANT the appeal and UPHOLD the Planning and Development Director’s approval of Development Permit Application No. P21-00989 authorizing the construction of an 82-unit private gated multi-family development, subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Development Permit Application No. P21-00989 dated May 15, 2024.

RECOMMENDATIONS

1. ADOPT Environmental Assessment No. P21-00989 dated February 9, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) Guidelines through a Section 15332/Class 32 Categorical Exemption.

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EXECUTIVE SUMMARY
Development Permit Application No. P21-00989 was filed by Jamie Huelskamp of Park 7, LLC, and pertains to approximately 3.7 acres of vacant property located at 7056 North Prospect Avenue. The subject property is located in the RM-2/EA/UGM/cz (Multi-Family Residential, Urban Neighborhood/Expressway Area Overlay/Urban Growth Management/conditions of zoning) zone district.

On March 25, 2024, the Planning and Development Director approved Development Permit Application No. P21-00989 based upon the project’s compliance with the required findings for Development Permits pursuant to Fresno Municipal Code (FMC) Section 15-5206 (Exhibit A).

Fresno City Planning Commission Action
On May 15, 2024, the Planning Commission considered an appeal of the item as presented by staff, followed by a presentation by the applicant. After a complete hearing, the Planning Commission voted to uphold the appeal to deny the project and deny the project subject to the following finding:
· Project is inconsistent with Finding B in that it does not meet the General Plan in regards to Urban Neighborhood residential planned land use, and it does not take into account significant growth within the City of Fresno and the project would result in traffic impacts detrimental to the project.

The Planning Commission Resolution is attached for more information (Exhibit K).

Approximately 29 individuals spoke in opposition to the project. The proximity to the site of those individuals speaking in opposition to the project is shown in the attached Exhibit N. The reasons cited for opposition include the following assertions: 1) The project’s proposal of 3-story and 4-story buildings are too tall and not consistent with the existing character and aesthetic of the neighborhood; 2) The project would exacerbate existing traffic congestion issues along Herndon Avenue, Prospect Avenue, and the elementary school; 3) The project has insufficient parking for the proposed 82 dwelling units and would result in overparking in Orchid Park and elsewhere in the neighborhood; 4) There is no safe route from the project to the nearby elementary school; 5) the 4-story building would not allow Fire Department trucks to utilize ladder deployment on the fourth story; and, 6) there is not adequate access to transit.

On May 29, 2024, Mayor Jerry Dyer and Councilmember Mike Karbassi, District 2, filed an appeal of the Planning Commission’s decision (Exhibit B).

Staff recommends upholding the appeal and reinstating the Director’s approval based on substantial evidence in this staff report that shows the multi-family development is a permitted use subject to approval of a Development Permit in the RM-2/EA/UGM/cz (Multi-Family Residential, Urban Neighborhood, Expressway Area Overlay/Urban Growth Management/conditions of zoning) zone district, subject to compliance with all provisions of the Citywide Development Code, and is consistent with applicable policies of the Fresno County Airport Land Use Compatibility Plan, Bullard Community Plan, and Fresno General Plan.

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BACKGROUND
The subject property is a vacant site located on the northeast corner of West Herndon and North Prospect Avenues. The general vicinity surrounding the subject property are primarily single-family residential neighborhoods apartment complex, elementary school, and a shopping center.

Immediately to the north is Orchid Park across West Fir Avenue. Immediately to the east and south (across West Herndon Avenue) are single family residences. Immediately to the west across North Prospect Avenue is vacant land.

The proposed project 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 four-story building multifamily residential building, one approximately 1,907 square-foot community center building, one swimming pool area, one dog park area. Direct vehicular access to the development will only be provided from North Prospect Avenue via one private gated entrance. One emergency vehicle access approach is proposed along West Fir Avenue. Three private pedestrian gates will be provided along West Fir Avenue and two private pedestrian gates will be provided along North Prospect Avenue.

Zoning History of the Subject Property
Previous General Plan
The subject property was designated for Office Commercial planned land use under the previous general plan; additionally, the property was zoned C-P/EA (Administrative and Professional Office District/Expressway Area Overlay) zone district. The previous general plan was adopted in 2002.

On February 10, 2011, Plan Amendment Application No. A-10-09 and Rezone Application No. R-10- 07, were adopted by the Fresno City Council. Said applications changed the land use designation of the subject property from Office Commercial to Neighborhood Commercial and rezoned of the subject property from the C-P/EA (Administrative and Professional Office District/Expressway Area Overlay) zone district to the C-1/EA (Neighborhood Shopping Center District/Expressway Area Overlay) zone district.

It is noted that Plan Amendment Application No. A-10-09 and Rezone Application No. R-10-07 also rezoned the abutting property to the east from the C-P/EA (Administrative and Professional Office District/Expressway Area Overlay) zone district to the R-2/EA (Low Density Multiple Family Residential District/Expressway Area Overlay) zone district.

Current General Plan
The current general plan was adopted by the Fresno City Council on December 18, 2014. The adoption of the current general plan changed the planned land use designation of the subject property from Neighborhood Commercial to Urban Neighborhood Residential. Subsequently, the Fresno City Council adopted a citywide zoning code in December 2015, that ensured consistency with zoning and the general plan planned land use designations. As part of the citywide zoning code update, the subject property was rezoned from the C-1/EA (Neighborhood Shopping Center District/Expressway Area Overlay) zone district to the RM-2/EA (Multi-Family Residential, Urban City of Fresno Page 3 of 17 Printed on 7/13/2024
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Neighborhood/ Expressway Area Overlay) zone district.

Housing Accountability Act
The Housing Accountability Act (HAA) (See Exhibit M for Housing Accountability Act Decision Matrix) defines a housing development project as a project consisting of residential units only, mixeduse developments consisting of residential and nonresidential units, transitional housing or supportive housing.

Pursuant to Government Code Section 65589.5(j), the HAA prohibits a local agency from disapproving a housing development project that complies with applicable, objective general plan and zoning standards and criteria, unless the local agency makes specified written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

Housing Element
This project is located on a parcel listed in the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates 61 units of low/very low-income housing at this site. This project was previously analyzed relative to the Sites Inventory in 2021. The 2013-2023 RHNA obligation for low/very low income was 8,834 units and the existing surplus capacity was 4,198 units for a total existing capacity of 13,032 units. As the reduction of low/very low capacity was previously accounted for in the Sites Inventory, and as the remaining sites identified in the Housing Element are determined to be adequate and to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City’s share of the regional housing need pursuant to Section 65584, this project is consistent with the Housing Element.

Landscaping/Walls/Open Space
Walls
An Acoustical Study was completed for the project dated January 14, 2021 (Exhibit J). The findings of the Acoustical Study were based on traffic noise exposure levels modeled using the Federal Highway Administration (FHWA) Traffic Noise Prediction Model (Model). The FHWA Model is the industry standard used for the determination of traffic noise exposure levels. Inputs to the model include vehicle volume, vehicle speed, roadway configuration, overall percentage of trucks, the distribution of day versus night traffic, and distance from the centerline of both directions of traffic to City of Fresno Page 4 of 17 Printed on 7/13/2024
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the location of the receiver. The recommendations of the Acoustical Study are as follows:
· A sound wall constructed along the project site property line with West Herndon Avenue, constructed to a minimum height of six feet (6’) above project grade elevation would reduce exterior noise levels within first-floor patios below the City’s maximum exterior noise level standard.

The Acoustical Study recommended a minimum six-foot (6’) tall sound wall be required. Pursuant to FMC Section 15-1604(C)(1)(c), the Expressway Area (EA) Overlay District development standards for residential districts requires, “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.” The Acoustical Study recommended a minimum 6’ tall sound wall, whereas the EA Overlay District development standards require a minimum eight-foot (8’) sound wall, earth berm, or combination of both.

The project is conditioned to require the EA Overlay District development standard requirement, specifically, an 8’ sound wall, and therefore exceeds the recommendation of the Acoustical Study.

The south-facing individual units with balconies on the 2nd through 4th floors in the building closest to West Herndon Avenue can be exempted from the exterior noise requirements of Fresno Municipal Code (FMC) Table 15-2506-B (Noise Exposure from Transportation Noise Sources). An exemption is allowed if balconies are not included in on-site open space calculations. Only balconies on the 2nd through 4th floors of the south-facing side of the building closest to West Herndon Avenue were excluded from the on-site open space calculations, thus also being exempted from the exterior noise requirements of the FMC.

Trail
In accordance with Figure MT-2: Paths and Trails of the Fresno General Plan, a Class 1 Bicycle and Pedestrian trail has been dedicated and exists on the north side of West Herndon Avenue along the proposed project frontage. The trail will serve the prospective residents of the complex.

Open Space
Pursuant to FMC Table 15-1003, the minimum on-site open space requirement of the RM-2 zone district is 15 percent. The subject property is approximately 3.7 acres in size (161,172 square feet), equating to a minimum on-site open space requirement of 24,176 square feet.

FMC Section 15-1004. D.2.b allows for an open space reduction (up to 25 percent) from the minimum required if there is a public park within 400 feet of the site and the public park is across a local street and the site provides an improved pedestrian path to and from the site. Across West Fir Avenue (local street) north of the subject property is a public park (Orchid Park) that is located approximately 60 feet from the subject property. The proposed site plan depicts three pedestrian gates that provide direct access to the public sidewalk on the south side of West Fir Avenue. There is an improved path of travel approximately 420 feet east of the subject property that allows for the public to cross West Fir Avenue to the north and travel approximately 250 feet west to the public park entrance. Based on this analysis, the minimum required open space for the project is reduced by 25 City of Fresno Page 5 of 17 Printed on 7/13/2024
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entrance. Based on this analysis, the minimum required open space for the project is reduced by 25 percent with a new minimum open space requirement of 18,132 square feet.

Incorporation of the swimming pool area, balconies and patios (exclusive of those balconies and patios along the south-facing side of the building nearest to West Herndon Avenue), and other usable open space areas as defined under FMC Section 15-1004.D results that the cumulative amount of on -site open space is 18,683 square feet which exceeds the minimum required 18,132 square feet, providing consistency with FMC Table 15-1003.

Density and Massing Development Standards
Density
Pursuant to FMC Table 15-1003, the density range requirement of the RM-2 zone district is between 16 and 30 dwelling units per acre (du/ac). The project proposes a total number of 82 dwelling units on approximately 3.7 acres of property, equating to a density of 22.16 du/ac, consistent with the density range requirement of the RM-2 zone district.

Height
The maximum height requirement in the RM-2 zone district is 50 feet. The project proposes the tallest building (four-story building) at a peak height of 49’-10”, providing consistency with the maximum height requirements of the RM-2 zone district.

Setbacks
The setback requirements are as follows:
· Front setback (West Herndon Avenue): Not applicable due to the subject property being located outside of the Priority Areas of the General Plan (Note 1 in FMC Table 15-1003).

Additional analysis for Expressway Area Overlay setback requirements (West Herndon Avenue) is provided further below.
· Interior side setback (eastern property line): The minimum interior side yard setback requirement in the RM-2 zone district is five feet (5’). The site plan depicts the interior side yard setback at ten feet (10’), providing consistency with the minimum interior side yard setback requirement of the RM-2 zone district.
· Street side yard setback (North Prospect Avenue): The minimum street side yard setback requirement for parcels greater than 125 feet in depth in the RM-2 zone district is 15 feet. The site plan depicts the street side yard setback at 24’-4”, providing consistency with the minimum street side yard setback requirement of the RM-2 zone district. · Rear yard setback (West Fir Avenue): The minimum rear yard setback requirement in the RMCity of Fresno Page 6 of 17 Printed on 7/13/2024 powered by Legistar™
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· Rear yard setback (West Fir Avenue): The minimum rear yard setback requirement in the RM2 zone district is 15 feet. The site plan depicts a rear yard setback at 21’-8”, providing consistency with the minimum rear yard setback requirement of the RM-2 zone district. · Parking, from back of sidewalk: The minimum parking setback requirement (from back of sidewalk) in the RM-2 zone district is 30 feet. The site plan depicts the nearest parking setback from back of sidewalk at 30’-9”, providing consistency with the minimum parking setback requirement (from back of sidewalk) of the RM-2 zone district.

The maximum lot coverage requirement of the RM-2 zone district is 50 percent. The site plan depicts a proposed lot coverage of approximately 33 percent, providing consistency with the maximum lot coverage requirements of the RM-2 zone district.

Expressway Area (EA) Overlay District
The subject property is located along West Herndon Avenue which is an Expressway as identified in the Fresno General Plan Circulation Element. Properties along expressways are located within the Expressway Area (EA) Overlay zone district under FMC Section 15-1604. The development standard for Residential Districts in the EA Overlay zone district require that no building shall be erected within 200 feet of the right-of-way line, although there are exceptions if a building is proposed to be erected within 200 feet of the right-of-way line. The nearest proposed building to the right-of-way line along West Herndon Avenue (Expressway) is approximately 68 feet.

The exception requirements for a building to be erected closer than 200 feet to an Expressway rightof-way line are if an acoustical study determines that interior noise can be mitigated to acceptable levels and in no case shall the minimum building setback be less than 75 feet from the center line of the nearest moving traffic lane of the abutting roadway. An application for a Minor Deviation was submitted to reduce the 75-foot requirement to allow for a minimum distance requirement of 68 feet.

The Findings for the Minor Deviation are attached under Exhibit A. As proposed, the nearest proposed building to the centerline of the nearest moving traffic lane on West Herndon Avenue is 68 feet. It should be noted that the nearest moving traffic lane is technically the right-hand turn lane which is designed to reduce traffic speed and results in lowering traffic noise. The intent of the measurement from the nearest moving traffic lane is the through-lanes that produce louder noise, which is what 68 feet is measured from.

Parking
The project proposes all 82 dwelling units as two-bedroom units. FMC Table 15-2409 requires that for two-bedroom units of “Multi-Unit Residential” uses, one covered parking space is required per dwelling unit, and one additional uncovered guest parking space is required per every two dwelling units. This results in a minimum requirement of a total of 123 parking spaces (82 covered and 41 uncovered). The proposed site plan depicts 99 covered parking spaces (72 carports and 27 garages) and 55 uncovered parking spaces for a total of 154 parking spaces.

Given the analysis provided above and incorporation of conditions of approval, Development Permit Application No. P21-00989 will meet all the provisions of the FMC, including all applicable design City of Fresno Page 7 of 17 Printed on 7/13/2024
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Application No. P21-00989 will meet all the provisions of the FMC, including all applicable design guidelines and development standards of the RM-2 zone district.

Streets and Access Points
The Fresno General Plan designates West Herndon Avenue as an expressway and North Prospect and West Fir Avenues as local streets. The project will take direct vehicular access from one access point on North Prospect Avenue via a private gated entrance.

The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed application and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division memorandum dated June 23, 2021. These requirements include: (1) Right-of-way dedications and improvements; and (2) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and the Regional Transportation Mitigation Fee.

Vehicle Miles Traveled (VMT)
Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create on California roads. If the project adds excessive automotive travel onto our roads, the project may cause a significant transportation impact.

The State CEQA Guidelines were amended to implement SB 743, by adding Section 15064.3.

Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities are no longer a relevant CEQA criteria for transportation impacts.

CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to choose the most appropriate methodology to evaluate a project’s [VMT], including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s [VMT] and may revise those estimates to reflect professional judgement based on substantial evidence. Any assumptions used to estimate [VMT] and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.”
On June 25, 2020, the City of Fresno adopted CEQA Guidelines for VMT Thresholds, pursuant to SB 743 to be effective as of July 1, 2020. The thresholds described therein are referred to herein as the City of Fresno VMT Thresholds. The City of Fresno VMT Thresholds document was prepared and adopted consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7. The December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) published by the Governor’s Office of Planning and Research (OPR), was utilized as a reference and guidance document in the preparation of the City of Fresno VMT Thresholds.

The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to City of Fresno Page 8 of 17 Printed on 7/13/2024
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The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to screen out qualified projects that meet the adopted criteria from needing to prepare a detailed VMT analysis.

The City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a variety of projects that may be screened out of a VMT analysis including specific development and transportation projects. For development projects, conditions may exist that would presume that a development project has a less than significant impact. These may be size, location, proximity to transit, or trip-making potential. For transportation projects, the primary attribute to consider is the potential to increase vehicle travel, sometimes referred to as “induced travel.” The proposed project is eligible to screen out because pursuant to the City of Fresno VMT Thresholds Section 3.0 (Project Screening), the project proposes an average daily trip (ADT) generation of 461 based on the 11th edition of the ITE Trip Generation Manual, which is lower than an ADT of 500 which is considered as a measurement to screen out of VMT.

Council District Project Review Committee
On June 14, 2021, the Planning and Development Department held a Council District 2 Project Review Committee meeting, pursuant to Section 15-4906.D.1.a of the FMC. Substantial correspondence from nearby residents was received prior to and after the meeting; the majority of which opposed the proposed multi-family project. The nearby residents’ concerns are reflected in the analysis of the appeal letters and written correspondence below.

Neighborhood Meeting
In August of 2021, a voluntary neighborhood meeting was held that included City of Fresno staff to answer questions and concerns of the neighbors. Substantial testimony from nearby residents was received during the meeting; the majority of which opposed the proposed multi-family project.

ANALYSIS OF PREVIOUS APPEALS AND WRITTEN CORRESPONDENCE Staff received multiple appeals and written correspondence of the Planning and Development Director’s decision of approval of Development Permit Application No. P21-00989. That analysis was brought forth to the Planning Commission on May 15, 2024, and is provided below:

Issue #1: There are no other high-rise complexes anywhere in the area and the proposed buildings tower over the neighborhood.

Staff Response:

As previously analyzed above, the maximum height requirement of the RM-2 zone district is 50 feet and the tallest building (four-story building nearest to West Herndon Avenue) has a peak height of 49’-10”. That said, the adjacent development to the east is primarily two-story single-family residential homes. The proposed four-story multi-family residential building is located approximately 100 linear feet to the adjacent property to the east.

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Issue #2: The high density does not fit given the parameters of the space.

Staff Response:

The required density range for the RM-2 zone district is between 16 and 30 dwelling units per acre (du/ac). As previously analyzed above, the proposed density of the project is 22.16 du/ac, providing consistency with the density requirements of the RM-2 zone district.

Issue #3: There is no room for increased traffic or how parking will be able to accommodate the number of cars that will result from each family. If 82 units produced the need to accommodate two cars per unit, where will the overflow parking go?
Staff Response:

As previously analyzed above, the project proposes that all 82 dwelling units will be two-bedroom units. The minimum parking requirement for Multi-Unit Residential, two-bedroom units is one covered parking space per unit, and one additional uncovered parking space for every two units.

This equates to a minimum total requirement of 123 parking spaces (82 covered and 41 uncovered).

The proposed site plan depicts 99 covered parking spaces (72 carports and 27 garages) and 55 uncovered parking spaces for a total of 154 parking spaces providing consistency with the minimum parking requirements of the RM-2 zone district.

Issue #4: What is the plan if emergency fire vehicles cannot navigate the turnabout. Also, it has been brought to our attention that fire services do not have the capability to reach the fourth story with current equipment. How will this be resolved?
Staff Response:

The site plan depicts an emergency vehicle access point providing direct access to West Fir Avenue.

The project will be required to comply with all requirements of the Fire Department revised memorandum dated May 15, 2024. This memorandum has been amended to provide clarification on possible alternative means and methods to allow for sufficient safety measures for the ladder truck deployment.

Issue #5: The proposed project is likely to increase traffic congestion along West Herndon and North Prospect Avenues. The additional vehicles entering and exiting the area could exacerbate existing traffic problems, especially with the nearby school and community park. A full traffic study has not been provided concerning the subject area.

Staff Response:

The Department of Public Works determined that a traffic study was not required unless a Plan Amendment and/or Rezone were required. The minimum number of peak hour trips required to determine if a traffic study is required is 100 peak hour trips. Based on the ITE Trip Generation Manual 11th Edition, the project would generate a total of 31 AM peak hour trips and 36 PM peak hour trips, thus not requiring a traffic study.

Issue #6: There are concerns regarding the potential for an increase in crime.

Staff Response:

The Northwest Fresno Police Department did not provide any comments on the proposed project.

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Issue #7: The proposed four-story building does not align with the character of the surrounding housing projects within the Herndon corridor. This lack of conformity could disrupt the aesthetics appeal of our neighborhood and set an undesirable precedent for future development in the area.

Staff Response:

The proposed elevations comply with the Façade Design Development Standards of the RM-2 zone district utilizing the Flexibility Option which includes: 1) Present an attractive appearance to public streets; 2) Be aesthetically and functionally compatible to the nearby development context; 3) Demonstrate a high level of quality; and 4) Support the growth in value of surrounding properties.

The proposed elevations depict consistency between the exterior design of both the three- and fourstory buildings. The proposed exterior design includes varied recesses and projections to break up the mass of the building. Windows are provided at an appropriate glazing ratio that includes varied trim and vinyl shutters, planter boxes, and shed roofs. Different exterior materials are proposed including stucco and stone veneer. The upper-floor patio areas include wrought-iron guard rails which differentiate from the ground-floor patios that include a stucco fence. The proposed roof includes concrete tile roofing with a wood fascia and redwood knee braces. Although the four-story building and three-story buildings have windows on the eastern elevation facing the single-family development adjacent to the east (zoned RM-2), that single-family development was approved with building front yard setbacks between 2 and 8 feet and building rear yard setbacks between 4 and 5 feet providing for limited visibility from any two- or more-story buildings adjacent to that development.

Cumulatively, the proposed elevations provide consistency with the four goals stated above.

Issue #8: The environmental impact of the proposed complex must be carefully evaluated. This includes assessing the effects on local ecosystems, water resources, and air quality.

Staff Response:

Environmental Assessment No. P21-00989 (Exhibit I) considered local ecosystems, water resources, air quality, and all comments and conditions provided by other departments and outside agencies. The project qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA) Guidelines.

Issue #9: There is no safe walking pathway for elementary school students living in the Project to walk to and from the elementary school located west of the Project, especially when student safety is an essential element of Fresno General Plan Goals 7 and 8.

Staff Response:

For potential students living within the Project site, a safe route to school utilizing public sidewalks would be to exit the project using one of the pedestrian gates along North Prospect or West Fir Avenues and use the crosswalk just east of the Project site along West Fir Avenue. Once they have crossed West Fir Avenue, they would need to access the sidewalk in Orchid Park that connects to West Spruce Avenue to the north, travel west using the sidewalk on West Spruce Avenue to North Valentine Avenue, then south to the school.

Goal 7 of the Fresno General Plan states, “Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city.” The proposed multi-family residential project provides for a diversity of districts and residential densities as the City of Fresno Page 11 of 17 Printed on 7/13/2024
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multi-family residential project provides for a diversity of districts and residential densities as the surrounding neighborhoods are primarily single-family residential where the project would provide for residents that prefer to live in generally smaller units with no property maintenance requirements.

Goal 8 of the Fresno General Plan states, “Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance.” The project provides a diverse mix of density as the majority of the developed surrounding neighborhoods are single-family residential neighborhoods. Orchid Park is located immediately north of the subject property, Forkner Elementary School is west of the subject property, and two shopping centers are located east of the subject property at North Marks Avenue. This higher density project in an area surrounded by medium low density uses provides for diversity and because there are other nearby public and commercial uses, this project would move towards completion of developing a Complete Neighborhood.

Issue #10: The Fresno Unified School District’s (FUSD) review and comments regarding the Project of June 3, 2021, was based solely on the developer’s and City’s submittal to FUSD of an apartment complex plan that was limited to “a new 3-story” apartment complex, not a 4th story plan. The District did not evaluate or comment on a Project that called for higher density and included the heretofore undisclosed 4-story building when the District offered its comments. Any approval by the City should be based on the information that the City and the Developer provided to FUSD, not one that was later “upsized” without notice to the District or others who looked at plans 3 years ago.

Staff Response:

Documents including the site plan and elevations depicting the three-story buildings and four-story building were routed for review on June 2, 2021, with FUSD uploading their comment letter on June 4, 2021. The documents that were routed included the development that is being considered as part of this appeal. Thus, considering those documents were routed to FUSD on June 2, 2021, and FUSD providing their comment letter on June 4, 2021 (two days after it was routed), FUSD reviewed the project, as proposed.

Issue #11: The Fresno Irrigation District’s (FID) response letter voiced two concerns: 1) Before any approval was issued for the Project that had any work suggested on the 6-lane Herndon Expressway or Valentine, that all plans be submitted by the City/Developer to FID as “FID requires it review and approve all plans”; and, 2) “FID recommends the City of Fresno require the proposed development balance anticipated groundwater use with sufficient recharge of imported surface water in order to preclude increasing the area’s existing groundwater overdraft problem.” I have been unable to find evidence that the Project’s required work along the old Valentine Avenue (now Prospect Avenue) and Herndon Avenue have resulted in plans and specifications being sent to and approved by FID, as required by the City.

Staff Response:

Condition No. 2 of FID’s memorandum dated June 16, 2021, states, “Should this project include any street and/or utility improvements along Herndon Avenue, Marks Avenue, Valentine Avenue, Brawley Avenue, or in the vicinity of this pipeline, FID requires it review and approve all plans.” This condition does not require review of the plans prior to approval. The plans they are referencing are street improvement plans which come after conditional approval of the project.

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Issue #12: This project could affect the traffic patterns for take-offs and landings from the nearby airport.

Staff Response:

The subject property is located within the Fresno County Airport Land Use Compatibility Plan for both Sierra Sky Airport and Fresno/Yosemite International Airport. The subject property is located within Zone 6 (Traffic Pattern Zone) for the Sierra Sky Airport and Zone 7 (Precision Approach Zone) for the Fresno/Yosemite International Airport.

Zone 6 includes all other portions of regular aircraft traffic patterns based upon the 14 Code of Federal Regulations (CFR) Part 77 Conical Surface. The aircraft accident risk level is considered to be low within Zone 6. Furthermore, Zone 6 has no limitation on the allowed dwelling units per acre, and only prohibits uses that are hazards to flight and outdoor stadiums and similar uses with very high intensity uses. As defined in the Fresno County Airport Land Use Compatibility Plan, “[h]azards to flight include physical (e.g. tall objects), visual, and electronic forms of interference with the safety of aircraft operations. Land use development, such as golf courses and certain types of crops, as outlined in Federal Aviation Administration’s (FAA’s) Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports, that may cause the attraction of birds to increase is also prohibited.”
Zone 7 includes the 14 CFR Part 77 Outer Approach Transitional Surface and Precision Approach Surface. The Outer Approach Transitional Surface and Precision Approach Surface are used at airports with runways with an existing or planned Precision Instrument Approach. For Fresno Yosemite International Airport, the AIA includes both Zone 6 and Zone 7. The aircraft accident risk level is considered to be low within Zone 7. Furthermore, Zone 7 has no limitation on the allowed dwelling units per acre and requires that no object shall be of a height that would penetrate the airspace protection surface of the airport. Any object that penetrates one of these surfaces is, by FAA definition, considered an obstruction. A proposed object having a height that exceeds the airport’s airspace protection surface shall be allowed only if, upon conclusion of the FAA’s 7460 review process, the FAA determines that the object would not be a hazard to air navigation.

Fresno’s Airports staff reviewed the project and provided the following condition of approval, “Airspace review required for any objects (temporary or permanent) over 100 feet tall.” The peak height of the tallest building proposed for the project is 49’-10”, providing consistency with requirements from the airports.

Issue #13: The Forkner Alluvial canal runs right through the property. How is the foundation of any buildings not going to affect this underground canal?
Staff Response
Condition No. 1 of FID’s memorandum dated June 16, 2021, states, “FID does not own, operate or maintain any facility located on the subject property as shown on the attached FID exhibit map.” The referenced map shows the Bullard No. 124 canal located along the West Herndon Avenue frontage and the Forkner No. 121 canal located along North Valentine Avenue, across West Tamera Avenue and traveling northwest from there. There are no existing canals running across the subject property.

Issue #14: The addition of vehicles in the area will add to the poor air quality that the nearby City of Fresno Page 13 of 17 Printed on 7/13/2024
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grammar school already struggles with.

Staff Response:

The project is required to comply with all requirements from the San Joaquin Valley Air Pollution Control District as it relates to air quality.

Appeal Letter
On May 29, 2024, Mayor Jerry Dyer and Councilmember Mike Karbassi (District 2) submitted a letter to the Planning and Development Department requesting an appeal of the Planning Commission’s decision of the Development Permit Application No. P21-00989 (Exhibit B).

Notice of City Council Hearing
The Planning and Development Department mailed notices of this City Council hearing to all surrounding property owners within 1,000 feet of the subject property on July 12, 2024, pursuant to Section 15-5007 of the FMC (Exhibit D).

Land Use Plans and Policies
The Fresno General Plan designates the subject site for Urban Neighborhood Residential planned land use. This project meets all policies and objectives of the Fresno General Plan and objectives related to land use and the urban form:

Goals
Goal 7: Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the City.

Goal 8: Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance.

Objectives
Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.

Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents.

Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth and make City of Fresno Page 14 of 17 Printed on 7/13/2024
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efficient use of resources and public facilities.

Policies
Policy UF-1-d: Provide for diversity and variation of building types, densities, and scales of development in order to reinforce the identity of individual neighborhoods, foster a variety of marketbased options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.

Policy LU-5-e: Promote urban neighborhood residential uses to support compact communities and Complete Neighborhoods that include community facilities, walkable access to parkland and commercial services, and transit stops.

Policy NS-1-k: Review all new public and private development proposals that may potentially be affected by or cause a significant increase in noise levels, per Policy NS-1-i, to determine conformance with the policies of this Noise Element. Require developers to reduce the noise impacts of new development on adjacent properties through appropriate means.

The proposed development is consistent with the Fresno General Plan, Urban Neighborhood Residential planned land use and the Bullard Community Plan.

Bullard Community Plan
The subject property is designated for Urban Neighborhood Residential planned uses by the Bullard Community Plan. Upon reviewing the policies contained in the Bullard Community Plan staff has determined that there are no policies that are applicable or are more restrictive than those contained in the Fresno Municipal Code (FMC) or the Fresno General Plan. However, should there be a conflict between the FMC and the Bullard Community Plan, pursuant to Section 15-104-D-4 of the FMC, the FMC shall control.

Fresno County Airport Land Use Compatibility Plan
The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan. The project is within two areas of influence of the Fresno County Airport Land Use Compatibility Plan. The project site is located within the Fresno Yosemite International Airport’s Safety Zone 7 - Precision Approach Zone. The project is also listed within Sierra Sky Park Safety Zone 6 - Traffic Pattern Zone.

Both zones have no density requirements and there are no structures that are over the maximum height of 100 feet. Therefore, the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan.

ENVIRONMENTAL FINDING
The California Environmental Quality Act (CEQA), Public Resource Code Section 21000 et seq., permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from Class 32 (In-fill Development Projects) was made and Environmental Assessment P21-00989 was completed for this project on February 9, 2024 (Exhibit I City of Fresno Page 15 of 17 Printed on 7/13/2024
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).

None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.

FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Section 15-5206 and 15-5607 et seq. of the Fresno Municipal Code have been met. These findings are attached as (Exhibit A).

CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the Bullard Community Plan; compliance with the provisions of the FMC; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment and exhibits.

Staff concludes that the required findings contained within Section 15-5206 and 15-5607 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed project is appropriate for the project site.

LOCAL PREFERENCE
Local preference was not considered because this project does not include a bid or award of a construction or service contract.

FISCAL IMPACT
Affirmative Action by the Council will result in timely delivery of the review and processing of the application as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant has paid to the City a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Planning & Development Department.

ATTACHMENTS:

Exhibit A - Fresno Municipal Code Findings
Exhibit B - Appeal Letter [5-29-2024]
Exhibit C - Aerial Map
Exhibit D - Public Hearing Notice Radius Map (1,000 ft) Exhibit E - Conditions of Approval for Development Permit Application P21-00989 [5-15-2024] Exhibit F - Operational Statement
Exhibit G - Site Plan, Floor Plan, Elevations
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Exhibit H - Comments & Requirements from Responsible Agencies Exhibit I - Environmental Assessment P21-00989 [2-9-2024] Exhibit J - Acoustical Study [1-14-2021]
Exhibit K - Planning Commission Resolution No. 13848
Exhibit L - PowerPoint Presentation
Exhibit M - Housing Accountability Act Decision Matrix
Exhibit N - Map of Individuals in Oppos
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Exhibit A

FRESNO MUNICIPAL CODE FINDINGS
DEVELOPMENT PERMIT APPLICATION NO. P21-00989

DEVELOPMENT PERMIT FINDINGS
Fresno Municipal Code (FMC) Section 15-5206 provides that the Director or Planning Commission may only approve a Development Permit application if it finds that the application is consistent with the purposes of this article and with the following:

Findings per FMC Section 15-5206
Finding a: The applicable standards and requirements of this Code.

Walls
An Acoustical Study was completed for the project dated January 14, 2021, and the recommendations that are included as conditions of approval are as follows:
• A sound wall constructed along the project site property line with West Herndon Avenue, constructed to a minimum height of six feet (6’) above project grade elevation would reduce exterior noise levels within first-floor patios below the City’s maximum exterior noise level standard.

The exemption is allowed if balconies are not included in on-site open space calculations. Only balconies on the 2nd through 4th floors of the south-facing side of the building closest to West Herndon Avenue were excluded from the on-site open space calculations, thus also being exempted from the exterior noise requirements of the FMC.

The acoustical study recommended a minimum six-foot (6’) tall sound wall be required. Pursuant to FMC Section 15-1604(C)(1)(c), the Expressway Area (EA) Overlay District development standards for residential districts requires, “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.” Considering the acoustical study recommended a minimum 6’ tall sound wall, the EA Overlay District development standards require a minimum eight-foot (8’) sound wall, earth berm, or combination of both. The project is conditioned to require the EA Overlay District development standard requirement, specifically, an 8’ sound wall.

FMC Section 15-1004.D.2.b allows for an open space reduction (up to 25 percent) if there is a public park within 400 feet of the site and the public park is across a local street and the site provides an improved pedestrian path to and from the site. Across West Fir Avenue (local street) north of the subject property is a public park (Orchid Park) that is located approximately 60 feet from subject property. The proposed site plan depicts three pedestrian gates that provide direct access to the public sidewalk on the south side of West Fir Avenue. There is an improved path of travel approximately 420 feet east of the subject property that allows for the public to cross West Fir Avenue to the north and travel approximately 250 feet west to the public park entrance. Based on this analysis, the minimum required open space for the project is reduced by 25 percent with a new minimum open space requirement of 18,132 square feet.

Incorporation of the swimming pool area, balconies and patios (exclusive of those balconies and patios along the south-facing side of the building nearest to West Herndon Avenue), and other usable open space areas as defined under FMC Section 15-1004.D results that the cumulative amount of on-site open space is 18,683 square feet which exceeds the minimum required 18,132 square feet, providing consistency with FMC Table 15-1003.

Density
Pursuant to FMC Table 15-1003, the density range requirement of the RM-2 zone district is between 16 and 30 dwelling units per acre (du/ac). The project proposes a total number of 82 dwelling units on approximately 3.7 acres of property, equating to a density of 22.16 du/ac, consistent with the density range requirement of the RM-2 zone district.

Setbacks
The setback requirements are as follows:
• Front setback (West Herndon Avenue): Not applicable due to the subject property being located outside of the Priority Areas of the General Plan (Note 1 in FMC Table 15-1003).

Additional analysis for Expressway Area Overlay setback requirements (West Herndon Avenue) is provided further below.
• Interior side setback (eastern property line): The minimum interior side yard setback requirement in the RM-2 zone district is five feet (5’). The site plan depicts the interior side yard setback at ten feet (10’), providing consistency with the minimum interior side yard setback requirement of the RM-2 zone district.
• Street side yard setback (North Prospect Avenue): The minimum street side yard setback requirement for parcels greater than 125 feet in depth in the RM-2 zone district is 15 feet.

The site plan depicts the street side yard setback at 24’-4”, providing consistency with the minimum street side yard setback requirement of the RM-2 zone district. • Rear yard setback (West Fir Avenue): The minimum rear yard setback requirement in the RM-2 zone district is 15 feet. The site plan depicts a rear yard setback at 21’-8”, providing consistency with the minimum rear yard setback requirement of the RM-2 zone district. • Parking, from back of sidewalk: The minimum parking setback requirement (from back of sidewalk) in the RM-2 zone district is 30 feet. The site plan depicts the nearest parking setback from back of sidewalk at 30’-9”, providing consistency with the minimum parking setback requirement (from back of sidewalk) of the RM-2 zone district.

The exception requirements for a building to be erected closer than 200 feet to an Expressway right-of-way line are if an acoustical study determines that interior noise can be mitigated to acceptable levels and in no case shall the minimum building setback be less than 75 feet from the center line of the nearest moving traffic lane of the abutting roadway. An application for a Minor Deviation was submitted to reduce the 75-foot requirement to allow for a minimum distance requirement of 68 feet. As proposed, the nearest building to the centerline of the nearest moving traffic lane (not including the turn lane) on West Herndon Avenue is 68 feet. The intent of the measurement from the nearest moving traffic lane, and not the turn lane, is that the turn lane has reduced traffic speeds due to the upcoming turn.

Given the analysis provided above and incorporation of conditions of approval, Development Permit Application No. P21-00989 will meet all the provisions of the FMC, including all applicable design guidelines and development standards of the RM-2 zone district.

Finding b: The General Plan and any operative plan or policies the City has adopted. b. The Fresno General Plan designates the subject property for Urban Neighborhood Residential planned land uses and provides goal, objectives, and policies of the Fresno General Plan to guide in the development of this project. Development Permit Application No. P21-00989 meets all policies and objectives of the Fresno General Plan. The following are excerpts of such objectives.

Objectives
Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.

Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents.

Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.

Policies
Policy UF-1-d: Provide for diversity and variation of building types, densities, and scales of development in order to reinforce the identity of individual neighborhoods, foster a variety of market- based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.

The proposed project supports the above policies by developing vacant land into multi-family housing in a manner that promotes walkable communities, increases neighborhood connectivity, and accommodates the City’s share of the regional housing need.

Upon reviewing the policies contained in the Bullard Community Plan, staff has determined that there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan.

Finding c: Any applicable design guidelines adopted by the City Council. c. The proposed structure and site layout is consistent with the site design and façade design development standards provided in the RM-2 (Multi-Family Residential, Urban Neighborhood) zone district and the design guidelines adopted in the Fresno General Plan as analyzed in Finding A above.

Finding d: Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required.
d. The project required an application for a Minor Deviation to allow for a ten percent (10%) reduction in the distance of the building nearest to West Herndon Avenue to the nearest moving traffic lane on West Herndon Avenue. The findings for the Minor Deviation are provided below and the project is consistent with the requirements of the Minor Deviation.

Finding e: Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5
e. The proposed development is consistent with the Fresno County Airport Land Use Compatibility Plan (ALUCP) because airspace review is required for any objects over 100 feet tall. The tallest structure in the proposed project is 49’-10”. Also, the proposed project is in Zone 6 (Traffic Pattern Zone) of the ALUCP where there is no limit on dwelling units per acre. The project is lower than the minimum height review requirement and has no limitation on dwelling units per acre per the ALUCP, thus the project complies with the requirements of the ALUCP.

MINOR DEVIATION FINDINGS
FMC Section 15-5607 provides that a decision to grant a deviation shall be based on making all of the following findings
Findings per FMC Section 15-5607.B (All Other Development Standards) Finding 1: The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;

1. Given the project site’s proximity to the centerline of the nearest moving traffic lane (not including the turn lane) on West Herndon Avenue is 68 feet, approval of a minor deviation is necessary to comply with FMC Section 15-1604.C.1.b to allow for the proposed building setback at 68 feet (10%) of the centerline of the nearest moving traffic lane instead of the minimum requirement of 75 feet.

The intent of the measurement from the nearest moving traffic lane, and not the turn lane, is that the turn lane has reduced traffic speeds due to the upcoming turn. The subject property is located along an Expressway (West Herndon Avenue) that requires a larger than normal setback requirement. There are adjacent single-family residential buildings adjacent to the east approximately 68 feet from the nearest moving traffic lane that also benefit from a reduction of the minimum required 75-foot setback requirement. Thus, the deviation is necessary due to the physical characteristics of the property and the proposed four-story multi-family residential structures.

Finding 2: There are no alternatives to the requested deviation that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;

2. The minor deviation is only applicable to the proposed four-story multi-family residential building along the southern property line which abuts West Herndon Avenue. As discussed above, any redesign proposal that would require a revision to the location of this four-story building could result in other proposed three-story multi-family residential buildings to be relocated closer to the existing single-family residential neighborhood adjacent to the east of the subject property.

Therefore, there are no alternatives that will provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or the general public.

Finding 3: The granting of the requested deviation will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Code; and

3. Based on evidence outlined in the environmental findings, which do not identify a potential substantial adverse public health or safety risk, and based on the Conditions of Approval will ensure that the deviation proposed for this multi-family development will not be detrimental to the public health, safety, or general welfare of the community, and will not be detrimental to surrounding properties or improvements.

Finding 4: If the deviation requested is to accommodate religious uses protected by RLUIPA, the decision-maker must also find that the denial of the requested deviation would impose a substantial burden on religious exercise.

4. The project, as proposed, is for development of a multi-family residential use and is not an accommodation for a religious use.

Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that all of the findings above can be made.

Exhibit B

CITY OF FRESNO
May 29, 2024
Jennifer Clark, Director
Planning and Development Department
2600 Fresno Street
Fresno, CA 93721
Re: 7056 North Prospect Avenue – Development Permit Application #P21-00989 We understand that as Planning and Development Department Director, you approved Development Permit Application #P21-00989 on March 25, 2024, which proposed an 82-unit market-rate apartment complex at 7056 North Prospect Avenue. The City of Fresno (City) received eight appeals of that decision, which was then heard by the Planning Commission on May 15, 2024. The Planning Commission overturned the Director’s approval of the permit.

Decisions of the Planning Commission may be appealed by the district Councilmember and/or the Mayor. On May 22, 2024, we received a request from the applicant seeking an appeal of the Planning Commission’s determination, which would allow the matter to be reviewed by the City Council. Further, the applicant suggested the action taken by the Planning Commission may have violated the California Housing Accountability Act. Subsequently, on May 23, 2024, a second request for appeal was provided by several members of the Greenfield Coalition, also suggesting the Planning Commission’s action may have violated state law, and the City would be in a “vulnerable position to defending such an action.”
Additionally, we received countless phone calls, e-mails and letters from concerned residents and households in the Prospect Avenue neighborhood. Many of the residents expressing concern were not in opposition to housing in this area and recognized that Fresno is in the midst of a housing crisis. They were, however, concerned with understandable items such as traffic congestion, parking, and the fourstory height of one section of the proposed complex. It was reported that some of the neighborhood concerns were addressed, such as removal of windows facing adjacent housing, but many remain unsatisfied with the applicant’s unwillingness to meet and further discuss the community concerns.

When considering the pleas to both appeal and not appeal this decision, as elected officials we must take into account both the responsibility to protect the City’s financial interests, as well as act in the best interest of our residents, and not lose the trust of our community.

It is with this in mind; we have heavily considered the following items:

1. The City Attorney’s Office has advised that the findings made by the Planning Commission fall short of the required criteria to deny the project. As a result, the City has been placed at substantial risk of litigation that will likely result in substantial fines and the courts approving the project as it stands proposed today by the developer.

2. It is logical to presume that if the Planning Commission’s decision is not appealed, the applicant could litigate, and has a strong likelihood of winning, resulting in the proposed development being approved as is.

Prospect Avenue – Development Permit Application #P21-00989 May 29, 2024

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3. In addition to the time and resources involved in litigation, there are also fines for violating the Housing Accountability Act. These fees range from a minimum of $10,000 to $50,000 per unit. This could equate to a City fine between $820,000 - $4.1 million.

4. Nearby residents continue to express opposition to elements of the proposed multi-family housing development, concerns ranging from traffic congestion, parking, and the four-story height of one section of the proposed complex.

5. Insufficient community dialogue has been reported by residents, indicating the applicant refused to meet with the community to discuss concerns. It is clear the community desires an opportunity to meet with the applicant.

6. Last, and certainly not least, it is our understanding that should the applicant apply for a new housing development, the 3.7 acre lot allows density for up to 111 units. Should a new application include a percentage of units reserved for affordable housing, the City would have no other option but to approve within a 90-day time period. Depending on income levels and unit counts proposed under this potential scenario, density bonuses can also be applied which range from 20-40 additional units. As part of the density bonus program, which could allow up to 151 units, additional parking reductions plus other concessions like height, setbacks and landscaping can also be made.

Therefore, it is with considerable thought and deliberation that we have come to a decision we hope will honor the concerns raised by residents, that will provide quality housing for Fresno residents, and that will not put the City at unnecessary financial risk.

In this instance, we are confident a “do nothing” posture would be an even greater disservice to all involved. We are advised by the City Attorney that doing nothing by foregoing our appeal rights will result in great risk to the City. Doing nothing would create delays in housing production and potential litigation, all with a high likelihood the courts would eventually uphold the development as proposed in the long run, costing the City millions, and ultimately putting this decision in the hands of the court system versus the City Council.

Of even greater concern is the risk of losing the trust of the community. We are sympathetic to those who live in close proximity, and understand the residents desire an opportunity to discuss the proposed project with the applicant. By doing nothing, we believe the residents would ultimately be unsatisfied with the final outcome, and the needs of the community outweigh all other considerations.

Therefore, we are exercising our authority to appeal the Planning Commission’s determination related to Development Permit Application #P21-00989. The appeal will protect our right to bring this item to Council for further review in a reasonable period of time. During this time, we encourage the applicant to come to the table with neighboring residents in productive dialogue around the concerns raised, including but not limited to parking, the height of the proposed building, and traffic congestion.

Sincerely,
Jerry P. Dyer Mike Karbassi
Mayor Council Vice President, District 2
Exhibit C

AERIAL MAP
Subject Property
Approx. 3.7 acres
Application
Development Permit Application
No. P21-00989
APN:
500-200-27S, 500-200-28S, and
500-200-29S
Northeast corner of West Herndon
and North Prospect Avenues

PLANNING AND DEVELOPMENT DEPARTMENT LEGEND
Zone District
RM-2 (Multi-Family
Residential, Urban
Neighborhood)
Land Use Designation
Urban Neighborhood
Residential

W FIR AVE

N PROSPECT AVE

W HERNDON AVE
Exhibit D
Public Notice Hearing Radius Map (1,000 ft)
Legend
Subject Property
Noticing Boundary
256588v1

CITY OF FRESNO

PLANNING AND DEVELOPMENT DEPARTMENT

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Fresno CITY COUNCIL, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code (FMC), will conduct a public hearing to consider an appeal of the items below, filed by Jamie Huelskamp of Park 7, LLC pertaining to approximately 3.7 acres of property located at 7056 North Prospect Avenue, on the northeast corner of West Herndon and North Prospect Avenues:

1. Environmental Assessment No. P21-00989: A determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Section 15332/Class 32 Categorical Exemption dated February 9, 2024.

2. Development Permit Application No. P21-00989: A request for authorization to construct an 82- unit multi-unit residential development, including three (3) three-story buildings and one (1) fourstory building.

Any interested person may also watch the meeting electronically during the public hearing by instructions provided on the City Council Agenda, and present written testimony at least 24 hours in advance of the City Council agenda item being heard, pursuant to the City Council rules and procedures and the instructions provided on the City Council Agenda, or they may be excluded from the administrative record of proceedings.

If you challenge the above application(s) in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or City Council at, or prior to, the public hearing. The Fresno City Planning Commission considered this application at its meeting on May 15, 2024, and voted to recommend denial.

NOTE: This public hearing notice is being sent to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007.

All documents related to this project are available for public review at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during normal business hours (Monday-Friday, 8 a.m.-5 p.m.) by appointment only. Please contact the Planner listed below via e-mail or by phone to request electronic copies or schedule an appointment to view documents.

For additional information, contact Rob Holt, Planning and Development Department, by telephone at (559) 621-8056, or via e-mail at [email protected]. Si necesita información en Español, comuníquese con Valeria Ramirez al teléfono (559) 621-8046.

PLANNING AND DEVELOPMENT DEPARTMENT
Jennifer K. Clark, AICP, HDFP, Director
Dated: July 12, 2024
Assessor’s Parcel No(s). 500-200-28S, -27S, -29S

SEE MAP ON REVERSE SIDE
Planning and Development Department
2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277

FRESNO CITY COUNCIL
Date/Time: Thursday, July 25, 2024 at 5:00 p.m. or thereafter Place: City Hall Council Chamber, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721; or, watch the live broadcast via the Zoom link located on the City Council agenda found here:
https://fresno.legistar.com/Calendar.aspx
256588v1
Rob Holt

PLANNING AND DEVELOPMENT DEPARTMENT
2600 FRESNO STREET, ROOM 3043
FRESNO, CA 93721

THIS IS A LEGAL NOTICE REGARDING
7056 North Prospect Avenue
P21-00989

VICINITY MAP
Project Area
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) twobedroom/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 pedestrian 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 West 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).

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
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 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 A1 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 footcandle 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 visually 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
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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 Development 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
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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
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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 provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available 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
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a) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property;
b) All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and,
c) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use.

3. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code. Specific uses of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare.

4. Development shall take place in accordance with the Standards, Specifications, and Standard Drawings of the City of Fresno Public Works Department.

5. Development shall take place in accordance with all city, county, state and federal laws and regulations.

6. Owners and persons having ownership interest in businesses operating in the City of Fresno (including leasing out any commercial or industrial property, or renting out four or more dwelling units) are required by the Fresno Municipal Code to obtain a Business Tax Certificate. Contact the City of Fresno Finance Department’s Business Tax Division at (559) 621-6880 for more information. Information and an application form is available at the following website: Click Here

7. All proposed building(s) or structure(s) constructed on the property must comply with the prevailing California Building Code Standards.

8. Any building modifications and/or additions not included with this application are not approved with this special permit and would be subject to a new special permit.

9. A permit granted under the Fresno Municipal Code shall automatically expire if it is not exercised or extended within three years of its issuance. Refer to section 15-5013, Expiration of Planning Entitlements, for more information about the exercise of rights.

FENCES/WALLS, LANDSCAPING, PARKING

10. Nothing in the Development Code shall be deemed to prohibit the erection of temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code.

11. Future fences shall be reviewed and approved by the Planning and Development Department prior to installation.

12. Fences, hedges, and walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height. Fences shall be maintained and shall stand upright and shall not lean.

13. All planting and other landscape elements shall be permanently maintained in good growing condition.

Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Yards shall be maintained free of refuse, debris, rubbish, or other accumulated matter and/or materials, and shall be maintained clean. Grass shall not exceed six inches in height.

14. New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Conditions of Approval
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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 conspicuously on seven-foot poles. (Include this note on the site plan.)

24. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficient circulation. A joint access covenant shall be required. (Include this note on the site plan.)

25. All general standards of Section 15-2015 of the Fresno Municipal Code shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan.

26. Bicycle parking spaces shall be supplied according to Table 15-2429-D: Required On-Site Bicycle Parking Spaces of the Fresno Municipal Code. Each bicycle parking space shall be a minimum of 30 inches in width and eight feet in length and shall be accessible without moving another bicycle. At least 30 inches of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle Conditions of Approval
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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 (P21, 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 NonResidential 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 leave 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 skyreflected 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 footcandle.

Conditions of Approval
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38. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located. Windows shall not cause glare that may disrupt adjoining properties, traffic on adjacent streets, etc. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties.

39. The address listed in the conditions of approval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development Department for 'Official Addresses’. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses'. The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not ‘Official Addresses’.

40. All projects, including projects that involve less than one acre of property, are required to comply with the City of Fresno’s Urban Storm Water Quality Management and Discharge Control Ordinance, Fresno Municipal Code Chapter 6, Article 7 (Sections 6-701 et seq.) When a project involves one acre or more of construction activity (including, but not limited to, grading) the developer is required to obtain a stormwater discharge permit for construction, with a Notice 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 Board at (559) 445-6281 to find out whether your project/business requires an industrial stormwater discharge permit, and to obtain details on securing this permit. Additional information on industrial stormwater regulations may be obtained from the following 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
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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 approved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges, contact Frank Saburit at (559) 621-8797.

48. Open street cuts are not permitted; all utility connections must be bored.

49. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621-5300 for requirements relating to approved devices, locations, testing and acceptance. This requirement must be satisfied prior to final occupancy.

50. This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of the Planning and Development when a submittal for building plan review is made as required 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 the development or within 90 days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

54. CITYWIDE DEVELOPMENT IMPACT FEES
a) Traffic Signal Charge (Fresno Municipal Code Section 12-4.1101 to 12-4.1103) This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest Master Fee Schedule. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit.

Conditions of Approval
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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 project must be satisfied by the developer of the new project. Drainage fees may be paid at the Planning and Development Department prior to, or at the time of building permit issuance. They may also be paid directly to FMFCD, and proof of payment provided to the City, in order to obtain construction permits.

60. SEWER CONNECTION CHARGES (Fresno Municipal Code Section 6-304(a)). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied.
a) Lateral Sewer Charge (based on property frontage to a depth of 100’) b) Oversize Sewer Charge (based on property frontage to a depth of 100’) c) Wastewater Facilities Charge
d) Trunk Sewer Charge
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

Page 12 of 12 ends

the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600.

61. WATER CONNECTION CHARGES: (Fresno Municipal Code Sections 6-507 to 6-513). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied.
a) Frontage Charge (based on property frontage)
b) Service Charges (based on service size required by applicant) c) Meter Charges (based on service need)
d) Water Capacity fee (based on size of meter)

62. Deferment of the payment of Citywide development impact fees for Fire, Police, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of City of Fresno Resolutions Nos. 2009-265 and 2010-19.

PUBLIC WORKS DEPARTMENT GENERAL NOTES
(to be added to the site plan)

63. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California.

64. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy.

65. Two working days before commencing excavation operations within the street right-of-way and/or utility easements, all existing 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].

Exhibit F

OPERATIONAL STATEMENT FOR

HERNDON & PROSPECT

APARTMENTS

FRESNO, CALIFORNIA
Project Statistics:
a. Project Developer: Land Value Management
155 East Shaw Avenue
Fresno, California 93710
559.227.7477
b. Project Location: NEC West Herndon and North
Prospect Avenues, Fresno, CA
c. Project Address To be assigned
d. Assessor’s Parcels: 500-20-027S
500-20-028S
500-20-029S
e. Parcel Sizes:

1. 500-20-027S 0.81 acres

2. 500-20-028S 0.85 acres

3. 500-20-029S 2.04 acres

4. Total Site Size* 3.70 acres
* Lots will be merged and property lines abandoned prior to the issuance of building permits
f. Community Plan Bullard
g. General Plan Designation: Residential, Multi-Family, Urban h. Current Zoning: RM-2
i. Current Use: Vacant
j. Proposed Use 82 unit multi-family residential
development
k. Adjacent Uses

1. North Orchid Park

2. East Single Family Residential

3. South Single Family Residential /
Herndon Expressway

4. West Professional Office / Forkner
Elementary School
l. Proposed Unit Mix:

1. Two BR / 1 BA 8 units

2. Two BR / 2 BA 74 units
m. Parking Provided

1. Covered Spaces Provided
a. Carports 72 stalls
b. Garages 27 stalls

2. Open Spaces Provided 55 stalls

3. Total Parking Provided 154 stalls

4. Parking Ratio Provided 1.88 stalls per unit

5. Bicycle Parking Provided 12
n. Site Coverage:

1. Building* 54,293 sf (33.6%)

2. Paved Surfaces 42,044 sf (26.1%)

3. Landscape / Walkways 64,835 sf (40.3 %)
* Includes carports and garages
o. Open Space

1. Minimum Required (15% with a
25% reduction allowed due to
Orchid Park) 18,132 sf

2. Space Provided 22,475 sf
p. Site Density

1. Allowed per RM-2 District 30 units per acre

2. Proposed Density 22.16 units per acre
Project Characteristics:

The project will consist of 82 multi-family residential units to be constructed in threeand four- story wood framed buildings based upon those recently constructed at the Emerson Apartment complex located just south of the Sierra Vista Mall in Clovis, California. These buildings will integrate an architectural theme intended to blend with the recently built adjacent single-family development, with stucco exteriors and flat-profile concrete tile roofs. Additional accents will be added to the building elevations with the addition of thin-set stone veneer panels defining the ground floor, and the use of accent colors on the elevations to break wall surfaces.

A community building with an enclosed area totalling approximately 1,128 square feet will also be provided adjacent to the pool area. A covered outdoor patio will also be integrated so that the community center and pool area function as one. This building will provide space for leasing / management offices and a resident lounge along with other amenities. The community spaces, including outdoor bar-b-que areas and the swimming pool, will be available to tenants from 8:00 am until 10:00 pm, with the leasing and management offices having hours of operation from 8:00 am until 6:00 pm. It is expected that there will be 1 to 2 office staff members, along with 2 additional maintenance staff occupying the building.

The project will be gated for security, with tenant and public access from North Prospect Avenue, and an emergency vehicle access gate at the northeast corner of the property on West Fir Avenue. The tenant / public gates will be open from 6:00 am until 8:00 pm, and will be closed during evening hours for the security of the residents. A call box will be provided in a pull-out lane at the North Prospect Avenue entrance for after-hours visitor and delivery access. Parking will include 60 carports, 30 garages, and 49 open stalls providing an overall parking ratio of over 1.6 stalls per unit.

With Orchid Park located directly to the north of the project, the requirements of the Development Code for Open Space are allowed to be reduced from the required 15% of the site area to 11.25%. This space is provided on-site with a swimming pool and a covered arbor and covered bar-b-que arbors with seating areas.

This project will help in meeting the Housing Element goals of the Fresno General Plan by providing high-quality market-rate rental housing in a part of the City where this type of housing type is limited.

Environmental Impacts:

During the adoption of the 2035 General Plan, the Master Environmental Impact Report (MEIR) evaluated the subject site for Multi-Family Residential (RM-2) uses.

As such, we would expect that any environmental issues have been identified and address in the General Plan based upon the fact that we are developing to a density lower than that included in the MEIR.

Operational Statement Page 3
Exhibit G

SITE PLAN WEST FIR AVENUE
NORTH PROSPECT AVENUE DIMENSIONED REFERENCE MAP 05.26.21 PA1 WEST HERNDON AVENUE PROJECT SITE ORCHARD PARK FORKNER ELEM.

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 NOTES BUILDING LEGEND BUILDING TYPE B BUILDING TYPE C BUILDING TYPE D STATISTICS ASSESSOR'S PARCEL(S) TOTAL SITE AREA SITE DENSITY SITE COVERAGE PARKING COMMUNITY PLAN CURRENT ZONING GARAGE BUILDING CARPORT LOCATIONS BUILDING TYPE A AGENCY JURISDICTION PROJECT ADDRESS PRELIMINARY REVIEW NO. PROPOSED PROJECT: UNIT STATISTICS SITE COVERAGE OCCUPANCY GROUP(S) CONSTRUCTION TYPE(S) SYMBOLS LEGEND EXISTING STREET LIGHT SYMBOL DESCRIPTION POLE-MOUNTED SITE LIGHT TRASH ENCLOSURE(S) FIRE HYDRANT LOCATION(S) ORCHID PARK

VACANT COMMERCIAL (OFFICE) PROPERTY

EXISTING SINGLE FAMILY RESIDENCES LEGAL DESCRIPTION KEYNOTES Z:\2020\0200305 - Herndon and Prospect Apartments\PA1- Dimensioned Site Plan.dwg, 5/26/2021 8:39:22 AM, svinc

SITE PLAN WEST FIR AVENUE
NORTH PROSPECT AVENUE NOTED 05.25.21 PA1.1 WEST HERNDON AVENUE

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 KEYNOTES COMPACT COMPACT Z:\2020\0200305 - Herndon and Prospect Apartments\PA1.1- Noted Site Plan.dwg, 5/26/2021 8:40:27 AM, svinc ACCESSIBILITY NOTES SITE NOTES ENVELOPE NOTES MANUFACTURED DOORS AND WINDOWS: SITE CONSTRUCTED DOORS, WINDOWS AND SKYLIGHTS: EXTERIOR JOINTS: INSTALLED INSULATING MATERIAL: ALL INSULATING MATERIALS: FIRE SPRINKLER NOTES GENERAL NOTES INSPECTION NOTES INSULATION NOTES 12.16.20 PA1.2 ABBREVIATIONS

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

05.25.21 PA1.3

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

12.16.20 PA1.4

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

12.16.20 PA1.5

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

12.16.20 PA1.6

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

12.16.20 PA3 TYPE 3

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

12.16.20 PA4

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

BUILDING 'B' COMPOSITE PLANS

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 12.16.20 GROUND PA6 THIRD (UNIT TYPE 5) (UNIT TYPE 5) (UNIT TYPE 5) (UNIT TYPE 5) (UNIT TYPE 5) (UNIT TYPE 5) BUILDING STATISTICS BUILDING AREA CONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX FIRE RESISTANCE REQUIREMENTS SECOND MAXIMUM ALLOWABLE AREA Z:\2020\0200305 - Herndon and Prospect Apartments\PA-6_Building B Floor Plans.dwg, 2/18/2021 3:45:43 PM, svinc

BUILDING 'C' COMPOSITE PLAN

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 05.25.21 PA7 GROUND BUILDING STATISTICS BUILDING AREA CONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX FIRE RESISTANCE REQUIREMENTS (UNIT TYPE 5) (UNIT TYPE 5) (UNIT TYPE 5) (UNIT TYPE 5) (UNIT TYPE 5) (UNIT TYPE 5) MAXIMUM ALLOWABLE AREA Z:\2020\0200305 - Herndon and Prospect Apartments\PA-7_Building C Ground.dwg, 5/26/2021 8:42:34 AM, svinc

BUILDING 'C' COMPOSITE PLANS

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 BUILDING 'D' COMPOSITE PLAN 12.16.20 PA9 GROUND BUILDING AREA CONSTRUCTION TYPE OCCUPANCY GROUP BUILDING STATISTICS BUILDING UNIT MIX MAXIMUM ALLOWABLE AREA FIRE RESISTANCE REQUIREMENTS (UNIT TYPE 3) (UNIT TYPE 1) (UNIT TYPE 2) (UNIT TYPE 1) (UNIT TYPE 3) (UNIT TYPE 3) (UNIT TYPE 4) (UNIT TYPE 2) (UNIT TYPE 4) (UNIT TYPE 3) Z:\2020\0200305 - Herndon and Prospect Apartments\PA-9_Building D Ground.dwg, 2/18/2021 3:47:55 PM, svinc

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 12.16.20 PA10 SECOND BUILDING 'D' COMPOSITE PLAN (UNIT TYPE 3) (UNIT TYPE 1) (UNIT TYPE 2) (UNIT TYPE 1) (UNIT TYPE 3) (UNIT TYPE 3) (UNIT TYPE 4) (UNIT TYPE 2) (UNIT TYPE 4) (UNIT TYPE 3) Z:\2020\0200305 - Herndon and Prospect Apartments\PA-10_Building D Second.dwg, 2/18/2021 3:48:42 PM, svinc

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 THIRD BUILDING 'D' COMPOSITE PLAN (UNIT TYPE 3) (UNIT TYPE 1) (UNIT TYPE 2) (UNIT TYPE 1) (UNIT TYPE 3) (UNIT TYPE 3) (UNIT TYPE 4) (UNIT TYPE 2) (UNIT TYPE 4) (UNIT TYPE 3) 12.16.20 PA11 Z:\2020\0200305 - Herndon and Prospect Apartments\PA-11_Building D Third.dwg, 2/18/2021 3:49:24 PM, svinc

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 12.16.20 PA12 FOURTH BUILDING 'D' COMPOSITE PLAN (UNIT TYPE 3) (UNIT TYPE 1) (UNIT TYPE 2) (UNIT TYPE 1) (UNIT TYPE 3) (UNIT TYPE 3) (UNIT TYPE 4) (UNIT TYPE 2) (UNIT TYPE 4) (UNIT TYPE 3) Z:\2020\0200305 - Herndon and Prospect Apartments\PA-12_Building D Fourth.dwg, 2/18/2021 3:50:06 PM, svinc

EXTERIOR ELEVATIONS

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

EXTERIOR ELEVATIONS

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 05.17.21 PA14 DESCRIPTION DOORS & VINYL SHUTTERS FLAT PROFILE TILE ROOF VINYL WINDOWS COLOR NOTES: TYPICAL EXTERIOR COLORS TYPICAL FRONT / REAR ELEVATION TYPICAL END ELEVATION SYMBOL STUCCO - BASE WALL COLOR STUCCO - ACCENT WALL KEY COLOR SCHEDULE FASCIA, KNEE BRACES, RAILINGS, FLASHING & DOWNSPOUTS DOOR & WINDOW TRIMS, PLANTER BOXES, ACCENT TRIMS & BANDS THIN-SET STONE VENEER BUILDING 'C' - FRONT Z:\2020\0200305 - Herndon and Prospect Apartments\PA-14_Building C Elevations.dwg, 5/26/2021 8:44:37 AM, svinc

EXTERIOR ELEVATIONS

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

ELEVATIONS EXTERIOR

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

12.16.20 PA16 BUILDINGS 'E', 'F' & 'G' FLOOR PLAN BUILDING 'E' BUILDING STATISTICS BUILDING E BUILDING UNIT MIX OCCUPANCY GROUP CONSTRUCTION TYPE BUILDING AREA FIRE RESISTANCE REQUIREMENTS

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 BUILDING 'E' - FRONT BUILDING 'E' - REAR BUILDING 'E' - END FLOOR PLAN BUILDING 'F' FLOOR PLAN BUILDING 'G' BUILDING F BUILDING UNIT MIX OCCUPANCY GROUP CONSTRUCTION TYPE BUILDING AREA FIRE RESISTANCE REQUIREMENTS BUILDING G BUILDING UNIT MIX OCCUPANCY GROUP CONSTRUCTION TYPE BUILDING AREA FIRE RESISTANCE REQUIREMENTS BUILDING 'G' - FRONT BUILDING 'G' - END BUILDING 'F' - FRONT Z:\2020\0200305 - Herndon and Prospect Apartments\PA-16_Buildings E,F & G - Garage Plan.dwg, 2/18/2021 3:53:06 PM, svinc LandValueManagement
Herndon& NorthProspect
LandValueManagement
Herndon& NorthProspect

Exhibit H
2600 Fresno Street
Fresno, California 93721-3604
Airports Comments:

Airports
06/21/2021
Comments
Airspace Protection
• Airspace review required for any objects (temporary or permanent) over 100 feet tall.

DEPARTMENT OF PUBLIC UTILITIES

MEMORANDUM
DATE: June 17, 2021
TO: MINDI MARIBOHO – Development Services Coordinator
Planning & Development Dept/Current Planning
FROM: KEVIN GRAY, Supervising Engineering Technician
Department of Public Utilities – Utilities Planning & Engineering FROM: ROBERT A. DIAZ, Supervising Engineering Technician Department of Public Utilities – Utilities Planning & Engineering SUBJECT: DPU CONDITIONS OF APPROVAL P21-00989 LINCOLN PARK APARTMENTS 3311 WEST FIR AVENUE
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(s) with meter box(es) shall be provided to each lot.

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

MEMORANDUM
MINDI MARIBOHO – Development Services Coordinator
Planning & Development Dept/Current Planning
June 17, 2021
DPU CONDITIONS OF APPROVAL FOR APPROVAL P21-00989 LINCOLN PARK APARTMENTS 3311 WEST FIR AVENUE

Page 2 of 4 ends

meter is properly sized to accommodate fire protection requirements, and 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 West Fir and North Prospect Avenues. 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 #12.

3. Sewer Facility Charge (Multi-Residential)

4. Upon connection of this Project to the City Sewer System the owner shall be subject

Page 3 of 4 ends

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.

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.

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

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

1. 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.)

Page 4 of 4 ends

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.

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.

SITE PLAN WEST FIR AVENUE
NORTH PROSPECT AVENUE DIMENSIONED REFERENCE MAP 05.26.21 PA1 WEST HERNDON AVENUE PROJECT SITE ORCHARD PARK FORKNER ELEM.

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

VACANT COMMERCIAL (OFFICE) PROPERTY

Darla Scott
03/01/2024
Revised 05/06/2024
Comments
All back checks are performed electronically through the Accela Program (FAASTER portal).

You must submit the following documentation to the Building Department: 1) Provide a complete set of revised drawings, calculations, and supporting documents addressing plan check comments (all changes shall be clouded). 2) Provide a detailed typed response to each item listed in the plan check correction comments document. If you have additional questions regarding back check submittals, please contact the Building Department.

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

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

1. Signs may be used in conjunction with, or in lieu of, curb painting. (FFD Development Policy 403.005) The curbside signs shall be at a minimum: a) The sign shall be at a minimum 12 x 18 inch sign with a white reflective background. b) The sign shall read “FIRE LANE NO PARKING” in minimum 3-inch red letters. c) Signs shall be placed at the beginning and end of the designated fire lane and be at 50-foot intervals. Directional arrows shall be placed on the signs to indicate the extent and direction of the fire lanes. d) Signs shall be set at least 18 inches but not more than 24 inches from the curb and must have a finished height of 7 feet to the bottom of the sign when adjacent to sidewalks. e) Signs shall not be obstructed by landscaping or street fixtures and shall be readily visible from a vehicle. Show/mark (number) all fire lines on plans.

2. Note on plan: Provide a graphic address directory at the primary drive entrance.

3. All private streets and driveways that are provided for common access and are required for Fire Department access shall be constructed to a minimum unobstructed width of 20 feet. For drives separated by a median, 15 foot minimum lanes are required.

4. Regardless of parking configurations, a minimum clear drive width of 20 feet shall be required. The Fire Marshal (or designee) may require increases in these widths. (FFD Development Policy 403.002)

5. Note on plan: All types of vehicle access shall maintain a minimum of 13 feet, 6-inch 05/06/2024

Page 2 of 4 ends

vertical clearance over the entire width of the access. (FFD Development Policy 403.002)

6. Note on plan: All building openings shall be accessible within 200 feet of a public street, private driveway, or other approved access. (FFD Development Policy 403.002).

7. Note on plan: Fire hose pull and equipment access is an unobstructed walkway which provides continuous access connecting vehicular access to all building openings and exterior storage areas. The walkway requires unobstructed 36-inch horizontal clearance around openings and continuous 7-foot vertical clearance. (FFD Development Policy 403.002)

8. Note on plan: Turns in private drives for fire apparatus access shall have minimum 44 foot centerline turn radius. Show turn radius on plan.

9. Most of the turns shown on the site plan do not comply with the minimum 44' centerline turn radius requirement of Fire and Solid Waste.

10.Where roof eaves are more than 30 feet in height, measured from grade, 26-foot driveways shall be located directly adjacent to at least one long side of the building. The aerial fire apparatus access shall extend at least 45 feet beyond each end of the building.

This allows for access to the corners of the building and to accommodate a set up area out of the collapse zone. Aerial fire apparatus access shall comply with all access and turnaround requirements. (FFD Development Policy 403.002)

11.Aerial fire apparatus access (near edge) shall be located a minimum 15 feet and a maximum 30 feet away from the building. (FFD Development Policy 403.002)

12.The 4-story building (35’ eave elevation) does not comply with the prescriptive requirement of FFD development standards for ladder truck deployment to have the adjacent edge of the fire access road no more than 30 feet away from the corners on one long side of the building.

One or more alternate means or methods of construction to accomplish the goal of providing adequate fire protection may be used, to be reviewed and approved by the Fire Department, including but not limited to:
a. Making on-site access to meet the aerial apparatus requirement, such as removing the parking spaces and carport nearest north of Building 5D, painting the curb red, and painting the area as a “No Parking” zone. b. A higher level of building construction type, the building is specified at a lower type of building construction which may be improved to a greater level of structural fire protection.
c. An increase in fire alarm design robustness by using automatic detection (including wiring survivability) resulting in the occupants being alerted to fire 05/06/2024

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earlier in a fire event (diminishing the requirement to provide rescue) and initiating fire response earlier in a fire event. This early occupant movement and early manual firefighting intervention could be used to offset the access issue since locating and suppressing the fire at an earlier stage means a lower chance of having to extend aerial ladders to initiate rescue, ventilation, etc. d. Other alternate means which would provide for the safety of residents may be proposed as well, to be reviewed and approved by the Fire Department.

13.An analysis of the current layout of Building “C” was made with consultation of the Fire Training Division, the truck ladder truck access to this building is acceptable as shown; any redesign of the layout prior to formal submittal will require further analysis.

14.Show the location of the fire sprinkler risers and the fire department connection. Fire department connections shall not be installed within five (5) feet of any building opening, excluding a fire department riser access door. (FFD Development Policy 405.025)

15.Fire department connections shall be located within forty (40) feet of a fire apparatus access lane. (FFD Development Policy 405.025)

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

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

18.As indicated on the site plan, Building “C” is required to have an NPFA 13 fire sprinkler system. By Water Division policy for 4 story residential buildings; the usual arrangement of an 8-inch combination domestic/fire water service for the apartment complex normally cannot be used for the 4 story building as the attic will be fire sprinklered with steel pipe.

With approval of the Water Division, use of the combination service may be permitted with the installation of a testable double check back flow prevention device (4-inch minimum Wilkins 350DA or equivalent) at the Building “C” sprinkler riser. This device must be registered with the Water Division and is subject to annual testing by a certified contractor with results provided to the Water Division. If the back flow assembly device use is approved by the Water Division, the two existing 6” fire services stubbed to the N. Prospect frontage could be used as a combination fire/domestic with 6-inch fire flow rated water meters provided the supply on site is upsized to 8 inch and is looped to the private hydrant. There are also a couple of 2” services stubbed in the frontage that could be used for irrigation. Applicant is advised to have the civil engineer consult with Fire on the site utility layout prior to submittal of those plans to Building and Safety.

19.Note on plan: Fire hydrants and access roads shall be installed, tested and approved and shall be maintained serviceable prior to and during all phases of development. The 4½ inch outlet shall face the access lane.
05/06/2024

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This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of DARM when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building.

PROJECT NO:

APN:

ADDRESS:

SENT:
2021-00989
3311 W. FIR AVE., FRESNO, CA 93711
500-200-27S, 29S, 500-200-28S June 23, 2021

PUBLIC AGENCY

JOSE VALENZUELA

DEVELOPMENT SERVICES/PLANNING

CITY OF FRESNO
2600 FRESNO ST., THIRD FLOOR
FRESNO, CA 93721

DEVELOPER

OWENSBY LINCOLN DAN OWENSBY JEAN NOVA

OWENSBY FAMILY LP
2037 WEST BULLARD AVENUE, SUITE 343
FRESNO, CA 93711
Drainage Area(s) Preliminary Fee(s)
AB $0.00
Development Review
Service Charge(s) Fee(s)
NOR Review $132.00 To be paid prior to release of District comments to Public Agency and Developer.

Grading Plan Review $673.00 Amount to be submitted with first grading plan submittal.

Storm Drain Plan Review For amount of fee, refer to www.fresnofloodcontrol.org for form to fill out and submit with first storm drain plan submittal (blank copy attached).

Total Drainage Fee: $0.00 Total Service Charge: $805.00 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 2/28/22 based on the site plan submitted to the District on 6/02/21 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 4 ends

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

1. a. Drainage from the site shall
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1

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 Private On-Site facilities located within the development or necessitated by any off-site improvements required by the approving agency:

X Developer shall construct facilities as shown on Exhibit No. 1 as PRIVATE ON-SITE SYSTEM TO BE CONSTRUCTED BY DEVELOPER.

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
Street Plan
X Storm Drain Plan
Water & Sewer Plan
Final Map
Drainage Report (to be submitted with tentative map)
Other
None Required

4. Availability of drainage facilities:

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).

X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service.

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 4 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.

Brent Sunamoto Gary W. Chapman
Assistant District Engineer, RCE Engineering Tech III
Digitally signed by Brent Sunamoto Date: 6/23/2021 12:56:13 PM Digitally signed by Gary W. Chapman Date: 6/22/2021 4:14:04 PM 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

Page 3 of 4 ends

Pursuant to the District's Development Review Fee Policy, the subject project shall pay review fees in the amount identified below for Storm Drain Review. The fee shall be paid to the District by Developer with first plan submittal. Checks shall be made out to Fresno Metropolitan Flood Control District.

Application No.

Name / Business
FR DPA 2021-00989
Project Address
Project APN(s)
Project Acres (gross)

OWENSBY LINCOLN DAN OWENSBY JEAN NOVA OWENSBY FAMILY
LP
3311 W. FIR AVE., FRESNO, CA 93711
500-200-27S, 29S, 500-200-28S

3.78 Please fill in the table below of proposed storm drain facilities to be constructed with this development and return completed form with first plan submittal. If you have any questions or concerns regarding the construction of facilities list, you can contact the Fresno Metropolitan Flood Control District at 559-456-3292.

Description Qty Unit Price Amount
Estimated Construction Cost
Amount Due
$375.00 plus 3% of the estimated construction costs Total ($300.00 gross per acre) $1,134.00 Fee equals lesser of
Description Qty Unit Price Amount
Storm Drain Facilities
Cost Sheet
15" Concrete Pipes $91.00 LF
18" Concrete Pipes $96.00 LF
24" Concrete Pipes $108.00 LF
30" Concrete Pipes $128.00 LF
36" Concrete Pipes $159.00 LF
42" Concrete Pipes $184.00 LF
48" Concrete Pipes $214.00 LF
54" Concrete Pipes $261.00 LF
60" Concrete Pipes $307.00 LF
66" Concrete Pipes $364.00 LF
72" Concrete Pipes $419.00 LF
84" Concrete Pipes $469.00 LF
96" Concrete Pipes $508.00 LF
15" Jacked Pipes $555.00 LF
18" Jacked Pipes $608.00 LF
24" Jacked Pipes $687.00 LF
30" Jacked Pipes $766.00 LF
36" Jacked Pipes $846.00 LF
42" Jacked Pipes $898.00 LF
48" Jacked Pipes $951.00 LF
54" Jacked Pipes $1,031.00 LF
60" Jacked Pipes $1,110.00 LF
66" Jacked Pipes $1,216.00 LF
72" Jacked Pipes $1,374.00 LF
84" Jacked Pipes $1,533.00 LF
Manholes $5,400.00 EA
Inlets & Laterals $4,450.00 EA
Outfalls $16,300.00 EA
Canal Outfalls $30,000.00 EA
Basin Excavation $1.00 CY

IMPROVEMENTS ADJACENT

TO BASIN
Fence, Pad, and Gate $40.00 LF
Mowstrip $20.00 LF
Arterial Paving $82.00 LF
Local Paving $53.00 LF
Curb and Gutter $30.00 LF
Sidewalk $70.00 LF
Sewer Line $30.00 LF
Water Line $31.00 LF
Street Lights $70.00 LF
Pump Station/Intake $500,000.00 EA
5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

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FR DPA
2021-00989
18 §
''AB''
''AD''
''AC''
Bullard No. 124
H-Ditch No. 128

FIR AVE

HERNDON AVE

ARBOR DR

PROSPECT
AVE
REFI
N
EM
ENT
DR
FUSION
DR

ORATORIO
DR

REFLECTIONS DR

HARMONY
DR

VALENTIN
E
AVE

INSPIRATION
DR
30 18
24 30
30 30
24 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
EXHIBIT NO. 1
FR DPA 2021-00989
Prepared by: danielg
Date: 6/22/2021
Path: K:\Autocad\DWGS\0EXHIBIT\CITYDPA\2021-00989.mxd
O
1 " = 200 '
DRAINAGE AREA "AB"
LEGEND
NOTE: THIS MAP IS SCHEMATIC.

DISTANCES, AMOUNT OF CREDITABLE

FACILITIES, AND LOCATION OF INLET
BOUNDARIES ARE APPROXIMATE.

Existing Master Plan Facilities
Inlet Boundary
Drainage Area Boundary
Direction Of Drainage
Existing FID Facilities
Existing Private Facilities ð
§
Private On-Site System To Be Constructed By Developer
In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system.

The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff.

Development No. FR DPA No. 2021-00989

OTHER REQUIREMENTS
EXHIBIT NO. 2
2600 Fresno Street
Fresno, California 93721-3604
Fresno County Environmental Health Comments:

Public Health
06/22/2021
Recommended Conditions of Approval:
• Construction permits for the proposed development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116.
• Construction permits for the proposed development should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project.

Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking Water-Southern Branch. For more information call (559) 447-3300. • Prior to issuance of building permits, the applicant shall submit complete pool/spa facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Recreational Health Program at (559) 600-3357 for more information.
• The applicant shall apply for and obtain a permit to operate a public swimming pool/spa from the Fresno County Department of Public Health, Environmental Health Division. A permit, once issued, is nontransferable. Contact the Recreational Health Program at (559) 600-3357 for more information.
• The proposed construction project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City’s municipal code. • If the applicant proposes 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. • Should any underground storage tank(s) are found during construction, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information. 10/19/2023

Page 2 of 2 ends

• 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.

DEPARTMENT OF PUBLIC WORKS
TO: Mindi Mariboho, Development Services Coordinator
DARM, Planning Division
FROM: Hilary Kimber, Parks Supervisor II (559.621.1345) Public Works, Street Maintenance Division
DATE: May 28, 2021
SUBJECT: P21-00989; (APN: 500-200-27S; 28S & 29S) located on the NW corner of W.

Herndon and N. Prospect Avenues. The Department of Public Works has reviewed the proposed Apartment Complex and offers the following comments regarding the requirements for landscaping and irrigation in the street right-of-ways, landscape easements, outlots and median islands:

GENERAL REQUIREMENTS

STREET TREE REQUIREMENTS

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

The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with AB 1881.

2. The designated street trees for W. Herndon Ave. are:

Platanus acerifolia ‘Columbia Columbia Sycamore and/or
Quercus Virginiana Southern Live Oak
The designated street tree for N. Prospect Ave. is:

There is no designated street tree for N. Prospect Ave. Please choose an appropriate street tree from the List of Approved Street Trees found online at fresno.gov/departments/public works/developer doorway/landscape plans.

The designated street tree for W. Fir Ave. is:

Pistacia chinensis ‘Keith Davey’ Keith Davey Chinese Pistache

3. Street Tree Planting by Developer:
a. Street tree inspection fees shall be collected for each 40' of public street frontage. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works “Standard Specifications.”
c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting.
d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno.

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

BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS

1. The subdivider shall provide long term maintenance for all proposed landscaped areas by either petitioning for annexation in the Community Facilities District or by forming a Home Owner’s Association.

2. Maintenance Service Through Annexation into the Community Facilities District.

Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to have landscaping maintained by annexing into the City’s Community Facilities District.

A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with AB1881, water efficient landscaping.

B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible.

C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division.

TRAIL REQUIREMENTS

1. The trail shall be constructed in accordance with the “Master Trails Manual” and the Public Works Department standards. The subdivider is responsible for the trail construction.

The subdivider is responsible for all landscape and irrigation improvements for and within the trail. Construction plans shall be submitted and shall include landscaping and automatic drip irrigation design. Trail cross-sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review and approval. These plans shall be in compliance with current City standards and approved by the Department of Public Works.

Landscaping within the regional/multipurpose trail shall include large, medium and low-growing shrubs planted from 3 to 6 feet apart depending on variety, and trees spaced approximately 25 to 45 feet apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with “Landscaped Buffer Development Standards.” All planting areas shall be irrigated with an automatic system.

PLANS SUBMITTAL

1. All existing trees to remain will need to have the parkstrips and tree wells upgraded to City standards. They will also need to be incorporated into a new irrigation system that also includes newly planted trees.

2. All landscaping and irrigation plans within the City right-of-way are to be submitted to [email protected] to the scale of 1”=20’ prior to the installation of any landscaping.

Page 1 of 5 ends

6/23/2021
P21-00989 FIR 3311 W.doc

SUBJECT: Conditions of Approval for P21-00989
DATE: June 23, 2021
TO: Jose Valenzuela, Planner III
Planning and Development Department
FROM: Andreina Aguilar, Engineer II
Public Works Department, Traffic Planning Section
ADDRESS: 3311 West Fir Avenue
APN: 500-20-027S, 500-20-028S, 500-20-029S
ATTENTION:

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

A. GENERAL REQUIREMENTS

1. Address: Obtain the project address from the Planning and Development Department.

2. Legal description: Provide legal description.

3. Required Notes: Revise General Notes to include the required Public Works Department notes.
a. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California.
b. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy. c. 2 working days before commencing excavation operations within the street right-of way and/or utility easements, all existing underground facilities shall have been located by UNDERGROUND SERVICES ALERT (USA). CALL 1- 800-642-2444
d. The performance of any work within the public street right-of-way requires a street work permit prior to commencement of work. All required street improvements must be completed and accepted by the City prior to occupancy. https://www.fresno.gov/publicworks/traffic-engineering/#tab-6 e. 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.
f. Submit street lighting plans to the Public Works Department. https://www.fresno.gov/publicworks/traffic-engineering/#tab-4

Page 2 of 5 ends

6/23/2021
P21-00989 FIR 3311 W.doc
g. 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.
h. Contact the Public Works Department, Traffic Engineering at 559-621-8800, 10 working days prior to any offsite concrete construction. i. All existing sidewalks in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works.

B. OFFSITE INFORMATION:

1. Section and Center Lines: Identify centerlines and section line.

2. Public Street Improvements: Identify and/or revise the following. a. Sidewalk drains
b. Emergency Vehicle Access (or driveway approach)
c. Curb ramps
d. Streetlights: May be required, contact Melessa Avakian at [email protected].
e. Undergrounding of overhead utilities

3. 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. Gates:

Multi-Family: Maintain a minimum of 75’ from the proposed gate to the back of walk/pedestrian easement, for vehicle stacking at the main gate.

Where the entry is divided, each side shall provide for a minimum opening of 16’ each.

Page 3 of 5 ends

6/23/2021
P21-00989 FIR 3311 W.doc

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 due 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 Works Standards, Specifications and the approved street plans.

Repair all damaged and/or off grade off-site concrete street improvements as determined by the City of Fresno Public Works 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.

Underground all existing overhead utilities within 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 overhead, surface or sub-surface structures and appurtenances in the public right of way is prohibited unless an Encroachment Covenant is approved by the City of Fresno Public Works Department, Traffic and Engineering Services Division, (559) 621-8693. Encroachment Covenant must be approved prior to issuance of building permits.

Herndon Avenue: 6-Lane Expressway
(Provide the following as notes on the site plan.)

1. Construction Requirements:
a. If not existing, install landscaping per the Fresno General Plan, the City of Fresno Public Works Standards, and the Caltrans Highway Design Manual Chapter 1000 for Class I Bikeways (Bike Paths). Contact Hilary Kimber at [email protected] .

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

1. Construction Requirements:
a. The proposed street type approach shown as a modified P-77 and P-10. b. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). c. If required, construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall

Page 4 of 5 ends

6/23/2021
P21-00989 FIR 3311 W.doc
conform to Public Works Standard E-9B for Locals. Contact Melessa Avakian at [email protected].
d. Construct concrete curb ramps per Public Works Standards P-28 and P-32 at the traffic circle.
e. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B.

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

1. Construction Requirements:
a. Construct a concrete Emergency Vehicle Access (EVA) per Public Works Standard P-67 or construct driveway approach per Public Works Standard P2 and P-6. Notes on site plan are conflicting. b. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C).

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 transitions as necessary based on a 45 MPH design speed for Collectors and 55 MPH for Arterials. Utility poles, streetlights, signals, etc. shall be relocated as determined by the City Engineer. The performance of any work within the public right of way and/or easements (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 public right-of-way and/or easements. All improvements shall be constructed in accordance with the City of Fresno, Public Works Department Standard Drawings and Specifications. Traffic Control Plans shall be required to ensure the sidewalk, or an approved accessible 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, completed, 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 underground facilities shall have been located by Underground Services Alert (USA) Call 811.

Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of California.

PRIVATE IMPROVEMENT REQUIREMENTS
Off-Street Parking Facilities and Geometrics:

Page 5 of 5 ends

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P21-00989 FIR 3311 W.doc
Contact the Planning and Development Department 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 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.

Provide corrections as noted on Exhibit “A1-A7”.

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 New Growth Area; therefore pay all applicable growth area fees and citywide 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 street or building permit approval from the Public Works Department, an approval stamp with a signature from Traffic Planning is required on the site plan and inserted in the building sets.

Questions relative to these conditions may be directed to Andreina Aguilar (559) 621- 8674 or [email protected] in the Public Works Department, Traffic Planning Section.

SITE PLAN WEST FIR AVENUE
NORTH PROSPECT AVENUE DIMENSIONED REFERENCE MAP 05.26.21 PA1 WEST HERNDON AVENUE PROJECT SITE ORCHARD PARK FORKNER ELEM.

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

VACANT COMMERCIAL (OFFICE) PROPERTY

EXISTING SINGLE FAMILY RESIDENCES LEGAL DESCRIPTION KEYNOTES Z:\2020\0200305 - Herndon and Prospect Apartments\PA1- Dimensioned Site Plan.dwg, 5/26/2021 8:39:22 AM, svinc APPL. NO.____________EXHIBIT_________DATE________
PLANNING REVIEW BY_________________DATE_________
TRAFFIC ENG.________________________DATE_________
APPROVED BY_______________________ DATE_________

CITY OF FRESNO DARM DEPT
P21-00989 zzzzzzzzza-1 06/02/2021 STREET CENTERLINE PROVIDE NUMBER REVISE. DOES NOT MATCH RECORDS. 13.64'? PROVIDE DIMENSION OFEXISTING SIDEWALK. 7'?
PROVIDE DIMENSIONOF EXISTINGSIDEWALK. 7'?
PROVIDE DIMENSION.4' CLEAR PATH OFTRAVEL REQUIRED. IF EXISTING, SHOWACCURATLEY.

REVISE SITE PLAN.CONSTRUCT CURB RAMPSPER PW STDS P-28 AND P-32.PROVIDE A 4' CLEAR PATHOF TRAVEL BEHIND RAMP.

SEE DETAIL 1 ONSHEET PA-1.3
PROVIDE DIMENSIONOF EXISTINGSIDEWALK.

PROVIDE DIMENSIONOF EXISTING TRAIL. PROVIDE DIM. 4'MIN.

PROVIDE DIM.
4'MIN.

REVISE.11'?
IDENTIFY THE 4' CLEAR PATHOF TRAVEL AROUNDHYDRANT. SIDEWALK MAYNEED TO BE EXTENDED.CONSTRUCT PER PW STDP-5.

REVISE TO MEET PW STDP-67. OR CONSTRUCT TOPW STD P-2 AND P-6 FORA RESIDENT USEDCOMMERCIAL DIVEAPPROACH AND MOVEGATE BACK A MIN OF 20'.

REVISE WIDTH. 20' PER PW STDP-67.

PROVIDE LEGALDESCRIPTION ON THE SITEPLAN.
86'?
76 ft
STREET SECTION LINE.

REVISE. MEDIAN NOT TO BEWITHIN PED EASEMENT.

ONSITE IS REVIEWED AND APPROVED BY THEPLANNING AND DEVELOPMENT DEPARTMENT FORCOMPLIANCE WITH THE PARKING MANUAL.

CLOUD REVISIONS WHEN RE-SUBMITTING EXHIBITSWITH EACH ITERATION.

MAKE CORRECTIONS PER TRAFFIC ENGR. REVIEW #1REVIEWED BY:__ANDREINAA___ DATE:___06/23/2021_ PROVIDE DIM. 10'? ACCURATELY SHOWTHE EXISTINGSIDEWALK PATTERNTHAT IS TO BE TIEDTOO, TO THE EAST.RECORDS SHOW 8' FACE OF CURB TO A5' SIDEWALK. (11' R/WAND 2' PE)

SITE PLAN WEST FIR AVENUE
NORTH PROSPECT AVENUE NOTED 05.25.21 PA1.1 WEST HERNDON AVENUE

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 KEYNOTES COMPACT COMPACT Z:\2020\0200305 - Herndon and Prospect Apartments\PA1.1- Noted Site Plan.dwg, 5/26/2021 8:40:27 AM, svinc APPL. NO.____________EXHIBIT_________DATE________
PLANNING REVIEW BY_________________DATE_________
TRAFFIC ENG.________________________DATE_________
APPROVED BY_______________________ DATE_________

CITY OF FRESNO DARM DEPT
P21-00989 A-2 06/02/2021 AND P-58. IDENTIFY EXISTING UTILITY POLE TO BE UNDERGROUNDED / REMOVED. ADD SIDEWALKS. REVISE LIGHT STANDARDS TO E-1 AND E-9B.

REVISE SITE PLAN ANDNOTE, TO MEETSTANDARD.CONSTRUCT ANEMERGENCY VEHICLEACCESS APPROACHPER PW STD P-67.

IDENTIFY THE 4' CLEAR PATHOF TRAVEL AROUNDHYDRANT.

SEE DETAIL 1 ONSHEET PA-1.3

IDENTIFY THERELINGUISHMENT OFACCESS ALONG PROSPECTAND HERNDON, REVISE SITE PLAN.CONSTRUCT CURB RAMPSPER PW STDS P-28 AND P-32.PROVIDE A 4' CLEAR PATHOF TRAVEL BEHIND RAMP. IDENTIFY EXISTING 5' PE REVISE. MEDIAN NOT TO BEIN PED EASEMENT
PER MODIFIED PW STDP-77.

IDENTIFY SIDEWALKDRAINS.

ONSITE IS REVIEWED AND APPROVED BY THEPLANNING AND DEVELOPMENT DEPARTMENT FORCOMPLIANCE WITH THE PARKING MANUAL.

CLOUD REVISIONS WHEN RE-SUBMITTING EXHIBITSWITH EACH ITERATION.

MAKE CORRECTIONS PER TRAFFIC ENGR. REVIEW #1REVIEWED BY:__ANDREINAA___ DATE:___06/23/2021_ STOP SIGN NOT REQUIRED FOR EVA.

THE USE OFTHISAPPROACH ISUNCLEAR,CONTACTANDREINA.

INSTALL STREET LIGHT, IFREQUIRED. CONTACTMELESSA AVAKIAN.

ACCESSIBILITY NOTES SITE NOTES ENVELOPE NOTES MANUFACTURED DOORS AND WINDOWS: SITE CONSTRUCTED DOORS, WINDOWS AND SKYLIGHTS: EXTERIOR JOINTS: INSTALLED INSULATING MATERIAL: ALL INSULATING MATERIALS: FIRE SPRINKLER NOTES GENERAL NOTES INSPECTION NOTES INSULATION NOTES 12.16.20 PA1.2 ABBREVIATIONS

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

NEC WEST HERNDON & NORTH PROSPECT AVENUE
FRESNO, CALIFORNIA Of Sheets FRESNO, CA. 200305 HERNDON & PROSPECT Project Number: Plot Date: Sheet Number: Project Name: Reference North: Scale: Date: BACK CHECK CONSTRUCTION AS BUILT PERMITS Issuances: DESIGN REVIEW PLAN CHECK Project Architect: Revisions Date T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 Z:\2020\0200305 - Herndon and Prospect Apartments\PA1.2 - General Notes.dwg, 2/18/2021 3:38:34 PM, svinc APPL. NO.____________EXHIBIT_________DATE________
PLANNING REVIEW BY_________________DATE_________
TRAFFIC ENG.________________________DATE_________
APPROVED BY_______________________ DATE_________

CITY OF FRESNO DARM DEPT
P21-00989 A-3 06/02/2021 ... 15-2017 AND PUBLIC WORKS POLICY 260.01. ADD ALL NOTES LISTED IN THE CONDITIONS OF APPROVAL. REVISE WORDING. ONSITE IS REVIEWED AND APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT FOR COMPLIANCE WITH THE PARKING MANUAL. CLOUD REVISIONS WHEN RE-SUBMITTING EXHIBITS WITH EACH ITERATION. MAKE CORRECTIONS PER TRAFFIC ENGR. REVIEW #1 REVIEWED BY:__ANDREINAA___ DATE:___06/23/2021_

05.25.21 PA1.3

LAND VALUE
PROPOSED APARTMENTS FOR:

MANAGEMENT

REDUCE WIDTH. 20' PER PW STD P-67. ATTENTION: THE STANDARD WAS RECENTLYREVISED, CHECK ONLINE FOR LATESTSTANDARDS.

EVA GATES? 5' (E) PE
REVISE SITE PLAN.CONSTRUCT CURB RAMPS PER PW STDS P-28 AND P-32.PROVIDE A 4' CLEAR PATH OF TRAVEL BEHIND THERAMP.

REVISE. MEDIAN NOT TO BEWITHIN PED EASEMENT 7'? 7'? MODIFIED P-77.

REVISE OUT OF THEVISIBILITY TRIANGLE.

ONSITE IS REVIEWED AND APPROVED BY THEPLANNING AND DEVELOPMENT DEPARTMENT FORCOMPLIANCE WITH THE PARKING MANUAL.

CLOUD REVISIONS WHEN RE-SUBMITTING EXHIBITSWITH EACH ITERATION.

MAKE CORRECTIONS PER TRAFFIC ENGR. REVIEW #1REVIEWED BY:__ANDREINAA___ DATE:___06/23/2021_

CITY OF FRESNO

DEVELOPMENT AND IMPACT FEE ESTIMATE
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 4" 1 EA. $22,300.00 $22,300.00 [1] [6] Irrigation Meter Charge 2" 1 EA. $530.00 $530.00 [1] [6] Time & Materials Charge 6" Fire 1 EA. $15,000.00 …existing Frontage Charge 894 L.F. $6.50 $5,811.00 [1] [6]
Water Capacity Fee 4" 1.00 EA. $36,157.32 $36,157.32 [1] [6] Water Capacity Fee 2" 1.00 EA. $14,461.71 $14,461.71 [1] [6] Total Water Connection Charges $79,260.03 [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 74,000 Sq.Ft. $0.10 $7,400.00 [6]
Oversized Sewer Charge UGM 74,000 Sq.Ft. $0.05 $3,700.00 [6] Wastewater Facilities Charge STEP [3] [3] [4] [7]
Trunk Sewer Charge Herndon STEP [3] [3] [5] [7]
Total Sewer Connection Charges $11,100.00 [3]

CITYWIDE/REGIONAL IMPACT FEES
Service Area Quantity Units Fee Rate Amount Due Notes
Citywide Fire Facilities Impact Fee Multi-Family 88 Units $1,774.37 $156,144.56 [7] Citywide Park Facility Impact Fee Multi-Family 88 Units $3,921.33 $345,077.04 [7] [9] Citywide Police Facilities Impact Fee Multi-Family 88 Units $736.01 $64,768.88 [7] Citywide Regional Street Charge Multi-Family 3.70 AC $17,360.97 $64,235.59 [6] New Growth Area Major Street Charge Multi-Family 3.70 AC $54,385.63 $201,226.83 [6] Citywide Traffic Signal Charge Multi-Family 88 Units $601.64 $52,944.32 [6] Total Citywide/Regional Impact Fees $884,397.22
Total Fees and Charges $974,757.25
P21-00989
June 22, 2021 (...Updated: 3/22/2024 )
500-200-27S, 28S, 29S
+/- 2.97 net acres, 3.70 adj gross acres
88 Living Units
RM-2/EA/UGM/cz
Multi-Family Development - 3311 W. Fir Avenue S/A
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.

Residential Multi-Family, Urban Neighborhood
See notes on page 2 Printed 3/22/2024 Page 1

CITY OF FRESNO

DEVELOPMENT AND IMPACT FEE ESTIMATE
NOTES:
[6] Due at Building Permit
[7] Due with Certificate of Occupancy
[9] Parks fee applicable only to residential developments Prepared and Reviewed By: Frank Saburit Date: March 22, 2024 (559) 621-8797 NOTICE OF 90-DAY PROTEST PERIOD (GOVERNMENT CODE §66020(d)(1)) A protest filed pursuant to subdivision and/or development (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun.
● The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009-01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Please contact the Council of Fresno County Governments (FCOG) at (559) 233-4148 to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue the Certificate of Occupancy. ● On December 8, 2016, Fresno City Council adopted Resolution No. 2016-258, effective July 1, 2018, administratively updating the impact fees adjusted by this resolution annually to the percentage change in the 20-City Construction Cost Index as reported in the Engineering News Record (ENR) for the 12-month period ending of May of the year of adjustment. ● Payment of Fresno Metropolitan Flood Control District (FMFCD) impact fees may be required. Please contact FMFCD at (559) 456- 3292 to determine fee obligation.
● Payment of applicable school district fees is required prior to issuance of Building Permit. Please contact the respective school district to satisfy your fee obligation. Confirmation by the respective school district is required before the City of Fresno can issue building permits
[3] Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153).
[4] The Wastewater Facilities Charge (WWFC) is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For Condominium conversions, WWFC may stay in the S.T.E.P. if the project continues to be master metered for water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees. [2] Sewer House branches to be installed by Developer at the Developer's cost.

Outside agencies developer impact fees: It is the developer's responsibility to contact those agencies for their fee estimates.

These agencies include but are not limited to; Fresno County, Council of Fresno County Governments (FCOG), Fresno Metropolitan Flood Control District (FMFCD), various School Districts that serve the City of Fresno, etc.

Within the City of Fresno's sphere of influence there are other sewer and water utility providers. If the project is within one of those districts, the developer must provide confirmation from the representitive Districts that all conditions for sewer and/or water connections and services have been satisfied, prior to issuance of a Building Permit. [1] Fees for Water Service Connections and/or Meters, and Water Capacity due at time of development. Charges based on service and/or meter sizes, (Rates as established by the Master Fee Schedule), determined by the Developer.

City of Fresno Public Works Department
Land Division & Engineering
[5] The Trunk Sewer Charge is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For Condominium conversions, Trunk Sewer Charges may stay in the S.T.E.P. if the project continues to be master metered for water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees. [10] Fee not applicable on replacement or reconstruction of an existing structure that has been destroyed or demolished provided that the Building Permit for new construction is obtained within one year after the building is destroyed or demolished, and there is no change in the land use designation. (Res. Nos. 2005-428, 429) [11] Subject to the acceptance date of the vesting tentative map, fee may not be applicable until 2-years after the date of Final Map recordation; when applicable, fee is due at Building Permit for all un-developed lots at the fee rate then in effect. [8] Construction Fee Credits may be applicable. Contact the Public Works Engineering Services Division at (559) 621-8685 for more information.

See notes on page 2 Printed 3/22/2024 Page 2
Exhibit I

CITY OF FRESNO

CATEGORICAL EXEMPTION

ENVIRONMENTAL ASSESSMENT FOR
DEVELOPMENT PERMIT APPLICATION NO. P21-00989

THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY

EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.

APPLICANT: Jamie Huelskamp
Park 7, LLC
155 West Shaw Avenue, Suite 307
Fresno, California 93710
PROJECT LOCATION: 7056 North Prospect Avenue; Located on the northeast corner of West Herndon and North Prospect Avenues in Fresno
APNs: 500-200-28S, -27S, -29S
(Council District 2)
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/onebathroom 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 pedestrian 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 West 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.

This project is exempt under Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines.

Section 15332/Class 32 (Class 32/In-Fill Development Projects) of the CEQA Guidelines exempts from the provisions of CEQA, projects characterized as in-fill development, which meet the following conditions:
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

Given the conditions of approval, the proposed multi-unit residential project will meet all the provisions of the Fresno Municipal Code (FMC). The project is consistent with the Fresno General Plan designation, policies, and zoning. The existing RM-2/EA/UGM/cz (Multi- Family Residential, Urban Neighborhood/Expressway Overlay/Urban Growth Management/conditions of zoning) zoning designation is consistent with the Urban Neighborhood Residential planned land use designation approved for this site by the Fresno General Plan, Bullard Community Plan, and the Fresno County Airport Land Use Compatibility Plan. The proposed development was reviewed for density and massing standards and no inconsistencies were found with the proposed setbacks, landscape standards, density or lot coverage. The project proposes a density of 22.16 dwelling units per acre where the allowable density range is between 16 and 30 dwelling units per acre.

The project complies with all applicable development standards for properties located in the RM-2 zone district and Expressway Area Overlay zone district. It can be concluded that the proposed multi-family residential project conforms to the development standards of the Urban Neighborhood planned land use designation and RM-2/EA zone district. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The proposed project is located within City limits, occurs on a vacant site of approximately

3.7 acres, which is less than the five-acre maximum, and is surrounded by other urban uses. An existing single-family residential neighborhood is located east of the project site.

The property to the west is currently vacant and planned and zoned for Employment – Offices uses. The property to the north has been developed with a neighborhood park (Orchid Park). Properties further to the northwest and northeast have been developed with an elementary school (Forkner Elementary School) and single-family residential neighborhoods.
c) The project has no value as habitat for endangered, rare or threatened species.

The subject property is substantially surrounded by urban uses, including a park to the north, and single-family residential neighborhoods to the east and south. The subject property is relatively small flatland and no trees. Due to the noted circumstances of the subject property, it is staff’s finding that the subject site has no value as habitat for endangered, rare or threatened species.
d) Approval of the project would not result in any significant effects relating to traffic, noise,air quality, or water quality.

The proposed project was routed to the San Joaquin Air Pollution Control District, the City of Fresno Public Utilities Department-Water Division, the City of Fresno Public Works Department – Traffic Planning Section, and the Fresno Metropolitan Flood Control District, and no significant effects were identified relating to traffic, noise, air quality, or water quality.

Traffic
The Fresno General Plan designates West Herndon Avenue as an expressway and North Prospect and West Fir Avenues as local streets. The project will take direct vehicular access from one access point on North Prospect Avenue via a private gated entrance.

The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed application and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division memorandum dated June 23, 2021. These requirements include: (1) Right-of-way dedications and improvements; and, (2) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and the Regional Transportation Mitigation Fee.

The State CEQA Guidelines were amended to implement SB 743, by adding Section 15064.3. Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities is no longer a relevant CEQA criteria for transportation impacts.

A lead agency may use models to estimate a project’s [VMT] and may revise those estimates to reflect professional judgement based on substantial evidence. Any assumptions used to estimate [VMT] and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.” On June 25, 2020, the City of Fresno adopted CEQA Guidelines for VMT Thresholds, pursuant to SB 743 to be effective as of July 1, 2020. The thresholds described therein are referred to herein as the City of Fresno VMT Thresholds. The City of Fresno VMT Thresholds document was prepared and adopted consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7. The December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) published by the Governor’s Office of Planning and Research (OPR), was utilized as a reference and guidance document in the preparation of the City of Fresno VMT Thresholds.

The City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a variety of projects that may be screened out of a VMT analysis including specific development and transportation projects. For development projects, conditions may exist that would presume that a development project has a less than significant impact. These may be size, location, proximity to transit, or trip-making potential. For transportation projects, the primary attribute to consider is the potential to increase vehicle travel, sometimes referred to as “induced travel.”
The proposed project is eligible to screen out because pursuant to the City of Fresno VMT Thresholds Section 3.0 (Project Screening), the project proposes an average daily trip (ADT) generation of 461 based on the 11th edition of the ITE Trip Generation Manual, which is lower than an ADT of 500 which is considered as a measurement to screen out of VMT.

Noise
The project is a new multi-unit residential development. The project will occur on a site that is currently vacant which is planned and zoned for multi-unit residential uses and is one of the last few remaining vacant properties within the vicinity to be developed. Furthermore, the project site is located in a developed neighborhood. Immediate properties to the north have been developed with a park; properties to the east have been developed with single family residences; property to the west is currently vacant; and Forkner Elementary school is currently located to the northwest. Furthermore, the site is located adjacent to Herndon Avenue which is designated as an Expressway.

Short-term Noise Impacts
The construction of a project involves both short-term, construction related noise, and longterm noise potentially generated by increases in area traffic, nearby stationary sources, or other transportation sources. The Fresno Municipal Code (FMC) allows for construction noise in excess of standards if it complies with the section below (Chapter 10, Article 1, Section 10-109 – Exceptions). It states that the provisions of Article 1 – Noise Regulations of the FMC shall not apply to:

Construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the city or other governmental agency, or to site preparation and grading, provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday.

Thus, construction activity would be exempt from City of Fresno noise regulations, as long as such activity is conducted pursuant to an applicable construction permit and occurs between 7:00 a.m. and 10:00 p.m., excluding Sunday. Therefore, short-term construction impacts associated with the exposure of persons to or the generation of noise levels in excess of standards established in the general plan or noise ordinance or applicable standards of other agencies would be less than significant.

Long Term Noise Impacts
The proposed project includes development of multi-family units. FMC Section 10-102(b) states residential zoned properties shall not exceed 50 dB from 10:00 p.m. to 7:00 a.m., 55 dB from 7:00 p.m. to 10:00 p.m. and 60 dB from 7 a.m. to 7 p.m. In addition, the Noise Ordinance states commercial zoned properties shall not exceed 60 dB from 10:00 p.m. to 7:00 a.m., 65 dB from 7:00 a.m. to 10:00 p.m. As previously mentioned, the immediate vicinity consists of existing single family residential, park, and public institutional uses which will produce noise levels similar to noise levels produced by the proposed project. Although the project will create additional activity in the area, the project will be required to comply with all noise policies from the Fresno General Plan and noise ordinance from the FMC.

Noise Exposure from Transportation Noise Sources
The FMC’s Noise Ordinance states that the maximum noise exposure for residential land uses from transportation related sources should be 65 dB for exterior exposure and 45 dB for interior exposure.

An Acoustical Study was completed for the project dated January 14, 2021, and the recommendations that are included as conditions of approval are as follows:
• A sound wall constructed along the project site property line with West Herndon Avenue, constructed to a minimum height of six feet (6’) above project grade elevation would reduce exterior noise levels within first-floor patios below the City’s maximum exterior noise level standard.

The south-facing individual units with balconies on the 2nd through 4th floors in the building closest to West Herndon Avenue can be exempted from the exterior noise requirements of Fresno Municipal Code (FMC) Table 15-2506-B (Noise Exposure from Transportation Noise Sources). The exemption is allowed if balconies are not included in on-site open space calculations. Only balconies on the 2nd through 4th floors of the south-facing side of the building closest to West Herndon Avenue were excluded from the on-site open space calculations, thus also being exempted from the exterior noise requirements of the FMC.

The acoustical study recommended a minimum six-foot (6’) tall sound wall be required.

Pursuant to FMC Section 15-1604(C)(1)(c), the Expressway Area (EA) Overlay District development standards for residential districts requires, “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.” Considering the acoustical study recommended a minimum 6’ tall sound wall, the EA Overlay District development standards require a minimum eight-foot (8’) sound wall, earth berm, or combination of both. The project is conditioned to require the EA Overlay District development standard requirement, specifically, an 8’ sound wall.

All proposed multi-family residential unit will comply with the City of Fresno interior noise level standard of 45 dB Ldn without the need for mitigation measures, given that mechanical ventilation or air conditioning is provided for all units so that windows and doors can remain closed for sound insulation purposes.

Air Quality
The San Joaquin Valley Air Pollution Control District (District) has published guidance on determining potential significant impacts and potential mitigation of significant impacts in its Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI).

The District has established thresholds of significance for criteria pollutant emissions which are based on the District's New Source Review (NSR) offset requirements for stationary sources. Using the project type, size, and number of vehicle trips, the District has prequantified emissions and determined values below which it is reasonable to conclude that a project would not exceed applicable thresholds of significance for criteria pollutants.

In the interest of streamlining CEQA requirements, projects that fit the below descriptions up to the project sizes indicated and are below both of the corresponding non-Heavy-Heavy Duty Trucks (HHDT) and HHDT trip lengths, are deemed to have a less than significant impact on air quality and as such are excluded from quantifying criteria pollutant emissions for CEQA purposes.

According to the Small Project Analysis Level (SPAL) Table 1 Residential, Apartment, MidRise with a size of 225 dwelling units and 800 or less average daily one-way trips for all fleet types of 800 or less are deemed to be less than significant.

Using the ITE Trip Generation Rates 11th Edition, the subject project (82-unit apartments) would generate 461 average daily trips (two-way trips). Thus, it is less than the SPAL 800 average daily one-way trip threshold.

The project as described will not occur at a scale or scope with potential to contribute substantially or cumulatively to existing or projected air quality violations or impacts.

Water Quality
Fresno Metropolitan Flood Control (FMFCD) provided comments on June 23, 2021, which stated that conveyance should be directed towards the southeast area of the property onto private drainage facilities and further connect to existing facilities. On-site grading will be reviewed by the City of Fresno Building Division and FMFCD for compliance with storm water conveyance and pollution prevention.

The project site is mostly flat and the project would not substantially alter the existing drainage pattern of the site or area. The project site does not have a stream or river. The project would not result in substantial erosion or siltation on- or off-site, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor off-site. The project would not impede or redirect flood flows and the project site is not in a location that is prone to flood hazard, tsunami, or seiche zones, and is not at risk of release of pollutants due to project inundation.

The final storm drainage design will be developed at the improvement plan stage of the project. The storm drainage plan will be supported by engineering calculations to ensure that the project does not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff.

The applicant will be required to comply with all requirements of the City of Fresno Department of Public Utilities that will reduce the project’s water impacts to less than significant. When development permits are issued, the subject site will be required to pay drainage fees pursuant to the Drainage Fee Ordinance.

Therefore, compliance with conditions of approval will ensure that the proposed project will not result in any significant effects relating to traffic, noise, air quality, and water quality. e) The site can be adequately served by all required utilities and public services.

The site has been reviewed and conditioned by the Fresno Irrigation District, Fresno Metropolitan Flood Control District, Fresno County Public Health, City of Fresno Public Works, City of Fresno Police, City of Fresno Public Utilities, and the City of Fresno Fire Departments. In addition, given the surrounding properties and neighborhoods have been substantially developed and utilities and public services already exist in the area, the site can be adequately served by all required utilities, including sewer, water, and solid waste, as well as public services.

None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.

Date: February 9, 2024
Prepared By: John George, Planner III
Submitted by:

Robert Holt, Supervising Planner
City of Fresno
Planning & Development Department
(559) 621-8056
Exhibit J
ACOUSTICAL ANALYSIS
LINCOLN PARK APARTMENTS
FRESNO, CALIFORNIA
WJVA Project No. 20-04
PREPARED FOR
LANDVALUE MANAGEMENT, LLC
155 EAST SHAW AVENUE, SUITE 307
FRESNO, CA 93710
PREPARED BY
WJV ACOUSTICS, INC.

VISALIA, CALIFORNIA
JANUARY 14, 2021
113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 2

INTRODUCTION
The project (Lincoln Park Apartments) is a proposed 88‐unit multi‐family residential development to be located at the northeast corner of the intersection of West Herndon Avenue and North Prospect Avenue/North Valentine Avenue, in Fresno, California. The project site is bordered by West Herndon Avenue (a 6‐lane arterial roadway) to the south. The City of Fresno has requested an acoustical analysis to quantify project site noise exposure. This analysis, prepared by WJV Acoustics, Inc. (WJVA), is based upon a project site plan and exterior elevation drawings (dated 12‐01‐20), traffic data provided by the Fresno Council of Governments (Fresno COG) and the findings of on‐site noise level measurements. Revisions to the site plan may affect the findings and recommendations of this report. The site plan is provided as Figure 1.

Appendix A provides a description of the acoustical terminology used in this report. Unless otherwise stated, all sound levels reported are in A‐weighted decibels (dB). A‐weighting de‐emphasizes the very low and very high frequencies of sound in a manner similar to the human ear. Most community noise standards utilize A‐weighting, as it provides a high degree of correlation with human annoyance and health effects. Appendix B provides typical A‐weighted sound levels for common noise sources.
20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 3

NOISE EXPOSURE CRITERIA
General Plan Noise Element
The City of Fresno Noise Element of the General Plan (adopted 12/18/14) sets noise compatibility standards for transportation noise sources in terms of the Day‐Night Average Level (Ldn).

Implementing Policy NS‐1‐a of the noise element establishes a land use compatibility criterion as 65 dB Ldn for exterior noise exposure within outdoor activity areas of residential land uses.

Outdoor activity areas generally include backyards of single‐family residences, individual patios, balconies or decks of multi‐family developments and common outdoor recreation areas of multi‐ family developments. The intent of the exterior noise level requirement is to provide an acceptable noise environment for outdoor activities and recreation.

Additionally, Implementing Policy NS‐1‐h of the noise element requires that interior noise levels attributable to exterior transportation noise sources not exceed 45 dB Ldn. The intent of the interior noise level standard is to provide an acceptable noise environment for indoor communication and sleep.

Municipal Code
Section 15‐2506 of the City of Fresno Municipal code establishes hourly acoustical performance standards for non‐transportation (stationary) noise sources. The standards, provided in Table I, are made more restrictive during the nighttime hours of 10:00 p.m. to 7:00 a.m. Additionally, the municipal code states that when ambient noise levels exceed or equal the levels described in Table I, mitigation shall only be required to limit noise to the existing ambient noise levels, plus five (5) dB. Section 15‐2506 of the Municipal Code is consistent with Implementing Policy NS‐1‐ I of the Noise Element of the City of Fresno General Plan (adopted 12/18/14).

TABLE I
NON-TRANSPORTATION NOISE LEVEL STANDARDS, dBA
CITY OF FRESNO MUNICIPAL CODE, SECTION 15-2506
Daytime (7 a.m.‐10 p.m.) Nighttime (10 p.m.‐7 a.m.)
Leq Lmax Leq Lmax
50 70 45 60
Source: City of Fresno Municipal Code
Additional guidance is provided in Section 10‐102(b) of the City’s Municipal Code. Section 10 provides existing ambient noise levels to be applied to various districts, further divided into various hours of the day. Table II describes the assumed minimum ambient noise levels by district and time. Section 10‐102(b) states “For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen minutes, without inclusion 20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 4
of the offending noise, at the location and time of day at which a comparison with the offending noise is to be made. Where the ambient noise level is less than that designated in this section, however, the noise level specified herein shall be deemed to be the ambient noise level for that location”.

TABLE II
ASSUMED MINIMUM AMBIENT NOISE LEVEL, dBA
CITY OF FRESNO MUNICIPAL CODE, SECTION 10-102(B)
DISTRICT TIME SOUND LEVEL, dB Leq
RESIDENTIAL 10 PM TO 7 AM 50
RESIDENTIAL 7 PM TO 10 PM 55
RESIDENTIAL 7 AM TO 7 PM 60
COMMERCIAL 10 PM TO 7 AM 60
COMMERCIAL 7 AM TO 10 PM 65
INDUSTRIAL ANYTIME 70
Source: City of Fresno Municipal Code
Section 10‐106 (Prima Facie Violation) States “Any noise or sound exceeding the ambient noise level at the properly line of any person offended thereby, or, if a condominium or apartment house, within any adjoining living unit, by more than five decibels shall be deemed to prima facie evidence of a violation of Section 8‐305.”
20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 5

PROJECT SITE NOISE EXPOSURE
The project site is located at northeast corner of the intersection of West Herndon Avenue and North Prospect Avenue/North Valentine Avenue, in Fresno. The project site is currently exposed traffic noise. The distance from the closest proposed building setback to the centerline of W.

Herndon Avenue is approximately 105 feet. The proposed multi‐family residential buildings would include individual patios and balconies at the front of the proposed building facing toward W. Herndon Avenue. Additionally, the project would include a centrally‐located common use area that would include a swimming pool, arbors and BBQ areas. These areas are typically considered “outdoor activity areas” and are subject to the City’s exterior noise level standards.

Traffic Noise Exposure
Noise exposure from traffic on W. Herndon Avenue was calculated for existing and future (2035) conditions using the FHWA Traffic Noise Model and traffic data obtained from Fresno COG and the findings of on‐site noise level measurements.

WJVA utilized the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA‐RD‐77‐108). The FHWA Model is a standard analytical method used for roadway traffic noise calculations. The model is based upon reference energy emission levels for automobiles, medium trucks (2 axles) and heavy trucks (3 or more axles), with consideration given to vehicle volume, speed, roadway configuration, distance to the receiver, and the acoustical characteristics of the site. The FHWA Model was developed to predict hourly Leq values for free‐flowing traffic conditions, and is generally considered to be accurate within ±1.5 dB. To predict Ldn values, it is necessary to determine the hourly distribution of traffic for a typical day and adjust the traffic volume input data to yield an equivalent hourly traffic volume.

Noise level measurements and concurrent traffic counts were conducted by WJVA staff within the project site on January 8, 2021. The purpose of the measurements was to evaluate the accuracy of the FHWA Model in describing traffic noise exposure within the project site. The measurement site was located within the project site at a distance of approximately 100 feet from the centerline of W. Herndon Avenue. The speed limit posted in the project vicinity for W.

Herndon Avenue was 50 mph (miles per hour). The project vicinity and noise monitoring site location are provided as Figure 2. A photograph showing the noise measurement site is provided as Figure 3.

Noise monitoring equipment consisted of Larson‐Davis Laboratories Model LDL‐820 sound level analyzer equipped with a B&K Type 4176 1/2” microphone. The equipment complies with the specifications of the American National Standards Institute (ANSI) for Type I (Precision) sound level meters. The meter was calibrated in the field prior to use with a B&K Type 4230 acoustic calibrator to ensure the accuracy of the measurements. The microphone was located on a tripod at 5 feet above the ground. The project site presently consists of undeveloped land. 20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 6
Noise measurements were conducted in terms of the equivalent energy sound level (Leq).

Measured Leq values were compared to Leq values calculated (predicted) by the FHWA Model using as inputs the traffic volumes, truck mix and vehicle speed observed during the noise measurements. The results of the comparison are shown in Table III.

From Table III it may be determined that the traffic noise levels predicted by the FHWA Model were 1.0 dB lower than those measured for the traffic conditions observed at the time of the noise measurements for W. Herndon Avenue. This is considered to be reasonable agreement with the model and therefore no adjustments to the model are necessary.

TABLE III

COMPARISON OF MEASURED AND PREDICTED
(FHWA MODEL) NOISE LEVELS

LINCOLN PARK APARTMENTS, FRESNO
W. Herndon Ave.

Measurement Start Time 11:30 a.m.

Observed # Autos/Hr.   1,968
Observed # Medium Trucks/Hr. 60
Observed # Heavy Trucks/Hr.   0
Observed Speed (MPH) 50
Distance, ft. (from center of roadway) 100
Leq, dBA (Measured) 67.9
Leq, dBA (Predicted) 66.9
Difference between Measured and Predicted Leq, dBA +1.0 Note:  FHWA “soft” site assumed for calculations.

Source: WJV Acoustics, Inc.

Exterior Noise Exposure
Annual Average Daily Traffic (AADT) data for W. Herndon Avenue in the project vicinity were obtained from Fresno COG. Truck percentages and the day/night distribution of traffic were estimated by WJVA, based upon previous studies conducted in the project vicinity since project‐specific data were not available from government sources. Table IV summarizes annual average traffic data used to model noise exposure within the project site. 20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 7

TABLE IV

TRAFFIC NOISE MODELING ASSUMPTIONS

LINCOLN PARK APARTMENTS, FRESNO
W. Herndon Avenue
Existing 2035
Annual Avenue Daily Traffic (AADT) 50,692 60,284
Day/Night Split (%) 90/10
Assumed Vehicle Speed (mph) 50
% Medium Trucks (% AADT) 2
% Heavy Trucks (% AADT) 1
Sources: Fresno COG
WJV Acoustics, Inc.

Using data from Table IV and the FHWA Model, annual average traffic noise exposure was calculated for the closest proposed residential setbacks to W. Herndon Avenue. The calculated noise exposures for existing and future (2035) traffic conditions for the closest proposed building setbacks to W. Herndon Avenue were approximately 69 dB Ldn and 70 dB Ldn, respectively.

The noise levels calculated for the closest residential setback distances to W. Herndon Avenue exceed the City’s 65 dB Ldn exterior noise level standard. The exterior noise level standard applies to outdoor activity areas, including individual patios and balconies of multi‐family residential developments and outdoor common use areas. The closest calculated setback distances also represent the closest outdoor activity areas as the proposed building facing W. Herndon Avenue (Building 5D) includes individual patios and balconies.

Exterior noise levels within individual unit patios and balconies would be expected to be approximately 70 dB Ldn (2035 traffic conditions) at the south facing units of Building 5D only, and mitigation must be considered. It should be noted, exterior noise levels within individual balconies and patios of all remaining units would not exceed the City’s exterior noise level standard of 65 dB Ldn.

The outdoor common use areas, consisting of a swimming pool, arbor areas and BBQ areas, would be located at a distance of approximately 400 feet from W. Herndon Avenue. Additionally, project buildings (3B, 5D, 6F, 7G) would provide significant levels of acoustical shielding to these common use outdoor activity areas. Exterior noise level exposure within these outdoor common use areas would be expected to be in the range of approximately 50‐55 dB Ldn. Such levels do not exceed the City’s exterior noise level standard of 65 dB Ldn. Further mitigation measures is not required for these outdoor common use area.
20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 8
Exterior Noise Mitigation
The City of Fresno Noise Element of the General Plan establishes a 65 dB Ldn standard within outdoor activity areas (individual patios and balconies as well as outdoor common use areas of multi‐family residential land uses). The project site traffic noise exposure for future (2035) traffic conditions was calculated to be approximately 70 dB Ldn within the closest residential setbacks (and individual patios and balconies) of Building 5D. Such noise exposure levels exceed the City of Fresno exterior noise level standard and mitigation must be considered. It should be noted, exterior noise levels of all other unit patios and balconies, as well as the outdoor common use area (pool, arbors, BBQ areas, etc.) would be below the City’s exterior noise level standard without the need for additional mitigation measures.

Due to the nature of individual balconies and patios, mitigation of all south‐facing units of Building 5D, by means of acoustical shielding (sound wall), is not feasible. Sound walls are generally effective at first‐floor receivers only. WJVA calculated the necessary sound wall height that would be required to reduce exterior noise levels at first‐floor south‐facing (facing W.

Herndon Avenue) patios of Building 5D.

A sound wall insertion loss program based on the FHWA Model was used to calculate the insertion loss (noise reduction) required to mitigate first‐floor patios of south‐facing units of Building 5D. The model calculates the insertion loss of a wall of given height based on the effective height of the noise source, height of the receiver, distance from the receiver to the wall, and distance from the noise source to the wall. The standard assumptions used in the sound wall calculations are effective source heights of 8, 2 and 0 feet above the roadway for heavy trucks, medium trucks and automobiles, respectively. The standard height of a residential receiver is five feet above the ground elevation. It was assumed by WJVA that the building pad elevations at the closest proposed homes to W. Herndon Avenue would be approximately the same elevation as the roadway pavement.

Based upon the above‐described assumptions and method of analysis, the noise level insertion loss values for sound walls of various heights were calculated. The calculations indicated that a sound wall along W. Herndon Avenue, constructed to a minimum height of six (6) feet relative to the closest building pad elevations would reduce traffic noise exposure within individual first‐ floor south‐facing patios of Building 5D by approximately 6 dB, resulting in a noise exposure of approximately 64 dB Ldn at these patios.

As stated, the above‐described sound wall would be effective at first‐floor receiver locations only, and would not provide acoustical shielding to any proposed second‐ or third‐floor balconies.

Therefore, exterior noise levels at the upper floor south‐facing balconies (facing toward W.

Herndon Avenue) of Building 5D would remain approximately 70 dB Ldn. 20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 9
Interior Noise Exposure:

The City of Fresno interior noise level standard is 45 dB Ldn. The worst‐case future noise exposure within the proposed residential development would be approximately 70 dB Ldn at building 5D This means that the proposed residential construction must be capable of providing a minimum outdoor‐to‐indoor noise level reduction (NLR) of approximately 25 dB (70‐45=25).

A specific analysis of interior noise levels was not performed. However, it may be assumed that residential construction methods complying with current building code requirements will reduce exterior noise levels by at least 25 dB if windows and doors are closed. This will be sufficient for compliance with the City’s 45 dB Ldn interior standard at all proposed multi‐family residential units. Requiring that it be possible for windows and doors to remain closed for sound insulation means that air conditioning or mechanical ventilation will be required. 20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 10

CONCLUSIONS
Exterior Noise Exposure
Traffic noise exposure levels associated with vehicle traffic along W. Herndon Avenue would be expected to be approximately 70 dB Ldn at the closest proposed residential setbacks to W.

Herndon Avenue (Building 5D). Noise levels at individual patios and balconies at south‐facing units of Building 5D (facing toward W. Herndon Avenue) would exceed the City’s 65 dB Ldn exterior noise level standard.

A sound wall constructed along the project site property line with W. Herndon Avenue, constructed to a minimum height of 6 feet above project grade elevation would reduce exterior noise levels within first‐floor patios to approximately 64 dB Ldn, below the City’s 65 dB Ldn exterior noise level standard. However, this sound wall would be effective at first‐floor receiver locations only, and individual south‐facing balconies of Building 5D at second‐ and third‐floor locations would exceed the City’s exterior noise level standard. There would be no feasible way to mitigate these upper floor balconies.

Exterior noise levels at individual patios and balconies at all remaining multi‐family residential units would not exceed the City’s exterior noise level standard. Additionally, exterior noise levels at the proposed outdoor common use areas (swimming pool, arbor areas, BBQ and picnic areas) would not exceed the City’s exterior noise level standard.

Interior Noise Levels
All proposed multi‐family residential units will comply with the City of Fresno interior noise level standard of 45 dB Ldn without the need for additional mitigation measures, providing mechanical ventilation or air conditioning is provided for all units so that windows and doors can remain closed for sound insulation purposes.
20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 11
The conclusions and recommendations of this acoustical analysis are based upon the best information known to WJV Acoustics Inc. (WJVA) at the time the analysis was prepared concerning the proposed site plan, traffic volumes and roadway configurations. Any significant changes in these factors will require a reevaluation of the findings of this report. Additionally, any significant future changes in motor vehicle technology, noise regulations or other factors beyond WJVA’s control may result in long‐term noise results different from those described by this analysis.

Respectfully submitted,

Walter J. Van Groningen
President
WJV:wjv
20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20 12
FIGURE 1: SITE PLAN
20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20
FIGURE 2: PROJECT SITE VICINITY AND NOISE MEASUREMENT LOCATION 20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20
FIGURE 3: WEST HERNDON AVENUE NOISE MEASUREMENT SITE
20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20

APPENDIX A

ACOUSTICAL TERMINOLOGY
AMBIENT NOISE LEVEL: The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

CNEL: Community Noise Equivalent Level. The average equivalent sound level during a 24‐hour day, obtained after addition of approximately five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and ten decibels to sound levels in the night before 7:00 a.m. and after 10:00 p.m.

DECIBEL, dB: A unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

DNL/Ldn: Day/Night Average Sound Level. The average equivalent sound level during a 24‐hour day, obtained after addition of ten decibels to sound levels in the night after 10:00 p.m. and before 7:00 a.m.

Leq: Equivalent Sound Level. The sound level containing the same total energy as a time varying signal over a given sample period.

Leq is typically computed over 1, 8 and 24‐hour sample periods.

NOTE: The CNEL and DNL represent daily levels of noise exposure averaged on an annual basis, while Leq represents the average noise exposure for a shorter time period, typically one hour.

Lmax: The maximum noise level recorded during a noise event.

Ln: The sound level exceeded "n" percent of the time during a sample interval (L90, L50, L10, etc.). For example, L10 equals the level exceeded 10 percent of the time.
20‐04 (Lincoln Park Apartments, Fresno) 1‐14‐20
A-2

ACOUSTICAL TERMINOLOGY
NOISE EXPOSURE
CONTOURS: Lines drawn about a noise source indicating constant levels of noise exposure. CNEL and Ldn contours are frequently utilized to describe community exposure to noise.

NOISE LEVEL
REDUCTION (NLR): The noise reduction between indoor and outdoor environments or between two rooms that is the numerical difference, in decibels, of the average sound pressure levels in those areas or rooms. A measurement of “noise level reduction” combines the effect of the transmission loss performance of the structure plus the effect of acoustic absorption present in the receiving room.

SEL or SENEL: Sound Exposure Level or Single Event Noise Exposure Level. The level of noise accumulated during a single noise event, such as an aircraft overflight, with reference to a duration of one second.

More specifically, it is the time‐integrated A‐weighted squared sound pressure for a stated time interval or event, based on a reference pressure of 20 micropascals and a reference duration of one second.

SOUND LEVEL: The sound pressure level in decibels as measured on a sound level meter using the A‐weighting filter network. The A‐weighting filter de‐emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise.

SOUND TRANSMISSION
CLASS (STC): The single‐number rating of sound transmission loss for a construction element (window, door, etc.) over a frequency range where speech intelligibility largely occurs.

Exhibit K

FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13848
The Fresno City Planning Commission, at its regular meeting on May 15, 2024, adopted the following resolution relating to Development Permit Application No. P21-00989.

WHEREAS, Development Permit Application No. P21-00989 was filed by Jamie Huelskamp of Park 7, LLC, and pertains to an approximately 3.7-acre property located at 7056 North Prospect Avenue, on the northeast corner of West Herndon and North Prospect Avenues; and, WHEREAS, Development Permit Application No. P21-00989 requests authorization to construct an 82-unit private gated multi-family development; and, WHEREAS, on June 14, 2021, the Council District 2 Project Review Committee recommended denial of the development permit, 2 votes to 1, with the following assertions made: 1) The project’s proposal of 3-story and 4-story buildings are too tall and not consistent with the existing character and aesthetic of the neighborhood; 2) The project would exacerbate existing traffic congestion issues along Herndon Avenue, Prospect Avenue, and the elementary school; 3) The project has insufficient parking for the proposed 82 dwelling units and would result in overparking in Orchid Park and elsewhere in the neighborhood; 4) There is no safe route to school from the project to the nearby elementary school; 5) the four-story building would not allow Fire Department trucks to utilize ladder deployment on the fourth story; and, 6) there is not adequate access to transit; and,
WHEREAS, the Planning & Development Department Director approved Development Permit Application No. P21-00989 on March 25, 2024; and,
WHEREAS, the Director’s decision to approve the request to construct an 82-unit private gated multi-family development was appealed by eight different parties on between March 25, 2024 and April 9, 2024; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on May 15, 2024; received testimony from the applicant and the public, and considered the Planning and Development Department’s report recommending denial of the appellants’ appeal and upholding the action of the Planning and Development Department Director to approve Development Permit Application No. P21-00989; and,
WHEREAS, No individuals spoke in support of the project; and, WHEREAS, approximately 29 individuals spoke in opposition of the project citing the following: 1) The project’s proposal of 3-story and 4-story buildings are too tall and not consistent with the existing character and aesthetic of the neighborhood; 2) The project would exacerbate existing traffic congestion issues along Herndon Avenue, Prospect Avenue, and the elementary school; 3) The project has insufficient parking for the proposed 82 dwelling units and would result in overparking in Orchid Park and elsewhere in the neighborhood; 4) There is no safe route to school from the project to the nearby elementary school; 5) the four-story building would not allow Fire Planning Commission Resolution No. 13848
Development Permit Application No. P21-00989
May 15, 2024

Page 2 ends

Department trucks to utilize ladder deployment on the fourth story; and, 6) there is not adequate access to transit; and,
WHEREAS, the Fresno City Planning Commission reviewed the subject development permit application in accordance with the policies of the Fresno General Plan, Bullard Community Plan, and the Fresno Municipal Code; and,
WHEREAS, a motion was made to deny Development Permit Application No. P21-00989 based on Finding B that it does not meet the General Plan in regards to Urban Neighborhood residential planned land use, and it does not take into account significant growth within the City of Fresno and the project would result in traffic impacts detrimental to the project.

The foregoing Resolution by the Fresno City Planning Commission was made upon a motion by Commissioner Vang (chair), seconded by Commissioner Bray (vice chair).

VOTING: Ayes - Vang (chair), Bray (vice chair), Calandra, Criner, Diaz Noes - None
Not Voting - None
Absent - Lyday, Wagner
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby upholds the appeal and denies Development Permit Application No. P21-00989 requesting authorization to construct an 82-unit private gated multi-family development.

DATED: May 15, 2024
__________________________________
Jennifer K. Clark, AICP, Secretary
Fresno City Planning Commission
Resolution No. 13848
Development Permit Application No. P21-00989
Filed by Jamie Huelskamp of Park 7, LLC
Action: uphold the appeal (denial of project)
Exhibit L

CONSIDERATION OF AN APPEAL OF
DEVELOPMENT PERMIT APPLICATION NO.

P21-00989
AND

RELATED ENVIRONMENTAL FINDING
PRESENTATION BY: ROB HOLT, SUPERVISING PLANNER
ID 24-899 CITY COUNCIL HEARING | JULY 25, 2024

AERIAL MAP
Subject Property

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899

N PROSPECT AVE

W HERNDON AVE

W FIR AVE

N VALENTINE AVE

LAND USE HISTORY
 Previous General Plan & Zoning
 General Plan (adopted in 2002) designated subject property to the Office Commercial planned land use designation. The zone district was designated as the C-P/EA (Administrative and Professional Office District/Expressway Area Overlay) zone district.  02/10/2011: Plan Amendment-Rezone adopted by City Council changing property from Office Commercial to Neighborhood Commercial planned land use designation, and rezoned from C-P/EA to C-1/EA (Neighborhood Shopping Center District/Expressway Area Overlay) zone district.  Current General Plan & Zoning
 Current General Plan adopted by City Council on 12/18/2014. Citywide rezone changed planned land use from Neighborhood Commercial to Urban Neighborhood Residential.  Citywide zoning code update adopted by City Council in December 2015. Changed zoning from C-1/EA to RM-2/EA (Multi-Family Residential, Urban Neighborhood/Expressway Area Overlay) zone district.

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899

EXISTING LAND USE MAP
Subject Property

N PROSPECT AVE

W HERNDON AVE

W FIR AVE

N VALENTINE AVE

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
APPEAL
 Noticing
 Notice of Action
◼ 8 appeal letters and 24 written correspondences received in opposition ◼ Addressed in staff report
◼ Planning Commission Decision – Denial
◼ Project is inconsistent with Finding B (Development Permit Findings) in that it does not meet the General Plan in regards to Urban Neighborhood Residential planned land use, and it does not take into account significant growth within the City of Fresno and the project would result in traffic impacts detrimental to the project.
 Mayor & Council Member Karbassi
◼ Appealed Planning Commission Decision on 05/29/24

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899

DEVELOPMENT STANDARDS
 Density
 RM-2 Allowed: 16-30
du/ac
 Proposed: 22.16 du/ac
 Height
 RM-2 Max. Allowed: 50
feet
 Proposed: 49’-10” (4-
story, 1 building)
 Proposed: 41’ (3-story, 3
buildings)

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
3-story 3-story
3-story
4-story
Garages

DEVELOPMENT STANDARDS

PLANNING COMMISSION HEARING
MAY 15, 2024 | ID 24-651
 Open Space
 Reduction Allowance (25%)
◼ Public Park within 400 feet of site &
across local street.
◼ Project site provides improved pedestrian
path to and from the site.
 Required: 18,132 sf
 Proposed: 18,683 sf

W FIR AVE

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899

DEVELOPMENT STANDARDS
 Setbacks
 Front (Herndon): N/A; Pursuant to
FMC
 Interior side: Minimum Required – 5’;
Proposed – 10’ to garage, 95’-9” to
nearest building
 Street side (Prospect): Minimum
Required: 15’; Proposed – 24’-4”
 Rear yard (Fir): Minimum Required –
15’; Proposed – 21’-8”

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899

DEVELOPMENT STANDARDS
 Expressway Area Overlay (EA)
 No building erected within 200’
unless Acoustical Study is completed
with recommendation of sound
mitigation, then 75’ setback is
required.
 Acoustical Study was submitted which
required 6’ block wall.
 Minor Deviation application
submitted and approved for 10%
reduction of 75’ standard, allowing
for 68’ building setback.
 Nearest building proposed at 68’
(applies to four-story building)

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899

DEVELOPMENT STANDARDS
 Parking
 82 two-bedroom dwelling units
 Requirement: 123 parking spaces
(82 covered and 41 uncovered)
 Proposed: 154 parking spaces (72
carports, 27 garages, 55 uncovered)

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899

HAA FINDINGS FOR DENIAL
Prohibits a local agency from disapproving a housing development project that complies with applicable, objective general plan and zoning standards and criteria, unless a local agency makes specified written findings.

A. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

B. There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899

STAFF RECOMMENDATION

1. ADOPT – Environmental Assessment No. P21-00989 dated February 9, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) under a CEQA Guidelines Section 15332/Class 32 Categorical Exemption.

2. GRANT the appeal and UPHOLD the Planning and Development Department Director’s approval of Development Permit Application No. P21-00989 authorizing the construction of an 82-unit private gated multi-family development, subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Development Permit Application No. P21-00989 dated May 15, 2024.

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
FINDINGS – DEVELOPMENT PERMIT
The Director or Planning Commission may only approve a Development Permit application if it finds that the application is consistent with the purposes of this article and with the following:
 Finding A: The applicable standards and requirements of this Code;  Finding B: The General Plan and any operative plan or policies the City has adopted;  Finding C: Any applicable design guidelines adopted by the City Council;  Finding D: Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required;
 Finding E: Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670—21679.5.

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
FINDINGS – MINOR DEVIATION
A decision to grant a deviation shall be based on making all of the following findings:
 Finding 1: The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;  Finding 2: There are no alternatives to the requested deviation that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;
 Finding 3: The granting of the requested deviation will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Code; and  Finding 4: If the deviation requested is to accommodate religious uses protected by RLUIPA, the decision-maker must also find that the denial of the requested deviation would impose a substantial burden on religious exercise.

CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
Exhibit M
7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 1/14 SHARE THIS: Date Published: 09/29/2017 09:00 PM
SB-167 Housing Accountability Act. (2017-2018)
Senate Bill No. 167
CHAPTER 368
An act to amend Section 65589.5 of the Government Code, relating to housing. [ Approved by Governor September 29, 2017. Filed with Secretary of State September 29, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 167, Skinner. Housing Accountability Act.
(1) The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner than renders infeasible, a housing development project for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based upon substantial evidence in the record.

This bill would require the findings of the local agency to instead be based on a preponderance of the evidence in the record.
(2) The act authorizes a local agency to disapprove or condition approval of a housing development or emergency shelter, as described above, if, among other reasons, the housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with specified law.

This bill would specify that a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete does not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter. (3) The act defines various terms for purposes of its provisions, including the term “housing development project,” which is defined as a project consisting either of residential units only, mixed-use developments consisting of residential and nonresidential units, or transitional housing or supportive housing. For a mixed-use development for these purposes, the act requires that nonresidential uses be limited to neighborhood commercial uses, as defined, and to the first floor of buildings that are 2 or more stories.

This bill would instead require, with respect to mixed-use developments, that 2 /3 of the square footage be
designated for residential use.
(4) If a local agency proposes to disapprove a housing development project that complies with applicable, objective general plan and zoning standards and criteria, or to approve it on the condition that it be developed at Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 2/14 a lower density, the act requires that the local agency base its decision upon written findings supported by substantial evidence on the record that specified conditions exist.

This bill would specify that a housing development project or emergency shelter is deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision for purposes of the above-described provisions if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. The bill, if the local agency considers the housing development project to be inconsistent, not in compliance, or not in conformity, would require the local agency to provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity within specified time periods. If the local agency fails to provide this documentation, the bill would provide that the housing development project would be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. By requiring local agencies to provide documentation related to disapprovals of housing development projects, this bill would impose a statemandated local program. (5) The act authorizes the project applicant, a person who would be eligible to apply for residency in the development or emergency shelter, or a housing organization, as defined, to bring an action to enforce its provisions.

This bill would entitle a housing organization to reasonable attorney’s fees and costs if it is the prevailing party in an action to enforce the act.
(6) If a court finds that the local agency disapproved, or conditioned approval in a manner that renders infeasible the project or emergency shelter or housing for very low, low-, or moderate-income households without making the required findings or without making sufficient findings, the act requires the court to issue an order or judgment compelling compliance with its provisions within 60 days, including an order that the local agency take action on the development project or emergency shelter and awarding attorney’s fees and costs.

This bill would additionally require the court to issue an order compelling compliance with the act, as described above, if it finds that either the local agency, in violation of a specified provision of the act, disapproved or conditioned approval of a housing development project in a manner rendering it infeasible for the development of an emergency shelter or certain housing without making the required findings or without making findings supported by a preponderance of the evidence, or, the local agency, in violation of another specified provision of the act, disapproved a housing development project complying with specified standards and criteria or imposed a condition that the project be developed at a lower density, without making the required findings or without making findings supported by a preponderance of the evidence. The bill would authorize the court to issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development project or emergency shelter in violation of the act. (7) The act authorizes the court to impose fines if it finds that a local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter and failed to carry out the court’s order or judgment compelling compliance within 60 days of the court’s judgment. The act requires that the fines be deposited into a housing trust fund and committed for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households.

This bill, upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with these provisions within 60 days, would instead require the court to impose fines, as described above, in every instance in which the court determines that the local agency disapproved, or conditioned approval in a manner that renders infeasible, the housing development project or emergency shelter without making the required findings or without making sufficient findings. The bill would require that the fine be in a minimum amount of $10,000 per housing unit in the housing development project on the date the application was deemed complete. In determining the amount of fine to impose, the bill would require the court to consider the local agency’s progress in attaining its target allocation of the regional housing need and any prior violations of the act. The bill would authorize the local agency to instead deposit the fine into a specified state fund, and would also provide that any funds in a local housing trust fund not expended after 5 years would revert to the state and be deposited in that fund, to be used upon appropriation by the Legislature for financing newly constructed housing units affordable to extremely low, very low, or low-income households. If the local agency has acted in bad faith and failed to carry out the court’s order, as described above, the bill would require the court to multiply the fine by a factor of 5.
7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 3/14 This bill would also require that a petition to enforce the act be filed and served no later than 90 days from the later of (a) the effective date of a decision of the local agency imposing conditions on, disapproving, or taking any other final action on a housing development project or (b) the expiration of certain time periods specified in the Permit Streamlining Act.
(8) In order to obtain appellate review of a trial court’s order, the act requires a party to file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow.

This bill would allow a party to instead appeal a trial court’s order or judgment to the court of appeal pursuant to specified law.
(9) This bill would make various technical and conforming changes to the Housing Accountability Act. (10) This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 1515 to be operative only if this bill and AB 1515 are enacted and this bill is enacted last. (11) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65589.5 of the Government Code is amended to read:
65589.5. (a) The Legislature finds and declares all of the following:
(1) The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California. (2) California housing has become the most expensive in the nation. The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing.
(3) Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.
(4) Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects. (b) It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant to this article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d).
(c) The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas. (d) A local agency shall not disapprove a housing development project, including farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, for very low, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 4/14 (1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards. (2) The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (3) The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
(4) The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. (5) The housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
(A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation.
(B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations.

In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency’s share of the regional housing need for the very low, low-, and moderate-income categories.
(C) If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 5/14 subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583.
(e) Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).

Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(f) (1) Nothing in this section shall be construed to prohibit a local agency from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. (2) Nothing in this section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction’s need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project. (3) This section does not prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter.
(g) This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem. (h) The following definitions apply for the purposes of this section:
(1) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (2) “Housing development project” means a use consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(C) Transitional housing or supportive housing.
(3) “Housing for very low, low-, or moderate-income households” means that either (A) at least 20 percent of the total units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (B) 100 percent of the units shall be sold or rented to persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. Housing units targeted for lower income households shall be made available at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income eligibility limits are based. Housing units targeted for persons and families of moderate income shall be made available at a monthly housing cost that does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderateincome eligibility limits are based. (4) “Area median income” means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code. The developer shall provide sufficient legal commitments to ensure continued availability of units for very low or low-income households in accordance with the provisions of this subdivision for 30 years. 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 6/14 (5) “Disapprove the housing development project” includes any instance in which a local agency does either of the following:
(A) Votes on a proposed housing development project application and the application is disapproved, including any required land use approvals or entitlements necessary for the issuance of a building permit. (B) Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this paragraph.
(i) If any city, county, or city and county denies approval or imposes conditions, including design changes, lower density, or a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the application is deemed complete pursuant to Section 65943, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d) and that the findings are supported by a preponderance of the evidence in the record. For purposes of this section, “lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
(j) (1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (2) (A) If the local agency considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:
(i) Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units. (ii) Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units. (B) If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. (3) For purposes of this section, the receipt of a density bonus pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.
(4) For purposes of this section, “lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
(k) (1) (A) The applicant, a person who would be eligible to apply for residency in the development or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 7/14 brought to enforce this section, a court finds that either (i) the local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manner rendering it infeasible for the development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section or without making findings supported by a preponderance of the evidence, or (ii) the local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section or without making findings supported by a preponderance of the evidence, the court shall issue an order or judgment compelling compliance with this section within 60 days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney’s fees and costs of suit to the plaintiff or petitioner, except under extraordinary circumstances in which the court finds that awarding fees would not further the purposes of this section. For purposes of this section, “lower density” includes conditions that have the same effect or impact on the ability of the project to provide housing. (B) (i) Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within 60 days issued pursuant to subparagraph (A), the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017–18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of fine to impose, the court shall consider the local agency’s progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017–18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund, for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. (ii) If any money derived from a fine imposed pursuant to this subparagraph is deposited in the Housing Rehabilitation Loan Fund, then, notwithstanding Section 50661 of the Health and Safety Code, that money shall be available only upon appropriation by the Legislature. (C) If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency.
(2) For purposes of this subdivision, “housing organization” means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney’s fees and costs if it is the prevailing party in an action to enforce this section. (l) If the court finds that the local agency (1) acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section and (2) failed to carry out the court’s 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 8/14 order or judgment within 60 days as described in subdivision (k), the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision (k) by a factor of five. For purposes of this section, “bad faith” includes, but is not limited to, an action that is frivolous or otherwise entirely without merit. (m) Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of the trial court’s order, a party may, in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant. (n) In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner’s points and authorities, (2) by the respondent with respondent’s points and authorities, (3) after payment of costs by the petitioner, or (4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. (o) This section shall be known, and may be cited, as the Housing Accountability Act.

SEC. 1.5. Section 65589.5 of the Government Code is amended to read:
65589.5. (a) (1) The Legislature finds and declares all of the following:
(A) The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California. (B) California housing has become the most expensive in the nation. The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing.
(C) Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration. (D) Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects. (2) In enacting the amendments made to this section by the act adding this paragraph, the Legislature further finds and declares the following:
(A) California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.
(B) While the causes of this crisis are multiple and complex, the absence of meaningful and effective policy reforms to significantly enhance the approval and supply of housing affordable to Californians of all income levels is a key factor.
(C) The crisis has grown so acute in California that supply, demand, and affordability fundamentals are characterized in the negative: underserved demands, constrained supply, and protracted unaffordability. 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 9/14 (D) According to reports and data, California has accumulated an unmet housing backlog of nearly 2,000,000 units and must provide for at least 180,000 new units annually to keep pace with growth through 2025.
(E) California’s overall homeownership rate is at its lowest level since the 1940s. The state ranks 49th out of the 50 states in homeownership rates as well as in the supply of housing per capita. Only half of California’s households are able to afford the cost of housing in their local regions. (F) Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians.
(G) The majority of California renters, more than 3,000,000 households, pay more than 30 percent of their income toward rent and nearly one-third, more than 1,500,000 households, pay more than 50 percent of their income toward rent.
(H) When Californians have access to safe and affordable housing, they have more money for food and health care; they are less likely to become homeless and in need of government-subsidized services; their children do better in school; and businesses have an easier time recruiting and retaining employees. (I) An additional consequence of the state’s cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater housing opportunities, particularly working- and middle-class households. California’s cumulative housing shortfall therefore has not only national but international environmental consequences. (J) California’s housing picture has reached a crisis of historic proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly increase the approval, development, and affordability of housing for all income levels, including this section. (K) The Legislature’s intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California’s communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled.
(L) It is the policy of the state that this section should be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing. (b) It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant to this article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d).
(c) The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas. (d) A local agency shall not disapprove a housing development project, including farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, for very low, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
(1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 10/14 jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards. (2) The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (3) The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
(4) The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. (5) The housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
(A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation.
(B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations.

In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency’s share of the regional housing need for the very low, low-, and moderate-income categories.
(C) If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583.
(e) Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 11/14 California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).

Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(f) (1) Nothing in this section shall be construed to prohibit a local agency from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. (2) Nothing in this section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction’s need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project. (3) This section does not prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter.
(4) For purposes of this section, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. (g) This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem. (h) The following definitions apply for the purposes of this section:
(1) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (2) “Housing development project” means a use consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(C) Transitional housing or supportive housing.
(3) “Housing for very low, low-, or moderate-income households” means that either (A) at least 20 percent of the total units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (B) 100 percent of the units shall be sold or rented to persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. Housing units targeted for lower income households shall be made available at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income eligibility limits are based. Housing units targeted for persons and families of moderate income shall be made available at a monthly housing cost that does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderateincome eligibility limits are based. (4) “Area median income” means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code. The developer shall provide sufficient legal commitments to ensure continued availability of units for very low or low-income households in accordance with the provisions of this subdivision for 30 years. (5) “Disapprove the housing development project” includes any instance in which a local agency does either of the following:
7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 12/14 (A) Votes on a proposed housing development project application and the application is disapproved, including any required land use approvals or entitlements necessary for the issuance of a building permit. (B) Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this paragraph.
(i) If any city, county, or city and county denies approval or imposes conditions, including design changes, lower density, or a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the application is deemed complete pursuant to Section 65943, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d) and that the findings are supported by a preponderance of the evidence in the record. For purposes of this section, “lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
(j) (1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (2) (A) If the local agency considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:
(i) Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units. (ii) Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units. (B) If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. (3) For purposes of this section, the receipt of a density bonus pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.
(4) For purposes of this section, “lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
(k) (1) (A) The applicant, a person who would be eligible to apply for residency in the development or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that either (i) the local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manner rendering it infeasible for the 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 13/14 development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section or without making findings supported by a preponderance of the evidence, or (ii) the local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section or without making findings supported by a preponderance of the evidence, the court shall issue an order or judgment compelling compliance with this section within 60 days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney’s fees and costs of suit to the plaintiff or petitioner, except under extraordinary circumstances in which the court finds that awarding fees would not further the purposes of this section. For purposes of this section, “lower density” includes conditions that have the same effect or impact on the ability of the project to provide housing. (B) (i) Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within 60 days issued pursuant to subparagraph (A), the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017–18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of fine to impose, the court shall consider the local agency’s progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017–18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund, for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. (ii) If any money derived from a fine imposed pursuant to this subparagraph is deposited in the Housing Rehabilitation Loan Fund, then, notwithstanding Section 50661 of the Health and Safety Code, that money shall be available only upon appropriation by the Legislature. (C) If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency.
(2) For purposes of this subdivision, “housing organization” means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney’s fees and costs if it is the prevailing party in an action to enforce this section. (l) If the court finds that the local agency (1) acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section and (2) failed to carry out the court’s order or judgment within 60 days as described in subdivision (k), the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of 7/8/24, 11:31 AM Bill Text - SB-167 Housing Accountability Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB167 14/14 subdivision (k) by a factor of five. For purposes of this section, “bad faith” includes, but is not limited to, an action that is frivolous or otherwise entirely without merit. (m) Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of the trial court’s order, a party may, in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant. (n) In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner’s points and authorities, (2) by the respondent with respondent’s points and authorities, (3) after payment of costs by the petitioner, or (4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. (o) This section shall be known, and may be cited, as the Housing Accountability Act.

SEC. 2. Section 1.5 of this bill incorporates amendments to Section 65589.5 of the Government Code proposed by both this bill and Assembly Bill 1515. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 65589.5 of the Government Code, and (3) this bill is enacted after Assembly Bill 1515, in which case Section 1 of this bill shall not become operative.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Exhibit N
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W Bullard
Ave
N
Briarwood Ave
W
Lake
Van
Ness
Cir
N
Gentry
Ave
N
Berlin
Ave
N
Wilmington Dr
N
Blythe Ave
W Stuart Ave
N
Berlin
Ave
N
Alva Ave
W Spruce
Ave
W
Lake
Van
Ness
Cir
N
Fusion Dr
N San
Pedro Ave
W Fir
Ave
W Atwater Ave
W Magill
Ave
W
Fir
Ave
W Magill
Ave
N
A vl a Ave
W Palo
Alto Ave
W Sierra
Ave
W Bullard Ave
N
Lafayette
Ave
W Lake
Van Ness
Cir
W Palo
Alto Ave
N
Gentry
Ave
W Mesa
Ave
N
Alva
Ave
W Stuart
Ave
W Lake Van
Ness Cir
N Marks
Ave
W Calimyrna
Ave
N
Van Ness Blvd
W Figarden Dr
N
Valentine Ave
W Palo Alto Ave
W Escalon
Ave
N
Hazel
Ave
N Lead Ave
N Marty Ave
N El
Capitan
Ave
N
M
onte Ave
N
Mitre Ave
W Mesa
Ave
W Escalon
Ave
N
Brunswick Ave
N
Prospect
Ave
W Alluvial
Ave
N
Va el nt ni e Ave
N Knoll Dr
W Bluff Ave
W Menlo
Ave
N
Laguna
Vista
Ave
W Los
Altos
Ave
W Mesa Ave
W Fremont Ave
W Magill
Ave
W Bullard
Ave
N Prospect
Ave
N
Tah
an
Ave
W Paul
Ave
N
Cheryl
Ave
N
Woodson
Ave
W Locust Ave
W Decatur
Ave
N
Rafael
Ave
W Ellery Way
N
Monte
Ave
W Sample
Ave
N Pleasant Ave
W Spruce
N
Ave
Dewey Ave
N
Cheryl
Ave
N
Gentry
Ave
N
Brawley
Ave
N
Gentry
Ave
W Magill Ave
W Menlo
Ave
W Fremont Ave
W Beechwood
Ave
W F
A
allbrook
ve
W Alluvial
Ave
W Silverhill Ln
W Tenaya
Way
W Bluff Ave
W Chennault
Ave
N
Malsbary
Ave
W Morris
Ave
N
Marks
Ave
W Arbor Dr
N Dewey Ave
W Fir
Ave
N Blythe Ave
N Doolittle Dr
W Wathen
Ave
N Woodson
Ave
N
Charles
Ave
W Della Ln
N
Cheryl
Ave
W Escalon
Ave
N
Sequoia Dr
W Escalon
Ave
N
Hazel
Ave
W Warner
Ave
W Pear
Tree Ln
N
Briarwood
Ave
N Marks Ave
N
Blosser
Ave
N Mccampbell Dr
N
Valentine
Ave
N
Selland Ave
N
Lead
Ave
N
Monte
Ave
N
Dewey
Ave
Morris
N Lead
Ave
W Alluvial
Ave
W Palo
Alto Ave
W Atlanta
Ave
N Hanover
Ave
N Pleasant
Ave
N Prospect
Ave
W Morris Ave
W Buena
Vista Ave
N
Spy
Glass
Ave
N
Marty
Ave
W Sierra Ave
N
Hulbert
Ave
W Fir
Ave
W Bullard
Ave
W Fig
Tree Ln
N Selland
Ave
W Locust Ave
W Spaatz
Ave
N
Cecelia
Ave
W Spruce
Ave
N
Brunswick Ave
W Sample
Ave
Aly
W River
Bottom Ave
W Ellery
Way
W Spruce
Ave
W Mesa
Ave N
Kavanagh
Ave
W Kelly
Ave
W H
A
erndon
ve
N Tamera
Ave
W Loma
Linda Ave
N
Benedict
Ave
W Tenaya
Way
W Herndon Ave
W Fir Ave
W Beechwood Ave
W Beechwood
Ave
W Bluff
Ave
N
Tracy
Ave N Santa Fe Ave
N Bulletin
Ave
W Buena
Vista Ave
N
Sequoia Dr
W La
Costa
Ave W Alluvial
Ave
N
Tracy Ave
W Lake Van
Ness Cir
W Alluvial
Ave
N
Rivers
Edge
Rd
W Boy Scout Rd
Lincoln Apartments Project
APN(s):50020029S
Northeast Corner of Herndon and Prospect
0 900 1,800 3,600 /
Feet
7056 N Prospect - Lincoln Apartments Project
! Speakers In Opposition
Parcel
1,000 Ft. Buffer
Exhibit O

Fresno City CouncilOctober 16, 2025

Fresno City Council
October 16, 2025