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HomeMy WebLinkAbout2023-08-10 Council Agenda PacketThursday, August 10, 2023 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers (In Person and/or Electronic) City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Meeting Agenda - Final Regular Meeting 8/10/2023 MA/AP 7-0 AS AMENDED August 10, 2023City Council Meeting Agenda - Final THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is always encouraged and can occur in one of the two following ways: 1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721 a) To speak during a City Council meeting in person: fill out a speaker card (available in the Council Chamber) and place it in the speaker card collection basket at the front of the Council Chamber. You may also approach the speaker podium upon the Council President’s call for public comment. 2) Participate Remotely via Zoom: https://fresno-gov.zoom.us/webinar/register/WN_6boSwR7UR-i8X6JPjsQm5A a) The above link will allow you to register in advance for remote participation in the meeting via the Zoom platform. After registering, you will receive a confirmation email containing additional details about joining the meeting. b) To speak during a City Council meeting while attending remotely: while in the Zoom application, click on the icon labeled “Participants” at the bottom of the screen. Then select “RaiseHand” at the bottom of the Participants window. Your digital hand will now be raised. You will be asked to “unmute” when your name is called to speak. You will not be visible via video and there will be no opportunity to share your screen. All public speakers will have up to 3 minutes to address Council pursuant to Rule No. 10 of the Rules of Procedure for the City Council of the City of Fresno (available in the City Clerk’s Office). SUBMIT DOCUMENTS / WRITTEN COMMENTS - Pursuant to Rule 11 (c) of the Rules of Procedure, no documents shall be accepted for Council review unless submitted to the City Clerk at least 24 hours prior to the Council Agenda item be heard. Documents / written comments related to an agenda item can be submitted by one of the following methods: 1) eComment – eComment allows the public to submit agenda related comments through a website prior to the meeting. Submitted comments are limited to 1440 characters and will be a part of the official record. Page 2 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final a) Submit an e-Comment by visiting https://fresno.legistar.com/Calendar.aspx and selecting the “eComment” link. b) e-Comment is available for use upon publication of the agenda and closes 24 hours prior to the meeting start time [pursuant to Rule 11(c)]. c) e-Comment is not permitted for Land use or CEQA items d) The e-Comment Electronic User Agreement can be viewed at: https://www.fresno.gov/cityclerk/ 2) E-mail – Agenda related documents and comments can be e-mailed to the Office of the City Clerk at least 24 hours prior to the agenda item being heard, pursuant to Rule 11(c). a) E-mail the Clerk’s Office at clerk@fresno.gov b) E-mails should include the agenda date, and the related agenda item number. VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live: 1) City of Fresno website: https://fresno.legistar.com/Calendar.aspx (click “In Progress” to view the live meeting). 2) Community Media Access Collaborative website: https://cmac.tv/ 3) YouTube - City of Fresno Council, Boards and Commissions Channel: https://www.youtube.com/channel/UC3ld83D8QGn1YBDw6aD5dZA/videos 4) Facebook: https://www.facebook.com/FresnoCA/videos 5) Cable Television: Comcast Channel 96 and AT&T Channel 99 Should any of the five viewing methods listed above experience technical difficulties, the Council meeting will continue uninterrupted. Council meetings will only be paused to address verifiable technical difficulties for all users participating via Zoom or in the Council Chamber. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA). Anyone requiring reasonable ADA accommodations, including sign language interpreters, or other reasonable accommodations such as language translation, should contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To help ensure availability of these services, you are advised to make your request a minimum of three business days prior to the scheduled meeting. Page 3 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final 9:10 A.M. ROLL CALL Invocation by Venerable Bunthon Say, an abbot of Fresno Cambodian Buddhist Society Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID 23-893 Proclamation for “Dakota Eco-garden 10-year Anniversary” Sponsors:Vice President Perea ID 23-1172 ASE Blue Seal of Excellence Recognition to the Fleet Management Division of the General Services Department. Sponsors:Office of Mayor & City Manager and General Services Department ID 23-1218 Proclamation for “Dale Yurong's 40th Year Anniversary” Sponsors:Office of Mayor & City Manager ID 23-1198 Proclamation “Honoring Deputy Mayor Matthew Grundy” Sponsors:Office of Mayor & City Manager and Councilmember Bredefeld COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING Page 4 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final 1. CONSENT CALENDAR 1.-A.ID 23-1183 Approval of Minutes for July 20, 2023, Regular Meeting Sponsors:Office of the City Clerk 1.-B.ID 23-1179 ***BILL B-24 - (Intro’d July 20, 2023) (For Adoption) to Amend Section 2-1105 of the Fresno Municipal Code, relating to Campaign Contributions - Limitations on amount and document filing methods. (Subject to Mayor’s Veto) Sponsors:Office of the City Clerk 1.-C.ID 23-1075 RESOLUTION - Concerning Measure C Extension Local Transportation Purposes Pass-Through Projects and Program Funds Annual Allocation for Fiscal Year 2023-2024 Sponsors:Budget and Management Studies Department 1.-D.ID 23-1199 Actions pertaining to an agreement with the Fresno Area Hispanic Foundation for the Small Business Façade Program for $1,000,000: 1. Affirm the City Manager’s determination that Fresno Area Hispanic Foundation is uniquely qualified to administer the Small Business Façade Program on behalf of the City of Fresno. 2. Approve an agreement with Fresno Area Hispanic Foundation allocating $1,000,000 for the Small Business Façade Program providing grants to underserved and minority small businesses located in Council Districts 1 and 4 in an effort to improve the façade of their brick-and-mortar business. Sponsors:Finance Department, Council President Maxwell and Vice President Perea 1.-E.ID 23-1195 Award a requirements contract for automotive, heavy-duty, and construction equipment batteries for the municipal fleet to Motive Energy, LLC of Fresno, California, for three years with three, one-year optional extensions, for a total contract amount of $397,532, plus annual CPI adjustments Sponsors:General Services Department Page 5 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final 1.-F.ID 23-1160 Actions pertaining to the California Automated Permit Processing (CalAPP) grant. 1. Authorize the Chief Information Officer to accept $100,000 in grant funding for the CalAPP grant awarded to the City of Fresno from the California Energy Commission. 2. Authorize the Chief Information Officer to execute the Grant Agreement, extensions and all related documentation applicable to the CalAPP grant. 3. ***RESOLUTION - Adopt the 2nd Amendment to the Annual Appropriation Resolution (AAR) No 2023-185 appropriating $100,000 for the CalAPP grant (Requires five affirmative votes) (Subject to Mayor’s veto). Sponsors:Information Services Department 1.-G.ID 23-1113 Actions Pertaining to Measure P Expanded Access to Arts and Culture: 1. Adopt a finding that the Cultural Arts Plan is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 2. ***RESOLUTION - Adopting the City of Fresno Cultural Arts Plan as recommended by the Parks, Recreation and Arts Commission (PRAC) (Subject to Mayor’s Veto) 3. ***RESOLUTION - A Resolution of the Council of the City of Fresno Adopting the 10th Amendment to the Annual Appropriation Resolution No. 2023-185 to appropriate $194,500 for Measure P Administration Costs and $9,528,100 for grants for Expanded Access to Arts and Culture. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 4. Approve a five-year Administrative Services Agreement with the Fresno Arts Council for the Expanded Access to Arts and Culture Grant Program for a total annual fee not to exceed 2% of Measure P Expenditure Category 4, and authorize the City Manager or designee to execute all contract related documents on behalf of the City Sponsors:Parks, After School and Recreation and Community Services Department Page 6 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final 1.-H.ID 23-1044 Approve First Amendment to Service Agreement entered between the City of Fresno, and ACE Parking Management III, LLC to provide revenue controls, customer service, and maintenance at the City’s portfolio of parking assets adding Tower Theater Parking Lot for an increase of $51,040.80 for a total fee of $13,230,332. Sponsors:Planning and Development Department 1.-I.ID 23-952 Actions pertaining to the Consultant Services Agreement with Precision Civil Engineering, Inc.: 1. Affirm the City Manager’s determination that Precision Civil Engineering is uniquely qualified to provide the planning and environmental services related to the Residential in Office Text Amendment. 2. Approve a consultant agreement with Precision Civil Engineering for planning and environmental services related to the Residential in Office Text Amendment in the amount of $83,200. Sponsors:Planning and Development Department 1.-J.ID 23-1173 Approve a consultant services agreement with Tetra Tech BAS, Inc., for an amount not to exceed $363,700, to conduct a composting facility feasibility study for the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). Sponsors:Department of Public Utilities 1.-K.ID 23-1188 Approve an increase to the requirements contract with Dawson-Mauldin, LLC., for permanent asphalt concrete pavement repairs, in the amount of $960,000 for a total contract amount of $6,664,400 (Citywide). Sponsors:Department of Public Utilities Page 7 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final 1.-L.ID 23-1190 Approve the First Amendment to the consultant services agreement with Pcubed Associates Incorporated to extend the term of the contract to December 31, 2024, for the previously approved contract in the amount of $129,030, for the Forensic Investigation of Structural Components at the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). Sponsors:Department of Public Utilities 1.-M.ID 23-1168 Actions pertaining to the Woodward Park Pickleball Project (Council District 6) 1. ***RESOLUTION - 1st Amendment to the Annual Appropriation Resolution No. 2023-185 appropriating $283,500 for professional engineering services and design phase project management costs (Requires 5 Affirmative Votes)(Subject to Mayor’s Veto) 2. Approve an agreement for professional engineering services with Quad Knopf Inc., dba QK, of Fresno, California for $196,200, with a $25,000 contingency, for design and construction support services Sponsors:Parks, After School, Recreation and Community Services Department and Capital Projects Department 1.-N.ID 23-1174 Approve an agreement for professional engineering services with Quad Knopf Inc., dba QK, of Fresno, California for $86,930 with a $10,000 contingency, for design and construction support services for the Roeding Park Court Repurposing Project (Council District 3) Sponsors:Parks, After School, Recreation and Community Services Department and Capital Projects Department Page 8 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final 1.-O.ID 23-1169 Actions pertaining to the Mariposa Plaza Renovations - Bid File No. 12302138 (Council District 3): 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15302/Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines 2. Award a construction contract in the amount of $2,691,094 to American Paving Co. of Fresno, California 3. Approve a service agreement in the amount of $178,633.44 with Pacific Gas and Electric Company Sponsors:Public Works Department and Capital Projects Department 1.-P.ID 23-1165 Actions pertaining to the Fresno Street and Browning Avenue Intersection Improvements Project - Bid File 12301325 (Council District 4) 1. Adopt a finding of Categorical Exemption per staff’s determination pursuant to Section 15301/Class 1, 15302/Class 2, and 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract in the amount of $816,000 to St. Francis Electric, LLC., of San Leandro, California Sponsors:Public Works Department 1.-Q.ID 23-1164 ***BILL B-25 - (Intro’d July 20, 2023) (For adoption) - Amending Section 4-117 to the Fresno Municipal Code relating to National Targeted Hiring in contracts for any Public Work of Improvement not covered by a Project Labor Agreement and increasing median income levels for National Economically Disadvantaged Area (Subject to Mayor’s Veto) Sponsors:Public Works Department 1.-R.ID 23-1159 RESOLUTION - Approving the Final Map of Tract No. 6350, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on North Parc West Drive west of North Grantland Avenue (Council District 1) Sponsors:Public Works Department Page 9 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final 1.-S.ID 23-1156 RESOLUTION - Approving the Final Map of Tract No. 6276, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northwest corner of North Parc West Drive and North Grantland Avenue (Council District 1) Sponsors:Public Works Department 1.-T.ID 23-1214 Approve Contract Change Order No. 1 to a requirements contract with ScrubCan, Inc. of Fresno, CA, for Business Corridor Litter Abatement Services in the amount of $245,856 for a one-year contract to include the Olive Avenue, Linden Avenue, Wishon Avenue, Fern Avenue and Van Ness Avenue business corridors in the Tower District, bringing the total contract value to $359,616 (Council District 1) Sponsors:Public Works Department 1.-U.ID 23-1193 Approve an agreement with the Fresno County Superintendent of Schools (FCSS) for the Fresno Police Department to provide a student resource officer (SRO) at the high school, Violet Heintz Educational Academy to perform regular law enforcement duties. Sponsors:Police Department 1.-V.ID 23-1150 Approve the First Amendment to the professional consultant agreement with PCubed Associates for the FAX Maintenance Facility HVAC and Building Improvements project to provide additional design and engineering services in the amount of $99,300.00. Sponsors:Department of Transportation 1.-W.ID 23-1220 Bill (for introduction) - Amending Sections 3-610, 3-616, 7-1510, 9-234 and 9-915 of the Fresno Municipal Code, relating to human rights, including protections against discrimination based on an individual’s caste and indigeneity Sponsors:Councilmember Arias, Councilmember Karbassi and Vice President Perea Page 10 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 23-1078 Hold a public hearing and approve items related to the granting of a Non-Exclusive Roll-Off Franchise for roll-off collection services (Citywide) 1. Hearing in accordance with Fresno City Charter Section 1303 related to ordinance and adoption of ordinance 2. ***BILL No. B-22 (Introduced June 29, 2023) (For adoption) of the City of Fresno, which grants to Valley Dumpster Service LLC, a non-exclusive franchise for roll-off collection services within the City of Fresno (Subject to Mayor’s veto) 3. Authorize the Director of Public Utilities to execute an agreement of Non-Exclusive Franchise for Roll-off Collection Services with the City of Fresno Sponsors:Department of Public Utilities 10:05 A.M. #1 ID 23-1192 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District Number 11, Annexation Number 146 (Final Tract Map Number 6383) (Located on the northeast corner of North Armstrong Avenue and East Floradora Avenue) (Council District 7) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 146 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2023-2024 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 146 (Subject to Mayor’s Veto) Sponsors:Public Works Department 10:05 A.M. #2 (REMOVED FROM THE AGENDA WITH NO RETURN DATE) Page 11 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final ID 23-1120 HEARING to consider the adoption of the Central Southeast Area Specific Plan and related Environmental Assessment, State Clearinghouse (SCH No. 2023020138), and related actions: 1. ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22-00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. Seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2. APPROVE Plan Amendment Application P22-00400 which proposes to: a. RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b. BILL (For Introduction)(For Adoption) - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c. ***RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) (Subject to Mayor’s Veto) d. RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e. BILL (For Introduction)(For Adoption) - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3. RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to maintain consistency (Exhibit S). Sponsors:Planning and Development Department 10:05 A.M. #3 ID 23-1129 Consideration of Plan Amendment and Rezone Application No. P22-04389, Development Permit Application No. P22-02376, and Page 12 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final related Environmental Assessment No. P22-04389/P22-02376 pertaining to ±4.39 acres of property located on the east side of North Armstrong Avenue between East Clinton and East Shields Avenues (Council District 7) - Planning & Development Department. 1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-02376/P22-04389, dated June 16, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA). 2. RESOLUTION - approving Plan Amendment Application No. P22-04389, requesting authorization to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential. 3. BILL - (For introduction and adoption) Rezone Application No. P22-04389, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) (±4.39 acres) zone district to RM-1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application. 4. APPROVE - Development Permit Application No. P22-02376, requesting authorization to construct a 64-unit, two-story multi-family residential development including a community building, subject to compliance with the Conditions of Approval dated August 10, 2023. Sponsors:Planning and Development Department 10:10 A.M. #1 ID 23-1121 HEARING to Consider Plan Amendment and Rezone Application No. P22-00507, Development Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/P22-00505 pertaining to ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues. (Council District 2) - Planning & Development Department. 1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. RESOLUTION - Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 Page 13 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final acres) to Commercial - General (±1.23 acres); and, 3. BILL - (For introduction and adoption) - Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to the CG (Commercial - General) (±1.23 acres) zone district in accordance with the Plan Amendment Application; and, 4. APPROVE - Development Permit Application No. P22-00505, requesting authorization to construct an 11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site, subject to compliance with Conditions of Approval dated March 1, 2023. Sponsors:Planning and Development Department 10:10 A.M. #2 ID 23-1162 HEARING to consider the vacation of a portion of North Hayes Avenue, south of West Bullard Avenue (Council District 2): 1. ***RESOLUTION - Ordering the vacation a portion of North Hayes Avenue, south of West Bullard Avenue (Subject to Mayor’s Veto) Sponsors:Public Works Department 10:15 A.M. ID 23-1030 HEARING - Consideration of an appeal of the City Manager’s decision to approve the change of location for retail Commercial Cannabis Business Permit No. C-20-88 (Council District 5) Sponsors:Office of Mayor & City Manager 10:20 A.M. (CONTINUED TO AUGUST 24, 2023 10:20 A.M.) ID 23-1131 Hearing to Consider Development Permit Application No. P22-01346 and related Environmental Assessment No. P22-01346 pertaining to ±0.69 acres of property located on the northwest corner of East McKinley and South Fine Avenues (Council District 4) - Planning & Development Department. 1.CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class Page 14 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and, 2.DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No. P22-01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022 . Sponsors:Planning and Development Department 10:25 A.M. ID 23-1161 Hearing to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources and adoption of findings necessary to support recommendation pursuant to FMC 12-1609 1. ***RESOLUTION - A Resolution of the City Council of the City of Fresno, California, designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street, Fresno California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto). Sponsors:Planning and Development Department 3. GENERAL ADMINISTRATION 4. CITY COUNCIL 4.-A.ID 23-1216 Approve a Memorandum of Understanding between the City of Fresno and the California State Office of the Attorney General (OAG) to develop a Cannabis Administrative Prosecutor Program (CAPP). Sponsors:City Attorney's Office, Councilmember Karbassi, Councilmember Esparza and Councilmember Arias 5. CLOSED SESSION 5.-A.ID 23-1177 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) TAT Fresno, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00234 Sponsors:City Attorney's Office Page 15 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final 5.-B.ID 23-1178 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) HAVEN #20, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00238 Sponsors:City Attorney's Office 5.-C.ID 23-1152 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case name: 1 Community Compact v. City of Fresno, Fresno Superior Court Case No. 23CECG02740 Sponsors:City Attorney's Office 5.-D.ID 23-1200 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Ellen Nelson v. City of Fresno, et al.; Fresno Superior Court Case No.: 21CECG02750 Sponsors:City Attorney's Office 5.-E.ID 23-1204 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): 1 potential case Sponsors:City Attorney's Office 5.-F.ID 23-1207 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case Sponsors:City Attorney's Office 5.-G.ID 23-1217 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case Sponsors:City Attorney's Office 5.-H.ID 23-1223 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case Page 16 City of Fresno ***Subject to Mayoral Veto August 10, 2023City Council Meeting Agenda - Final Sponsors:City Attorney's Office 5.-I.ID 23-1182 CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957(a): Discuss security of City Hall. Sponsors:Office of Mayor & City Manager ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS UPCOMING EMPLOYEE CEREMONIES EMPLOYEE OF THE QUARTER - 9:00 A.M. • October 18, 2023 (Wednesday) - Employee of the Fall Quarter EMPLOYEE SERVICE AWARDS - 10:00 A.M. • November 15, 2023 (Wednesday) - Employee Service Awards 2023 CITY COUNCIL MEETING SCHEDULE August 24, 2023 - 9:00 A.M. September 14, 2023 - 9:00 A.M. September 28, 2023 - 9:00 A.M. October 5, 2023- 9:00 A.M. October 19, 2023 - 9:00 A.M. November 2, 2023 - 9:00 A.M. November 16, 2023 - 9:00 A.M. December 7, 2023 - 9:00 A.M. December 14, 2023 - 9:00 A.M. Page 17 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-893 Agenda Date:8/10/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Dakota Eco-garden 10-year Anniversary” City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 PRESENTED CITY OF FRESNO Office of Council Vice President Annalisa Perea __________________________________________ JERRY P. DYER, Honorable Mayor __________________________________________ TYLER MAXWELL, Council President District 4 __________________________________________ GARRY BREDEFELD, Councilmember District 6 __________________________________________ NELSON ESPARZA, Councilmember District 7 __________________________________________ ANNALISA PEREA, Council Vice President District 1 __________________________________________ MIKE KARBASSI, Councilmember District 2 __________________________________________ MIGUEL ARIAS, Councilmember District 3 __________________________________________ LUIS CHAVEZ, Councilmember District 5 WHEREAS, the Dakota EcoGarden has been a beacon of hope and support for the unhoused community since August 2013. Over the span of ten years, it has extended a helping hand to 123 individuals, providing them with a safe place to stay, a mailing address, telephone and computer access, kitchen and laundry facilities. They not only offer a place to stay, but a space of safety, dignity, and opportunity; and WHEREAS, Nancy Waidtlow laid the foundation of the partnership between the Dakota EcoGarden and the non-profit “The Eco Village Project of Fresno”, led by the locally famed architect Arthur Dyson. Under Mr. Dyson’s guidance, the EcoGarden boasts three architecturally innovative structures, designed to embrace and uplift those who have found themselves unhoused, garnering recognition through four esteemed architectural awards; and WHEREAS, The Eco Village Project of Fresno embodies a holistic, individual housing alternative for the homeless in an environmentally sustainable manner. It’s a supportive pathway, equipping its residents with educational, emotional, and physical tools leading them to a meaningful and self-sufficient life; and WHEREAS, residents of the Dakota EcoGarden tend to the garden, help with the cooking and maintenance of the place, and have gone so far as to install solar panels so that residents have access to electricity. With the capacity to shelter up to sixteen individuals at any given time, the Dakota EcoGarden has become a symbol of communal unity and strength; and WHEREAS, the generosity of local community donors continues to fully fund the essential services, community, and volunteer work that takes place at the Dakota EcoGarden. NOW, THEREFORE, BE IT RESOLVED, that we, Council Vice President Annalisa Perea, Mayor Jerry P. Dyer, and the Fresno City Councilmembers, do hereby proclaim Thursday, August 10, 2023, to be: “Dakota EcoGarden Day” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, on this 10th day of August 2023. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1172 Agenda Date:8/10/2023 Agenda #: CEREMONIAL PRESENTATION ASE Blue Seal of Excellence Recognition to the Fleet Management Division of the General Services Department. See attached City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 PRESENTED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1218 Agenda Date:8/10/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Dale Yurong's 40th Year Anniversary” City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 PRESENTED CITY OF FRESNO byy|vx Éy `tçÉÜ ]xÜÜç cA WçxÜ _________________________________ ________________________________ JERRY P. DYER, Honorable Mayor TYLER MAXWELL, Council President _________________________________ ANNALISA PEREA, Vice President MIKE KARBASSI, Councilmember District 2 _________________________________ MIGUEL ARIAS, Councilmember District 3 LUIS CHAVEZ, Councilmember District 5 _________________________________ GARRY BREDEFELD, Councilmember District 6 NELSON ESPARZA, Council District 7 WHEREAS, Action News Live at 6:30 anchor Dale Yurong is celebrating 40 years with ABC30. For four decades, Dale has enjoyed telling untold stories in Fresno and up and down the San Joaquin Valley, as well as, since 2020, featuring local eateries in a popular segment known as Dine + Dish; and WHEREAS, in his time as a journalist, Dale has won an Edward R. Murrow Award, an Emmy Award, and has been named Associated Press Reporter of the Year. He established Ag Watch to give viewers insight into the Valley's top industry. He is a four-time winner of the Fresno County Farm Bureau Award and has earned many other honors; and WHEREAS, earlier in his career, Dale was a sports anchor. In that time, he interviewed elite athletes such as the late Kobe Bryant, Michael Jordan, Steve Young, Magic Johnson and Will Clark, and especially enjoyed watching locals like Bruce Bowen and Olympic snowboarder Andy Finch realize their childhood dreams; and WHEREAS, a Stockton native, Dale graduated with a Communications degree from the University of the Pacific. He and his wife have three children; and WHEREAS, in his spare time, Dale likes to read, play basketball and tend to his tropical plants; and WHEREAS, over four decades at ABC30, Dale has become a local icon, known to generations of Fresno and Valley television viewers for his honest and thorough reporting and his steadfast delivery of the news. NOW, THEREFORE BE IT RESOLVED that we, Mayor Jerry Dyer and Members of the Fresno City Council, do hereby proclaim Thursday, August 10, 2023 to be: “Dale Yurong Day” In the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 10th day of August 2023. VxÄxuÜtà|Çz WtÄx lâÜÉÇzËá GCàlxtÜá tà TUVFC City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1198 Agenda Date:8/10/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation “Honoring Deputy Mayor Matthew Grundy” City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 PRESENTED CITY OF FRESNO byy|vx Éy `tçÉÜ ]xÜÜç cA WçxÜ _________________________________ ________________________________ JERRY P. DYER, Honorable Mayor TYLER MAXWELL, Council President _________________________________ ANNALISA PEREA, Vice President MIKE KARBASSI, Councilmember District 2 _________________________________ MIGUEL ARIAS, Councilmember District 3 LUIS CHAVEZ, Councilmember District 5 _________________________________ GARRY BREDEFELD, Councilmember District 6 NELSON ESPARZA, Council District 7 WHEREAS, Matthew Grundy, a husband, father and dedicated public servant with an abiding faith in God, moved to Fresno in 2015 without knowing a soul, but trusting that God had guided him here; and WHEREAS, at one time in life, Matthew found himself homeless, but was able to build from those challenging circumstances. He earned a Bachelor’s Degree in business administration, with an emphasis in entrepreneurial studies, from the University of Southern California, and eventually worked as an organizational consultant, developer, and president of a national educational services company that focused on turning around failing public schools. Matthew’s work helped improve K-12 academic outcomes for 250,000 low-income students in 1,000 schools across 16 states; and WHEREAS, after serving as the Habitat for Humanity Greater Fresno Area’s CEO, Matthew in January 2021 joined Mayor Dyer’s administration as Deputy Mayor. Mayor Dyer assigned Matthew a series of demanding and complex tasks that he executed brilliantly. These included spearheading Mayor Dyer’s One Fresno Housing Strategy, collaborating with staff to improve the City’s planning and building outcomes, overseeing the successful Youth Jobs Corps program, helping revitalize Camp Fresno to serve underserved youth, and jump-starting the Office of Community Affairs, which serves the City’s key constituent groups – multicultural and immigrant populations, faith-based, civic and human service, and others, including community benefit organizations; and WHEREAS, as Vice-Chairman of the One Fresno Foundation, Matthew continues to work with Mayor Dyer and the Foundation board to provide scholarships to youth and sponsorships to youth-serving organizations; and WHEREAS, Matthew’s heart and soul went into supporting Mayor Dyer’s One Fresno vision, and his deep love of giving back to the community, while remaining dedicated to his wife and family, is inspiring. NOW, THEREFORE BE IT RESOLVED that we, Mayor Jerry Dyer and Members of the Fresno City Council, do hereby proclaim Thursday, August 10, 2023 to be: “Matthew Grundy Day” In the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 10th day of August 2023. [ÉÇÉÜ|Çz WxÑâàç `tçÉÜ `tàà{xã ZÜâÇwç City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1183 Agenda Date:8/10/2023 Agenda #: 1.-A. REPORT TO THE CITY COUNCIL FROM:TODD STERMER, City Clerk Office of the City Clerk SUBJECT Approval of Minutes for July 20, 2023, Regular Meeting Attachment: Draft Minutes for July 20, 2023, Regular Meeting City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 MA/MK 7-0 APPROVED ON CONSENT Thursday, July 20, 2023 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers (In Person and/or Electronic) City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Meeting Minutes - Draft Regular Meeting July 20, 2023City Council Meeting Minutes - Draft The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 9:09 A.M. ROLL CALL Councilmember Nelson Esparza Council President Tyler Maxwell Vice President Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Present:7 - Invocation by Father Jim Pappas with Saint George Greek Orthodox Church Father Jim Pappas gave the invocation. Pledge of Allegiance to the Flag Councilmember Bredefeld led the Pledge of Allegiance. APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: Consent Calendar item 1-B (ID 23-1091) regarding amendments to FMC section 2-1105 relating to campaign contributions. An updated bill was sent as a supplement and uploaded to the website. Also, the following changes to the staff report were read into the record: (i) Under the Recommendation header, the sentence “specify that the City limits for small contributor committee contributions refers to Government Code 85302(b),” should be removed. (ii) the last sentence under the “Background” header should read, “[t]his update reflects that and clarifies which sections of the Government Code are the references for individual and small contributor committees contributions.” Consent Calendar item 1-R (ID 23-1074) regarding a consultant services agreement with Tetra Tech BAS, Inc. to conduct a composting facility feasibility study for the Fresno-Clovis Regional Wastewater Reclamation Facility – was removed from the agenda by Councilmember Arias and tabled to August 10, 2023. City of Fresno ***Subject to Mayoral Veto Page 2 July 20, 2023City Council Meeting Minutes - Draft Consent Calendar item 1-KK (ID 23-1050) regarding the creation of a pilot program to improve the safety of and establish procedures for sidewalk vending in Tower District – the item is subject to Mayor’s Veto. Closed Session item 5-B (ID 23-1070) regarding TAT Fresno, LLC v. City of Fresno – was removed from the agenda and tabled to August 10, 2023. Closed Session item 5-C (ID 23-1072) regarding HAVEN #20, LLC v. City of Fresno – was removed from the agenda and tabled to August 10, 2023. Councilmember Chavez stated Consent Calendar item 1-P (ID 23-1061) regarding second amendment agreement to the agreement with Fresno Unified School District - noted that while his spouse works at Fresno Unified there is no conflict of interest. Councilmember Bredefeld recused himself from Consent Calendar item 1-Y (23-1119) regarding the Senior Activity Center and Affordable housing project. Councilmember Bredefeld registered a "no" vote on Consent Calendar item 1-N (ID 23-942) regarding the Climate Adaptation and Environmental Justice Planning. Vice President Perea recused herself from Consent Calendar item 1-GG (ID 23-1073) regarding professional engineering services agreement with Quad Knopf, Inc., dba QK. ITEMS MOVED TO CONTESTED CONSENT FOR FURTHER DISCUSSION: 1-D (ID 23-1088) regarding the Municipal Service Center Electrical Infrastructure and Rehab project – was moved to Contested Consent by Councilmember Arias. 1-F (ID 23-1124) regarding a lease agreement between the City of Fresno and Tutelian Holdings I, LLC, for office space located at 2440 Tulare Street City of Fresno ***Subject to Mayoral Veto Page 3 July 20, 2023City Council Meeting Minutes - Draft – was moved to Contested Consent by Councilmember Arias. 1-K (ID 23-1083) regarding Requirements Contract for Charter Bus Services – was moved to Contested Consent by Councilmember Arias. 1-L (ID 23-1039) regarding the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD) – was moved to Contested Consent by Councilmember Arias. 1-N (ID 23-942) regarding the Climate Adaptation and Environmental Justice Planning – was moved to Contested Consent by Council President Maxwell. 1-Q (ID 23-744) regarding the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – was moved to Contested Consent by Councilmember Arias. 1-Y (ID 23-1119) regarding the Senior Activity Center and Affordable Housing Project – was moved to Contested Consent by Councilmember Arias. 1-LL (ID 23-1097) regarding Affordable Connectivity Program - was moved to Contested Consent by Vice President Perea. On motion of Councilmember Arias, seconded by Councilmember Esparza,the above agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez, and Bredefeld On motion of Councilmember Arias, seconded by Council President Maxwell to reconsider approval of the agenda to place Consent Calendar item 1-GG (ID 23-1073) regarding professional engineering services agreement with Quad Knopf, Inc., dba QK. back on the agenda, then table the item to August 10, 2023. The motion carried by the following vote: Aye: 5 - Esparza, Maxwell, Arias, Chavez, and Bredefeld City of Fresno ***Subject to Mayoral Veto Page 4 July 20, 2023City Council Meeting Minutes - Draft Absent: 1 - Karbassi Recused: 1 - Perea On motion of Councilmember Arias, seconded by Councilmember Bredefeld,the above AGENDA was APPROVED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 - Absent:Karbassi1 - CEREMONIAL PRESENTATIONS ID 23-905 Proclamation for “Honoring Carden School for their achievement at this year’s Science Fair” PRESENTED ID 23-1092 Proclamation for “Kristine Cai Day” PRESENTED ID 23-1100 Fresno Animal Center’s “Pet of the Month” presented by Fresno Humane Animal Services PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Arias Reports and Comments: Announced the construction of a new tot lot at JSK Park started, aiming for completion by September and acknowledged staff for their efforts on the construction project. Announced the Code Enforcement School Area Team will be hosting an outreach event at Addams Elementary. Discussed the ongoing repaving work in Gary, MLK, Florence, and Fairview neighborhoods with completion in the next upcoming weeks. Discussed the status of completion for the preservation of three Armenian homes in downtown Fresno and acknowledged the staff for the fire inspection for the project. Acknowledged Council Vice President Perea for the partnership on the pilot program for the Tower District Street vendor focusing on regulation, safety, and noise control. Councilmember Karbassi Reports and Comments: Attended and sponsored the Fresno Police Officers Association (FPOA) charity poker tournament to benefit the newly formed Fresno Police Officers Foundation. Attended the City of Fresno ***Subject to Mayoral Veto Page 5 July 20, 2023City Council Meeting Minutes - Draft Fresno Fire Department Academy graduation. Had numerous constituent visits, addressing issues with sidewalks, and falling tree limbs, and acknowledged public works staff for their quick responses. Mentioned several grand openings in Northwest Fresno, including the Ladybug Boutique and California Fish Grill. Acknowledged Assistant Director Skei, of the Heart Team, for being helpful and responsive in addressing issues related to businesses on the Shaw Avenue Corridor. Reminded the public of the availability of the Pinedale cooling centers which includes free transportation. Councilmember Chavez Reports and Comments: Expressed gratitude to the Public Works team for their hard work in filling potholes and fixing streets that were appropriated for repairs in the previous year. Thanked the cooling center staff for their efforts and discussed the importance of the cooling centers for people without air conditioning at home. Councilmember Esparza Reports and Comments: Participated in a ribbon-cutting ceremony for the Senior Center Outreach headquarters. Gratitude was extended to the neighbors who attended a neighborhood watch meeting on the morning of Fourth of July near Manchester Park. Announced the upcoming Beautify Fresno event at Leavenworth Elementary on Saturday at 8:00 a.m. Announced the annual "Beat the Heat" event at Romaine Park on August 9, 2023 from 3:00 to 6:00 p.m. Acknowledged District 7 staff, community partners, and the parks department for their efforts in organizing the event. Vice President Perea Reports and Comments: Attended the Senior Center Town Hall meetings to gather input for the new senior center in District 1 and acknowledged staff for organizing the meetings. Attended the Teague Resource Center community input meeting. Participated in Senator Caballero's young legislative program. Announced the upcoming two evening in District 1 - movies in the park at Lions Park showing "Cool Running's" and the Tower District Farmers Market. The upcoming back to school events were announced: Back-to-School Block Party at the Teague Resource Center July 29, 2023, backpack giveaway at Fresno City College in partnership with District 7 on July 30, 2023, and backpack giveaway at Inspiration Park in partnership with Assembly Member Esmeralda Soria on City of Fresno ***Subject to Mayoral Veto Page 6 July 20, 2023City Council Meeting Minutes - Draft August 3, 2023. She announced the final movies in the park event will be held at Lions Park on August 10, 2023. Gave extended birthday wishes to John Robles, who will be turning 100 years old and will celebrate with family and friends on Sunday. President Maxwell Reports and Comments: Announced upcoming community meetings in District 4, a star party at Einstein Park on Saturday from 8:00 p.m. to 10:00 p.m. Announced the annual "Beat the Heat" event at Vinland Park from 4:00 to 7:00 .pm. on August 12, 2023. Councilmember Bredefeld Reports and Comments: Discussed the departure of Deputy Mayor Matthew Grundy and wished him well in his future endeavor and acknowledged Deputy Mayors dedication to the City of Fresno. MAYOR/MANAGER REPORTS AND COMMENTS City Manager White Reports and Comments: Discussed the draft Environmental Impact Report (EIR) public comment period for the SATA plan that opened earlier in the week and discussed the draft Multi-Jurisdictional Housing Element with a 30-day public comment period starting August 18, 2023. Acknowledged Deputy Mayor Grundy's last day will be on August 1, 2023. Praised Deputy Mayor Grundy and admired his humble and collaborative approach in the City of Fresno. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS City Clerk Stermer Reports and Comments: Announced availability on boards and commission for individuals who have a passion to serve their community and encouraged interested individuals to browse the vacancies and submit their applications on the City Clerk's website. Announced the upcoming primary election on March 5, 2024, the City Clerk's website will be updated with relevant documentation to guide potential candidates. Information about the election can also be found on the Fresno County website at fresnocountyca.gov or call the Elections Department at 559-600-8683. The upcoming election include Council Districts 2, 4, 6, and the Mayoral position. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Brunette City of Fresno ***Subject to Mayoral Veto Page 7 July 20, 2023City Council Meeting Minutes - Draft Harris (1-L), Yvonne Gordon (1-L), David C. Marshall, Diane Smith (1-L), Fernando Paul Elizondo, Maria Alvaren Garcia, Brandi Nuse-Villegas, Ivanka Saunders, Natalie Delgado and Lisa Flores. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Arias, seconded by Councilmember Esparza, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld6 - Absent:Chavez1 - 1.-A.ID 23-1068 Approval of Minutes for June 29, 2023, Regular Meeting. APPROVED ON CONSENT CALENDAR 1.-B.ID 23-1091 BILL - (For Introduction) to Amend Section 2-1105 of the Fresno Municipal Code, relating to Campaign Contributions - Limitations on amount and document filing methods. BILL B-24 APPROVED, INTRODUCED AND LAID OVER APPROVED ON CONSENT CALENDAR 1.-C.ID 23-1089 Actions related to a California Office of Emergency Services (Cal OES) Training Agreement for $77,250 for Regional Task Force MOBEX Event 1. Accept FY 2024 Cal OES training award for $77,250 for Regional Task Force MOBEX event. 2. ***RESOLUTION - Adopting the 7th Amendment to the Annual Appropriation Resolution No. 2023-185 to increase appropriations by $77,300 from Cal OES to provide mobilization exercise (MOBEX) training to Regional Task Force (RTF) members. (Requires 5 affirmative votes)(Subject to Mayor’s Veto). APPROVED ON CONSENT CALENDAR 1.-E.ID 23-1098 Actions pertaining to the Fresno Water Tower Electrical Upgrade project: 1. Adopt finding of a Categorical Exemption pursuant to Section 15301(a) Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines City of Fresno ***Subject to Mayoral Veto Page 8 July 20, 2023City Council Meeting Minutes - Draft 2.Award a construction contract to Art ’s Construction Co., Inc. of Fresno, California, in the amount of $695,000 for the construction of the Fresno Water Tower Electrical Upgrade project (Bid File 12301487)(District 3) 3.Authorize the Director of General Services or designee to execute all related documents APPROVED ON CONSENT CALENDAR 1.-G.ID 23-1094 Approve a three-year Service Agreement with Info-Tech Research Group for membership services and access to industrywide product information and support services in the amount of $116,010.03, with annual payments of $38,670.01, utilizing competitively bid California Multiple Award Schedule (CMAS) contract 3-19-70-3685A. APPROVED ON CONSENT CALENDAR 1.-H.ID 23-1104 Actions pertaining to the implementation of customer relationship management software for Council Offices: 1.Affirm City Manager’s determination that Incapsulate, LLC is uniquely qualified. 2.Award a contract to Incapsulate, LLC for the Customer Relationship Management implementation for Council Offices in the amount of $154,638.50. 3.***RESOLUTION - Adopting the 5th Amendment to the Annual Appropriation Resolution (AAR) No. 2023-185 to appropriate $154,700.00 for implementation of customer relationship management software for Council Offices (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2023-204 ADOPTED APPROVED ON CONSENT CALENDAR 1.-I.ID 23-1109 Approve the appointment of Emogene Nelson to Housing Authority of the City of Fresno for a term ending 4/30/2027. Approve the appointment of Paul Idsvoog to Housing Authority of the City of Fresno for a term ending 4/30/2024. Approve the appointment of Birdevinder Rickie Dhillon to the Disability Advisory Commission for a term ending 6/30/2024. Approve the appointment of Joseph Catania to the Tower District Specific Plan Implementation Committee for a term which serves at the pleasure of the Mayor. Approve the reappointment of Vernon J. Tracy to the Civil Service Board for a term ending 6/30/2027. APPROVED ON CONSENT CALENDAR 1.-J.ID 23-1082 Actions pertaining to the Consultant Services Agreement with eProperty Innovations, LLC: City of Fresno ***Subject to Mayoral Veto Page 9 July 20, 2023City Council Meeting Minutes - Draft 1. Affirm the City Manager’s determination that eProperty Innovations, LLC, is uniquely qualified to provide professional consultant services for the planning and development of the City of Fresno’s Land Bank operational framework. 2. Approve the Consultant Services Agreement between the City of Fresno and eProperty Innovations, LLC, in the amount of $79,580 for professional consultant services. APPROVED ON CONSENT CALENDAR 1.-M.ID 23-931 Actions pertaining to the Vehicle Miles Traveled (VMT) Mitigation Program: 1. Approve second amendment to the consultant services agreement with LSA Associates, Inc. extending contract performance date to December 31, 2024, and authorizing additional compensation in the amount of $151,595, for a total of $450,225.11. APPROVED ON CONSENT CALENDAR 1.-O.ID 23-1093 Accept a $300,000 contribution to the Community Benefits Fund from Lone Oak Fresno, LLC, for a project located at 791 and 998 East North Avenue, Fresno, APN 329-090-16 and 329-090-17. APPROVED ON CONSENT CALENDAR 1.-P.ID 23-1061 Approve a second amendment to the agreement with Fresno Unified School District (FUSD) for Student Resource Officers (SROs) at school sites, to provide an additional sergeant at FUSD school sites. This amendment provides for reimbursement in the amount of $117,513 from FUSD. Councilmember Chavez announced his wife works for the Fresno Unified School District but did not Recuse himself from the above item. APPROVED ON CONSENT CALENDAR 1.-R.ID 23-1074 Approve a consultant services agreement with Tetra Tech BAS, Inc., for an amount not to exceed $363,700, to conduct a composting facility feasibility study for the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). The above item was removed from the agenda by Councilmember Arias and tabled to August 10, 2023. TABLED 1.-S.ID 23-1084 Reject all bids for the Requirements Contract for meter boxes, lids, and related parts (Bid File 9665) (Citywide) City of Fresno ***Subject to Mayoral Veto Page 10 July 20, 2023City Council Meeting Minutes - Draft APPROVED ON CONSENT CALENDAR 1.-T.ID 23-1085 Approve the Second Amendment to the consultant services agreement with SEAM Group, LLC, to extend the term of the contract to December 31, 2024, for the previously approved contract in the amount of $387,200, for the Occupational Safety and Health Administration Compliant Lockout-Tagout Program at the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). APPROVED ON CONSENT CALENDAR 1.-U.ID 23-1086 Approve a consultant services agreement with Haley & Aldrich Incorporated, for an amount not to exceed $318,500, to provide a forensic investigation of structural components at the Northeast Surface Water Treatment Facility’s ozone contact basin and filter gallery (Council District 6). APPROVED ON CONSENT CALENDAR 1.-V.ID 23-1087 Actions pertaining to the Installation of a 16-inch diameter water main in Polk Avenue from Gettysburg Avenue to Acacia Avenue (Bid File 12301690) (Council District 1): 1. Adopt a finding of Categorical Exemption pursuant to Class 2, Section 15302(c) (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines. 2. Award a construction contract to West Valley Construction Company, Inc., in the amount of $963,992. APPROVED ON CONSENT CALENDAR 1.-W.ID 23-1096 Actions pertaining to the Fresno-Clovis Regional Wastewater Reclamation Facility remote racking systems (Council District 3): 1. ***Resolution - Adopt a Resolution authorizing the purchase and installation of remote racking upgrades for circuit breakers at the Fresno-Clovis Regional Wastewater Reclamation Facility from Wesco International, Inc., in an amount not to exceed $900,637, without advertised competitive bidding.(Subject to Mayor’s Veto) 2. Award a sole source purchase agreement to Wesco International, Inc., in the amount of $900,637, to provide necessary safety upgrades to 59 medium voltage circuit breakers at the Fresno-Clovis Regional Wastewater Reclamation Facility. RESOLUTION 2023-207 ADOPTED APPROVED ON CONSENT CALENDAR 1.-X.ID 23-1038 Approve Contract Change Order No. 6 to Strategic Mechanical, Inc. in the City of Fresno ***Subject to Mayoral Veto Page 11 July 20, 2023City Council Meeting Minutes - Draft amount of $9,958.15 for the Department of Transportation Fresno Area Express Replace HVAC FAX Administration Building Project, Project ID: FC00036 (Council District 3) APPROVED ON CONSENT CALENDAR 1.-Z.ID 23-1077 Actions pertaining to Resolution of Intention Number 1152-D to vacate a portion of North Hayes Avenue, south of West Bullard Avenue (Council District 2): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P22-02007, pursuant to Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. Adopt the attached Resolution of Intention Number 1152-D to vacate a portion of North Hayes Avenue, south of West Bullard Avenue APPROVED ON CONSENT CALENDAR 1.-AA.ID 23-1101 RESOLUTION - Of Intention to Annex Final Tract Map Number 6383 as Annexation Number 146 to the City of Fresno Community Facilities District Number 11 and to Authorize the Levy of Special Taxes; and setting the Public Hearing for Thursday, August 10, 2023, at 10:05 am (Located on the northeast corner of North Armstrong Avenue and East Floradora Avenue) (Council District 7) RESOLUTION 2023-208 ADOPTED APPROVED ON CONSENT CALENDAR 1.-BB.ID 23-1095 BILL - (For introduction) - Amending Section 4-117 to the Fresno Municipal Code relating to National Targeted Hiring in contracts for any Public Work of Improvement not covered by a Project Labor Agreement and increasing median income levels for National Economically Disadvantaged Area BILL B-25 APPROVED, INTRODUCED AND LAID OVER APPROVED ON CONSENT CALENDAR 1.-CC.ID 23-1076 Award a requirements contract to Allied Rodent Control in the amount of $83,420.00 per year to provide rodent control services at various facilities and parks (Bid File 12301318) (City Wide) APPROVED ON CONSENT CALENDAR 1.-DD.ID 23-1024 Approve Contract Change Order No. 03 in the amount of an estimated $174,390.40 for increases in unit cost amounts to Dave Christian Construction Co., Inc. for the North Abby Street HMA Pavement Overlay from Divisadero Street to Olive Avenue, Project ID PW00784 (Bid File 3785) (Council District 3). City of Fresno ***Subject to Mayoral Veto Page 12 July 20, 2023City Council Meeting Minutes - Draft APPROVED ON CONSENT CALENDAR 1.-EE.ID 23-1132 RESOLUTION - Adopting an amended list of proposed Public Works projects to receive Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2024. RESOLUTION 2023-209 ADOPTED APPROVED ON CONSENT CALENDAR 1.-FF.ID 23-1066 Actions pertaining to professional on-call architectural and engineering design services for the Public Works Engineering Division on City of Fresno parks capital improvement projects (Citywide) 1. Approve an On-Call Consultant Services Agreement with O’Dell Engineering Inc., of Fresno, California in the amount of $3,000,000 2. Approve an On-Call Consultant Services Agreement with Blair, Church and Flynn Consulting Engineers Inc., of Clovis, California in the amount of $3,000,000 3. Approve an On-Call Consultant Services Agreement with GHD Inc., of Fresno, California in the amount of $3,000,000 APPROVED ON CONSENT CALENDAR 1.-HH.ID 23-1065 RESOLUTION - Approving the Final Map of Tract No. 6402, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on East Alluvial Avenue west of North Willow Avenue (Council District 6) RESOLUTION 2023-210 ADOPTED APPROVED ON CONSENT CALENDAR 1.-II.ID 23-1031 Actions related to award of a contract with Trapeze Software Group, Inc. of Cedar Rapids, Iowa, in the amount of $1,189,131.00: 1. Affirm the City Manager’s determination that Trapeze Software Group, Inc. is uniquely qualified to perform maintenance services for existing Trapeze-based software products. 2. Affirm the City Manager’s determination that Trapeze Software Group, Inc. is uniquely capable as defined by the Federal Transit Administration for sole source non-competitive procurements, to perform software maintenance services for the Department of Transportation. 3. Award a three (3) year with two (2) 1-year options services contract to Trapeze Software Group, Inc. for the maintenance of existing Trapeze-based software products in the amount of $1,189,131.00. City of Fresno ***Subject to Mayoral Veto Page 13 July 20, 2023City Council Meeting Minutes - Draft FAX anticipates expending $217,125 for the first year of this agreement, $225,517 the second year, and $236,793 the third and final year. This service contract includes two optional years, which FAX can opt to exercise. 4. Authorize the Director of Transportation or designee to execute all related documents. APPROVED ON CONSENT CALENDAR 1.-JJ.ID 23-1027 Approve the Department of Transportation / Fresno Area Express (FAX) federally mandated Title VI Service Equity Analysis for proposed service changes, with conclusions of no disparate impacts on minority populations or disproportionate burdens on low-income populations. APPROVED ON CONSENT CALENDAR 1.-KK.ID 23-1050 Resolution - Creating A Pilot Program to Improve The Safety Of And Establish Procedures For Sidewalk Vending In Tower District RESOLUTION 2023-211 ADOPTED APPROVED ON CONSENT CALENDAR 1. -MM. ID 23-1115 ***Resolution - to adopt a Commercial Façade Improvement Grant Program for Districts 1 and 4 (Subject to Mayor’s Veto) RESOLUTION 2023-213 ADOPTED APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1.-D.ID 23-1088 Actions pertaining to the Municipal Service Center Electrical Infrastructure and Rehab project: 1. Adopt finding of a Categorical Exemption pursuant to Section 15301(b) Existing Facilities and Section 15302(c) Replacement or Reconstruction of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract to A -C Electric Company of Bakersfield, California, in the amount of $10,147,090 for the construction of the Municipal Service Center Electrical Infrastructure and Rehab project (Bid File 12300704) (District 3) Councilmember Arias moved this item to Contested Consent to get clarification on the Municipal Service Center Electrical Infrastructure and Rehab project. Council discussion on this item included: Additional electrical City needs City of Fresno ***Subject to Mayoral Veto Page 14 July 20, 2023City Council Meeting Minutes - Draft after spending ten million for this project; electrical infrastructure, replacements, and maintenance; 911 centers construction; future spending towards electrical needs, improvements, and adequate planning. APPROVED On motion of Councilmember Arias, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 - Absent:Karbassi1 - 1.-F.ID 23-1124 Actions pertaining to a lease agreement between the City of Fresno and Tutelian Holdings I, LLC, a California limited liability company, for office space located at 2440 Tulare Street. 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines 2. Approve a 10-year lease agreement between the City of Fresno and Tutelian Holdings I, LLC, a California limited liability company in the amount of $157,719 annually, with annual increases averaging 2.5%, plus the proportionate share of building operating costs estimated at $69,408 annually Councilmember Arias moved this item to Contested Consent to get clarification on the flexibility of the 10-year lease agreement and whether the city can exit the lease before its expiration without financial penalties. Council discussion on this item included: Provisions regarding early termination and requirements of agreement; standard rate per square foot for office space; City’s responsibility for 7.55% of the operating costs of lease; increase of operating costs and comparison to previous situations. APPROVED On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - City of Fresno ***Subject to Mayoral Veto Page 15 July 20, 2023City Council Meeting Minutes - Draft 1.-K.ID 23-1083 Actions Pertaining to a Requirements Contract for Charter Bus Services: 1. Approve the award of a requirements contract to Best Tours &Travel for two (2) years with two (2) optional one (1) year extensions for charter bus services for Parks, Afterschool, Recreation and Community Services (PARCS) programming (Bid File 12302539) 2. Authorize spending authority for charter bus services in an amount not to exceed $153,700 plus annual CPI increases, and no minimum spending guarantee expressed or implied under any respective requirements contract 3. Authorize the City Manager or designee to execute all related documents on behalf of the City Councilmember Arias moved this item to Contested Consent to get clarification on the Requirements Contract for Charter Bus Services. Council discussion on this item included: Unionization of vendor’s bus drivers and city’s potential to handle this process in-house. On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-L.ID 23-1039 Actions pertaining to funding provided by the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD): 1. ***RESOLUTION - Adopting Substantial Amendment 2022-02 to the Fiscal Year (FY) 2022-2023 Annual Action Plan and authorizing submission to the U.S. Department of Housing and Urban Development (HUD) to reprogram $1,417,211.98 in HOME Investment Partnership (HOME) funds from prior year HOME project savings; and authorizing the City Manager or designee to sign all implementing documents as approved to form by the City Attorney (Subject to Mayor’s veto) Councilmember Arias moved this item to Contested Consent to get clarification on the legality of the amendment. Council discussion on this item included: Reprogramming of funds; identified affordable housing projects; number of responses received regarding notice of funding, and funding from previous project savings redirected toward current housing projects. City of Fresno ***Subject to Mayoral Veto Page 16 July 20, 2023City Council Meeting Minutes - Draft RESOLUTION 2023-205 ADOPTED On motion of Councilmember Arias, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-N.ID 23-942 Actions pertaining to the Climate Adaptation and Environmental Justice Planning: 1. ***RESOLUTION Adopt the 3rd Amendment to the Annual Appropriation Resolution No. 2023-185 to Appropriate $650,000 from unspent FY 2023 General Fund Appropriations for General Plan Climate Adaptation and Environmental Justice Planning Consultant Services (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 2. Approve a consultant services agreement with Dudek for professional services related to Climate Adaptation and Environmental Justice Planning in the amount of $650,000. Council President Maxwell moved this item to Contested Consent to get clarification on the difference between climate adaptation and climate action plans. Council discussion on this item included: Differences between Climate Adaptation Plan and Climate Action Plan; environmental justice plan; timeline for reports on progress and distribution; updating to maintain relevance; analysis on the impact of the environmental justice plan on our revenue base, growth, development, and job creation; and neighboring counties compliance and status compared to Fresno. RESOLUTION 2023-206 ADOPTED On motion of Council President Maxwell, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Chavez6 - No:Bredefeld1 - 1.-Q.ID 23-744 Actions pertaining to the 2022 Edward Byrne Memorial Justice Assistance City of Fresno ***Subject to Mayoral Veto Page 17 July 20, 2023City Council Meeting Minutes - Draft Grant (JAG) Program: 1.Authorize the Chief of Police to accept $325,212 in total grant funding for the 2022 JAG Program from the U.S. Department of Justice, Bureau of Justice Assistance for the City and County of Fresno 2.Authorize the Chief of Police to execute all related documents for the acceptance, modification, extension and administration of 2022 JAG Program 3.Authorize the Chief of Police to execute an agreement between the City of Fresno and the County of Fresno regarding the 2022 JAG Program Councilmember Arias moved this item to Contested Consent to get clarification on the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Council discussion on this item included: Reasoning for joint application with County of Fresno; funding of items not in proposed budget: and standards/disciplinary actions for police officers found armed and under the influence. On motion of Councilmember Karbassi, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-Y.ID 23-1119 Actions pertaining to the Senior Activity Center and Affordable Housing Project (Council District 4) 1.Adopt an addendum to the Mitigated Negative Declaration as prepared for Environmental Assessment No. P23-02319, dated April 21, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA) 2.Approve a 57-Year Ground Lease Agreement with Integrated Community Development, or related legal entity, to develop and operate the Senior Affordable Rental Housing project located at 4323-4333 North Blackstone Avenue 3.Approve an Affordable Housing Agreement with Integrated Community Development, or related legal entity, to develop a Senior Affordable Rental Housing project located at 4323-4333 North Blackstone Avenue 4.Approve Phase 1 of a Progressive Design -Build Contract with Integrated Community Development to provide design services related to the Senior Activity Center Project in an amount not to exceed $634,117 City of Fresno ***Subject to Mayoral Veto Page 18 July 20, 2023City Council Meeting Minutes - Draft Councilmember Arias moved this item to Contested Consent to get clarification on the housing component of the project. Council discussion on this item included: limitations of physical space on the housing component; and estimate of GAP financing for closing. APPROVED On motion of Council President Maxwell, seconded by Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Chavez6 - Recused:Bredefeld1 - 1.-GG.ID 23-1073 Approve an agreement for professional engineering services with Quad Knopf Inc., dba QK, of Fresno, California for $82,930 with a $7,500 contingency, for design and construction support services for the Roeding Park Pickleball Court Project (Council District 3) Councilmember Arias moved this item to Contested Consent and motioned to table the item to August 10, 2023. Upon call, there was no public comment and no Council discussion. TABLED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be TABLED. The motion carried by the following vote: Aye:Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 - Recused:Perea1 - 1.-LL.ID 23-1097 Resolution - To Bring Focused Attention to an Affordable Connectivity Program to Bridge the Digital Divide for Residents Who Lack Internet Access Vice President Perea moved this item to Contested Consent to explain the Affordable Connectivity Program and its significance in bridging the digital divide and creating opportunities for residents in Fresno County. Council discussion on this item included: Internet stipends to qualifying households in Fresno County; Digital Divide; Lack of internet access in City of Fresno ***Subject to Mayoral Veto Page 19 July 20, 2023City Council Meeting Minutes - Draft Fresno County; Enrollment in the Affordable Connectivity Program; Percentage of residents enrolled in the program and its significance; Raising awareness of the program; Benefits of Internet Access; Impact of increased internet access on education, economic growth, and job opportunities. RESOLUTION 2023-212 ADOPTED On motion of Vice President Perea, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. #1 ID 23-1049 HEARING to adopt Resolutions and Ordinance to Annex Territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 11, Annexation Number 145 (Final Tract Map Number 6283) (Located on the southeast corner of North Fowler Avenue and East Dakota Avenue) (Council District 4) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 145 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 145 (Subject to Mayor’s Veto) The above hearing was called to order at 10:27 A.M. There was no staff presentation, no Council discussion. Upon call, no member of the public address Council. The public comment period closed at 10:28 A.M. RESOLUTION 2023-214 ADOPTED RESOLUTION 2023-215 ADOPTED RESOLUTION 2023-216 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 20 July 20, 2023City Council Meeting Minutes - Draft BILL B-26 INTRODUCED/ADOPTED AS ORDINANCE 2023-023 On motion of Council President Maxwell, seconded by Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:00 A.M. #2 ID 23-1069 Appearance by Alberta Boran to discuss cleanliness of Fresno. (Resident of District 2) Appeared and addressed Council. 10:00 A.M. #3 ID 23-1118 Appearance by Mary Padilla to discuss who are we representing. (Resident of District 2) DID NOT APPEAR 10:05 A.M. (CONTINUED TO AUGUST 10, 2023, AT 10:05 A.M.) ID 23-1079 HEARING to consider the adoption of the Central Southeast Area Specific Plan and related Environmental Assessment, State Clearinghouse (SCH No. 2023020138), and related actions: 1. ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22-00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. Seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2. APPROVE Plan Amendment Application P22-00400 which proposes to: a. RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b. BILL (For Introduction)(For Adoption) - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c. RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) d. RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to City of Fresno ***Subject to Mayoral Veto Page 21 July 20, 2023City Council Meeting Minutes - Draft incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e. BILL (For Introduction)(For Adoption) - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3. RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to maintain consistency (Exhibit S). The above item was removed from the agenda and tabled to August 10, 2023. TABLED 10:10 A.M. (CONTINUED TO AUGUST 10, 2023 AT 10:10 A.M.) ID 23-1080 HEARING to Consider Plan Amendment and Rezone Application No. P22-00507, Development Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/P22-00505 pertaining to ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues. (Council District 2) - Planning & Development Department. 1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. RESOLUTION - Approving Plan Amendment Application No. P22- 00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres); and, 3. BILL - (For introduction and adoption) - Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to the CG (Commercial - General) (±1.23 acres) zone district in accordance with the Plan Amendment Application; and, 4. APPROVE - Development Permit Application No. P22-00505, requesting authorization to construct an 11,664-square-foot medical City of Fresno ***Subject to Mayoral Veto Page 22 July 20, 2023City Council Meeting Minutes - Draft clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site, subject to compliance with Conditions of Approval dated March 1, 2023. The above item was removed from the agenda and tabled to August 10, 2023. TABLED 3. GENERAL ADMINISTRATION 3.-A.ID 23-1103 Presentation on the Fresno County Multi-Jurisdictional Housing Element The above item was presented to Council by Planning Manager Pagoulatos, and Assent Environmental, Inc. Director of Urban Design and Planning Chelsey Payne. Upon call, there was no public comment. Council discussion on this item included: Adopting the secondary schedule; Increase of Arena number by 56%; meeting last cycle’s goals and factors that contributed for the Fresno County region; Overcoming challenges and obstacles to meet the Arena goals; Actions to address the gap between future actual's and the Arena goals; Strategies towards housing development in denser infill areas; Council Of Governments (COG), Transit-Oriented Development, One Fresno Housing Strategy regarding City's Involvement in Shelter Operations; impact of development in Madera County and loss of revenue in City of Fresno; Current state requirements for affordable housing in new developments; and estimated numbers, penalties and compliance for planning verses building affordable housing. PRESENTED 3.-B.ID 23-1130 Actions pertaining to the creation of the Capital Projects Department within the City of Fresno: 1. ***RESOLUTION - Creating the Capital Projects Department within the City of Fresno (Subject to Mayor’s Veto) 2. ***RESOLUTION - Adopting the 6th Amendment to the Annual Appropriations Resolution (AAR) No. 2023-185 appropriating $50,000,000 for the Downtown Fresno Public Infrastructure Improvement Projects and to reclassify $4,492,800 from the Department of Public Works and $1,867,900 from the Department of Public Utilities into the new Capital Projects Department (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 3. ***RESOLUTION - Adopt the First Amendment to the Position Authorization Resolution (PAR) No. 2023-184 adding 46 position City of Fresno ***Subject to Mayoral Veto Page 23 July 20, 2023City Council Meeting Minutes - Draft and transferring 74 positions from the Department of Public Works and 20 positions from the Department of Public Utilities to The Capital Projects Department. (Subject to Mayor’s Veto) 4.***RESOLUTION - Adopt the First Amendment to the FY 2024 Salary Resolution No. 2023-183, amending Exhibit 13-1, Unit 13, Exempt Supervisory and Professional (CFPEA) by increasing the salary step plan for Professional Engineer; and amending Exhibit 14, Unit 14, Exempt Management Classes (CFMEA) by retitling Public Works/Public Utilities Manager - Licensed Engineer to Licensed Engineer Manager and increasing the salary step range for the classification; and amending Exhibit 2, Non-Represented Management and Confidential Classes by increasing the Maximum of Range E5. (Subject to Mayor’s Veto) The above item was presented to Council by City Manager White and Assistant City Manager Miller. Council discussion on this item included: Acknowledge the Public Works Department and staff efforts; future expectancy of the departments success and longevity; departments efficiency to undertake the workload including infrastructure projects; flexibility for adjustments with factors like federal funding or other factors; the balance of the "big government" model with the efficient and agile practices of the private sector. RESOLUTION 2023-217 ADOPTED RESOLUTION 2023-218 ADOPTED RESOLUTION 2023-219 ADOPTED RESOLUTION 2023-220 ADOPTED On motion of Councilmember Karbassi, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 4. CITY COUNCIL 5. CLOSED SESSION During open session, City Attorney Janz announced the items that would be discussed in closed session. City of Fresno ***Subject to Mayoral Veto Page 24 July 20, 2023City Council Meeting Minutes - Draft Council withdrew to closed session at 11:01 a.m. 5.-A.ID 23-1064 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-B.ID 23-1070 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) TAT Fresno, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00234 The above item was removed from the agenda and tabled to August 10, 2023. TABLED 5.-C.ID 23-1072 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) HAVEN #20, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00238 The above item was removed from the agenda and tabled to August 10, 2023. TABLED 5.-D.ID 23-1081 CONFERENCE WITH LEGAL COUNCIL - POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): PW Fund B, LP, et al. v. City of Fresno The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-E.ID 23-1116 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item. City of Fresno ***Subject to Mayoral Veto Page 25 July 20, 2023City Council Meeting Minutes - Draft DISCUSSED 5.-F.ID 23-1117 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. Councilmember Bredefeld and Councilmember Chavez Recused. City Attorney Janz announced by a vote of 4 to 1 (Councilmember Arias voted No), the City Attorney was directed to intervene in a lawsuit involving the County of Fresno and Councilmembers Chavez and Bredefeld. DISCUSSED ADJOURNMENT Adjourned from Open Session at 3:12 P.M City of Fresno ***Subject to Mayoral Veto Page 26 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1179 Agenda Date:8/10/2023 Agenda #: 1.-B. REPORT TO THE CITY COUNCIL FROM:TODD STERMER, City Clerk Office of the City Clerk SUBJECT ***BILL B-24 - (Intro’d July 20, 2023) (For Adoption) to Amend Section 2-1105 of the Fresno Municipal Code, relating to Campaign Contributions - Limitations on amount and document filing methods. (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends the City Council introduce a Bill amending Section 2-1105 of the Fresno Municipal Code (FMC) relating to the Campaign Contributions Limitations to reflect the City-adopted current contribution limits as updated by the Fair Political Practices Committee (FPPC) in 2023; specify that the City limits for small contributor committee contributions refers to Government Code 85302(b); and various minor cleanups. EXECUTIVE SUMMARY As permitted by Government Code 85702.5, FMC Section 2-1105 establishes the City’s campaign contribution limits per election from persons and small contributor committees. The City refers to FPPC updates on odd-numbered years to establish its limits. Upon adoption, the FMC will reflect the City’s contribution limit changes to $5,500 and $10,900 per person and small contributor committee, respectively. The proposed revisions to Section 2-1105 also codify the City’s practice of referring to state limitations for state-seat election contribution limits, rather than the state’s limitations for local elections, for small contributor committees. BACKGROUND Pursuant to Fresno Municipal Code Section 2-1105(c) the City’s contribution limitations shall be adjusted in January of every odd-numbered year to reflect the FPPC’s updates, based on an increase or decrease in CPI. This update reflects that and clarifies which section of the Government Code is the reference for small contributor committees. ENVIRONMENTAL FINDINGS Environmental findings are not applicable as this Bill only concerns campaign reporting requirements. City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 MA/MK 7-0 B-24/O. 2023-024 APPROVED ON CONSENT File #:ID 23-1179 Agenda Date:8/10/2023 Agenda #: 1.-B. LOCAL PREFERENCE Not applicable FISCAL IMPACT None. Attachment:Ordinance City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ 1 of 4 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTION 2-1105 OF THE FRESNO MUNICIPAL CODE, RELATING TO CAMPAIGN CONTRIBUTIONS—LIMITATIONS ON AMOUNT AND DOCUMENT FILING METHODS THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2-1105 of the Fresno Municipal Code is amended to read. SECTION. 2-1105. - CAMPAIGN CONTRIBUTIONS—LIMITATIONS ON AMOUNT AND DOCUMENT FILING METHODS. (a)A person, other than a small contributor committee or a political party committee, may not make to any candidate for elective City office, and a candidate for elective City office may not accept from a person, any contribution totaling more than [five thousand five hundred dollars $5,500)] four thousand nine hundred dollars ($4,900) per election. The provisions of this section do not apply to a candidate's contributions of his or her personal funds to his or her own campaign. (b)A small contributor committee may not make to any candidate for elective City office, and a candidate for elective City office may not accept from a small contributor committee, any contribution totaling more than [ten thousand nine hundred dollars ($10,900)] nine thousand seven hundred dollars ($9,700) per election. 2 of 4 (c) The contribution limitations set forth in this article shall be adjusted in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index, as determined by the Fair Political Practices Commission pursuant to Government Code Sections 83124, [adjusting the limits set forth in Government Code Section] 85301(a) [for subsection (a) hereinabove], and 85302(a[b]) [for subsection (b) hereinabove]. (d) It is the finding of the City Council that an elected officer, candidate, committee or other person required to file statements, reports, or other documents described by Chapter 4 of the Government Code [Political Reform Act of 1974] (commencing with [Government Code] Section 84100) shall file those statements, reports, or other documents online or electronically with the City. The City's online system can and will operate securely and effectively and will not unduly burden filers. By way of this finding, the use of online or electronic filing is hereby authorized and required for elected officers, candidates, committees and other persons filing statements, reports or other documents described in Chapter 4 of the Government Code. (1) In any instance in which an original statement, report or other document must be filed with the Secretary of State and a copy of that statement, report, or other document is required to be 3 of 4 filed with the City, the filer may, but is not required to, file the copy online or electronically. SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Amanda Freeman Date Senior Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1075 Agenda Date:8/10/2023 Agenda #: 1.-C. REPORT TO THE CITY COUNCIL FROM:HENRY FIERRO, Budget Director Budget and Management Studies Department SUBJECT RESOLUTION - Concerning Measure C Extension Local Transportation Purposes Pass-Through Projects and Program Funds Annual Allocation for Fiscal Year 2023-2024 RECOMMENDATION Staff recommends that Council adopt the attached Measure C Extension Funds Annual Allocation Resolution and authorize the Assistant City Manager to execute the Attachments "A, B, C, D, E, F & G" Local Transportation Pass Through Revenues Certification and Claim forms for fiscal year 2023-2024. EXECUTIVE SUMMARY As a part of the Annual Certification and Claims process, the Fresno County Transportation Authority (the “Authority”) requires each eligible claimant of Measure C Extension funding to complete the certification and claims process. Adoption of the attached resolution and certification and claims forms ensures that Measure C distributions will continue uninterrupted after July 1, 2023, and also verifies the City’s intent to use the funds in accordance with regulations and complete the prior fiscal year reporting requirements no later than November 15, 2023. The Authority estimates the City of Fresno's share of Measure C Extension funding for fiscal year 2023-2024 to be as follows: Regional Public Transit Program - Public Transit Agencies Fresno Area Express (FAX) $ 15,292,551 Regional Transportation Program - Airports Fresno Airports $ 1,116,245 Local Transportation Sub Program Allocation - Fresno Street Maintenance $ 7,602,293 Local Transportation Sub Program Allocation - Fresno ADA Compliance $ 266,080 Local Transportation Sub Program Allocation - Fresno Flexible Funding $ City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/MK 7-0 R. 2023-221 APPROVED ON CONSENT File #:ID 23-1075 Agenda Date:8/10/2023 Agenda #: 1.-C. 7,336,213 Local Transportation Sub Program Allocation - Fresno Pedestrian/Trails - Urban $ 1,840,059 Local Transportation Sub Program Allocation - Fresno Bicycle Facilities $ 466,085 The Local Transportation Program Pass-Through Revenues Certification and Claim forms, Attachments "A, B, C, D, E, F & G,” must each be filed with the Authority and accompany the adopted resolution before the City can receive this funding. BACKGROUND Voters approved Measure C Extension on the November 7, 2006 ballot, which authorized the Authority to continue a ½ cent retail transaction and use tax over twenty years (between July 1, 2007 and June 30, 2027). The Sales Tax Extension is meant to provide new revenues for transportation improvements to each city within Fresno County on the basis of population, road miles and taxable sales. In order for the City of Fresno to receive its allocation, a separate claim form must first be filed for each sub-program as it relates to the Measure C Extension Program. Each claim form includes certifications for using the Funds in accordance with regulations. Approval of the accompanying resolution will authorize the filing of the required claim forms. The certifications require the City to: not use Measure C Extension Funds as a substitute for property taxes previously used for local transportation purposes; segregate property taxes from the City's other General Fund revenues used to support local transportation purposes; and, account for Measure C Funds separately from all other funds, pursuant to Public Utilities Code Section 142257. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT This resolution is a legal requirement of the Fresno County Transportation Authority for the City of Fresno to claim the Measure C Extension Local Transportation Funds for FY 2023-2024. Upon approval of this resolution, the funds will be allocated monthly on a proportional basis as funds are received and based upon adopted percentages for each city. These funds were anticipated and appropriated in the annual budget for fiscal year 2024. Adoption of this resolution will require no additional appropriations and has no impact on the General Fund. City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1075 Agenda Date:8/10/2023 Agenda #: 1.-C. Attachment(s): FY 2023-2024 Measure C Annual Authorization Resolution FY 2023-2024 Measure C Certification and Claims Form Attachments A-G FY 2023-2024 FCTA Annual Authorization Resolution No 2023-02 City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. _________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CONCERNING MEASURE C EXTENSION LOCAL TRANSPORTATION PURPOSES PASS-THROUGH PROJECTS AND PROGRAM FUNDS ANNUAL ALLOCATION FOR FISCAL YEAR 2023-2024 WHEREAS, the City of Fresno (the City) is an eligible claimant of funds for local transportation purposes pursuant to California Public Utilities Code Section 142257; and WHEREAS, the Fresno County Transportation Authority (the Authority) has adopted an Annual Resolution of Allocation for fiscal year 2023-2024, setting the percentages of collected retail transactions and use tax as the portion available to the City for local transportation purposes. NOW THEREFORE, IT IS RESOLVED by the Council of the City of Fresno as follows: 1.The City hereby submits its Local Transportation Pass-Through Revenues (Measure C Extension) Certification and Claims for fiscal year 2023-2024. The claims will be effective contingent upon the Authority’s approval of this Resolution at the Fresno County Transportation Authority Board Meeting on October 11, 2023. 2.The City hereby requests release of funds to the City on a monthly basis as funds are received and in proportion to the adopted percentages for each program and sub-program, which are based on actual receipts. 2 of 4 3. The Council of the City hereby certifies: a. That Local Transportation Purpose Funds will not be used to substitute for property tax funds that the City has previously used for local transportation purposes; and b. That the City has and will segregate property tax revenues from the City's other General Fund revenues used to support local transportation purposes so that verification of non-substitution can be proved through an audit; and c. That the City shall account for Local Transportation Purpose Funds received pursuant to Public Utilities Code Section 142257 separately from all other funds. The City shall maintain records in accordance with generally accepted accounting principles; and shall separately record expenditures for each type of eligible purpose. The City shall make such records available to the Authority for inspection or audit at any time; and d. That the City shall complete the prior fiscal year’s reporting requirements and claims forms no later than November 15, 2023. Reports not filed with the Authority by November 15, 2023, will result in a stoppage of allocations until a completed report is filed for each program and sub-program. 4. The City understands that should a financial or compliance audit reveal that the City violated any of the requirements set forth in paragraph 3(a), (b), or (c) of this Resolution, the Authority may seek to take immediate steps to resolve the violation in accordance with its adopted procedures. 5. The City hereby requests the Authority to allocate all funds that become available from the Local Transportation Purpose Funds to the City for fiscal year 2023- 3 of 4 2024, as identified in the attached claim forms and indicated below, in accordance with the adopted "Procedures for Administration of Funds for Local Transportation Purposes": Regional Public Transit Program - Public Transit Agencies Fresno Area Express (FAX) $ 15,292,551 Regional Transportation Program - Airports Fresno Airports $ 1,116,245 Local Transportation Sub Program Allocation - Fresno Street Maintenance $ 7,602,293 Local Transportation Sub Program Allocation - Fresno ADA Compliance $ 266,080 Local Transportation Sub Program Allocation - Fresno Flexible Funding $ 7,336,213 Local Transportation Sub Program Allocation - Fresno Pedestrian / Trails - Urban $ 1,840,059 Local Transportation Sub Program Allocation - Fresno Bicycle Facilities $ 466,085 6.The Assistant City Manager, or his/her designee, is authorized and directed to execute the attached Measure C Extension Certification and Claim Forms for fiscal year 2023-2024, and to take all other actions necessary to effectuate the purpose of this Resolution. * * * * * * * * * * * * * * 4 of 4 CLERK’S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2023. AYES: NOES: ABSENT: ABSTAIN: _________________________ TODD STERMER, CMC City Clerk By: ______________________ Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: ____________________________________ Angela M. Karst Date Senior Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1199 Agenda Date:8/10/2023 Agenda #: 1.-D. REPORT TO THE CITY COUNCIL FROM:SANTINO DANISI, MBA, City Controller/Finance Director BY:COURTNEY ESPINOZA, Business Manager Finance Department, Grants Management Unit SUBJECT Actions pertaining to an agreement with the Fresno Area Hispanic Foundation for the Small Business Façade Program for $1,000,000: 1. Affirm the City Manager’s determination that Fresno Area Hispanic Foundation is uniquely qualified to administer the Small Business Façade Program on behalf of the City of Fresno. 2. Approve an agreement with Fresno Area Hispanic Foundation allocating $1,000,000 for the Small Business Façade Program providing grants to underserved and minority small businesses located in Council Districts 1 and 4 in an effort to improve the façade of their brick- and-mortar business. RECOMMENDATION Staff recommends Council affirm the City Manager’s determination that Fresno Area Hispanic Foundation (FAHF) is uniquely qualified to administer the Small Business Façade Program and approve an agreement with FAHF allocating $1,000,000 to provide grants to underserved and minority small businesses in city council districts one and four for the improvement of the business’s façade. EXECUTIVE SUMMARY On February 9, 2023 Council approved an agreement with the Fresno Area Hispanic Foundation (FAHF) to provide grants to small businesses in specific transit corridors within disadvantaged communities based on American Rescue Plan Act (ARPA) grant guidance. These grants provide funding for façade improvements to small businesses disproportionately impacted by the pandemic. In an effort to augment the current program and target small businesses in council districts one and four that are outside of the existing transit corridors, the City Manager has determined that FAHF is uniquely qualified to administer additional funding as a part of this program. The additional funding is not a part of the ARPA grant and therefore has different reporting requirements and a modified scope of work. It has been determined by the City Attorney’s Office that a new agreement is needed for this program. On July 20, 2023, Council approved a resolution to create a façade program to assist small businesses in Council Districts 1 and 4. In order to move forward with the program, an agreement with Fresno Area Hispanic Foundation has been negotiated and now requires Council approval. City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 MA/MK 7-0 APPROVED ON CONSENT File #:ID 23-1199 Agenda Date:8/10/2023 Agenda #: 1.-D. BACKGROUND Through a formal request for proposals (RFP)process and subsequent Council approval,Fresno Area Hispanic foundation was allocated $1,500,000 in ARPA funding to provide façade grants to small businesses disproportionately impacted by the pandemic on February 9, 2023. Due to the preliminary successes of the current Façade Program administered by FAHF,the City Manager has determined that they are uniquely qualified to administer additional funding for façade improvements to small businesses specifically in city council districts one and four.A modified scope of work has been agreed upon specific to this new agreement. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, these recommendations do not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE The organization have been previously approved by Council. FISCAL IMPACT This amendment was allocated through the FY 2024 budget in the Finance Department’s general fund. Attachments: Agreement with Fresno Area Hispanic Foundation Uniquely Qualified Memo City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1195 Agenda Date:8/10/2023 Agenda #: 1.-E. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:CLIFF TRAUGH, Administrative Manager General Services Department SZARINA LOZANO, Management Analyst II General Services Department SUBJECT Award a requirements contract for automotive, heavy-duty, and construction equipment batteries for the municipal fleet to Motive Energy, LLC of Fresno, California, for three years with three, one-year optional extensions, for a total contract amount of $397,532, plus annual CPI adjustments RECOMMENDATION Staff recommends Council award a requirements contract for automotive, heavy-duty, and construction equipment batteries for the municipal fleet to Motive Energy, LLC of Fresno, California, for three years with three, one-year optional extensions, for a total contract amount of $397,532, plus annual CPI adjustments. EXECUTIVE SUMMARY The General Services Department, Fleet Management Division, is seeking to establish a requirements contract with Motive Energy, LLC of Fresno, California for the purchase of automotive, heavy duty, and construction equipment batteries. A requirements contract will allow the Fleet Management Division to continue to supply batteries to all municipal fleet vehicles and equipment. Readily available parts are essential to the work of the Fleet Management Division, increasing the reliability and readiness of the municipal fleet. The Fleet Management Division intends to purchase the necessary products through a competitively bid requirements contract approved by the Purchasing Division. BACKGROUND The General Services Department, Fleet Management Division is responsible for maintaining approximately 2,600 active vehicles and equipment for the City of Fresno. This is done by scheduling and performing preventative maintenance, identifying repairs, and replacing equipment in a timely City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 MA/MK 7-0 APPROVED ON CONSENT File #:ID 23-1195 Agenda Date:8/10/2023 Agenda #: 1.-E. and performing preventative maintenance,identifying repairs,and replacing equipment in a timely manner. In the municipal fleet,batteries power electrical systems,support auxiliary functions and start vehicles and equipment such as power generators,sedans,pick-up trucks,first responder vehicles, and specialty vehicles like street sweepers and refuse trucks.Establishing a requirements contract for automotive,heavy duty and construction equipment batteries will keep prices stable and allow for consistent budgeting for the term of the contract. Competitive bids were solicited for automotive,heavy duty and construction equipment batteries on May 12,2023.Four bids were publicly opened on June 6,2023,and Motive Energy,LLC was determined to be the lowest responsive bidder with a three-year price of $198,765.55.Factoring in the potential three one-year extensions,this increases to a total of $397,532 over the life of the contract,plus annual CPI adjustments.The Purchasing Division has approved this contract and recommends Council approval. The City Attorney has approved the contract as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the award of this contract does not qualify as a “project”;therefore,it is exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is applicable to this award and Motive Energy,LLC of Fresno,California is a local business pursuant to FMC 4-108. FISCAL IMPACT No general funds will be used to purchase these items.The funding to cover the purchase cost of automotive,heavy duty,and construction equipment batteries has been included in the FY2024 adopted budget under the operations of the Fleet Management Division. Attachments: Bid evaluation City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1160 Agenda Date:8/10/2023 Agenda #:1.-F. REPORT TO THE CITY COUNCIL FROM:BRYON HORN, Chief Information Officer Information Services Department SUBJECT Actions pertaining to the California Automated Permit Processing (CalAPP) grant. 1. Authorize the Chief Information Officer to accept $100,000 in grant funding for the CalAPP grant awarded to the City of Fresno from the California Energy Commission. 2. Authorize the Chief Information Officer to execute the Grant Agreement, extensions and all related documentation applicable to the CalAPP grant. 3. ***RESOLUTION - Adopt the 2nd Amendment to the Annual Appropriation Resolution (AAR) No 2023-185 appropriating $100,000 for the CalAPP grant (Requires five affirmative votes) (Subject to Mayor’s veto). RECOMMENDATION Staff recommends that City Council authorize the acceptance of $100,000 in grant funding from the California Energy Commission; allowing the Chief Information Officer, or his designee to enter into and execute all required documents and adopt the 2nd Amendment to AAR No. 2023-185 to appropriate $100,000 funding into the FY 2024 budget. This is a reimbursement grant; the City will need to expend the funds and submit for reimbursement. EXECUTIVE SUMMARY The California Energy Commission CalAPP grant will provide the City of Fresno $100,000 to establish an online, automated solar permitting app. This solar permitting platform is to be automated and verify code compliance and issue permits in real time for a solar energy system. BACKGROUND The CalAPP funding is designed to encourage cities and counties to further enhance and accelerate the solar permitting process, particularly regarding plan review. The funding for this grant was appropriated by the State in Senate Bill 129, appropriating $20 million in funding to the California Energy Commission (CEC) for this purpose. On April 27,2023, Resolution No. 23-625 was adopted, and the Information Services Department was authorized to submit a grant application for $100,000 to California Automated Permit Processing (CalAPP) Program for establishing an eligible automated solar permitting platform. On June 23,2023, the department was notified by the California Energy Commission that it was awarded the City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 MA/MK 7-0 R. 2023-222 APPROVED ON CONSENT File #:ID 23-1160 Agenda Date:8/10/2023 Agenda #:1.-F. 23,2023,the department was notified by the California Energy Commission that it was awarded the requested amount.A City Council approval is required to enable the department to process the grant and submit for reimbursable expenses. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this item is not a project for the purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented because this item is not an award of a construction or services contract. FISCAL IMPACT This is a reimbursable grant.City will expend funds and get reimbursement.Funding has been identified in the Information Services Department Budget. Attachments: Grant Agreement Resolution No. 2023-185 City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ STATE OF CALIFORNIA GRANT AGREEMENT CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION RRECIPIENT AGREEMENT NUMBER City of Fresno APP-22-278 ADDRESS AGREEMENT TERM 2600 Fresno Street Fresno, CA 93721 05/30/2023 to 05/31/2027 The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date. PROJECT DESCRIPTION The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement. Exhibit A – Application with Scope of Work Page(s): 4 Exhibit B – APP General Terms and Conditions Page(s): 5 Exhibit C – Contact List Page(s): 1 REIMBURSABLE AMOUNT $100,000 MINIMUM MATCH SHARE REQUIRED $0 TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH $100,000 The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein. CALIFORNIA ENERGY COMMISSION CONTRACTOR AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE NAME NAME Adrienne Winuk TITLE TITLE Contracts, Grants, and Loans Office Manager CALIFORNIA ENERGY COMMISSION ADDRESS 715 P Street, MS 18, Sacramento, CA 95814 Bryon Horn CIO 6/23/20236/23/2023 May 2022 Page 1 of 4 APP-22-278 City of FresnoCalAPP Attachment 01 ATTACHMENT 01 Grant Application Form – EXHIBIT A California Automated Permit Processing (CalAPP) Program 1.APPLICANT INFORMATION (REQUIRED) Jurisdiction Name (please use full legal name as it would appear on the executed grant): Jurisdiction Type (select one): City County City and County Current Estimated Population State of California Department of Finance Demographics (https://dof.ca.gov/forecasting/Demographics/): Less than 50,000 From 50,000 to 99,999 From 100,000 to 200,000 Greater than 200,000 Project Manager (serves as point of contact for all communications) Name Street Address City and Zip Code Phone Number E-Mail Address 2.FUNDING (REQUIRED) Assigned Maximum Grant Amount (select one) Group 1 ($40,000): Population less than 50,000 Group 2 ($60,000): Population from 50,000 to 99,999 Group 3 ($80,000): Population from 100,000 to 200,000 Group 4 ($100,000): Population greater than 200,000 City of Fresno Steve Deedon 2600 Fresno Street Fresno 93721 (559) 621-8622 Steve.Deedon@fresno.gov May 2023 Page 2 of 4 APP-22-278 City of Fresno CalAPP Attachment 01 3.PROJECT INFORMATION (REQUIRED) A.Online, automated solar permitting platform to be adopted: SolarAPP+ Other. If selected, complete Section 4 (“Additional Information”) B.Please select allowable budget item(s) anticipated to be used (Select at least one): Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform Ongoing staff training and education, specific to the platform Ongoing training events for local installers, specific to the platform Essential hardware or equipment necessary to support adoption of the platform Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform C.Estimated Project Timeline* *Enter actual dates if activities already began Activity Date (Month/Year) Begin Development/Pilot Full Adoption Staff Training Training for Local Installers April 2023 May 2023 May 2023 June 2023 May 2023 Page 3 of 4 APP-22-278 City of FresnoCalAPP Attachment 01 4.ADDITIONAL INFORMATION (if applicable) NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval. Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review Yes No Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Yes No Supports immediate generation of a permit job card following payment confirmation Yes No Blocks noncompliant applications from receiving a permit Yes No EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use Yes No 5.REPORTING (REQUIRED) Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity. Please indicate your acceptance of these terms. Yes No May 2023 Page 4 of 4 APP-22-278 City of FresnoCalAPP Attachment 01 6.CERTIFICATION (REQUIRED) •I am authorized to complete and sign this form on behalf of the applicant. •I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. •I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation. •I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name of Authorized Representative: Title: Phone Number: E-mail Address: Date: Signature of Authorized Representative: NOTE: Do not overlap signature with surrounding border lines. Jennifer Clark Director of Planning and Development (559) 621-8001 jennifer.clark@fresno.gov 4/28/2023 May 2023 Page 1 of 5 APP-22-278 City of Fresno California Automated Permit Processing (CalAPP) Program ATTACHMENT 2 – Terms and Conditions Added language appears in bold underlined font and deleted language appears in strikethrough and within square brackets. 1.Background and Authority for this Grant California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting. 2.Documents Incorporated by Reference and Priority Incorporated by reference into this agreement are the following documents: A.Grant Funding Opportunity (GFO) 21-402. B.Recipient’s application to CalAPP. As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict. 3.Budget, Invoices, and Payments a)The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement. b)Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement. The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c)If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense. d)Unallowable costs include: •Software not related to the adoption of a qualifying online, automated permitting platform. May 2023 Page 2 of 5 APP-22-278 City of Fresno •Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. •Typically excluded items such as food and beverages. •Advertising costs. •Fines and penalties. •Permit processing fees charged by operator of an online platform. •All other costs not identified as allowable. •Unreasonable amounts or rates. 4.Certification By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement. 5.Nondiscrimination Statement of Compliance During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave. The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement. The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement. 6.Drug-Free Workplace Certification By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following May 2023 Page 3 of 5 APP-22-278 City of Fresno has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act. [By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: 1)Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a). 2)Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: •The dangers of drug abuse in the workplace; • The person’s or organization’s policy of maintaining a drug-free workplace; •Any available counseling, rehabilitation, and employee assistance programs; and •Penalties that may be imposed upon employees for drug abuse violations. 3)Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project: •Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. ] In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. 7.Americans With Disabilities Act By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA. 8.Accounting and Audit The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient May 2023 Page 4 of 5 APP-22-278 City of Fresno agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16. Access to Sites and Records. 9.Public Works The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements. 10.Intellectual Property As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement. 11.Amendment No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC. 12.Governing Law This Agreement is governed by the laws of the State of California as to interpretation and performance. 13.Independent Capacity In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California. 14.Severability If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect. 15.Waiver May 2023 Page 5 of 5 APP-22-278 City of Fresno No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law. 16.Access to Sites and Records The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit. 17.Termination Without Cause The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations. 18.Third-Party Beneficiary The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement. 19.Survival of Terms The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination: •8. Accounting and Audit •9. Public Works •10. Intellectual Property •12. Governing Law •14. Severability •15. Waiver •16. Access to Sites and Records •18. Third-Party Beneficiary Exhibit C CONTACT LIST May 2023 Page 1 of 1 APP-22-278 City of Fresno California Energy Commission Recipient Commission Agreement Manager: Adam Van Winkle California Energy Commission 715 P Street, MS-45 Sacramento, CA 95814 Phone: (916) 891-9060 e-mail: Adam.Vanwinkle@energy.ca.gov Project Manager: Steve Deedon ISD Supervisor 2600 Fresno Street Fresno, CA, 93721 Phone: (559) 621-8600 e-mail: steve.deedon@fresno.gov Confidential Deliverables/Products California Energy Commission Contracts, Grants, and Loans Officer 715 P Street MS-18 Sacramento, CA 95814 Administrator: Jennifer Clark Director of Planning and Development 2600 Fresno Street Fresno, CA, 93721 Phone: (559) 621-8001 e-mail: jennifer.clark@fresno.gov Invoices, Progress Reports and Non- Confidential Deliverables to: California Energy Commission Accounting Officer 715 P Street MS-2 Sacramento, CA 95814 Email PDF of Payment Request invoice packet to: invoices@energy.ca.gov Accounting Officer: Santino Danisi City Controller/Finance Director 2600 Fresno Street Fresno, CA, 93721 Phone: (559) 621-7006 e-mail: santino.danisi@fresno.gov Legal Notices: Tatyana Yakshina Grants Manager 715 P Street MS-18 Sacramento, CA 95814 Phone: (916) 827-9294 e-mail: tatyana.yakshina@energy.ca.gov Recipient Legal Notices: Andrew Janz City Attorney 2600 Fresno Street Fresno, CA, 93721 Phone: (559) 621-7530 e-mail: andrew.janz@fresno.gov Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 2nd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2023-185 TO APPROPRIATE $100,000 FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING (CalAPP) GRANT AWARDED FROM THE CALIFORNINA ENERGY COMMISSION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2023-185 be and is hereby amended as follows: Increase/(Decrease) TO: INFORMATION SERVICES DEPARTMENT Information Services Operating $ 100,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Information Services Operating Revenues: Account String: 5000-5042-3111-625-433401-31-0-0000-0000- $ 100,000 Total Revenues $ 100,000 Appropriations: Account String: 5000-5042-3111-625-658004-31-0-0000-0000- $ 100,000 Total Appropriations $ 100,000 THAT the purpose is to appropriate $100,000 for the CalAPP Grant awarded from the California Energy Commission. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1113 Agenda Date:8/10/2023 Agenda #: 1.-G. REPORT TO THE CITY COUNCIL FROM:AARON A. AGUIRRE, Director Parks, After School, Recreation and Community Services Department BY:SHELBY MACNAB, Business Manager Parks, After School, Recreation and Community Services Department JENNIFER SOLIZ, Senior Management Analyst Parks, After School, Recreation and Community Services Department SUBJECT Actions Pertaining to Measure P Expanded Access to Arts and Culture: 1. Adopt a finding that the Cultural Arts Plan is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 2. ***RESOLUTION - Adopting the City of Fresno Cultural Arts Plan as recommended by the Parks, Recreation and Arts Commission (PRAC) (Subject to Mayor’s Veto) 3. ***RESOLUTION - A Resolution of the Council of the City of Fresno Adopting the 10th Amendment to the Annual Appropriation Resolution No. 2023-185 to appropriate $194,500 for Measure P Administration Costs and $9,528,100 for grants for Expanded Access to Arts and Culture. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 4. Approve a five-year Administrative Services Agreement with the Fresno Arts Council for the Expanded Access to Arts and Culture Grant Program for a total annual fee not to exceed 2% of Measure P Expenditure Category 4, and authorize the City Manager or designee to execute all contract related documents on behalf of the City RECOMMENDATION Staff recommends that the Fresno City Council adopt a finding of categorical exemption, and requests the adoption of the Cultural Arts Plan as recommended by the PRAC, adopt an AAR to appropriate funding into the fiscal year 2024 budget and approve a five-year Administrative Services Agreement with the Fresno Arts Council for the Expanded Access to Arts and Culture Grant Program. EXECUTIVE SUMMARY Following the passage of Measure P, the City of Fresno adopted the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P) into the Fresno Municipal Code (FMC). Actions associated with this council item will enable implementation of the Expanded Access to Arts and Culture Grant Program as outlined in Measure P expenditure category four. City of Fresno Printed on 8/10/2023Page 1 of 3 powered by Legistar™ 8/10/2023 TM/MA 7-0 AS AMENDED R. 2023-223, R. 2023-224 File #:ID 23-1113 Agenda Date:8/10/2023 Agenda #: 1.-G. BACKGROUND The FMC outlines expenditure categories and requirements for Measure P funds.Prior to expending funds to expand access to arts and culture as outlined in Measure P expenditure category four,the City of Fresno (City)must adopt a Cultural Arts Plan.Between June 1,2021 and June 30,2023 the City has received a total of $9,572,600 in deposits for expenditure category four which has remained unspent. In 2021,The City obtained the professional services of the Fresno Arts Council for the selection of a consultant to produce the Cultural Arts Plan.The Network for Culture and Arts Policy (NCAP)was selected to prepare the City of Fresno Cultural Arts Plan.The planning process began on May 24, 2022,and included a robust public engagement effort which resulted in over 4,000 public comments. NCAP worked with the Cultural Arts Subcommittee,comprised of three representatives from PRAC and the Executive Director of the Fresno Arts Council throughout the planning process.Based on foundational research and public engagement outcomes,NCAP produced a draft Cultural Arts Plan for public review which was released on May 15,2023 for a 20-day review period.A total of 1,713 comments were received on the draft plan. On June 26,2023 the PRAC voted to enable the Cultural Arts Subcommittee to review and redline the draft Cultural Arts Plan.On June 30,2023,the contract with NCAP concluded.On July 17,2023 the PRAC recommend the redline draft of the Cultural Arts Plan prepared by the Cultural Arts Subcommittee be presented to the Fresno City Council for adoption.Following the adoption of the Cultural Arts Plan text, a designed version will be prepared by the Fresno Arts Council. This item includes a five-year Administrative Services Agreement with the Fresno Arts Council for the Expanded Access to Arts and Culture Grant Program for a total annual fee not to exceed 2%of Measure P Expenditure Category 4.As the Grant Program Administrator,the Fresno Arts Council will have the delegated authority to administer the grant program on behalf of the City in partnership with the PRAC.The total fee paid to the Arts Council in year one will be $194,452.A resolution to appropriate funding into the PARCS budget for grant administration and Expanded Access to Arts and Culture grants is included with this this Council item.Funding will be transferred to the Service Provider as indicated in the terms of the Administrative Services Agreement. ENVIRONMENTAL FINDINGS CEQA Guidelines Section 15262 exempts projects involving only feasibility or planning studies for possible future action which the agency,board,or commission has not approved,adopted,or funded does not require the preparation of an EIR or Negative Declaration but does require consideration of environmental factors.The Cultural Arts Plan qualifies for this exemption because it does not propose any land use changes or rezoning,it does not commit the City to any actions set forth in the document,and it does not include funding for future project approvals.Therefore,the Plan is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15262. LOCAL PREFERENCE The Fresno Arts Council is located within the City of Fresno. City of Fresno Printed on 8/10/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1113 Agenda Date:8/10/2023 Agenda #: 1.-G. FISCAL IMPACT There is no impact to the general fund.All funding associated with this item is from Measure P.A resolution is included with this item to amend a total of $9,722,600 into the PARCS Department budget for fiscal year 2024.Future appropriations for the Administrative Services Agreement will be reflected in the PARCS Department’s annual budget requests. Attachments: Exhibit A - Resolution w/ attachment Cultural Arts Plan PRAC Subcommittee - Redline Exhibit B - Cultural Arts PRAC Subcommittee draft - Clean Exhibit C - Annual Appropriations Amendment Resolution Exhibit D - Administrative Services Agreement City of Fresno Printed on 8/10/2023Page 3 of 3 powered by Legistar™ CITY OF FRESNO Cultural Arts Plan – PUBLIC REVIEW DRAFT – Include Measure P logo on cover July 11May 15, 2023 Commented [AM1]: Update date when complete -2- Acknowledgements Thank you to the more than 4,000 Fresnans, artists, organizational leaders, nonprofit founders, educators and cultural practitioners who contributed to the research efforts. Your participation was critical to the development of this plan and your efforts to better serve the community are not unnoticed. Thank you to all of the City of Fresno staff who contributed to various stages of the development process. Mayor and City Council Mayor Jerry Dyer Councilmember Annalisa Perea (District 1) – Council Vice President Councilmember Mike Karbassi (District 2) Councilmember Miguel Arias (District 3) Councilmember Tyler Maxwell (District 4) – Council President Councilmember Luis Chavez (District 5) Councilmember Garry Bredefeld (District 6) Councilmember Nelson Esparza (District 7) Parks, Recreation, and Arts Commission Commissioner Kimberly McCoy – Chair Commissioner Jon Dohlin - Vice Chair Commissioner Maiyer Vang* (served until April 17, 2023) Commissioner Dr. Francine Oputa* Commissioner Scott Miller* Commissioner Mona Nyandoro Cummings Commissioner Harman Singh Commissioner Jose Leon Barraza Commissioner Sarah Parkes* (served until May 15, 2023) Commissioner Kelly Kucharski (appointed May 25, 2023) Commissioner Laura Ward* (appointed June 22, 2023) Fresno Arts Council Lilia Gonzáles Chavez – Executive Director* *Cultural Arts Plan Subcommittee The Commissioners Maiyer Vang, Scott Miller and Sarah Parkes, along with Lilia Gonzáles Chavez, of the Fresno Arts Council represented the Cultural Arts Plan subcommittee throughout the project. Commissioners Maiyer Vang and Sarah Parkes participated on the subcommittee through the end of their service with the Commission. Commissioners Laura Ward and Dr. Francine Oputa replaced Commissioners Maiyer Vang and Sarah Parkes June 26, 2023. City of Fresno Logo Commented [AM2]: Updated to reflect current and past members Commented [mi3]: add new comissioners -3- Measure P Logo NCAP Logo Fresno Arts Council Logo Commented [LC4]: Leave NCAP logo -4- Table of Contents Acknowledgements 2 Executive Summary 4 Key Findings 5 Goals and Priority Recommendations 6 Background 7 Overview 7 Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax (Measure P) 7 Why a Cultural Arts Plan? 8 About the City of Fresno 10 Demographics 10 Economics 10 Arts and Culture in Fresno 12 Research and Community Engagement 15 Methodology 15 Communication Strategies 15 Foundational Research 16 Community Survey 17 In-Depth Interviews 20 Council District Meetings 21 Local Artist and Cultural Practitioner Engagement 21 Community Meetings 21 Reach 23 Community Voices 24 Vision and Goals 42 Priority Recommendations & Strategies 43 Goal 1: STABILIZE, RESTORE & ACTIVATE 43 Goal 2: POLICY, PLANNING & MUNICIPAL INVESTMENT 47 Goal 3: EDUCATION & DEVELOPMENT 48 Goal 4: CELEBRATE & ENHANCE 50 Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND 52 Implementation 56 Short-term 56 Mid-term 56 Long-term 57 Conclusion 59 Appendix A: Measure P Ordinance 60 Appendix B: Cultural Planning Process 61 Appendix C: Original Data Collection Tools 63 Appendix D: Breakdown of Public Outreach and Input 64 Appendix E: Organizations and Institutions 67 Appendix F: Bibliography 69 Appendix G: Sub-Committee Comment Summary 75 Commented [AM5]: Update TOC to reflect new pages and sections, correct goals, once layout/design complete Commented [LW6]: Reorganize to match Goals 1 through 6 in final document Commented [LW7]: Appendix G should be removed from the final Cultural Arts Plans -5- Executive Summary Pride. Promise. Possibility. The local established arts and culturalcultural arts scene is the perfect foundation for a city that is dreaming even bigger. Fresno has the chance to become the model for thriving arts and culture—whether it’s through supporting new spaces for artists and performers, providing spaces for cultural arts, supporting the multiple community cultural arts festivals, improved funding systems or, simply, getting the word out about the city’s tremendous assets and potential for the futurepotential. The people who live in Fresno take that potential seriously. By passing Measure P in 2018, they prioritized expanding access to local arts and culturalcultural arts programs. Measure P also calls for a cultural arts plan, created to help the City of Fresno identify the needs of its arts and culturalcultural arts community and prioritize outcomes and investments. With this plan, the City of Fresno has developed ambitious but achievable goals for arts and culturalcultural arts programs that reflect the city’s cultural, demographic and geographic diversity. The cultural arts plan contains fivesix focused goals to help Fresno achieve its potential and will inform expanded access to the arts and culturecultural arts grant program. Though the Measure P ordinance does not specifically ask for an implementation timeline, a high- level implementation timeline to keep the momentum moving forward is included to guide how recommendations and strategies can be prioritized with the aid and support of ongoing community engagement. The plan is not designed to be limiting, fixed or a one-size-fits-all set of solutions. Instead, it is a springboard for new ideas, a key to unlock valuable funding, and a vision for how the world will honor and experience Fresno in the years ahead. -6- Key Findings To create this cultural arts plan, the City of Fresno conducted months of research. It was important to interact with Fresnans directly, listen to what residents had to say, and understand what the community wants and needs to achieve its artistic and cultural potential. These are some of the major takeaways that informed this plan: ● Fresno is a unique community, strengthened by its rich diversity and cultural assets. ● Measure P funding is seen as one of the greatest opportunities for the future of arts and culture in Fresno. ● Fresnans look for arts and culture to provide new experiences that help them strengthen connections with loved ones. ● There are barriers to accessing information about arts and culturecultural arts opportunities. ● Transportation and accessibility are essential to engaging with arts and culture in Fresno. ● The Fresno area has an active artist community—but more support is needed to ensure artists, cultural practitioners and organizations are connected, stable and can thrive. ● Arts and culture support physical and mental health. ● COVID-19 has had a lasting impact on how audiences engage with arts and culture. ● More should be done to increase art in public spaces. ● A sense of safety is important for Fresnans engaging in arts and culture. ● Arts and culture serve as a powerful means to build relationships. ● Arts and cultureCultural arts support the local economy. ● Costs create a barrier to hosting and participating in arts and culturalcultural arts events and programs. ● Fresno’s climate impacts the arts and culturalcultural arts scene. ● Lack of affordable housing, transportation and studio/theater space creates barriers for artists and cultural practitioners. ● Time constraints and schedules impact access to arts and culture in Fresno, especially for youth and seniors. ● Parents and youth are seeking arts and culturecultural arts programs and events for young people citywide. ● Investment in arts education and apprenticeship programs isare important. -7- Goals and Priority Recommendations The cultural arts plan presents fivesix concrete goals that collectively serve the primary purpose of expanding access to arts and culturecultural arts for all Fresnans. Goal 1: STABILIZE, RESTORE & ACTIVATEGRANT-MAKING & COMMUNITY ENGAGEMENT Goal 2: POLICY, PLANNING & MUNICIPAL INVESTMENTSTABILIZE, RESTORE & ACTIVATE Goal 3: EDUCATIONE & ORGANIZATIONAL DEVELOPMENT Goal 4: CELEBRATE & ENHANCE Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND Goal 6: MUNICIPAL INVESTMENTS AND POLICIES TO SUPPORT CULTURAL ARTSMunicipal investment and policy to support art and cultureIMPLICATIONS FO THE CITY Each goal comes with a set of recommendations and strategies for implementation. Recommendations include: ● ensuring accessibility to arts and culture and prioritizing underserved, marginalized and at-risk populations ● developing a grant program that expands upon research with ongoing community outreach and input ● offering cultural arts programming that bridges generations ● creating an events calendar, a map of Fresno’s arts and culturalcultural arts offerings and an online hub ● incorporating arts and culture into neighborhoods across the city ● expanding and further promoting Cultural Arts Districts ● ensuring access to affordable venues and studio spaces ● providing new school-based, after-school and mental health-focused programs ● establishing residency programs, apprenticeships, internships and externships Formatted: Font: Bold -8- Background Overview Fresno is home to a sizable and talented community of artists and cultural practitioners. In fact, according to surveys collected as part of this plan, nearly 50% of surveyed Fresnans produce or practice art that contributes to the active, proudproud, and established arts scene in the community. A number of arts and culturalcultural arts events regularly bring together people of all ages and backgrounds. Community gatherings such as the Fresno Armenian Festival, Fiestas Patrias, ArtHop, Reel Pride, Langar Sewa, the Native Youth Summit, the Taco Truck Throwdown and annual Hmong New Year celebration (among many examples) highlight some of the breadth and depth of cultural diversity in Fresno. The findings in this document are the product of hundreds of hours of research, thousands of surveys, in-depth interviews and several community meetings that drew upon the experiences of Fresno’s artists, advocates, organizations, cultural practitioners and everyday people. Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax (Measure P) In 2018, Fresnans voted to support the Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax, more commonly known as “Measure P.” The ballot measure was the work of a diverse coalition of parents, seniors, arts advocates and community leaders who came together to support Fresno’s parks and arts and find a solution to the community’s needs. Measure P established a 3/8-cent sales tax (37.5 cents on every $100) that is expected to raise $38 million per year for the next 30 years. The adoption of Measure P resulted in an ordinance that outlines the ways in which the funding can be used. Measure P funds are allocated for programs and projects that do one of the following: 1. Provide clean, safe neighborhood parks for all Fresno residents 2. Reduce crime and homelessness in parks 3. Update and maintain park bathrooms and playgrounds 4. Reduce graffiti and vandalism in parks 5. Maintain and improve after-school, youth and senior recreational programs 6. Provide job training for at-risk youth and veterans 7. Beautify landscaping and remove weeds and litter along major roads and highways 8. Create parks in neighborhoods that don’t have easy access to parks, including soccer and sports fields 9. Improve walking and biking access to parks and trails, including the San Joaquin River Parkway 10. Expand access to local arts and cultural programs -9- The Measure P ordinance includes expenditure categories that guide how funding can be spent on programs and projects. Expenditure Category One (1) makes funding available to City-owned arts, cultural and recreational facilities located in parks. Expenditure Category Three (3) makes funding available for the planning and delivery of arts projects and programs as part of youth recreation, senior recreation and after-school programming. It also requires programming that provides job training, career development or both to youth, young adults and veterans, including education and/or certification for jobs within the arts. Expenditure Category Four (4) sets aside 12% of the funds made available from Section 7-1504 of the ordinance on an annual basis to invest in competitive grants for nonprofit organizations that support and expand access to arts and cultural programming. A full copy of the ordinance can be referenced in Appendix A. Why a Cultural Arts Plan? The purpose of this plan is to identify a vision for expanding access to arts and culture in the City of Fresno—and develop goals and strategies to implement it. The plan will guide investment of Measure P funding consistent with the ordinance. Under Expenditure Category Four (4), the ordinance requires the City, in partnership with the Fresno Arts Council and other local arts and cultural stakeholders, to develop a cultural arts plan before distributing competitive grants to nonprofit organizations to support and expand access to arts and culturecultural arts programming. Creating this plan has helped the community outline its needs, clarify its vision for the future, and reflect the desires of its culturally, demographically and geographically diverse community members. The information in this plan will be used to guide and prioritize investment in programs and projects. It also will be used to identify and apply for additional funding opportunities to leverage Measure P, multiplying the resources available to expand access to arts and culturalcultural arts programming in Fresno. Once the plan is adopted, based on the recommendations outlined in this plan and with additional community input, grant guidelines will be developed in partnership with the Fresno Arts Council or its successor local arts agency. With guidelines in place, multiple solicitations will be released, and funding will be allocated annually. A cultural arts plan is also a form of public policy. According to the Institute for Local Government, the primary function of a city is to provide services (e.g., public works, parks, solid waste) and adopt regulations that promote the public good within the city limits. Examples of these regulations include land-use policies and building code regulations. Policymaking is thus one of the primary tools that can be used by the City of Fresno to expand access to arts and culture. -10- For the purposes of this plan, policymaking refers to two kinds of policies: policies that become part of the Fresno Municipal Code (FMC) through the Fresno City Council legislative process, and policies that are used to guide day-to-day operations and procedures. There currently are various laws, regulations, policies and procedures that influence arts and culture in Fresno. For example, there are policies promoting high-quality architecture and sustainable design in the Citywide Development Code and implementation policies for design, public art and graphic identity outlined in Fresno’s General Plan. On the other hand, there also are policies, such as the recently adopted Artistic Crosswalk Policy, that require the public to follow an outlined process. The cultural arts plan will guide the development of both kinds of policy—policies that become part of the FMC and policies that are used to guide day-to-day operations. -11- About the City of Fresno The Fresno County Historical Society states that theThe land on which Fresno now sits was originally settled byis the traditional territory of the Yokuts and Mono people. Nestled in the San Joaquin Valley, Fresno is the fifth-largest city in California and the 35th largest in the United States. More people than ever call Fresno home; its population has been growing steadily for decades. In 2021, the city reported 537,100 residents within city limits, up 8.58% from the 2010 census, making it the most populous inland city in California. Fresno’s semi-arid climate allows for year-round events and activities; however, periods of prolonged drought, poor air quality and temperatures well in excess of 100 degrees impact participation in arts and culturecultural arts activities. Demographics Fresno is home to ethnic and culturally diverse communities. Many groups have thrived socially and culturally, enriching Fresno with their talents, perspectives, and unique arts and cultural activities—even in the face of historical and systemic obstacles. According to the U.S. Census, Hispanic and Latino community members, many from Mexico, comprise half of the population, 7% of people identify as African American or Black, 24% identify as White, 14% identify as Asian, 0.6% identify as American Indian and Alaska Native, and 0.1% identify as Native Hawaiian and Other Pacific Islander. Census numbers do not fully represent Fresno’s rich diversity. The city’s Indigenous population is composed of many tribes. Fresno is also home to some of the largest Hmong, Armenian American and Punjabi communities in the nation. Community members originating from all over the world enrich Fresno by sharing their heritage, customs and values. Fresno’s diversity can be further observed in the demographics of children and youth ages 0 to 17. Commented [AM8]: cannot find exact numbers or percentages for these communities' populations, but estimates circle around 40k for Hmong and Amenian populations -12- Estimated percentage of the child population ages 0-17, by race/ethnicity in the City of Fresno Data Source: Kids Data: Child Population, by Race/Ethnicity (2014-2018) Economics Agriculture and related industries are the economic driver of the local economy. Data from the Fresno County Farm Bureau (FCFB) indicates that much of America’s produce is grown in California’s Central Valley. According to the FCFB, farmers in Fresno County raise more than 300 different crops, contributing $8.08 billion to the California economy and supporting 20% of all jobs in the Fresno area. Based on FCFB estimates, every $1 generated on the farm produces another $3.50 in the local and regional economy. According to the Bureau of -13- Labor Statistics, Fresno’s top non-farm industries are: education and health services; trade, transportation and utilities; government; leisure and hospitality; professional and business services; manufacturing and construction. In Fresno, surveys conducted as a part of this planning process indicate that 6% of respondents derive their primary source of income from their art. Although considered part of the leisure and hospitality sector, cultural activities contribute to economic vitality across many industries. Many forms of artistic and cultural expression are included in careers such as marketing, graphic design, engineering, journalism, architecture, landscape architecture, web design and education. The City of Fresno’s unemployment rate is higher than state and nationwide rates, but significantly lower than historical trends. According to the California Economic Development Department’s January 2023 report, the unemployment rate in Fresno County was 6.2% in December 2022, down from 6.6% in November 2022 and below last year’s estimate of 6.9%. While local unemployment is higher than the unemployment rate in California (3.7%) and nationwide (3.3%) during the same time period, these values represent some of the lowest unemployment rates in the last two decades. When compared to the state of California, Fresno households are slightly larger (3.1 persons) than average (2.92 persons). The average household income in Fresno is $47,746. That figure is 44% lower than the state average of $84,097. As a result, Fresnans have relatively less disposable income, illustrating the need for low- to no-cost arts and culturalcultural arts events and programming. According to the 2021 American Community Survey, 26% of the population 25 years and older in Fresno had a bachelor's degree or higher, compared to 36% of people in the state of California. This demonstrates the need for various forms of educational opportunity and is consistent with community voices that highlighted the need for access to education. -14- Arts and CultureCultural Arts in Fresno The diverse artistic talents and cultural practices of the people who call Fresno home are too numerous to count. Art includes many forms of expression: animation, painting, sculpting, architecture, literature, music, film, song, dance, Phulkari, spoken word, theater, poetry, sculpture, textiles, sewing, quilting, mosaics, origami, collage, Paj Ntaub, basketry, beadwork, calligraphy, pottery, digital art, fashion and film. It is important to acknowledge that some of the communities that produce these works have had to overcome historical and systemic inequities that have limited their visibility, hindered their impact and restricted their growth. According to the 4,024 respondents from the community survey, Fresnans participate in many arts and cultural activities: 53% Live music 46% Visual arts 42% Cultural celebrations 28% Theater 27% Dance performance 12% Other -15- Arts and culture in Fresno are closely connected to agriculture. For many people, their livelihood, sense of self, community, traditions and civic pride are related, at least in part, to agricultural practices, which create a fertile environment for artistic and cultural expression. This connection is reflected in the works of art on display at local museums, in murals and compositions. Fresno is home to established and emerging arts and culturecultural arts organizations of all sizes. The city also is known as an inspirational place for artists, writers and poets (including theCalifornia’s homegrown Poet Laureate, Lee Herrick, and national Poets Laureate, Philip Levine and Juan Felipe Herrera), famous stage performers like Audra McDonald, or novelists and playwrights such as William Saroyan. The term “culture” or “cultural arts” is defined by the Alliance for California Traditional Arts (ACTA) as: “a part of the cultural life of a group or people whose members share a common -16- heritage, language, religion, occupation or region. These expressions are deeply rooted in and reflective of a community’s shared standards of beauty, values and life experiences. Traditional arts are often passed on from one generation to the next, or from one community member to another, and express a collective wisdom, rather than only a unique personal aesthetic.” The ACTA further recognizes that, “… traditional arts have been brought to California from other countries or regions and have taken root … to become interwoven with the state’s cultural landscape and identity ... Japanese bonsai; Cowboy poetry; Hmong reverse appliqué embroidery; Mexican corridos (ballads) and mariachi music; African American quilts; Native American basketry, ceremonial regalia construction and ritual music/dance; South Indian Bharata Natyam dance; Western saddle making; Chinese qin instrumental music; Portuguese fado singing; Native Hawaiian Kahiko Hula chant and dance; and Filipino rondalla music ensembles are but a few of the many hundreds of distinctive forms found in this tremendously diverse and culturally rich state [of California].” It isn’t feasible to define or describe a singular arts and culturalcultural arts identity for Fresno—doing so would oversimplify the unique and distinct traditions of the many cultures that enrich the city. Each member of the community contributes to a dynamic expression of pride and possibility that shapes the active and established local arts scene, which is rich with public art displays, arts education centers, museums, studios, cultural centers, art galleries and more. The cultural arts are the artistic manifestation of culture, presented through various artistic disciplines. Throughout the plan, the term “arts and culturecultural arts scene” will be used to refer to places, spaces and activities that shape arts and culture in Fresno. Commented [AM9]: Additional definition or distinction between "cultural arts" and "arts and culture" for purpose of the plan? See discussion document for usage suggestions. Revision reflects usage suggestions. -17- Research and Community Engagement Methodology Researchers used a mixed methods approach and multichannel communications strategy to collect the perspectives of Fresno’s various communities. A mixed methods approach uses surveys, interviews, community meetings and more to gather both quantitative (numerical) and qualitative (experience/opinion) data. Many methods were used to seek firsthand insights from artists, advocates, community members, cultural practitioners and organizations. A multichannel communications strategy was also developed and implemented to ensure transparency and increase community awareness and participation in the planning process. The methods used to reach, collect input and learn from the community are discussed below. Communication Strategies Before collecting data, research and communications plans were developed (Appendix D) to ensure all approaches collected the perspectives of Fresno’s multifaceted community. Through focused messaging and outreach efforts, the City of Fresno encouraged the community to take a public survey and participate in community meetings. A communications plan laid out strategies for increasing awareness of the cultural arts plan and inviting participation in the process. Three sets of strategies were used to introduce the planning process, create interest, invite community participation and develop community engagement opportunities: ● weekly social media posts on Instagram and Facebook promoting the survey and community meetings ● a cultural arts page on the City of Fresno’s website to explain how community members can engage in the process ● emails to lists including the Fresno Arts Council and other stakeholder groups to share updates and information The remaining strategies focused on inviting community participation in the surveys and community meetings, including: ● Flyers distributed at two ArtHop events, as well as 18 City of Fresno community centers serving youth and seniors. ● Flyers posted at 10 public library branches. -18- ● Working with local schools to make parents aware of the survey through “Peachjar”, the online application used for sending flyers home to parents and guardians. ● Door-to-door ambassadors, who canvased neighborhoods, attended community events, and distributed flyers and posters. To gather input from Fresno’s diverse population, the City worked with two community-based organizations: Reading and Beyond and the Southeast Fresno Community Economic Development Association. These organizations went door-to-door, distributing flyers in multiple languages that promoted the survey, community meetings and information about the plan. They also conducted outreach to residential households, businesses and events. A total of 9,000 flyers were distributed. ● Paid advertising and marketing, including print, digital, radio and social media advertising on Valley Public Radio, Univision, Munro Review, Fresno Bee, Vida en el Valle and the Fresno Business Journal. ● Paid printed advertisements citywide on FAX buses. ● Signs and banners displayed at arts and culture venues in the city, such as the Fresno Chaffee Zoo and Gazebo Gardens. ● Paper surveys and lockboxes, placed at partner organizations, community centers and various events. ● Conversations with local artists and cultural practitioners about Fresno’s cultural scene and their vision for the future ● In-person and virtual community meetings to gather input and build trust. The survey opened on Sept. 22, 2022. Communication materials were offered in English, Hmong, Punjabi and Spanish. After completing the online survey, participants were able to upload a piece of original artwork or writing that could be featured in the final plan. Foundational Research Over the course of six months, researchers reviewed plans from similar cities, consulted sources that could provide context on the area and its culture, developed a communications strategy and plan, interviewed key community stakeholders, created an online survey and conducted community meetings. To get an accurate pulse of Fresno’s arts and cultural scene, researchers consulted 100 sources of information, including: ● scholarly books and articles ● websites ● government reports ● historical documents ● news stories ● presentations ● in-person conversations ● demographic data ● cultural plans from several peer cities of a similar size and demographic -19- The research team brought the information together in a complete bibliography (Appendix F). Several themes proved consistent across multiple sources addressing historic social, cultural and economic trends (Appendix B). Community Survey From July-October 2022, an online survey (Appendix C) was developed and deployed to better understand the ways community members engage with arts and culture. The questionnaire was designed to be completed in 10–15 minutes and was open to the community for four weeks. The survey’s score-based quantitative and short-answer qualitative questions were developed through conversations with Fresno’s artistic and cultural stakeholders. The survey was made available in English, Hmong, Punjabi and Spanish. Prior to distribution of the materials, native speakers of each language reviewed and provided feedback. Additionally, to ensure the city’s demographic makeup was accurately reflected, the final section of the survey asked a series of optional demographic questions. Data collected about the respondents’ race, gender, age, income and home ZIP code ensured outreach efforts could be adjusted to achieve a representative sample. -20- Under 18: 5% 18-24: 10% 25-34: 18% 35-44: 21% 45-54: 17% 55-64: 13% 65 and above: 20% American Indian or Alaska Native: 2% Asian: 9% Black or African American: 6% Hispanic, Latino/a or Spanish Origin: 47% Middle Eastern or North African: 1% Native Hawaiian or Other Pacific Islander: 1% White: 30% Other: 5% -21- 93702: 19% 93727: 11% 93725: 8% 93711: 5% 93704: 5% 93720: 4% 93722: 3% 93710: 3% 93726: 2% 93728: 2% 93705: 2% 93703: 2% 93619: 2% 93706: 2% 93611: 2% Less than $20,000: 22% $20,000 to $34,999: 16% $35,000 to $49,999: 14% $50,000 to $74,999: 15% $75,000 to $99,999: 12% Over $100,000: 21% -22- Female: 64% Male: 35% Non-binary: 1% In-Depth Interviews In-depth, semi-structured interviews were conducted with 18 individuals from a cross section of Fresno community members, artists and cultural practitioners. The City of Fresno, the Cultural Arts Plan Subcommittee, local foundations, universities and artistic organizations helped create a preliminary list of people who could be interviewed. Researchers worked to ensure the pool of interviewees reflected the diversity of Fresno’s community. Interviews were conducted in English with the option of having the questions provided in the interviewee's native language. On-site interpreters were available as needed. Interview responses were anonymized, transcribed and coded, allowing the research team to find themes that were articulated in multiple conversations. This analysis helped develop the community survey, informed the agenda for community meetings, and informed the findings and recommendations included in the plan. -23- Council District Meetings Virtual, one-on-one listening sessions were conducted with Fresno City Council districts. During these conversations, council district representatives described the demographic makeup of their districts, shared arts and cultural practices in their communities, identified their district’s strengths and challenges, and shared suggestions to expand access to arts and culture. Local Artist and Cultural Practitioner Engagement During in-depth interviews, conversations with City of Fresno employees, Council district meetings and foundational research, the research team received numerous recommendations for additional local artists and cultural practitioners who could provide details about the city’s arts and cultural scene and helpful context to craft a vision for Fresno’s future. Communications and invitations to connect were sent to nearly 100 people, including representatives from seven educational institutions, representatives from advocacy and nonprofit organizations, local artists, musicians and writers. Twenty-four (24) people agreed to provide anonymous input through a five-question, open-answer feedback form (Appendix C). This feedback was coded and analyzed to identify the strengths, challenges and recommendations highlighted in this plan. Community Meetings The City of Fresno hosted six in-person meetings and two virtual community meetings. Each event was free and open to the public. In-person events were located at local schools or community centers that were accessible by public transportation. Hmong, Punjabi and Spanish interpreters were available at each event, and all event materials were made available in English, Spanish, Hmong and Punjabi, allowing attendees to respond to prompts in their preferred language. Activities for children and food were provided to reduce barriers to participation. One of the meetings was specifically focused on gaining the input of a youth audience. To reduce barriers to attendance, youth were provided with transportation through collaboration with the Youth Leadership Institute. Community meetings reached a total of 175 community members with 120 joining the in-person sessions and 55 joining the virtual sessions. Twenty attended the youth session. The sessions were live streamed on CMAC’s Facebook page, which brought an additional 1,390 views. The in-person sessions were held on: ● Oct. 24, 2022, 6–8 p.m., Fresno High School ● Oct. 25, 2022, 6–8 p.m., Roosevelt High School ● Oct. 26, 2022, 6-8 p.m., Edison High School ● Oct. 27, 2022, 6-8 p.m., Vinland Elementary School ● Nov. 2, 2022, 6-8 p.m., Virtual ● Nov. 3, 2022, 6-8 p.m., Pinedale Community Center -24- ● Nov. 8, 2022, 6-8 p.m., Virtual ● Nov. 9, 2022, 6-8 p.m., Ted C. Wills Community Center (Youth-focused Meeting) Community meetings created a space for attendees to provide their feedback and input for shaping the future of Fresno’s arts and culturecultural arts environment. Meeting facilitators encouraged open dialogue and discussion and led brainstorming activities, both in small groups and as part of larger group conversations. Reach ● Implementation of the communications plan resulted in more than 1 million impressions in the Fresno community during the four-week period the survey was open. ● More than 4,000 survey responses were received. ● Advertisements on 114 FAX buses resulted in nearly 730,000 impressions. -25- ● 700+ stakeholders received a series of eight emails resulting in 5,600 impressions. ● The Measure P Cultural Arts Plan webpage received 5,300 visits (3,900 unique visitors) in the month of October; visitors averaged more than five minutes on the page. ● Messaging resulted in more than 450,000 impressions across The Fresno Bee, Fresno Business Journal, Vida en el Valle, Valley Public Radio, Munro Review and Univision, resulting in nearly 2,000 clicks. ● Door-to-door outreach resulted in collection of more than 1,000 hard copies of the survey. ● A total of 120 people attended in-person community meetings, of which 20 attended the youth-focused community meeting. Additionally, 55 attended virtual meetings, and 2,800 comments were received and categorized into 194 themes by community members. -26- Community Voices The following detailed findings were distilled from a robust research and outreach program involving foundational research, in-depth interviews and multichannel public engagement efforts. Multifaceted and extensive, the findings spotlight the needs of the local arts and culturalcultural arts scene as well as how Fresnans aspire to expand access to arts and culture. The following subsections are conclusions drawn from those responses and additional foundational research. Fresno is a unique community, strengthened by its rich diversity and cultural assets. There are numerous arts institutions, nonprofits and cultural groups located in Fresno that have a history of serving the community and have laid the foundation for arts and culturecultural arts in Fresno. In fact, 70% of artists and cultural practitioners whose feedback we solicited (n=24) shared that Fresno’s arts and culturalcultural arts scene is anchored by several long-standing organizations, and that any cultural arts plan should make sure established institutions are supported and celebrated, while encouraging new organizations to take hold. Institutions such as the Fresno Art Museum, Fresno Arts Council, African American Museum, Armenian Museum, Arte Américas and more have remained a constant access point for arts and culturecultural arts in Fresno. One of the city’s greatest assets is its diversity. One-third (1/3) of artists and cultural practitioners who shared feedback cite Fresno’s cultural diversity as one of its most important and cherished assets. People of all ages, abilities, identities, backgrounds and cultures live in Fresno. "Stories & experiences & history of our ancestors are living and breathing within us, not in a textbook or through an observer or a colonizer's lens. We carry within us traditions and creative expression through dance, poetry, muralism, hand crafts & festivals.” – Fresno Arts Practitioner Existing organizations have worked to highlight artists from a variety of nationalities and backgrounds, uplift marginalized communities and host cultural exchange events for the public. Whether these organizations have a long-standing presence in the community, such as Arte Américas, or have recently emerged, such as Libota Mbonda, African DrummingAfrican Drum Interactive, their efforts have provided expanded access to arts and culture. Throughout foundational research, -27- interviews and conversations with community practitioners, institutions and events such as the Hmong New Year, Libota MbondaFresno AfricanAfrican Drum Interactive drumming circles, Roger Rocka’s, Juneteenth Festival, Chinese New Year, Arte Américas, Greek Festival, Armenian Museum, African American Museum, Fresno Rainbow Pride Parade and Festival, Polynesian Dance, Fresno Chaffee Zoo, and ArtHop were frequently mentioned for the opportunities they provide community members to engage with many forms of arts and culture. Community meetings held across Fresno made it clear that the larger community is a patchwork of vibrant cultural areas. The city has undergone a recent demographic evolution that has positioned it as a metropolis made up of many different communities and cultures. As a result, residents who identify as Hmong, Punjabi, Armenian, African American, Latino or of another ethnicity bring rich, varied perspectives to the table. Destinations including the Tower District, Mural District, Fulton Street, Chinatown, Storyland and the Fresno Water Tower are just a few of the iconic representations of local arts and culture. The City of Fresno also has many assets, including theaters, that provide spaces for events and gatherings, among them the Tower Theater, Veterans Memorial Auditorium, and the Fresno Convention and Entertainment Center, which includes four venues: the Selland Arena, the Saroyan Theatre, the Fresno Convention Center and Valdez Hall. Other City of Fresno venues often utilized for outdoor events include the Rotary Amphitheater at Woodward Park and the Cultural Arts District Park. The Cultural Arts District Park is located in downtown Fresno and features an interactive lighting installation that creates a dynamic atmosphere. While listing all of Fresno’s existing arts and culturalcultural arts assets is outside of the scope of this plan, it must be acknowledged that the community includes a number of historic art installations, structures, neighborhoods and arts institutions that have laid a foundation for cultural vibrancy. “You won’t find Hmong poetry as vibrant anywhere else in the country as perhaps here.” The community actively participates in a wide range of programs, events and groups, and there is interest in a variety of cultural artsl activities. Survey responses highlighted hundreds of events and activities that the community participated in within the last six months. Examples include: Fresno Master Chorale, the Fresno Philharmonic, Kearney Pirate Faire, lectures and art exhibitions, art classes, Art Hop, the Van Gogh exhibit, Summer Arts, Art of Life Healing Garden, Shinzen Gardens, Flamenco Dance, Hmong New Year, , Libota MmbondaAfrican Drum Interactive Drum Circles, Tai Chi, Block Parties, Town Hall lectures, literary events, Car Shows, the Greek Festival, the Fresno Art Museum, Fiestas Padrastrias, hula dance, Polynesian dance, live performances, theater, the Koi show and concerts. Several respondents indicated their involvement was tied to churches, schools or other public spaces such as parks. Survey data suggested a particular interest in literature, whether in print or through audiobooks and podcasts. An interest in film also emerged, with 40% of respondents indicating they go to -28- the movies at least once per month or more. Overall, survey responses suggested that Fresnans participate in actively attending arts and culturalcultural arts activities as well as passively enjoying arts and culture by viewing murals and sculptures on the street. Foundational research identified a wide variety of activities currently available for adults and families, ranging from participation in arts through the Fresno Summer Orchestra Academy and Bhangra Dance Competitions, to enjoying live music as part of a Norteño Concert, Gazebo Gardens or Fresno Street Eats. Measure P funding is seen as one of the greatest opportunities for the future of arts and culturecultural arts in Fresno. “In many ways, it’s Fresno’s arts renaissance. We will be able to bring back many of the programs we lost. We are at the precipice of creating new opportunities in the arts.” Measure P will infuse much-needed investments into arts and culture in Fresno. As a result of Measure P, the City of Fresno will have the ability to expand access to arts and culturalcultural arts programming and projects. In both in-depth interviews and the feedback received from artists and cultural practitioners, Measure P funding was cited as one of the greatest opportunities for the future of arts and culturecultural arts in Fresno, a clear indication that the ordinance brings forth the much-needed dedicated funding for arts and culturecultural arts that has been missing. At community meetings, participants were asked what the City could do to help expand access to arts and culture in Fresno. Responses included providing funding, prioritizing investments, and promoting and celebrating arts and culturecultural arts through programs and projects. While Measure P is one source of financial support, to achieve all that this plan outlines and to sustain a robust arts and culturecultural arts environment, more funding sources will need to be explored. The Measure P funds, in turn, serve as a way to advance organizations and programming, as well as establish a foundation and gateway for exploring additional state, national and/or private-public funding opportunities. “Funds will also help establish community and diversity as the basis of Fresno's cultural identity, and will facilitate more inclusive and impactful collaboration between organizations.“ -29- Fresnans look for arts and culturecultural arts to provide new experiences that help them strengthen connections with loved ones. Fresno’s culture is vibrant, varied and treasured by its residents, artists and cultural practitioners. Existing art reflects the diverse people who make it and the communities they live in. As a result of more than 2,800 community meeting responses and 18 in-depth interviews, community members expressed pride in their identities, indicating that they utilize the arts to connect with one another and build relationships with others. Surveys show that locals are highly engaged with arts and culture, whether they create it or consume it. Nearly half of people surveyed (n=3,981) have participated in live music or visual arts activities in the last six months. Fresnans report the use of arts programming to cultivate new experiences or learnings (48%), spend quality time with loved ones (47%), engage with their local community (39%), and celebrate their own (38%) or other people’s cultures (34%). There are barriers to accessing information about arts and culturecultural arts opportunities. At meetings and in survey responses, Fresnans expressed a widespread desire for arts and cultural organizations to share more information with the community, especially as the cultural arts plan is implemented over time. Open-ended survey responses mentioned a lack of promotion on social media for arts and culturalcultural arts events and cited a need to share posts on Facebook and Instagram to reach audiences who may prefer one platform over the other. In the early stages of this plan’s development, the existing Measure P website saw more than 5,000 visitors during a one-month period and nearly 4,000 unique visitors. These metrics further indicate an interest in accessing web-based information for Fresno’s cultural arts offerings. Additionally, in community meetings and in-depth interviews, Fresnans frequently noted that there was no single source they could reference to learn of all the arts and culturalcultural arts activities and offerings available. It was expressed that closure of the Fresno Bee’s Arts and Culture section left a gap in traditional media coverage that members of the community still feel today. Limited awareness about arts and culturalcultural arts information was reflected in survey responses as well. More than 154 survey respondents indicated (using open-ended responses) that they lack information about programming and opportunities to engage with arts and culture, often learning of events “after the fact.” One response summarized the -30- sentiment of many, stating “[I] find out about them [arts and culturecultural arts events] after they are over and wish I could have attended.” Foundational research indicated that there are several active event calendars available online, including those produced by the Downtown Fresno Partnership and the Fresno County Convention and Visitors Bureau. Both organizations currently provide a calendar of events and identify local arts and culturecultural arts attractions. Despite these tools, feedback explicitly expressed in open-ended community survey responses stated that there is no singular source of event information available and no directory or hub that identifies artists and cultural practitioners. Developing a comprehensive directory was also a theme among group discussions during the community meetings. “It is hard to access information about when events are taking place. I miss things because I never heard about them. We need a clearing house/regular forum for events. Other large cities have pink sections of the local paper where events are posted,” said one survey respondent. Although arts and culture are abundant in Fresno, information is siloed. As the City of Fresno moves forward with implementation of this plan, it is important, as the community noted, that it maintains direct and responsive engagement with arts and cultural organizations and individuals in the community. A review of other cultural plans revealed that several cities— including Boston, Massachusetts; Chicago, Illinois; Denver, Colorado; and Sacramento, California—recognized the importance of designating an arts and culture-focused individual and/or department to answer questions and connect communities with cultural event opportunities. Further compounding the issue, cultural and art practitioners whose feedback we solicited (n=24) indicated that arts organizations struggle with visibility and audience-building (22%), despite an extensive and diverse arts ecosystem (100%). Other cities have successfully implemented a centralized online hub for arts and culturecultural arts information. For example, Sacramento maintains a public arts database, Sacramento365, which highlights all of the community’s public works and events. This digital hub houses funding information, performance information and more. Visibility is also limited for existing city assets, including murals, sculptures and the Cultural Arts District. Foundational research revealed a lack of awareness about Fresno’s current Cultural Arts District. People at community meetings and participants in in-depth interviews voiced a desire for the dedication of a formal districts. As an added challenge, organic web results fail to consistently identify one area of the city as the Cultural Arts District. Fresno can address this challenge by identifying, designating, and uplifting several burgeoning Cultural Arts Districts throughout the city. The City of Las Cruces, New Mexico, demonstrated that investment in such a districts can be highly successful. When it designated its district, Las Cruces saw increases in tourism, local pride, and participation in arts and culture activities (Cook, 2020). With the right strategies in place, Fresno’s Cultural Arts District can achieve the same goals. Commented [AM10]: Add a sentence to address one v multiple CDs for formal designation? -31- Transportation and accessibility are essential to engaging with arts and culturecultural arts in Fresno. The City of Fresno’s geographic expanse (115 square miles), periods of extreme heat and poor air quality create obstacles around access to arts and culture—especially for senior audiences. Across multiple community meetings and in many interviews, expanded walking and biking routes, coupled with walkability improvements to better access arts and cultural cultural arts opportunities were repeatedly requested. The city’s community survey revealed that Gen Z (born between 1997–2012), Latinos and people with incomes below $50,000 are less likely to attend events that can’t be accessed easily by foot and/or public transit. The location of existing events also posed challenges for the community. For example, when discussing ArtHop, several practitioner feedback forms and community meeting responses mentioned how the event is held downtown—making it difficult for residents from other neighborhoods to attend if they cannot afford transportation or have an easy way to access the area. There was a very clear need to further enhance the transportation system to expand access to arts and culture in Fresno, including active transportation and public transit. While downtown acts as a central location for arts and culturecultural arts, these should be infused everywhere to meet the cultural, demographic and geographic diversity of Fresno. The Measure P ordinance states, “Grants funded … shall prioritize organizations and programs that support and expand diverse public or youth engagement and equity.” Comments at the community meetings reflect the importance of this: “Making sure the outreach reaches everyone equally." “I think what makes Fresno’s arts community amazing is its diversity.” Accessibility was also cited as a barrier by many seniors and people with limited mobility. They identified that walking long distances or navigating facilities with mobility devices like canes or wheelchairs is difficult. Examples of survey comments that identified accessibility as an issue, included: “I'm disabled and some venues are not easily accessible” and “Not often easily accessible for disabled, sometimes seem too exclusive, would love to see more family-friendly/sensory-friendly times/venues and more inexpensive entries with more opportunities to support artists directly. ” -32- The Fresno area has an active artist community—but more support is needed to ensure artists, cultural practitioners and organizations are connected, stable and can thrive. Fresno is home to many artists; 44% of survey respondents self-identified as someone who produces or practices art, and 27% of these self-identified artists (12% of all respondents) reported regularly earning an income from their artistic work. 14% of self-identified artists (6% of all respondents) rely on their art as a main source of income. In addition to artists, the arts and culturalcultural arts community encompasses large, well-established organizations and smaller emerging organizations. Many feel Fresno’s art institutions only represent or showcase certain communities, creating a stratified scene and leaving underserved groups (primarily communities of color) on the outside looking in. Despite the desire to network and collaborate, research conducted for this plan uncovered repeated concerns about the lack of cohesion within Fresno’s arts and culturecultural arts sector. The Fresno Arts Council has Multiple organizations provide support to ed local artists and organizations. They group should be encouraged to continue these efforts, with a focus on emerging nonprofits such as those that have formed within the last 10 years. In-depth interviews and practitioner feedback revealed that groups serving communities of color often do not receive the same level of resources or widespread support as those that serve predominantly white communities. Prioritizing relationships with organizations that primarily serve marginalized and underserved communities could serve to reduce this. These efforts could include building a section of the existing Fresno Arts Council website that calls out specific funding opportunities for organizations serving marginalized communities. “There's a perception amongst the community of some of the communities of color here that art is not a place for them. Like they're not welcome in these spaces … or we feel out of place in these spaces. We don't feel like this is a place that welcomes us.” Artists communicated a desire to build relationships with one another, but lacked opportunities to do so. Local artists feel an absence of financial support and communicate that the assistance that does exist is often composed of one-time grants, frequently won by established “high-arts” organizations. In community meetings, artists expressed frustration that expanded access to arts and culture grants is restricted to nonprofit organizations as required by the ordinance. -33- Organizations face similar challenges. Multiple in-depth interviews and practitioner responses showed a common interest in collaboration, relationship building and connectedness. However, many groups said they have been unable to focus on long- lasting relationships with organizations sharing similar objectives and interests because of a lack of consistent resources. It was communicated that limited grant opportunities, the competitive nature of requests for proposals and other funding structures create barriers to collaboration. Fresno’s arts and cultural cultural arts organizations clearly communicated a need for support, including funding. Many interviewees expressed the need to operate on shoestring budgets to pursue their goals, while coping with the impacts of vandalism and deferred maintenance. 14.4% of these interviewees emphasized the need for money and funding for all institutions, artists and organizations in Fresno. Some in the community feel the city’s art institutions only represent certain communities and do not engage enough with underserved communities. Local artists feel an absence of financial support.. Nontraditional arts groups and communities of color feel they have to rely on personal funds to stay afloat. Without more government support, local organizations say the community becomes more segregated and stratified, more heavily influenced by wealthy patrons who can afford to donate money to the organizations they care about most. While Fresno has an impressive breadth of arts and culturalcultural arts practitioners and organizations (as reported in in-depth interviews and artist and practitioner surveys, as well as indicated in foundational research), financial constraints, staffing shortages and geographic barriers prevent them from working together. Organizations and individual artists do not have the resources to focus on collaboration, community building or pursuing new connections when they operate in “survival mode.” Many local artists and emerging organizations (groups with an annual budget under $500,000) communicated the need for additional resources to sustain themselves and their operations. More support is needed to ensure artists, cultural practitioners and organizations can thrive. This support can be offered in the form of grant funding and technical assistance to obtain and manage additional sources of funding. Both grants and capacity building were identified as critical to artists or organizations that have not historically had access or experience managing grant revenue. “As we strengthen arts organizations, we also strengthen individual artists because now organizations can hire and can access individual artists and can commission their works.” Arts and culture support physical and mental health. A 2019 World Health Organization report found that participating in arts and cultural activities can have a significant positive impact on mental health and overall well-being -34- (Fancourt and Finn, 2019). Supporting arts and culturalcultural arts organizations that work directly with at-risk youth, veterans, seniors, justice-involved populations, etc., can extend these benefits to the groups that need them most. There are many opportunities, such as art classes, museum visits and performances, that can be designed specifically for these populations. When building these programs, it is important to rely on the models of outreach programs already in place in Fresno (such as the Fresno Art Museum and Arte Américas), and to partner with non-arts entities that are already serving these groups. Participation in arts and culture is expressive and reflective, with activities that support mental health and well-being. Arts and culture also provide an outlet and sense of connection with others. Twenty-six percent (26%) of survey respondents chose "for physical and mental health" as one of the top reasons why they engage with arts and culturecultural arts. Local events such as ArtHop feature local artists and consistently draw large crowds. This level of interest, paired with Fresno’s large, diverse cultural expression, lends itself to tremendous potential for incorporating arts and culturecultural arts into educational, mental health and public health programs. Studies reviewed as part of foundational research indicated that art can be used as a form of therapeutic intervention for veterans, individuals undergoing cancer treatments and individuals who have been formerly incarcerated (Elimimian et al., 2017; Tiret, 2017). There are distinct ways in which physical health and wellness also interact with arts and culture. Arts and culturalCultural arts activities promote physical activity through walking, dance and other exercises that strengthen mind-body connections such as tai chi. COVID-19 has had a lasting impact. COVID-19 has affected artists, organizations, events and the way individuals choose to participate in arts and culture. As shared by one community member, “Covid was certainly a showstopper.” COVID-19 has had a negative impact on local artists, who communicated that they are still trying to recover from the effects of the pandemic. Many organizations shared that they are still working to rebuild audiences, which declined as a result of the pandemic. Many survey respondents indicated that ongoing concerns about COVID-19 impeded their ability to participate in arts and culture. Several reported not feeling comfortable returning to their prior participation. Outdoor and remote events were identified as a way to reduce risks and engage more people. Based on survey responses, 56% of Fresnans would like to see more arts and culturalcultural arts activities offered virtually. “Lately I want outdoor events only.” “I'd like to attend all of these, but Long Covid/Autoimmune issues prevent me. I'd like opportunities to enjoy them online.” -35- More should be done to increase art in public spaces. “I hope that we just have more public art installations, where I don't have to make time to go to an event, per se, but will just see them driving by or walking around.” While there is a strong presence of art throughout Fresno in the tower district and mural district, feedback at community meetings indicated that residents desire more. The various community meetings revealed an often-voiced desire for increased artwork throughout the city. During the community meetings, community members frequently recommended increasing the number of murals as a way to add to neighborhoods and uplift the community. Specific comments during community meetings mentioned the ways additional art can help beautify neighborhoods and strengthen communities, uplift individuals, and bring awareness to the various identities in different communities. Multiple interviewees cited the importance of Fulton Street as a location for public art—as well as the need for increased installations throughout Fresno. Foundational research outlines the many benefits of public art. Public art increases visibility for artists, allows community members to access arts in a variety of ways and boosts the overall city appearance. For example, other cultural arts plans outline the ways public art can help revitalize communities and make neighborhoods more inviting. Cultural plans in Chicago and Oakland include a specific designation of funds for the installation and maintenance of public artwork. These plans discuss the ways public art can contribute to a sense of identity at the city level. Practitioner feedback also highlighted the desire to maintain current installations and the value these add to the community in terms of exposing residents to art. Both interviews and practitioner feedback included ideas for real estate developers to partner with local artists when building new businesses in the area as a way to spread public art throughout the city. Fresno City Hall has long featured local artists on its walls, thanks to the efforts of the Fresno Arts Council (Matlosz, 2007). During community meetings held to develop this plan, community members consistently failed to acknowledge this location as a place to interact with or view the arts. While the space has been successful in featuring a variety of artists, the Fresno Arts Council can work with community members to expand and upgrade the current selection system to attract new viewers and maximize the number of artists featured. The City of Boston, for example, allows different organizations to facilitate installations throughout the year, rather than handing the reins to one group (City of Boston, 2018). -36- Activating public spaces across all neighborhoods is another way to bring art to the community and is commonly called placemaking. Placemaking refers to designing spaces that represent, engage and attract the community. According to the American Planning Association, successful creative placemaking highlights unique community characteristics. Projects can focus on connecting local history with the present, bringing cultural influences into the spotlight and creating new traditions. It builds connections between people and places by encouraging collaboration and visualization. Whether in the form of additional murals, painted utility boxes, or other public opportunities to showcase creative expression, arts in public spaces can contribute to expanded access to arts and culture in Fresno. An example of the way other cities have expanded access to art in public spaces comes from Oklahoma City’s Cultural Arts Plan, which recommended incorporating arts into its Master Parks System to involve people of all ages. In the years since its adoption, the subsequent Arts in the Park initiative has provided regular arts programming to Oklahoma City’s youth and earned the city national media attention for successfully distributing public art in the community (Lackmeyer, 2022). A sense of safety is important. More than 23 respondents in the community survey explicitly mentioned safety as a top barrier for them to engage more with arts and culturecultural arts in Fresno. Respondents used the open-ended text space in this question to express this concern. Responses related to safety indicated a request for better lighting, parking and increased security to create a sense of safety at venues, events and in the surrounding areas. “Best thing is to revitalize downtown so we feel safe going down at night. Art Hop is great but lighting and parking need improvement.” Arts and culture serve as a powerful means to build relationships. In its many forms, art can provide a chance for people to learn more about one another and share experiences in a meaningful way. This is especially important given the historical -37- legacy of segregation, red-lining and other discriminatory policies across cities in California. As the community takes steps to heal and address injustice in all forms, arts and culturecultural arts offer powerful ways to bring people together. Whether the art in question is a drawing, poem, dance or homemade dish, every creative medium reveals something about the person behind it. Arts and culturalCultural arts practitioners interviewed as part of this planning process believe arts and culturecultural arts can bridge divides. Interview respondents identified that arts can help open dialogue across groups. An example of this can be found in the way in which the National Gallery of Art uses art as a medium to open dialogue on race in America through a variety of art lessons and activities offered as a part of the it’sits “Uncovering America” series. Participants at the youth community meeting expressed the ways in which arts and culturecultural arts can bring people together to “help combat prejudice, stereotypes and racism.” When asked about the importance of arts and culture, approximately 14% of youth responses spoke about equitable representation and ensuring that everyone across all backgrounds, especially LGBTQ+ and Indigenous populations, was properly acknowledged and supported through arts and culturecultural arts. Arts and cultureCultural arts support the local economy. “I believe a thriving arts community creates a thriving city.” Foundational research indicated that existing cultural events, such as the Danzantes Unidos Festival and the Bhangra Dance Competition, draw thousands of individuals to Fresno for multiday events. These events provide space to learn and celebrate culture and have a positive economic impact on the local economy—particularly for the local hotel and restaurant industries. Community meeting attendees expressed a desire to bring more events, installations and art exhibits to Fresno to minimize the need to travel to Los Angeles or the Bay Area in pursuit of arts and culturalcultural arts activities. Costs create a barrier to hosting and participating in arts and culturalcultural arts events and programs. Findings indicate that there are cost barriers for artists, cultural practitioners, organizations and the community. Many cultural organizations in particular struggle to receive the same level of financial support as arts groups and organizations. Practitioner feedback and in- -38- depth interviews revealed a lack of access to the arts for those living in poverty. These barriers are, in part, related to admission costs and programming fees, which many lower- income families cannot afford. Community surveys also indicated that fees and other costs prohibited some organizations from holding events. For example, one community member shared that “some groups don't have public performances or presentations because they can't cover operations costs.” As part of community meetings conducted to inform the cultural arts plan, attendees expressed a need for more affordable artistic and culturalcultural arts opportunities. Community members consistently mentioned a desire to see public art dispersed throughout the entire city and indicated that costs prevent them from engaging with the arts. Survey results concurred with this finding and often identified the cost of parking as a barrier to participation. Fresno’s climate impacts the arts and culturalcultural arts scene. While Fresno’s climate can allow for outdoor events for most of the year, several interview respondents indicated that periods of high heat limited their ability to participate in outdoor events. For example, one respondent stated: “It's too hot in the summer for me personally to enjoy outdoor venues.” Incorporating climate-resilient design into arts and culturecultural arts venues, parks and other public places can help address these barriers. Climate-resilient design includes such things as shade structures, urban greening, and architecture that conserves natural resources, supports climate adaptation and is consistent with the Parks Master Plan. Lack of affordable housing, transportation and studio/theater space creates barriers for artists and cultural practitioners. “Speaking for both myself and other cultural bearers, if you find us a way to get us our own space for our specific culturally based arts, help with funding the needs of our programs— supplies, paying instructors—you will give us more than what we have now to work with. Many cultural practitioners like me had to sacrifice our own personal finances and time to even get our programs to be available in the Valley.” Throughout the research and outreach process, creators continually cited the need for affordable studio spaces and climate-controlled work environments, whether to create art or host programs for the community. These groups expressed a need for dedicated work -39- areas within the city that can be leased on a long-term basis. The affordability of an artist’s space depends upon many factors, such as location, proximity to other cultural assets, size, floorplan, distance to public transportation infrastructure and/or parking, and whether utilities or other amenities are included in rent. These factors should be considered when setting appropriate rates for studio spaces. Arts organizations and practitioners (n=18) remain ambitious but expressed that they feel isolated from peers (22%) and lack government support (38%). As part of community events, artists expressed the need for space, stating that “permanent spaces equal permanent programs.” According to the 2021 American Community Survey, the median housing value in Fresno was $273,900. The median monthly rent was $1,115. Additionally, 57.5% of Fresnan renters are housing cost burdened, meaning that they paid more than 30% of their income in rent. Rent increases in Fresno have been among the nation's highest (Garibay, 2022). Affordable housing, access to affordable transportation and dedicated studio/theater spaces are essential to expanding access to arts and culture. Time constraints and schedules limit access to arts and culture in Fresno, especially for youth and seniors. Time was an often-cited barrier by survey respondents. Many indicated that their work schedules left little time during the day for participation in arts and culturecultural arts, and attending events on weeknights was challenging. Several respondents asked for more weekend options. “I work 6 days a week. not enough free time.” “I don't drive, so getting to Art Hop in the evenings is difficult for me. Plus, I work from 7:30 a.m. to 5 p.m., so I'm exhausted when I get home.” Others noted that events during evening hours were challenging for families with young children. “Mainly just a busy schedule working full time with young children.” "It is difficult to take young children to performances at 7 p.m. or later, so more performances during the day would be helpful." Responses also suggest the need for family-friendly performances where parents with young children could feel welcome. Notably, seniors indicated an interest in events held earlier in the day. When asked about difficulties participating in arts and culturecultural arts in Fresno, senior respondents highlighted that -40- many events occur at night. Several seniors communicated that as they have gotten older, they have stopped going out in the evening times. “I am 74 now so I don't go out at night as much as I used to.” It is clear from community member responses that there is a need to offer programming at a variety of times. There is also a need to offer passive forms of arts and culturecultural arts, such as outdoor installations and murals that can be accessed at the convenience of the community. Parents and youth are seeking arts and culturecultural arts programs and events for young people citywide. Notably absent from Fresno’s arts and culturecultural arts scene were children’s art museums. Respondents indicated that the 2010 closure of the Fresno Metropolitan Museum of Art and Science left a void in the community. Many respondents indicated a desire for programming for young children and programming built with families in mind. Although there are a number of destinations where children can learn about the natural sciences, including the Fresno Chaffee Zoo, Discovery Center and City of Fresno Highway City Science Center, and literature, including local libraries and Storyland, there are no arts and cultural museums in Fresno designed exclusively for the interests and needs of children. Additionally, several of Fresno’s long-standing institutions struggle to cultivate an audience. Current efforts fail to strongly resonate with residents who do not have a background in the arts, which can prevent young people from getting involved. Youth voices from the youth community meeting indicated that teenage youth seek greater access, safe spaces and representation in arts and culture. As part of the youth community meeting, youth were asked what the City of Fresno can do to provide better support to arts and culturecultural arts. In total, youth community meeting attendees provided 97 responses— approximately 24% of which included requests pertaining to youth support both in and outside of school, especially those residing in neighborhoods with fewer resources. Comments included: “Safe environment to express ourselves.” Other areas of research highlighted the importance of increasing youth opportunities throughout the community: “There are students or young people that are willing to learn about the importance of art history and art making—we as a community have the tools and knowledge, we just need to let the students be aware of it.” -41- “When kids see people making art, they feel they can make art.” “We just have to be more inclusive about raising people up in a community because each one of those people are prospective buyers, creative people and intellectual assets. I mean, they have so many resources we don’t even know about because they’re never allowed to develop them.” Investment in arts education and apprenticeship programs is important. Community members clearly shared that arts in education is important. Over half of in- depth interview participants (n=18) cited arts education as essential for any successful wide- ranging arts investment. There are many ways the community can participate in arts education, including as a part of primary, elementary, middle and secondary schooling and higher education. In addition to the “traditional” education system, arts education can occur in many forms, including internships, externships, fellowships, artist residencies, apprenticeships and community-based education. “From my experience, there is a lot of art talent here; it’s just that I think the opportunities are very rare … they have a hard time getting access to resources that really uplift their community.” Foundational research provides examples and definitions for arts education outside of the traditional educational settings. Internships: The University of Maryland Career Center classifies internships as typically short- term supervised work experiences in a chosen field, designed for students or recent graduates. The goal of an internship is to gain hands-on experience, develop skills and network within the industry. Internships may be paid or unpaid; though paid internships are essential to reducing barriers to participation and are strongly encouraged. Externships: In a 2022 article analyzing the differences between internships and externships, Genevieve Carlton designates the latter as short-term jobs or shadowing opportunities for students or recent graduates to observe and learn about a particular job or industry. Like an internship, externships provide a professional learning experience. Unlike an internship, -42- externs do not complete job tasks—their primary role is to shadow and observe. Externs are typically unpaid but may be provided with a stipend to reduce barriers and enable participation in the program. Externships may be used to determine interest in various fields prior to pursuing other longer-term education in the arts. Fellowships: The Columbia University Undergraduate Research and Fellowships webpage categorizes fellowships as opportunities awarded to postgraduate students or professionals to receive training, conduct research or gain specialized experience in their field of study. Fellowships are paid and often sponsored by foundations, associations, organizations, college institutions or government organizations. Fellowships in the arts typically include a competitive application process. Once awarded, fellowships may last between six months to two years. Artist Residency: In a 2016 article, Henri Neuendorf describes residencies as programs that give artists the opportunity to live and work outside of their usual environments, providing them with time to reflect, research or produce work. Residencies usually last several months to a year. Typically, applicants are required to submit a project proposal, résumé, and letter of motivation or similar documentation. Some host centers have restrictions or conditions on the work produced, whereas others provide few guidelines to enable creative expression. Artist-in-residence programs are short-term, ranging in length from six months to one year. Apprenticeships: In an article [no date] on the importance of apprenticeships, the ASVAB Career Exploration Program emphasizes how they provide structured, on-the-job training where an individual learns a skilled trade through hands-on experience under the guidance of a skilled worker or mentor. In many industries, apprenticeships are registered and include a mix of classroom education and hands-on learning. Registered apprenticeships are typically full time and result in certifications that create a pathway to a career. In the arts, apprenticeships have historically been less formal. The length of apprenticeships offered vary from short duration (weeks) to longer terms. Apprentices may be paid hourly or through a stipend, depending on the time commitments. Community education brings arts education to the community through short-term programs offered at community centers, schools, senior centers and other community spaces. Community education builds knowledge and skills while providing a space for the community to connect with one another. Programs are typically low- to no-cost and are offered as one-time events or as part of a short-term series (4–12 weeks). Community education is a low-barrier way to be exposed to all forms of art and learn new skills. Examples of community education opportunities in Fresno include the senior ceramics program, tai chi classes and music lessons offered at community centers. Meaningful arts education is the groundwork for a healthy, vibrant cultural arts scene. These programs will give students a much-needed space for expression, teach them to -43- carry their individual traditions and train them in hard skills they will use for the rest of their lives. Tracking the effectiveness of these programs will illuminate areas for improvement, as well as strengths that can be replicated elsewhere. -42-   Vision, and Goals, and Grant Funding Priorities The cultural arts planning process inspired an aspirational, ambitious and achievable vision for the future. VisionVISION: Cultural arts in Fresno will be recognized, prioritized, inclusive, accessible, and continue to reflect, celebrate and connect the community. This vision will be realized by focusing efforts around six goals. Developed on the basis of key findings, these goals can be realized through the implementation of recommendations accompanied by actionable strategies designed to energize, invest in and elevate Fresno’s arts and cultural environment. There is no specific funding allocated for each goal and associated recommendation, and the recommendations may require additional entitlement and CEQA (California Environmental Quality Act) processes. Goal 6:six recognizes that the overarching purpose and responsibility of city government, its programs, and services, will intersect with and contribute to the success of the other goals of this plan. GOALS The following goals establish desired outcomes: Goal 1: GRANT-MAKING & COMMUNITY ENGAGEMENT Goal 2: STABILIZE, RESTORE & ACTIVATE Goal 3: EDUCATION & ORGANIZATIONAL DEVELOPMENT Goal 4: CELEBRATE & ENHANCE Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND Goal 6: MUNICPAL INVESTMENTS AND POLICIESY TO SUPPORT CULTURAL ARTS GRANT FUNDING PRIORITIES Formatted: Font: 11 pt, Not Bold -43-   Priority Recommendations & Strategies The following recommendations identify priority investments to achieve the goals. Goal 1: GRANT-MAKING & COMMUNITY ENGAGEMENT Desired outcome: Establish a strong foundation to support and expand access to arts and culture through grant-making and community engagement. “Involving cultural community leaders, organizations and artists in the government’s processes [...] will strengthen a relationship of trust and dialogue between the two parties.” Recommendation 1.1: Utilize Fresno’s designated arts agency, The Fresno Arts Council or its successor local arts agency, to expand citywide arts and culture. Strategy: Act as the liaison to the Fresno Parks, Recreation and Arts Commission, City of Fresno departments, local arts and culture organizations, and artists and cultural practitioners. Strategy: In partnership with the Fresno Parks, Recreation and Arts Commission, implement an annual grants process to invest in competitive grants for nonprofit organizations that support and expand access to arts and cultural programming. Strategy: Create a process to track implementation data and evaluate performance to achieve cultural arts plan goals. Strategy: Update expanded access to cultural arts grant program guidelines annually, including community engagement. Strategy: Update cultural arts plan every five years, including addressing shifts in needs for Fresno’s cultural arts scene. Strategy: Ensure cultural arts information is made available in languages as requested. Strategy: Ensure all materials are provided and communicated in Americans with Disabilities Act (ADA) accessible formats. Strategy: Ensure information is provided for age-specific audiences. For example, identify programming intended for children and seniors. Commented [LW11]: The PRAC Arts Subcommittee reorganized the goals to better align with the needs of the Fresno community; new Goal 1 incorporates elements of Measure P and adds clarity to how the CAP interacts with the cultural arts grantmaking process in the City of Fresno municipal ordinance Commented [LW12]: This Recommendation 1.1 is a revision to Recommendation 2.1 in the 5/15/23 draft Cultural Arts Plan, in response to the overwhelming public comments received in the public review process -44-   Strategy: Ensure accessibility services at cultural arts events such as American Sign Language interpreters, closed captioning, audio description, access ramps, dedicated spaces and more for people with mental and/or physical disabilities (e.g., accessibility seating and parking spaces). Recommendation 1.2: Develop the expanded access to arts and culture grant program guidelines to ensure a transparent and competitive process consistent with the ordinance requirements, including regular evaluation and review of the process. Strategy: Develop and fund grant programs for core operating and project-support grants, including the requirements for eligibility. Development of these programs will require ongoing community outreach and input to build upon the foundational research and key findings from this cultural arts plan. Strategy: Adhere to SEC. 7-1506 (b)(4)(E) of the ordinance which states "Grants funded pursuant to subparagraph (B) shall prioritize organizations and programs that support and expand diverse public or youth engagement and equity." Strategy: Manage expanded access to arts and culturecultural arts grant solicitations and ensure all grantees provide timely project delivery, reporting, funding and invoicing. Strategy: Facilitate community engagement process to ensure community voices are heard for annual development of grant programs. Strategy: Make funding available for an independent evaluator to evaluate process, outcomes, and investments to ensure transparency. Strategy: Include evaluation and key performance indicators in grant agreements. Strategy: Develop a streamlined, equitable and flexible grant application process for the expanded access to arts and culture grant program accessible to all Fresno arts and culturalcultural arts organizations. Strategy: Require programs seeking expanded access to arts and culture funding to report the number of individuals the project intends to serve and the demographics including Council Districts it intends to serve. Recommendation 1.3: Leverage and multiply expanded access to arts and culture funding by seeking additional sources of revenue. Strategy: Identify and apply for grant funding and sponsorships to expand local arts and culturalcultural arts events, programs, and assets: for example, the Challenge America and Our Town grants run by the National Endowment for the Arts (NEA). Commented [LW13]: This Recommendation 1.2 is a revision to Recommendation 2.3 in the 5/15/23 draft Cultural Arts Plan Commented [LW14]: This Recommendation 1.3 is a revision to Recommendation 2.4 in the 5/15/23 draft Cultural Arts Plan -45-   Recommendation 1.4: Collaborate with city departments and partners to address identified barriers and expand access to arts and culture. Strategy: Partner with Fresno County Social Services to promote arts and culturecultural arts programs and events. Strategy: Engage with the City of Fresno’s Disability Advisory Commission to seek input on expanding access to arts and culturecultural arts. Strategy: Partner with foundations and corporate sponsors to offer free and reduced museum admissions. Goal 2: STABILIZE, RESTORE & ACTIVATE Desired outcome: Arts and culturalCultural arts organizations and assets will be stabilized, restored and activated to expand access to arts and culture. Desired outcome: Provide all Fresno residents with access to a variety of arts and culturalcultural arts resources. Recommendation 2.1: Existing arts and culturalcultural arts assets should be maintained. Strategy: Invest in maintenance and conservation of the city of Fresno’s existing arts and culturalcultural arts assets. Recommendation 2.2: Develop opportunities for intergenerational engagement and family-centered access to arts and culturecultural arts, including museums, programs, and events citywide. Strategy: Provide funding opportunities to support more family-oriented arts and culturalcultural arts programs and events—for example, family discounts in organization pricing models. Strategy: Encourage collaboration between organizations with the same cultural traditions but audiences of different ages. Strategy: Make grant funding available for museums and exhibits tailored to the needs and interests of youth. Strategy: Prioritize investments to organizations that provide cross-cultural experiences for all ages to build understanding of traditions, practices and heritage. Strategy: Incentivize organizations to provide youth - and teen-focused programming. Strategy: Prioritize investments in cross-cultural and intergenerational programs that provide opportunities for preserving traditional arts. Commented [LW15]: This Recommendation 1.4 is a revision to Recommendation 2.6 in the 5/15/23 draft Cultural Arts Plan Commented [LW16]: New Goal 2 is a reorganization and revision to original Goal 1 in the 5/15/23 draft Cultural Arts Plan Commented [LW17]: This Recommendation 2.1 is a revision to Recommendation 1.1 in the 5/15/23 draft Cultural Arts Plan Commented [LW18]: This Recommendation 2.2 is a revision to Recommendation 1.2 in the 5/15/23 draft Cultural Arts Plan -46-   “It’s critical that youth in Fresno have access to robust arts and culture programs.” – Community Member Goal 3: EDUCATION & ORGANIZATIONAL DEVELOPMENT Desired Outcome: Expand access to a variety of arts and cultural education programs to provide educational opportunities for people of all ages. Desired Outcome: Equip artists, cultural practitioners and organizations with the skills and organizational resources to stabilize and expand operations. Recommendation 3.1: Offer capacity-building opportunities for existing and emerging organizations and artists. Strategy: Make funding available through an established grant program for emerging organizations and local artists to learn more about marketing, self- promotion, establishing a nonprofit, alternate funding sources and organizational best practices. Strategy: Allocate resources for technical assistance and economic development workshops to build the capacity of artists and grassroots organizations to create business plans, apply for grants and increase economic stability. Strategy: Incentivize long-standing organizations to share resources and best practices with emerging cultural groups. Strategy: Provide technical assistance for existing and emerging arts and culturalcultural arts organizations to help bring in additional resources to expand arts and culture. -47-   Recommendation 3.2: Partner with organizations to provide networking opportunities for local artists and cultural practitioners. Strategy: Invest grant funding and/or sponsorships to host professional development workshops throughout the year, focused on nonprofit leaders and individual artists. Workshops could also focus on funding sources, career opportunities and other areas for growth. Strategy: Incentivize collaboration across the arts and culture community with new and established organizations and programs. Strategy: Form an alliance of cultural organizations with a focus on inclusiveness and diversity in representation. Leaders across the arts, government and private sectors should focus on long-term community participation in the arts. "These opportunities would increase the viability of arts careers in Fresno and deepen connections between the Fresno arts community and learners of all ages." Recommendation 3.3: Invest in arts and culture education and preservation programs. Strategy: Support capacity building through grant programs for Fresno arts and cultural organizations that strengthen their ability to provide arts education. Strategy: Make grant funding available for paid internships, externships, fellowships, apprenticeships, and art residency programs. Strategy: Build partnerships with school districts to promote, support and provide continued educational arts and culture programs. Strategy: Develop funding opportunities for nonprofits to establish mentor- apprentice programs focused on the practice and preservation of a cultural art or tradition. Strategy: Provide job training, career development or both to youth, young adults and veterans, including education and/or certification for jobs within the arts. Strategy: Invest in arts and culture programs to educate the community on Fresno’s racial and cultural history and ensure that cultural awareness and dialogue remain a priority. Strategy: Seek additional grant funding to expand after-school arts programs and provide local artists and cultural practitioners teaching opportunities. Recommendation 3.4: Use data and metrics to identify and track students’ arts education and/or training experiences. Strategy: Track participation, demand, student success rates, and/or effectiveness of school- -48-   day and after-school arts programs as a means of identifying community needs. "These measures will establish public feedback as vital to all decisions made regarding arts and culture in Fresno." Goal 4: CELEBRATE & ENHANCE Desired Outcome: Elevate and celebrate arts and culture to strengthen a sense of community. Recommendation 4.1: Amplify and celebrate Fresno’s diversity through Cultural Arts Districts to increase awareness within the community, encourage new meeting places and attract visitors to the city. Strategy: Evaluate expanding the boundaries of the current Cultural Arts District to include areas long known for their public arts, such as the Fulton Street Mall. Adding more of Fresno’s street art into the district will boost its recognition and create a stronger cultural identity for the city as a whole. Strategy: Identify and support multiple Cultural Arts Districts throughout Fresno. Strategy: Seek state certification for the Cultural Arts Districts to increase recognition across the state and increase funding opportunities. Strategy: Develop a brand guidelines toolkit for artists, practitioners and venues in Fresno to incorporate in their marketing and spaces to highlight their place within the district to help further establish the brand identity of the Cultural Arts Districts. Strategy: Increase the presence of local art in the Cultural Arts Districts. Strategy: Invest in art attractions, signage, entry points and other creative ideas to highlight Fresno’s diversity. Strategy: Use ArtHop to highlight new installations, grassroots events and public artworks downtown. Support the Fresno Arts Council to tap into ArtHop’s audience to cross-promote events held throughout Fresno. Events such as Fresno LitHop or PorchFest can benefit from collaborative efforts to encourage community participation on a regular basis. This also will help expose community members to alternative forms of artwork. Commented [LW19]: The PRAC Arts Subcommittee agreed it was important to expand the focus of Recommendation 4.1 beyond the existing singular Cultural Arts District so that many diverse districts throughout the city with various rich cultural arts traditions reflecting varied heritages could be celebrated and supported as Cultural Arts Districts. -49-   Recommendation 4.2: Support and expand neighborhood placemaking citywide. Strategy: Encourage projects that engage the community, including youth and seniors, reflect or celebrate local heritage and culture, enliven the cityscape, and increase the availability of cultural resources in neighborhoods with fewer cultural assets. Strategy: Further establish citywide brand identities in arts and culture. Strategy: Make grant funding available for placemaking in public spaces. Strategy: Make grant funding available for public art installation projects, including murals, in public spaces. Recommendation 4.3: Incorporate arts, culture and creativity into the transportation system. Strategy: Encourage the Fresno Yosemite International Airport and FAX Transportation Department to continue to expand arts and cultural installations at their facilities. Strategy: Encourage and support projects that engage local artists and cultural practitioners. Recommendation 4.4: Embrace arts and culture as catalysts for shared traditions and new experiences. Strategy: Celebrate and recognize individuals, organizations and others who have made an impact in the cultural arts community annually. Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND Desired Outcome: Expand access to arts and culture by eliminating barriers and investing in innovation. “Provide dedicated city resources to act as a directory for museums, arts and cultural experiences.” Recommendation 5.1: Develop and maintain an online cultural arts information hub to increase awareness and address barriers to information. Strategy: Allocate resources to inventory existing arts and culturecultural arts event -50-   calendars, directories, maps and resources. Strategy: Allocate resources to inventory arts and culturecultural arts assets, organizations and destinations, including museums, art galleries, arts and culture- focused nonprofit organizations, media centers, theaters, artist studios, authors, musicians and other local creative professionals. Strategy: Make grant funding available for nonprofit organizations to assist with the development or enhancement of a cultural arts information hub to include the following: ● an arts and culturecultural arts asset map including, but not limited to, public art and sculptures ● a directory of local creative professionals, organizations, and establishments in the city ● a citywide calendar of events focused on arts and culturalcultural arts events ● grant opportunities ● educational and other job opportunities ● a resource-sharing platform Strategy: Allocate resources and staffing to maintain the online hub and engage the community and organizations in submitting arts and culturalcultural arts assets and events. Strategy: Cross-promote the online hub with partners such as schools, public libraries, senior centers and at community locations, including city-owned facilities. Strategy: Work with economic-development institutions and visitors bureaus to attract arts and culturecultural arts events and investments. Recommendation 5.2: Increase equitable access to information across all demographics. Strategy: Establish a grant program for nonprofit media organizations to provide arts and culture coverage through a multichannel strategy, including newspaper, radio, social media, etc. Strategy: Organizations with dedicated email lists, should be encouraged to further highlight community events, art installations and local artists. Recommendation 5.3: Address transportation barriers limiting access to arts and culture. Strategy: Make grant funding available to subsidize transportation costs to provide accessible options for residents to attend arts and culture activities and events. Recommendation 5.4: Prioritize projects and programs that improve accessibility for seniors and people with disabilities. Strategy: Invest in mobile arts and culture programs that bring arts and culture to seniors and people with limited mobility to expand access citywide. Strategy: Make grant funding available to provide accessibility services at arts and cultural cultural arts events such as American Sign Language interpreters, closed -51-   captioning, audio description, access ramps, dedicated spaces and more for people with mental and/or physical disabilities (e.g., accessibility seating and parking spaces). Recommendation 5.5: Support and encourage organizations and projects that promote mental health and well-being through arts and culturalcultural arts practices. Strategy: Prioritize arts and culturecultural arts programming with health and wellness co- benefits. Strategy: Make grant funding available to communicate and evaluate the positive impact arts and culturalcultural arts engagement can have on mental and physical wellness. Recommendation 5.6: Encourage consideration of public health in arts and culture programs and events. Strategy: Make grant funding available for arts and culturalcultural arts programming and events offered virtually. Strategy: Make grant funding available for personal protective equipment and otherpublic health precautionary measures, as appropriate (e.g., face masks, cooling measures, and hand sanitizer). Strategy: Activate outdoor spaces at night for arts and cultural events to combat extreme heat. Recommendation 5.7: Address safety concerns that limit access to arts and culture. Strategy: Make grant funding available for safety-related precautions and improvements at arts and culturalcultural arts institutions, events, programs, and activities to ensure residents feel safe and comfortable. Recommendation 5.8: Provide incentive programs to increase access to arts and culture. Strategy: Make grant funding available to subsidize or reduce admission fares for low- income households to attend arts and cultural events, programs, and activities. Strategy: Seek additional grant funding to offer reduced or no-cost arts and culturalcultural arts programming to low-income households. Strategy: Develop operating grant programs for organizations in need of funding dedicated specifically toward increasing overall accessibility of operations and programs. Strategy: Develop funding opportunities for small-scale arts organizations to expand their virtual offerings. Strategy: Make grant funding available for nonprofit organizations to provide no- or low-cost arts and culturecultural arts events and programs while prioritizing underserved communities. -52-   Strategy: Provide free parking during arts and culture cultural arts events. Recommendation 5.9: Address time barriers limiting access to arts and culture. Strategy: Make grant funding available to expand operating and programming hours to include participants of all ages. Strategy: Incentivize expanded operating hours to reach senior, youth, families and audiences at times that reduce participation barriers. Strategy: Make grant funding available for arts and culturalcultural arts programming and events offered virtually. Strategy: Make grant funding available for programs that partner with employers to expand access to arts and culture in the workplace. Strategy: Encourage organizations to evaluate operating hours using patron surveys, focus groups and listening sessions to expand access to arts and culture. Strategy: Invest in passive forms of arts and culture, including attractions, installations, etc. that are publicly accessible. Recommendation 5.10: Increase access to affordable theater, performance and studio spaces for artists and nonprofit organizations within Fresno. Strategy: Encourage property owners to rent spaces to smaller or emerging arts and culturecultural arts organizations at low or no cost. Strategy: Create grant opportunities that allow artists to receive funding for a physical studio space. GOAL 6: IMPLICATIONS FOR THE CITY MUNICIPAL INVESTMENTS AND POLICIES TO SUPPORT CULTURAL ARTS Desired Outcome: Establish a strong foundation to support and expand access to arts and culture through policy planning and municipal investment. “Involving cultural community leaders, organizations and artists in the government’s processes [...] will strengthen a relationship of trust and dialogue between the two parties.” Recommendation 6.1: Invest resources and staffing to adhere to the Commented [LW20]: New Goal 6 reflects a reorganization of many strategies and recommendations that appeared in Goal 2 of the 5/15/23 draft Cultural Arts Plan Commented [LW21]: This Recommendation 6.1 is a revision to Recommendation 2.2 in the 5/15/23 draft Cultural Arts Plan -53-   requirements of the Measure P Expenditure Plan outlined in the ordinance. Strategy: Expand arts and culturecultural arts programming as part of after- school, senior, recreation and community service programming offered through PARCS. Strategy: Coordinate expanded access to arts and culture through citywide and neighborhood-specific plans and policies. Recommendation 6.2: Existing arts and culturalcultural arts assets should be maintained. Strategy: Develop a policy and plan to restore city-owned arts and culturalcultural arts assets. Strategy: Invest in maintenance and conservation of existing city-owned arts and culturalcultural arts assets. Strategy: Make grant funding available for accessibility assessments, improvements and equipment. Strategy: Plan and implement safety improvements consistent with Parks Master Plan. Recommendation 6.3: PARCS department should collaborate across city departments to address transportation barriers. Strategy: Serve as a stakeholder throughout planning processes. Strategy: Explore opportunities to support grant applications that improve the transportation system. Strategy: Engage with the City of Fresno’s Bicycle and Pedestrian Advisory Committee to seek input on incorporating art within the active transportation network. Recommendation 6.4: Establish plans and policies to install art in all public places. Strategy: Develop process for identifying available locations for installation, maintenance, accessibility and other pertinent factors. Strategy: Incorporate arts and culture into FAX’s public transportation facilities, plans, design standards and operations. Strategy: Incorporate arts and culture into active transportation plans, design standards and facilities. Strategy: Convene a working group composed of PARCS staff, the City of Fresno’s departments and Fresno Arts Council to identify opportunities to incorporate arts and culture into city facilities, plans and operations. Strategy: Establish a public art policy to expand access to arts and culture in public spaces. Strategy: Establish a citywide mural policy. Recommendation 6.5: Encourage and incentivize urban development and Commented [LW22]: This Recommendation 6.2 is a revision to Recommendation 2.5 in the 5/15/23 draft Cultural Arts Plan Commented [LW23]: This Recommendation 6.3 is a revision to Recommendation 2.6 in the 5/15/23 draft Cultural Arts Plan Commented [LW24]: This Recommendation 6.4 is a revision to Recommendation 2.7 in the 5/15/23 draft Cultural Arts Plan Commented [LW25]: This Recommendation 6.5 is a revision to Recommendation 2.9 in the 5/15/23 draft Cultural Arts Plan -54-   redevelopment projects to incorporate Fresno’s arts and culturalcultural arts sector. Strategy: Hold listening sessions with developers to identify potential barriers to expanding access to arts and culture through urban development and redevelopment projects. Strategy: Convene a working group composed of representatives from the City of Fresno Planning and Development Department, PARCS Department and other relevant departments to discuss and identify potential incentives to address identified barriers. Strategy: Ensure urban development plans encourage and incentivize redevelopment of live-work spaces, art galleries and creative spaces that will house and provide space for active local artists. Strategy: Develop a policy for arts and culturalcultural arts sponsorships, donations and additional sources of revenue. Strategy: Incentivize the adoption of artwork in high-traffic spaces, such as medical buildings, schools and businesses, to increase the presence of art throughout the city. Recommendation 6.6: Incorporate climate-resilient design in city-owned facilities. Strategy: Collaborate with Public Works Department to assess existing design standards for climate adaptation, including design standards for shade structures, trees, etc. Recommendation 6.7: Evaluate PARCS operations to identify ways to expand access to arts and culture. Strategy: Update and promote PARCS online reservation system and website and facilitate reservations for indoor and outdoor rental spaces as an affordable option to host arts and culturecultural arts gatherings. Strategy: Ensure the City of Fresno's Master Fee Schedule continues to identify fee reductions for nonprofit arts and culturalcultural arts organizations. Strategy: Evaluate the benefits and fiscal impacts of setting aside a period of time when local arts and culturecultural arts organizations, schools and emerging performance groups can access city-owned rehearsal and performance spaces at a lower cost. Strategy: Evaluate the benefits and fiscal impact of providing government subsidies, grants and waivers to help local organizations access city-owned and privately owned theater or performance spaces. Strategy: Evaluate the special event permit process to identify barriers for organizations to hold special events in Fresno, especially for small and emerging organizations. Strategy: Explore opportunities to provide letters of support for public safety grants. Strategy: Collaborate with Public Works Department to evaluate existing citywide Commented [LW26]: This Recommendation 6.6 is a revision to Recommendation 2.10 in the 5/15/23 draft Cultural Arts Plan Commented [LW27]: This Recommendation 6.7 is a revision to Recommendation 2.11 in the 5/15/23 draft Cultural Arts Plan -55-   lighting standards. Strategy: Work with the City of Fresno Economic Development Department to assess affordable studio spaces for artists and identify unoccupied or underutilized spaces in buildings across Fresno. Evaluate the feasibility of transforming identified locations into subsidized studio spaces for artists and cultural practitioners. Strategy: Collaborate with the City of Fresno Economic Development Department to further promote the rental of city-owned facilities by arts and culture organizations. GRANT FUNDING PRIORITIES The following grant funding priorities shall help to guide the investment over time in achieving the visions and goals of the Cultural Arts Plan. Goal 1: GRANT-MAKING & COMMUNITY ENGAGEMENT Strategy: In partnership with the Fresno Parks, Recreation and Arts Commission, implement an annual grants process to invest in competitive grants for nonprofit organizations that support and expand access to arts and cultural programming. (1.1) Strategy: Develop and fund grant programs for core operating and project-support grants, including the requirements for eligibility. Development of these programs will require ongoing community outreach and input to build upon the foundational research and key findings from this cultural arts plan. (1.2) Strategy: Adhere to SEC. 7-1506 (b)(4)(E) of the ordinance which states "Grants funded pursuant to subparagraph (B) shall prioritize organizations and programs that support and expand diverse public or youth engagement and equity." (1.2) Strategy: Make funding available for an independent evaluator to evaluate outcomes and investments to ensure transparency. (1.2) Goal 2: STABILIZE, RESTORE & ACTIVATE Strategy: Invest in maintenance and conservation of the city of Fresno’s existing arts and culturalcultural arts assets. (2.1) Strategy: Provide funding opportunities to support more family-oriented arts and culturalcultural arts programs and events—for example, family discounts in organization pricing models. (2.2) Strategy: Encourage collaboration between organizations with the same cultural traditions but audiences of different ages. (2.2) Strategy: Make grant funding available for museums and exhibits tailored to the needs and interests of youth. (2.2) Strategy: Prioritize investments to organizations that provide cross-cultural experiences for all ages to build understanding of traditions, practices and heritage. (2.2) Formatted: Font: 11 pt, Not Bold Commented [AM28]: Description or rationale for this sections and how it's organized? Formatted: Font: 11 pt Commented [LW29R28]: This new section of the Cultural Arts Plan helps to guide the connection between the Vision and Goals set forth in Goals 1 through 6, hereinabove, and the Measure P cultural arts grantmaking process reflected in the City of Fresno municipal ordinance Formatted: Font: Not Bold -56-   Strategy: Incentivize organizations to provide youth- and teen-focused programming. (2.2) Strategy: Prioritize investments in cross-cultural and intergenerational programs that provide opportunities for preserving traditional arts. (2.2) Goal 3: EDUCATION & ORGANIZATIONAL DEVELOPMENT Strategy: Make funding available through an established tiered grant program for emerging organizations and local artists to learn more about marketing, self- promotion, establishing a nonprofit, alternate funding sources and organizational best practices. (3.1) Strategy: Allocate resources for technical assistance and economic development workshops to build the capacity of artists and grassroots organizations to create business plans, apply for grants and increase economic stability. (3.1) Strategy: Incentivize long-standing organizations to share resources and best practices with emerging cultural groups. (3.1) Strategy: Provide technical assistance for existing and emerging arts and culturalcultural arts organizations to help bring in additional resources to expand arts and culture. (3.1) Strategy: Invest grant funding and/or sponsorships to host professional development workshops throughout the year, focused on nonprofit leaders and individual artists. Workshops could also focus on funding sources, career opportunities and other areas for growth. Strategy: Support capacity building through grant programs for Fresno arts and cultural cultural arts organizations that strengthen their ability to provide arts education. (3.3) Strategy: Make grant funding available for paid internships, externships, fellowships, apprenticeships and art residency programs. (3.3) Strategy: Develop funding opportunities for nonprofits to establish mentor- apprentice programs focused on the practice and preservation of a cultural art or tradition. (3.3) Strategy: Provide job training, career development or both to youth, young adults and veterans, including education and/or certification for jobs within the arts. (3.3) Strategy: Invest in arts and culturecultural arts programs to educate the community on Fresno’s racial and cultural history and ensure that cultural awareness and dialogue remain a priority. (3.3) Strategy: Seek additional grant funding to expand after-school arts programs and provide local artists and cultural practitioners teaching opportunities. (3.3) Goal 4: CELEBRATE & ENHANCE Strategy: Encourage projects that engage the community, including youth and seniors, reflect or celebrate local heritage and culture, enliven the cityscape, and increase the availability of cultural resources in neighborhoods with fewer cultural assets. (4.2) Strategy: Make grant funding available for placemaking in public spaces. (4.2) -57-   Strategy: Make grant funding available for public art installation projects, including murals, in public spaces. (4.2) Strategy: Encourage and support transportation projects that engage local artists and cultural practitioners. (4.3) Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND Strategy: Allocate resources to inventory existing arts and culture cultural arts event calendars, directories, maps and resources. (5.1) Strategy: Allocate resources to inventory arts and culturecultural arts assets, organizations and destinations, including museums, art galleries, arts and culture- focused nonprofit organizations, media centers, theaters, artist studios, authors, musicians and other local creative professionals. (5.1) Strategy: Make grant funding available for nonprofit organizations to assist with the development or enhancement of a cultural arts information hub to include the following (5.1):  an arts and culturecultural arts asset map including, but not limited to, public art and sculptures  a directory of local creative professionals, organizations and establishments in the city ● a citywide calendar of events focused on arts and culturalcultural arts events ● grant opportunities ● educational and other job opportunities ● a resource-sharing platform Strategy: Allocate resources and staffing to maintain the online hub and engage the community and organizations in submitting arts and culturalcultural arts assets and events. (5.1) Strategy: Establish a grant program for nonprofit media organizations to provide arts and culture coverage through a multichannel strategy, including newspaper, radio, social media, etc. (5.2) Strategy: Make grant funding available to subsidize transportation costs to provide accessible options for residents to attend arts and culture activities and events. (5.3) Strategy: Invest in mobile arts and culturecultural arts programs that bring arts and culture to seniors and people with limited mobility to expand access citywide. (5.4) Strategy: Make grant funding available to provide accessibility services at arts and culturalcultural arts events such as American Sign Language interpreters, closed captioning, audio description, access ramps, dedicated spaces and more for people with mental and/or physical disabilities (e.g., accessibility seating and parking spaces). (5.4) Strategy: Prioritize arts and culturecultural arts programming with health and wellness co-benefits. (5.5) Strategy: Make grant funding available to communicate and evaluate the positive impact arts and cultural engagement can have on mental and physical wellness. (5.5) -58-   Strategy: Make grant funding available for arts and culturalcultural arts programming and events offered virtually. (5.6) Strategy: Make grant funding available for personal protective equipment and other precautionary measures (e.g., face masks and hand sanitizer). (5.6) Strategy: Make grant funding available to subsidize or reduce admission fares for low- income households to attend arts and culturalcultural arts events, programs and activities. (5.8) Strategy: Develop operating grant programs for organizations in need of funding dedicated specifically toward increasing overall accessibility of operations and programs. (5.8) Strategy: Develop funding opportunities for small-scale arts organizations to expand their virtual offerings. (5.8) Strategy: Make grant funding available for nonprofit organizations to provide no- or low-cost arts and culturecultural arts events and programs while prioritizing underserved communities. (5.8) Strategy: Make grant funding available to expand operating and programming hours to include participants of all ages. (5.9) Strategy: Incentivize expanded operating hours to reach senior, youth, families and audiences at times that reduce participation barriers. (5.9) Strategy: Make grant funding available for safety-related precautions and improvements at arts and culturalcultural arts institutions, events, programs and activities to ensure residents feel safe and comfortable. (5.7) Strategy: Make grant funding available for programs that partner with employers to expand access to arts and culture in the workplace. (5.9) Strategy: Encourage organizations to evaluate operating hours using patron surveys, focus groups and listening sessions to expand access to arts and culture. (5.9) Strategy: Invest in passive forms of arts and culture, including attractions, installations, etc. that are publicly accessible. (5.9) Strategy: Create grant opportunities that allow artists to receive funding for a physical studio space. (5.10) Vision and Goals The cultural arts planning process inspired an aspirational, ambitious and achievable vision for the future. Vision: Arts and culture in Fresno will be recognized, prioritized, inclusive, accessible, and continue to reflect, celebrate and connect the community. This vision will be realized by focusing efforts around five goals. Developed on the basis of key findings, these goals can be realized through the implementation of 32 recommendations accompanied by actionable strategies designed to energize, invest in and elevate Fresno’s arts and cultural environment. There is no specific funding allocated for each goal and associated recommendation, and the recommendations may require additional entitlement and CEQA (California Environmental Quality Act) processes. The Commented [AM30]: These sections show up as strikes out because they were reorganized. All original language is included in Vision and Goals above, and changes are identified via track changes. -59-   following goals establish desired outcomes: Goal 1: STABILIZE, RESTORE & ACTIVATE Goal 2: POLICY, PLANNING & MUNICIPAL INVESTMENT Goal 3: EDUCATION & DEVELOPMENT Goal 4: CELEBRATE & ENHANCE Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND -60-   Priority Recommendations & Strategies The following recommendations identify priority investments to achieve the goals. Goal 1: STABILIZE, RESTORE & ACTIVATE Desired outcome: Arts and cultural organizations and assets will be stabilized, restored and activated to expand access to arts and culture. Desired outcome: Provide all Fresno residents with access to a variety of arts and cultural resources. Recommendation 1.1: Existing arts and cultural assets should be maintained. Strategy: Invest in maintenance and conservation of Fresno’s existing arts and cultural assets in the City of Fresno. Strategy: Invest in conservation of existing city-owned and non-city-owned cultural assets. Strategy: Make grant funding available for accessibility assessments, improvements and equipment. Strategy: Plan and implement safety improvements consistent with Parks Master Plan. Recommendation 1.2: Develop opportunities for intergenerational engagement and family-centered access to arts and culture, including museums, programs and events citywide. Strategy: Provide funding opportunities to support more family-oriented arts and cultural programs and events—for example, family discounts in organization pricing models. Strategy: Encourage collaboration between organizations with the same cultural traditions but audiences of different ages. Strategy: Make grant funding available for museums and exhibits tailored to the needs and interests of youth. Strategy: Prioritize investments to organizations that provide cross-cultural experiences for all ages to build understanding of traditions, practices and heritage. Strategy: Incentivize organizations to provide youth- and teen-focused programming. Strategy: Prioritize investments in cross-cultural and intergenerational programs that provide opportunities for preserving traditional arts. -61-   “It’s critical that youth in Fresno have access to robust arts and culture programs.” – Community Member Goal 2: POLICY, PLANNING & MUNICIPAL INVESTMENT Desired outcome: Establish a strong foundation to support and expand access to arts and culture through policy planning and municipal investment. “Involving cultural community leaders, organizations and artists in the government’s processes [...] will strengthen a relationship of trust and dialogue between the two parties.” Recommendation 2.1: Establish a division within the PARCS department dedicated to expanding citywide arts and culture as part of the City of Fresno’s organizational structure. Strategy: Act as the liaison to the Fresno Parks, Recreation and Arts Commission, city departments, Fresno Arts Council, local arts and culture organizations, and artists and cultural practitioners. Strategy: Create a process to track implementation data and evaluate performance to achieve cultural arts plan goals. Strategy: Update expanded access to arts and culture grant program guidelines annually, including community engagement. Strategy: Develop a policy for arts and cultural sponsorships, donations and additional sources of revenue. Strategy: Update cultural arts plan every five years, including addressing shifts in needs for Fresno’s arts and cultural scene. Strategy: Ensure arts and culture information is made available in languages as requested. Strategy: Ensure all materials are provided and communicated in Americans with Disabilities Act (ADA) accessible formats. Strategy: Ensure information is provided for age-specific audiences. For example, identify programming intended for children and seniors. -62-   Strategy: Ensure accessibility services at arts and cultural events such as American Sign Language interpreters, closed captioning, audio description, access ramps, dedicated spaces and more for people with mental and/or physical disabilities (e.g., accessibility seating and parking spaces). Recommendation 2.2: Invest resources and staffing to adhere to the requirements of the Measure P Expenditure Plan outlined in the ordinance. Strategy: Expand arts and culture programming as part of after-school, senior, recreation and community service programming offered through PARCS. Strategy: Coordinate expanded access to arts and culture through citywide and neighborhood-specific plans and policies. Recommendation 2.3: Develop the expanded access to arts and culture grant program guidelines to ensure a transparent and competitive process consistent with the ordinance requirements, including regular evaluation and review. Strategy: Develop a tiered grant system for core operating and project-support grants, including the requirements for eligibility. Development of these tiers will require ongoing community outreach and input to build upon the foundational research and key findings from this cultural arts plan. Strategy: Manage expanded access to arts and culture grant solicitations and ensure all grantees provide timely project delivery, reporting, funding and invoicing. Strategy: Facilitate community engagement process to ensure community voices are heard for annual development of grant programs. Strategy: Make grant funding available for an independent evaluator to evaluate outcomes and investments to ensure transparency. Strategy: Include evaluation and key performance indicators in grant agreements. Strategy: Develop a streamlined, equitable and flexible grant application process for the expanded access to arts and culture grant program accessible to all Fresno arts and cultural organizations. Recommendation 2.4: Leverage and multiply expanded access to arts and culture funding by seeking additional sources of revenue. Strategy: Identify and apply for grant funding and sponsorships to expand local arts and cultural events, programs, and assets: for example, the Challenge America and Our Town grants run by the National Endowment for the Arts (NEA). -63-   Recommendation 2.5: Existing arts and cultural assets should be maintained. Strategy: Make grant funding available to develop a policy and plan to restore city- owned arts and cultural assets. Recommendation 2.6: PARCS department should collaborate across city departments to address transportation barriers. Strategy: Serve as a stakeholder throughout planning processes. Strategy: Explore opportunities to support grant applications that improve the transportation system. Strategy: Engage with the City of Fresno’s Bicycle and Pedestrian Advisory Committee to seek input on incorporating art within the active transportation network. Recommendation 2.7: Establish plans and policies to install art in all public places. Strategy: Develop process for identifying available locations for installation, artist selection, maintenance, accessibility and other pertinent factors. Strategy: Incorporate arts and culture into FAX’s public transportation facilities, plans, design standards and operations. Strategy: Incorporate arts and culture into active transportation plans, design standards and facilities. Strategy: Convene a working group composed of PARCS staff, the City of Fresno’s departments and Fresno Arts Council to identify opportunities to incorporate arts and culture into city facilities, plans and operations. Strategy: Establish a public art policy to expand access to arts and culture in public spaces. Strategy: Establish a citywide mural policy. Recommendation 2.8: Amplify and celebrate Fresno’s Cultural Arts District to increase awareness within the community, encourage new meeting places and attract visitors to the city. Strategy: Evaluate expanding the boundaries of the current Cultural Arts District to include areas long known for their public arts, such as the Fulton Street Mall. Adding more of Fresno’s street art into the district will boost its recognition and create a stronger cultural identity for the city as a whole. Strategy: Seek state certification for the Cultural Arts District to increase recognition across the state and increase funding opportunities. -64-   Recommendation 2.9: Encourage and incentivize urban development and redevelopment projects to incorporate Fresno’s arts and cultural sector. Strategy: Hold listening sessions with developers to identify potential barriers to expanding access to arts and culture through urban development and redevelopment projects. Strategy: Convene a working group composed of representatives from the City of Fresno Planning and Development Department, PARCS Department and other relevant departments to discuss and identify potential incentives to address identified barriers. Strategy: Ensure urban development plans encourage and incentivize redevelopment of live-work spaces, art galleries and creative spaces that will house and provide space for active local artists. Recommendation 2.10: Incorporate climate-resilient design in city-owned facilities. Strategy: Collaborate with Public Works Department to assess existing design standards for climate adaptation, including design standards for shade structures, trees, etc. Recommendation 2.11: Evaluate PARCS operations to identify ways to expand access to arts and culture. Strategy: Update and promote PARCS online reservation system and website and facilitate reservations for indoor and outdoor rental spaces as an affordable option to host arts and culture gatherings. Strategy: Ensure the City of Fresno's Master Fee Schedule continues to identify fee reductions for nonprofit arts and cultural organizations. Strategy: Evaluate the benefits and fiscal impacts of setting aside a period of time when local arts and culture organizations, schools and emerging performance groups can access city-owned rehearsal and performance spaces at a lower cost. Strategy: Evaluate the benefits and fiscal impact of providing government subsidies, grants and waivers to help local organizations access city-owned and privately owned theater or performance spaces. Strategy: Evaluate the special event permit process to identify barriers for organizations to hold special events in Fresno, especially for small and emerging organizations. Recommendation 2.12: PARCS department should collaborate with other city departments and partners to address identified barriers and expand access to arts and culture. Strategy: Partner with Fresno County Social Services to promote arts and culture programs and events. -65- Strategy: Cross-promote the online hub with partners such as schools, public libraries, senior centers and at community locations, including city-owned facilities. Strategy: Engage with the City of Fresno’s Disability Advisory Commission to seek input on expanding access to arts and culture. Strategy: Explore opportunities to provide letters of support for public safety grants. Strategy: Partner with foundations and corporate sponsors to offer free and reduced museum admissions. Strategy: Collaborate with Public Works Department to evaluate existing citywide lighting standards. Strategy: Work with the City of Fresno Economic Development Department to assess affordable studio spaces for artists and identify unoccupied or underutilized spaces in buildings across Fresno. Evaluate the feasibility of transforming identified locations into subsidized studio spaces for artists and cultural practitioners. Strategy: Collaborate with the City of Fresno Economic Development Department to further promote the rental of city-owned facilities by arts and culture organizations. Goal 3: EDUCATION & DEVELOPMENT Desired Outcome: Expand access to a variety of arts and cultural education programs to provide educational opportunities for people of all ages. Desired Outcome: Equip artists, cultural practitioners and organizations with the skills and organizational resources to stabilize and expand operations. Recommendation 3.1: Offer capacity-building opportunities for existing and emerging organizations and artists. Strategy: Make funding available through an established tiered grant program for emerging organizations and local artists to learn more about marketing, self- promotion, establishing a nonprofit, alternate funding sources and organizational best practices. Strategy: Allocate resources for technical assistance and economic development workshops to build the capacity of artists and grassroots organizations to create business plans, apply for grants and increase economic stability. Leverage partnership with the Fresno Arts Council in creating these workshops. Strategy: Incentivize long-standing organizations to share resources and best practices with emerging cultural groups. Strategy: Provide technical assistance for existing and emerging arts and cultural organizations to help bring in additional resources to expand arts and culture. -66-   Strategy: Empower the Fresno Arts Council and partnership organizations to continue fostering partnerships within the arts community. Recommendation 3.2: Partner with organizations to provide networking opportunities for local artists and cultural practitioners. Strategy: Seek grant funding and/or sponsorships to host professional development workshops throughout the year, focused on nonprofit leaders and individual artists. Workshops could also focus on funding sources, career opportunities and other areas for growth. Strategy: Increase the Fresno Arts Council’s administrative capacity in order to facilitate developmental workshops. The Fresno Arts Council can then pursue state- level grants to host additional workshops throughout the year, focused on nonprofit leaders and individual artists. The content of these workshops should focus on self- promotion, funding sources, career opportunities and other areas for growth. Strategy: Incentivize collaboration across the arts and culture community with new and established organizations and programs. Strategy: Form an alliance of cultural organizations with a focus on inclusiveness and diversity in representation. Leaders across the arts, government and private sectors should form a new professional society focused on long-term community participation in the arts. "These opportunities would increase the viability of arts careers in Fresno and deepen connections between the Fresno arts community and learners of all ages." Recommendation 3.3: Invest in arts and culture education and preservation programs. Strategy: Invest and support capacity building through an established tiered grant program for Fresno arts and cultural organizations that strengthens their ability to provide arts education. Strategy: Make grant funding available for paid internships, externships, fellowships, apprenticeships and art residency programs. Strategy: Build partnerships with school districts to promote, support and provide continued educational arts and culture programs. Strategy: Develop funding opportunities for nonprofits to establish mentor- apprentice programs focused on the practice and preservation of a cultural art or tradition. Strategy: Provide job training, career development or both to youth, young adults and veterans, including education and/or certification for jobs within the arts. -67-   Strategy: Invest in arts and culture programs to educate the community on Fresno’s racial and cultural history and ensure that cultural awareness and dialogue remain a priority. Strategy: Seek additional grant funding to expand after-school arts programs and provide local artists and cultural practitioners teaching opportunities. Recommendation 3.4: Use data and metrics to identify and track students’ arts education and training experiences. Strategy: Require programs seeking expanded access to arts and culture funding to report the number of individuals the project intends to serve and the demographics it intends to serve. Strategy: Track participation, demand, student success rates, and effectiveness of school-day and after-school programs. Ask program leads to report on feedback received and any unexpected issues that arose with their project and what could be done to achieve future improvements. "These measures will establish public feedback as vital to all decisions made regarding arts and culture in Fresno." Goal 4: CELEBRATE & ENHANCE Desired Outcome: Elevate and celebrate arts and culture to strengthen a sense of community. Recommendation 4.1: Amplify and celebrate Fresno’s Cultural Arts District to increase awareness within the community, encourage new meeting places and attract visitors to the city. Strategy: Develop a brand guidelines toolkit for artists, practitioners and venues in downtown Fresno to incorporate in their marketing and spaces to highlight their place within the district to help further establish the brand identity of the Cultural Arts District. Strategy: Increase the presence of local art in the Cultural Arts District. -68-   Strategy: Use ArtHop to highlight new installations, grassroots events and public artworks downtown. Support the Fresno Arts Council to tap into ArtHop’s audience to cross-promote events held throughout Fresno. Events such as Fresno LitHop or PorchFest can benefit from collaborative efforts to encourage community participation on a regular basis. This also will help expose community members to alternative forms of artwork. Recommendation 4.2: Support and expand neighborhood placemaking citywide. Strategy: Encourage projects that engage the community, including youth and seniors, reflect or celebrate local heritage and culture, enliven the cityscape, and increase the availability of cultural resources in neighborhoods with fewer cultural assets. Strategy: Invest in art attractions, signage, entry points and other creative ideas to highlight Fresno’s diversity. Strategy: Incentivize the adoption of artwork in high-traffic spaces, such as medical buildings, schools and businesses, to increase the presence of art throughout the city. Strategy: Make grant funding available for public art installation projects, including murals, in public spaces. Strategy: Further establish citywide brand identities in arts and culture. Strategy: Revitalize the current system of Fresno City Hall art installations. Recommendation 4.3: Incorporate arts, culture and creativity into the transportation system. Strategy: Encourage the Fresno Yosemite International Airport and FAX Transportation Department to continue to expand arts and cultural installations at their facilities. Strategy: Make grant funding available for placemaking in public spaces. Strategy: Encourage and support projects that engage local artists and cultural practitioners. Recommendation 4.4: Embrace arts and culture as catalysts for shared traditions and new experiences. Strategy: Make grant funding available for an annual citywide event to celebrate and recognize individuals, organizations and others who have made an impact in the cultural arts community. -69-   Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND Desired Outcome: Expand access to arts and culture by eliminating barriers and investing in innovation. “Provide dedicated city resources to act as a directory for museums, arts and cultural experiences.” Recommendation 5.1: Develop and maintain an online cultural arts information hub to increase awareness and address barriers to information. Strategy: Allocate resources to inventory existing arts and culture event calendars, directories, maps and resources. Strategy: Allocate resources to inventory arts and culture assets, organizations and destinations, including museums, art galleries, arts and culture-focused nonprofit organizations, media centers, theaters, artist studios, authors, musicians and other local creative professionals. Strategy: Make grant funding available for nonprofit organizations to assist with the development or enhancement of a cultural arts information hub to include the following: ● an arts and culture asset map including, but not limited to, public art and sculptures ● a directory of local creative professionals, organizations and establishments in the city ● a citywide calendar of events focused on arts and cultural events ● grant opportunities ● educational and other job opportunities ● a resource-sharing platform Strategy: Allocate resources and staffing to maintain the online hub and engage the community and organizations in submitting arts and cultural assets and events. Strategy: Work with economic-development institutions and visitors bureaus to attract arts and culture events and investments. -70- Recommendation 5.2: Increase equitable access to information across all demographics. Strategy: Establish a grant program for nonprofit media organizations to provide arts and culture coverage through a multichannel strategy, including newspaper, radio, social media, etc. Strategy: Organizations with dedicated email lists, such as the Fresno Arts Council, should be encouraged to further highlight community events, art installations and local artists. Recommendation 5.3: Address transportation barriers limiting access to arts and culture. Strategy: Make grant funding available to subsidize transit fares to provide accessible options for residents to attend arts and culture activities and events. Recommendation 5.4: Prioritize projects and programs that improve accessibility for seniors and people with disabilities. Strategy: Invest in mobile arts and culture programs that bring arts and culture to seniors and people with limited mobility to expand access citywide. Recommendation 5.5: Support and encourage organizations and projects that promote mental health and well-being through arts and cultural practices. Strategy: Prioritize arts and culture programming with health and wellness co- benefits. Strategy: Make grant funding available to communicate and evaluate the positive impact arts and cultural engagement can have on mental and physical wellness. Recommendation 5.6: Encourage consideration of public health in arts and culture programs and events. Strategy: Make grant funding available for arts and cultural programming and events offered virtually. Strategy: Make grant funding available for personal protective equipment and other precautionary measures (e.g., face masks and hand sanitizer). Strategy: Activate outdoor spaces at night for arts and cultural events to combat extreme heat. -71-   Recommendation 5.7: Address safety concerns that limit access to arts and culture. Strategy: Make grant funding available for safety-related precautions and improvements at arts and cultural institutions, events, programs and activities to ensure residents feel safe and comfortable. Recommendation 5.8: Provide incentive programs to increase access to arts and culture. Strategy: Make grant funding available to subsidize or reduce admission fares and parking for low-income households to attend arts and cultural events, programs and activities. Strategy: Seek additional grant funding to offer reduced or no-cost arts and cultural programming to low-income households. Strategy: Develop operating grant programs for organizations in need of funding dedicated specifically toward increasing overall accessibility of operations and programs. Strategy: Develop funding opportunities for small-scale arts organizations to expand their virtual offerings. Strategy: Make grant funding available for nonprofit organizations to provide no- or low-cost arts and culture events and programs while prioritizing underserved communities. Recommendation 5.9: Address time barriers limiting access to arts and culture. Strategy: Make grant funding available to expand operating and programming hours to include participants of all ages. Strategy: Incentivize expanded operating hours to reach senior, youth, families and audiences at times that reduce participation barriers. Strategy: Make grant funding available for arts and cultural programming and events offered virtually. Strategy: Make grant funding available for programs that partner with employers to expand access to arts and culture in the workplace. Strategy: Encourage organizations to evaluate operating hours using patron surveys, focus groups and listening sessions to expand access to arts and culture. Strategy: Invest in passive forms of arts and culture, including attractions, installations, etc. that are publicly accessible. Recommendation 5.10: Increase access to affordable theater, performance and studio spaces for artists and nonprofit organizations within Fresno. Strategy: Incentivize organizations to rent spaces to smaller or emerging arts and culture organizations at low or no cost. -72-   Strategy: Create grant opportunities that allow artists to receive funding for a physical studio space. “Subsidize local groups so that they can have access to quality venues.” OR “We should not be charging local [organizations] the same [rates] as Broadway shows.” -73-   Implementation This cultural arts plan distills 312 recommendations under fivesix primary goals to be implemented through short-, mid- and long-term milestones to account for resources that need to be established and evaluated over the coming years. Being as effective as possible with the resources and timing of each recommendation is critical to the success of this implementation, in addition to opportunities for ongoing community engagement. An implementation tracker evaluation methodologytool shall be used for the grant program once formally established. This tracker evaluation methodologytool will monitor implementation progress and provide visibility to the public to see when milestones are achieved. Short-term ● Allocate resources including grant funding to inventory existing arts and culturecultural arts organizations, assets, directories and calendars. ● Share information and updates on implementation progress across social media and other communication outlets. ● Launch full-scale arts and culturecultural arts online events calendar, informational hub and resource-sharing platform. Updates should include a list of recurring as well as new arts and culturecultural arts events (e.g., gatherings held in parks, offered through libraries, co- sponsored by local businesses, revealing public art installations) and useful resources (e.g., grant criteria, media toolkits). ● Identify opportunities for ongoing community engagement throughout the implementation period. ● Evaluate the current state of local arts residency programs, fellowships, internships, externships and related school programming. ● Begin widespread messaging around the physical and mental wellness benefits of engaging with arts and culture, in conjunction with the presentation and implementation of this plan. ● Establish a division within the PARCS department dedicated toUtilize the city’s designated arts agency, the Fresno Arts Council or its successor local arts agency, to expand citywide arts and culture as part of the City of Fresno’s organizational structure toand act as liaison to the Parks, Recreation, and Arts Commission, among city representativesCity of Fresno Departments, arts and cultural organizations and the greater Fresno community. ● Develop a grant system complete with processes for community input, implementation timelines, recipient selection criteria and evaluation methodology. ● Evaluate the current state of accessibility in Fresno's arts and culturecultural arts scene and Commented [LW31]: The PRAC Arts Subcommittee has reorganized implementation items which are the responsibility of the City of Fresno Commented [LC32]: Moved to Midterm Commented [LW33]: Moved to the City of Fresno implementation section -74- begin providing necessary support (financial or otherwise) for making improvements. Pursue official state certification (and associated benefits) for Fresno’s Cultural Arts Districts to increase awareness within the community, encourage new meeting places and attract visitors to the city. ● ● Mid-term ●Continue to share information and updates on implementation progress across social media and other communication outlets. ●Maintain and update cultural asset and public art mapping across the city as the arts and culturecultural arts scene evolves from year to year. ●Evaluate the grant program using the predetermined metrics and measures, and adjust the program as necessary. ●Develop necessary partnerships among the City of Fresno, school districts, arts organizations, etc., to solidify an expansive arts education network and consistent professional development opportunities (internships, residencies, etc.). ●Direct resources to amplify and celebrate Fresno’s Cultural Arts Districts to increase awareness within the community, encourage new meeting places and attract visitors to the city. ●Evaluate the current state of local arts residency programs, fellowships, internships, externships and related school programming. Long-term ●Assess the value and strength of the arts and culturecultural arts online events calendar, informational hub and resource-sharing platform. Take steps to feature the repository and its tools as a central access point for the entire arts and culture community. ●Undertake maintenance and refinement of the cultural asset and public art mapping effort across the city as the arts and culturecultural atys scene evolves from year to year. ●Continue to share information and updates on implementation progress across social media and other communication outlets. ●Ensure the availability of well-paying, meaningful internship and externship opportunities in the arts and culturalcultural arts scene. -75-   ● Update the tiered grant system based on evaluation of successes over the previous grant cycles. Overarching goals in this period should be to have a regular reporting mechanism in place to provide updates on grants issued to date, recorded achievements of grantees, and upcoming objectives based on emerging needs of the greater arts and culture community. ● Ensure aggregate grant reporting during this period to track how the system has cultivated and advanced in the following areas, including but not limited to: cross- organizational partnerships; workspace studio availability, residencies and educational opportunities for cultural practitioners; supporting established and long-standing institutions; empowering entities looking to serve marginalized communities; health and wellness initiatives connected to arts and culture; and intergenerational exchange. -76-   City of Fresno Implementation Priorities ● Plan and implement improvements consistent with the Parks Master Plan, investing in the maintenance and restoration of city- and non-city-owned assets. ● Begin inventorying all citywide plans to explore adding arts and culture components. ● Expand access to information about city resources (e.g., PARCS guidelines for public areas, spaces available for use). ● Evaluate the current state of accessibility in Fresno's cultural arts scene and begin providing necessary support (financial or otherwise) for making improvements. ● ● Convene a working group of city representatives and developers to identify opportunities of expanding access to arts and culture through urban development and redevelopment projects, as well as through improvements to transportation options. ● Establish a reporting mechanism at meetings between city officials, PARCS staff and/or developers to collaboratively advance reporting on the extent to which arts and culture initiatives are incorporated into citywide and neighborhood-specific plans. Conclusion Fresno has a lot to look forward to. The city stands upon a diverse cultural foundation, and local residents are determined to take their community to new heights. The collective enthusiasm they showed in surveys, interviews and community meetings is a sign they are ready to fulfill Fresno’s potential. Measure P is key to expanding access to arts and culture in Fresno. Its directive is clear: Identify the arts and culturalcultural arts community’s needs; prioritize outcomes and investments; and develop a vision and goals for programming that reflects Fresno’s cultural, demographic and geographic diversity. The plan, with these findings and recommendations, shall inform the expanded access to arts and culturecultural arts grant programs. Although Measure P is a tremendous step in expanding access to arts and culture for Fresnans, additional funding will be needed to implement all of the strategies outlined in this plan. The strategies and recommendations laid out in these pages are intended to be acted upon over the next five years andto ensure the community’s vision is achieved. Several of the strategies and recommendations identified in the plan will require the City of Fresno, or other organizations, to identify funding sources as well as complete appropriate Formatted: Heading 1, Line spacing: Multiple 1.08 li -77-   entitlement and CEQA processes before implementation. With this plan’s guidance and the fresh perspectives it inspires, residents can create the city they have dreamed of: a bustling, thriving artistic center, accessible to everyone. -78- Appendix A: Measure P Ordinance ●PDF version ●Online version -79- Appendix B: Cultural Planning Process Foundational research ●Foundational research takeaways ●Please see Appendix F for bibliography of works cited and consulted texts. List of cultural plans reviewed Research for the above cultural arts plan drew upon a variety of other cultural plans developed in cities across the United States. The cities selected were considered similar to Fresno, whether in terms of size, density, industry, proximity, demographics or population. The plans were analyzed to identify common themes and implementation timelines of specific projects. The information gathered from outside cultural arts plans will help the City of Fresno implement and execute its plan as it moves forward. The following external cultural arts plans were used as part of foundational research: ●Athens Public Arts Master Plan 2017 ●City of Berkeley Arts & Culture Plan 2018-2027 Update ●City of Boise Cultural Master Plan 2017 ●Boston Creates Boston Cultural Plan 2015 ●Chapel Hill Cultural Arts Plan 2016 ●City of Chicago Cultural Plan 2012 ●Imagine 2020: Denver’s 2013 Cultural Plan ●Arts and Culture Master Plan: Fort Pierce, FL ●Greensboro Cultural Arts Master Plan 2018 ●Iowa City Public Art Strategic Plan 2019 ●Iowa Arts Council: Strategic Plan 2019-2021 ●Las Cruces Arts & Cultural District Plan 2018 ●Cultural Awareness Plan: Madera County 2021-2023 ●Newark Creates: A Community Cultural Plan For Newark 2018-2028 ●Belonging in Oakland: A Cultural Development Plan, 2018. ●Amp Up OKC: An Art Master Plan for the City of Oklahoma City 2015 ●Creative Life: Raleigh Arts Plan 2016 ●Creative Edge: Sacramento’s Arts, Culture and Creative Economy Plan 2018 ●Sioux Falls Imagined: A Cultural Plan for a Vibrant and Prosperous City 2014 The following cultural arts reports from the Fresno Arts Council were also used during the research process: ●Fresno Arts Council: Fresno Cultural Plan Assessment Report September 2003 ●Fresno Arts Council 2010 Cultural Arts Plan Methodology + Original Data Analysis -80-   A mixed-methods approach of quantitative and qualitative data collection was used in the preparation of this plan. Qualitative data was analyzed by multiple team members and placed in a bibliography containing all written sources. Notes from PRAC meetings and council district sessions were transcribed for review, as were in-depth interviews and additional practitioner feedback. The data gathered at community meetings was collected and transcribed, including group themes, sticky notes and event feedback forms. Quantitative data gathered from the survey was compiled in a workbook for team analysis. The workbook holds the raw responses from virtual and paper surveys in all languages (translated to English). It also provides a crosstab analysis with summary statistics for all questions by gender, age, race/ethnicity, geography and family Income. -81- Appendix C: Original Data Collection Tools Cultural Arts Plan Community Survey ●English ●Hmong ●Punjabi ●Spanish City of Fresno Cultural Arts Plan — Artist and Advocate Input ● Artist and Cultural Practitioner Input Form In-depth Interviews ●In-depth Interview Question Guide -82- Appendix D: Breakdown of Public Outreach and Input Communications Strategy and Plan The communications plan was developed between June and August 2022, before launching at the beginning of September 2022. The multichannel plan included a mix of digital, print and in-person outreach elements to maximize the number of people reached. All communications materials were translated and shared in English, Hmong, Punjabi and Spanish. A variety of strategies were used as part of the overall communications plan to inform and facilitate feedback across the City of Fresno: Strategy Tactics Timeline Social Media Campaign The City of Fresno PARCS Department utilized Facebook and Instagram to share information on the development process. Relevant posts were pinned to the top of the profile pages. September 2022 - April 2023 Website Updates The City of Fresno’s Measure P website was updated to include relevant information on the progress of the plan. September 2022 - April 2023 Targeted Emails Emails were sent to the Parks Recreation and Arts Commission distribution list to share information on the status of the plan and ways to participate. September 2022 - April 2023 Utilizing ArtHop Canvassers were present at various ArtHop events to distribute flyers to encourage survey responses and attendance at community meetings. Printed materials had a QR code to take users to the survey and the Measure P website. September 2022 - October 2022 Reaching Flyers and posters were September - October -83- Community Partners distributed to various community partner organizations and local businesses across the City of Fresno, such as recreation centers and senior centers to share survey and meeting information. There was also an information booth with flyers stationed at the 2022 Big Fresno Fair. 2022 Incorporating Public Libraries Flyers were placed at 10 public libraries within city limits to help reach residents without computer access and provide opportunities for survey participation. September - October 2022 Fresno Unified School District and Central Unified School District Information regarding survey and community event participation was shared with the district using Peachjar. September - October 2022 Canvassing Door-to-door ambassadors from several community-based organizations were utilized to distribute flyers and posters in person to promote the survey and share information for the community meetings. September - October 2022 Paid Advertising Paid digital and print advertisements were used to share information on the survey and community meetings through multiple outlets, including: Univision Fresno, The Munro Review, The Fresno Bee, The Fresno Business Journal, Valley Public Radio, Fresno Hmong Radio, and Fresno Punjabi Radio. Interior cards on FAX buses were also used to advertise the development of the cultural arts plan. September - October 2022 Printed Signage Banners were printed and stationed at 27 Fresno parks with information on the survey and community meetings. September - October 2022 Lock Boxes in the City Paper copies of the survey and lock boxes for submission were September - October 2022 -84- placed at all community centers and placed at various events within Fresno. Paper copies of the survey were also offered at local events during the months of September and October. -85-   Appendix E: Organizations and Institutions List of organizations and institutions reviewed and/or discussed during research and interviews ● 2nd Space Theater ● Advocates for Indigenous California Language Survival ● African American Theater Contingent ● African-American Historical and Cultural Museum of the San Joaquin Valley ● Alliance for California Traditional Arts Fresno Office ● Armenian Museum ● Art of Life Cancer Foundation ● Arte Américas ● ArtHop ● Ballet Folklorico Academy ● Big Fresno Fair ● Break the Barriers ● Breakbox Thought Collective ● California Arts Academy ● Central Valley Community Foundation ● Children’s Musical Theatre Works ● Cultiva La Salud ● Cultural Arts Rotary Club ● Dulce UpFront ● Fig Tree Gallery ● Forestiere Underground Gardens ● Fresno LGBT Youth Alliance ● Fresno African American Coalition ● Fresno African Drumming ● Fresno Art Museum ● Fresno Arts Council ● Fresno Barrios Unidos ● Fresno Community Chorus ● Fresno Discovery Center ● Fresno Folklore Society ● Fresno Interdenominational Refugee Ministries ● Fresno Musical Club ● Fresno Opera and Orchestra Summer Academy ● Fresno Pacific University, Department of Arts and Culture ● Fresno Philharmonic ● Fresno State Summer Arts ● Fresno State, Departments of Music, Arts, and Humanities ● Fresno Water Tower ● Fresno Zoo ● Fulton 55 -86- ●Gallery 25 ●Gazebo Gardens ●Good Company Players ●Hmong 40 ●Hmong Americans Writers’ Circle ●Hmong New Year ●LitHop Fresno ●Mariachi Academy ●Music Together Fresno-Clovis ●Pan Valley Institute ●Polynesian Club of Fresno ●Tower District Porchfest ●Purposed II Praise School of Dance ●Radio Bilingüe ●Revive Dance Company ●Roger Rocka’s Dinner Theater ●Rogue Festival ●Saroyan Theatre ●Selland Arena ●Shinzen Japanese Friendship Garden ●Stone Soup Fresno ●Teatro Campesino ●Tower Theatre ●Warnors Theatre ●Woodward Park ●Youth Orchestras of Fresno -87-   Appendix F: Bibliography “A Guide to Historic Architecture in Fresno, California.” Historic Fresno. http://www.historicfresno.org/. 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Fresno Arts Council, June 21, 2021, Zoom. Minutes, Board of Trustees Meeting. Fresno Arts Council, September 22, 2021, Zoom. Minutes, Board of Trustees Meeting. Fresno Arts Council, November 11, 2021, Zoom. Mosaic Community Planning, LLC. City of Fresno 2020-2024 Consolidated Plan and 2020 Annual Action Plan. City of Fresno, 2021. https://www.fresno.gov/darm/wp-content/uploads/sites/10/2021/01/V2.03-Fresno-ConPlan-FinalDraft_12272021.pdf. “Murals.” Downtown Fresno. https://www.downtownfresno.org/things-to-do/public-art/murals. Accessed July 25, 2022. “Murals & Street Art (Downtown Fresno Ca.)” YouTube, uploaded by OldSchoolNoe, February 8, 2020. https://www.youtube.com/watch?v=6YxRBpuBeJo. “Native Americans of the San Joaquin Valley.” Fresno County Historical Society. https://www.valleyhistory.org/native- americans. Accessed on July 20, 2022. Newark Arts. Newark Creates: A Community Cultural Plan for Newark 2018-2028. City of Newark, 2019. https://newarkarts.org/wp-content/uploads/2020/NewarkCreates/NEWARK%20CREATES%20- %20FINAL%20(website)_compressed.pdf. Office of Raleigh Arts. Creative Life Raleigh Arts Plan. City of Raleigh, 2016. https://cityofraleigh0drupal.blob.core.usgovcloudapi.net/drupal-prod/COR24/RaleighArtsPlan.pdf. Olmstead, Alan L. and Paul W, Rhode. “A History of California Agriculture.” University of California Agriculture and Natural Resources. 2017. https://s.giannini.ucop.edu/uploads/giannini_public/19/41/194166a6-cfde-4013-ae55- 3e8df86d44d0/a_history_of_california_agriculture.pdf “Our Non-Profit. Our Community.” Community Center for the Arts & Technology. https://go.ccatfresno.org/about/, Accessed on June 7, 2022. “Parks, After School, Recreation and Community Services: Measure P.” City of Fresno. https://www.fresno.gov/parks/measure-p/. Accessed June 2022-January 2023. Parks, After School, Recreation and Community Services. Fresno Parks Vision 2050. City of Fresno, 2016. https://www.fresno.gov/darm/wp-content/uploads/sites/10/2018/05/FresnoVisionParksMasterPlanweb.pdf. Parks and Recreation Calendar. City of Fresno, 2023. https://cityoffresno.wpenginepowered.com/parks/wp- content/uploads/sites/14/2023/01/2023-Parks-Recreation-and-Arts-Commission-Calendar-Final.pdf. Pérez, Doris. “Fresno, California’s New Downtown: visualizing policy through anthropology.” Harvard Journal of Hispanic Policy, vol. 30. 2018. https://www.proquest.com/docview/2187902545?accountid=14437&pq-origsite=primo&forcedol=true Peres, Dorie Dankin. “Change and memory on the Fresno Fulton Mall.” Streetnotes, vol. 25. 2016. https://doi.org/10.5070/S5251029666 “Race in America.” Uncovering America, National Gallery of Art. https://www.nga.gov/learn/teachers/lessons- activities/uncovering-america/race-america.html. Accessed on February 22, 2023. Rodriguez-Delgado, Cresencio. “In Fresno County, Native groups take on meaning of “Squaw’ and ‘Warrior.’” PBS. Fresno. 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U.S. Department of Commerce National Oceanic and Atmospheric Administration, 2008. https://permanent.fdlp.gov/gpo9576/TM-280.pdf. Tehee, Joshua. “Did they just say Fresno? Murals edition” The Fresno Bee. July 16, 2016, https://www.fresnobee.com/article89580802.html. Teitz, Michael, Charles Diezel and William Fulton. “Urban Development Futures in the San Joaquin Valley.” Public Policy Institute of California. 2005. https://www.ppic.org/wp-content/uploads/content/pubs/report/R_205MTR.pdf The Crystal Meth Epidemic Plaguing Fresno. Vice. 2020. “Timeline.” North Fork Rancheria of Mono Indians of California. https://www.northforkrancheria-nsn.gov/our- people/history/timeline/. Accessed on July 20, 2022. Tiret, Holly. “The benefits art therapy can have on mental and physical health.” Michigan State University Extension. May 25, 2017. https://www.latimes.com/entertainment-arts/story/2022-05-11/theater-is-back-attendance-is-down-costs-soaring- covid-19-pandemic. “Transform Fresno.” Transform Fresno. https://www.transformfresno.com/. Accessed on June 23, 2022. Paul, Rodman W. “The beginnings of agriculture in California: Innovation vs. continuity.” California Historical Quarterly, vol. 52 no. 1. 1973. https://doi.org/10.2307/25157414 “Uncovering America.” Uncovering America, National Gallery of Art. https://www.nga.gov/learn/teachers/lessons- activities/uncovering-america.html. Accessed on February 22, 2023. Venegas, Amanda. “New art center opens in iconic building in downtown Fresno.” ABC30 Fresno. April 8, 2012. https://abc30.com/scarab-creative-arts-center-downtown-fresno-artist-centers-art-rooms/10498644/ “What is Cultural Asset Mapping?” Arts & Planning Toolkit. https://artsandplanning.mapc.org/cultural-asset-mapping/. Accessed on January 10, 2023. -93-   Appendix G: Sub-Committee Comment Summary Name Page Summarized Comment/Question Commissioner Vang General Request that the plan does not lose the culture aspect and we should be prioritizing youth. Culture plays an important role to cultural community including carrying on cultural traditions, sports like field hockey and cricket, and educational aspects like koi fish at Woodward park. Sarah Parkes General The plan could state more clearly that the City needs to access more funds besides 12%. Sarah Par General How much is included in the recommendations that is going to the City and City Departments? There is a real concern that money will not go into the community in the way that it is intended in the ordinance. How does the plan help advance the funding to nonprofit arts and culture organizations? Commented [LW34]: Appendix G should be removed from the final version of the Cultural Arts Plan Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -94-   kes Lilia Chavez General If 12% is whittled away to pay for city items, etc., less money will go to the arts community. Items in plan for city investment need to be separated from items for community investment. Lilia Chavez General Lots of good stuff - especially the findings/takeaways - but took huge leaps in the recommendations that are inconsistent with the community. Feels like there is an effort to undermine the Fresno Arts Council and eliminate them from the process. Lilia Chavez General The recommendation to create an arts department excludes Fresno Arts Council. Fresno Arts Council has the capacity to do this work. Lilia Cha 42 FAC is called out in a disparaging way - appears that FAC is not accessible to small and emerging arts and nonprofits. FAC has not had money to favor many organizations but does work with small and emerging organizations. 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[1]Formatted... [2]Formatted... [3]Formatted... [4]Formatted... [5]Formatted... [6]Formatted... [7]Formatted... [8] -95-   vez Scott Miller 42 Doesn't see exclusion, just creation of city positions/departments. Scott Miller General Asked subcommittee member if they feel Fresno Arts Council should be the only fiduciary in arts and culture. Feels its legally not possible for tax money to go to a non-government agency Maiyer Vang General Doesn’t think the plan is the issue…it sounds like the grant is the issue Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: -96- Lilia Chavez General The cultural plan talks about how the community feels that “Measure P funding is one of the greatest opportunities for the future of arts and culture in Fresno” It however, ignores the reality that many of the needs and deficits discussed, are a result of no dedicated funding for arts and culture for far too many years, no blame just truth. This is a truth that the citizens addressed by the citizen led initiative that is Measure P. We community members understand the socio-economic limitations that caused the neglect; so we took the bull by the horns, and turned the problem around. Yes, we see this as the greatest opportunity for arts and culture in Fresno. Help us put it to good use and lets showcase our assets and demonstrate how we have a foundation to build on. Sarah Parkes Cover I'd like for our committee to consider moving in a different direction for the cover of this plan. Earlier this week I was reading a Bee story about the pedestrian bridge grant the city received to connect a community to Roeding park. The article addressed the historical inequities created by Fresno's transportation infrastructure development. Highlighting the freeway system for this plan doesn't make sense in my opinion, and perhaps is highlighting one of the barriers community has faced in participating in arts and culture in Fresno. Could we use an art piece instead? Something highlighting the rich agricultural resources of our City. 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Sarah Parkes 6 - 4th paragraph Suggest adding language in this section to address that the City can leverage this plan to secure additional grants and funding investments in the City's arts and culture goals. Sarah Pa10 -Measure P baI'd like to suggest this section be reworked. I think I understand the goal of this language is to demonstrate that there are several categories in the ordinance that identify arts and culture. My sense from listening to community input during commission meetings is that there needs to be more clarity about the specifics of each category. When I read this section it's a little confusing because of the focus on culture and arts. Maybe start with the 12% language and then state that two other Measure P categories which are more broadly focused include funding opportunity for arts and Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted... [9] -98- rkes ckground culture. Sarah Parkes 11 -About the City of Fresno I think we should edit this land acknowledgment to be more respectful to the indigenous community. I don't think it should reference the Historical Society. Suggest something like "We respectfully acknowledge that the land on which Fresno now sits is the traditional territory of the Yokuts and Mono people." Sarah Parkes Page 12 Is it possible to name the city's indigenous population/tribes? Sarah Parkes 25 - Measure P finanIn the designed version of the plan, I would love to see this language called out in a graphic way. 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Sarah Parkes -7 33 - A sense of safety is important sectio5- I don't doubt that the community has concerns about safety when participating in arts and culture activities in Fresno. but 23 respondents in the survey seems like a very small number of the total that took the survey. I just want to make sure we aren't emphasizing something that maybe only a few community members provided feedback on. 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Sarah Parkes 41 - Recommendation 1.1 - Strategy 1 I've had community feedback that there is concern about the available Measure P funds being spent entirely on the City's art assets. I'm not suggesting that is the plan, but having this as the first strategy in the plan might fuel that fire. Sarah Parkepage 41 - RecommHow does this connect to maintaining the arts and cultural assets? Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  s endation 1.1 - Strategy 4 Sarah Parkes 42 - Goal 2: Policy, Planning & Municipal Investment Would like to suggest that this become Goal #5 or a different section for Implications for the City. Does it make sense to lay out the more specific vision for arts and culture in the City and then address the need for the City to invest in itself to make the vision and other goals possible? This comment is mostly addressing Recommendation 2.1. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -Sarah Parkes 43 - Recommendation 2.3 - Strategy 4 What is the rationale for this strategy? Sarah Parkes 44 - Recommendation 2.9 - Strategy 1 I'd appreciate the opportunity to discuss this strategy more. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -Name Page Summarized Comment/Question Sarah Parkes 44 - Recommendation 2.9 - Strategy 2 Same for this one. I need some clarity about what this is seeking to accomplish Sarah Parkes 45 - Recommendation 2.10 - I'd like a little more clarity on this strategy, what is the vision for this work supporting arts and culture. 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I'd like to suggest that NCAP look at strategies like this and consider how the City can address regulatory barriers including fees for hosting events at park sites. Sarah Parkes 45 - Recommendation 2.11 - Str Can we eliminate the cost? 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Sarah Parkes 46 - Recommendation 2.12 - StrateIs this something the City engages in now. Is the vision for museums etc. to identify funding opportunities or for the City to secure additional funding? 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Let's make sure we aren't reinventing the wheel. Li8 - RecWe should be planning for multiple Cultural Arts Districts. Fresno's diversity has historically called out multiple unique communities that warrant designation as Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",First line: 0", Right: 1.09", Space Before: 3.95 pt, Linespacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -lia Chavez ommendations - Cultural Arts District Cultural Arts District such as the Tower and China Town. Lilia Chavez 9 - Overview - related to 50% of Fresnans can we really say this with only 4,000 surveys and a population of over 500,000? can we say this with only 2,000 respondents and a population of over 500,000? Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -Lilia Chavez 9 - Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax (Measure Parts advocates should be included here. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  ) Lilia Chavez 10 - Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax (Me This section requires clarification so that readers know that some of the recommendation are not intended to come from the 12% re-granting funds. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", First line: 0", Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  asure P) - second paragraph Lilia Chavez 10 - Why a cultural arts plan? paragraph 3 Full stop after A cultural arts plan is also a form of public policy. Not sure what is intended by additional language regarding policy. Begin again with Policymaking Lilia Cha10 - Why a cuI am not sure of the purpose of this section in a cultural plan since policies and FMC may be recommended to support the plan but should not be included in the adopted plan. 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Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: single -Name Page Summarized Comment/Question Lilia Chavez 23 - Fresno is a unique community, strengthened by its rich diYes! 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Inconsistent with the premise of this section. Like the Fresno Metropolitan Museum, this institution is a casualty of no support for the arts. Not sure we want to point that out here. This sounds like an uplifting section. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  sity and cultural assets -reference to Hmong cultural heritage museum. 24 - Fre Libota Mbonda or some other Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",First line: 0", Right: 1.09", Space Before: 3.95 pt, Linespacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Lilia Chavez sno is a unique community, strengthened by its rich diversity and cultural assetAfrican drumming group? We should honor their work by not generalizing or lumping them in one group here. -s -reference to Fresno African Drumming Circle Lilia Chavez 24 - Fresno is a unique communityIs this another generalization if so this should be plural. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",First line: 0", Right: 1.09", Space Before: 3.95 pt, Linespacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -, strengthened by its rich diversity and cultural assets -reference to Fresno Af -  rican Drumming Circle Lilia Chavez 25 - Measure P funding is seen as one of the greatest opport this should begin with: The Citizen led initiative that is Measure P ...... We should honor our residents and celebrate their achievement hence provide understanding for why this is seen as the greatest opportunity… Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", First line: 0", Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -unities for the future of arts and culture in Fresno. First paragraph Lil25 - MeasurThis section should say that Measure P will not be the source of financial support, to achieve all that is in this plan. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", First line: 0", Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  ia Chavez e P funding is seen as one of the greatest opportunities for the future of arts and c -  ulture in Fresno. Second paragraph Lilia Chavez 26 - There are barriers to accessing informaWhile I believe there is a shift to web based information gathering. I am not sure we can make a direct correlation here. People were driven to the site for the specific purpose of accessing information on the planning process. This does not demonstrate a shift in how they access Cultural Arts information overall. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", First line: 0", Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  tion about arts and culture opportunities. Last sentence Lilia Chavez 27 - There are barrier Instead of suggesting a new system would we not want to support existing systems ? Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",First line: 0", Right: 1.09", Space Before: 3.95 pt, Linespacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  s to accessing information about arts and culture opportunities. Second Paragr -  aph Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Name Page Summarized Comment/Question Lilia Chavez 27 - There are barriers to accessing information about arts and Did citizens request maintenance of a government driven arts and culture calendar or just that a central repository for collecting and disseminating this information exist? 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We should however be considering multiple areas in the City to create designated Cultural Districts such as, China Town, the Tower District, or the Hmong Village in south east Fresno. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  rs to accessing information about arts and culture opportunities. Fifth Paragr -  aph Lilia Chavez 28 - Transportation and accessibility are essential to engaging with arArtHop does not only happen downtown, but also the Tower District, River Park and Greater Fresno Area such as East Fresno, and China Town. We understand that because ArtHop is the single most recognized arts event in Fresno it's pros and cons are visible to many. The issue here is arts accessibility. This is why we should encourage multiple Cultural hubs or districts to provide greater accessibility to the arts. Perhaps you have a better example for this issue that you could include here. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  ts and culture in Fresno. Third Paragraph Lilia Chavez 28 - Transportation and accessibilit Downtown does not now function as the central location for arts an culture, nor has it for a very long time. Arts and Culture is visible in many parts of our City. 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Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", First line: 0", Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  more support is needed to ensure artists, cultural practitioners and organizat -  ions are connected, stable and can thrive. Third Paragraph Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Name Page Summarized Comment/Question Lilia Chavez 29 - The Fresno area has an active artist community—but more sup It seems that this point has already been made above. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  port is needed to ensure artists, cultural practitioners and organizations are -  connected, stable and can thrive. First Paragraph - Last Sentence 29 - The Fresn Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", First line: 0", Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Lilia Chavez o area has an active artist community—but more support is needed to ensure artist This should specifically inform recommendation. -  s, cultural practitioners and organizations are connected, stable and can thri -  ve. Second Paragraph - Last Sentence Lilia Chavez 32 - More should be done to increase art in pu Fresno currently has a one percent minor deviation designation for public art in new development. It could be strengthened by bringing it to 2 percent as included in Sacramento and Raleigh. This fund could be used not only to install new art but .5% could be set aside for conservation. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  blic spaces. Third Paragraph Lilia Chavez 32 - More should be done to increase art in public s The current process for Art at City Hall includes an open call to artists and organizations. Like most Public Art viewing it is serendipity. The requirements placed upon the selection process by the City limit who can show sometimes. Our responsibility for this is included in our agreement as the City Arts Agency. This recommendation takes a leap from what is described as a marketing issue to a change in who is responsible for the installations. I don't believe it should be included here. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  paces. Forth Paragraph Lilia Chavez 32 - More should be done to increase art in public spaces. This is robustly happening in Fresno with partnerships with High Speed Rail, The Fresno Airport, Caltrans, The Housing Authority and private developers. We can always do more, but this should be elevated as an asset that we can make better. And public works. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Forth Paragraph Lilia Chavez 33 - A sense of safety is important. A 2018 random sampling survey conducted by Fresno State Marketing Students at ArtHop demonstrated that a higher number of women than men attended ArtHop. Women statistically are adverse to going to places where they do not feel safe. I am sure some people are concerned about their safety. The data collected does not seem statistically significant given the total number of respondents to justify this point. Lilia Chavez 35 - Costs create a barri Add such as presentations and performances Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",First line: 0", Right: 1.09", Space Before: 3.95 pt, Linespacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  er to hosting and participating in arts and cultural events and programs. Firsgt -  Paragraph Referenced to "public art dispersed" Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Name Page Summarized Comment/Question Lilia Chavez 35 - Costs create a barrier to hosting and participating in arts Currently when events are scheduled parking fees kick in. Relaxed parking should be implemented during public event to encourage participation. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  and cultural events and programs. Firsgt Paragraph - Last Sentence Lilia 35 - Fresn This is an important point and should be identified as coming from the parks side of Measure P. A chart should be created that show which recommendations will come from the various pots of Measure P funds. This would contribute to eliminating mis understandings. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Chavez o’s climate impacts the arts and cultural scene. Lilia Chavez 36 - Lack of affordable housing In the Yerba Buena Cultural district of SF. The City of SF makes City owned space available to non- profit arts groups. Rent free to keep the area active. The Revenue that is generated from tourism and increased business in the area off sets the cost of rent. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  , transportation and studio/theater space creates barriers for artists and cul -  tural practitioners. Frist Paragraph Lilia Chavez 39 - Investment in arts education and app Include art programs and trainings offered by the Fresno Art Museum, Arte Americas, CCAT, the African American Museum, Fresno Arts Council and the City of Fresno. This provides a more complete view of who is doing this work Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  renticeship programs is important. Forth Paragraph Lilia Chavez 41 - Recommendation 1.1 - S change for conservation. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  trategy 1 and 2 Lilia Chavez 41 -Recommendation 1.1 - trategy 3 This is an important issue for the City government owned art. As discussed in another section A 2% developer fee is a practice that could generate new resources for this and not take away from limited arts funds. Lilia Chavez 41 -Recommendation 1.1 - StThis and the strategy above should be in the Implications for the City of Fresno section. Seems out of place here. 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Lilia Chavez 42 - Recommendation 2.1 This recommendation and some of the aligned strategies. Seem counter to the desired outcome. Since 1989 The Fresno Arts Council has been designated as the City's Arts Agency and with no direct financial support and has done it's job well. Why would the City create and fund a whole new municipal infrastructure to do what we do and will do even better with funds designated for Measure P administration? 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It would be helpful to know how many interview participants or survey respondents identified this as a priority for Cultural Arts in Fresno. Please disclose the source that identifies this as a "best practice" . National and California data do not support this. So much was lumped into this section that is already called out by the initiative or being done, this whole section needs work to separate out what should be left in. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Name Page Summarized Comment/Question Lilia Chavez 43 - Recommendation 2.3 - Strategy 4 This is an important part of program cost for Measure P overall. but is an administrative cost that should not be in the form of a grant. This would be a direct contracted service. Lilia Chavez 43 - Recommendation 2.3 This section includes significant recommendations but because they are included under Municipal investment, they seem out of place here. Not all of these recommendations and strategies are specific to the City. 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Implications for the City Lilia Chavez 44 - Recommendation 2.8 We should be identifying several Cultural District to be representative of the broad diversity of our community. 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Lilia Chavez 46 - Recommendation 2.12 - Strategy 5 A good strategy, one utilized by arts agencies now, Imbedded in this section how ever is lost and might work better in Goal 3 Lilia Chavez 46 - RecommendaYes! Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: -  tion 3.1 Lilia Chavez 46 - Recommendation 3.1 - Strategy 5 What is meant by empower. and partnership? This is the work of the Fresno Arts Council. It is appropriate to call it out here because there is so much more that can be done now with new resources. We might even find others in the community that could do this work. Lilia Chavez 47 - Recommendation 3.2 Some of these are great strategies; I would like to learn more about how this might roll out. 47 - ReWhat does increase FAC's administrative capacity look like? We currently receive CAC funds to the extent they are available. We have a Cultural Alliance that after years of effort to organize independently dissolved it's 501 C3 Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",First line: 0", Right: 1.09", Space Before: 3.95 pt, Linespacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Lilia Chavez commendation 3.2 - Strategy 1 - 4 status and at their request merged with the Fresno Arts Council. They were actively involved in the Measure P Campaign and are just waiting for Measure P funds to roll out to begin convening again. Lilia Chavez 47 - Recommendation 3.3 - Stragety 1 It is not clear if this is a duplication or not. Lilia Ch47 - RecomUnder prop 28 there is a huge infusion of public funds for the arts in school. Is this proposed as a strategy to be funded or just a good idea. 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ArtHop currently does what is being suggested to the extent it can while being true to its intent. Fresno Arts Council currently cross promotes events, to the extent possible with limited funds. We are not the only ones that do this however so we should not be called out here. Cross promoting and funds to promote and publicize local art events and activities is an important strategy to include here. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Name Page Summarized Comment/Question Lilia Chavez 49 - Recommendation 4.2 - Strategy 6 Was this a request of a statistically significant number of respondents? There appears to be no current understanding of this process and why we display art at City Hall. Not sure why this is included. Lilia Chavez 49 - Recommendation 4.3 Might this recommendation read: Increase Public Art in Public Spaces. Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 pt, Line spacing: -  Lilia Chavez 49 - Recommendation 4.3 - Strategy 2 Did you mean public art in public spaces. Lilia Chavez 49 - Recommendation 4.4 - Strategy 1 This is a wonderful idea and sounds very much like State of the Arts/Horizon awards staged by the Arts Council annually. With increased support for the arts overall, I see this event expanding. But we should not spend grant funds on it. L 50 - We currently have multiple hub organization that maintain directories. Why would we create another one? a competitive grant Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  ilia Chavez Goal 5 could be made available to expand one or more of those services and instead of reinventing the wheel. Lilia Chavez 50 - Recommendation 5.1 - Strategy 1 Fresno Arts Council has an inventory we expect to expand as a result of Measure P. Lilia Chavez 50 - Recommendation 5.1 - SMuch of this will be done in tandem with the grants making process as many of the groups that have maintained a low profile will bubble up in search of available funding Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  trategy 2 Lilia Chavez 50 - Recommendation 5.1 - Strategy 4 Who will do this? Lilia Chavez 50 - Recommendation 5.2 - Strate We do this now. Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  gy 2 Lilia Chavez 51 - Recommendation 5.3 - Strategy 1 This is an implication for the city. Currently this is being taken up with the new free ride trolley system. We should not expend grant funds on this. Lilia Chavez 51 - Recommendation 5.5 - Strategy 2 This sounds like evaluation and should be included in that new section. Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Lilia Chavez 51 - Recommendation 5.7 - Strategy 1 With an increase in general operating support, I can see safety issues being addressed. The data does not seem to support calling it out for specific funding. Lilia Chavez 51 - Recommendation 5.8 - Strategy 1 With program and operational support increased we should expect to see reduced price and subsidized admissions. Parking should be in implications for the city. Relaxed parking or free parking could be instituted to be offset by an increase in tax revenues overall. Because of the ripple effect of support to the arts. 52 - Is this what you mean? Provide general operating support grants to organizations who Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",First line: 0", Right: 1.09", Space Before: 3.95 pt, Linespacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  Lilia Chavez Recommendation 5.8 - Strategy 3 increase accessibility to Cultural Arts programs. Lilia Chavez 52 - Recommendation 5.9 - Strategy 6 This sounds redundant as it is included elsewhere. Art in public places. Lilia Ch52 - Recom This sounds like implications for the City. @ Formatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -  avez mendation 5.10 - Strategy 1 Lilia Chavez 53 - Implementation This section should change with the recommended changes. It would be helpful if we saw time frame for the goal achievement. this is a 5 year plan while we don't expect to achieve everything in that time frame prioritizing should fit into that 5 year plan. Formatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: singleFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Centered, Indent: Left: 1.28",Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 ptFormatted: Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt -   From: Lilia Gonzales Chavez Sent: Wednesday, March 8, 2023 3:51 PM To: Jennifer Soliz; Sarah Parkes; Mai Vang; Scott Miller; Tony Cleasby Cc: Aldi Ramirez Subject: RE: Cultural Arts Plan Subcommittee Meeting Follow Up External Email: Use caution with links and attachments Hello Jennifer, Thank you for this morning’s meeting. As we discussed, the firsts draft of the Cultural Plan is rich with information gathered through the outreach process. The narrative and the recommendations however still need revision before they are sent out for public comment and review. It is important that the consultants Formatted: Heading 1, Centered, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt, Line spacing: single -   take the time needed to make recommended revisions and that the committee see the revised plan one more time, before it goes out to the public. To send the document out in its current state would only serve to confuse and alarm the voters who so passionately look to this plan as a guide for how Measure P funds can be used. Even though the plan has a greater purpose, in it’s current state it is inflammatory and could do more harm, than the good we are all seeking. It is my hope that the next draft will more clearly identify the role of “the City” in an “Implications for the City” section that includes many of the issues that are important for the City to address as a result of the recommendation made for the cultural arts community. I would also appreciate revision of the areas where the Arts Council is mentioned. In this instance, it might be better not to include us at all, because where we -   are mentioned it so obviously demonstrates a lack of knowledge regarding what we do. Wishing you the very best, Lilia Lilia Gonzáles Chávez Executive Director Fresno Arts Council 1245 Van Ness Avenue Fresno CA, 93721 559.237.9734 Enriching people’s lives through the arts! -   From: Lilia Gonzales Chavez Sent: Monday, March 6, 2023 8:21 PM To: Jennifer Soliz; Tony Cleasby Cc: Mai Vang; Scott Miller; Sarah Parkes; Suliana Caldwell Subject: FW: DRAFT Cultural Arts Plan_2.27.23-1 External Email: Use caution with links and attachments Hello Jennifer and Tony Attached are my comments on the Cultural Plan. I hope my need for additional time will not delay the process that much. I avoid working on shared documents such as these so I am not very proficient. Because I worked on two different computers, one at home and one in my office, my comments are listed as Julian’s and Lilia Chavez. I hope the ones highlighted in gray can be -   deciphered I couldn’t get the highlighter color to change. I have also included comments in an attachment made by a couple FAC Board members. I include them because as I read, I did not want to let my closeness to our work to over shadow my opinion, so I sought a set of eyes not engaged in our day to day work. I think you will see that with two independent readings a primary concern surfaced. I hope we can resolve this at our meeting on Wednesday. Also included is a FAC Fact Sheet. The plan as written, demonstrates a lack of knowledge regarding what we do and why we are so deeply immersed in how the art funds are managed and allocated. I look forward to seeing everyone Wednesday, Lilia Lilia Gonzáles Chávez Executive Director Fresno Arts Council 1245 Van Ness Avenue Fresno CA, 93721 559.237.9734 Enriching people’s lives through the arts! Document Shared. -   From: Sarah Parkes Sent: Wednesday, March 8, 2023 4:01 PM To: Jennifer Soliz; Lilia Gonzales Chavez; Mai Vang ; Scott Miller Cc: Aldi Ramirez <Aldi.Ramirez@fresno.gov> Subject: RE: Cultural Arts Plan Subcommittee Meeting Follow Up External Email: Use caution with links and attachments Thank you for the update, Jennifer. I am writing to formally request that the Cultural Arts Plan timeline be adjusted to allow additional time to revise the draft document before it is released for public comment. Like other Fresno residents, I am eager to see investment in Arts and Culture in the City. Unlike the Highest Needs -   Neighborhood definition, I don't believe the Measure P ordinance has a specific deadline for adopting the plan. After reviewing the plan's first draft, I think we should invest the time to make revisions before the public review period, even if it means delaying the final plan adoption. I understand that the plan is not meant to solely address the 12% of Measure P that is to be "made available on an annual basis to invest in competitive grants for nonprofit organizations that support and expand access to arts and cultural programming." As I mentioned in my comments on the draft, I think more clarity is needed regarding the various existing and future funding sources required to implement Fresno's Arts and Culture goals. Based on conversations I've had with community members, there is real concern that the City will spend a portion or all of the Measure P 12% for Expanded Access to Arts and -   Culture on projects unrelated to the Measure's intent. In my opinion, the plan's current draft is not clear enough about the various funding sources, Measure P buckets, and the Fresno Arts Council's role. Without more revision before public release, I really think we are setting ourselves up for an outpouring of community pushback. I respectfully request that NCAP be given more time to revise the document and that our subcommittee has another opportunity to review it before public release. Thank you, Sarah Parkes (She/Her) Assistant Director San Joaquin River Parkway and Conservation Trust, Inc. 11605 Old Friant Road, Fresno, CA, 93730 559-248-8480 ext. 107 facebook.com/SJRPCT * Twitter @sjrparkwaytrust www.riverparkway.org Page 94: [1] Formatted Laura Ward 7/11/2023 4:26:00 PM Heading 1, Centered, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt Page 94: [2] Formatted Laura Ward 7/11/2023 4:26:00 PM Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt Page 94: [3] Formatted Laura Ward 7/11/2023 4:26:00 PM Heading 1, Centered, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt Page 94: [4] Formatted Laura Ward 7/11/2023 4:26:00 PM Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt Page 94: [5] Formatted Laura Ward 7/11/2023 4:26:00 PM Heading 1, Centered, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt Page 94: [6] Formatted Laura Ward 7/11/2023 4:26:00 PM Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt Page 94: [7] Formatted Laura Ward 7/11/2023 4:26:00 PM Heading 1, Centered, Indent: Left: 1.28", First line: 0", Right: 1.09", Space Before: 3.95 pt, Line spacing: single Page 94: [8] Formatted Laura Ward 7/11/2023 4:26:00 PM Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt Page 97: [9] Formatted Laura Ward 7/11/2023 4:26:00 PM Heading 1, Indent: Left: 1.28", Right: 1.09", Space Before: 3.95 pt CITY OF FRESNO Cultural Arts Plan – PUBLIC REVIEW DRAFT – Include Measure P logo on cover Month Date, 2023 -2- Acknowledgements Thank you to the more than 4,000 Fresnans, artists, organizational leaders, nonprofit founders, educators and cultural practitioners who contributed to the research efforts. Your participation was critical to the development of this plan and your efforts to better serve the community are not unnoticed. Thank you to all of the City of Fresno staff who contributed to various stages of the development process. Mayor and City Council Mayor Jerry Dyer Councilmember Annalisa Perea (District 1) – Council Vice President Councilmember Mike Karbassi (District 2) Councilmember Miguel Arias (District 3) Councilmember Tyler Maxwell (District 4) – Council President Councilmember Luis Chavez (District 5) Councilmember Garry Bredefeld (District 6) Councilmember Nelson Esparza (District 7) Parks, Recreation, and Arts Commission Commissioner Kimberly McCoy – Chair Commissioner Jon Dohlin - Vice Chair Commissioner Maiyer Vang* (served until April 17, 2023) Commissioner Dr. Francine Oputa* Commissioner Scott Miller* Commissioner Mona Nyandoro Cummings Commissioner Harman Singh Commissioner Jose Leon Barraza Commissioner Sarah Parkes* (served until May 15, 2023) Commissioner Kelly Kucharski (appointed May 25, 2023) Commissioner Laura Ward* (appointed June 22, 2023) Fresno Arts Council Lilia Gonzáles Chavez – Executive Director* *Cultural Arts Plan Subcommittee The Commissioner, Scott Miller, along with Lilia Gonzáles Chavez, of the Fresno Arts Council represented the Cultural Arts Plan subcommittee throughout the project. Commissioners Maiyer Vang and Sarah Parkes participated on the subcommittee through the end of their service with the Commission. Commissioners Laura Ward and Dr. Francine Oputa replaced Commissioners Maiyer Vang and Sarah Parkes June 26, 2023. City of Fresno Logo Measure P Logo NCAP Logo Fresno Arts Council Logo -3- Table of Contents- TO BE UPDATED DURING DESIGN Acknowledgements 2 Executive Summary 4 Key Findings 5 Goals and Priority Recommendations 6 Background 7 Overview 7 Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax (Measure P) 7 Why a Cultural Arts Plan? 8 About the City of Fresno 10 Demographics 10 Economics 10 Arts and Culture in Fresno 12 Research and Community Engagement 15 Methodology 15 Communication Strategies 15 Foundational Research 16 Community Survey 17 In-Depth Interviews 20 Council District Meetings 21 Local Artist and Cultural Practitioner Engagement 21 Community Meetings 21 Reach 23 Community Voices 24 Vision and Goals 42 Priority Recommendations & Strategies 43 Goal 1: STABILIZE, RESTORE & ACTIVATE 43 Goal 2: POLICY, PLANNING & MUNICIPAL INVESTMENT 47 Goal 3: EDUCATION & DEVELOPMENT 48 Goal 4: CELEBRATE & ENHANCE 50 Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND 52 Implementation 56 Short-term 56 Mid-term 56 Long-term 57 Conclusion 59 Appendix A: Measure P Ordinance 60 Appendix B: Cultural Planning Process 61 Appendix C: Original Data Collection Tools 63 Appendix D: Breakdown of Public Outreach and Input 64 Appendix E: Organizations and Institutions 67 Appendix F: Bibliography 69 Appendix G: Sub-Committee Comment Summary 75 -4- Executive Summary Pride. Promise. Possibility. The local established cultural arts scene is the perfect foundation for a city that is dreaming even bigger. Fresno has the chance to become the model for thriving arts and culture— whether it’s through supporting artists and performers, providing spaces for cultural arts, supporting the multiple community cultural arts festivals,improved funding systems or, simply, getting the word out about the city’s tremendous assets and potential for the future. The people who live in Fresno take that potential seriously. By passing Measure P in 2018, they prioritized expanding access to local cultural arts programs. Measure P also calls for a cultural arts plan, created to help the City of Fresno identify the needs of its cultural arts community and prioritize outcomes and investments. With this plan, the City of Fresno has developed ambitious but achievable goals for cultural arts programs that reflect the city’s cultural, demographic and geographic diversity. The cultural arts plan contains six focused goals to help Fresno achieve its potential and will inform expanded access to the cultural arts grant program. Though the Measure P ordinance does not specifically ask for an implementation timeline, a high-level implementation timeline to keep the momentum moving forward is included to guide how recommendations and strategies can be prioritized with the aid and support of ongoing community engagement. The plan is not designed to be limiting, fixed or a one-size-fits-all set of solutions. Instead, it is a springboard for new ideas, a key to unlock valuable funding, and a vision for how the world will honor and experience Fresno in the years ahead. -5- Key Findings To create this cultural arts plan, the City of Fresno conducted months of research. It was important to interact with Fresnans directly, listen to what residents had to say, and understand what the community wants and needs to achieve its artistic and cultural potential. These are some of the major takeaways that informed this plan: ● Fresno is a unique community, strengthened by its rich diversity and cultural assets. ● Measure P funding is seen as one of the greatest opportunities for the future of arts and culture in Fresno. ● Fresnans look for arts and culture to provide new experiences that help them strengthen connections with loved ones. ● There are barriers to accessing information about cultural arts opportunities. ● Transportation and accessibility are essential to engaging with arts and culture in Fresno. ● The Fresno area has an active artist community—but more support is needed to ensure artists, cultural practitioners and organizations are connected, stable and can thrive. ● Arts and culture support physical and mental health. ● COVID-19 has had a lasting impact on how audiences engage with arts and culture. ● More should be done to increase art in public spaces. ● A sense of safety is important for Fresnans engaging in arts and culture. ● Arts and culture serve as a powerful means to build relationships. ● Cultural arts support the local economy. ● Costs create a barrier to hosting and participating in cultural arts events and programs. ● Fresno’s climate impacts the cultural arts scene. ● Lack of affordable housing, transportation and studio/theater space creates barriers for artists and cultural practitioners. ● Time constraints and schedules impact access to arts and culture in Fresno, especially for youth and seniors. ● Parents and youth are seeking cultural arts programs and events for young people citywide. ● Investment in arts education and apprenticeship programs is important. -6- Goals and Priority Recommendations The cultural arts plan presents six concrete goals that collectively serve the primary purpose of expanding access to cultural arts for all Fresnans. Goal 1: GRANT-MAKING & COMMUNITY ENGAGEMENT Goal 2: STABILIZE, RESTORE & ACTIVATE Goal 3: EDUCATION & ORGANIZATIONAL DEVELOPMENT Goal 4: CELEBRATE & ENHANCE Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND Goal 6: MUNICIPAL INVESTMENTS AND POLICIES TO SUPPORT CULTURAL ARTS Each goal comes with a set of recommendations and strategies for implementation. Recommendations include: ● ensuring accessibility to arts and culture and prioritizing underserved, marginalized and at-risk populations ● developing a grant program that expands upon research with ongoing community outreach and input ● offering cultural arts programming that bridges generations ● creating an events calendar, a map of Fresno’s cultural arts offerings and an online hub ● incorporating arts and culture into neighborhoods across the city ● expanding and further promoting Cultural Arts Districts ● ensuring access to affordable venues and studio spaces ● providing new school-based, after-school and mental health-focused programs ● establishing residency programs, apprenticeships, internships and externships -7- Background Overview Fresno is home to a sizable and talented community of artists and cultural practitioners. In fact, according to surveys collected as part of this plan, nearly 50% of surveyed Fresnans produce or practice art that contributes to the active, proud, and established arts scene in the community. A number of cultural arts events regularly bring together people of all ages and backgrounds. Community gatherings such as the Fresno Armenian Festival, Fiestas Patrias, ArtHop, Reel Pride, Langar Sewa, the Native Youth Summit, the Taco Truck Throwdown and annual Hmong New Year celebration (among many examples) highlight some of the breadth and depth of cultural diversity in Fresno. The findings in this document are the product of hundreds of hours of research, thousands of surveys, in-depth interviews and several community meetings that drew upon the experiences of Fresno’s artists, advocates, organizations, cultural practitioners and everyday people. Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax (Measure P) In 2018, Fresnans voted to support the Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax, more commonly known as “Measure P.” The ballot measure was the work of a diverse coalition of parents, seniors, arts advocates and community leaders who came together to support Fresno’s parks and arts and find a solution to the community’s needs. Measure P established a 3/8-cent sales tax (37.5 cents on every $100) that is expected to raise $38 million per year for the next 30 years. The adoption of Measure P resulted in an ordinance that outlines the ways in which the funding can be used. Measure P funds are allocated for programs and projects that do one of the following: 1. Provide clean, safe neighborhood parks for all Fresno residents 2. Reduce crime and homelessness in parks 3. Update and maintain park bathrooms and playgrounds 4. Reduce graffiti and vandalism in parks 5. Maintain and improve after-school, youth and senior recreational programs 6. Provide job training for at-risk youth and veterans 7. Beautify landscaping and remove weeds and litter along major roads and highways 8. Create parks in neighborhoods that don’t have easy access to parks, including soccer and sports fields 9. Improve walking and biking access to parks and trails, including the San Joaquin River Parkway 10. Expand access to local arts and cultural programs -8- The Measure P ordinance includes expenditure categories that guide how funding can be spent on programs and projects. Expenditure Category One (1) makes funding available to City-owned arts, cultural and recreational facilities located in parks. Expenditure Category Three (3) makes funding available for the planning and delivery of arts projects and programs as part of youth recreation, senior recreation and after-school programming. It also requires programming that provides job training, career development or both to youth, young adults and veterans, including education and/or certification for jobs within the arts. Expenditure Category Four (4) sets aside 12% of the funds made available from Section 7-1504 of the ordinance on an annual basis to invest in competitive grants for nonprofit organizations that support and expand access to arts and cultural programming. A full copy of the ordinance can be referenced in Appendix A. Why a Cultural Arts Plan? The purpose of this plan is to identify a vision for expanding access to arts and culture in the City of Fresno—and develop goals and strategies to implement it. The plan will guide investment of Measure P funding consistent with the ordinance. Under Expenditure Category Four (4), the ordinance requires the City, in partnership with the Fresno Arts Council and other local arts and cultural stakeholders, to develop a cultural arts plan before distributing competitive grants to nonprofit organizations to support and expand access to cultural arts programming. Creating this plan has helped the community outline its needs, clarify its vision for the future, and reflect the desires of its culturally, demographically and geographically diverse community members. The information in this plan will be used to guide and prioritize investment in programs and projects. It also will be used to identify and apply for additional funding opportunities to leverage Measure P, multiplying the resources available to expand access to cultural arts programming in Fresno. Once the plan is adopted, based on the recommendations outlined in this plan and with additional community input, grant guidelines will be developed in partnership with the Fresno Arts Council or its successor local arts agency. With guidelines in place, multiple solicitations will be released, and funding will be allocated annually. A cultural arts plan is also a form of public policy. Policymaking is thus one of the primary tools that can be used by the City of Fresno to expand access to arts and culture. -9- For the purposes of this plan, policymaking refers to two kinds of policies: policies that become part of the Fresno Municipal Code (FMC) through the Fresno City Council legislative process, and policies that are used to guide day-to-day operations and procedures. There currently are various laws, regulations, policies and procedures that influence arts and culture in Fresno. For example, there are policies promoting high-quality architecture and sustainable design in the Citywide Development Code and implementation policies for design, public art and graphic identity outlined in Fresno’s General Plan. On the other hand, there also are policies, such as the recently adopted Artistic Crosswalk Policy, that require the public to follow an outlined process. The cultural arts plan will guide the development of both kinds of policy—policies that become part of the FMC and policies that are used to guide day-to-day operations. -10- About the City of Fresno The land on which Fresno now sits is the traditional territory of the Yokuts and Mono people. Nestled in the San Joaquin Valley, Fresno is the fifth-largest city in California and the 35th largest in the United States. More people than ever call Fresno home; its population has been growing steadily for decades. In 2021, the city reported 537,100 residents within city limits, up 8.58% from the 2010 census, making it the most populous inland city in California. Fresno’s semi-arid climate allows for year-round events and activities; however, periods of prolonged drought, poor air quality and temperatures well in excess of 100 degrees impact participation in cultural arts activities. Demographics Fresno is home to ethnic and culturally diverse communities. Many groups have thrived socially and culturally, enriching Fresno with their talents, perspectives, and unique arts and cultural activities—even in the face of historical and systemic obstacles. According to the U.S. Census, Hispanic and Latino community members, many from Mexico, comprise half of the population, 7% of people identify as African American or Black, 24% identify as White, 14% identify as Asian, 0.6% identify as American Indian and Alaska Native, and 0.1% identify as Native Hawaiian and Other Pacific Islander. Census numbers do not fully represent Fresno’s rich diversity. The city’s Indigenous population is composed of many tribes. Fresno is also home to some of the largest Hmong, Armenian American and Punjabi communities in the nation. Community members originating from all over the world enrich Fresno by sharing their heritage, customs and values. Fresno’s diversity can be further observed in the demographics of children and youth ages 0 to 17. -11- Estimated percentage of the child population ages 0-17, by race/ethnicity in the City of Fresno Data Source: Kids Data: Child Population, by Race/Ethnicity (2014-2018) Economics Agriculture and related industries are the economic driver of the local economy. Data from the Fresno County Farm Bureau (FCFB) indicates that much of America’s produce is grown in California’s Central Valley. According to the FCFB, farmers in Fresno County raise more than 300 different crops, contributing $8.08 billion to the California economy and supporting 20% of all jobs in the Fresno area. Based on FCFB estimates, every $1 generated on the farm produces another $3.50 in the local and regional economy. According to the Bureau of -12- Labor Statistics, Fresno’s top non-farm industries are: education and health services; trade, transportation and utilities; government; leisure and hospitality; professional and business services; manufacturing and construction. In Fresno, surveys conducted as a part of this planning process indicate that 6% of respondents derive their primary source of income from their art. Although considered part of the leisure and hospitality sector, cultural activities contribute to economic vitality across many industries. Many forms of artistic and cultural expression are included in careers such as marketing, graphic design, engineering, journalism, architecture, landscape architecture, web design and education. The City of Fresno’s unemployment rate is higher than state and nationwide rates, but significantly lower than historical trends. According to the California Economic Development Department’s January 2023 report, the unemployment rate in Fresno County was 6.2% in December 2022, down from 6.6% in November 2022 and below last year’s estimate of 6.9%. While local unemployment is higher than the unemployment rate in California (3.7%) and nationwide (3.3%) during the same time period, these values represent some of the lowest unemployment rates in the last two decades. When compared to the state of California, Fresno households are slightly larger (3.1 persons) than average (2.92 persons). The average household income in Fresno is $47,746. That figure is 44% lower than the state average of $84,097. As a result, Fresnans have relatively less disposable income, illustrating the need for low- to no-cost cultural arts events and programming. According to the 2021 American Community Survey, 26% of the population 25 years and older in Fresno had a bachelor's degree or higher, compared to 36% of people in the state of California. This demonstrates the need for various forms of educational opportunity and is consistent with community voices that highlighted the need for access to education. -13- Cultural Arts in Fresno The diverse artistic talents and cultural practices of the people who call Fresno home are too numerous to count. Art includes many forms of expression: animation, painting, sculpting, architecture, literature, music, film, song, dance, Phulkari, spoken word, theater, poetry, sculpture, textiles, sewing, quilting, mosaics, origami, collage, Paj Ntaub, basketry, beadwork, calligraphy, pottery, digital art, fashion and film. It is important to acknowledge that some of the communities that produce these works have had to overcome historical and systemic inequities that have limited their visibility, hindered their impact and restricted their growth. According to the 4,024 respondents from the community survey, Fresnans participate in many arts and cultural activities: 53% Live music 46% Visual arts 42% Cultural celebrations 28% Theater 27% Dance performance 12% Other -14- Arts and culture in Fresno are closely connected to agriculture. For many people, their livelihood, sense of self, community, traditions and civic pride are related, at least in part, to agricultural practices, which create a fertile environment for artistic and cultural expression. This connection is reflected in the works of art on display at local museums, in murals and compositions. Fresno is home to established and emerging cultural arts organizations of all sizes. The city also is known as an inspirational place for artists, writers and poets (including California’s Poet Laureate, Lee Herrick, and national Poets Laureate, Philip Levine and Juan Felipe Herrera), famous stage performers like Audra McDonald, or novelists and playwrights such as William Saroyan. The term “culture” or “cultural arts” is defined by the Alliance for California Traditional Arts (ACTA) as: “a part of the cultural life of a group or people whose members share a common -15- heritage, language, religion, occupation or region. These expressions are deeply rooted in and reflective of a community’s shared standards of beauty, values and life experiences. Traditional arts are often passed on from one generation to the next, or from one community member to another, and express a collective wisdom, rather than only a unique personal aesthetic.” The ACTA further recognizes that, “… traditional arts have been brought to California from other countries or regions and have taken root … to become interwoven with the state’s cultural landscape and identity ... Japanese bonsai; Cowboy poetry; Hmong reverse appliqué embroidery; Mexican corridos (ballads) and mariachi music; African American quilts; Native American basketry, ceremonial regalia construction and ritual music/dance; South Indian Bharata Natyam dance; Western saddle making; Chinese qin instrumental music; Portuguese fado singing; Native Hawaiian Kahiko Hula chant and dance; and Filipino rondalla music ensembles are but a few of the many hundreds of distinctive forms found in this tremendously diverse and culturally rich state [of California].” It isn’t feasible to define or describe a singular cultural arts identity for Fresno—doing so would oversimplify the unique and distinct traditions of the many cultures that enrich the city. Each member of the community contributes to a dynamic expression of pride and possibility that shapes the active and established local arts scene, which is rich with public art displays, arts education centers, museums, studios, cultural centers, art galleries and more. The cultural arts are the artistic manifestation of culture, presented through various artistic disciplines. Throughout the plan, the term “cultural arts scene” will be used to refer to places, spaces and activities that shape arts and culture in Fresno. -16- Research and Community Engagement Methodology Researchers used a mixed methods approach and multichannel communications strategy to collect the perspectives of Fresno’s various communities. A mixed methods approach uses surveys, interviews, community meetings and more to gather both quantitative (numerical) and qualitative (experience/opinion) data. Many methods were used to seek firsthand insights from artists, advocates, community members, cultural practitioners and organizations. A multichannel communications strategy was also developed and implemented to ensure transparency and increase community awareness and participation in the planning process. The methods used to reach, collect input and learn from the community are discussed below. Communication Strategies Before collecting data, research and communications plans were developed (Appendix D) to ensure all approaches collected the perspectives of Fresno’s multifaceted community. Through focused messaging and outreach efforts, the City of Fresno encouraged the community to take a public survey and participate in community meetings. A communications plan laid out strategies for increasing awareness of the cultural arts plan and inviting participation in the process. Three sets of strategies were used to introduce the planning process, create interest, invite community participation and develop community engagement opportunities: ● weekly social media posts on Instagram and Facebook promoting the survey and community meetings ● a cultural arts page on the City of Fresno’s website to explain how community members can engage in the process ● emails to lists including the Fresno Arts Council and other stakeholder groups to share updates and information The remaining strategies focused on inviting community participation in the surveys and community meetings, including: ● Flyers distributed at two ArtHop events, as well as 18 City of Fresno community centers serving youth and seniors. ● Flyers posted at 10 public library branches. -17- ● Working with local schools to make parents aware of the survey through “Peachjar”, the online application used for sending flyers home to parents and guardians. ● Door-to-door ambassadors, who canvased neighborhoods, attended community events, and distributed flyers and posters. To gather input from Fresno’s diverse population, the City worked with two community-based organizations: Reading and Beyond and the Southeast Fresno Community Economic Development Association. These organizations went door-to-door, distributing flyers in multiple languages that promoted the survey, community meetings and information about the plan. They also conducted outreach to residential households, businesses and events. A total of 9,000 flyers were distributed. ● Paid advertising and marketing, including print, digital, radio and social media advertising on Valley Public Radio, Univision, Munro Review, Fresno Bee, Vida en el Valle and the Fresno Business Journal. ● Paid printed advertisements citywide on FAX buses. ● Signs and banners displayed at arts and culture venues in the city, such as the Fresno Chaffee Zoo and Gazebo Gardens. ● Paper surveys and lockboxes, placed at partner organizations, community centers and various events. ● Conversations with local artists and cultural practitioners about Fresno’s cultural scene and their vision for the future ● In-person and virtual community meetings to gather input and build trust. The survey opened on Sept. 22, 2022. Communication materials were offered in English, Hmong, Punjabi and Spanish. After completing the online survey, participants were able to upload a piece of original artwork or writing that could be featured in the final plan. Foundational Research Over the course of six months, researchers reviewed plans from similar cities, consulted sources that could provide context on the area and its culture, developed a communications strategy and plan, interviewed key community stakeholders, created an online survey and conducted community meetings. To get an accurate pulse of Fresno’s arts and cultural scene, researchers consulted 100 sources of information, including: ● scholarly books and articles ● websites ● government reports ● historical documents ● news stories ● presentations ● in-person conversations ● demographic data ● cultural plans from several peer cities of a similar size and demographic -18- The research team brought the information together in a complete bibliography (Appendix F). Several themes proved consistent across multiple sources addressing historic social, cultural and economic trends (Appendix B). Community Survey From July-October 2022, an online survey (Appendix C) was developed and deployed to better understand the ways community members engage with arts and culture. The questionnaire was designed to be completed in 10–15 minutes and was open to the community for four weeks. The survey’s score-based quantitative and short-answer qualitative questions were developed through conversations with Fresno’s artistic and cultural stakeholders. The survey was made available in English, Hmong, Punjabi and Spanish. Prior to distribution of the materials, native speakers of each language reviewed and provided feedback. Additionally, to ensure the city’s demographic makeup was accurately reflected, the final section of the survey asked a series of optional demographic questions. Data collected about the respondents’ race, gender, age, income and home ZIP code ensured outreach efforts could be adjusted to achieve a representative sample. -19- Under 18: 5% 18-24: 10% 25-34: 18% 35-44: 21% 45-54: 17% 55-64: 13% 65 and above: 20% American Indian or Alaska Native: 2% Asian: 9% Black or African American: 6% Hispanic, Latino/a or Spanish Origin: 47% Middle Eastern or North African: 1% Native Hawaiian or Other Pacific Islander: 1% White: 30% Other: 5% -20- 93702: 19% 93727: 11% 93725: 8% 93711: 5% 93704: 5% 93720: 4% 93722: 3% 93710: 3% 93726: 2% 93728: 2% 93705: 2% 93703: 2% 93619: 2% 93706: 2% 93611: 2% Less than $20,000: 22% $20,000 to $34,999: 16% $35,000 to $49,999: 14% $50,000 to $74,999: 15% $75,000 to $99,999: 12% Over $100,000: 21% -21- Female: 64% Male: 35% Non-binary: 1% In-Depth Interviews In-depth, semi-structured interviews were conducted with 18 individuals from a cross section of Fresno community members, artists and cultural practitioners. The City of Fresno, the Cultural Arts Plan Subcommittee, local foundations, universities and artistic organizations helped create a preliminary list of people who could be interviewed. Researchers worked to ensure the pool of interviewees reflected the diversity of Fresno’s community. Interviews were conducted in English with the option of having the questions provided in the interviewee's native language. On-site interpreters were available as needed. Interview responses were anonymized, transcribed and coded, allowing the research team to find themes that were articulated in multiple conversations. This analysis helped develop the community survey, informed the agenda for community meetings, and informed the findings and recommendations included in the plan. -22- Council District Meetings Virtual, one-on-one listening sessions were conducted with Fresno City Council districts. During these conversations, council district representatives described the demographic makeup of their districts, shared arts and cultural practices in their communities, identified their district’s strengths and challenges, and shared suggestions to expand access to arts and culture. Local Artist and Cultural Practitioner Engagement During in-depth interviews, conversations with City of Fresno employees, Council district meetings and foundational research, the research team received numerous recommendations for additional local artists and cultural practitioners who could provide details about the city’s arts and cultural scene and helpful context to craft a vision for Fresno’s future. Communications and invitations to connect were sent to nearly 100 people, including representatives from seven educational institutions, representatives from advocacy and nonprofit organizations, local artists, musicians and writers. Twenty-four (24) people agreed to provide anonymous input through a five-question, open-answer feedback form (Appendix C). This feedback was coded and analyzed to identify the strengths, challenges and recommendations highlighted in this plan. Community Meetings The City of Fresno hosted six in-person meetings and two virtual community meetings. Each event was free and open to the public. In-person events were located at local schools or community centers that were accessible by public transportation. Hmong, Punjabi and Spanish interpreters were available at each event, and all event materials were made available in English, Spanish, Hmong and Punjabi, allowing attendees to respond to prompts in their preferred language. Activities for children and food were provided to reduce barriers to participation. One of the meetings was specifically focused on gaining the input of a youth audience. To reduce barriers to attendance, youth were provided with transportation through collaboration with the Youth Leadership Institute. Community meetings reached a total of 175 community members with 120 joining the in-person sessions and 55 joining the virtual sessions. Twenty attended the youth session. The sessions were live streamed on CMAC’s Facebook page, which brought an additional 1,390 views. The in-person sessions were held on: ● Oct. 24, 2022, 6–8 p.m., Fresno High School ● Oct. 25, 2022, 6–8 p.m., Roosevelt High School ● Oct. 26, 2022, 6-8 p.m., Edison High School ● Oct. 27, 2022, 6-8 p.m., Vinland Elementary School ● Nov. 2, 2022, 6-8 p.m., Virtual ● Nov. 3, 2022, 6-8 p.m., Pinedale Community Center -23- ● Nov. 8, 2022, 6-8 p.m., Virtual ● Nov. 9, 2022, 6-8 p.m., Ted C. Wills Community Center (Youth-focused Meeting) Community meetings created a space for attendees to provide their feedback and input for shaping the future of Fresno’s cultural arts environment. Meeting facilitators encouraged open dialogue and discussion and led brainstorming activities, both in small groups and as part of larger group conversations. Reach ● Implementation of the communications plan resulted in more than 1 million impressions in the Fresno community during the four-week period the survey was open. ● More than 4,000 survey responses were received. ● Advertisements on 114 FAX buses resulted in nearly 730,000 impressions. -24- ● 700+ stakeholders received a series of eight emails resulting in 5,600 impressions. ● The Measure P Cultural Arts Plan webpage received 5,300 visits (3,900 unique visitors) in the month of October; visitors averaged more than five minutes on the page. ● Messaging resulted in more than 450,000 impressions across The Fresno Bee, Fresno Business Journal, Vida en el Valle, Valley Public Radio, Munro Review and Univision, resulting in nearly 2,000 clicks. ● Door-to-door outreach resulted in collection of more than 1,000 hard copies of the survey. ● A total of 120 people attended in-person community meetings, of which 20 attended the youth-focused community meeting. Additionally, 55 attended virtual meetings, and 2,800 comments were received and categorized into 194 themes by community members. -25- Community Voices The following detailed findings were distilled from a robust research and outreach program involving foundational research, in-depth interviews and multichannel public engagement efforts. Multifaceted and extensive, the findings spotlight the needs of the local cultural arts scene as well as how Fresnans aspire to expand access to arts and culture. The following subsections are conclusions drawn from those responses and additional foundational research. Fresno is a unique community, strengthened by its rich diversity and cultural assets. There are numerous arts institutions, nonprofits and cultural groups located in Fresno that have a history of serving the community and have laid the foundation for cultural arts in Fresno. In fact, 70% of artists and cultural practitioners whose feedback we solicited (n=24) shared that Fresno’s cultural arts scene is anchored by several long-standing organizations, and that any cultural arts plan should make sure established institutions are supported and celebrated, while encouraging new organizations to take hold. Institutions such as the Fresno Art Museum, Fresno Arts Council, African American Museum, Armenian Museum, Arte Américas and more have remained a constant access point for cultural arts in Fresno. One of the city’s greatest assets is its diversity. One-third (1/3) of artists and cultural practitioners who shared feedback cite Fresno’s cultural diversity as one of its most important and cherished assets. People of all ages, abilities, identities, backgrounds and cultures live in Fresno. "Stories & experiences & history of our ancestors are living and breathing within us, not in a textbook or through an observer or a colonizer's lens. We carry within us traditions and creative expression through dance, poetry, muralism, hand crafts & festivals.” – Fresno Arts Practitioner Existing organizations have worked to highlight artists from a variety of nationalities and backgrounds, uplift marginalized communities and host cultural exchange events for the public. Whether these organizations have a long-standing presence in the community, such as Arte Américas, or have recently emerged, such as African Drum Interactive, their efforts have provided expanded access to arts and culture. Throughout foundational research, -26- interviews and conversations with community practitioners, institutions and events such as the Hmong New Year, African Drum Interactive drumming circles, Roger Rocka’s, Juneteenth Festival, Chinese New Year, Arte Américas, Greek Festival, Armenian Museum, African American Museum, Fresno Rainbow Pride Parade and Festival, Polynesian Dance, Fresno Chaffee Zoo, and ArtHop were frequently mentioned for the opportunities they provide community members to engage with many forms of arts and culture. Community meetings held across Fresno made it clear that the larger community is a patchwork of vibrant cultural areas. The city has undergone a recent demographic evolution that has positioned it as a metropolis made up of many different communities and cultures. As a result, residents who identify as Hmong, Punjabi, Armenian, African American, Latino or of another ethnicity bring rich, varied perspectives to the table. Destinations including the Tower District, Mural District, Fulton Street, Chinatown, Storyland and the Fresno Water Tower are just a few of the iconic representations of local arts and culture. The City of Fresno also has many assets, including theaters, that provide spaces for events and gatherings, among them the Tower Theater, Veterans Memorial Auditorium, and the Fresno Convention and Entertainment Center, which includes four venues: the Selland Arena, the Saroyan Theatre, the Fresno Convention Center and Valdez Hall. Other City of Fresno venues often utilized for outdoor events include the Rotary Amphitheater at Woodward Park and the Cultural Arts District Park. The Cultural Arts District Park is located in downtown Fresno and features an interactive lighting installation that creates a dynamic atmosphere. While listing all of Fresno’s existing cultural arts assets is outside of the scope of this plan, it must be acknowledged that the community includes a number of historic art installations, structures, neighborhoods and arts institutions that have laid a foundation for cultural vibrancy. “You won’t find Hmong poetry as vibrant anywhere else in the country as perhaps here.” The community actively participates in a wide range of programs, events and groups, and there is interest in a variety of cultural arts activities. Survey responses highlighted hundreds of events and activities that the community participated in within the last six months. Examples include: Fresno Master Chorale, Fresno Philharmonic, Kearney Pirate Faire, lectures and art exhibitions, art classes, Art Hop, the Van Gogh exhibit, Summer Arts, Art of Life Healing Garden, Shinzen Gardens, Flamenco Dance, Hmong New Year, African Drum Interactive Drum Circles, Tai Chi, Block Parties, Town Hall lectures, literary events, Car Shows, the Greek Festival, the Fresno Art Museum, Fiestas Patrias, hula dance, Polynesian dance, live performances, theater, the Koi show and concerts. Several respondents indicated their involvement was tied to churches, schools or other public spaces such as parks. Survey data suggested a particular interest in literature, whether in print or through audiobooks and podcasts. An interest in film also emerged, with 40% of respondents indicating they go to -27- the movies at least once per month or more. Overall, survey responses suggested that Fresnans participate in actively attending cultural arts activities as well as passively enjoying arts and culture by viewing murals and sculptures on the street. Foundational research identified a wide variety of activities currently available for adults and families, ranging from participation in arts through the Fresno Summer Orchestra Academy and Bhangra Dance Competitions, to enjoying live music as part of a Norteño Concert, Gazebo Gardens or Fresno Street Eats. Measure P funding is seen as one of the greatest opportunities for the future of cultural arts in Fresno. “In many ways, it’s Fresno’s arts renaissance. We will be able to bring back many of the programs we lost. We are at the precipice of creating new opportunities in the arts.” Measure P will infuse much-needed investments into arts and culture in Fresno. As a result of Measure P, the City of Fresno will have the ability to expand access to cultural arts programming and projects. In both in-depth interviews and the feedback received from artists and cultural practitioners, Measure P funding was cited as one of the greatest opportunities for the future of cultural arts in Fresno, a clear indication that the ordinance brings forth the much-needed dedicated funding for cultural arts that has been missing. At community meetings, participants were asked what the City could do to help expand access to arts and culture in Fresno. Responses included providing funding, prioritizing investments, and promoting and celebrating cultural arts through programs and projects. While Measure P is one source of financial support, to achieve all that this plan outlines and to sustain a robust cultural arts environment, more funding sources will need to be explored. The Measure P funds, in turn, serve as a way to advance organizations and programming, as well as establish a foundation and gateway for exploring additional state, national and/or private-public funding opportunities. “Funds will also help establish community and diversity as the basis of Fresno's cultural identity, and will facilitate more inclusive and impactful collaboration between organizations.“ -28- Fresnans look for cultural arts to provide new experiences that help them strengthen connections with loved ones. Fresno’s culture is vibrant, varied and treasured by its residents, artists and cultural practitioners. Existing art reflects the diverse people who make it and the communities they live in. As a result of more than 2,800 community meeting responses and 18 in-depth interviews, community members expressed pride in their identities, indicating that they utilize the arts to connect with one another and build relationships with others. Surveys show that locals are highly engaged with arts and culture, whether they create it or consume it. Nearly half of people surveyed (n=3,981) have participated in live music or visual arts activities in the last six months. Fresnans report the use of arts programming to cultivate new experiences or learnings (48%), spend quality time with loved ones (47%), engage with their local community (39%), and celebrate their own (38%) or other people’s cultures (34%). There are barriers to accessing information about cultural arts opportunities. At meetings and in survey responses, Fresnans expressed a widespread desire for arts and cultural organizations to share more information with the community, especially as the cultural arts plan is implemented over time. Open-ended survey responses mentioned a lack of promotion on social media for cultural arts events and cited a need to share posts on Facebook and Instagram to reach audiences who may prefer one platform over the other. In the early stages of this plan’s development, the existing Measure P website saw more than 5,000 visitors during a one-month period and nearly 4,000 unique visitors. These metrics further indicate an interest in accessing web-based information for Fresno’s cultural arts offerings. Additionally, in community meetings and in-depth interviews, Fresnans frequently noted that there was no single source they could reference to learn of all the cultural arts activities and offerings available. It was expressed that closure of the Fresno Bee’s Arts and Culture section left a gap in traditional media coverage that members of the community still feel today. Limited awareness about cultural arts information was reflected in survey responses as well. More than 154 survey respondents indicated (using open-ended responses) that they lack information about programming and opportunities to engage with arts and culture, often learning of events “after the fact.” One response summarized the -29- sentiment of many, stating “[I] find out about them [cultural arts events] after they are over and wish I could have attended.” Foundational research indicated that there are several active event calendars available online, including those produced by the Downtown Fresno Partnership and the Fresno County Convention and Visitors Bureau. Both organizations currently provide a calendar of events and identify local cultural arts attractions. Despite these tools, feedback explicitly expressed in open-ended community survey responses stated that there is no singular source of event information available and no directory or hub that identifies artists and cultural practitioners. Developing a comprehensive directory was also a theme among group discussions during the community meetings. “It is hard to access information about when events are taking place. I miss things because I never heard about them. We need a clearing house/regular forum for events. Other large cities have pink sections of the local paper where events are posted,” said one survey respondent. Although arts and culture are abundant in Fresno, information is siloed. As the City of Fresno moves forward with implementation of this plan, it is important, as the community noted, that it maintains direct and responsive engagement with arts and cultural organizations and individuals in the community. A review of other cultural plans revealed that several cities— including Boston, Massachusetts; Chicago, Illinois; Denver, Colorado; and Sacramento, California—recognized the importance of designating an arts and culture-focused individual and/or department to answer questions and connect communities with cultural event opportunities. Further compounding the issue, cultural art practitioners whose feedback we solicited (n=24) indicated that arts organizations struggle with visibility and audience-building (22%), despite an extensive and diverse arts ecosystem (100%). Other cities have successfully implemented a centralized online hub for cultural arts information. For example, Sacramento maintains a public arts database, Sacramento365, which highlights all of the community’s public works and events. This digital hub houses funding information, performance information and more. Visibility is also limited for existing city assets, including murals, sculptures and the Cultural Arts District. Foundational research revealed a lack of awareness about Fresno’s current Cultural Arts District. People at community meetings and participants in in-depth interviews voiced a desire for the dedication of formal districts. As an added challenge, organic web results fail to consistently identify one area of the city as the Cultural Arts District. Fresno can address this challenge by identifying, designating, and uplifting several burgeoning Cultural Arts Districts throughout the city. The City of Las Cruces, New Mexico, demonstrated that investment in such districts can be highly successful. When it designated its district, Las Cruces saw increases in tourism, local pride, and participation in arts and culture activities (Cook, 2020). With the right strategies in place, Fresno’s Cultural Arts District can achieve the same goals. -30- Transportation and accessibility are essential to engaging with cultural arts in Fresno. The City of Fresno’s geographic expanse (115 square miles), periods of extreme heat and poor air quality create obstacles around access to arts and culture—especially for senior audiences. Across multiple community meetings and in many interviews, expanded walking and biking routes, coupled with walkability improvements to better access cultural arts opportunities were repeatedly requested. The city’s community survey revealed that Gen Z (born between 1997–2012), Latinos and people with incomes below $50,000 are less likely to attend events that can’t be accessed easily by foot and/or public transit. The location of existing events also posed challenges for the community. For example, when discussing ArtHop, several practitioner feedback forms and community meeting responses mentioned how the event is held downtown—making it difficult for residents from other neighborhoods to attend if they cannot afford transportation or have an easy way to access the area. There was a very clear need to further enhance the transportation system to expand access to arts and culture in Fresno, including active transportation and public transit. While downtown acts as a central location for cultural arts, these should be infused everywhere to meet the cultural, demographic and geographic diversity of Fresno. The Measure P ordinance states, “Grants funded … shall prioritize organizations and programs that support and expand diverse public or youth engagement and equity.” Comments at the community meetings reflect the importance of this: “Making sure the outreach reaches everyone equally." “I think what makes Fresno’s arts community amazing is its diversity.” Accessibility was also cited as a barrier by many seniors and people with limited mobility. They identified that walking long distances or navigating facilities with mobility devices like canes or wheelchairs is difficult. Examples of survey comments that identified accessibility as an issue, included: “I'm disabled and some venues are not easily accessible” and “Not often easily accessible for disabled, sometimes seem too exclusive, would love to see more family-friendly/sensory-friendly times/venues and more inexpensive entries with more opportunities to support artists directly. ” -31- The Fresno area has an active artist community—but more support is needed to ensure artists, cultural practitioners and organizations are connected, stable and can thrive. Fresno is home to many artists; 44% of survey respondents self-identified as someone who produces or practices art, and 27% of these self-identified artists (12% of all respondents) reported regularly earning an income from their artistic work. 14% of self-identified artists (6% of all respondents) rely on their art as a main source of income. In addition to artists, the cultural arts community encompasses large, well-established organizations and smaller emerging organizations. Many feel Fresno’s art institutions only represent or showcase certain communities, creating a stratified scene and leaving underserved groups (primarily communities of color) on the outside looking in. Despite the desire to network and collaborate, research conducted for this plan uncovered repeated concerns about the lack of cohesion within Fresno’s cultural arts sector. Multiple organizations provide support to local artists and organizations. They should be encouraged to continue these efforts, with a focus on emerging nonprofits such as those that have formed within the last 10 years. In-depth interviews and practitioner feedback revealed that groups serving communities of color often do not receive the same level of resources or widespread support as those that serve predominantly white communities. Prioritizing relationships with organizations that primarily serve marginalized and underserved communities could serve to reduce this. “There's a perception amongst the community of some of the communities of color here that art is not a place for them. Like they're not welcome in these spaces … or we feel out of place in these spaces. We don't feel like this is a place that welcomes us.” Artists communicated a desire to build relationships with one another, but lacked opportunities to do so. Local artists feel an absence of financial support and communicate that the assistance that does exist is often composed of one-time grants, frequently won by established “high-arts” organizations. In community meetings, artists expressed frustration that expanded access to arts and culture grants is restricted to nonprofit organizations as required by the ordinance. -32- Organizations face similar challenges. Multiple in-depth interviews and practitioner responses showed a common interest in collaboration, relationship building and connectedness. However, many groups said they have been unable to focus on long- lasting relationships with organizations sharing similar objectives and interests because of a lack of consistent resources. It was communicated that limited grant opportunities, the competitive nature of requests for proposals and other funding structures create barriers to collaboration. Fresno’s cultural arts organizations clearly communicated a need for support, including funding. Many interviewees expressed the need to operate on shoestring budgets to pursue their goals, while coping with the impacts of vandalism and deferred maintenance. 14.4% of these interviewees emphasized the need for money and funding for all institutions, artists and organizations in Fresno. Some in the community feel the city’s art institutions only represent certain communities and do not engage enough with underserved communities. Local artists feel an absence of financial support. Nontraditional arts groups and communities of color feel they have to rely on personal funds to stay afloat. Without more government support, local organizations say the community becomes more segregated and stratified, more heavily influenced by wealthy patrons who can afford to donate money to the organizations they care about most. While Fresno has an impressive breadth of cultural arts practitioners and organizations (as reported in in-depth interviews and artist and practitioner surveys, as well as indicated in foundational research), financial constraints, staffing shortages and geographic barriers prevent them from working together. Organizations and individual artists do not have the resources to focus on collaboration, community building or pursuing new connections when they operate in “survival mode.” Many local artists and emerging organizations (groups with an annual budget under $500,000) communicated the need for additional resources to sustain themselves and their operations. More support is needed to ensure artists, cultural practitioners and organizations can thrive. This support can be offered in the form of grant funding and technical assistance to obtain and manage additional sources of funding. Both grants and capacity building were identified as critical to artists or organizations that have not historically had access or experience managing grant revenue. “As we strengthen arts organizations, we also strengthen individual artists because now organizations can hire and can access individual artists and can commission their works.” Arts and culture support physical and mental health. A 2019 World Health Organization report found that participating in arts and cultural activities can have a significant positive impact on mental health and overall well-being -33- (Fancourt and Finn, 2019). Supporting cultural arts organizations that work directly with at- risk youth, veterans, seniors, justice-involved populations, etc., can extend these benefits to the groups that need them most. There are many opportunities, such as art classes, museum visits and performances, that can be designed specifically for these populations. When building these programs, it is important to rely on the models of outreach programs already in place in Fresno (such as the Fresno Art Museum and Arte Américas), and to partner with non-arts entities that are already serving these groups. Participation in arts and culture is expressive and reflective, with activities that support mental health and well-being. Arts and culture also provide an outlet and sense of connection with others. Twenty-six percent (26%) of survey respondents chose "for physical and mental health" as one of the top reasons why they engage with cultural arts. Local events such as ArtHop feature local artists and consistently draw large crowds. This level of interest, paired with Fresno’s large, diverse cultural expression, lends itself to tremendous potential for incorporating cultural arts into educational, mental health and public health programs. Studies reviewed as part of foundational research indicated that art can be used as a form of therapeutic intervention for veterans, individuals undergoing cancer treatments and individuals who have been formerly incarcerated (Elimimian et al., 2017; Tiret, 2017). There are distinct ways in which physical health and wellness also interact with arts and culture. Cultural arts activities promote physical activity through walking, dance and other exercises that strengthen mind-body connections such as tai chi. COVID-19 has had a lasting impact. COVID-19 has affected artists, organizations, events and the way individuals choose to participate in arts and culture. As shared by one community member, “Covid was certainly a showstopper.” COVID-19 has had a negative impact on local artists, who communicated that they are still trying to recover from the effects of the pandemic. Many organizations shared that they are still working to rebuild audiences, which declined as a result of the pandemic. Many survey respondents indicated that ongoing concerns about COVID-19 impeded their ability to participate in arts and culture. Several reported not feeling comfortable returning to their prior participation. Outdoor and remote events were identified as a way to reduce risks and engage more people. Based on survey responses, 56% of Fresnans would like to see more cultural arts activities offered virtually. “Lately I want outdoor events only.” “I'd like to attend all of these, but Long Covid/Autoimmune issues prevent me. I'd like opportunities to enjoy them online.” -34- More should be done to increase art in public spaces. “I hope that we just have more public art installations, where I don't have to make time to go to an event, per se, but will just see them driving by or walking around.” While there is a strong presence of art throughout Fresno in the tower district and mural district, feedback at community meetings indicated that residents desire more. The various community meetings revealed an often-voiced desire for increased artwork throughout the city. During the community meetings, community members frequently recommended increasing the number of murals as a way to add to neighborhoods and uplift the community. Specific comments during community meetings mentioned the ways additional art can help beautify neighborhoods and strengthen communities, uplift individuals, and bring awareness to the various identities in different communities. Multiple interviewees cited the importance of Fulton Street as a location for public art—as well as the need for increased installations throughout Fresno. Foundational research outlines the many benefits of public art. Public art increases visibility for artists, allows community members to access arts in a variety of ways and boosts the overall city appearance. For example, other cultural arts plans outline the ways public art can help revitalize communities and make neighborhoods more inviting. Cultural plans in Chicago and Oakland include a specific designation of funds for the installation and maintenance of public artwork. These plans discuss the ways public art can contribute to a sense of identity at the city level. Practitioner feedback also highlighted the desire to maintain current installations and the value these add to the community in terms of exposing residents to art. Both interviews and practitioner feedback included ideas for real estate developers to partner with local artists when building new businesses in the area as a way to spread public art throughout the city. Fresno City Hall has long featured local artists on its walls, thanks to the efforts of the Fresno Arts Council (Matlosz, 2007). During community meetings held to develop this plan, community members consistently failed to acknowledge this location as a place to interact with or view the arts. While the space has been successful in featuring a variety of artists, the Fresno Arts Council can work with community members to attract new viewers and maximize the number of artists featured. -35- Activating public spaces across all neighborhoods is another way to bring art to the community and is commonly called placemaking. Placemaking refers to designing spaces that represent, engage and attract the community. According to the American Planning Association, successful creative placemaking highlights unique community characteristics. Projects can focus on connecting local history with the present, bringing cultural influences into the spotlight and creating new traditions. It builds connections between people and places by encouraging collaboration and visualization. Whether in the form of additional murals, painted utility boxes, or other public opportunities to showcase creative expression, arts in public spaces can contribute to expanded access to arts and culture in Fresno. An example of the way other cities have expanded access to art in public spaces comes from Oklahoma City’s Cultural Arts Plan, which recommended incorporating arts into its Master Parks System to involve people of all ages. In the years since its adoption, the subsequent Arts in the Park initiative has provided regular arts programming to Oklahoma City’s youth and earned the city national media attention for successfully distributing public art in the community (Lackmeyer, 2022). A sense of safety is important. More than 23 respondents in the community survey explicitly mentioned safety as a top barrier for them to engage more with cultural arts in Fresno. Respondents used the open- ended text space in this question to express this concern. Responses related to safety indicated a request for better lighting, parking and increased security to create a sense of safety at venues, events and in the surrounding areas. “Best thing is to revitalize downtown so we feel safe going down at night. Art Hop is great but lighting and parking need improvement.” Arts and culture serve as a powerful means to build relationships. In its many forms, art can provide a chance for people to learn more about one another and share experiences in a meaningful way. This is especially important given the historical -36- legacy of segregation, red-lining and other discriminatory policies across cities in California. As the community takes steps to heal and address injustice in all forms, cultural arts offer powerful ways to bring people together. Whether the art in question is a drawing, poem, dance or homemade dish, every creative medium reveals something about the person behind it. Cultural arts practitioners interviewed as part of this planning process believe cultural arts can bridge divides. Interview respondents identified that arts can help open dialogue across groups. An example of this can be found in the way in which the National Gallery of Art uses art as a medium to open dialogue on race in America through a variety of art lessons and activities offered as a part of its “Uncovering America” series. Participants at the youth community meeting expressed the ways in which cultural arts can bring people together to “help combat prejudice, stereotypes and racism.” When asked about the importance of arts and culture, approximately 14% of youth responses spoke about equitable representation and ensuring that everyone across all backgrounds, especially LGBTQ+ and Indigenous populations, was properly acknowledged and supported through cultural arts. Cultural arts support the local economy. “I believe a thriving arts community creates a thriving city.” Foundational research indicated that existing cultural events, such as the Danzantes Unidos Festival and the Bhangra Dance Competition, draw thousands of individuals to Fresno for multiday events. These events provide space to learn and celebrate culture and have a positive economic impact on the local economy—particularly for the local hotel and restaurant industries. Community meeting attendees expressed a desire to bring more events, installations and art exhibits to Fresno to minimize the need to travel to Los Angeles or the Bay Area in pursuit of cultural arts activities. Costs create a barrier to hosting and participating in cultural arts events and programs. Findings indicate that there are cost barriers for artists, cultural practitioners, organizations and the community. Many cultural organizations in particular struggle to receive the same level of financial support as arts groups and organizations. Practitioner feedback and in- -37- depth interviews revealed a lack of access to the arts for those living in poverty. These barriers are, in part, related to admission costs and programming fees, which many lower- income families cannot afford. Community surveys also indicated that fees and other costs prohibited some organizations from holding events. For example, one community member shared that “some groups don't have public performances or presentations because they can't cover operations costs.” As part of community meetings conducted to inform the cultural arts plan, attendees expressed a need for more affordable cultural arts opportunities. Community members consistently mentioned a desire to see public art dispersed throughout the entire city and indicated that costs prevent them from engaging with the arts. Survey results concurred with this finding and often identified the cost of parking as a barrier to participation. Fresno’s climate impacts the cultural arts scene. While Fresno’s climate can allow for outdoor events for most of the year, several interview respondents indicated that periods of high heat limited their ability to participate in outdoor events. For example, one respondent stated: “It's too hot in the summer for me personally to enjoy outdoor venues.” Incorporating climate-resilient design into cultural arts venues, parks and other public places can help address these barriers. Climate-resilient design includes such things as shade structures, urban greening, and architecture that conserves natural resources, supports climate adaptation and is consistent with the Parks Master Plan. Lack of affordable housing, transportation and studio/theater space creates barriers for artists and cultural practitioners. “Speaking for both myself and other cultural bearers, if you find us a way to get us our own space for our specific culturally based arts, help with funding the needs of our programs— supplies, paying instructors—you will give us more than what we have now to work with. Many cultural practitioners like me had to sacrifice our own personal finances and time to even get our programs to be available in the Valley.” Throughout the research and outreach process, creators continually cited the need for affordable studio spaces and climate-controlled work environments, whether to create art or host programs for the community. These groups expressed a need for dedicated work -38- areas within the city that can be leased on a long-term basis. The affordability of an artist’s space depends upon many factors, such as location, proximity to other cultural assets, size, floorplan, distance to public transportation infrastructure and/or parking, and whether utilities or other amenities are included in rent. These factors should be considered when setting appropriate rates for studio spaces. Arts organizations and practitioners (n=18) remain ambitious but expressed that they feel isolated from peers (22%) and lack government support (38%). As part of community events, artists expressed the need for space, stating that “permanent spaces equal permanent programs.” According to the 2021 American Community Survey, the median housing value in Fresno was $273,900. The median monthly rent was $1,115. Additionally, 57.5% of Fresnan renters are housing cost burdened, meaning that they paid more than 30% of their income in rent. Rent increases in Fresno have been among the nation's highest (Garibay, 2022). Affordable housing, access to affordable transportation and dedicated studio/theater spaces are essential to expanding access to arts and culture. Time constraints and schedules limit access to arts and culture in Fresno, especially for youth and seniors. Time was an often-cited barrier by survey respondents. Many indicated that their work schedules left little time during the day for participation in cultural arts, and attending events on weeknights was challenging. Several respondents asked for more weekend options. “I work 6 days a week. not enough free time.” “I don't drive, so getting to Art Hop in the evenings is difficult for me. Plus, I work from 7:30 a.m. to 5 p.m., so I'm exhausted when I get home.” Others noted that events during evening hours were challenging for families with young children. “Mainly just a busy schedule working full time with young children.” "It is difficult to take young children to performances at 7 p.m. or later, so more performances during the day would be helpful." Responses also suggest the need for family-friendly performances where parents with young children could feel welcome. Notably, seniors indicated an interest in events held earlier in the day. When asked about difficulties participating in cultural arts in Fresno, senior respondents highlighted that -39- many events occur at night. Several seniors communicated that as they have gotten older, they have stopped going out in the evening times. “I am 74 now so I don't go out at night as much as I used to.” It is clear from community member responses that there is a need to offer programming at a variety of times. There is also a need to offer passive forms cultural arts, such as outdoor installations and murals that can be accessed at the convenience of the community. Parents and youth are seeking cultural arts programs and events for young people citywide. Notably absent from Fresno’s cultural arts scene were children’s art museums. Respondents indicated that the 2010 closure of the Fresno Metropolitan Museum of Art and Science left a void in the community. Many respondents indicated a desire for programming for young children and programming built with families in mind. Although there are a number of destinations where children can learn about the natural sciences, including the Fresno Chaffee Zoo, Discovery Center and City of Fresno Highway City Science Center, and literature, including local libraries and Storyland, there are no arts and cultural museums in Fresno designed exclusively for the interests and needs of children. Additionally, several of Fresno’s long-standing institutions struggle to cultivate an audience. Current efforts fail to strongly resonate with residents who do not have a background in the arts, which can prevent young people from getting involved. Youth voices from the youth community meeting indicated that teenage youth seek greater access, safe spaces and representation in arts and culture. As part of the youth community meeting, youth were asked what the City of Fresno can do to provide better support to cultural arts. In total, youth community meeting attendees provided 97 responses— approximately 24% of which included requests pertaining to youth support both in and outside of school, especially those residing in neighborhoods with fewer resources. Comments included: “Safe environment to express ourselves.” Other areas of research highlighted the importance of increasing youth opportunities throughout the community: “There are students or young people that are willing to learn about the importance of art history and art making—we as a community have the tools and knowledge, we just need to let the students be aware of it.” -40- “When kids see people making art, they feel they can make art.” “We just have to be more inclusive about raising people up in a community because each one of those people are prospective buyers, creative people and intellectual assets. I mean, they have so many resources we don’t even know about because they’re never allowed to develop them.” Investment in arts education and apprenticeship programs is important. Community members clearly shared that arts in education is important. Over half of in- depth interview participants (n=18) cited arts education as essential for any successful wide- ranging arts investment. There are many ways the community can participate in arts education, including as a part of primary, elementary, middle and secondary schooling and higher education. In addition to the “traditional” education system, arts education can occur in many forms, including internships, externships, fellowships, artist residencies, apprenticeships and community-based education. “From my experience, there is a lot of art talent here; it’s just that I think the opportunities are very rare … they have a hard time getting access to resources that really uplift their community.” Foundational research provides examples and definitions for arts education outside of the traditional educational settings. Internships: The University of Maryland Career Center classifies internships as typically short- term supervised work experiences in a chosen field, designed for students or recent graduates. The goal of an internship is to gain hands-on experience, develop skills and network within the industry. Internships may be paid or unpaid; though paid internships are essential to reducing barriers to participation and are strongly encouraged. Externships: In a 2022 article analyzing the differences between internships and externships, Genevieve Carlton designates the latter as short-term jobs or shadowing opportunities for students or recent graduates to observe and learn about a particular job or industry. Like an internship, externships provide a professional learning experience. Unlike an internship, -41- externs do not complete job tasks—their primary role is to shadow and observe. Externs are typically unpaid but may be provided with a stipend to reduce barriers and enable participation in the program. Externships may be used to determine interest in various fields prior to pursuing other longer-term education in the arts. Fellowships: The Columbia University Undergraduate Research and Fellowships webpage categorizes fellowships as opportunities awarded to postgraduate students or professionals to receive training, conduct research or gain specialized experience in their field of study. Fellowships are paid and often sponsored by foundations, associations, organizations, college institutions or government organizations. Fellowships in the arts typically include a competitive application process. Once awarded, fellowships may last between six months to two years. Artist Residency: In a 2016 article, Henri Neuendorf describes residencies as programs that give artists the opportunity to live and work outside of their usual environments, providing them with time to reflect, research or produce work. Residencies usually last several months to a year. Typically, applicants are required to submit a project proposal, résumé, and letter of motivation or similar documentation. Some host centers have restrictions or conditions on the work produced, whereas others provide few guidelines to enable creative expression. Artist-in-residence programs are short-term, ranging in length from six months to one year. Apprenticeships: In an article [no date] on the importance of apprenticeships, the ASVAB Career Exploration Program emphasizes how they provide structured, on-the-job training where an individual learns a skilled trade through hands-on experience under the guidance of a skilled worker or mentor. In many industries, apprenticeships are registered and include a mix of classroom education and hands-on learning. Registered apprenticeships are typically full time and result in certifications that create a pathway to a career. In the arts, apprenticeships have historically been less formal. The length of apprenticeships offered vary from short duration (weeks) to longer terms. Apprentices may be paid hourly or through a stipend, depending on the time commitments. Community education brings arts education to the community through short-term programs offered at community centers, schools, senior centers and other community spaces. Community education builds knowledge and skills while providing a space for the community to connect with one another. Programs are typically low- to no-cost and are offered as one-time events or as part of a short-term series (4–12 weeks). Community education is a low-barrier way to be exposed to all forms of art and learn new skills. Examples of community education opportunities in Fresno include the senior ceramics program, tai chi classes and music lessons offered at community centers. Meaningful arts education is the groundwork for a healthy, vibrant cultural arts scene. These programs will give students a much-needed space for expression, teach them to -42- carry their individual traditions and train them in hard skills they will use for the rest of their lives. Tracking the effectiveness of these programs will illuminate areas for improvement, as well as strengths that can be replicated elsewhere. -42- Vision, Goals, and Grant Funding Priorities The cultural arts planning process inspired an aspirational, ambitious and achievable vision for the future. VISION Cultural arts in Fresno will be recognized, prioritized, inclusive, accessible, and continue to reflect, celebrate and connect the community. This vision will be realized by focusing efforts around six goals. Developed on the basis of key findings, these goals can be realized through the implementation of recommendations accompanied by actionable strategies designed to energize, invest in and elevate Fresno’s arts and cultural environment. There is no specific funding allocated for each goal and associated recommendation, and the recommendations may require additional entitlement and CEQA (California Environmental Quality Act) processes. Goal six recognizes that the overarching purpose and responsibility of city government, its programs, and services, will intersect with and contribute to the success of the other goals of this plan. GOALS The following goals establish desired outcomes: Goal 1: GRANT-MAKING & COMMUNITY ENGAGEMENT Goal 2: STABILIZE, RESTORE & ACTIVATE Goal 3: EDUCATION & ORGANIZATIONAL DEVELOPMENT Goal 4: CELEBRATE & ENHANCE Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND Goal 6: MUNICPAL INVESTMENTS AND POLICIES TO SUPPORT CULTURAL ARTS -43- Priority Recommendations & Strategies The following recommendations identify priority investments to achieve the goals. Goal 1: GRANT-MAKING & COMMUNITY ENGAGEMENT Desired outcome: Establish a strong foundation to support and expand access to arts and culture through grant-making and community engagement. “Involving cultural community leaders, organizations and artists in the government’s processes [...] will strengthen a relationship of trust and dialogue between the two parties.” Recommendation 1.1: Utilize Fresno’s designated arts agency, The Fresno Arts Council or its successor local arts agency, to expand citywide arts and culture. Strategy: Act as the liaison to the Fresno Parks, Recreation and Arts Commission, City of Fresno departments, local arts and culture organizations, and artists and cultural practitioners. Strategy: In partnership with the Fresno Parks, Recreation and Arts Commission, implement an annual grants process to invest in competitive grants for nonprofit organizations that support and expand access to arts and cultural programming. Strategy: Create a process to track implementation data and evaluate performance to achieve cultural arts plan goals. Strategy: Update expanded access to cultural arts grant program guidelines annually, including community engagement. Strategy: Update cultural arts plan every five years, including addressing shifts in needs for Fresno’s cultural arts scene. Strategy: Ensure cultural arts information is made available in languages as requested. Strategy: Ensure all materials are provided and communicated in Americans with Disabilities Act (ADA) accessible formats. Strategy: Ensure information is provided for age-specific audiences. For example, identify programming intended for children and seniors. -44- Strategy: Ensure accessibility services at cultural arts events such as American Sign Language interpreters, closed captioning, audio description, access ramps, dedicated spaces and more for people with mental and/or physical disabilities (e.g., accessibility seating and parking spaces). Recommendation 1.2: Develop the expanded access to arts and culture grant program guidelines to ensure a transparent and competitive process consistent with the ordinance requirements, including regular evaluation and review of the process. Strategy: Develop and fund grant programs for core operating and project-support grants, including the requirements for eligibility. Development of these programs will require ongoing community outreach and input to build upon the foundational research and key findings from this cultural arts plan. Strategy: Adhere to SEC. 7-1506 (b)(4)(E) of the ordinance which states "Grants funded pursuant to subparagraph (B) shall prioritize organizations and programs that support and expand diverse public or youth engagement and equity." Strategy: Manage expanded access to cultural arts grant solicitations and ensure all grantees provide timely project delivery, reporting, funding and invoicing. Strategy: Facilitate community engagement process to ensure community voices are heard for annual development of grant programs. Strategy: Make funding available for an independent evaluator to evaluate process, outcomes, and investments to ensure transparency. Strategy: Include evaluation and key performance indicators in grant agreements. Strategy: Develop a streamlined, equitable and flexible grant application process for the expanded access to arts and culture grant program accessible to all Fresno cultural arts organizations. Strategy: Require programs seeking expanded access to arts and culture funding to report the number of individuals the project intends to serve and the demographics including Council Districts it intends to serve. Recommendation 1.3: Leverage and multiply expanded access to arts and culture funding by seeking additional sources of revenue. Strategy: Identify and apply for grant funding and sponsorships to expand local cultural arts events, programs, and assets: for example, the Challenge America and Our Town grants run by the National Endowment for the Arts (NEA). -45- Recommendation 1.4: Collaborate with city departments and partners to address identified barriers and expand access to arts and culture. Strategy: Partner with Fresno County Social Services to promote cultural arts programs and events. Strategy: Engage with the City of Fresno’s Disability Advisory Commission to seek input on expanding access to cultural arts. Strategy: Partner with foundations and corporate sponsors to offer free and reduced museum admissions. Goal 2: STABILIZE, RESTORE & ACTIVATE Desired outcome: Cultural arts organizations and assets will be stabilized, restored and activated to expand access to arts and culture. Desired outcome: Provide all Fresno residents with access to a variety of cultural arts resources. Recommendation 2.1: Existing cultural arts assets should be maintained. Strategy: Invest in maintenance and conservation of the city of Fresno’s existing cultural arts assets. Recommendation 2.2: Develop opportunities for intergenerational engagement and family-centered access to cultural arts, including museums, programs, and events citywide. Strategy: Provide funding opportunities to support more family-oriented cultural arts programs and events—for example, family discounts in organization pricing models. Strategy: Encourage collaboration between organizations with the same cultural traditions but audiences of different ages. Strategy: Make grant funding available for museums and exhibits tailored to the needs and interests of youth. Strategy: Prioritize investments to organizations that provide cross-cultural experiences for all ages to build understanding of traditions, practices and heritage. Strategy: Incentivize organizations to provide youth - and teen-focused programming. Strategy: Prioritize investments in cross-cultural and intergenerational programs that provide opportunities for preserving traditional arts. -46- “It’s critical that youth in Fresno have access to robust arts and culture programs.” – Community Member Goal 3: EDUCATION & ORGANIZATIONAL DEVELOPMENT Desired Outcome: Expand access to a variety of arts and cultural education programs to provide educational opportunities for people of all ages. Desired Outcome: Equip artists, cultural practitioners and organizations with the skills and organizational resources to stabilize and expand operations. Recommendation 3.1: Offer capacity-building opportunities for existing and emerging organizations and artists. Strategy: Make funding available through an established grant program for emerging organizations and local artists to learn more about marketing, self- promotion, establishing a nonprofit, alternate funding sources and organizational best practices. Strategy: Allocate resources for technical assistance and economic development workshops to build the capacity of artists and grassroots organizations to create business plans, apply for grants and increase economic stability. Strategy: Incentivize long-standing organizations to share resources and best practices with emerging cultural groups. Strategy: Provide technical assistance for existing and emerging cultural arts organizations to help bring in additional resources to expand arts and culture. -47- Recommendation 3.2: Partner with organizations to provide networking opportunities for local artists and cultural practitioners. Strategy: Invest grant funding and/or sponsorships to host professional development workshops throughout the year, focused on nonprofit leaders and individual artists. Workshops could also focus on funding sources, career opportunities and other areas for growth. Strategy: Incentivize collaboration across the arts and culture community with new and established organizations and programs. Strategy: Form an alliance of cultural organizations with a focus on inclusiveness and diversity in representation. Leaders across the arts, government and private sectors should focus on long-term community participation in the arts. "These opportunities would increase the viability of arts careers in Fresno and deepen connections between the Fresno arts community and learners of all ages." Recommendation 3.3: Invest in arts and culture education and preservation programs. Strategy: Support capacity building through grant programs for Fresno arts and cultural organizations that strengthen their ability to provide arts education. Strategy: Make grant funding available for paid internships, externships, fellowships, apprenticeships, and art residency programs. Strategy: Build partnerships with school districts to promote, support and provide continued educational arts and culture programs. Strategy: Develop funding opportunities for nonprofits to establish mentor- apprentice programs focused on the practice and preservation of a cultural art or tradition. Strategy: Provide job training, career development or both to youth, young adults and veterans, including education and/or certification for jobs within the arts. Strategy: Invest in arts and culture programs to educate the community on Fresno’s racial and cultural history and ensure that cultural awareness and dialogue remain a priority. Strategy: Seek additional grant funding to expand after-school arts programs and provide local artists and cultural practitioners teaching opportunities. Recommendation 3.4: Use data and metrics to identify and track students’ arts education and/or training experiences. Strategy: Track participation, demand, student success rates, and/or effectiveness of school- -48- day and after-school arts programs as a means of identifying community needs. "These measures will establish public feedback as vital to all decisions made regarding arts and culture in Fresno." Goal 4: CELEBRATE & ENHANCE Desired Outcome: Elevate and celebrate arts and culture to strengthen a sense of community. Recommendation 4.1: Amplify and celebrate Fresno’s diversity through Cultural Arts Districts to increase awareness within the community, encourage new meeting places and attract visitors to the city. Strategy: Evaluate expanding the boundaries of the current Cultural Arts District to include areas long known for their public arts, such as the Fulton Street Mall. Adding more of Fresno’s street art into the district will boost its recognition and create a stronger cultural identity for the city as a whole. Strategy: Identify and support multiple Cultural Arts Districts throughout Fresno. Strategy: Seek state certification for the Cultural Arts Districts to increase recognition across the state and increase funding opportunities. Strategy: Develop a brand guidelines toolkit for artists, practitioners and venues in Fresno to incorporate in their marketing and spaces to highlight their place within the district to help further establish the brand identity of the Cultural Arts Districts. Strategy: Increase the presence of local art in the Cultural Arts Districts. Strategy: Invest in art attractions, signage, entry points and other creative ideas to highlight Fresno’s diversity. Strategy: Use ArtHop to highlight new installations, grassroots events and public artworks downtown. Support the Fresno Arts Council to tap into ArtHop’s audience to cross-promote events held throughout Fresno. Events such as Fresno LitHop or PorchFest can benefit from collaborative efforts to encourage community participation on a regular basis. This also will help expose community members to alternative forms of artwork. -49- Recommendation 4.2: Support and expand neighborhood placemaking citywide. Strategy: Encourage projects that engage the community, including youth and seniors, reflect or celebrate local heritage and culture, enliven the cityscape, and increase the availability of cultural resources in neighborhoods with fewer cultural assets. Strategy: Further establish citywide brand identities in arts and culture. Strategy: Make grant funding available for placemaking in public spaces. Strategy: Make grant funding available for public art installation projects, including murals, in public spaces. Recommendation 4.3: Incorporate arts, culture and creativity into the transportation system. Strategy: Encourage the Fresno Yosemite International Airport and FAX Transportation Department to continue to expand arts and cultural installations at their facilities. Strategy: Encourage and support projects that engage local artists and cultural practitioners. Recommendation 4.4: Embrace arts and culture as catalysts for shared traditions and new experiences. Strategy: Celebrate and recognize individuals, organizations and others who have made an impact in the cultural arts community annually. Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND Desired Outcome: Expand access to arts and culture by eliminating barriers and investing in innovation. “Provide dedicated city resources to act as a directory for museums, arts and cultural experiences.” Recommendation 5.1: Develop and maintain an online cultural arts information hub to increase awareness and address barriers to information. Strategy: Allocate resources to inventory existing cultural arts event calendars, -50- directories, maps and resources. Strategy: Allocate resources to inventory cultural arts assets, organizations and destinations, including museums, art galleries, arts and culture-focused nonprofit organizations, media centers, theaters, artist studios, authors, musicians and other local creative professionals. Strategy: Make grant funding available for nonprofit organizations to assist with the development or enhancement of a cultural arts information hub to include the following: ● a cultural arts asset map including, but not limited to, public art and sculptures ● a directory of local creative professionals, organizations, and establishments in the city ● a citywide calendar of events focused on cultural arts events ● grant opportunities ● educational and other job opportunities ● a resource-sharing platform Strategy: Allocate resources and staffing to maintain the online hub and engage the community and organizations in submitting cultural arts assets and events. Strategy: Cross-promote the online hub with partners such as schools, public libraries, senior centers and at community locations, including city-owned facilities. Strategy: Work with economic-development institutions and visitors bureaus to attract cultural arts events and investments. Recommendation 5.2: Increase equitable access to information across all demographics. Strategy: Establish a grant program for nonprofit media organizations to provide arts and culture coverage through a multichannel strategy, including newspaper, radio, social media, etc. Strategy: Organizations with dedicated email lists, should be encouraged to further highlight community events, art installations and local artists. Recommendation 5.3: Address transportation barriers limiting access to arts and culture. Strategy: Make grant funding available to subsidize transportation costs to provide accessible options for residents to attend arts and culture activities and events. Recommendation 5.4: Prioritize projects and programs that improve accessibility for seniors and people with disabilities. Strategy: Invest in mobile arts and culture programs that bring arts and culture to seniors and people with limited mobility to expand access citywide. Strategy: Make grant funding available to provide accessibility services at cultural arts events such as American Sign Language interpreters, closed captioning, audio description, access ramps, dedicated spaces and more for people with mental and/or physical disabilities (e.g., accessibility seating and parking spaces). -51- Recommendation 5.5: Support and encourage organizations and projects that promote mental health and well-being through cultural arts practices. Strategy: Prioritize cultural arts programming with health and wellness co- benefits. Strategy: Make grant funding available to communicate and evaluate the positive impact cultural arts engagement can have on mental and physical wellness. Recommendation 5.6: Encourage consideration of public health in arts and culture programs and events. Strategy: Make grant funding available for cultural arts programming and events offered virtually. Strategy: Make grant funding available for public health precautionary measures, as appropriate (e.g., face masks, cooling measures, and hand sanitizer). Strategy: Activate outdoor spaces at night for arts and cultural events to combat extreme heat. Recommendation 5.7: Address safety concerns that limit access to arts and culture. Strategy: Make grant funding available for safety-related precautions and improvements at cultural arts institutions, events, programs, and activities to ensure residents feel safe and comfortable. Recommendation 5.8: Provide incentive programs to increase access to arts and culture. Strategy: Make grant funding available to subsidize or reduce admission fares for low- income households to attend arts and cultural events, programs, and activities. Strategy: Seek additional grant funding to offer reduced or no-cost cultural arts programming to low-income households. Strategy: Develop operating grant programs for organizations in need of funding dedicated specifically toward increasing overall accessibility of operations and programs. Strategy: Develop funding opportunities for small-scale arts organizations to expand their virtual offerings. Strategy: Make grant funding available for nonprofit organizations to provide no- or low-cost cultural arts events and programs while prioritizing underserved communities. Strategy: Provide free parking during cultural arts events. Recommendation 5.9: Address time barriers limiting access to arts and culture. Strategy: Make grant funding available to expand operating and programming hours to include participants of all ages. -52- Strategy: Incentivize expanded operating hours to reach senior, youth, families and audiences at times that reduce participation barriers. Strategy: Make grant funding available for cultural arts programming and events offered virtually. Strategy: Make grant funding available for programs that partner with employers to expand access to arts and culture in the workplace. Strategy: Encourage organizations to evaluate operating hours using patron surveys, focus groups and listening sessions to expand access to arts and culture. Strategy: Invest in passive forms of arts and culture, including attractions, installations, etc. that are publicly accessible. Recommendation 5.10: Increase access to affordable theater, performance and studio spaces for artists and nonprofit organizations within Fresno. Strategy: Encourage property owners to rent spaces to smaller or emerging cultural arts organizations at low or no cost. Strategy: Create grant opportunities that allow artists to receive funding for a physical studio space. GOAL 6: MUNICIPAL INVESTMENTS AND POLICIES TO SUPPORT CULTURAL ARTS Desired Outcome: Establish a strong foundation to support and expand access to arts and culture through policy planning and municipal investment. “Involving cultural community leaders, organizations and artists in the government’s processes [...] will strengthen a relationship of trust and dialogue between the two parties.” Recommendation 6.1: Invest resources and staffing to adhere to the requirements of the Measure P Expenditure Plan outlined in the ordinance. Strategy: Expand cultural arts programming as part of after-school, senior, recreation and community service programming offered through PARCS. Strategy: Coordinate expanded access to arts and culture through citywide and neighborhood-specific plans and policies. Recommendation 6.2: Existing cultural arts assets should be maintained. -53- Strategy: Develop a policy and plan to restore city-owned cultural arts assets. Strategy: Invest in maintenance and conservation of existing city-owned cultural arts assets. Strategy: Make grant funding available for accessibility assessments, improvements and equipment. Strategy: Plan and implement safety improvements consistent with Parks Master Plan. Recommendation 6.3: PARCS department should collaborate across city departments to address transportation barriers. Strategy: Serve as a stakeholder throughout planning processes. Strategy: Explore opportunities to support grant applications that improve the transportation system. Strategy: Engage with the City of Fresno’s Bicycle and Pedestrian Advisory Committee to seek input on incorporating art within the active transportation network. Recommendation 6.4: Establish plans and policies to install art in all public places. Strategy: Develop process for identifying available locations for installation, maintenance, accessibility and other pertinent factors. Strategy: Incorporate arts and culture into FAX’s public transportation facilities, plans, design standards and operations. Strategy: Incorporate arts and culture into active transportation plans, design standards and facilities. Strategy: Convene a working group composed of PARCS staff, the City of Fresno’s departments and Fresno Arts Council to identify opportunities to incorporate arts and culture into city facilities, plans and operations. Strategy: Establish a public art policy to expand access to arts and culture in public spaces. Strategy: Establish a citywide mural policy. Recommendation 6.5: Encourage and incentivize urban development and redevelopment projects to incorporate Fresno’s cultural arts sector. Strategy: Hold listening sessions with developers to identify potential barriers to expanding access to arts and culture through urban development and redevelopment projects. Strategy: Convene a working group composed of representatives from the City of Fresno Planning and Development Department, PARCS Department and other relevant departments to discuss and identify potential incentives to address identified barriers. Strategy: Ensure urban development plans encourage and incentivize redevelopment of live-work spaces, art galleries and creative spaces that will house and provide space for active local artists. -54- Strategy: Develop a policy for cultural arts sponsorships, donations and additional sources of revenue. Strategy: Incentivize the adoption of artwork in high-traffic spaces, such as medical buildings, schools and businesses, to increase the presence of art throughout the city. Recommendation 6.6: Incorporate climate-resilient design in city-owned facilities. Strategy: Collaborate with Public Works Department to assess existing design standards for climate adaptation, including design standards for shade structures, trees, etc. Recommendation 6.7: Evaluate PARCS operations to identify ways to expand access to arts and culture. Strategy: Update and promote PARCS online reservation system and website and facilitate reservations for indoor and outdoor rental spaces as an affordable option to host cultural arts gatherings. Strategy: Ensure the City of Fresno's Master Fee Schedule continues to identify fee reductions for nonprofit cultural arts organizations. Strategy: Evaluate the benefits and fiscal impacts of setting aside a period of time when local cultural arts organizations, schools and emerging performance groups can access city-owned rehearsal and performance spaces at a lower cost. Strategy: Evaluate the benefits and fiscal impact of providing government subsidies, grants and waivers to help local organizations access city-owned and privately owned theater or performance spaces. Strategy: Evaluate the special event permit process to identify barriers for organizations to hold special events in Fresno, especially for small and emerging organizations. Strategy: Explore opportunities to provide letters of support for public safety grants. Strategy: Collaborate with Public Works Department to evaluate existing citywide lighting standards. Strategy: Work with the City of Fresno Economic Development Department to assess affordable studio spaces for artists and identify unoccupied or underutilized spaces in buildings across Fresno. Evaluate the feasibility of transforming identified locations into subsidized studio spaces for artists and cultural practitioners. Strategy: Collaborate with the City of Fresno Economic Development Department to further promote the rental of city-owned facilities by arts and culture organizations. GRANT FUNDING PRIORITIES The following grant funding priorities shall help to guide the investment over time in achieving the -55- visions and goals of the Cultural Arts Plan. Goal 1: GRANT-MAKING & COMMUNITY ENGAGEMENT Strategy: In partnership with the Fresno Parks, Recreation and Arts Commission, implement an annual grants process to invest in competitive grants for nonprofit organizations that support and expand access to arts and cultural programming. (1.1) Strategy: Develop and fund grant programs for core operating and project-support grants, including the requirements for eligibility. Development of these programs will require ongoing community outreach and input to build upon the foundational research and key findings from this cultural arts plan. (1.2) Strategy: Adhere to SEC. 7-1506 (b)(4)(E) of the ordinance which states "Grants funded pursuant to subparagraph (B) shall prioritize organizations and programs that support and expand diverse public or youth engagement and equity." (1.2) Strategy: Make funding available for an independent evaluator to evaluate outcomes and investments to ensure transparency. (1.2) Goal 2: STABILIZE, RESTORE & ACTIVATE Strategy: Invest in maintenance and conservation of the city of Fresno’s existing cultural arts assets. (2.1) Strategy: Provide funding opportunities to support more family-oriented cultural arts programs and events—for example, family discounts in organization pricing models. (2.2) Strategy: Encourage collaboration between organizations with the same cultural traditions but audiences of different ages. (2.2) Strategy: Make grant funding available for museums and exhibits tailored to the needs and interests of youth. (2.2) Strategy: Prioritize investments to organizations that provide cross-cultural experiences for all ages to build understanding of traditions, practices and heritage. (2.2) Strategy: Incentivize organizations to provide youth- and teen-focused programming. (2.2) Strategy: Prioritize investments in cross-cultural and intergenerational programs that provide opportunities for preserving traditional arts. (2.2) Goal 3: EDUCATION & ORGANIZATIONAL DEVELOPMENT Strategy: Make funding available through an established grant program for emerging organizations and local artists to learn more about marketing, self- promotion, establishing a nonprofit, alternate funding sources and organizational best practices. (3.1) Strategy: Allocate resources for technical assistance and economic development workshops to build the capacity of artists and grassroots organizations to create -56- business plans, apply for grants and increase economic stability. (3.1) Strategy: Incentivize long-standing organizations to share resources and best practices with emerging cultural groups. (3.1) Strategy: Provide technical assistance for existing and emerging cultural arts organizations to help bring in additional resources to expand arts and culture. (3.1) Strategy: Invest grant funding and/or sponsorships to host professional development workshops throughout the year, focused on nonprofit leaders and individual artists. Workshops could also focus on funding sources, career opportunities and other areas for growth. Strategy: Support capacity building through grant programs for Fresno cultural arts organizations that strengthen their ability to provide arts education. (3.3) Strategy: Make grant funding available for paid internships, externships, fellowships, apprenticeships and art residency programs. (3.3) Strategy: Develop funding opportunities for nonprofits to establish mentor- apprentice programs focused on the practice and preservation of a cultural art or tradition. (3.3) Strategy: Provide job training, career development or both to youth, young adults and veterans, including education and/or certification for jobs within the arts. (3.3) Strategy: Invest in cultural arts programs to educate the community on Fresno’s racial and cultural history and ensure that cultural awareness and dialogue remain a priority. (3.3) Strategy: Seek additional grant funding to expand after-school arts programs and provide local artists and cultural practitioners teaching opportunities. (3.3) Goal 4: CELEBRATE & ENHANCE Strategy: Encourage projects that engage the community, including youth and seniors, reflect or celebrate local heritage and culture, enliven the cityscape, and increase the availability of cultural resources in neighborhoods with fewer cultural assets. (4.2) Strategy: Make grant funding available for placemaking in public spaces. (4.2) Strategy: Make grant funding available for public art installation projects, including murals, in public spaces. (4.2) Strategy: Encourage and support transportation projects that engage local artists and cultural practitioners. (4.3) Goal 5: ADDRESS BARRIERS, INNOVATE & EXPAND Strategy: Allocate resources to inventory existing cultural arts event calendars, directories, maps and resources. (5.1) Strategy: Allocate resources to inventory cultural arts assets, organizations and destinations, including museums, art galleries, arts and cultur e-focused nonprofit organizations, media centers, theaters, artist studios, authors, musicians and other local creative professionals. (5.1) Strategy: Make grant funding available for nonprofit organizations to assist with the -57- development or enhancement of a cultural arts information hub to include the following (5.1): • acultural arts asset map including, but not limited to, public art and sculptures • a directory of local creative professionals, organizations and establishments in the city ● a citywide calendar of events focused on cultural arts events ● grant opportunities ● educational and other job opportunities ● a resource-sharing platform Strategy: Allocate resources and staffing to maintain the online hub and engage the community and organizations in submitting cultural arts assets and events. (5.1) Strategy: Establish a grant program for nonprofit media organizations to provide arts and culture coverage through a multichannel strategy, including newspaper, radio, social media, etc. (5.2) Strategy: Make grant funding available to subsidize transportation costs to provide accessible options for residents to attend arts and culture activities and events. (5.3) Strategy: Invest in mobile cultural arts programs that bring arts and culture to seniors and people with limited mobility to expand access citywide. (5.4) Strategy: Make grant funding available to provide accessibility services at cultural arts events such as American Sign Language interpreters, closed captioning, audio description, access ramps, dedicated spaces and more for people with mental and/or physical disabilities (e.g., accessibility seating and parking spaces). (5.4) Strategy: Prioritize cultural arts programming with health and wellness co-benefits. (5.5) Strategy: Make grant funding available to communicate and evaluate the positive impact arts and cultural engagement can have on mental and physical wellness. (5.5) Strategy: Make grant funding available for cultural arts programming and events offered virtually. (5.6) Strategy: Make grant funding available for personal protective equipment and other precautionary measures (e.g., face masks and hand sanitizer). (5.6) Strategy: Make grant funding available to subsidize or reduce admission fares for low- income households to attend cultural arts events, programs and activities. (5.8) Strategy: Develop operating grant programs for organizations in need of funding dedicated specifically toward increasing overall accessibility of operations and programs. (5.8) Strategy: Develop funding opportunities for small-scale arts organizations to expand their virtual offerings. (5.8) Strategy: Make grant funding available for nonprofit organizations to provide no- or low-cost cultural arts events and programs while prioritizing underserved communities. (5.8) Strategy: Make grant funding available to expand operating and programming hours to include participants of all ages. (5.9) -58- Strategy: Incentivize expanded operating hours to reach senior, youth, families and audiences at times that reduce participation barriers. (5.9) Strategy: Make grant funding available for safety-related precautions and improvements at cultural arts institutions, events, programs and activities to ensure residents feel safe and comfortable. (5.7) Strategy: Make grant funding available for programs that partner with employers to expand access to arts and culture in the workplace. (5.9) Strategy: Encourage organizations to evaluate operating hours using patron surveys, focus groups and listening sessions to expand access to arts and culture. (5.9) Strategy: Invest in passive forms of arts and culture, including attractions, installations, etc. that are publicly accessible. (5.9) Strategy: Create grant opportunities that allow artists to receive funding for a physical studio space. (5.10) -59- Implementation This cultural arts plan distills 31 recommendations under six primary goals to be implemented through short-, mid- and long-term milestones to account for resources that need to be established and evaluated over the coming years. Being as effective as possible with the resources and timing of each recommendation is critical to the success of this implementation, in addition to opportunities for ongoing community engagement. An evaluation methodology shall be used for the grant program once formally established. This evaluation methodology will monitor implementation progress and provide visibility to the public to see when milestones are achieved. Short-term ● Allocate resources including grant funding to inventory existing cultural arts organizations, assets, directories and calendars. ● Share information and updates on implementation progress across social media and other communication outlets. ● Launch full-scale cultural arts online events calendar, informational hub and resource-sharing platform. Updates should include a list of recurring as well as new cultural arts events (e.g., gatherings held in parks, offered through libraries, co- sponsored by local businesses, revealing public art installations) and useful resources (e.g., grant criteria, media toolkits). ● Identify opportunities for ongoing community engagement throughout the implementation period. ● Begin widespread messaging around the physical and mental wellness benefits of engaging with arts and culture, in conjunction with the presentation and implementation of this plan. ● Utilize the city’s designated arts agency, the Fresno Arts Council or its successor local arts agency, to expand citywide arts and culture and act as liaison to the Parks, Recreation, and Arts Commission, City of Fresno Departments, arts and cultural organizations and the greater Fresno community. ● Develop a grant system complete with processes for community input, implementation timelines, recipient selection criteria and evaluation methodology. -60- ● Pursue official state certification (and associated benefits) for Fresno’s Cultural Arts Districts to increase awareness within the community, encourage new meeting places and attract visitors to the city. Mid-term ● Continue to share information and updates on implementation progress across social media and other communication outlets. ● Maintain and update cultural asset and public art mapping across the city as the cultural arts scene evolves from year to year. ● Evaluate the grant program using the predetermined metrics and measures, and adjust the program as necessary. ● Develop necessary partnerships among the City of Fresno, school districts, arts organizations, etc., to solidify an expansive arts education network and consistent professional development opportunities (internships, residencies, etc.). ● Direct resources to amplify and celebrate Fresno’s Cultural Arts Districts to increase awareness within the community, encourage new meeting places and attract visitors to the city. ● Evaluate the current state of local arts residency programs, fellowships, internships, externships and related school programming. Long-term ● Assess the value and strength of the cultural arts online events calendar, informational hub and resource-sharing platform. Take steps to feature the repository and its tools as a central access point for the entire arts and culture community. ● Undertake maintenance and refinement of the cultural asset and public art mapping effort across the city as the cultural atys scene evolves from year to year. ● Continue to share information and updates on implementation progress across social media and other communication outlets. ● Ensure the availability of well-paying, meaningful internship and externship opportunities in the cultural arts scene. -61- ● Update the grant system based on evaluation of successes over the previous grant cycles. Overarching goals in this period should be to have a regular reporting mechanism in place to provide updates on grants issued to date, recorded achievements of grantees, and upcoming objectives based on emerging needs of the greater arts and culture community. ● Ensure aggregate grant reporting during this period to track how the system has cultivated and advanced in the following areas, including but not limited to: cross- organizational partnerships; workspace studio availability, residencies and educational opportunities for cultural practitioners; supporting established and long-standing institutions; empowering entities looking to serve marginalized communities; health and wellness initiatives connected to arts and culture; and intergenerational exchange. -62- City of Fresno Implementation Priorities ● Plan and implement improvements consistent with the Parks Master Plan, investing in the maintenance and restoration of city- and non-city-owned assets. ● Begin inventorying all citywide plans to explore adding arts and culture components. ● Expand access to information about city resources (e.g., PARCS guidelines for public areas, spaces available for use). ● Evaluate the current state of accessibility in Fresno's cultural arts scene and begin providing necessary support (financial or otherwise) for making improvements. ● ● Convene a working group of city representatives and developers to identify opportunities of expanding access to arts and culture through urban development and redevelopment projects, as well as through improvements to transportation options. ● Establish a reporting mechanism at meetings between city officials, PARCS staff and/or developers to collaboratively advance reporting on the extent to which arts and culture initiatives are incorporated into citywide and neighborhood-specific plans. Conclusion Fresno has a lot to look forward to. The city stands upon a diverse cultural foundation, and local residents are determined to take their community to new heights. The collective enthusiasm they showed in surveys, interviews and community meetings is a sign they are ready to fulfill Fresno’s potential. Measure P is key to expanding access to arts and culture in Fresno. Its directive is clear: Identify the cultural arts community’s needs; prioritize outcomes and investments; and develop a vision and goals for programming that reflects Fresno’s cultural, demographic and geographic diversity. The plan, with these findings and recommendations, shall inform the expanded access to cultural arts grant programs. Although Measure P is a tremendous step in expanding access to arts and culture for Fresnans, additional funding will be needed to implement all of the strategies outlined in this plan. The strategies and recommendations laid out in these pages are intended to be acted upon over the next five years to ensure the community’s vision is achieved. Several of the strategies and recommendations identified in the plan will require the City of Fresno, or other organizations, to identify funding sources as well as complete appropriate entitlement and CEQA processes before implementation. -63- With this plan’s guidance and the fresh perspectives it inspires, residents can create the city they have dreamed of: a bustling, thriving artistic center, accessible to everyone. -64- Appendix A: Measure P Ordinance ● PDF version ● Online version -65- Appendix B: Cultural Planning Process Foundational research ● Foundational research takeaways ● Please see Appendix F for bibliography of works cited and consulted texts. List of cultural plans reviewed Research for the above cultural arts plan drew upon a variety of other cultural plans developed in cities across the United States. The cities selected were considered similar to Fresno, whether in terms of size, density, industry, proximity, demographics or population. The plans were analyzed to identify common themes and implementation timelines of specific projects. The information gathered from outside cultural arts plans will help the City of Fresno implement and execute its plan as it moves forward. The following external cultural arts plans were used as part of foundational research: ● Athens Public Arts Master Plan 2017 ● City of Berkeley Arts & Culture Plan 2018-2027 Update ● City of Boise Cultural Master Plan 2017 ● Boston Creates Boston Cultural Plan 2015 ● Chapel Hill Cultural Arts Plan 2016 ● City of Chicago Cultural Plan 2012 ● Imagine 2020: Denver’s 2013 Cultural Plan ● Arts and Culture Master Plan: Fort Pierce, FL ● Greensboro Cultural Arts Master Plan 2018 ● Iowa City Public Art Strategic Plan 2019 ● Iowa Arts Council: Strategic Plan 2019-2021 ● Las Cruces Arts & Cultural District Plan 2018 ● Cultural Awareness Plan: Madera County 2021-2023 ● Newark Creates: A Community Cultural Plan For Newark 2018-2028 ● Belonging in Oakland: A Cultural Development Plan, 2018. ● Amp Up OKC: An Art Master Plan for the City of Oklahoma City 2015 ● Creative Life: Raleigh Arts Plan 2016 ● Creative Edge: Sacramento’s Arts, Culture and Creative Economy Plan 2018 ● Sioux Falls Imagined: A Cultural Plan for a Vibrant and Prosperous City 2014 The following cultural arts reports from the Fresno Arts Council were also used during the research process: ● Fresno Arts Council: Fresno Cultural Plan Assessment Report September 2003 ● Fresno Arts Council 2010 Cultural Arts Plan Methodology + Original Data Analysis -66- A mixed-methods approach of quantitative and qualitative data collection was used in the preparation of this plan. Qualitative data was analyzed by multiple team members and placed in a bibliography containing all written sources. Notes from PRAC meetings and council district sessions were transcribed for review, as were in-depth interviews and additional practitioner feedback. The data gathered at community meetings was collected and transcribed, including group themes, sticky notes and event feedback forms. Quantitative data gathered from the survey was compiled in a workbook for team analysis. The workbook holds the raw responses from virtual and paper surveys in all languages (translated to English). It also provides a crosstab analysis with summary statistics for all questions by gender, age, race/ethnicity, geography and family Income. -67- Appendix C: Original Data Collection Tools Cultural Arts Plan Community Survey ● English ● Hmong ● Punjabi ● Spanish City of Fresno Cultural Arts Plan — Artist and Advocate Input ● Artist and Cultural Practitioner Input Form In-depth Interviews ● In-depth Interview Question Guide -68- Appendix D: Breakdown of Public Outreach and Input Communications Strategy and Plan The communications plan was developed between June and August 2022, before launching at the beginning of September 2022. The multichannel plan included a mix of digital, print and in-person outreach elements to maximize the number of people reached. All communications materials were translated and shared in English, Hmong, Punjabi and Spanish. A variety of strategies were used as part of the overall communications plan to inform and facilitate feedback across the City of Fresno: Strategy Tactics Timeline Social Media Campaign The City of Fresno PARCS Department utilized Facebook and Instagram to share information on the development process. Relevant posts were pinned to the top of the profile pages. September 2022 - April 2023 Website Updates The City of Fresno’s Measure P website was updated to include relevant information on the progress of the plan. September 2022 - April 2023 Targeted Emails Emails were sent to the Parks Recreation and Arts Commission distribution list to share information on the status of the plan and ways to participate. September 2022 - April 2023 Utilizing ArtHop Canvassers were present at various ArtHop events to distribute flyers to encourage survey responses and attendance at community meetings. Printed materials had a QR code to take users to the survey and the Measure P website. September 2022 - October 2022 Reaching Flyers and posters were September - October -69- Community Partners distributed to various community partner organizations and local businesses across the City of Fresno, such as recreation centers and senior centers to share survey and meeting information. There was also an information booth with flyers stationed at the 2022 Big Fresno Fair. 2022 Incorporating Public Libraries Flyers were placed at 10 public libraries within city limits to help reach residents without computer access and provide opportunities for survey participation. September - October 2022 Fresno Unified School District and Central Unified School District Information regarding survey and community event participation was shared with the district using Peachjar. September - October 2022 Canvassing Door-to-door ambassadors from several community-based organizations were utilized to distribute flyers and posters in person to promote the survey and share information for the community meetings. September - October 2022 Paid Advertising Paid digital and print advertisements were used to share information on the survey and community meetings through multiple outlets, including: Univision Fresno, The Munro Review, The Fresno Bee, The Fresno Business Journal, Valley Public Radio, Fresno Hmong Radio, and Fresno Punjabi Radio. Interior cards on FAX buses were also used to advertise the development of the cultural arts plan. September - October 2022 Printed Signage Banners were printed and stationed at 27 Fresno parks with information on the survey and community meetings. September - October 2022 Lock Boxes in the City Paper copies of the survey and lock boxes for submission were September - October 2022 -70- placed at all community centers and placed at various events within Fresno. Paper copies of the survey were also offered at local events during the months of September and October. -71- Appendix E: Organizations and Institutions List of organizations and institutions reviewed and/or discussed during research and interviews ● 2nd Space Theater ● Advocates for Indigenous California Language Survival ● African American Theater Contingent ● African-American Historical and Cultural Museum of the San Joaquin Valley ● Alliance for California Traditional Arts Fresno Office ● Armenian Museum ● Art of Life Cancer Foundation ● Arte Américas ● ArtHop ● Ballet Folklorico Academy ● Big Fresno Fair ● Break the Barriers ● Breakbox Thought Collective ● California Arts Academy ● Central Valley Community Foundation ● Children’s Musical Theatre Works ● Cultiva La Salud ● Cultural Arts Rotary Club ● Dulce UpFront ● Fig Tree Gallery ● Forestiere Underground Gardens ● Fresno LGBT Youth Alliance ● Fresno African American Coalition ● Fresno African Drumming ● Fresno Art Museum ● Fresno Arts Council ● Fresno Barrios Unidos ● Fresno Community Chorus ● Fresno Discovery Center ● Fresno Folklore Society ● Fresno Interdenominational Refugee Ministries ● Fresno Musical Club ● Fresno Opera and Orchestra Summer Academy ● Fresno Pacific University, Department of Arts and Culture ● Fresno Philharmonic ● Fresno State Summer Arts ● Fresno State, Departments of Music, Arts, and Humanities ● Fresno Water Tower ● Fresno Zoo ● Fulton 55 -72- ● Gallery 25 ● Gazebo Gardens ● Good Company Players ● Hmong 40 ● Hmong Americans Writers’ Circle ● Hmong New Year ● LitHop Fresno ● Mariachi Academy ● Music Together Fresno-Clovis ● Pan Valley Institute ● Polynesian Club of Fresno ● Tower District Porchfest ● Purposed II Praise School of Dance ● Radio Bilingüe ● Revive Dance Company ● Roger Rocka’s Dinner Theater ● Rogue Festival ● Saroyan Theatre ● Selland Arena ● Shinzen Japanese Friendship Garden ● Stone Soup Fresno ● Teatro Campesino ● Tower Theatre ● Warnors Theatre ● Woodward Park ● Youth Orchestras of Fresno -73- Appendix F: Bibliography “A Guide to Historic Architecture in Fresno, California.” Historic Fresno. http://www.historicfresno.org/. 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Kipen, David. “Fresno.” California in the 1930’s: The WPA Guide to the Golden State. University of California Press, 2013. Koopman, Marni, Kate Meis, and Judy Corbett. Integrated Strategies for a Vibrant and Sustainable Fresno County. ClimateWise, 2011. http://uccrnna.org/wp-content/uploads/2017/06/80_Fresno_2011_Integrated-Strategies-for-a-Vibrant-and- Sustainable-Fresno-County.pdf. Lackmeyer, Steve. “‘Light as a Feather’ dedicated to arts liaison who made OKC a public art showcase.” The Oklahoman. December 24, 2022. https://www.oklahoman.com/story/news/2022/12/24/sculpture-dedicated-to-arts-liaison-who-made- oklahoma-city-a-public-art-showcase/69741098007/ Lewis, Kristen. A Portrait of California 2021-2022: Human Development and Housing Justice. Measure of America of the Social Science Research Council, 2021. https://ssrc-static.s3.amazonaws.com/moa/APortraitofCalifornia2021-2022.pdf. Lindsay, Lisa, (director). Our Lives: Surviving the Streets of Fresno. 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Fresno Arts Council, June 21, 2021, Zoom. Minutes, Board of Trustees Meeting. Fresno Arts Council, September 22, 2021, Zoom. Minutes, Board of Trustees Meeting. Fresno Arts Council, November 11, 2021, Zoom. Mosaic Community Planning, LLC. City of Fresno 2020-2024 Consolidated Plan and 2020 Annual Action Plan. City of Fresno, 2021. https://www.fresno.gov/darm/wp-content/uploads/sites/10/2021/01/V2.03-Fresno-ConPlan-FinalDraft_12272021.pdf. “Murals.” Downtown Fresno. https://www.downtownfresno.org/things-to-do/public-art/murals. Accessed July 25, 2022. “Murals & Street Art (Downtown Fresno Ca.)” YouTube, uploaded by OldSchoolNoe, February 8, 2020. https://www.youtube.com/watch?v=6YxRBpuBeJo. “Native Americans of the San Joaquin Valley.” Fresno County Historical Society. https://www.valleyhistory.org/native- americans. Accessed on July 20, 2022. Newark Arts. Newark Creates: A Community Cultural Plan for Newark 2018-2028. City of Newark, 2019. https://newarkarts.org/wp-content/uploads/2020/NewarkCreates/NEWARK%20CREATES%20- %20FINAL%20(website)_compressed.pdf. Office of Raleigh Arts. Creative Life Raleigh Arts Plan. City of Raleigh, 2016. https://cityofraleigh0drupal.blob.core.usgovcloudapi.net/drupal-prod/COR24/RaleighArtsPlan.pdf. Olmstead, Alan L. and Paul W, Rhode. “A History of California Agriculture.” University of California Agriculture and Natural Resources. 2017. https://s.giannini.ucop.edu/uploads/giannini_public/19/41/194166a6-cfde-4013-ae55- 3e8df86d44d0/a_history_of_california_agriculture.pdf “Our Non-Profit. Our Community.” Community Center for the Arts & Technology. https://go.ccatfresno.org/about/, Accessed on June 7, 2022. “Parks, After School, Recreation and Community Services: Measure P.” City of Fresno. https://www.fresno.gov/parks/measure-p/. Accessed June 2022-January 2023. Parks, After School, Recreation and Community Services. Fresno Parks Vision 2050. City of Fresno, 2016. https://www.fresno.gov/darm/wp-content/uploads/sites/10/2018/05/FresnoVisionParksMasterPlanweb.pdf. Parks and Recreation Calendar. City of Fresno, 2023. https://cityoffresno.wpenginepowered.com/parks/wp- content/uploads/sites/14/2023/01/2023-Parks-Recreation-and-Arts-Commission-Calendar-Final.pdf. Pérez, Doris. “Fresno, California’s New Downtown: visualizing policy through anthropology.” Harvard Journal of Hispanic Policy, vol. 30. 2018. https://www.proquest.com/docview/2187902545?accountid=14437&pq-origsite=primo&forcedol=true Peres, Dorie Dankin. “Change and memory on the Fresno Fulton Mall.” Streetnotes, vol. 25. 2016. https://doi.org/10.5070/S5251029666 “Race in America.” Uncovering America, National Gallery of Art. https://www.nga.gov/learn/teachers/lessons- activities/uncovering-america/race-america.html. Accessed on February 22, 2023. Rodriguez-Delgado, Cresencio. “In Fresno County, Native groups take on meaning of “Squaw’ and ‘Warrior.’” PBS. Fresno. February 15, 2022. https://www.pbs.org/newshour/nation/in-fresno-county-native-groups-take-on-meaning-of-squaw-and- warrior Sacramento Metropolitan Arts Commission. Creative Edge: Sacramento’s Arts, Culture, & Creative Economy Plan. City of Sacramento, 2018. https://www.cityofsacramento.org/-/media/CreativeEdge/Files/Cultural-Plan-Drafts/Creative-Edge- Cultural-Plan-Designed-Version.pdf?la=en. -78- Sioux Falls Arts Council. Sioux Falls Imagined. The City of Sioux Falls, 2014. https://static1.squarespace.com/static/5839e0cf8419c204f71e961c/t/5be5fe2488251bb05cc4e732/1541799462479/Sioux- Falls-Imagined-8.19.14.pdf. Speer, Jessie. “The Right to Infrastructure: a struggle for sanitation in Fresno, California homeless encampments.” Urban Geography, vol. 37, no. 7. 2016. https://www.tandfonline.com/doi/full/10.1080/02723638.2016.1142150 Stachelski, Chris and Gary Sanger. The Climate of Fresno, California. U.S. Department of Commerce National Oceanic and Atmospheric Administration, 2008. https://permanent.fdlp.gov/gpo9576/TM-280.pdf. Tehee, Joshua. “Did they just say Fresno? Murals edition” The Fresno Bee. July 16, 2016, https://www.fresnobee.com/article89580802.html. Teitz, Michael, Charles Diezel and William Fulton. “Urban Development Futures in the San Joaquin Valley.” Public Policy Institute of California. 2005. https://www.ppic.org/wp-content/uploads/content/pubs/report/R_205MTR.pdf The Crystal Meth Epidemic Plaguing Fresno. Vice. 2020. “Timeline.” North Fork Rancheria of Mono Indians of California. https://www.northforkrancheria-nsn.gov/our- people/history/timeline/. Accessed on July 20, 2022. Tiret, Holly. “The benefits art therapy can have on mental and physical health.” Michigan State University Extension. May 25, 2017. https://www.latimes.com/entertainment-arts/story/2022-05-11/theater-is-back-attendance-is-down-costs-soaring- covid-19-pandemic. “Transform Fresno.” Transform Fresno. https://www.transformfresno.com/. Accessed on June 23, 2022. Paul, Rodman W. “The beginnings of agriculture in California: Innovation vs. continuity.” California Historical Quarterly, vol. 52 no. 1. 1973. https://doi.org/10.2307/25157414 “Uncovering America.” Uncovering America, National Gallery of Art. https://www.nga.gov/learn/teachers/lessons- activities/uncovering-america.html. Accessed on February 22, 2023. Venegas, Amanda. “New art center opens in iconic building in downtown Fresno.” ABC30 Fresno. April 8, 2012. https://abc30.com/scarab-creative-arts-center-downtown-fresno-artist-centers-art-rooms/10498644/ “What is Cultural Asset Mapping?” Arts & Planning Toolkit. https://artsandplanning.mapc.org/cultural-asset-mapping/. Accessed on January 10, 2023. -79- Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 10th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2023-185 TO APPROPRIATE $194,500 FOR MEASURE P ADMINISTRATION COSTS AND $9,528,100 FOR GRANTS FOR EXPANDED ACCESS TO ARTS AND CULTURE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2023-185 be and is hereby amended as follows: Increase/(Decrease) TO: PARKS, AFTER SCHOOL, RECREATION & COMMUNITY SERVICES DEPARTMENT Meas P Arts and Culture $ 9,722,600 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Meas P Arts and Culture Revenues: Account String: 2700-2704-1700-350-431320-17-4-0000-0000- $ 9,722,600 Total Revenue $ 9,722,600 Appropriations: Account String: 2700-2704-1700-350-653302-17-4-0000-0000- $ 194,500 2700-2704-1700-350-658004-17-4-0000-0000- 9,528,100 Project String: 171500001-NSS-ADMIN-2704NONPER Total Appropriations $ 9,722,600 THAT the purpose is to appropriate $9,722,600 for administration and grant costs for expanded access to Arts and Culture. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy Page 1 of 45 ADMINISTRATIVE SERVICES AGREEMENT FOR THE EXPANDED ACCESS TO ARTS AND CULTURE GRANT PROGRAM THIS AGREEMENT is made and entered into effect on August 10, 2023, by and between the City of Fresno, a California municipal corporation (City), and Fresno Arts Council, a non-profit corporation (Service Provider) to provide grant management and administration of the Measure P Expanded Access to Arts and Culture Grant Program. RECITALS WHEREAS, The Fresno Arts Council entered into a Memorandum of Understanding with the City of Fresno on December 20, 1989 , wherein the Fresno Arts Council’s role in partnering, seeking funding, conducting research, preparing plans, holding public meetings and advising on matters relating to cultural arts policy, planning and budgeting issues are outlined; and WHEREAS, in 2018 a majority of Fresno voters approved Measure P – the Fresno Clean and Safe Neighborhood Parks Transaction and Use Tax (Measure P), which was thereafter codified in Chapter 7, Article 15 of the Fresno Municipal Code (FMC); and WHEREAS, Measure P imposes a retail and transaction tax for the purpose of providing clean and safe parks; new parks and recreation facilities; youth and senior recreation and after-school facilities and job training; improved walking and biking trails; the San Joaquin River Parkway; beautification of streets; and expanded access to arts and culture; and WHEREAS, FMC Section 7-1506(b)(4)(A) requires that 12% of the funds made available pursuant to Measure P be made available on an annual basis to invest in competitive grants for nonprofit organizations that support and expand access to arts and cultural programming; and WHEREAS, FMC Section 7-1508(a) states the authority to expend funds, issue grants, or enter into contracts or memoranda of understanding relating to Measure P revenues is delegated to the City of Fresno; and WHEREAS, grants funded pursuant to FMC Section 7 -1506(b)(4)(B) shall be implemented by the Parks, Recreation and Arts Commission (PRAC) in partnership with the Fresno Arts Council, or its successor local arts agency; and WHEREAS, The Fresno City Council passed a resolution on May 25, 2023 , which directs the City of Fresno to contract with the Fresno Arts Council for administrative services relating to implementing the provisions of FMC Section 7 -1506(b)(4)(A), subject to the provisions of Measure P and further Council direction in accordance therewith; and WHEREAS, this Agreement will be administered for the City by its PARCS Director (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 2 of 45 1. Scope of Services. The Service Provider shall perform to the satisfaction of City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance . This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect for a five-year period concluding on August 10, 2028, subject to any earlier termination in accordance with this Agreement . The services of the Service Provider as described in Exhibit A are to commence upon a written notice to proceed provided to the Service Provider and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Notice to Proceed. (a) The Parks, Recreation and Arts Commission (PRAC) shall work in partnership with the Service Provider and cultural stakeholders, to develop a Cultural Arts Plan for the City of Fresno that would identify needs in the arts and cultural community; prioritize outcomes and investments; and develop a vision and goals for the future of Fresno arts and cultural programs that are reflective of the cultural, demographic, and geographic diversity of Fresno. This process shall include a robust community engagement process, including multiple public meetings. (b) Following adoption of the Cultural Arts Plan by the Fresno City Council, and the completion of the Risk Assessment by the Service Provider (Exhibit B) the Fresno Arts Council shall receive a written notice to proceed from the City Manager or designee. Upon receipt of the notice to proceed, the Fresno Arts Co uncil may begin work under this Agreement. (c) The City Manager or designee shall, each fiscal year, provide a written notice to proceed to the Service Provider which includes the total funding available for Services and the total funding available for grants. 4. Measure P Compliance. (a) The Scope of services outlined in this Agreement shall be implemented in compliance with the Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax (Measure P) FMC Chapter 7, Article 15, attached herein as Exhibit C. The Service Provider shall provide quarterly updates to the PRAC on the status of the deliverables outlined in the scope of work (Exhibit A). Quarterly reports shall be submitted on October 1st, January 1st, April 1st, and July 1st. (b) Pursuant to FMC Section 7-1510(b), no bonds or liens shall be secured by any revenues or interest generated from Measure P funding. 5. Compensation for Administration (a) The Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be an annual total fee not to exceed 2% of funding accrued pursuant to Section 7-1506(b)(4)(A) and authorized under Section 7-1508(e)(3) of Measure P. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 3 of 45 (b) Total fee shall be paid on the basis of the rates set forth in the schedule of fees and expenses contained in Section II of Exhibit A. Such fee includes all expenses incurred by the Service Provider in performance of the services. (c) Funding received for the purposes of administering the Expanded Access to Arts and Culture grant program shall be held by the Service Provider in a separate account and the Service Provider must maintain a separate method of tracking all Measure P funding provided for administration costs. Funding shall not be comingled with revenue from other sources, including revenue made available for gran ts to non- profits described in Section 5 of this Agreement. (d) In fulfilling the obligations contained within this Agreement, the Service Provider shall not self-award grant funding to the Service Provider for administrative costs associated with administering the Expanded Access to Arts and Culture Grant program pursuant to Section 7-1506(b)(4). (e) The City of Fresno Finance Department shall notify the Service Provider annually, in writing, of the total accruals available for program implementation/administration authorized under Section 7-1508(e)(3). The Finance Department shall remit funds to the Service Provider for program implementation annually by October 1st of each calendar year (see Section II of Exhibit A- Service Provider Total Compensation and Payment Terms). (f) The parties may modify this Agreement to increase or decrease the scope of services (see Section I of Exhibit A, intended to be all encompassing such that Service Provider handles all aspects of any services and appurtenant requirements) or provide for the retention of services not required by this Agreement, which modification shall not receive additional compensation for such services. Should additional services outside the scope of services be necessary, the Parties may modify this Agreement in writing. Any additional compensation, therefore, shall be from sources other than Measure P. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Service Provider shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 6. Expanded Access to Arts and Culture Grant Program Funding. (a) Pursuant to Section 7-1506(b)(4)(A) funding shall be provided to the Service Provider for the purposes of the Expanded Access to Arts and Culture Grant Program. Grant Program funding shall be held by the Service Provider in a separate account and the Service Provider must maintain a separate method of tracking all Measure P funding. Funding shall not be comingled with revenue from other sources, or with funding allocated for program administration under Section 4 of this Agreement. Any carryover funding shall be identified. (b) All interest earned from this grant award shall be used by the Service Provider for arts and culture grants pursuant to Section 7-1506(b)(4)(A). (c) Annually the City of Fresno Finance Department shall notify the Service Provider, in writing, of the total accruals available for competitive grants pursuant to Section 7-1506(b)(4)(A). The Finance Department shall remit funds to the Service Provider for competitive grants annually by October 1st. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 4 of 45 7. Audit Requirements. (a) The Service provider shall maintain financial records in accordance with Generally Accepted Accounting Principles (GAAP) and will be subject to an annual independent audit for financial reporting and program compliance . The annual independent audit shall be funded and coordinated by the City of Fresno Department of Finance and conducted by an external auditor. The Service provider shall provide all requested financial records no later than September 30th for each preceding year. (b) The City of Fresno is required to prepare and publish an Annual Comprehensive Financial Report (ACFR) which includes an independe nt auditor’s report. The results of audit findings associated with the funds managed under this Administrative Service Agreement by the Service Provider may have a material impact on the City of Fresno’s ACFR. If at any time the annual independent audit results in significant or material findings, this Agreement shall be subject to reopening, renegotiation and/or termination. 8. Termination, Remedies, and Force Majeure. (a) This Agreement shall terminate without any liability of the City to the Service Provider upon the earlier of: (i) The Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Service Provider; (ii) fourteen calendar days’ prior written notice with or without cause by the City to the Service Provider; (iii) the City’s non- appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Service Provider shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Service Provider that are owned by the City. Subject to the terms of this Agreement, the Service Provider shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Service Provider shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Service Provider to satisfactorily perform in accordance with the terms of this Agreement , the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Service Provider, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Service Provider, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 5 of 45 (e) The Service Provider shall provide the City with adequate written assurances of future performance, upon Administrator’s request, in the event the Service Provider fails to comply with any terms or conditions of this Agreement. (f) The Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Service Provider shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable di spatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 9. Confidential Information and Ownership of Documents (a) Any reports, information, or other data prepared or assembled by the Service Provider pursuant to this Agreement shall not be made available to any individual or organization by the Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, the Service Provider shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confid ential Information shall be and remain confidential and proprietary in the City. (b) Any and all writings and documents prepared or provided by the Service Provider pursuant to this Agreement for the purposes of administering the Expanded Access to Arts and Culture Grant Program are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement. The Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If the Service Provider should subcontract all or any portion of the services to be performed under this Agreement, the Service Provider shall cause each subcontractor to also comply with the requirements of this Section 9. (d) This Section 9 shall survive expiration or termination of this Agreement. 10. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Service Provider represents to the City that the Service Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and the Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 6 of 45 not operate as a release of the Service Provider or any subcontractors from said industry and professional standards. 11. Indemnification. To the furthest extent allowed by law, the Service Provider shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the City, the Service Provider or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this Agreement), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. The Service Provider’s obligations under the preceding sentence shall apply regardless of whether the City or any of its officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of the City or any of its officers, officials, employees, agents or volunteers. If the Service Provider should subcontract all or any portion of the work to be performed under this Agreement, the Service Provider shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 12. Insurance. (a) Throughout the life of this Agreement, the Service Provider shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit D shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Service Provider or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Service Provider shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 7 of 45 limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Service Provider shall not be deemed to release or diminish the liability of the Service Provider, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Service Provider, its principals, officers, agents, employees, or persons under the supervision of the Service Provider, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. 13. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Service Provider shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit E. During the term of this Agreement, the Service Provider shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Service Provider in such statement. (b) As the Expanded Access to Arts and Culture Grant Program administrator, the Service Provider shall not apply for grant funding. (c) The Service Provider shall not serve as an administrative agent on behalf of any grant applicant or any grantee awarded funding under the Expanded Access to Arts and Culture Grant Program. (d) The Service Provider shall comply with, and require its grant review and scoring committee members or any subcontractor, to comply with, all applicable: (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City, the Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. The Service Provider shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Service Provider shall immediately notify the City of these facts in writing. (e) In performing the work or services to be provided hereunder, the Service Provider shall not employ or retain the services of any person while such person either is employed by the City or is a member of any the City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 8 of 45 (f) The Service Provider represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit , or procure this Agreement or any rights/benefits hereunder. (g) The Service Provider and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, the Service Provider shall remain responsible for complying with Section 9(a), above. (h) If the Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Service Provider shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (i) This Section 13 shall survive expiration or termination of this Agreement. 14. Public Right of Way. (a) The Service Provider shall not recommend for award any grant applications within the City of Fresno right of way for award without prior written approval to proceed from the City of Fresno. The Service Provider shall provide a list of grant applications within the City of Fresno right of way that are recommended for award to the PARCS Department. The PARCS Department shall coordinate with the City Manager to facilitate preliminary review and written approval to proceed. The Service Provider shall incorporate 10 business days in the grant review and award schedule to account for this process. (b) Any projects within the public right of way that are awarded grant funds are subject to all City of Fresno permitting and approval processes. Service Provider shall ensure costs associated with permitting and approval for projects within the public right of way are eligible for reimbursement in grant agreements.. (c) Any art or cultural installation or capital improvement installed or affixed to the City’s right of way shall become property of the City of Fresno. This does not apply to temporary installations or exhibits. 15. Recycling Program. In the event the Service Provider maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Service Provider at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling the City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit and cooperate with such Division in their conduct of the audit for each office and facility. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 9 of 45 (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 16. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b) Records of the Service Provider’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three (3) years from project completion or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Service Provider pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Service Provider should subcontract all or any portion of the services to be performed under this Agreement, the Service Provider shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 16(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Service Provider shall have provided evidence to the City that the Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If the Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, the Service Provider shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 17. Nondiscrimination. To the extent required by controlling federal, state and local law, the Service Provider shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Service Provider agrees as follows: (a) The Service Provider will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Service Provider will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 10 of 45 orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Service Provider shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Service Provider’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, includ ing apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of the Service Provider in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Service Provider will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Service Provider should subcontract all or any portion of the services to be performed under this Agreement, the Service Provider shall cause each subcontractor to also comply with the requirements of this Section 17. 18. Independent Contractor. (a) In the furnishing of the services provided for herein, the Service Provider is acting solely as an independent contractor. Neither the Service Provider, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Service Provider shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Service Provider is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Service Provider and the City. The Service Provider shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Service Provider shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Service Provider shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 11 of 45 welfare and retirement benefits. In addition, together with its other obligations under this Agreement, The Service Provider shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Service Provider’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or f unds offered employees of the City whether arising by reason of any common law, de facto, leased, or co - employee rights or other theory. It is acknowledged that during the term of this Agreement, the Service Provider may be providing services to others unrelated to the City or to this Agreement. 19. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 20. Binding. Subject to Section 21, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 21. Assignment. (a) This Agreement is personal to the Service Provider and there shall be no assignment by the Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) the Service Provider hereby agrees not to assign the payment of any monies due the Service Provider from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). the City retains the right to pay any and all monies due the Service Provider directly to the Service Provider. 22. Compliance With Law. In providing the services required under this Agreement, the Service Provider shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 23. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 12 of 45 Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 24. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 25. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 26. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 27. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 28. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 29. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 30. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 31. Amendments. The City Manager or designee is authorized to modify the Scope of Work (Exhibit A- Section I), including modifications to the timelines, set forth herein. Any changes shall be made only by means of a written amendment dually signed by the City Manager and Service Provider. 32. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 33. No Third-Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 13 of 45 34. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Service Provider. 35. The City Manager or designee is hereby authorized and directed to execute and implement this Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 14 of 45 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: GEORGEANNE A. WHITE City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date Addresses: CITY: City of Fresno Attention: Aaron A. Aguirre, Director 1515 E. Divisadero Street Fresno, CA 93721 Phone: (559) 621-2900 FRESNO ARTS COUNCIL, a nonprofit corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) SERVICE PROVIDER: FRESNO ARTS COUNCIL Attention: Lilia Gonzales-Chavez, Executive Director 1245 Van Ness Ave. Fresno, CA 93721 Phone: (559) 237-9734 Attachments: 1. Exhibit A – Scope of Services & Compensation 2. Exhibit B – Risk Assessment 3. Exhibit C – Measure P Ordinance 4. Exhibit D – Insurance Requirements 5. Exhibit E – Conflict of Interest Disclosure Form DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97 Lilia Gonzales Chavez Executive Director DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Sal Lucatero Secretary Page 15 of 45 EXHIBIT A SCOPE OF SERVICES & COMPENSATION Administrative Service Agreement between the City of Fresno and the Fresno Arts Council SECTION I Scope of Services Deliverable #1: Grant Guideline Development for the Measure P Expanded Access to Arts and Culture Grant Program. 1. The Service Provider, in partnership with the PRAC, will develop written Grant Guidelines to make grant awards consistent with the priorities, recommendations, and strategies identified in the City adopted Cultural Arts Plan and the requirements outlined in the Fresno Municipal Code Article 15 – Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P). 2. The Service Provider, in partnership with the PRAC, shall seek community engagement and incorporate community feedback into grant guidelines. 3. The Service Provider, in partnership with the PRAC, shall develop a list of acknowledgement requirements including, but not limited to, required use of the Measure P logo, signage and funding statements(s) on all programs and projects funded in whole or in part by Measure P. 4. Grant Guidelines shall include all information necessary to ensure a transparent process, including, but not limited to: (a) Scoring criteria and project selection process for grant proposals. (b) Eligible scoring committee members. (c) A written process for public disclosure of potential conflicts of interest. (d) Priority funding categories. (e) Expenditure or project delivery deadlines, if applicable. (f) Risk assessment – Optional (see Exhibit B) 5. Grant guidelines shall include a list of funding acknowledgement requirements including, but not limited to, required use of the Measure P logo, signage and funding statement(s) on all programs and projects funded in whole or in part by Measure P. 6. Grant guidelines shall include reporting requirements and the methods to be used to evaluate the extent to which grants expanded access to arts or culture in the City of Fresno. At a minimum, data collected shall include information needed to demonstrate compliance with Section 7-1506(b)(4)(D) such as: (a) Attendance data: DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 16 of 45 (i) Number of youth participants served. Youth shall be defined as age seventeen (17) and younger. (ii) Number of adult participants served. Adult shall be defined as ages eighteen (18) through sixty-one (61). (iii) Number of senior participants served. Senior shall be defined as age sixty-two (62) and older. (b) Participant zip code data to identify the number and percentage of Fresnans served. (c) race, ethnicity, household income and gender identity. (d) For murals only: total square feet installed and location/address. 7. Grant Guidelines shall acknowledge site control requirements for public or private facilities not owned by the grantee, including any permit or approval requirements for projects or programs within the City of Fresno’s right of way per the terms outlined in Section 14 of this agreement. 8. Grant Guidelines shall list, describe and adhere to requirements for grant funding outlined within Section 7-1506(b)(4)(D) and Section 7-1506(b)(4)(E). 9. Grant Guidelines shall be reviewed by PRAC in partnership with the Service Provider, at a minimum, every five (5) years to ensure compliance with the grant program. 10. By majority vote, PRAC may review and amend the Grant Guidelines no more than once a year. Grant guidelines and any subsequent amendments must be adopted by the Fresno City Council (FMC Section 7-1509(e)(3)) prior to proceeding with Deliverable #3. Timeline: Development of Grant Guidelines will commence upon approval of this agreement by the Fresno City Council. Deliverable #2: Grant Guideline Approval 1. Prior to releasing the notice of funding opportunity to non-profits, the PRAC along with the Service provider shall present draft guidelines before the PRAC. In accordance with Section 7-1509(e)3, the PRAC shall review and make recommendations for the City Council’s adoption of competitive grant program guidelines. 2. The Grant Guidelines prepared by the Service Provider and PRAC shall be presented to the Fresno City Council by the PARCS Department, for consideration and adoption. Timeline: Year one: DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 17 of 45  September 25, 2023* - The first draft of the grant guidelines will be presented to the PRAC.  October 5, 2023* - Final draft guidelines will be presented to the Fresno City Council for consideration and adoption. *timeline is subject to change based on PRAC and/or Council actions. Deliverable #3: Release Notice of Funding Opportunity (NOFO) Announcements and Grant Application(s) for Grant Solicitations 1. Grant solicitations shall be released according to the terms outlined in the Measure P expenditure plan Section 7-1506(b)(4). At a minimum, grant solicitations shall occur at least once per year. 2. The PRAC in partnership with the Service Provider shall use multiple solicitations that allow for a diverse set of programs, with different program sizes and reach, including core operating and project-support grants. 3. The Service Provider shall provide, at minimum, a 60-day public NOFO for all grant solicitations. 4. The Service Provider, in partnership with the PRAC, shall ensure that grant solicitations are provided in English, Hmong, Punjabi and Spanish and other languages as requested. 5. The Service Provider, in partnership with the PRAC, shall ensure that grant solicitations are provided in an accessible format, in accordance with the Americans with Disabilities Act (ADA) requirements. Timeline:  NOFO shall be released within thirty calendar days of completion of deliverable #2.  NOFO shall, at a minimum, be posted for 60 calendar days. Deliverable #4: Provide Technical Assistance to Grantee s 1. The Service Provider shall provide technical assistance and support to all applicants at no-cost to the applicant to ensure equitable access to available funds. Timeline:  Technical Assistance will be available for 60 calendar days from the release date of any NOFO/grant application. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 18 of 45 Deliverable #5: Collect, Review and Make Recommendations for Award of Grant Funds 1. Grant applications shall be submitted to the Service Provider. 2. The Service Provider shall convene a scoring committee which includes the PRAC Cultural Arts Subcommittee, to review, score and prepare recommendations for grant awards to PRAC. 3. Pursuant to FMC Section 7-1506(b)(4)(B), PRAC shall ensure that the grant applications are reviewed in a transparent, competitive process. 4. The Service Provider shall ensure that all grantees recommended for award are verified nonprofit organizations with a 501(c)3 in good standing with state and federal entities prior to entering into a grant agreement. The Service Provider shall keep documents substantiating this verification on file for three (3) years from project completion. Timeline:  Grant application review will begin within 30 calendar days from the date the NOFO/ grant application period closes.  Grant application review will be completed within 60 to 90 calendar days from the date the NOFO/grant application period closes. Deliverable #6: Acceptance of Recommended Grant Awards 1. In partnership with the PRAC Cultural Arts Subcommittee, the Service Provider shall present a list of recommended grantees, award amounts, project titles and a brief summary of the project location, scope, schedule and anticipated impact to PRAC for review and acceptance of the list of recommended grantees. 2. Following PRAC acceptance in deliverable 6.1, the Service Provider shall have the delegative authority to make awards under the Expanded Access to Arts and Culture Grant Program on behalf of the City. 3. The Service Provider shall maintain a list of all applicants including the amount of grant funding requested by each applicant and the scope of work. The list shall be furnished to the City upon request. Timeline:  Service Provider to present grant recommendations to PRAC within 120 calendar days of the date the NOFO/grant application period closes. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 19 of 45 Deliverable #7: Grant Agreements 1. Service Provider to enter into grant agreements with all grantees that include a detailed scope of work, budget, schedule for project or program completion, expected project or program deliverables, and any information needed to ensure transparency including, but not limited to, progress reporting requirements and metrics to measure the community impacts of the grant as outlined in Deliverable #1. Grant agreements shall also include a list of funding acknowledgement requirements including, but not limited to, use of the Measure P logo, signage and funding statement(s) on all programs and projects funded in whole or in part by Measure P. 2. Fully executed copies of all grant agreements shall be retained by the Service Provider for a minimum of three (3) years from grant completion, and available to the City of Fresno upon request. 3. In pursuit to FMC Section 7-1506(b)(4)(A), Service Provider to collect all documents required to ensure non-profits are in good standing, including tax ID information, signature authority and other documentation required in the grant guidelines provided. 4. The Service Provider shall submit any proposed grant project or program occurring within the City of Fresno right of way to the City Manager for written approval prior to executing a grant agreement with grantee. At least 10 business days must be allowed for review. 5. The Service Provider shall include any expenditure deadlines and/or carryover provisions within the grant agreement. Timeline:  Grantee Agreements shall be fully executed within 30-calendar days from completion of Deliverable #6 – Adoption by PRAC. Deliverable #8: Project Delivery 1. The Service Provider shall manage grantee oversight and monitoring to ensure Expanded Access to Arts and Culture grants are delivered according to the scope of work, schedule, budget and expected deliverables stated in the grant agreement and available to the City of Fresno upon request. 2. The Service Provider shall provide limited-scope technical assistance to all grantees for the duration of each grant agreement. 3. Any grant funding that remains unspent following the conclusion or cancelation of grants awarded by the Service Provider shall be re-appropriated for the Expanded Access to Arts and Culture Grant Program. Unspent grant funding shall not be appropriated to Grant Program administration, which is limited to a maximum of 2% of annual accruals under the Measure P Ordinance. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 20 of 45 Timeline:  Ongoing, throughout term of agreement Deliverable #9: Payment Processing and Fiscal Oversight 1. The Service Provider shall manage all grant payment processes and record management according to Generally Accepted Accounting Principles (GAAP). 2. The Service Provider will ensure all awardees are compliant and are verified 501(c)(3) organizations in good standing with State and Federal Entities prior to all grant funding disbursements. 3. Service Provider to maintain and make available to the City of Fresno upon request fiscal documentation including general ledgers, invoices, encumbrances, receipts, progress reporting and other records and population requests as necessary for fiscal oversight. 4. Service Provider shall make available a general ledger listing of annual activity; including, but not limited to transaction date, dollar amount, a brief description of each expenditure, and vendor name. Timeline:  Annually by September 30th for the preceding fiscal year. Deliverable #10: Reporting and Accountability 1. Service Provider to provide a minimum of quarterly progress updates to PRAC on the status Exhibit A deliverables #1 through #8 in accordance with section 4 of the agreement. Timeline: Quarterly updates will be presented to the PRAC according to the following schedule:  October Report – July through September  January Report – October through December  April Report – January through March  August report – April through June 2. Service Provider shall provide annual reporting to the City of Fresno PARCS Department and PRAC which includes, at a minimum: (a) A written report on the progress made toward achieving each of the goals and priorities listed in the Cultural Arts Plan. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 21 of 45 (b) A written report demonstrating that grants funded pursuant to Section 7-1506 (4) (B) prioritized organizations and programs that support and expand diverse public or youth engagement or equity, consistent with Section 7-1506(4)(E) requirements. (c) Data demonstrating that funding for operating support that was distributed supported organizational stability for arts and cultural organizations that reflect the cultural, geographic and demographic diversity of the City of Fresno; and reflect the proportion of each grantee’s overall operations that serves residents within, or visitors to, the City of Fresno Sphere of Influence. (Section 7-1506(4)(D) Data shall include: (a) Attendance data by grantee: (i) Total number of youth participants served. Youth shall be defined as age seventeen (17) and younger. (ii) Total number of adult participants served. Adult shall be defined as ages eighteen (18) through sixty-one (61). (iii) Total number of senior participants served. Senior shall be defined as age sixty-two (62) and older. (b) Participant zip code data to identify the number and percentage of Fresnans served. (c) Summary of total Race, ethnicity, household income and gender identity. (d) Photos and/or videos highlighting grant funded projects, events, programs, etc. (e) For murals only: total square feet installed and location/address. (f) Other information, as requested by PRAC. Timeline: Annually by September 30th for the preceding fiscal year. Note: timelines listed within Exhibit A-Section I may be modified in accordance with Section 31 of this agreement. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 22 of 45 SECTION II Service Provider Total Compensation and Payment Terms 1. In making the expenditures provided in Section 7-1506(4), the Service Provider shall be permitted to use no more than two percent (2%) of the funds allocated pursuant to Section 7-1506(4) and authorized under Section 7-1508(e)(3) on an annual basis for administrative costs associated with the delivery of programs and projects pursuant to each paragraph. 2. City to compensate the Service Provider according to the following schedule: Agreement Year Measure P Receipts Compensation Payment Date 1 June 1, 2021 to June 30, 2023 Total fee not to exceed 2% of funding received pursuant to Section 7- 1506(b)(4)(A) and authorized under Section 7-1508(e)(3) of Measure P during the agreement year 1 accrual period. October 1, 2023 or within thirty days of contract execution if executed after October 1, 2023. 2 July 1, 2023 to June 30, 2024 Total fee not to exceed 2% of funding received pursuant to Section 7- 1506(b)(4)(A) and authorized under Section 7-1508(e)(3) of Measure P during the agreement year 2 accrual period. October 1, 2024 3 July 1, 2024 to June 30, 2025 Total fee not to exceed 2% of funding received pursuant to Section 7- 1506(b)(4)(A) and authorized under Section 7-1508(e)(3) of Measure P during the agreement year 3 accrual period. October 1, 2025 4 July 1, 2025 to June 30, 2026 Total fee not to exceed 2% of funding received pursuant to Section 7- 1506(b)(4)(A) and authorized under Section 7-1508(e)(3) of Measure P during the agreement year 4 accrual period. October 1, 2026 5 July 1, 2026 to June 30, 2027 Total fee not to exceed 2% of funding received pursuant to Section 7- 1506(b)(4)(A) and authorized under Section 7-1508(e)(3) of Measure P during the agreement year 5 accrual period. October 1, 2027 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 23 of 45 EXHIBIT B – Risk Assessment Completion of the risk assessment below is required prior to issuing the notice to proceed. The Risk Assessment shall be completed and provided to the City of Fresno PARCS Department. Information contained within the Risk Assessment is collected for program and financial compliance purposes. Service Provider Contact Information Full Legal Organization/Business Name: Address: City, State, Zip: Telephone number: E-mail address: Website: How long has your organization been in business? Number of employees: EIN (Employee ID Number): Organization fiscal year range: Service Provider Type of Organization (select one): Government Nonprofit corporation Other corporation Individual Service Provider Personnel Contact Information Contact for Subaward Name: Title: Telephone Number: E-mail Address: Attachments: Please attach the following or check N/A if not applicable. Document Attached N/A a. IRS Determination Letter (granting income tax exemption under IRC § 501(c)(3)) b. Form 990 or 990-EZ from the last two (2) years, including Form 990- DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 24 of 45 T and all supporting schedules and attachments c. List of all awards to Service Provider from City of Fresno during the last two (2) years 1. Has your agency operated with or managed grant funds (within the last 3 years)? Yes No 2. Has your agency’s annual financial statements been audited by an independent audit firm? If yes, provide a copy of the statement from the last fiscal year. Yes No 3. If the answers to Questions 2 or 3 is yes, were there any findings or questioned costs in the last two (2) fiscal years? If yes, please explain any findings or questioned costs. Yes No Not Applicable Explanation (if applicable): 4. Are all payments properly documented with evidence or receipt of goods or performance of services? Yes No 5. Has your agency had any significant changes in key personnel within the past 12 months? (e.g., Controller, Exec. Director, Program Manager, Accounting Manager, etc.) If yes, please explain. Yes No DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 25 of 45 Explanation (if applicable): 6. Does your agency have policies that address the following? If yes, please provide a copy. Ethics/Professional Conduct Yes No Pay Rates and Benefits Yes No Discrimination Yes No Purchasing/Procurement Yes No Property and Equipment Yes No Segregation of Duties Yes No Record Retention Yes No 7. Does your agency certify that they are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State department or agency? Yes No By its authorized signatory below, your agency hereby certifies and attests to the accuracy of the above responses and all corresponding information has been transmitted to the City of Fresno PARCS Department. Signature: ______________________________________________________ Printed Name: __________________________________________________ Title: __________________________________________________________ Phone Number: __________________________________________________ Date: ___________________________________________________________ DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 26 of 45 EXHIBIT C – Measure P Ordinance DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 27 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 28 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 29 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 30 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 31 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 32 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 33 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 34 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 35 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 36 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 37 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 38 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 39 of 45 DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 40 of 45 EXHIBIT D - INSURANCE REQUIREMENTS Administrative Service Agreement between the City of Fresno (City) and the Fresno Arts Council (Service Provider) MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non -owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Service Provider’s profession. MINIMUM LIMITS OF INSURANCE The Service Provider, or any party the Service Provider subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: 1. $1,000,000 per occurrence for bodily injury and property damage; 2. $1,000,000 per occurrence for personal and advertising injury; DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 41 of 45 3. $2,000,000 aggregate for products and completed operations; and, 4. $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions) appropriate to the Service Provider’s profession: (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Service Provider purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non - contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Service Provider shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Service Provider shall also be responsible for payment of any self -insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager or his/her designee. At the option of the C ity’s Risk Manager or his/her designee, either: 1. The insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees, agents and volunteers; or 2. The Service Provider shall provide a financial guarantee, satisfactory to the City’s Risk Manager or his/her designee, guaranteeing payment of losses and related DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 42 of 45 investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self -insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. The Service Provider shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, the Service Provider’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, agents and volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it. The Service Provider shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non‑contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: The Service Provider and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents and volunteers. If the Professional (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by the Service Provider. 2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 43 of 45 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Service Provider, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Service Provider is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Service Provider shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Service Provider shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by the Service Provider shall not be deemed to release or diminish the liability of the Service Provider, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Service Provider, its principals, officers, agents, employees, persons under the supervision of the Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE The Service Provider shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 44 of 45 authorized agent or broker. Upon request of the City, the Service Provider shall immediately furnish the City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS If the Service Provider should subcontract all or any portion of the services to be performed under this Agreement, the Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated. The subcontractors' certificates and endorsements shall be on file with the Service Provider prior to the commencement of any work by the subcontracto r. DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Page 45 of 45 EXHIBIT E DISCLOSURE OF CONFLICT OF INTEREST ADMINISTRATIVE SERVICES AGREEMENT FOR THE CITY OF FRESNO EXPANDED ACCESS TO ARTS AND CULTURE GRANT PROGRAM YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date Name Company Address ☐ Additional page(s) attached. City, State, Zip DocuSign Envelope ID: 0E4A0696-A05E-4AFB-A842-4DE88E110A97DocuSign Envelope ID: 1A19B576-6144-4CE1-AF96-3628E3B66DC1 Fresno CA 93721 X X 1245 Van Ness Ave 8/2/2023 X X Fresno Arts Council X X Lilia Gonzales Chavez City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1044 Agenda Date:8/10/2023 Agenda #: 1.-H. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department BY:MELISSA ALMAGUER, Parking Division Manager Planning and Development Department SUBJECT Approve First Amendment to Service Agreement entered between the City of Fresno, and ACE Parking Management III, LLC to provide revenue controls, customer service, and maintenance at the City’s portfolio of parking assets adding Tower Theater Parking Lot for an increase of $51,040.80 for a total fee of $13,230,332. RECOMMENDATION Staff recommends approval of the First Amendment to Service Agreement entered between the City of Fresno, and ACE Parking Management III, LLC to provide revenue controls, customer service, and maintenance at the City’s portfolio of parking assets adding Tower Theater Parking Lot for an increase of $51,040.80 for a total fee of $13,230,332. EXECUTIVE SUMMARY On January 17, 2021, the City entered into an agreement with ACE Parking Management III, LLC, for Parking Facilities Management services through January 17, 2026. On July 22, 2022, the City added the Tower Theater and associated parking lot to its inventory for parking oversight. This amendment adds the Tower Theater Parking Lot to the agreement with ACE Parking Management III, LLC, for the remaining term of the contract for $51,040.80 bringing the contract total to $13,281,372.80. BACKGROUND On January 17, 2021, the City entered into an agreement with ACE Parking Management III, LLC for Parking Facilities Management services through January 17, 2026. On July 22, 2022, the City added the Tower Theater and associated parking lot to its inventory for parking oversight. This amendment adds the Tower Theater Parking Lot to the agreement with ACE Parking Management III, LLC, for the remaining term of the contract for $51,040.80 bringing the contract total to $13,281,372.80. City of Fresno Printed on 8/3/2023Page 1 of 2 powered by Legistar™ 8/10/2023 TABLED TO NO RETURN DATE File #:ID 23-1044 Agenda Date:8/10/2023 Agenda #: 1.-H. The parties incorporate the use of the following services to manage and maintain the Tower Theater Parking Lot:Security Service $670 monthly;AmeriSweep,Inc.$350 monthly;Management fee $397.80 monthly (Management fee based on stall count 130 x $3.06 per stall),for a total monthly fee of $1,417.80;and a grand total of $51,040.80 for the contract term.The total compensation for this work is increased to $13,281,372.80 for satisfactory performance of the Service Agreement. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE Local preference was not implemented because this item is the approval of a change order that pertains to an existing service agreement. FISCAL IMPACT There will be an impact on the General Fund of approximately $51,040.80,for the services that will be rendered to manage and maintain the Tower Theater Parking Lot.The cost of services will come from the General City Purpose fund and are outlined on Exhibit A of the Amendment and will include security services, cleaning services and the associated management fees. Attachment: First Amendment to ACE Parking Agreement ACE Parking Agreement City of Fresno Printed on 8/3/2023Page 2 of 2 powered by Legistar™ 2 FIRST AMENDMENT TO SERVICE CONTRACT THIS FIRST AMENDMENT TO SERVICE CONTRACT (Amendment) made and entered into effective _________________, 2023 (Effective Date), amends the Service Agreement entered between the CITY OF FRESNO, a California municipal corporation (City), and ACE PARKING MANAGEMENT, a California Corporation (Contractor). RECITALS WHEREAS, the City and the Contractor entered into a Service Agreement on January 27, 2021 (Agreement), to provide revenue controls, customer service, and maintenance at the City’s portfolio of parking assets, for a total fee of $13,230,332; and WHEREAS, the City has obtained the Tower Theater Parking Lot with 130 parking stalls. The parties incorporate the use of internet wireless technology to manage and operate the parking stalls; and WHEREAS, the City and the Contractor’s desire to keep the Term and Time for Performance contemplated in the Agreement without revision; and WHEREAS, with entry into this Amendment, the Contractor agrees it has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, the parties amend that the Agreement as follows: 1.The Contractor shall perform the additional services for the Tower Theater Parking Lot as described in Exhibit A for $51,040.80. 2.The Contractor’s total compensation for the Agreement shall be increased to $13,281,372.80. 3.Except as otherwise provided herein, the Agreement remains in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE.] 3 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation By: Melissa Almaguer Date Parking Division Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy ACE PARKING MANAGEMENT A California corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) Attachment: Exhibit A EXHIBIT A 1. Security Service for $670 monthly; 2. AmeriSweep, Inc. for $350 monthly; 3.Management fee $397.80 monthly (Management fee based on stall count 130 x $3.06 per stall), for a total monthly fee of $1,417.80; 4.Grand total of $51,040.80 for the contract term. RFP 3 -14 06/25/13CAOApprovedJR PARKING FACILITIES MANAGEMENT SERVICE CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as City), and ACE PARKING MANAGEMENT, a California corporation (hereinafter referred to as Contractor) as follows: 1.CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal," Exhibits Attached hereto, and the "Specifications" including "General Conditions," "Special Conditions", “Federal Conditions”, “Functional Specifications” and “Technical Requirements” for the following: RFP FOR PARKING FACILITIES MANAGEMENT (Request for Proposals No. 9554) copies of which are annexed hereto, together with all the documents specifically referred to in said annexed documents, including the Performance Bond, if required, are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2.PRICE. For the monetary consideration of THIRTEEN MILLION TWO HUNDRED THIRTY THOUSAND THREE HUNDRED THIRTY-TWO DOLLARS ($13,230,332), as set forth in the Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and to the satisfaction of City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3.TERM OF CONTRACT. This Contract shall be in effect for FIVE (5) years from the date of the Notice to Proceed. The Contract may be extended for up to FIVE (5), additional ONE (1) year terms in accordance with the provisions set forth in the Specifications of the Request for Proposals. 4.PAYMENT. City accepts Contractor's Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. Contractor agrees to accept electronic payment from City. 5.INDEMNIFICATION: Contractor shall indemnify, hold harmless and defend City and each of its officers, officials employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of the City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be DocuSign Envelope ID: 8A524418-FB92-475B-9DE8-7CAFF43D4420 RFP 3 -14 06/25/13CAOApprovedJR performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 6.ADDITIONAL/AMENDED TERMS OF AGREEMENT: Attached hereto as ExhibitA. The terms and conditions contained in Exhibit A shall supersede any inconsistentor conflicting terms contained within the Contract Documents. IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor's, and this Contract shall be binding and effective upon execution by both parties. CITY OF FRESNO, A California municipal corporation By: [Name], [Title] APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Kristi Costa Date Deputy City Attorney ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy [CONTRACTOR NAME], [Legal Identity] By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) DocuSign Envelope ID: 8A524418-FB92-475B-9DE8-7CAFF43D4420 J Baumgardner Ace Parking III, LLC CEO Owner Keith Jones Director Jennifer Clark 1/26/2021 1/26/2021 RFP 3 -14 06/25/13CAOApprovedJR EXHIBIT A ADDITIONAL/AMENDED TERMS Service Agreement between City of Fresno and ACE Parking [Project Title] 1.PERFORMANCE BENCHMARKS. Parking Operator shall work with City to develop quality control quantitative benchmarks and an operational plan to meet thos e benchmarks. The City shall provide ACE Parking regular feedback onperformance benchmarks. These benchmarks are: a.Customer satisfaction as measured by surveys, complaints or othermeans b.Physical appearance of the facilities and adherence to agreed-uponstandards c.Engagement with the City, business community, and other keystakeholders in enhancing Downtown Fresno. 2.CUSTOMER FOCUS GROUP. The parties agree to establish and reasonably participate in Customer Focus Group to review operations. The Customer Focus Group shall meet at least quarterly and consist of membership as identified by the City. Within 30 days of each Customer Focus Group meeting, ACE Parking shall provide the City a summary of the meeting, and any necessary actionstaken. 3.LIQUIDATED DAMAGES . Time for completion of services is of the essence, and the City and Contractor, by executing the Contract, each agree that actual damages to the City, and actual damages for the inconvenience and loss which will flow to the inhabitants of the City, from any delay in delivery of services, or portions thereof, are extremely difficult or impossible to determine, and, accordingly, it is agreed that the contractor shall be liable for and shall pay to the City, as fixed, agreed, and liquidated damages, and not as a penalty the sum ofTwo Hundred Fifty Dollars ($250.00) per day for each calendar day of delay in delivery of service(s) from 30 days after written notice to cure from City to the Contractor. Such payment due the City will be deducted by the City from any payment due to the contractor for service(s) delivered. Otherwise, contractor will reimburse City within 30 days of receipt of invoice from the City. 4.ASSIGNMENT OF CONTRACT . The City reserves the right to assign or transfer its obligations under this contract to another entity, including but not limited to a parking authority, but is no way obligated to. Nothing herein shall be construed to permit assignment or transfer by contractor of any rights under this contract and such assignment or transfer is expressly prohibited and void. DocuSign Envelope ID: 8A524418-FB92-475B-9DE8-7CAFF43D4420 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-952 Agenda Date:8/10/2023 Agenda #:1.-I. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department BY:SOPHIA PAGOULATOS, Planning Manager Planning and Development Department SUBJECT Actions pertaining to the Consultant Services Agreement with Precision Civil Engineering, Inc.: 1. Affirm the City Manager’s determination that Precision Civil Engineering is uniquely qualified to provide the planning and environmental services related to the Residential in Office Text Amendment. 2. Approve a consultant agreement with Precision Civil Engineering for planning and environmental services related to the Residential in Office Text Amendment in the amount of $83,200. RECOMMENDATION Staff recommends that the City Council affirm the City Manager or designee to sign the consultant services agreement with Precision Civil Engineering, Inc. for planning and environmental services related to the Residential in Office Text Amendment. EXECUTIVE SUMMARY On March 30, 2023, the City Council unanimously approved Resolution 2023-064, Initiating a Text Amendment to the Zoning Ordinance pursuant to Fresno Municipal Code Section 15-5803-A (1), to permit residential conversions in the Office Zone District, allow ministerial approval of office-to- residential conversions, and allow ministerial approval of housing near bus stops and in zone districts that allow mixed-use. Consideration of this Text Amendment requires professional planning and environmental services, including analysis under the California Environmental Quality Act. Precision Civil Engineering, Inc. is uniquely qualified to provide these services. Depending on the technical studies needed, this project is estimated to be complete in 9-12 months. BACKGROUND The changing dynamics of office work have reduced the demand for office space, leaving many existing offices vacant, while at the same time, the City of Fresno is experiencing a housing shortage. The Residential in Office Text Amendment would address both of these concerns by providing a ministerial pathway to convert vacant office buildings to residential uses, as well as ministerial approval of housing near bus stops and in zone districts that allow mixed use. The California legislature is currently considering similar streamlining, and the One Fresno Housing Strategy also City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 MK/NE 7-0 File #:ID 23-952 Agenda Date:8/10/2023 Agenda #:1.-I. legislature is currently considering similar streamlining,and the One Fresno Housing Strategy also calls for ministerial approval of housing and strategic conversion of office space to affordable housing. Precision Civil Engineering,Inc.is uniquely qualified to provide the planning and environmental consulting services due to their recent experience providing these same services for the Mixed-Use Text Amendment (MUTA),which involved detailed geographic analysis to determine potential housing capacity and development of specific CEQA thresholds for water,wastewater,storm drainage,and transportation. ENVIRONMENTAL FINDINGS This approval is not a project for the purpose of CEQA Guidelines Section 15378. LOCAL PREFERENCE Precision Engineering is a local consulting firm based in Fresno, CA. FISCAL IMPACT Funding source is FY 23-24 General Fund dollars,possibly to be reimbursed by the Local Early Action Planning grant. ATTACHMENTS: Uniquely Qualified Memorandum Consultant Services Agreement City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ ALL-B Generic CSA Not to Exceed (12-2022) -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT (Agreement) is made and entered into, effective on _______________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and Precision Civil Engineering, Inc. (Consultant). RECITALS WHEREAS, the City desires to obtain professional environmental planning and consulting services for Residential in Office Text Amendment planning and environmental consulting services (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a environmental planning and consultant and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Development and Planning Director (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through December 31, 2024, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall not exceed $83,200, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. 7/12/23 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -2- (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies, and Force Majeure. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -3- consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Administrator’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all writings and documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -4- Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -5- and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub- consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -6- California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit, or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, the Consultant shall remain responsible for complying with Section 9(b), above. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -7- each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -8- a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -9- (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -10- parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -11- 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) -12- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Jennifer Clark, Director APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Date Supv./Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Addresses: CITY: City of Fresno Attention: Nadia Salinas, Project Manager 2600 Fresno St, Room 3065 Fresno, CA 93721 Phone: (559) 621-8150 E-mail: Nadia.Salinas@fresno.gov Precision Civil Engineering, Inc, Incorporated By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: CONSULTANT: Precision Civil Engineering, Inc Attention: Bonique Emerson, AICP VP of Planning/Project Manager 1234 O Street Fresno, CA 93721 Phone: (559) 449-4500 E-mail: bemerson@precisioneng.net Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 7/18/2023 President & CEO Edward Dunkel 7/21/2023 7/31/2023 ALL-B Generic CSA Not to Exceed (12-2022) Page 1 of 2 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Precison Civil Engineering, Inc. (Consultant) Residential in Office Text Amendment planning and environmental consulting services See attached Exhibit A DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) Page 2 of 2 SCHEDULE OF FEES AND EXPENSES See attached Exhibit A DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Precision Civil Engineering, Inc. (Consultant) Residential in Office Text Amendment planning and environmental consulting services MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) Page 2 of 4 (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, agents, and volunteers; or (ii) The Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) Page 3 of 4 CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, the Consultant’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: The Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of five years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days’ written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 ALL-B Generic CSA Not to Exceed (12-2022) Page 4 of 4 the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be performed under this Agreement, the Consultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the City Risk Manager or designee. If no Side Agreement is required, the Consultant will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 Page 1 of 1 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Residential in Office Text Amendment planning and environmental consulting services YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date (Name) (Company) (Address) Additional page(s) attached. (City, State Zip) DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 X Fresno, CA 93711 X X Edward Dunkel X N/A Precision Civil Engineering, Inc. X 7/21/2023 X 1234 O Street PCE No. 23-145P May 17, 2023 Exhibit A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno ("City") and Precision Civil Engineering, Inc. ("Consultant") CITYWIDE MINISTERIAL APPROVAL OF RESIDENTIAL USES IN OFFICE AND MIXED USE ZONE DISTRICTS, AND IN RESIDENTIAL DISTRICTS ADJACEMENT TO TRANSIT TASK 1. PROJECT INITIATION Task 1.1. Project Kick-Off Meeting. Upon receiving notice to proceed from the City, Consultant will facilitate a kick-off meeting with City staff to discuss the overall Work Program and Schedule in addition to developing the project definition, confirm availability of background information, and clarify project goals and objectives. From this meeting, Consultant will prepare a detailed work program and preliminary schedule. Task 1.2. Data Collection. Consultant will collect relevant data and documents from the City and will review this data for completeness and understanding to ensure the analysis is appropriate for the context and purpose of the project. Requested data will include but not be limited to the following: text amendment language, updated GIS Shapefiles, County Assessor’s Data, and sites identified for potential office conversions, if any. Task 1.3. Draft Project Description. Consultant will prepare a detailed project description that will be utilized for the environmental assessment. The project description will utilize the adopted text amendment initiation resolution to frame the description. The project description will include background information on the proposed changes to the City of Fresno Zoning Ordinance as well as the potential physical changes that the project would cause, for the purpose of CEQA analysis. These potential physical changes/ assumptions will be utilized for the impact assessment of air quality, greenhouse gas emissions, VMT analysis, etc. These potential physical changes/ assumptions include: • Conversion of office to residential uses: This assumes that a percentage of existing office uses will be converted to residential uses within the existing building footprint. Consultant will coordinate with the City to decide on a realistic percentage (or if the City has potential sites, those will be used instead) and calculate the total acreage as well as residential units that would be permitted on those sites. Consultant will also produce a map that includes all office zoned parcels that are eligible for ministerial conversion. • Proposed Housing Near Bus Stops (in existing multi-family districts): Consultant will prepare a vacant land use map of property zoned for residential uses in the City of Fresno using existing GIS data. From this, PCE will work with the City to determine the distance from a bus stop that will be considered “near” the bus stop. Consultant will also produce a map that includes all property that are eligible for ministerial conversion. DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023 • Housing in mixed use zone districts: Consultant will produce a map depicting the sites that are eligible for ministerial approval of housing. It is assumed that this will include land within the Infill Priority Area and not land on the out fringe of the City. Task 1.4. Pre-Consultation. Once the project description is reviewed and approved by the City, Consultant will prepare a pre-consultation package including the project description and related exhibits to be routed to internal divisions and external agencies as identified by the City (e.g., DPU, FAX, FMFCD, FID, Police, Fire, Caltrans, School District(s)). The purpose of pre-consultation will be to solicit written comments that may inform the environmental assessment. Any comments received will be incorporated into the analysis for the CEQA document. During the pre-consultation process, Consultant will submit a CHRIS Record Search Request with the Southern San Joaquin Valley Information Center. Results will be incorporated into the CEQA Document. In addition, the City will conduct Tribal Consultation during the pre-consultation process. Tribal consultation will include preparation of the letters, paying for and sending the letters via certified mail, and responding to consultation requests. If requested, Consultant can peer review the City’s letters. Task 1.5. Technical Studies. If it is determined during the initial scoping and drafting of the project description that technical studies may be required, Consultant will work with the City to identify a scope of work that incorporates the identified technical studies. Consultant anticipates that the major areas of impact from a CEQA perspective will be Air Quality, Noise, Utilities, and Public Services (depending on the capacity of existing City infrastructure). As such, Consultant anticipates the potential of including technical studies from sub-consultants as the project progresses. Consultant will provide the City with the scope(s) of work and cost proposals for review and approval. Consultant will facilitate the technical studies including data requests and review of drafts. The final studies will be incorporated into the CEQA document (Task 2). Deliverables: • Work program and preliminary schedule • Draft project description identifying assumptions, and related exhibits • Pre-consultation package • Technical studies (Word, PDF) TASK 2. ENVIRONMENTAL ASSESSMENT Consultant will analyze areas of impact associated with ministerial approval of office to residential conversions and mixed use in an urban setting. Although the analysis will be taken from baseline (existing conditions), Consultant will utilize existing citywide analyses prepared for the most recent General Plan EIR, PEIR, and the Mixed Use Text Amendment ISMND for those areas of impact that would not be impacted by the ministerial approval process on land that has been previously analyzed for development DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023 (i.e., Agricultural Resources, Biological Resources, Cultural Resources, Geology/Soils, Hazards, Mineral Resources, Tribal Cultural Resources, and Wildfire). Consultant will prepare an Initial Study (IS) and Negative Declaration or Mitigated Negative Declaration (ND/MND) in accordance with the requirements of the California Environmental Quality Act (CEQA) and any relevant case law. Consultant will utilize any established templates, specifications, background information or setting language if provided by the City of Fresno. The IS/ND/MND will include the following at a minimum: • Introduction - Regulatory Information and Document Format • Project Description - Project Title, Lead Agency, Contacts, Location and Coordinates, Land Use and Zoning, Project Description, Setting, Required Approval from Other Agencies, Tribal Consultation • Environmental Determination - MND or ND • Impact Analysis (per Appendix G: Aesthetics, Agriculture, etc.) • Mitigation Monitoring and Reporting Program (if applicable) - Mitigation Measure(s), Responsible Party for Implementation, Responsible Party for Monitoring, Timeframe for Implementation, Confirmation of Implementation • Technical Appendices – technical studies and analyses, including CalEEMod Output Files, and others as needed • Cover Page, Table of Contents, List of Tables and Figures. As part of this environmental analysis, Consultant will do the following: Task 2.1. Initial Study Task 2.1.A. Administrative Draft Initial Study and ND/MND*. Consultant will prepare an Administrative Draft IS and Negative Declaration/Mitigated Negative Declaration (ND/MND) in conformance with the California Environmental Quality Act (CEQA) and any relevant case law. Consultant will utilize any established templates, specifications, background information, or setting language provided by the City. The Administrative Draft IS will include the following at minimum: introduction with project overview, project description (i.e., location, vicinity, site plan, and elevations), environmental checklist form (per CEQA Guidelines), and evaluation of environmental impacts in addition to basic document components such as a cover page, table of contents, figures list, and references. The City will review the Administrative Draft IS and ND/MND and provide comments and revisions as necessary. As part of drafting the IS, Consultant will do the following: • Utilize the agreed upon project description to prepare a more detailed project description/operational statement for the initial study. • Prepare a project vicinity map to be utilized within the body for the initial study. • Establish thresholds of significance and analyze the project in relation to these thresholds. Thresholds will vary by issue area, but typically include thresholds set DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023 by legislation, policies, ordinances, and guidance documents (i.e., San Joaquin Valley Air Pollution Control District, Office of Planning and Research, Federal Emergency Management Agency, etc.). All thresholds of significance will be carefully described and defined in an environmental setting portion for each issue area. • Run CalEEMod to determine air quality impacts. • Analyze all impact sections identified in the 2023 CEQA Guidelines Appendix G checklist. • Analyze and determine the significance of project impacts for each area of potential impact. Impacts that are found to be less than significant will be described, and impacts found to be potentially significant (if any) will be described and mitigation measures that will bring impacts to below the significance thresholds will be identified. Consultant will prepare the IS/ND/MND with the following assumptions: • It is assumed that the initial analysis will result in a finding that all impacts can be reduced to less than significant with mitigation and that a ND or MND will be sufficient. After the preparation of the IS, if it is determined that significant and unavoidable impacts exist and the preparation of an Environmental Impact Report (EIR) is required, this will require an additional fee for the preparation of additional documents. See Task 2.4. • The City will provide Consultant with the comments received from internal and external agencies and departments received so any project comments/concerns can be incorporated into the IS/ND/MND, if applicable. *If it is determined that an Environmental Impact Report (EIR) is required, Consultant is prepared to address related additional tasks. See Task 2.4 and additional fees below. Task 2.1.B. Public Draft Initial Study and ND/MND. Consultant will revise the Administrative Draft IS to incorporate City comments and revisions as appropriate. Once ready, Consultant will provide the City with a Screencheck Draft to review for clarity, grammar, spelling, and minor issues. After the City reviews and accepts the Screencheck Draft, Consultant will finalize the Draft IS and ND/MND for public circulation, review, and comment (See 2.2 below). Task 2.1.C. Administrative Final Initial Study and ND/MND & MMRP. Once the public review period ends, Consultant will incorporate comments as needed and submit to the City the Administrative Final IS and ND/MND for review. This task will also include preparation of the Mitigation Monitoring and Reporting Program (MMRP): mitigation measures, parties responsible for implementation and/or monitoring, and implementation time frame. The City will review the Administrative Final IS and ND/MND and the MMRP and provide comments and revisions as appropriate. Task 2.1.D. Final Initial Study and ND/MND & MMRP. Consultant will revise the Administrative Final IS and ND/MND and MMRP to incorporate City comments and revisions as appropriate. Consultant will work with the City Planner to ensure the DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023 completed documents are ready for discretionary approval or related actions (See Task 2.3 below). Task 2.2. Publication and Public Review Task 2.2.A. Notice of Intent. When the Public Draft IS and ND/MND are approved as to form by the City (See Task 2.1 above), Consultant will prepare the Notice of Intent (NOI) in the City's standard format and prepare the NOI language for the Fresno Bee for use by the City . City will coordinate and pay for the newspaper publication before the official public review period begins. City will file the NOI and Public Draft IS and ND/MND with the Fresno County Clerk and will provide copies to be available during the 30-day public review period. Task 2.2.B. State Clearinghouse. Consultant will prepare and electronically submit the required Notice of Completion (NOC), NOI (filed by the City), and Summary Form with the Public Draft IS and ND/MND to the State Clearinghouse (SCH) for routing and will track comments from responsible reviewing agencies during the review period. Task 2.2.C. Responses to Public and Agency Comments. Consultant will track public and agency comments received during the review period and will prepare responses as appropriate. In particular, Consultant will assist the City with explanations for how public and agency comments affect the conclusion of the Public Draft IS and ND/MND. This includes any research and technical expertise needed to adequately address comments received. If comments require republication, Consultant will strategize with the City to ensure the comment period ends before approval or action. Task 2.2.D. Notice of Determination. City will prepare a Notice of Determination (NOD) to be filed with the County Clerk and the SCH within five (5) days after discretionary approval or related actions. Task 2.3. Approval Process. As necessary, Consultant will support public relations events and respond to all inquiries leading up to discretionary approval or related actions. Consultant will also coordinate completion of materials with the City. If required, Consultant will attend public hearings to answer questions regarding the analysis and conformance with CEQA requirements. Upon discretionary approval or related actions, Consultant will prepare and file the NOD (See Task 2.2). Task 2.4. Environmental Impact Report (If Deemed Necessary). If the Initial Study indicates substantial evidence that significant impacts may occur from the proposed project, then Consultant is prepared to conduct the following tasks to prepare an EIR. Task 2.4.A. Notice of Preparation. Consultant will prepare and send a Notice of Preparation (NOP) for the EIR to responsible agencies, interested parties, and organizations in order to provide sufficient information describing the proposed project and potential environmental effects for a 30-day public review period. City will coordinate the Fresno Bee publication in addition to posting with the Fresno County Public Library and City. DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023 Task 2.4.B. Scoping Meeting. Consultant will prepare a meeting notice/flyer or postcard to advertise the Scoping Meeting including a short project description, purpose of the meeting, and how to join the meeting. The notice/postcard will be targeted to properties within a 50-foot buffer of the agreed upon project area. Consultant will attend up to two (2) public scoping meetings, which intend to inform the public about the project to be evaluated under CEQA and to solicit public comment regarding the type and extent of environmental analyses to be undertaken. If desired, Consultant will provide an overview of the CEQA process and help answer questions about the process. City to provide translation services if translation is needed. Upon completion of the public scoping process, Consultant will assist the City with organizing public comments for consideration in the preparation of the Draft EIR (DEIR). Task 2.4.C. Draft EIR and Public Review. Consultant will prepare an Administrative Draft EIR (ADEIR), Screencheck DEIR, and a Public Review DEIR that evaluate the potential environmental impacts and consider any public comments received from the scoping process. The City will have the opportunity to review the ADEIR and Screencheck DEIR before Consultant finalizes the Public Review DEIR for public circulation. Upon completion of the Public Review DEIR, Consultant will prepare and electronically submit the NOC, Notice of Availability, DEIR, and Summary Form to the SCH for routing and will track comments from responsible agencies during the review period. City will coordinate and pay for newspaper publication, file with the County Clerk, and provide copies for the 45-day public review period. Additionally, Consultant will attend any DEIR public meeting(s) and assist the City with organizing public comments received to be addressed in the Final DEIR. Task 2.4.D. Final Draft EIR with MMRP and Statement of Overriding Considerations. Consultant will prepare a Final ADEIR, Screencheck Final DEIR, and Final DEIR that incorporates responses to public comments and includes Findings of Fact, MMRP, and if needed, the Statement of Overriding Considerations. The City will have the opportunity to review the Administrative Final DEIR and Screencheck Final DEIR before Consultant publishes the proposed Final DEIR for certification by the City. Task 2.4.E. Approval Process. As necessary, Consultant will support public relations events and respond to all inquiries leading up to discretionary approval or related actions. Consultant will also coordinate completion of materials with the City. If required, Consultant will attend public hearings to answer questions regarding the analysis and conformance with CEQA requirements. Upon discretionary approval or related actions, City will prepare a NOD to be filed with the County Clerk and the SCH within five (5) days after discretionary approval or related actions. Deliverables: Administrative Draft, Air Quality/Greenhouse Gas Analysis, Screencheck Draft, Final Draft, MMRP, NOI (or NOP), Publication, NOC and Summary Form to be posted on the SCH CEQA Portal, Responses to Comments on the Draft. DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023 TASK 3. PROJECT MANAGEMENT AND ADMINISTRATION Task 3.1. Project Management and Administration Consultant will facilitate and manage the environmental review process through final draft for adoption or certification. To keep the project moving on time and within budget, Consultant will employ the following measures: • Bi-Weekly Check-Ins with City Team: 30-60-minute, bi-weekly (every two weeks) check-in calls throughout the duration of the project to share progress, ask and answer questions, and discuss updates, as appropriate. • Agendas and Minutes/Action Items: Consultant will prepare agendas and minutes/action items prepared for each meeting, including pre-meeting and post- meeting emails. • Work Program: Consultant will regularly update the work program and schedule/timeline for the completion of each task. • Invoicing/Progress Reports: Consultant will provide detailed, line-item invoices/progress reports to the City on a monthly basis. Deliverables - • Agendas and minutes/action items for each meeting (word, PDF, email) Invoices and Progress Reports– monthly COST PROPOSAL TASK 1. PROJECT INITIATION Task 1.1. Project Kick-Off Meeting $1,200 Task 1.2. Data Collection $5,500 Task 1.3. Draft Project Description $7,500 Task 1.4. Pre-Consultation $1,500 Task 1.5. Technical Studies (If Required) $5,000 - $25,000 TASK 2. ENVIRONMENTAL ASSESSMENT Task 2.1. Initial Study $22,000 Task 2.2. Publication and Public Review $5,500 Task 2.3. Approval Process $2,500 Task 2.4. EIR (If Required/In addition to Task 2.1) $15,000 TASK 3. PROJECT MANAGEMENT AND ADMINISTRATION Task 3.1. Project Management and Administration $12,500 Total Cost (without EIR task) $83,200 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1173 Agenda Date:8/10/2023 Agenda #:1.-J. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:JESUS A. GONZALEZ, PE, Assistant Director Department of Public Utilities - Utilities Planning & Engineering SAMUEL NADORES, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve a consultant services agreement with Tetra Tech BAS, Inc., for an amount not to exceed $363,700, to conduct a composting facility feasibility study for the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). RECOMMENDATION Staff recommends City Council approve a consultant services agreement with Tetra Tech BAS, Inc., for an amount not to exceed $363,700, inclusive of a $33,100 contingency, for a Composting Facility Feasibility Study at the Fresno-Clovis Regional Wastewater Reclamation Facility (Project); and authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno (City). EXECUTIVE SUMMARY Biosolids generated at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) are currently hauled offsite by a third-party, which has been increasingly expensive and presents long- term logistical concerns. The Wastewater Management Division (WMD) is seeking the services of Tetra Tech BAS, Inc., (Tetra Tech), to conduct a composting facility feasibility study for the RWRF, which would include evaluation of potential options with associated costs for an on-site composting facility that would process biosolids generated at the RWRF. BACKGROUND The RWRF is a biological, secondary level treatment facility, treating approximately 60 million gallons per day of wastewater, resulting in over 250 wet tons of Class B biosolids. The facility also receives Anaerobically Digestible Material such as fats, oils, and grease and a variety of food waste from City of Fresno Printed on 8/3/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/NE 6-1 MK VOTED NO NEW FILE ID 23-1250 CONTINUED TO AUGUST 24 File #:ID 23-1173 Agenda Date:8/10/2023 Agenda #:1.-J. processing plants, commercial kitchens, and industrial plants for co-digestion. All biosolids are currently taken offsite by a third-party hauler to different venues for reuse,including direct land application,composting,and mine remediation.This practice has been relatively costly for the WMD.Additionally,logistical issues with haulers for keeping up with the increased biosolids production and the RWRF’s limited capacity to store biosolids onsite has also been an increasing concern. The feasibility study will evaluate having an onsite composting facility that will process the biosolids, Tetra Tech will review current and anticipated future regulations for its impact on the City’s current biosolids management practices. In accordance with Fresno Municipal Code Chapter 4,Article 1,and Administrative Order 6-19,the Department of Public Utilities conducted a competitive process for selecting a consultant to provide the requested professional services for this Project.On March 10,2023,a Request for Proposals was published in the Business Journal and posted on the City’s Planet Bids website.On April 20, 2023,four sealed proposals were received.A selection committee,consisting of representatives from WMD,the Solid Waste Management Division,and the Utilities Planning and Engineering Division evaluated the proposals.Upon review of the qualifications for meeting the various criteria and analysis of the proposed fee,Tetra Tech was ultimately selected based on having met the criteria of the evaluation.Staff recommends City Council approve a consultant services agreement with Tetra Tech for a total amount not to exceed $363,700,which includes a contingency amount of $33,100. Funding for this Project is included in the Fiscal Year 2024 Wastewater Enterprise Fund. A standardized consultant service agreement has been approved as to form by the City Attorney’s Office and has been used in accordance with Administrative Order 4-4.The consultant’s Certificates of Insurance has been approved by the City’s Risk Management Division.Upon approval by the City Council,the consultant service agreement will be executed by the Director of Public Utilities,or designee. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the award of this Consultant Services Agreement is not a “project” for the purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented per Fresno Municipal Code Section 4-109(b)(3),as staff believes there are less than three local firms providing the specific consulting service within the area of expertise for the subject matter of work. FISCAL IMPACT There is no impact to the General Fund.This Project is located within Council District 3.Funding for this Project is included in the Fiscal Year 2024 Wastewater Enterprise Fund. City of Fresno Printed on 8/3/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1173 Agenda Date:8/10/2023 Agenda #:1.-J. Attachments: Attachment 1 - Consultant Services Agreement Attachment 2 - Vicinity Map City of Fresno Printed on 8/3/2023Page 3 of 3 powered by Legistar™ DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT (Agreement) is made and entered into effective ________________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and TETRA TECH BAS, INCORPORATED, a California corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional engineering services for Feasibility Study for a Composting Facility at the Fresno-Clovis Regional Wastewater Reclamation Facility (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a Professional Engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6- 19; and WHEREAS, this Agreement will be administered for the City by its Director of Public Utilities (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or December 31, 2024, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the City’s issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion. 3. Compensation. (a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed Three Hundred Thirty Thousand Six Hundred Dollars ($330,600), paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A, and a contingency amount not to exceed Thirty Three Thousand One Hundred Dollars ($33,100) for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -2- (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies, and Force Majeure. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Director’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -3- (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -4- Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8, Consultant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -5- (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub- consultant shall establish additional insured status for the City, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -6- is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling the City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -7- examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -8- qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -9- receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -10- 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [Signatures follow on the next page.] DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -11- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Brock D. Buche, PE, PLS, Director Department of Public Utilities ATTEST: TODD STERMER, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPU-S Eng. CSA, Short Form T&M - Contingency (05-2023) has been used without modification, as certified by the undersigned. By: Samuel Nadores Professional Engineer Department of Public Utilities REVIEWED BY: Jesus A Gonzalez, PE Assistant Director Department of Public Utilities Addresses: CITY: City of Fresno Attention: Samuel Nadores, PE 1626 E Street Fresno, CA 93706 Phone: (559) 621-1602 Facsimile (559) [#] E-mail: Samuel.Nadores@fresno.gov TETRA TECH BAS INCPORPORATED, a California corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: CONSULTANT: Tetra Tech BAS, Inc. Attention: Christine Arbogast, PE 21700 Copley Drive, Suite 200 Diamond Bar, CA 91765 Phone: (909)655-3224 Facsimile” [area code and #] E-mail Christine.Arbogast@tetratech.com DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 6/9/2023 President, Tetra Tech BAS Christine Arbogast 8/21/87 42578 6/21/2023 Christine Marie Arbogast Jeffrey M. Williams Vice President, Chief Financial Officer 6/21/2023 6/21/2023 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) -12- Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 1 of 7 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Tetra Tech BAS, Inc. (Consultant) Feasibility Study for a Composting Facility at the Fresno-Clovis Regional Wastewater Reclamation Facility GENERAL SCOPE OF SERVICES The Consultant shall provide all labor, materials, equipment, and incidentals required to complete the work. Consulting services shall encompass, but are not limited to, the following: PART 1 – PROJECT MANAGEMENT Consultant will lead a kickoff meeting with the City project team including wastewater and solid waste staff. The purpose of the meeting will be to discuss the City’s overall objectives, review the scope of services and overall approach, finalize the project schedule, establish lines of communications and responsibility, establish data needs, and coordinate project activities. Additional project management activities will include the following:  Project kickoff meeting.  Participation in update meetings including preparation of agendas and minutes.  Preparation of detailed monthly billing (assumes a 12 month schedule).  Coordination/liaison with affected agencies, districts, and stakeholders. PART 2 – INFORMATION GATHERING Consultant will coordinate with the City in obtaining requested data and background information. A review of current facilities, programs, and practices will be conducted to establish a baseline understanding of current biosolids and organic waste management system, practices, labor burden, and operational costs. This includes costs for hauling and various end markets. Part 2 of this project will specifically involve collection and review of relevant data concerning waste volumes and characteristics, current biosolids and organic waste disposal operations, processing methods, projected organics demand (from SB 876 and 1383 reporting or other), and costs (operational/disposal). Consultant will identify composting facility project requirements, including but not limited to operating requirements, system capacity, processing time and labor requirements, including any constraints or limitations to achieving the requirements. In addition, all facility and master planning documentation for the RWRF will be collected to establish an overall understanding of the composting facilities with consideration of other RWRF site development priorities as well as overall alignment with previous capacity and population growth forecasts. Where available, Consultant will review feedstock quality with respect to presence of DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 2 of 7 metals, pesticides, organic compounds, and contaminants of emerging concern, specifically PFAS, to identify potential limitations on the application of finished product. If not available, Consultant can apply representative published values Part 2 will also include a review of the mission, values, and sustainability goals for the region and participating agencies. PART 3 – PRELIMINARY FEASIBILITY ASSESSMENT In Part 3 of this project, Consultant will estimate future weight and volume of biosolids, green waste, and other organic materials to be processed by the composting facility (with associated levels of risk or uncertainty) based on projected increases from existing operations (data to be provided by the City). This analysis will include a review of the quality of the biosolids and organic waste proposed for processing based on data provided by the City. Consultant envisions “workshopping” with RWRF staff to confirm the most suitable area for a composting facility within the site limits identified by RWRF in Attachment 1 of the RFQ including the potential need for additional adjacent area to support the operations. The evaluation will consider accommodation of up to three (3) technology types for composting. This scope assumption is based on the three most common types of composting operations, windrow, covered aerated static piles and in vessel (i.e., within building). As necessary. this assumption can be revaluated with the City upon refinement of the project approach. Preliminary considerations for evaluating suitability include:  Area requirements of facilities and fit with future space requirements of RWRF  Access considerations for ingress and egress, including site traffic routing  Material handling, logistics, operational complexity  Existing land-use and permitting constraints and approval considerations  Potential for odor issues based on proximity  Potential for leachate of contact water run-off, groundwater infiltration, and fit with stormwater controls. Other considerations Consultant proposes to be evaluated early on in Task 3 include product marketability (and fit with regional markets) and risk resilience (risk register and mitigation strategies) which were identified in Task 4 of the RFQ. Those evaluations, including associated fee estimates, are currently included in Part 4 pursuant to the RFQ. Consultant’s evaluation of up to three potential technologies to be employed at the composting facility,will include an assessment of the differences of the composting technologies and applicability to biosolids and green waste feedstock, identification of the overall costs and benefits of each technology/approach, and processing considerations such as processing duration, space considerations, odor management, leachate management, technology maturity (history of technology success in California), regulatory requirements, and operational PAGE 8 complexity. This evaluation will also consider economics (unit cost per ton); capital costs and operating costs based on readily available information. DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 3 of 7 Consultant will present the results of the technology review through a virtual meeting with the City. Based on feedback from the City, a preferred technology(ies) will be selected for the biosolids and green waste composting operations so that a conceptual site layout for the area found suitable for the proposed facility can be undertaken. Consultant will prepare a conceptual design and high-level cost estimate for the selected technology(ies). Operating costs will take into consideration labor requirements, utility requirements and end-product markets (potential compost sales). Potential grants or funding support will be examined and how those funding opportunities could affect the economics of facility development. The conceptual design will help determine the space requirements and confirm whether the proposed area for the facility has sufficient space. Using a debt financing approach for the capital cost and labor and utility rates for the operating costs, Consultant can calculate the unit processing costs for the technologies. A cost/benefit analysis comparing the proposed composting facility to current practices will be performed. Items to be considered include financial analysis of cost per ton for processing and return of investment compared to current hauling costs, and financial analysis on capital investment versus operating cost. The cost benefit analysis will include a sensitivity analysis to understand the lifecycle cost vulnerability to uncertainty in factors such as operating costs, energy, new regulatory requirements, and market value of compost. Consultant will review and evaluate federal and state legislation and policies related to the implementation of the composting facility options being evaluated and their relative impacts. Items to consider include the following: CEQA and other required environmental clearances; impacts of wastewater solids, solid waste management, and organics waste management regulations. Other regulatory guidelines to be evaluated include South San Joaquin Valley Air Pollution Control District regulations, and Central Valley Regional Quality Control Board requirements. A summary report will be prepared for Part 3 task findings with recommendations on the most suitable area/site for the composting facility and preferred technology (or technologies) for composting biosolids and green waste. A virtual meeting will be held after submittal of the Draft Preliminary Feasibility Assessment Report to discuss findings and recommendations and to obtain input from the City to finalize the report. Deliverables:  Draft Preliminary Feasibility Assessment Report for City Review.  Agenda and minutes for meeting to discuss any City comments and receive City staff input on preferred facility area/site and technology (or technologies).  Final Preliminary Feasibility Assessment Report incorporating City input. PART 4 – CONCEPTUAL SITE PLAN DEVELOPMENT AND FINAL FEASIBILITY DETERMINATION Once the preferred composting facility area/site and technology (or technologies) have been identified in Part 3, Consultant will prepare a conceptual site plan and Final Feasibility Assessment for submission to the City. The Final Feasibility Study will include DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 4 of 7 the following assessments. Conceptual Site Plan: A desktop geotechnical study will be conducted to provide geotechnical design parameters for a conceptual plan layout. . The desktop geotechnical study will review available published data (e.g., CGS/USGS, SCEC, Geotracker, USDA, CalRecycle) and RWRF in-house information to evaluate geotechnical constraints for the proposed composting facility. It will focus on assessment of seismic hazards, expansive/collapsive and other problematic soils, and groundwater conditions. The desktop study is expected to provide preliminary qualitative grading and foundation recommendations. Based on our cursory evaluation of the site, the geotechnical conditions are expected to be principally favorable, although future field investigation will be required to confirm the conditions and develop specific quantitative geotechnical design parameters for a final facility design. Following completion of the desktop geotechnical desktop study, Consultant will develop a refined conceptual site plan that identifies specific recommendations relative to processing areas, structures, site use, internal roadways, stormwater management features, vehicular controls, site utility needs, scale location, equipment recommendations, and landscape features. Treatment Needs and Marketability: Consultant will identify any pre- or post-treatment needs to generate output material of sufficient quality, as well as which materials could not or should not be processed at the composting facility and the cost implications for hauling offsite. Consultant proposes to evaluate limitations to finished product use due to the presence of contaminants such as metals, organic compounds, or contaminants of emerging concern, specifically PFAS, to identify potential limitations on the application of finished product that may leach when applied in environmentally sensitive areas or watersheds. For the evaluation Consultant can rely upon data provide by the City or assist with the development of a sampling and analytical program to determine the presence and levels of contaminants. If not available, Consultant can apply representative published values. Consultant will provide a supplementary budget for implementing such a program if requested by the City. Recommendations on the marketability of available solid materials will be provided, including a cost benefit analysis related to the generation of marketable solids. System Redundancy and Associated Costs: Consultant will evaluate risk resilience and system redundancy to ensure biosolids management without interruption due to system malfunction, loss of electric power or other low probability/high consequence events. Costs associated with system redundance will also be estimated. Refined Costing: Consultant will refine the cost/benefit analysis performed in Part 3. System redundancy and associated costs will be evaluated to ensure that biosolids can be managed without any interruption due to system malfunction, loss of electric power, or other low probability/high consequence events. Sustainability Assessment: Consultant will investigate other benefits that support the City’s sustainability goals. This will include the amount of material diverted from landfills, DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 5 of 7 greenhouse gas emissions reductions, and potential nutrient recovery. Operations Options Evaluation: The Consultant will evaluate options for City operations of the composting facility including 1) City operated, 2) City operated in partnership with a third party and 3) Third party operated. Pros and cons will be developed for each operations option and the team will work with City staff to discuss each and identify which models make the most sense for the City. This assessment will be provided in an easy- to-read matrix form to facilitate internal discussions and option comparisons. Reporting: A Summary Report will be prepared, containing the final feasibility determination and conceptual site plan. This will be presented to the City project team in draft form, prior to the preparation of a final report. Deliverables:  Four (4) hard copies and one (1) digital copy (PDF and MS Word) of Draft Feasibility Study and Conceptual Site Plan for City review.  Agenda and minutes for meeting to discuss any City comments and receive City staff input.  Four (4) hard copies and one (1) digital copy (PDF and MS Word) Copies of Final Feasibility Study and Conceptual Site Plan. The City may elect to further expand the scope of services or add new scope of service tasks, should such services provide a benefit in meeting the City’s ultimate goals and objectives for the projects. Examples of such expansion may include, but not be limited to, additional work related to efforts needed to complete the Scope of Work not expressly written. Such scope of service expansion will be subject to City and Consultant negotiating a mutually agreeable scope and fee, and approval by the City Council, if required. DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 6 of 7 SCHEDULE OF FEES PERSONNEL RATE PERSONNEL RATE Administrative Assistant $96 Staff Env. Specialist/Scientist I $107 Project Clerk $85 Staff Env. Specialist/Scientist II $119 Project Data Analyst $78 Project Env. Specialist/Scientist I $130 Office Services Clerk $96 Project Env. Specialist/Scientist II $149 Project Coordinator $143 Project Env. Specialist/Scientist III $163 Senior Project Coordinator $164 Senior Env. Specialist/Scientist I $172 CAD Tech I $89 Senior Env. Specialist/Scientist II $181 CAD Tech II $103 Senior Env. Specialist/Scientist III $193 CAD Tech III $123 Staff Planner/Permitter I $71 CAD Tech IV $141 Staff Planner/Permitter II $89 Designer I $159 Staff Planner/Permitter III $96 Designer II $172 Project Planner/Permitter I $111 Designer III $191 Project Planner/Permitter II $123 Designer IV $207 Project Planner/Permitter III $134 Staff Engineer I $120 Project Planner/Permitter IV $144 Staff Engineer II $130 Senior Planner/Permitter I $156 Staff Engineer III $141 Senior Planner/Permitter II $169 Project Engineer I $151 Senior Planner/Permitter III $181 Project Engineer II $162 Senior Planner/Permitter IV $200 Project Engineer III $172 Principal Planner/Permitter $276 Senior Engineer I $182 Architect I $130 Senior Engineer II $193 Architect II $156 Senior Engineer III $203 Architect III $182 Supervising Engineer I $214 Architect IV $208 Supervising Engineer II $224 Staff Geologist I $120 Supervising Engineer III $234 Staff Geologist II $130 Division Engineer I $255 Staff Geologist III $141 Division Engineer II $266 Project Geologist I $151 Principal Engineer $291 Project Geologist II $162 Principal $312 Project Geologist III $172 Senior Principal $328 Senior Geologist I $182 Project Manager $170 Senior Geologist II $193 Project Manager I $181 Senior Geologist III $203 Project Manager II $207 Supervising Geologist I $214 Project Manager III $219 Supervising Geologist II $224 Project Manager IV $229 Supervising Geologist III $234 Project Manager V $240 Principal Geotechnical Eng/Geologist $245 Senior Project Manager $250 Principal Geotechnical Eng $271 Program Director $297 Soils/Asphalt/Field Technician $108 Project Advisor* $175-$350 Soils/Asphalt/Field Tech - Prev Wage $137 Construction Supervisor I $172 Technician $58 Construction Supervisor II $182 Technician I $87 Construction Supervisor III $193 Technician II $101 DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 7 of 7 Construction Manager I $203 Senior Technician I $113 Construction Manager II $219 Senior Technician II $134 Senior Construction Manager $255 Senior Technician III $147 Principal Construction Manager $280 Chief Technician $166 Chief of Survey Parties $191 2-Man Survey Party $341 1-Man Survey Party with GPS $230 IN-HOUSE EXPENSES OTHER EXPENSES 5% of Total Personnel Fees Company and Survey Vehicles $16/hour Personal Vehicle $0.65/mile Other Out-of-Pocket Cost + 15% Expenses/Supplies/Travel Company Vehicle $0.75/mile Consultants/Outside/ Cost + 15% Construction Services Per Diem for Living Expenses Federal +15% Equipment Rental Rates as provided in the Proposal. . DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Tetra Tech BAS, Inc. (Consultant) Feasibility Study for a Composting Facility at the Fresno-Clovis Regional Wastewater Reclamation Facility MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession. MINIMUM LIMITS OF INSURANCE Consultant, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 2 of 4 2.COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3.WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4.EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5.PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript insurance company endorsement providing DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 3 of 4 additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not contribute with it. Consultant shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against City, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase “extended reporting” coverage for a minimum of five years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar days written notice by certified mail, return receipt requested, has been given to City. Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 DPU-S Eng. CSA, Short Form T&M – Contingency (05-2023) Page 4 of 4 City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS - If Consultant subcontracts any or all of the services to be performed under this Agreement, Consultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by City Risk Manager or designee. If no side agreement is required, Consultant shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with Consultant, and City, prior to commencement of any work by the subcontractor. DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Feasibility Study for a Composting Facility at the Fresno-Clovis Regional Wastewater Reclamation Facility YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date (Name) (Company) (Address) •Additional page(s) attached. (City, State Zip) DocuSign Envelope ID: 3FED5366-4CD5-46E4-A9DE-6E661FC456F6 Tetra Tech BAS, Inc. X 21700 Copley Drive Christine Arbogast X X X X Diamond Bar, CA, 91765 No conflicts of interest. X 6/21/2023 Jensen Ave North Ave City of Fresno Department of Public Utilities Feasibility Study for a Composting Facility at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) Vicinity Map 0 500 1,000250 Feet ¯ Proposed Composting Facility Site Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) 5607 W Jensen Ave City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1188 Agenda Date:8/10/2023 Agenda #: 1.-K. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:JESUS A. GONZALEZ, PE, Assistant Director Department of Public Utilities - Utilities Planning & Engineering ROBERT A. DIAZ, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve an increase to the requirements contract with Dawson-Mauldin, LLC., for permanent asphalt concrete pavement repairs, in the amount of $960,000 for a total contract amount of $6,664,400 (Citywide). RECOMMENDATION Staff recommends City Council approve an increase to the requirements contract with Dawson- Mauldin, LLC., for permanent asphalt concrete pavement repairs (Project), in the amount of $960,000 for a total contract amount of $6,664,400, for completing the final one-year extension (Citywide). EXECUTIVE SUMMARY In 2019, a requirements contract (Contract) was awarded to Dawson-Mauldin, LLC., for as-needed asphalt concrete pavement (pavement) repairs at locations having undergone water system repairs and replacements (improvements). The Contract now in its final year, has experienced a greater than anticipated number of work orders. Additional funds are necessary to carry the Contract through to its expiration in November of this year. Approval of the $960,000 increase will allow for continuation of the work orders until such a time as a new vendor is identified via a competitive bid process. BACKGROUND In its function of maintaining the water system, the Water Division removes existing pavement when performing repairs or system improvements. Upon completion of the improvements, pavement repairs are necessary to restore streets to their original condition. Due to the ongoing nature of the repairs and improvements, the Water Division went through the competitive bid process to procure Project services. On July 25, 2019, City Council awarded a $1,426,100 one-year requirements contract, with provisions for up to three one-year extensions, to Dawson-Mauldin, LLC. The Water Division on three occasions, exercised the provision to extend the Contract by one year. The final City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/MK 7-0 APPROVED ON CONSENT File #:ID 23-1188 Agenda Date:8/10/2023 Agenda #: 1.-K. extension as now been executed and the Contract is set to expire on November 1, 2023. On September 20,2022,prior to the start of the fourth and final year of the Contract,Dawson- Mauldin LLC.Requested and was granted a labor rate and materials cost increase.The cost increase along with a greater than anticipated number of work orders has resulted in a fast expenditure of funds.To date,Dawson-Mauldin,LLC.,has satisfactorily performed all pavement work in accordance with the requirements of the Contract and therefore the Water Division desires to finish out its final year for which an increase of $960,000 to the Contract is necessary. On June 25,2023,City Council adopted the 33rd Amendment to the Annual Appropriation Resolution No.2022-154 appropriating $988,000 for the Project.The expenditure of funds was not possible as an approval for an increase to the Project’s Contract was erroneously omitted.Approval of a revised amount,of $960,000 increase,will allow for use of funding under the Water Division’s fiscal year 2024 capital improvement budget. City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS When this item was approved in 2019,staff performed a preliminary environmental assessment of the Project in accordance with the requirements of CEQA and determined that it is exempt under Class 1,Section 15301 of the CEQA Guidelines because its contract is for the repair of existing street pavement associated with the operation and maintenance of the water system.The Project will not result in the expansion of capacity of existing uses.Staff further determined that it also falls within the Categorical Exemption set forth in Class 2,Section 15302 of the CEQA Guidelines,which exempts projects consisting of replacement or reconstruction of existing structures and facilities,because any new facility will be located on the same site as the facility replaced and will have substantially the same purpose and capacity.Staff further found that the Project also falls within the Categorical Exemption set forth in Class 3,Section 15303 of the CEQA Guidelines because any conversion of existing small structures from one use to another would only entail minor modifications made in the exterior of a structure.Finally,staff also found that it falls within the Categorical Exemption set forth in Class 4,Section 15304 of the CEQA Guidelines because any grading,filling,or backfilling required will consist of minor alterations in the condition of land,water,and vegetation,which do not involve removal of healthy,mature,or scenic trees,except for forestry or agricultural purposes.Furthermore, staff determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. The proposed discretionary action,approval of a funding increase for the existing requirements contract,is to provide funding to allow Dawson Mauldin,LLC.,to continue performing work orders under the previously approved scope of work. The proposed project has not changed since the prior approval and as such no further assessment under CEQA is required at this time. LOCAL PREFERENCE Local preference was not implemented as this is an approval of a requirements contract cost increase. City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1188 Agenda Date:8/10/2023 Agenda #: 1.-K. FISCAL IMPACT There is no impact to the General Fund.Funding for this Project is included in the Fiscal Year 2024 capital improvement budget within the Water Division’s Water Enterprise Fund 4000-4001.The Project is Citywide. Attachment: Requirements Contract City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1190 Agenda Date:8/10/2023 Agenda #: 1.-L. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:JESUS A. GONZALEZ, PE, Assistant Director Department of Public Utilities - Utilities Planning & Engineering SAMUEL NADORES, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve the First Amendment to the consultant services agreement with Pcubed Associates Incorporated to extend the term of the contract to December 31, 2024, for the previously approved contract in the amount of $129,030, for the Forensic Investigation of Structural Components at the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). RECOMMENDATION Staff recommends City Council approve the First Amendment to the consultant services agreement with Pcubed Associates Incorporated (Pcubed), to extend the term of the contract from July 25, 2023 to December 31, 2024, for the Forensic Investigation of Structural Components at the Fresno-Clovis Regional Wastewater Reclamation Facility; and authorize the Director of Public Utilities, or designee, to sign the amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY A consultant services agreement was awarded to Pcubed to provide engineering and construction support services, for the Forensic Investigation of Structural Components at the Fresno-Clovis Regional Wastewater Reclamation Facility’s (Facility) (Project) headworks building. Due to the delay in the completion of the forensic investigation, an extension to the consultant services agreement is necessary to retain services through Project completion. The effective date of the First Amendment is July 25, 2023. BACKGROUND The headworks building houses the Facility’s preliminary wastewater treatment processes. Significant structural degradations has been noted on the concrete staircase structure at the south side of the building and at various locations around the perimeter walls of the building. Other areas of concern include cracks and concrete spalling at the grit pump and mezzanine rooms, including leak City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 MA/MK 7-0 APPROVED ON CONSENT File #:ID 23-1190 Agenda Date:8/10/2023 Agenda #: 1.-L. concern include cracks and concrete spalling at the grit pump and mezzanine rooms,including leak stains observed along the walls of the pump room.If left unaddressed,there will be continued degradation of the structural integrity of the headworks building which ultimately could have significant negative impacts on the Facility’s operations and treatment capacities. On June 21,2021,the City entered into a consulting services agreement with Pcubed for the Project including construction support services during implementation of the needed repairs for a total amount not to exceed $129,030,inclusive of a contingency amount of $11,730.The First Amendment,with an effective date of July 25,2023,extends the term of the agreement to December 31, 2024, to retain Pcubed’s services through Project completion, The City Attorney’s Office has reviewed and approved as to form this First Amendment to the Agreement.Upon approval by the City Council,the First Amendment to Agreement will be executed by the Director of Public Utilities, or designee. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15378(b)(5),this is not a “project”for the purpose of CEQA,as this is an organizational or administrative action of the government that will not result in a direct or indirect physical change in the environment. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing consultant services agreement. FISCAL IMPACT There is no impact to the General Fund. Attachments: Attachment 1 - First Amendment to Agreement Attachment 2 - Original Agreement City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ 1   FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 25th day of July 2023, (Effective Date) amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and PCUBED ASSOCIATES INCORPORATED, a California Corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an agreement, dated June 21, 2021 (Agreement) to provide professional engineering services for Forensic Investigation of Structural Components at Fresno-Clovis Regional Wastewater Reclamation Facility for a total fee not to exceed $117,300, and a contingency amount not to exceed $11,730; and WHEREAS, the City and the Consultant desire to extend the Agreement to December 31, 2024, to retain the Consultant’s services through project completion; and WHEREAS, with entry into this Amendment, Consultant agrees that Consultant has no claim, demands, or disputes against City. AGREEMENT NOW, THEREFORE, the City and the Consultant agree that the aforesaid Agreement be amended as follows: 1. Section 2 of the Agreement is amended in its entirety to read as follows: “2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or December 31, 2024, subject to any earlier termination in accordance with this Agreement. The services of Consultant as described in Exhibit A are to commence upon CITY'S issuance of a written "Notice to Proceed." Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within 1290 consecutive calendar days from such authorization to proceed.” 2. This Amendment shall have an Effective Date of July 25, 2023. 3. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on June 21, 2021, remain in full force and effect. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DocuSign Envelope ID: D85A9350-30A6-4B9E-94CB-ACDDEF2FD2D0 2   IN WITNESS WHEREOF, the CITY and the Consultant have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation By: Brock D. Buche, PE, PLS, Director Department of Public Utilities APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy PCUBED ASSOCIATES, INC., A California corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. Or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) DocuSign Envelope ID: D85A9350-30A6-4B9E-94CB-ACDDEF2FD2D0 Pawan R Gupta 7/21/2023 Principal 7/21/2023 Prabha Gupta Secretary 7/24/2023 DPU-S 8.3 /02-2021 -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective _____________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and PCUBED ASSOCIATES INCORPORATED, a California corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional engineering services for Forensic Investigation of Structural Components at Fresno-Clovis Regional Wastewater Reclamation Facility (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a Professional Engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Director of Public Utilities (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or July 25, 2023, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the City’s issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within seven hundred sixty nine (769) consecutive calendar days from such authorization to proceed. 3. Compensation. (a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed One Hundred Seventeen Thousand Three Hundred Dollars ($117,300), paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A, and a contingency amount not to exceed Eleven Thousand Seven Hundred Thirty DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 June 21, 2021 DPU-S 8.3 /02-2021 -2- ($11,730) for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies and Force Majeure. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 -3- (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Director’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 -4- 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law including California Civil Code section 2782.8, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 -5- this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub- consultant shall establish additional insured status for the City, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 -6- any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621- 1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (ci) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 -7- (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 -8- recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 -9- entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 -10- Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. [Signatures follow on the next page.] DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 -11- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Michael Carbajal, Director Department of Public Utilities ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPU-S 8.3/02-2021 has been used without modification, as certified by the undersigned. By: Samuel Nadores Professional Engineer Department of Public Utilities REVIEWED BY: Glenn A Knapp, Supervising Professional Engineer Department of Public Utilities Addresses: CITY: City of Fresno Attention: Samuel Nadores, Professional Engineer 2101 G Street Fresno, CA 93706 Phone: (559) 621-1602 Facsimile (559) 498-4126 E-mail: Samuel.Nadores@fresno.gov PCUBED ASSOCIATES INCORPORATED, a California corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: CONSULTANT: Pcubed Associates Inc. Attention: Pawan Gupta PHD,SE,PE,LEED, Principal In Charge 221 E Lexington Drive, #304 Glendale, CA 91206 Phone: (559) 247-9835 Facsimile” [area code and #] E-mail pawan@pcubedassociates.com Attachments: 1. Exhibit A - Scope of Services 2.Exhibit B - Insurance Requirements 3.Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 Pawan R Gupta Pawan R Gupta 12/17/2014 S6198 5/20/2021 Principal Prabha Gupta Secretary 5/20/2021 5/21/2021 5/21/2021 6/18/2021 Marco Martinez 6/21/2021 DPU-S 8.3 /02-2021 Page 1 of 5 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Pcubed Associates Inc. (Consultant) Forensic Investigation of Structural Components at Fresno-Clovis Regional Wastewater Reclamation Facility(RWRF) Scope of Service: Based on the project scope and our proposed approach we have developed the following phased work plan to assess the current deterioration and repair/upgrade the structure. As we go through the various phases, the work plan will be refined/expanded in coordination with the City Staff based on the project needs. PHASE 1: PROJECT COORDINATION We will meet with the City representatives and other involved stakeholders to discuss project intent and expectations. We have found these preliminary meetings to be key in establishing a shared vision for the successful completion of the project and understanding the project constraints. Task 1: Understand Your Objectives / Learn the History We will meet with City personnel prior to commencement of the work to gain an understanding of the needs and long-term service life, and level of service objectives of the headworks building. • We will review the original construction documents, as well as previous assessments and repair reports if available to learn about the history of the structure. • We will conduct a preliminary field review to understand the types of issues to be included in the program. • Based on the initial review and discussions we will finalize the assessment and testing program. Ongoing Coordination with the City Throughout the duration of the project we will discuss progress and coordinate with the City personnel in periodic conference calls and design charettes to allow us to provide update and get input from the stakeholders at critical phases of the assessment/design. Task 3: Quality Control We have a robust Quality Assurance and Quality Control program for the project. An experienced engineer will review the documents at critical stages of the project. The QA/QC engineer will conduct an overall review of the documents and provide feedback on the quality of the documents point out elements that may be missing. In our experience having a fresh pair of experienced eyes review the documents is invaluable in catching possible errors. DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 Page 2 of 5 Consultant Services for Phase 1 is estimated to be $8,100. Estimated Miscellaneous Direct Expenses to be $300. PHASE II: ASSESSMENT AND CONDIONS SURVEY Task 1: Field Assessment/Review Visual Review We will conduct a visual assessment of the structure to document the current physical condition of structural, waterproofing and facade elements. The review will be conducted at times convenient to the client. The assessment will include visual observations of readily observable elements of the structure showing evidence of structural distress including: • Floors, columns, beams, walls, ceilings and other structural elements of the areas that have evidence of distress based on the initial field review. The visual review will document noticeable distress such as cracks, leaks, spalls, joint deterioration and other similar adverse conditions; • Stairs structures and other similar structural elements; • Architectural and exterior façade elements; • Other elements that are noted during the field evaluation and discussion with the City personnel; • We will prioritize the observed conditions into three categories (High Priority, Medium Priority and Low Priority) according to the perceived immediacy of performing repairs. A fourth category (Non-Structural/Enhancements) may also be included if conditions are observed that are not technically structural in nature but may have a significant impact on the ongoing performance and condition of the structure or enhance the appearance and efficiency of the structure. Field Testing The field evaluation will include field-testing, material testing and non-destructive evaluation of select members. The field testing and visual review will be used to understand the cause of distress in the structure and develop viable repair approaches and alternatives. The following areas will be targeted during the testing program: Grit Pump Room and Pump Mezzanine Room, Exterior cracking of the building façade, roof and canopies above the Grit Pump Room. The following field tests are anticipated for the testing program: • Chain drag survey of selected areas of the supported concrete floor surfaces to identify patterns of delaminated surfaces; • Acoustic sounding of select elements to identify delaminated areas in columns, beams and walls; • Concrete cover measurement by GPR (Ground Penetrating Radar) at selected locations; • Galva pulse and/or half-cell potential readings of selected structural elements to monitor their rate of corrosion of the mild reinforcement; • Chloride ion content by extracting powder samples per ASTM C 1152 at equal increments in the first 3" of the concrete to determine the chloride contamination at DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 Page 3 of 5 various depths of the floor slab; • Concrete samples will be extracted from wall and floors and tested with 2% phenolphthalein solution to determine the depth of carbonation in the concrete; • Cores will be removed from the columns/walls for petrographic analysis of concrete and determine the quality of the original concrete, determine the level of chemical contamination and understand its influence on the long-term durability of concrete. The preliminary field-testing program is expected to be as follows: TEST UNIT UNIT Concrete Cover (GPR) Loc 6 Petrographic Examination Loc 4 Chloride Content Loc 8 Carbonation Depth Loc 4 We will notify the City of items in need of immediate repairs for continued safe use of the facility, if any. Consultant Services for Phase 1 is estimated to be $11,600. Estimated Miscellaneous Direct Expenses to be $14,700. PHASE III: ASSESSMENT TECHNICAL MEMORANDUM We will compile and analyze field review, and laboratory testing data to generate repair alternatives, recommendations, and preliminary cost estimates and present them to the City for discussion and feedback. Based on the discussions and feedback, we will finalize our recommendations in a comprehensive technical memorandum. This will include: • Executive Summary of our review and recommendations; • Observations made during the field survey with photographic documentations of typical observed conditions; • Summary of the tests conducted and discussion of the results and their implications on the long-term performance of the structure; • Prioritized list of repair/remediation recommendations for the structure; • Engineer’s estimate of the repair/rehabilitation costs for various alternatives with long term performance implications; Based on available budget and discussion with City, we will finalize the repair program and develop a detailed repair scope for the construction phase of the project. Consultant Services for Phase 1 is estimated to be $15,700. Estimated Miscellaneous Direct Expenses to be $400. PHASE IV: CONSTRUCTION DOCUMENTS Once the repair and upgrade scope has been finalized, we will develop construction DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 Page 4 of 5 documents to repair/rehabilitate the existing structure. In this phase we will develop plans and technical specifications for competitive bidding by contractors. All work will be performed under the direction of a California Licensed Structural Engineer based on the local City codes, by-laws and industry standards that are currently in effect. All drawings will be completed using AutoCAD. • Once the City representatives have reviewed and agreed with the project bid items and budget, we will prepare plans, details and technical specifications and present the progress technical drawings and specifications along with an updated cost estimate to the City representatives for 90% review. • The City review comments will be incorporated into the 100% construction documents. We will also work with the City to incorporate the front-end Division 1 specifications into the full specifications package at 100% construction documents. • We will finalize the construction documents and submit stamped documents to the city for solicitation of public bids. Consultant Services for Phase IV is estimated to be $46,400. Estimated Miscellaneous Direct Expenses to be $800. PHASE V: CONSTRUCTION SERVICES (IF NEEDED) We will provide the City with an estimate of providing “Services During Construction”. Depending on the City’s needs we will be available to provide assistance to the City staff in the implementation of the repairs on an as-needed basis; this includes: • Attending pre-bid/pre-construction meetings; • Responding to RFI during bid stage and issuing Addendums and clarifications as necessary; • Reviewing Contractor Submittals and RFI’s during construction; • Performing field observations and project progress meetings as necessary; • Preparing punch list of items upon substantial completion of the project. Consultant Services for Phase 1 is estimated to be $17,200. Estimated Miscellaneous Direct Expenses to be $2,100. PROJECT DELIVERABLES The following project deliverables are included in the forensic assessment and construction documents phases of the project. • Draft Forensic Assessment Technical Memorandum (6 hard copes + 1 pdf + 1 MS Word). • Final Forensic Assessment Technical Memorandum (6 hard copies, + 1 pdf + 1 MS Word). • 90% Construction Documents Plans and specifications (5 sets of 11x17 plans and 5 hard copies of specifications + 1 pdf + 1 AutoCad/MS Word). • Final signed and stamped bid set of construction documents (5 full size plans + 5 specifications + 1 pdf + 1 AutoCad/MS Word). DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 DPU-S 8.3 /02-2021 Page 5 of 5 SCHEDULE OF FEES Pcubed Associates 2020 Billing Rates Standard Hourly Labor Rates Designation Principal…….........................................................................................................$250.00 Associate Principal................................................................................................$225.00 Design Director…..................................................................................................$200.00 Senior Consultant..................................................................................................$185.00 Consultant.............................................................................................................$150.00 Engineer................................................................................................................$125.00 CAD Drafter………................................................................................................$125.00 Technician…………...............................................................................................$110.00 Project Accountant.................................................................................................$100.00 Administrative Assistant...........................................................................................$85.00 DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 Page 1 of 4 2/2/2018 Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and Pcubed Associates Inc. (“CONSULTANT”) Forensic Investigation of Structural Components at Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 Page 2 of 4 2/2/2018 (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk Manager or designee. At the option of the CITY’s Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self- insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 Page 3 of 4 2/2/2018 endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of CONSULTANT’s insurance and shall not contribute with it. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 Page 4 of 4 2/2/2018 CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Forensic Investigation of Structural Components at Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? *If the answer to any question is yes, please explain in full below. Explanation: Signature Date (Name) (Company) (Address) Additional page(s) attached. (City, State Zip) DocuSign Envelope ID: DCEC1655-3A8B-46FA-B980-B0F773C34A00 X 221 E Lexington Drive, #304 Pawan R Gupta X Pcubed Associates Inc. X X 5/20/2021 N/A X X Glendale, CA 91206 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1168 Agenda Date:8/10/2023 Agenda #: 1.-M. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department AARON A. AGUIRRE, Director Parks, After School, Recreation, and Community Services Department RANDALL W. MORRISON, PE, Director Capital Projects Department BY:HARLAVPREET S. BRAR, PE, Professional Engineer Capital Projects Department, Site Development Project Management Division SUBJECT Actions pertaining to the Woodward Park Pickleball Project (Council District 6) 1. ***RESOLUTION - 1st Amendment to the Annual Appropriation Resolution No. 2023-185 appropriating $283,500 for professional engineering services and design phase project management costs (Requires 5 Affirmative Votes)(Subject to Mayor’s Veto) 2. Approve an agreement for professional engineering services with Quad Knopf Inc., dba QK, of Fresno, California for $196,200, with a $25,000 contingency, for design and construction support services RECOMMENDATIONS Staff recommends City Council adopt 1st Amendment to the Annual Appropriation Resolution No. 2023-185 and approve a consultant services agreement with Quad Knopf Inc., dba QK, of Fresno, California in the amount of $196,200, with a $25,000 contingency, for the design and preparation of construction documents for the Woodward Park Pickleball Court Project and authorize the Public Works Director or designee to sign on behalf of the City. EXECUTIVE SUMMARY The City of Fresno Parks, After School, Recreation and Community Services Department (PARCS) proposes to design and construct up to sixteen (16) new lighted pickleball courts at Woodward Park located on the southwest corner of Friant and Fort Washington Roads. The project will include a community meeting to present an initial conceptual design and receive public input to inform the final design. The contract for professional engineering design services will be funded using proposed FY2024 City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/MK 6-0 AP RECUSE R. 2023-225 File #:ID 23-1168 Agenda Date:8/10/2023 Agenda #: 1.-M. The contract for professional engineering design services will be funded using proposed FY2024 appropriations from Parks Special Revenue Funds.Council approval of the Amendment to the Annual Appropriations Resolution No.2023-185 to fund the project and of the consultant agreement between the City and QK is recommended to facilitate development of plans,cost estimates,and general construction contract documents necessary to complete the project. BACKGROUND The PARCS Department proposes to utilize Parks Special Revenue Funds to improve the existing park facilities and enhance the park guest experience at Woodward Park.The project will support the growth of the pickleball community in the surrounding area and will cultivate an environment that promotes health and social interaction. As part of the project,QK will analyze the existing site conditions and develop conceptual design plans of the pickleball courts.Accessible paths of travel to and from the pickleball courts to the parking lot and restrooms will be reviewed and any necessary improvements incorporated into the design.The project will include new lighting and may include new site furnishings such as water fountains,benches,shade structure and picnic tables,subject to funding availability and community input. In accordance with AO 6-19,staff sent out a request for Statements of Qualifications (SOQs)in December 2022 via Planet Bids,email,and published in The Business Journal for Pickleball Court Projects.The request for SOQs was sent out for projects at four (4)different locations including Woodward Park,Roeding Park,Vinland Park,and Rotary East Park.Four (4)SOQs were received, and staff interviewed the three (3)qualified respondents between March 6,2023,and March 7,2023. QK was determined to be the most qualified and responsive based on the consultant interviews.Staff believes that a separate agreement for each location is the best route forward to meet different funding and scheduling requirements at each location.Staff negotiated a fee of $196,200,with a $25,000 contingency,for the preparation of plans,specifications,cost estimates,bidding support services, and construction support services for this project. Staff recommends City Council approve the proposed agreement with QK in the amount of $196,200, with a $25,000 contingency,for the design and preparation of construction documents for the Woodward Park Pickleball Court Project and authorize the Public Works Director or designee to sign on behalf of the City. The City Attorney’s Office has reviewed and approved the proposed agreement as to form. ENVIRONMENTAL FINDINGS A consultant agreement for the design of plans and cost estimates is not a “project”pursuant to California Environmental Quality Act (CEQA) Guidelines § 15378. LOCAL PREFERENCE Local preference was implemented in the consultant selection process pursuant to the Fresno Municipal Code Section 4-109.Quad Knopf Inc.,is a local business,as defined by the Fresno City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1168 Agenda Date:8/10/2023 Agenda #: 1.-M. Municipal Code. FISCAL IMPACT The proposed project is in Council District 6.The Woodward Park Pickleball Court Project will be funded by the proposed FY2024 appropriations from Parks Special Revenue Funds.Adoption of the attached AAR amendment resolution will appropriate the necessary funds needed to complete the design phase of the project. Attachment(s): Amendment to Annual Appropriation Resolution (AAR) Consultant Agreement Vicinity Map Location Map City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 1st AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2023-185 TO APPROPRIATE $283,500 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE WOODWARD PARK PICKLEBALL COURT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2023-185 be and is hereby amended as follows: Increase/(Decrease) TO: PARKS, AFTER SCHOOL, RECREATION & COMMUNITY SERVICES DEPARTMENT Parks Special Revenue Fund $ 283,500 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Parks Special Revenue Fund Retained Earnings: Account String: 2400-2417-1705-365-390000-17-4-0000-0000- $ 283,500 Total Retained Earnings $ 283,500 Appropriations: Account String: 2400-2417-9999-000-757301-17-4-0000-0000- $ 283,500 Project String: 179900113-WOODWARD-IMPROVE-2417NONPER Total Appropriations $ 283,500 THAT the purpose is to appropriate $283,500 for engineering services related to the Woodward Park Pickleball Court Project. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 1 of 31 AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT (Agreement) is made and entered into, effective __________________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and Quad Knopf, Inc., a California Corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional architectural and engineering services for the design of plans and general construction contract documents for Woodward Park Pickleball Court (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a a licensed architect and engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Public Works Department Director (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform the services described herein and in Exhibit A to complete the Project more fully described in Exhibit A, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. The services of the Consultant shall consist of five Parts as described below. A separate Notice to Proceed will be issued for each of the aforementioned Parts. By entry into this Agreement and upon the City’s issuance of a written "Notice to Proceed," the City contracts for the services in Part One. The Consultant shall not perform any other Part of the Agreement, and this Agreement shall not be a contract for any other Part, until further performance is authorized by the City’s issuance of a written “Notice to Proceed.” It shall, however, remain the Consultant’s offer to perform all remaining parts described herein. In the event the Consultant performs services without the City’s prior written authorization, the Consultant will not be entitled to compensation for such services. (a) Part One. Schematic Design Phase. (1) The Consultant shall review the description of the Project set forth in Exhibit A and consult with designated representatives of the City to ascertain the requirements of the Project. (2) The Consultant shall conduct studies and investigations as DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 2 of 31 necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining all information and data from the respective responsible City department/division that is available in the City’s records and is required by the Consultant in connection with the consulting services including, but not limited to, maps, surveys, reports, information, restrictions, and easements. The Consultant shall notify the City if a topographic survey is required. (3) The Consultant shall provide a preliminary evaluation of the Project taking into consideration the City’s estimate of the cost of construction (Construction Budget) of One Million Five Hundred Thousand Dollars ($1,500,000.00), including alternative approaches to design and construction of the Project. (4) Based upon the mutually agreed upon Project requirements and any adjustments authorized by the City in the Construction Budget, the Consultant shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by the City staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components. (5) The Consultant shall submit a preliminary estimate of construction cost for review and acceptance by the City. As used herein, "construction cost" means the cost of construction under the general construction contract and does not include The Consultant’s compensation as herein provided. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives, the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget. (6) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (7) The Consultant may not rely upon any as-builts provided by the City but shall investigate the existing conditions and ascertain the adequacy of such as-builts for the Consultant’s design. The Consultant shall bring to the City’s attention any discrepancies in the as-builts that are discovered by the Consultant. The City makes no representations regarding any as-builts. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within Two Hundred Ten (210) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty one (21) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 3 of 31 Director. (b) Part Two. Design Development Phase. After review and acceptance of the schematic design phase and issuance of a written Notice to Proceed with this Part Two: (1) Based upon the accepted schematic design documents and the Construction Budget, including authorized revisions thereto, the Consultant shall prepare for review and acceptance by the City the design development documents consisting of drawings and other documents to fix and describe the size and character of the Project as necessary to show treatment of significant details. In addition, the Consultant shall provide outline specifications of the work as to kinds of materials, systems, and other such design elements as may be required. Such design development documents and specifications shall be subject to review and acceptance by the City. (2) The Consultant shall submit a revised estimate of construction cost for review and acceptance by the City. The revised estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisions thereto. (3) In the event that the revised estimate of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which was identified in Part 1 as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the revised estimate and the Consultant shall, at no additional cost to the City, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by the City. The City shall not increase the scope of the Project except by modification of this Agreement which shall include an agreed upon increase in the Consultant’s compensation. (4) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City.Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within Zero (0) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within Zero (0) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (c) Part Three. Construction Document Phase. After review and DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 4 of 31 acceptance of the design development phase and issuance of a written Notice to Proceed with this Part Three: (1) The Consultant shall prepare from the accepted design development documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship, finishes and equipment, fixtures, and site work required. The Consultant shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical specifications of the general construction contract, and the bid proposal and general construction contract forms. Such documents shall be subject to the review and acceptance by the City. The Consultant shall cooperate with, assist and be responsive to Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. The City’s Standard Specifications must be used by the Consultant where possible. Final drawings shall be drawn, printed, or reproduced by a process providing a permanent record in black on vellum, tracing cloth, polyester base film, or high-quality bond copy. Bid, general conditions, contract and bond document forms or formats regularly used by the City shall be used by the Consultant unless the Director determines they would be impractical for this Project. the Consultant shall be responsible for assuring that the special conditions, technical specifications, and any other documents prepared by the Consultant are consistent with any documents regularly used by the City that are used for this Project. (2) Upon request of the City, the Consultant shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (3) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (4) The Consultant shall provide the City with two (2) sets of completed plans and two (2) sets of completed specifications for review and final acceptance by the City. Should the plans and specifications as submitted by the Consultant not be accepted by the City, the Consultant shall revise the plans and specifications as needed to obtain final acceptance at no additional cost to the City. (5) After acceptance of final corrections, if any, the Consultant shall provide the City with one set of accepted reproducible tracings and bid documents for the Project. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: .DWG. (6) The Consultant shall submit a final estimate of construction cost for review and acceptance by the City. Such estimate shall be calculated as of the date all general construction contract documents are delivered to the City in DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 5 of 31 final form ready for reproduction and advertising. Such estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract. (7) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the final revised estimate in Part 2 as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the final estimate. If the City elects to reject the final estimate, the Consultant shall at no additional cost to the City, make such design changes as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction cost previously accepted by the City. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within eighty-five (85) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty-one (21) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (d) Part Four. Bidding Phase. After review and acceptance of the construction document phase and if the City elects to proceed to bid, which shall constitute a written Notice to Proceed with this Part Four: (1) The Consultant shall assist the City in obtaining bids. The Consultant shall not communicate with potential bidders regarding this Project without the express prior written authorization of the City’s Purchasing Manager. (2) The Consultant shall, within 7 calendar days of any request by the City, expeditiously draft and promptly provide addendum as determined by the City to be reasonable or necessary for the bidding process. (3) If the lowest responsible bid received for the general construction contract exceeds by 10% or more the final estimate of construction cost previously accepted by the City, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, the Consultant shall, within 14 calendar days of any request by the City, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, at no additional cost to the City provided such bid is received within 180 calendar days after completion of services in Section 1(c) of this Agreement. The Consultant shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to the City for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to the Consultant from the Director, be repeated until an acceptable bid is received that does not exceed the DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 6 of 31 accepted final estimate of construction cost by more than 10%. (e) Part Five. Construction Phase and General Construction Contract Administration. The construction phase will begin with the award of the general construction contract, which shall constitute a written Notice to Proceed with this Part Five and will terminate when a Notice of Completion is filed. Upon award of a general construction contract for the Project and under the direction of the Director through the City’s designated Construction Manager for the Project: (1) The Consultant shall attend the pre-construction conference and, if called upon by the City, act on the City’s behalf in discussing the various aspects of the construction phase. (2) The Consultant shall review and recommend in writing to the City acceptance or non-acceptance of shop drawings, equipment and material submittals of the general construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by the City, the Consultant, and the general construction contractor. (3) The Consultant shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep the City informed of the progress of the work. In the event that the Consultant’s visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, the Consultant shall immediately advise the City and document, in writing, the work the Consultant deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on the Consultant’s best knowledge, information and belief, the Consultant shall provide the City a general written assurance that the work covered by a payment application meets the standards in the general construction contract. As to technical aspects, the Consultant shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to the City’s right to overrule the Consultant. (4) Upon written request by the City, the Consultant shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work. (5) Upon written request by the City, the Consultant shall render written recommendations on change orders, claims, disputes, or other questions arising out of the general construction contract, in a timely manner. Recommendations by the Consultant in favor of a change order that is consequently accepted by the City shall constitute approval by the Consultant who shall then approve the change order in writing. The Consultant shall not unreasonably withhold written approval in the event the City accepts a change order that the Consultant recommended to be rejected. In the event of any DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 7 of 31 technical disputes, the Consultant shall provide the City with the Consultant’s written interpretation of the contract documents. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre- construction conference as mutually agreed upon by the City, the Consultant, and the general construction contractor. If the City, the Consultant, and the respective general construction contractor are unable to mutually agree on such period for the Consultant review, then the City will make the determination and that determination will be final. (6) Upon written request by the City, the Consultant shall provide such design and specification services as may be requested by the City to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by the Consultant. (7) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in the Consultant’s compensation. (8) Upon written request of the City, the Consultant shall assist the City in the preparation of Progress Payment Estimates and other related construction reports. (9) The Consultant shall provide the City with two sets of original as-grade plans wet-stamped and signed by the Consultant’s Engineer of Record for the Project submitted for final approval by the City’s Building and Safety Services Division of the Development and Resource Management Department on all projects located outside the Right of Way. (10) the Consultant shall prepare Record Drawings by updating the accepted general construction documents in Part 3 to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided red-lined plans, (ii) those furnished by the City, (iii) the Consultant provided Request for Information responses, and (iv) any the Consultant bulletins, amendments, or clarifications. The Consultant shall provide the City with one set of vellum Record Drawings for the Project within twenty-eight (28) calendar days from receipt of red-lined field markups unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty (20) calendar days from receipt of the City comments unless an extension of time is approved in writing by the Director. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of Record Drawings in the following format: .DWG. 2. The City’s responsibilities. The City will: (a) Provide, upon request and cooperation of the Consultant, access to, and make all provisions necessary to, enter upon public or private lands as required for DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 8 of 31 the Consultant to perform such services and inspections as are required in development of the Project; provided, however, if the City is unable to obtain access to enter upon public or private lands, the Consultant shall not be relieved from performing its services as to those public and private lands that are accessible. If the Consultant notifies the City that a topographic survey is required by the Consultant in connection with the consulting services, then the City will be responsible for conducting the topographic survey. (b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the work and the successful completion of the Project, and pay all costs incidental thereto. (d) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release the Consultant from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to the City. (f) Prepare all change orders during construction in cooperation with the Consultant. (g) Prepare all Progress Payment Estimates in cooperation with the Consultant following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon the Consultant’s best knowledge, information, and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by the Consultant for acceptance to the end that there will be no substantial delays in the Consultant’s program of work. For an acceptance, approval, authorization, a request, or any direction to the Consultant to be binding upon the City under the terms of this Agreement, such acceptance, approval, authorization, request, or direction must be in writing, duly authorized by the City and signed on behalf of the City by the Director. 3. Compensation. (a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of One DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 9 of 31 Hundred Ninety Six Thousand Two Hundred Dollars (196,200.00), and a contingency amount not to exceed Twenty Five Thousand Dollars ($25,000.00) for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director. Such fees include all expenses incurred by the Consultant in performance of such services. (b)Detailed statements shall be rendered monthly and will be payable in the normal course of City business. Such statements shall be for an amount no greater than that attributable to the Part upon which the Consultant is then engaged as provided in Section 3(c) below. (c)For purposes of determining the division of the total compensation to the Consultant as provided in Section 3(a) above, or should performance of any succeeding Part not be authorized by the City as provided in Section 1 of this Agreement, it is agreed that the total compensation shall be allocated to the five Parts of the Consultant’s performance as follows: Part 1 – Sixty Three (63%), Part 2 – Zero (00%)], Part 3 – Twenty Seven (27%)], Part 4 - Four (4%)] and Part 5 - Six (6%)]. Prior to the award of a general construction contract for the Project, or should such contract not be awarded, the approved Parts as provided above shall be utilized for purposes of determining the fee due to the Consultant. (d)The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Subsequent to the date of completion of Part Three, changes due to Code revisions or enactments adopted after such date shall constitute additional work subject to this Section 3(d). 4. Termination, Remedies, Force Majeure, and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall: (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 10 of 31 satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may: (i) exercise any right, remedy (in contract, law, or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon the request of the Director or designee, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify the Director or designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or designee of the cessation of such occurrence. (g) the Consultant agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity, or statute) may, at the City’s option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding. the Consultant hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 11 of 31 information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings, and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8 the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney’s fees, litigation expenses and cost to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 12 of 31 under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub- consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 13 of 31 commencement of any services by the subcontractor. the Consultant and any subcontractor/sub-consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. Seq., the California Political Reform Act (California Government Code Section 87100 et. Seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. Seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any the City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct, or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. the Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 14 of 31 be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621- 1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit, or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 15 of 31 Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) The Consultant’s services pursuant to this Agreement shall be provided under the supervision of Ernie Escobedo, Branch Manager, and he/she shall not assign another to supervise the Consultant’s performance of this Agreement without the prior written approval of the Director. 12. Nondiscrimination. To the extent required by controlling federal, state, and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. the Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 16 of 31 workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers’ representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party’s address set forth on the signature page of this Agreement or at such other address as the parties may from DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 17 of 31 time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16 below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties’ respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors, or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 18 of 31 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third-Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 19 of 31 execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 20 of 31 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: RANDALL W. MORRISON, PE, Assistant Director Public Works Department ATTEST: TODD STERMER, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW-S Eng. CSA, Long Form Total Fee – Contingency (11- 2022) has been used without modification, as certified by the undersigned. By: Harlavpreet S. Brar Professional Engineer REVIEWED BY: Quad Knopf, Inc., a California Corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: Nathan Sanchez Projects Administrator Public Works Department Addresses: CITY: City of Fresno Attention:Harlavpreet S. Brar Professional Engineer 26oo Fresno Street, Room 4016 Fresno, CA 93721-3620 Phone: (559) 621-8616 E-mail: Harlavpreet.Brar@fresno.gov CONSULTANT: Quad Knopf, Inc. Attention: Ernie Escobedo, Branch Manager 601 Pollasky Avenue, Suite 301 Clovis, CA 93612 Phone: (559) 449-2400 E-mail: Ernie.Escobedo@qkinc.com Ron Wathen, PE #58690 President Amber Aguayo CFO/COO July 31, 1998 Ronald J. Wathen, PE PE #58690 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 21 of 31 3. Exhibit C - Conflict of Interest Disclosure Form Attachments: 1.Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 22 of 31 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Quad Knopf, Inc. (Consultant) Woodward Park Pickleball Court Project Scope of Work Woodward Park is located at 7775 Friant Avenue in the City of Fresno. The Project will include eight (8) to sixteen (16) new Pickleball Courts at Woodward Park. Design features for the park will include lighted courts with fencing, ADA paths of travel, and amenities such as drinking fountains, benches, landscape and irrigation, all of which are subject to review of community input collected as part of the project. The CONSULTANT’s focus for the project will include designing new pickleball courts to meet pickleball requirements, paths of travel to the new pickleball courts and restroom, improving adjacent features and areas, including benches, drinking fountains, landscape and irrigation, and optimizing park safety through the integration of area lighting around the new pickleball courts. When designing the pickleball courts and space around them, the CONSULTANT will put into consideration the court’s size, surface material, sound and overall layout. The project documentation will include design and construction schedule preparation, required CEQA documentation, tribal consultation coordination, community outreach and engagement, construction plans, specifications and cost estimates at different phases, reviews including ADA/CASp, constructability, and CADD audits. The CONSULTANT will submit necessary documents to the CITY, utility companies, and other relevant agencies for review and approval at appropriate stages. The CONSULTANT will determine review and approval requirements during out initial project meetings with the City and incorporate them into the project schedule. Scope of Services Part 1: Schematic Design Phase The CONSULTANT will conduct an analysis of the existing conditions to gain a full understanding of the scope of work necessary for this Project. The CONSULTANT will have two (2) meetings with the CITY staff, including appropriate stakeholders and/or council members per the preference of the CITY. The meeting will serve to inform and gather input and gain consensus regarding the Project’s components. The CONSULTANT will prepare a Schematic Design report that will include existing conditions, recommendations, a photolog, cost estimate, and concept landscape plans. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 23 of 31 The CONSULTANT will provide two (2) initial conceptual design plans for review and approval by CITY staff. The concepts will include the configuration of the court layouts, fencing, the location of proposed site amenities, and the accessible paths of travel. An itemized preliminary cost estimate for the conceptual designs will be prepared, from which City staff will determine which elements are to be included in the concept design to present to the community. The CONSULTANT will provide electrical design to support the proposed renovations to the Woodward Park including site investigation of existing electrical infrastructure, site plan design, lighting design for pickleball courts, photometric analysis, single-line diagrams, energy compliance documents and calculations (Title 24), specifications, and submittal review. The CONSULTANT will provide structural design services to provide structural calculations, plans, and book specifications in CSI format for construction of the structural elements of the Project. The plans and calculations will be designed according to the force level provisions in the 2022 California Building Code. The structural sheets will include structural notes, typical details, structural details, and fencing details and elevations. The CONSULTANT will evaluate the subsurface conditions at the project site to provide geotechnical engineering design parameters and recommendations for use in the project design and preparation of construction specifications. The scope of services will include two (2) test borings at a depth of 5 feet. Borings will be performed with portable gas- powered auger and manual hand auger. During the field investigation, bulk and undisturbed soil samples will be collected for laboratory analysis. The subconsultant will then perform two (2) laboratory Resistance Value tests to determine pertinent engineering and index properties of the soils removed from the site. Upon agreement of a preferred concept, the CONSULTANT will present the concept to the community via a community outreach and engagement process to be determined in collaboration with the CITY. The CONSULTANT will hold a community meeting/open house to solicit input from the public on the project at the predetermined location. Participants will view large-scale exhibit boards of the concept plans and the key components. Participants can view the boards at their leisure, and the CONSULTANT will be on hand to discuss the contents of the Project, followed by a formal presentation. After the completion of the community process, the final Schematic Design report integrating the final concept design and community comments will be submitted to the CITY Planning and Development Department for review and approval. A single combined set of comments from the CITY on the conceptual design plans and preliminary cost estimate will be applied in Parts Two and Three – Design Development and Construction Development Phase. The CONSULTANT will prepare CEQA Notice of Exemption (NOE) for the CITY’s transmittal to the State Clearinghouse or Fresno County Clerk, as determined necessary. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 24 of 31 Deliverable for Part 1 Schematic Phase will include the following:  Photolog and Existing Conditions  One (1) meeting with the stakeholders  Schematic Design reports and plans  Two (2) initial conceptual landscape design plans  One (1) final concept design based on CITY and Community input  Preliminary cost estimate  Electrical Design Documents for all civil plan submittals and approval  Structural Design Documents for all civil plan submittals and approval  PowerPoint Presentation of the renderings  Exhibit Boards of the renderings Part 2: Design Development Phase There is no scope of work proposed under Part 2. Part 3: Construction Document Phase Based on the approved conceptual design and construction budget, the CONSULTANT will prepare Construction Documents, details of the accepted design, and other drawings as applicable in accordance with the local and State codes, standards, and specifications. Plans will be reviewed by the CONSULTANT’s Certified Accessibility Specialty (CASp) for ADA access requirements. The Construction Document plans and specifications will include the following:  Title sheet and general notes  Topographic survey and demolition plan  Grading and drainage plan  Hardscape plans  Detailed sheets for the various amenities and site improvements  Technical specifications, bid item descriptions incorporated into CITY provided “front end” specifications, Divisions I-VI Deliverables for Part 3 Construction Document Phase will include the following:  One (1) 24”x36” set of 95% complete PS&E documents in PDF format.  One (1) meeting to review and discuss the 95% PS&E submittal in PDF format. A set of Construction Documents and specifications will be submitted to CITY’s Project Manager and City of Fresno Building & Safety Department for Permit review and comments. Following the receipt of permit plan check comments from the CITY, the CONSULTANT DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 25 of 31 will prepare Final Construction Document plans and specifications and resubmit for final backcheck and approval. Deliverables for Part 3 Final Construction Documents Phase will include the following: One (1) 24”x36” set of 100% complete PS&E documents in PDF format. One (1) original set of PS&E documents by the City. Part 4: Bidding Support Phase The CONSULTANT will assist the CITY during the bidding process by conducting a pre- bid meeting on-site, reviewing and responding to all the questions and RFIs submitted by contractors, and issuing addenda(s) as necessary. Part 5: Construction and Contract Administration Phase The CONSULTANT will assist the CITY Project Manager and Construction Management Department (CMD) during construction of the site improvements by attending preconstruction meeting arranged by the CITY CMD; provide clarification, as requested, of construction documents and respond to contractor’s request for information (RFIs); visiting the site at appropriate intervals to observe the workmanship is in substantial conformance with the construction documents. The CONSULTANT will conduct a preconstruction biological clearance survey. The survey would be conducted by a qualified biologist to confirm the presence/absence of any special status species or migratory avian species. The survey will be conducted 14- 30 days prior to the start of construction activities. A brief letter report outlining the results of the survey will be prepared and submitted to the City for their files. The survey is valid for a 30-day period. If construction does not start within 30 days of the survey, a new survey may be necessary. Following completion of the site improvements, the CONSULTANT will prepare “As- grade” plans based on CITY confirmed elevations and submit the plans to the CITY of Fresno. Compensation of all services described above will be based on a percentage of the construction costs, as described in the attached Proposed Fee Budgets. Fees will be billed monthly in accordance with the work completed. Part 1: Schematic Design Phase (63%) $ 124,050.00 Part 2: Design Development Phase (0%) $ 0.00 Part 3: Construction Document Phase (27%) $ 53,600.00 Part 4: Bidding Support Phase (4%) $ 7,360.00 Part 5: Construction Phase Services (6%) $ 11,190.00 TOTAL PROFESSIONAL SERVICES FEE $ 196,200.00 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 26 of 31 Schedule Time allotted for each phase is described in Agreement Section1 Scope of Services and is summarized below. Part 1: Schematic Design Phase (63%) 210 calendar days Part 2: Design Development Phase (0%) 0 calendar days Part 3: Construction Document Phase (27%) 85 calendar days Part 4: Bidding Support Phase (4%) No defined duration Part 5: Construction Phase Services (6%) No defined duration DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 27 of 31 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Quad Knof Inc. (Consultant) Woodward Park Pickleball Court MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance, or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1.COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 28 of 31 2.COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3.WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4.EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5.PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees, agents, and volunteers; or (ii) The Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript insurance company endorsement DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 29 of 31 providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of five years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 30 of 31 agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be performed under this Agreement, the Consultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the City Risk Manager or designee. If no side agreement is required, the Consultant shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and the Consultant shall ensure that the City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with the Consultant, and the City, prior to commencement of any work by the subcontractor. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit C Page 31 of 31 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Woodward Park Pickleball Court YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? ☐ ☐ 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno? ☐ ☐ 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? ☐ ☐ 4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? ☐ ☐ 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? ☐ ☐ 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? ☐ ☐ * If the answer to any question is yes, please explain in full below. Explanation: Signature Date Name Company Address City, State, Zip ☐Additional page(s) attached. QK regularly performs work for both private and agency clients with the City of Fresno. This project would not conflict with any existing work in the City. Amber Aguayo Quad Knopf, Inc. dba QK 601 Pollasky Avenue, Suite 301 Clovis, CA 93612 July 19, 2023 X X X X X X Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Woodward Park N 0 1.5 30.75 Miles Project ID: PC00261Council District: 6 Woodward Park Picklebal CourtVICINITY MAP DEPARTMENT OFPUBLIC WORKS District 6 City_Limits Copyright nearmap 2015 Woodward Park Pickleball Court7775 N. Friant Ave.Fresno, CA Project ID: PC00261 Council District: 6 LOCATION MAPN 0 320 640160 Feet DEPARTMENT OFPUBLIC WORKS Exhibit A Woodward Park Legend Proposed Pickleball Court Location Proposed Path to Travel to existing Restroom Copyright nearmap 2015 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1174 Agenda Date:8/10/2023 Agenda #: 1.-N. REPORT TO THE CITY COUNCIL FROM:AARON A. AGUIRRE, Director Parks, After School, Recreation, and Community Services Department RANDALL W. MORRISON, PE, Director Capital Projects Department BY:HARLAVPREET S. BRAR, PE, Professional Engineer Capital Projects Department, Utilities and On-Site Project Management Division SUBJECT Approve an agreement for professional engineering services with Quad Knopf Inc., dba QK, of Fresno, California for $86,930 with a $10,000 contingency, for design and construction support services for the Roeding Park Court Repurposing Project (Council District 3) RECOMMENDATION Staff recommends City Council approve a consultant services agreement with Quad Knopf Inc., dba QK, of Fresno, California in the amount of $86,930, with a $10,000 contingency, for the design and preparation of construction documents for the Roeding Park Court Repurposing Project and authorize the Public Works Director or designee to execute the agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno Parks, After School, Recreation and Community Services Department (PARCS) proposes to repurpose three (3) existing tennis courts into new sports courts with upgraded lighting at Roeding Park. The project will include a community meeting to present initial conceptual designs and receive public input to inform what specific sports will be included in the final design. The contract for professional engineering design services will be funded using carryover funds from FY2023 Measure P expenditure category 1, highest-needs allocations. Council approval of the consultant agreement between the City and QK is recommended to facilitate development of plans, cost estimates, and general construction contract documents necessary to complete the project. BACKGROUND The PARCS Department proposes to utilize Measure P to improve the existing park facilities and enhance the park guest experience at Roeding Park. The project will support the growth of the sports City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/MK 7-0 AP RECUSE APPROVED ON CONSENT File #:ID 23-1174 Agenda Date:8/10/2023 Agenda #: 1.-N. enhance the park guest experience at Roeding Park.The project will support the growth of the sports community in the surrounding area and will cultivate an environment that promotes health and social interaction. As part of the project,QK will analyze the existing site conditions and will develop conceptual design plans for repurposing the existing courts.Accessible paths of travel to and from the courts to the parking lot will be reviewed and any necessary improvements incorporated into the design.The project will include upgraded lighting and may include additional upgrades to site furnishings such as benches and picnic tables subject to funding availability and community input. In accordance with AO 6-19,staff sent out a request for Statements of Qualifications (SOQs)in December 2022 via Planet Bids,email,and published in The Business Journal for Pickleball Court Projects.The request for SOQs was sent out for projects at four (4)different locations including Woodward Park,Roeding Park,Vinland Park,and Rotary East Park.Four (4)SOQs were received, and staff interviewed the three (3)qualified respondents between March 6,2023,and March 7,2023. QK was determined to be the most qualified and responsive based on the consultant interviews.Staff believes that a separate agreement for each location is the best route forward to meet different funding and scheduling requirements at each location.Staff negotiated a fee of $86,930,with a $10,000 contingency,for the preparation of plans,specifications,cost estimates,bidding support services, and construction support services for this project. Staff recommends City Council approve the proposed agreement with QK in the amount of $86,930, with a $10,000 contingency,for the design and preparation of construction documents for the Roeding Park Court Repurposing Project and authorize the Public Works Director or designee to sign on behalf of the City. The City Attorney’s Office has reviewed and approved the proposed agreement as to form. ENVIRONMENTAL FINDINGS A consultant agreement for the design of plans and cost estimates is not a “project”pursuant to California Environmental Quality Act (CEQA) Guidelines § 15378. LOCAL PREFERENCE Local preference was implemented in the consultant selection process pursuant to the Fresno Municipal Code Section 4-109.Quad Knopf Inc.,is a local business,as defined by the Fresno Municipal Code. FISCAL IMPACT The proposed project is in Council District 3.The Roeding Park Court Repurposing Project is funded in the FY2024 approved budget through carryover funds from FY2023 Measure P allocations. Attachment(s): Consultant Agreement Vicinity Map City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1174 Agenda Date:8/10/2023 Agenda #: 1.-N. Location Map City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 1 of 30 AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT (Agreement) is made and entered into, effective __________________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and Quad Knopf, Inc., a California Corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional architectural and engineering services for the design of plans and general construction contract documents for Roeding Park Court Repurposing (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a a licensed architect and engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Public Works Department Director (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform the services described herein and in Exhibit A to complete the Project more fully described in Exhibit A, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. The services of the Consultant shall consist of five Parts as described below. A separate Notice to Proceed will be issued for each of the aforementioned Parts. By entry into this Agreement and upon the City’s issuance of a written "Notice to Proceed," the City contracts for the services in Part One. The Consultant shall not perform any other Part of the Agreement, and this Agreement shall not be a contract for any other Part, until further performance is authorized by the City’s issuance of a written “Notice to Proceed.” It shall, however, remain the Consultant’s offer to perform all remaining parts described herein. In the event the Consultant performs services without the City’s prior written authorization, the Consultant will not be entitled to compensation for such services. (a) Part One. Schematic Design Phase. (1) The Consultant shall review the description of the Project set forth in Exhibit A and consult with designated representatives of the City to ascertain the requirements of the Project. (2) The Consultant shall conduct studies and investigations as DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 2 of 30 necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining all information and data from the respective responsible City department/division that is available in the City’s records and is required by the Consultant in connection with the consulting services including, but not limited to, maps, surveys, reports, information, restrictions, and easements. The Consultant shall notify the City if a topographic survey is required. (3) The Consultant shall provide a preliminary evaluation of the Project taking into consideration the City’s estimate of the cost of construction (Construction Budget) of Six Hundred Fifty Thousand Dollars ($650,000.00), including alternative approaches to design and construction of the Project. (4) Based upon the mutually agreed upon Project requirements and any adjustments authorized by the City in the Construction Budget, the Consultant shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by the City staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components. (5) The Consultant shall submit a preliminary estimate of construction cost for review and acceptance by the City. As used herein, "construction cost" means the cost of construction under the general construction contract and does not include The Consultant’s compensation as herein provided. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives, the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget. (6) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (7) The Consultant may not rely upon any as-builts provided by the City but shall investigate the existing conditions and ascertain the adequacy of such as-builts for the Consultant’s design. The Consultant shall bring to the City’s attention any discrepancies in the as-builts that are discovered by the Consultant. The City makes no representations regarding any as-builts. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within One Hundred Thity Five (135) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty one (21) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 3 of 30 (b) Part Two. Design Development Phase. After review and acceptance of the schematic design phase and issuance of a written Notice to Proceed with this Part Two: (1) Based upon the accepted schematic design documents and the Construction Budget, including authorized revisions thereto, the Consultant shall prepare for review and acceptance by the City the design development documents consisting of drawings and other documents to fix and describe the size and character of the Project as necessary to show treatment of significant details. In addition, the Consultant shall provide outline specifications of the work as to kinds of materials, systems, and other such design elements as may be required. Such design development documents and specifications shall be subject to review and acceptance by the City. (2) The Consultant shall submit a revised estimate of construction cost for review and acceptance by the City. The revised estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisions thereto. (3) In the event that the revised estimate of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which was identified in Part 1 as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the revised estimate and the Consultant shall, at no additional cost to the City, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by the City. The City shall not increase the scope of the Project except by modification of this Agreement which shall include an agreed upon increase in the Consultant’s compensation. (4) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City.Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within Zero (0) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within Zero (0) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (c) Part Three. Construction Document Phase. After review and acceptance of the design development phase and issuance of a written Notice to Proceed DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 4 of 30 with this Part Three: (1) The Consultant shall prepare from the accepted design development documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship, finishes and equipment, fixtures, and site work required. The Consultant shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical specifications of the general construction contract, and the bid proposal and general construction contract forms. Such documents shall be subject to the review and acceptance by the City. The Consultant shall cooperate with, assist and be responsive to Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. The City’s Standard Specifications must be used by the Consultant where possible. Final drawings shall be drawn, printed, or reproduced by a process providing a permanent record in black on vellum, tracing cloth, polyester base film, or high-quality bond copy. Bid, general conditions, contract and bond document forms or formats regularly used by the City shall be used by the Consultant unless the Director determines they would be impractical for this Project. the Consultant shall be responsible for assuring that the special conditions, technical specifications, and any other documents prepared by the Consultant are consistent with any documents regularly used by the City that are used for this Project. (2) Upon request of the City, the Consultant shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (3) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (4) The Consultant shall provide the City with two (2) sets of completed plans and two (2) sets of completed specifications for review and final acceptance by the City. Should the plans and specifications as submitted by the Consultant not be accepted by the City, the Consultant shall revise the plans and specifications as needed to obtain final acceptance at no additional cost to the City. (5) After acceptance of final corrections, if any, the Consultant shall provide the City with one set of accepted reproducible tracings and bid documents for the Project. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: .DWG. (6) The Consultant shall submit a final estimate of construction cost for review and acceptance by the City. Such estimate shall be calculated as of the date all general construction contract documents are delivered to the City in final form ready for reproduction and advertising. Such estimate shall include, but DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 5 of 30 shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract. (7) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the final revised estimate in Part 2 as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the final estimate. If the City elects to reject the final estimate, the Consultant shall at no additional cost to the City, make such design changes as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction cost previously accepted by the City. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within seventy-five (75) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty-one (21) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (d) Part Four. Bidding Phase. After review and acceptance of the construction document phase and if the City elects to proceed to bid, which shall constitute a written Notice to Proceed with this Part Four: (1) The Consultant shall assist the City in obtaining bids. The Consultant shall not communicate with potential bidders regarding this Project without the express prior written authorization of the City’s Purchasing Manager. (2) The Consultant shall, within 7 calendar days of any request by the City, expeditiously draft and promptly provide addendum as determined by the City to be reasonable or necessary for the bidding process. (3) If the lowest responsible bid received for the general construction contract exceeds by 10% or more the final estimate of construction cost previously accepted by the City, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, the Consultant shall, within 14 calendar days of any request by the City, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, at no additional cost to the City provided such bid is received within 180 calendar days after completion of services in Section 1(c) of this Agreement. The Consultant shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to the City for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to the Consultant from the Director, be repeated until an acceptable bid is received that does not exceed the accepted final estimate of construction cost by more than 10%. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 6 of 30 (e) Part Five. Construction Phase and General Construction Contract Administration. The construction phase will begin with the award of the general construction contract, which shall constitute a written Notice to Proceed with this Part Five and will terminate when a Notice of Completion is filed. Upon award of a general construction contract for the Project and under the direction of the Director through the City’s designated Construction Manager for the Project: (1) The Consultant shall attend the pre-construction conference and, if called upon by the City, act on the City’s behalf in discussing the various aspects of the construction phase. (2) The Consultant shall review and recommend in writing to the City acceptance or non-acceptance of shop drawings, equipment and material submittals of the general construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by the City, the Consultant, and the general construction contractor. (3) The Consultant shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep the City informed of the progress of the work. In the event that the Consultant’s visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, the Consultant shall immediately advise the City and document, in writing, the work the Consultant deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on the Consultant’s best knowledge, information and belief, the Consultant shall provide the City a general written assurance that the work covered by a payment application meets the standards in the general construction contract. As to technical aspects, the Consultant shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to the City’s right to overrule the Consultant. (4) Upon written request by the City, the Consultant shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work. (5) Upon written request by the City, the Consultant shall render written recommendations on change orders, claims, disputes, or other questions arising out of the general construction contract, in a timely manner. Recommendations by the Consultant in favor of a change order that is consequently accepted by the City shall constitute approval by the Consultant who shall then approve the change order in writing. The Consultant shall not unreasonably withhold written approval in the event the City accepts a change order that the Consultant recommended to be rejected. In the event of any technical disputes, the Consultant shall provide the City with the Consultant’s DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 7 of 30 written interpretation of the contract documents. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre- construction conference as mutually agreed upon by the City, the Consultant, and the general construction contractor. If the City, the Consultant, and the respective general construction contractor are unable to mutually agree on such period for the Consultant review, then the City will make the determination and that determination will be final. (6) Upon written request by the City, the Consultant shall provide such design and specification services as may be requested by the City to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by the Consultant. (7) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in the Consultant’s compensation. (8) Upon written request of the City, the Consultant shall assist the City in the preparation of Progress Payment Estimates and other related construction reports. (9) The Consultant shall provide the City with two sets of original as-grade plans wet-stamped and signed by the Consultant’s Engineer of Record for the Project submitted for final approval by the City’s Building and Safety Services Division of the Development and Resource Management Department on all projects located outside the Right of Way. (10) the Consultant shall prepare Record Drawings by updating the accepted general construction documents in Part 3 to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided red-lined plans, (ii) those furnished by the City, (iii) the Consultant provided Request for Information responses, and (iv) any the Consultant bulletins, amendments, or clarifications. The Consultant shall provide the City with one set of vellum Record Drawings for the Project within twenty-eight (28) calendar days from receipt of red-lined field markups unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty (20) calendar days from receipt of the City comments unless an extension of time is approved in writing by the Director. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of Record Drawings in the following format: .DWG. 2. The City’s responsibilities. The City will: (a) Provide, upon request and cooperation of the Consultant, access to, and make all provisions necessary to, enter upon public or private lands as required for the Consultant to perform such services and inspections as are required in development DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 8 of 30 of the Project; provided, however, if the City is unable to obtain access to enter upon public or private lands, the Consultant shall not be relieved from performing its services as to those public and private lands that are accessible. If the Consultant notifies the City that a topographic survey is required by the Consultant in connection with the consulting services, then the City will be responsible for conducting the topographic survey. (b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the work and the successful completion of the Project, and pay all costs incidental thereto. (d) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release the Consultant from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to the City. (f) Prepare all change orders during construction in cooperation with the Consultant. (g) Prepare all Progress Payment Estimates in cooperation with the Consultant following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon the Consultant’s best knowledge, information, and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by the Consultant for acceptance to the end that there will be no substantial delays in the Consultant’s program of work. For an acceptance, approval, authorization, a request, or any direction to the Consultant to be binding upon the City under the terms of this Agreement, such acceptance, approval, authorization, request, or direction must be in writing, duly authorized by the City and signed on behalf of the City by the Director. 3. Compensation. (a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of Eighty Six Thousand Nine Hundred Thirty Dollars (86,930.00), and a contingency amount DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 9 of 30 not to exceed Ten Thousand Dollars ($10,000.00) for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director. Such fees include all expenses incurred by the Consultant in performance of such services. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. Such statements shall be for an amount no greater than that attributable to the Part upon which the Consultant is then engaged as provided in Section 3(c) below. (c) For purposes of determining the division of the total compensation to the Consultant as provided in Section 3(a) above, or should performance of any succeeding Part not be authorized by the City as provided in Section 1 of this Agreement, it is agreed that the total compensation shall be allocated to the five Parts of the Consultant’s performance as follows: Part 1 – Fifty Six (56%), Part 2 – Zero (00%)], Part 3 – Thirty Two (32%)], Part 4 - Four (4%)] and Part 5 - Eight (8%)]. Prior to the award of a general construction contract for the Project, or should such contract not be awarded, the approved Parts as provided above shall be utilized for purposes of determining the fee due to the Consultant. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Subsequent to the date of completion of Part Three, changes due to Code revisions or enactments adopted after such date shall constitute additional work subject to this Section 3(d). 4. Termination, Remedies, Force Majeure, and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall: (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 10 of 30 withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may: (i) exercise any right, remedy (in contract, law, or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon the request of the Director or designee, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify the Director or designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or designee of the cessation of such occurrence. (g) the Consultant agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity, or statute) may, at the City’s option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding. the Consultant hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 11 of 30 All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings, and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8 the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney’s fees, litigation expenses and cost to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 12 of 30 harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub- consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. the Consultant and any DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 13 of 30 subcontractor/sub-consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. Seq., the California Political Reform Act (California Government Code Section 87100 et. Seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. Seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any the City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct, or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. the Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 14 of 30 include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621- 1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit, or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 15 of 30 City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) The Consultant’s services pursuant to this Agreement shall be provided under the supervision of Ernie Escobedo, Branch Manager, and he/she shall not assign another to supervise the Consultant’s performance of this Agreement without the prior written approval of the Director. 12. Nondiscrimination. To the extent required by controlling federal, state, and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. the Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 16 of 30 understanding, a notice advising such labor union or workers’ representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party’s address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 17 of 30 manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16 below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties’ respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors, or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 18 of 30 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third-Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 19 of 30 execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 20 of 30 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: RANDALL W. MORRISON3( Assistant Director Public Works Department ATTEST: TODD STERMER, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW-S Eng. CSA, Long Form Total Fee – Contingency (11- 2022) has been used without modification, as certified by the undersigned. By: Harlavpreet S. Brar Professional Engineer REVIEWED BY: Quad Knopf, Inc., a California Corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Francisco V. Magos, PE, MBA, QSD Public Works Department Addresses: CITY: City of Fresno Attention:Harlavpreet S. Brar Professional Engineer 26oo Fresno Street, Room 4016 Fresno, CA 93721-3620 Phone: (559) 621-8616 E-mail: Harlavpreet.Brar@fresno.gov CONSULTANT: Quad Knopf, Inc. Attention: 601 Pollasky Avenue, Suite 301 Clovis, CA 93612 Phone: (559) 449-2400 E-mail: Ernie.Escobedo@qkinc.com (UQLH(VFREHGR %UDQFK0DQDJHU Ron Wathen, PE #58690 Amber Aguayo CFO/COO Any Applicable Professional License: Number: PE #58690 Name: Ronald J. Wathen, PE Date of Issuance: July 31, 1998 President DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 21 of 30 3. Exhibit C - Conflict of Interest Disclosure Form Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 22 of 30 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Quad Knopf, Inc. (Consultant) Roeding Park Court Repurposing Project Scope of Work Roeding Park is located at 890 Belmont Avenue in the City of Fresno. The Project will include the repurposing of three (3) existing Tennis Courts into new sports courts at Roeding Park. A thorough community outreach and engagement process with key members of the pickleball, futsal and basketball community, council district, and the City’s PARCS Department will be performed. The CONSULTANT’s focus for the project will include designing new pickleball courts to meet pickleball requirements; updating areas and path of travel to the new pickleball courts; improving adjacent features and areas, including benches, picnic tables, shade structures, and optimizing park safety through the integration of area lighting around the new pickleball courts. The project documentation will include design and construction schedule preparation, required CEQA documentation, tribal consultation coordination, Historic Prevention commission review and approval, community outreach and engagement, construction plans, specifications and cost estimates at different phases, reviews including ADA/CASp, constructability, and CADD audits. The CONSULTANT will submit necessary documents to the CITY, utility companies, and other relevant agencies for review and approval at appropriate stages. The CONSULTANT will determine review and approval requirements during out initial project meetings with the City and incorporate them into the project schedule. Scope of Services Part 1: Schematic Design Phase The CONSULTANT will conduct an analysis of the existing conditions to gain a full understanding of the scope of work necessary for this Project. The CONSULTANT will have two (2) meeting with the CITY staff, including appropriate stakeholders and/or council member per the preference of the CITY. The meeting will serve to inform and gather input and gain consensus regarding the Project’s components. The CONSULTANT will prepare a Conceptual Design Report which will include existing conditions, recommendations, a photolog, cost estimate, and concept landscape plans. The CONSULTANT shall provide two (2) conceptual design plans for pickleball courts DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 23 of 30 with dedicated futsal and two (2) conceptual design plans for pickleball courts with a multi- purpose court suitable for futsal and basketball, for review and approval by CITY staff. The concepts will include the configuration of the court layouts, fencing, the location of proposed site amenities, and the accessible path of travel. An itemized preliminary cost estimate for the conceptual designs will be prepared, from which City staff will determine which elements are to be included in the concept design to present to the community. Upon agreement of a preferred conceptual plan, The CONSULTANT will present the conceptual plans to the community for the selection via a community outreach and receive public input to inform what sports courts will be included in the final design. The engagement process shall be determined in collaboration with the CITY. After the completion of the community process, the final Schematic Design report integrating the final concept design and community comments will be submitted to the CITY for review. A single combined set of comments from the CITY on the conceptual design plans and preliminary cost estimate will be applied in Parts Two and Three – Design Development and Construction Development Phase. The CONSULTANT will provide electrical design to support the proposed renovations to Roeding Park including site investigation of existing electrical infrastructure, site plan design, lighting design for pickleball courts, photometric analysis, single-line diagrams, energy compliance documents and calculations (Title 24), specifications, and submittal review. The CONSULTANT will prepare CEQA Notice of Exemption (NOE) for the CITY’s transmittal to the State Clearinghouse or Fresno County Clerk, as determined necessary. The CONSULTANT will provide structural design services to provide structural calculations, plans, and book specifications in CSI format for construction of the structural elements of the Project. The plans and calculations will be designed according to the force level provisions in the 2022 California Building Code. The structural sheets will include structural notes, typical details, structural details, and fencing details and elevations. Deliverable for Part 1 Schematic Phase will include the following: x Photolog and Existing Conditions x One (1) meeting with the stakeholders x Schematic Design reports and plans x Two (2) initial conceptual landscape design plans x One (1) final concept design based on CITY and Community input x Preliminary cost estimate x Electrical Design Documents for all civil plan submittals and approval x Structural Design Documents for all civil plan submittals and approval Part 2: Design Development Phase There is no scope of work proposed under Part 2. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 24 of 30 Part 3: Construction Document Phase Based on the approved conceptual design and construction budget, the CONSULTANT will prepare Construction Documents, details of the accepted design, and other drawings as applicable in accordance with the local and State codes, standards, and specifications. Plans will be reviewed by the CONSULTANT’s Certified Accessibility Specialty (CASp) for ADA access requirements. The CONSULTANT shall be responsible for geotechnical services to finalize the footings for non-standard fences, light poles, or any additional amenities required on site. The Construction Document plans and specifications will include the following: x Title sheet and general notes x Topographic survey and demolition plan x Grading and drainage plan x Hardscape plans x Detailed sheets for the various amenities and site improvements x Technical specifications, bid item descriptions incorporated into CITY provided “front end” specifications, Divisions I-VI Deliverables for Part 3 Construction Document Phase will include the following: x One (1) 24”x36” set of 95% complete PS&E documents in PDF format. x One (1) meeting to review and discuss the 95% PS&E submittal in PDF format. A set of Construction Documents and specifications will be submitted to CITY’s Project Manager and City of Fresno Building & Safety Department for Permit review and comments. Following the receipt of permit plan check comments from the CITY, the CONSULTANT will prepare Final Construction Document plans and specifications and resubmit for final backcheck and approval. Deliverables for Part 3 Final Construction Documents Phase will include the following: x One (1) 24”x36” set of 100% complete PS&E documents in PDF format. x One (1) original set of PS&E documents by the City. Part 4: Bidding Support Phase The CONSULTANT will assist the CITY during the bidding process by conducting a pre- bid meeting on-site, reviewing and responding to all the questions and RFIs submitted by contractors, and issuing addenda(s) as necessary. Part 5: Construction and Contract Administration Phase DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 25 of 30 The CONSULTANT will assist the CITY Project Manager and Construction Management Division (CMD) during construction of the site improvements by attending preconstruction meeting arranged by the CITY CMD; provide clarification, as requested, of construction documents and respond to contractor’s request for information (RFIs); visiting the site at appropriate intervals to observe the workmanship is in substantial conformance with the construction documents. Following completion of the site improvements, the CONSULTANT will prepare “As- grade” plans based on CITY confirmed elevations and submit the plans to the CITY of Fresno. Compensation of all services described above will be based on a percentage of the construction costs, as described in the attached Proposed Fee Budgets. Fees will be billed monthly in accordance with the work completed. Part 1: Schematic Design Phase (56%) $ 48,930.00 Part 2: Design Development Phase (0%) $ 0.00 Part 3: Construction Document Phase (32%) $ 28,300.00 Part 4: Bidding Support Phase (4%) $ 3,700.00 Part 5: Construction Phase Services (8%) $ 6,000.00 TOTAL PROFESSIONAL SERVICES FEE $ 86,930.00 Schedule Time allotted for each phase is described in Agreement Section1 Scope of Services and is summarized below. Part 1: Schematic Design Phase (56%) 135 calendar days Part 2: Design Development Phase (0%) 0 calendar days Part 3: Construction Document Phase (32%) 75 calendar days Part 4: Bidding Support Phase (4%) No defined duration Part 5: Construction Phase Services (8%) No defined duration DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 26 of 30 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Quad Knof Inc. (Consultant) Roeding Park Court Repurposing MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance, or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 27 of 30 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees, agents, and volunteers; or (ii) The Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript insurance company endorsement DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 28 of 30 providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of five years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 29 of 30 agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be performed under this Agreement, the Consultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the City Risk Manager or designee. If no side agreement is required, the Consultant shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and the Consultant shall ensure that the City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with the Consultant, and the City, prior to commencement of any work by the subcontractor. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit C Page 30 of 30 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Roeding Park Pickleball Court YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? ☐☐ 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno? ☐ ☐ 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? ☐ ☐ 4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? ☐ ☐ 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? ☐ ☐ 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? ☐ ☐ * If the answer to any question is yes, please explain in full below. Explanation: Signature Date Name Company Address City, State, Zip ☐Additional page(s) attached. QK regularly performs work for both private and agency clients with the City of Fresno. This project would not conflict with any existing work in the City. July 31, 2023 Amber Aguayo Quad Knopf, Inc. dba QK 601 Pollasky Avenue, Suite 301 Clovis, CA 93612 X X X X X X Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Roeding Park N 0 1.5 30.75 Miles Project ID: PC00279 Council District: 3 Roeding Park Court Repurposing VICINITY MAP DEPARTMENT OFPUBLIC WORKS District 3 City_Limits W Olive AveW Olive Ave N West AveN West AveCopyright nearmap 2015 Roeding Park Court Repurposing Project890 W. Belmont Ave. Fresno CA 93728 Project ID: PC00279 Council District: 3 LOCATION MAPN 0 90 18045 Feet DEPARTMENT OFPUBLIC WORKS Exhibit A Roeding Park Court Repurposing Project Legend Proposed Sports Courts City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1169 Agenda Date:8/10/2023 Agenda #: 1.-O. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department RANDALL W. MORRISON, PE, Director Capital Projects Department BY:JESUS AVITIA, Assistant Director Capital Projects Department, Transportation Project Management Division GARINE KENDOYAN, Engineer II Capital Projects Department, Transportation Project Management Division SUBJECT Actions pertaining to the Mariposa Plaza Renovations - Bid File No. 12302138 (Council District 3): 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15302/Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines 2. Award a construction contract in the amount of $2,691,094 to American Paving Co. of Fresno, California 3. Approve a service agreement in the amount of $178,633.44 with Pacific Gas and Electric Company RECOMMENDATIONS Staff recommends that the City Council (1) adopt a finding of Categorical Exemption pursuant to Section 15302 of the California Environmental Quality Act (CEQA) Guidelines, (2) award a construction contract to American Paving Co. of Fresno, California in the amount of $2,691,094 as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno; and (3) approve a service agreement with Pacific Gas and Electric Company (PG&E) in the amount of $178,633.44, and authorize the Public Works Director or designee to sign the agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY As part of the approved Master Grant Agreement with the Strategic Growth Council (SGC) for development and implementation of greenhouse gas emissions reduction projects, also known as the Transformative Climate Communities (TCC) Grant Program, in the amount of $66,500,000, the City of Fresno Public Works Department is implementing the Mariposa Plaza Renovations Project. City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/AP 7-0 File #:ID 23-1169 Agenda Date:8/10/2023 Agenda #: 1.-O. of Fresno Public Works Department is implementing the Mariposa Plaza Renovations Project. Renovations include tree planting,landscaping,lighting,installation of permeable paving,two stages, a shade structure and associated utilities.Awarding a construction contract for this project will refresh a significant downtown plaza and create a more welcoming,vibrant,and comfortable public space for all users to enjoy.The project is fully funded by the TCC Grant Program and a small portion of American Rescue Plan Act (ARPA) funding. BACKGROUND The TCC Grant Program was established by Assembly Bill (AB)2722 and is administered by the SGC using Cap-and-Trade funds for the development and implementation of neighborhood-level transformative climate community plans that include multiple,coordinated greenhouse gas emissions reduction projects that provide local economic,environmental,and health benefits to disadvantaged communities.The TCC Grant Program takes a place-based approach that commits applicants to the achievement of economic,environmental,and public health benefits in a specific community through the deployment of integrated climate strategies that combine greenhouse gas reduction activities to achieve multiple community benefits and drive innovation.The City has been awarded grant funds of $66,500,000 from the TCC Grant Program to fund the development and implementation of neighborhood-level coordinated greenhouse gas emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities. The submittal for the grant funds,named the Transform Fresno Plan,includes coordination with several Partners to deliver a variety of California Climate Investment projects,including the redesign of Mariposa Plaza.On February 28,2019,the City Council approved the Master Grant Agreement with SGC for development and implementation of greenhouse gas emissions reduction projects in the amount of $66,500,000.On May 16,2019,the City Council approved a Sub-Recipient Agreement with the City’s Department of Public Works for the Mariposa Plaza Project in the amount of $3,859,000 and approved Resolution No.2019-105 amending the Annual Appropriation Resolution (AAR) No. 2018-157. The design started following the City Council approval of the consultant contract with WRT,Inc.of San Francisco,California,on March 5,2020.Renovations include tree planting,landscaping,lighting, permeable paving,two stages,a shade structure and associated utilities.This project will require a new electrical service from PG&E to provide power for the proposed improvements,and allow capacity for future special events,including a seasonal ice rink.The proposed services contract with PG&E will fund the improvements necessary for PG&E to supply the necessary power. The Notice Inviting Bids was published in the Business Journal on March 19,2023 and posted on the City’s website.One sealed bid proposal was received and opened in the public bid opening on July 11,2023,with a bid amount of $2,691,094.American Paving Co.of Fresno,California is deemed the lowest responsive and responsible bidder.The bids will expire 64 days after the bid opening,on September 13,2023.If the bids are rejected or expire,the project will be rebid,resulting in a delay of construction completion beyond the required funding close out,due to prolonged lead time on the shade structure.This contract is covered by the TCC Project Labor Agreement (PLA),which applies to all TCC grant funded projects.The Contractor shall become signatory to the PLA by executing the Letter of Assent with the PLA. Staff is recommending approval of a service agreement with Pacific Gas and Electric Company City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1169 Agenda Date:8/10/2023 Agenda #: 1.-O. Staff is recommending approval of a service agreement with Pacific Gas and Electric Company (PG&E)in the amount of $178,633.44,and authorization of the Public Works Director or designee to sign and execute the agreement on behalf of the City of Fresno.Staff is also recommending the award of a construction contract to American Paving Co.of Fresno,California in the amount of $2,691,094 to construct the Mariposa Plaza Renovations Project,as the lowest responsive and responsible bidder,and authorization of the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno. The City Attorney’s Office has reviewed and approved this item as to form. ENVIRONMENTAL FINDINGS Staff utilized an on call environmental consultant to perform a preliminary environmental assessment of this project.This project was determined to be Categorically Exempt under Section 15302/Class 2 (Replacement or Reconstruction)of the CEQA Guidelines because existing structures are being reconstructed on the same site as the structures replaced and will have substantially the same purpose and capacity as the structures replaced. 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 or cumulative effect on the environment.The project is not located on a hazardous waste site,a historical resource,or adjacent to a scenic highway.A categorical exemption,as noted above,has been prepared for the project and the area is not environmentally sensitive. LOCAL PREFERENCE Local preference was not implemented because of the TCC Grant Funding. FISCAL IMPACT The Mariposa Plaza Renovation Project is located in Council District 3.The overall cost of the project is $4,018,500 and is grant funded by a TCC grant.A small contribution from the American Rescue Plan Act (ARPA)funding is allocated to fund the electrical service upgrade for the project.Of the overall budget of the project,$2,691,094 will be used for the construction contract award,and $178,633.44 will be used for the PG&E Service Agreement. Attachments: Environmental Assessment Bid Evaluation Fiscal Impact Statement Standardized Contract PG&E Service Agreement Vicinity Map City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ Statutory Exemptions. State code number: _______________________________________________ Print Form Notice of Exemption Appendix E From: (Public Agency): ____________________________To: Office of Planning and Research P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk (Address) ___________________________ ___________________________ County of: __________________ Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific: Project Location - City: ______________________ Project Location - County: Description of Nature, Purpose and Beneficiaries of Project: _____________________ Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Reasons why project is exempt: Lead Agency Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date: Signed by Lead Agency Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________ Categorical Exemption. State type and section number: ____________________________________ ______________________________________________ ______________ Title: _______________________ Revised 2011 600 B Street, Suite 2000, San Diego, CA 92101  p: 619.236.1778  f: 619.236.1179  www.WeAreHarris.com MEMORANDUM To: Garine Kendoyan, Engineer, City of Fresno From: Kate Elliott, Project Director, Harris & Associates RE: Mariposa Plaza Activation Project – Supporting Memorandum for Categorical Exemption (Replacement and Reconstruction) Date: March 2, 2023 Att: 1, GeoTracker and EnviroStor Database Search, 2, Historical Resources Map This memorandum provides supporting documentation for determining the Mariposa Plaza Activation Project (project) exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction. Project Overview Mariposa Plaza is currently the most active public space in downtown City of Fresno (City). Multiple events are staged throughout the year attracting large crowds. Its location at the corner of Mariposa Street and Fulton Street positions it on axis with the governmental heart of the City and the County, as well as immediate proximity to the planned California High Speed Rail station. The project includes renovating the existing plaza located in Downtown Fresno. Planned renovations include tree planting, landscaping, lighting, and installation of permeable paving, stage and shade structure, and associated utilities. The project site is comprised of the existing Mariposa Plaza located at the corner of Mariposa Street and Fulton Street in downtown Fresno (see aerial photo below). The project site is located in a dense urban area, with two-story buildings adjacent to the area, and is bounded by Mariposa Street and Fulton Street, other commercial buildings, and a concrete paved alleyway (Congo Alley) and parkin g area. 2 Project Description The proposed project refreshes a significant downtown plaza and enhances its connection to the future High Speed Rail station. Renovations would include tree planting, landscaping, installation of permeable paving, and a rainwater capture pavilion. It would maintain its historic use as a place for public speaking and community events. The project adds to these functions by improving the infrastructure for those events and rearranging the relationship between the historic stage and the open audience area. Other improvements , such as the addition of public artwork and canopies for shade, convey the cultural significance of the area while keeping the plaza flexible for a wide range of public events. The City Department of Public Works w ould provide long-term operations and maintenance of the improvements. Project Components Stages and Shade Structures The project includes the construction of two elevated stages, a small stage at the northwest corner and a main stage at the southwest corner of the plaza along Congo Alley, to replace the existing stage located in the center. In addition, shade structures would be constructed along the Mariposa Street frontage. The shade structure would include fabric shade sails. Lighting The project would install new lighting to replace the existing light poles. Lighting would be installed as part of the shade structures. In addition, strip lighting for the main stage along with 4 light poles would be also installed. Lighting would be designed in accordance with Title 24 standards to include the use of LED lights. The replacement lighting would not introduce a substantial amount of new light. Stormwater and Landscaping Stormwater infiltration systems would be integrated through the use of two new planters, one located behind the main sta ge along the Congo Alley frontage and the second located at the east side of the plaza at the frontage of 149 Fulton Street. The landscape planters would include native plants that are responsive to the local climate and limited water resources. The landscape plan would include a water-efficient drip irrigation system and low to moderate water use plants. The project would also include the installation of permeable pavers throughout the plaza to allow stormwater to permeate and slow surface runoff . Utilities A new 1-inch water line would be installed for the proposed drinking fountain, irrigation, and mister system. The line would connect to existing adjacent water lines. Construction Construction is anticipated to begin Summer 2023 and estimated to last 90 working days. Construction would involve the demolition of existing facilities, including the reinforced concrete site walls, stage, posts and foundations, concrete electrical vault, lighting and pull boxes, and storm drain inlet. Demolition would also include the removal of existing trees, supporting stakes, and associated irrigation. The plaza’s existing benches, screens, plaques, and artwork would be salvaged during construction for reinstallation in the plaza post-construction. Construction of the plaza improvements would occur over two phases to maintain public access for pedestrians, including wheelchair access, at all times. 3 Additional Considerations Cultural Resources According to the Historic and Cultural Resources Element of the City’s General Plan (2014) and the City’s Local Registrar of Historic Resources (2023), there are no known cultural resources within the project area, and it is not anticipated that cultural resources would be impacted through project construction based on the highly disturbed nature of the project area. In the case of any unexpected cultural or human remains that are identified by ground- disturbing activities while implementing the project, all work would be stopped immediately in accordance with CEQA Guidelines Section 15064.5, and the appropriate City department would be notified to determine appropriate next steps. Water Quality and Erosion Control Construction best management practices (BMPs) would be used to reduce or eliminate the discharge of sediment and other pollutants in stormwater and non-stormwater runoff from the project site. Based on the 100% project design plans, the following construction BMPs shall be implemented by the City’s construction contractor: • Storm drain inlets and adjacent waterways shall be protected at all times from any discharge of sediment, construction debris, or waste. • Sediment control measures shall be installed (e.g., silt fences and fiber rolls) to prevent silt runoff to public roadways or the stormwater drainage system. • As necessary, street sweeping shall occur to remove all visible mud or dirt-track-out onto adjacent public roads. • The contractor shall make provisions for dust and erosion control 24 hours a day, 7 days a week until project completion. • The project site shall be maintained in a clean, orderly condition free of debris and litter; shall not be unreasonably encumbered with any materials or equipment; and shall be cleaned at the end of each working day. • All construction vehicles and equipment used onsite shall be well maintained and checked daily for fuel, oil and hydraulic fluid leaks or other problems that could result in spills of toxic materials. A spill prevention plan with appropriate spill control and clean-up materials (e.g., oil absorbent pads) shall be retained on site in case spills or discharges occur. • The contractor shall install stabilized construction exits at the project site. • The contractor shall conduct site inspections before and during extended storm events 3 consecutive days of greater than 0.5 inches of rainfall and after each storm event to confirm effectiveness of BMPS. • The contractor shall identify areas that may contribute to erosion and sediment problems or any other pollutant discharges. If additional control measures are needed, the contractor shall implement them immediately. Geotechnical Considerations A geotechnical investigation was prepared by BSK Associates (2023) for the project and concluded the soil conditions would not preclude the construction of the proposed improvements. The geotechnical investigation includes a series of recommendations associated with seismic design criteria, soil corrosivity, site preparation, shallow, mat, and pole-type foundations, lateral earth pressures and frictional resistance, excavation stability, trench backfill and compaction, and drainage that would be incorporated into the design and construction of the project. Noise Control The contractor shall comply with the City of Fresno Municipal Code, Chapter 8.40, Noise Control. The Noise Ordinance limits the hours of construction activities to between 6:00 a.m. and 9:00 p.m., Monday through Friday, and between 7:00 a.m. and 5:00 p.m. on Saturdays, Sundays, and holidays. 4 Traffic Control To minimize construction-related effects on local traffic, the contractor shall implement traffic control measures throughout project implementation that include: • Retaining accessibility of the roadways throughout the Project area throughout project implementation to the greatest extent feasible; • Installing work barricades, signs, lights and flashers, as necessary, to direct vehicular and pedestrian traffic; • Providing parking for the construction crew on-site or along adjacent roadways; and, • Coordinating with local safety personnel to maintain effective emergency service access throughout the duration of the Project. • Prior to the start of construction activities, signage would be installed that includes the dates for construction and contact information for the City of Fresno to answer project specific questions for the public. Qualifications for a Categorical Exemption The CEQA Guidelines Section 15300 includes a list of classes of projects that have been determined not to have a significant effect on the environment and thus are exempt from the provisions of CEQA, if the specified exceptions to using the exemption do not apply. Implementation of the Project, as described above, falls within Class 2, Replacement or Reconstruction. Per CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction: Class 2 consists of “the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced”. The type of “existing structures and facilities” itemized below is the key consideration that the improvement project falls under, and includes: (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. The project includes the reconstruction of the existing Mariposa Plaza. The project would not increase the footprint of the plaza or the physical capacity. There are no proposed changes to the uses allowed or how the plaza is being used. Exceptions to Using a Categorical Exemption CEQA Guidelines Section 15300.2, Exceptions, identifies the following exceptions to using a Categorical Exemption. Based on an examination of the project and supporting information, the project would not result in any impacts to the environment that would cause an exception to applying the Class 2, Replacement or Reconstruction , Categorical Exemption, to the project, as described below. (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Exception (a) does not apply because the project falls within the Class 2, Replacement or Reconstruction, exemption. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. 5 Exception (b) does not apply. The City does has no plans to reconstruct the plaza again, or construct other projects or introduce other land uses at this site in the future. Therefore, the project would not make a cumulatively considerable contribution to a significant cumulative impact. (c) Significance Effects. A categorical exemption shall not be used for any activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. Exception (c) does not apply. There is not a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances. Project impacts would be typical construction-related effects (e.g., dust, traffic, noise) and would be temporary in nature. As described above, the project would include implementation of BMPs to avoid and minimize environmental impacts throughout construction activities. These include measures related to fugitive dust control, erosion and sedimentation, and protecting water quality. Once constructed, the project would not result in significant impacts from operation. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources within a highway officially designated as a state scenic highway. Exception (d) does not apply. The project site is not located within, along, or near any Officially Designated State Scenic Highway or local roadway of importance (Caltrans 2023). Therefore, implementation of the project would not affect any scenic highways or damage any scenic resources. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Exception (e) does not apply. The EnvirStor and GeoTracker databases were checked on February 23, 2023, and there are no hazardous waste sites located within 1,000 feet of the project site. In addition, the project site is not on any list compiled pursuant to Government Code Section 65962.5 (Cortese List (Geotracker and Envirostor 2023)). (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Exception (f) does not apply. The project area does not include any historic resources (Historic Fresno 2023). Further, project implementation would be entirely within the existing Mariposa Plaza that are already disturbed in nature and would not affect any structures (ArcGIS 2023). Therefore, the project would not cause substantial adverse changes in the significance of a historical resource. The project constitutes a single and complete project. For the reasons stated previously, th e project is categorically exempt from CEQA by Class 2, Replacement or Reconstruction. 6 References ArcGIS Web AppBuilder. 2023. Historic Resources Map Search. Accessed February 23, 2023. BSK Associates. 2023. Geotechnical Engineering Investigation Report Mariposa Plaza Improvements Project. January 27, 2023. California Department of Transportation. 2023. California State Scenic Highway System Map. Accessed February 23, 2023. Accessed at https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa City of Fresno. 2014. Fresno General Plan, Historic and Cultural Resources Element. Accessed February 23, 2023. Accessed at https://www.fresno.gov/darm/general-plan -development-code/ Department of Toxic Substance Control (DTSC). 2023. Envirostor Database Search, 1049 Fulton Street, Fresno California. Accessed February 23, 2023. Historic Fresno. 2023. Local Register or Historic Resources. Accessed February 23, 2023. Accessed at http://historicfresno.org/lrhr/index.htm Provost & Pritchard. Fresno Mariposa 100% Plans. January 18, 2022. State Water Resources Control board. 2023. Geotracker Database Search. Accessed February 23, 2023. Attachment 1, GeoTracker and Envirostor Database Search This page intentionally left blank. Map data ©2023 Google 100 m Report a map error GeoTracker  Home  Contact UsSearch for a Project Search for an Address  Download Data  Tools LEGEND - CHOOSE MORE SITES  LUST Cleanup Sites - REMOVE  Cleanup Program Sites - REMOVE  Military Cleanup Sites - REMOVE  Military Privatized Sites - REMOVE  Military UST Sites - REMOVE Signies a Closed Site ACTIVE MAP COVERAGES: • Military Bases -     - REMOVE Sites Shown on Map: 98 Total Sites  8 Open Sites  90 Closed Sites  0 Sites w/Water Quality Data  LIST SITES VISIBLE ON MAP Map data ©2023 Google 200 m Report a map error ENVIROSTOR S i t e s a n d F a c i l i t i e s C l e a n u p S i t e s Federal Superfund State Response Voluntary Cleanup School Cleanup Evaluation School Investigation Military Evaluation Tiered Permit Corrective Action Field Points STATUS All Statuses P e r m i t t e d S i t e s Operating Post-Closure Non-Operating O t h e r S i t e s G I S L a y e r s To o l s SITES FOUND IN SEARCH RADIUS 7 SITES LISTED EXPORT THIS LIST TO EXCEL PROJECT NAME STATUS PROJECT TYPE ADDRESS CITY EMMANUEL LUTHERAN CHURCH SCHOOL NO ACTION REQUIRED SCHOOL INVESTIGATION EAST FORADOR AVENUE/NORTH MARIPOSA STREET FRESNO FORMER FRESNO 2 MANUFACTURED GAS PLANT SITE ACTIVE VOLUNTARY CLEANUP MARIPOSA STREET BETWEEN F AND G STREETS FRESNO MORRIS P. KIRK & SON (NATIONAL LEAD)NO ACTION REQUIRED EVALUATION 736-742 FULTON ST.FRESNO PG&E G STREET SUBSTATION CERTIFIED VOLUNTARY CLEANUP 1131 G STREET FRESNO PG&E MANUFACTURED GAS PLANT SQ-FK-FRS-2 INACTIVE - NEEDS EVALUATION EVALUATION BLOCK OF F, G, FRESNO AND TULARE STREETS FRESNO UNIVAR SOLUTIONS USA INC PROTECTIVE FILER NON-OPERATING 1152 G ST FRESNO UNIVAR USA INC.NO ACTION REQUIRED CORRECTIVE ACTION 1152 G ST FRESNO 1049 Fulton Street, Fresno, California, USA Map Address Attachment 2, Historical Resources Map This page intentionally left blank. 300ft300ft300ft300ft300ft + – Historic Preservation with ArcGIS Web AppBuilder Layer List Layers  Street Labels Addresses Historic Resources Historic Resources Polygon Historic Districts Designated Proposed City Council Districts 1049 fulton street fresno ca Legend Historic Resources Historic Resources Polygon Historic Districts Designated Proposed This page intentionally left blank. Evaluation Form Rev. 07-2022 FISCAL IMPACT STATEMENT PROGRAM: Mariposa Plaza Renovation 209900180 Invitation No. 12302138 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $2,691,094 Indirect Cost $1,347,406 TOTAL COST $4,018,500 Additional Revenue or Savings Generated Net City Cost $4,018,500 Amount Budgeted (If none budgeted, identify source) $3,410,000 Indirect cost consists of the following: Preliminary Engineering $ 488,600 Construction Utilities $ 364,700 Construction Engineering $ 205,000 Contingency $ 269,106 Total $1,347,406 The Mariposa Plaza Renovation is grant funded by Transformative Climate Communities (TCC) grant. A small local contribution from the General Fund is fully funding the project. DPW-S Formal Bid Contract – Public Work Improvement (11-2022) A230309 DPWTCCPLADivIrev02.23 1.20 rev. 02.23 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents, or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: DPW-S Formal Bid Contract – Public Work Improvement (11-2022) A230309 DPWTCCPLADivIrev02.23 1.21 rev. 02.23 I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: TODD STERMER, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document DPW-S Formal Bid Contract – Public Work Improvement (11- 2022) has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDak ota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague MARIPOSA PLAZA N 0 1.5 30.75 Miles DEPARTMENT OFPUBLIC WORKS VICINITY MAP Project ID:PW00846Council District:3 MARIPOSA PLAZA City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1165 Agenda Date:8/10/2023 Agenda #:1.-P. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department RANDALL W. MORRISON, PE, Director Capital Projects Department BY:SCOTT P. SEHM, PE, Assistant Director Capital Projects Department, Design Services Division SUBJECT Actions pertaining to the Fresno Street and Browning Avenue Intersection Improvements Project - Bid File 12301325 (Council District 4) 1. Adopt a finding of Categorical Exemption per staff’s determination pursuant to Section 15301/Class 1, 15302/Class 2, and 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract in the amount of $816,000 to St. Francis Electric, LLC., of San Leandro, California RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities), 15302/Class 2 (Replacement or Reconstruction), and 15304/Class 4 (Minor Alterations) of the CEQA guidelines, award a construction contract with St. Francis Electric, LLC, of San Leandro, California in the amount of $816,000 as the lowest responsive and responsible bidder, and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY The proposed Fresno Street and Browning Avenue Traffic Signal Improvement Project will enhance safety for the motorists, cyclists, and pedestrians who travel through this intersection every day by signalizing the existing intersection, as well as correcting accessibility deficiencies. The scope of work includes the construction of a new traffic signal system that will provide a protected crossing for pedestrians, reconstruct existing ramps to make them ADA-compliant, and install green paint to highlight the bicycle conflict zones. Right-of-way was acquired by city staff for relocation of existing utilities adjacent to the area of construction. The project is funded by a federal Active Transportation Program grant and local SB1 Road Maintenance and Rehabilitation Account (RMRA) funds. City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/MK 7-0 APPROVED ON CONSENT File #:ID 23-1165 Agenda Date:8/10/2023 Agenda #:1.-P. BACKGROUND The Fresno Street and Browning Avenue Traffic Signal Improvement Project was originally advertised in February of this year and two bids were received and opened.However,both bidders were determined to be nonresponsive,and the bids were rejected at the May 11,2023,Council hearing.As directed by Council, Public Works and Purchasing staff worked promptly to readvertise the project. This Active Transportation Program grant-funded project was first proposed in order to improve safety for pedestrians including the students,parents,and staff from Robinson Elementary School,as well as residents of the apartments fronting Fresno Street who cross at Browning Avenue,using the existing unsignalized painted crosswalk.The intersection had previously met traffic signal warrants for pedestrians based upon the proximity of the elementary school.The design phase of the project was initiated in the spring of 2020,shortly after the California Transportation Commission (CTC) authorized the funding for the project.The preliminary engineering design and right-of-way acquisition took approximately three years and was completed by City of Fresno staff. The scope of the project at Fresno Street and Browning Avenue includes the installation of the traffic signal to control vehicular and pedestrian movements,upgrading of pedestrian facilities to meet current accessibility requirements,placement of green paint at bikeways conflict areas for greater visibility,installation of high-visibility crosswalk markings and improved street lighting.These improvements will create a positive impact for all roadway users by improving the overall safety of this intersection. A Notice Inviting Bids was published in the Fresno Business Journal on June 5,2023,posted on the City’s website,and distributed to six (6)building exchange.The specifications were distributed to 20 prospective bidders.Three (3)bid proposals were received and opened in a public bid opening on July 11,2023,with bids amounts ranging from $816,000 to $913,440.St.Francis Electric,LLC., submitted the apparent low bid in the amount $816,000 and was determined to be the lowest responsive and responsible bidder for the project.Local Preference was not applied due to the stipulations of the project’s funding.The bids will expire on September 13,2023;if the bids are rejected or expire, the project must be rebid, which will result in a delay of approximately 90 days. The Project Labor Agreement (PLA),adopted by Council in September 2021,does not apply to this project because the engineer’s estimate for this project was less than $1 million,pursuant to the terms of the PLA. The City Attorney’s Office has reviewed and approved the standard construction contract as to form. Staff recommends Council award a construction contract with St.Francis Electric,LLC.,in the amount of $816,000,for the Fresno Street and Browning Avenue Intersection Improvements Project as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines,Section 15301/Class 1 (Existing Facilities),which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use,Section 15302/Class 2 (Replacement orCity of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1165 Agenda Date:8/10/2023 Agenda #:1.-P. negligible or no expansion of an existing use,Section 15302/Class 2 (Replacement or Reconstruction),which exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced,and Section15304/Class 4 (Minor Alterations),for projects involving minor alterations to land,consist of minor public or private alterations in the condition of land,water,and/or vegetation which do not involve removal of healthy,mature,scenic trees except for forestry or agricultural purposes.These exemptions apply because this project involves partial reconstruction of a traffic signal,reconstruction of sidewalks and accessible ramps that does not involve the expansion of the roadway.Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. LOCAL PREFERENCE Local Preference is not applicable due to the project being Federally funded. FISCAL IMPACT The Fresno Street and Browning Avenue Traffic Signal project is located within Council District 4.The overall cost of the project is $1,245,540 and is grant funded by a federal Active Transportation Program (ATP)grant with SB1 Road Maintenance and Rehabilitation Account (RMRA)funds being utilized for the required local match.Of the overall budget of the project,$816,000 will be used for the construction contract award. The project will have no impact to the General Fund. Attachment(s): Vicinity Map CEQA Environmental Assessment Bid Evaluation Fiscal Impact Statement Standardized Contract City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Fresno and BrowningTraffic Signal N 0 1.5 30.75 Miles Project ID: PW00908Council District: 4 Fresno and Browning Traffic SignalVICINITY MAP DEPARTMENT OFPUBLIC WORKS District 4 City Limits CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. PW00908 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: City of Fresno Department of Public Works 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: Intersection of Fresno Street and Browning Avenue within the jurisdiction of the City of Fresno. PROJECT DESCRIPTION: The City of Fresno Department of Public Works proposes making improvements to the intersection of Fresno Street and Browning Avenue. The project will provide a new traffic signal, curb, gutter, the replacement and addition of accessible ramps at three location within the intersection, and sidewalk and driveway reconstruction on the westerly side of Fresno Street. The proposed construction will require minor acquisitions of rights-of-way at 5607 N Fresno Street, 41805025, 5665 N Fresno Street, 41805060, and 5515 N Fresno Street, 41845030, on the west side of Fresno Street and 5550 N Fresno Street, 41802107, on the east side of Fresno Street all in an effort to reconstruct the sidewalk. This project is exempt under Section(s) 15301/Class 1, 15302/Class 2, and 15304/Class 4 of the State of California CEQA Guidelines. EXPLANATION: Class 1 exemptions, for projects pertaining to Existing Facilities, consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Examples include but are not limited to: Existing facilities of publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety); Rehabilitation of existing facilities to meet current standards of public health and safety; and, the Addition of safety or health protection devices for use in conjunction with existing facilities, including navigational devices. Class 2 exemptions, for projects involving Replacement or Reconstruction, consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Examples include but are not limited to: Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity; and, Conversion of overhead electric utility distribution systems to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. Class 4 exemptions, for projects involving Minor Alterations to Land, consist of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples include but are not limited to: Grading of land with a slope of less than 10 percent; Filling of earth into previously excavated land with compatible materials; Minor trenching and backfilling where the surface is restored; and, The creation of bicycle lanes on existing rights-of-way. The proposed project involves minor alteration to the rights-of-way with intersection improvements to improve public safety (vehicles and pedestrians) at the intersection of Fresno Street and Browning Avenue. No vegetation will be removed. The proposed project complies with all conditions described in 15301/Class 1, 15302/Class 2, and 15304/Class 4 of the California CEQA Guidelines. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines section 15300.2, apply to this project. No adverse environmental impacts will occur as a result of the proposed project. Date: March 17, 2023 Prepared By: Steve Delsid, Supervising Professional Engineer Submitted By: ______ Steve Delsid, Supervising Professional Engineer City of Fresno Department of Public Works (559) 621-8725 07/20/2023 Evaluation Form With DBE Goal Rev. 07-2022 FISCAL IMPACT STATEMENT PROGRAM: Fresno and Browning Traffic Signal PW00908 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $ 816,000 Indirect Cost $ 429,540 TOTAL COST $1,245,540 Additional Revenue or Savings Generated $0 Net City Cost $1,245,540 Amount Budgeted (If none budgeted, identify source) $ 944,000 Indirect cost consists of the following: Preliminary Engineering $155,900 Right of Way $ 28,200 Construction Utilities $ 7,640 Construction Materials $ 60,000 Construction Engineering $ 96,200 Contingency $ 81,600 Total $429,540 The Fresno and Browning Traffic Signal Project is grant funded by an Active Transportation Program (ATP) grant. Required local match is funded by SB1 Road Maintenance and Rehabilitation Account (RMRA) funds. A230647 2023-03 DPWPLADivI 1.31 rev. 04-23 SAMPLE CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT (Contract) is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. The Contractor agrees to accept electronic payment from City. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees, litigation expenses, and cost to enforce), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents, or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: A230647 2023-03 DPWPLADivI 1.32 rev. 04-23 I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. 7. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [Signatures follow on the next page.] A230647 2023-03 DPWPLADivI 1.34 rev. 04-23 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273 – Revised July 5, 2022 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1164 Agenda Date:8/10/2023 Agenda #: 1.-Q. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:WILLIAM C. HERR, Assistant Director Public Works Department, Construction Management Division SUBJECT ***BILL B-25 - (Intro’d July 20, 2023) (For adoption) - Amending Section 4-117 to the Fresno Municipal Code relating to National Targeted Hiring in contracts for any Public Work of Improvement not covered by a Project Labor Agreement and increasing median income levels for National Economically Disadvantaged Area (Subject to Mayor’s Veto) RECOMMENDATION It is recommended that the Council amend Section 4-117 to the Fresno Municipal Code (FMC) relating to National Target Hiring in Contracts for any Public Work of Improvement not covered by a Project Labor Agreement EXECUTIVE SUMMARY On April 21, 2016, the Council adopted National Targeted Hiring (NTH) requirements into Section 4- 117 of the Fresno Municipal Code. Recognizing that the City of Fresno awards numerous contracts to private firms to construct Public Works of Improvement, these changes to the FMC sought to advance the interests of the City by encouraging employment and training opportunities to create a trained workforce for safe construction of any Public Work of Improvement to mitigate the harms caused by geographically concentrated poverty, unemployment and underemployment in economically disadvantaged areas throughout the United States, including in the City of Fresno. By using provisions of this FMC section, it allowed the City to use local, state, and federal funds to promote hiring of workers in economically disadvantaged areas across the nation. On September 29, 2021, the City entered into a Community Workforce Agreement with the Fresno, Madera, Kings and Tulare Counties Building and Construction Trades Council, also known as a Project Labor Agreement (PLA). The PLA covers work with an Engineer’s Estimate for construction costs in excess of $1,000,000. The National Targeted Hiring ordinance is still in effect for Public Works of Improvement under $1,000,000, but the 2016 ordinance adopted by the Council did not include a cost-of-living adjustment for the $35,000 average median income threshold listed in the NTH ordinance. This has resulted in NTH compliance becoming infeasible as income levels have risen over the past seven years. Staff is therefore returning to Council with a recommendation to City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/MK 7-0 B-25 ORD 2023-025 APPROVED ON CONSENT File #:ID 23-1164 Agenda Date:8/10/2023 Agenda #: 1.-Q. risen over the past seven years.Staff is therefore returning to Council with a recommendation to introduce an amendment to the ordinance to redefine a National Economically Disadvantaged Area with the average median income level under $55,000 rather than $35,000,and for the threshold to be adjusted each year on July 2nd to the nearest $1,000,increasing with the Consumer Price Index (CPI). This will allow for the NTH ordinance to be effective and to achieve the desired goal. BACKGROUND As noted in the April 21, 2016, report to Council, areas throughout the United States have experienced both historically high rates of unemployment and underemployment, including the City of Fresno which has been experiencing substantially higher rates of unemployment than other areas of the United States. The City of Fresno continues to face poverty in southern and central Fresno neighborhoods as generational concentrations of poverty continue to hurt our local economy. The City desires to increase the number of pathways to technical education training programs in areas across the United States. More recently in September 2021, the City entered into the Community Workforce Agreement with the Building Trades Council in an effort to build upon those pathways to careers as journey-level, skilled construction tradespeople. The April 2016 Council action amended the FMC to require the City of Fresno to incorporate NTH provisions on all Contracts for any Public Work of Improvement in excess of $200,000, adjusted annually on the first of July to the nearest $1,000 in response to changes in the National Consumer Price Index. These provisions obligate Contractors to follow targeted hiring procedures, including an obligation to make reasonable good faith efforts, as defined in the implementing Administrative Order, to meet specific hiring requirements for Nationally Targeted Workers, as defined in subsection (c). “National Economically Disadvantaged Area” is currently defined by the following: A zip code outside of the City of Fresno that includes a census tract, or portion thereof, in which the median annual household income is less than $35,000 per year, as measured and reported by the U.S. Census Bureau in the most recent U.S. Census; or A zip code, or any portion of, which falls inside the City of Fresno, the average median income of which census tracts is less than $35,000 per year, as measured and reported by the U.S. Census Bureau in the most recent U.S. Census. Staff is recommending that the Council amend this provision of the NTH ordinance to update the threshold from $35,000 per year up to $55,000 per year, to bring this current for 2023, and to have this threshold automatically increase on July 2nd of each year by the Consumer Price Index (CPI) adjustment, rounded to the nearest $1,000. All other provisions of the NTH ordinance as previously adopted by the Council will remain in effect. The mandatory participation level for National Targeted Workers is currently 40% of the total construction project worker hours. For projects covered by the Community Workforce Agreement (Project Labor Agreement), the NTH City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1164 Agenda Date:8/10/2023 Agenda #: 1.-Q. Ordinance provisions do not apply. ENVIRONMENTAL FINDINGS This is not a project for CEQA purposes. LOCAL PREFERENCE This proposed FMC ordinance amendment does not provide a direct local preference as defined by our current FMC. FISCAL IMPACT There will be no impact to the General Fund from the recommended action. Full costs for each capital improvement project, including compliance with the NTH ordinance during the construction phase, are included in the adopted budget for the City of Fresno. Attachment(s): Ordinance City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1159 Agenda Date:8/10/2023 Agenda #: 1.-R. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic & Engineering Services Division JAIRO MATA, Chief Engineering Technician Public Works Department, Traffic & Engineering Services Division SUBJECT RESOLUTION - Approving the Final Map of Tract No. 6350, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on North Parc West Drive west of North Grantland Avenue (Council District 1) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6350 and accepting the dedicated public uses offered therein, to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY The Subdivider, Granville Homes, have filed for approval, the Final Map of Tract No. 6350, for a 73- lot single-family residential subdivision near the southwest corner of North Parc West Drive and North Grantland Avenue on 17.17 acres. BACKGROUND The Fresno City Planning Commission on December 1, 2021, approved Vesting Tentative Map No. 6350 (Tentative Map) for a 73-lot single-family residential subdivision on 17.17 acres (See attached map). The Tentative Map was approved consistent with the Fresno General Plan to comply with the provisions of the Subdivision Map Act. Tract No. 6350 is the first and last phase. The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/MK 7-0 R. 2023-226 APPROVED ON CONSENT File #:ID 23-1159 Agenda Date:8/10/2023 Agenda #: 1.-R. approved by the City Council. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No.6276,submitted securities in the total amount of $2,078,000 to guarantee the completion and acceptance of the public improvements and $1,039,000 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $317,312.75.Covenants have been executed to defer eligible development impact fees totaling $1,552,590.38 to the time of final occupancy of each unit,for annual CFD-11 assessment notification,acknowledging right-to-farm law,and for special solid waste services for certain lots.The City Attorney’s Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the concrete curbs and gutters,valley gutters,sidewalks and curb ramps,and street lighting associated with the Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City’s CFD-11 on May 25, 2023. The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the Subdivision Agreement,is required to provide every prospective purchaser of each lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5 of the California Government Code.The maximum annual assessment is $821.52 per lot with an annual 2%adjustment or by the rise of the Construction Cost Index (CCI),if it exceeds 2%for the San Francisco Region. The Subdivider has satisfied the public safety requirement by annexing the subdivision into the City’s CFD-18 on April 20,2023.The maximum annual assessment is $164.00 per lot with an annual 2% adjustment or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 1.There will be no impact to the City’s General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1159 Agenda Date:8/10/2023 Agenda #: 1.-R. Attachment(s): Resolution Final Map of Tract No. 6350 City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN TRAFFIC OPERATIONS AND PLANNING DIVISION FINAL TRACT MAP NO. 6350 DISTRICT 1 ANNEXATION NO. 142 COMMUNITY FACILITIES DISTRICT NO. 11 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1156 Agenda Date:8/10/2023 Agenda #: 1.-S. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic & Engineering Services Division JAIRO MATA, Chief Engineering Technician Public Works Department, Traffic & Engineering Services Division SUBJECT RESOLUTION - Approving the Final Map of Tract No. 6276, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northwest corner of North Parc West Drive and North Grantland Avenue (Council District 1) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6276 and accepting the dedicated public uses offered therein, to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY The Subdivider, Lennar Homes of California, have filed for approval, the Final Map of Tract No. 6276, for an 83-lot single-family residential subdivision near the northwest corner of North Parc West Drive and North Grantland Avenue on 14.35 acres. BACKGROUND The Fresno City Planning Commission on December 2, 2020, approved Vesting Tentative Map No. 6276 (Tentative Map) for an 83-lot single-family residential subdivision on 14.35 acres (See attached map). The Tentative Map was approved consistent with the Fresno General Plan to comply with the provisions of the Subdivision Map Act. Tract No. 6276 is the first and last phase. The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 AP/MK 7-0 R. 2023-227 File #:ID 23-1156 Agenda Date:8/10/2023 Agenda #: 1.-S. approved by the City Council. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No.6276,submitted securities in the total amount of $2,463,000 to guarantee the completion and acceptance of the public improvements and $1,231,500 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $419,271.00.Covenants have been executed to defer eligible development impact fees totaling $1,839,660.88 to the time of final occupancy of each unit,for annual CFD-11 assessment notification,acknowledging right-to-farm law,and for special solid waste services for certain lots.The City Attorney’s Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the concrete curbs and gutters,valley gutters,sidewalks and curb ramps,and street lighting associated with the Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City’s CFD-11 on June 29, 2023. The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the Subdivision Agreement,is required to provide every prospective purchaser of each lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5 of the California Government Code.The maximum annual assessment is $1,183.73 per lot with an annual 2% adjustment or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. The Subdivider has satisfied the public safety requirement by annexing the subdivision into the City’s CFD-18 on April 20,2023.The maximum annual assessment is $164.00 per lot with an annual 2% adjustment or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 1.There will be no impact to the City’s General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1156 Agenda Date:8/10/2023 Agenda #: 1.-S. Attachment(s): Resolution Final Map of Tract No. 6276 Location Map City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN TRAFFIC OPERATIONS AND PLANNING DIVISION FINAL TRACT MAP NO. 6276 DISTRICT 1 ANNEXATION NO. 144 COMMUNITY FACILITIES DISTRICT NO. 11 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1214 Agenda Date:8/10/2023 Agenda #:1.-T. REPORT TO THE CITY COUNCIL FROM:SCOTT MOZIER, PE, Director Public Works Department BY:BRIAN E. RUSSELL, Assistant Director Public Works Department, Streets, Landscape, and Graffiti Divisions SUBJECT Approve Contract Change Order No. 1 to a requirements contract with ScrubCan, Inc. of Fresno, CA, for Business Corridor Litter Abatement Services in the amount of $245,856 for a one-year contract to include the Olive Avenue, Linden Avenue, Wishon Avenue, Fern Avenue and Van Ness Avenue business corridors in the Tower District, bringing the total contract value to $359,616 (Council District 1) RECOMMENDATION Staff recommends the Council approve Contract Change Order No. 1 to the current requirements contract with ScrubCan, Inc. of Fresno, CA, for Business Corridor Litter Abatement Services in the amount of $245,856 for a one-year contract to include the Olive Avenue, Linden Avenue, Wishon Avenue, Fern Avenue and Van Ness Avenue business corridors in the Tower District, bringing the total contract value to $359,616. EXECUTIVE SUMMARY On April 27, 2023, the Council awarded a requirements contract to ScrubCan, Inc., for the Business Corridor Litter Abatement Services Contract for Blackstone Avenue and Abby Street between Olive and Belmont Avenues, and on Belmont Avenue from Abby to First Street. This contract received funding through the Clean California beautification program. The Mayor’s proposed budget for FY2024 as adopted by the Council included a similar effort in the Tower District. In order to begin this critically needed service as quickly as possible, and given the similar nature of the work, staff recommends the Council approve a change order to the existing requirements contract in order to incorporate these additional streets for cleaning. Staff has successfully negotiated the additional scope of services to be performed with the vendor which can be accomplished within the available budget. BACKGROUND The adopted FY2024 included $248,000 for the new Tower District litter abatement and sidewalk pressure washing initiative. Attached is a vicinity map showing the limits of work to be performed City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 MA/MK 7-0 APPROVED ON CONSENT File #:ID 23-1214 Agenda Date:8/10/2023 Agenda #:1.-T. under the proposed contract change order, which will include Olive Avenue from Echo to just east of Van Ness, Linden from Olive to Fern, Fern from Linden to Maroa, and Van Ness from Olive to the Fern alignment, plus the Tower Theatre parking lot. The City Attorney’s Office has approved the proposed contract change order as to form. After approval by the Council, work should begin within 30 days. ENVIRONMENTAL FINDINGS This contact change order is not subject to environmental findings because this is for additional contracting authority to maintain existing City sidewalk infrastructure.The original contract was awarded with a categorical exemption by City Council on April 27, 2023. LOCAL PREFERENCE Local preference was not implemented because this is an existing contract. FISCAL IMPACT The contract change order will be fully funded by appropriations within the Public Works Department operating budget for FY2024 as previously approved by the Council. Attachment(s): Contract Change Order Vicinity Map City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ Tower District Litter Control and Pressure Washing Plan OLIVE FERN LINDENWISHONVAN NESSMAROA Tower District Litter Control and Pressure Washing Plan Updated 8.9.23 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1193 Agenda Date:8/10/2023 Agenda #: 1.-U. REPORT TO THE CITY COUNCIL FROM:PACO BALDERRAMA, Chief of Police Police Department BY:TOM ROWE, Captain Police Community Relations-SRO, Support Division SUBJECT Approve an agreement with the Fresno County Superintendent of Schools (FCSS) for the Fresno Police Department to provide a student resource officer (SRO) at the high school, Violet Heintz Educational Academy to perform regular law enforcement duties. RECOMMENDATION Staff recommends Council authorize and approve the attached agreement with the FCSS for the Fresno Police Department to provide a SRO at their high school, Violet Heintz Academy, and authorize the Chief of Police, or designee, to sign and execute all related documents on behalf of the City of Fresno. EXECUTIVE SUMMARY Council approval is being sought to authorize the City of Fresno Chief of Police, or designee, to execute a contract with FCSS allowing for the police department to obtain reimbursement for 1 officer and 1 sergeant assigned to district high school as SROs. The terms of the contract reimburse 95% of the officer’s and 15% of the sergeant’s wages. Assigned vehicles are reimbursed at 100%. The total amount to be reimbursed by the Superintendent of Schools would be $230,708. Upon approval of this agreement and when factoring in a recent contract with the Fresno Unified School District, this sergeant’s position would be 65% funded. It is our plan to have the remaining 35% of this position covered when our current contract with the Central Unified School District re- opens in July 2024. BACKGROUND This contract follows negotiations where, both FCSS and the City of Fresno have mutually agreed upon a contract that will allow for the creation of the current SRO program within the Violet Heintz Educational Academy. City of Fresno Printed on 8/4/2023Page 1 of 3 powered by Legistar™ 8/10/2023 REMOVED WITH NO RETURN DATE File #:ID 23-1193 Agenda Date:8/10/2023 Agenda #: 1.-U. Pre-pandemic,FCSS had a SRO assigned to the Violet Heintz Educational Academy.Due to school site closures during the pandemic,FCSS decided not to continue the contract.As students have returned to in-person instruction,FCOE wishes to reinstitute the SRO program at their school site. The primary functions of officer are two-fold:1)provide for student and staff security at the school site and 2)to build trust and partnerships with the students,staff and their families.The current plan is to place one officer at the school site. The contract represents the best interests of the City of Fresno along with the students and staff of high school being served. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378,this item is not a project for the purposes of CEQA. LOCAL PREFERENCE Local preference is not applicable because this is a contract that does not involve competitive bidding. FISCAL IMPACT There is no fiscal impact to the department as the Fresno County Superintendent of Schools will be reimbursing the department for personnel and vehicles assigned to the school site. Attachments: Agreement City of Fresno Printed on 8/4/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1193 Agenda Date:8/10/2023 Agenda #: 1.-U. City of Fresno Printed on 8/4/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1150 Agenda Date:8/10/2023 Agenda #: 1.-V. REPORT TO THE CITY COUNCIL FROM:GREGORY BARFIELD, Assistant City Manager and Interim Director Department of Transportation BY:CAROLINA ILIC, Assistant Director Department of Transportation SHELLE O’BRIEN, Project Manager Department of Transportation SUBJECT Approve the First Amendment to the professional consultant agreement with PCubed Associates for the FAX Maintenance Facility HVAC and Building Improvements project to provide additional design and engineering services in the amount of $99,300.00. RECOMMENDATION Staff recommends Council approve the First Amendment to the professional consultant agreement with PCubed Associates, in the amount of $99,300.00, to provide additional design and engineering services necessary to replace the existing compressed natural gas (CNG) emergency ventilation system exhaust fans, provide additional ducting for the new hydrogen (H2) emergency gas detection and ventilation system, add a fire pump, replace the existing 125 kW emergency generator with a 300kW generator, and authorize the Director of Transportation or designee to execute all related documents. EXECUTIVE SUMMARY The Department of Transportation/FAX (Department) is seeking this first amendment to the existing professional consulting agreement with PCubed Associates for additional design and engineering services necessary to support the FAX Maintenance Facility HVAC and Building Improvements project, at a cost of $99,300.00, for a total contract value of $632,900.00. The Project will provide improvements to the bus maintenance building roof, HVAC equipment, gas detection system and rollup doors. This first amendment provides for the additional engineering and design work necessary to upgrade the existing CNG exhaust fans with modern National Fire Protection Association (NFPA) compliant devices that are now explosion-proof, additional ventilation ducting necessary to complete the H2 emergency detection and ventilation system, as well as a new fire pump and upgraded emergency generator. City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 MA/MK 7-0 APPROVED ON CONSENT File #:ID 23-1150 Agenda Date:8/10/2023 Agenda #: 1.-V. BACKGROUND FAX entered into a consultant agreement with PCubed Associates on November 17,2022,to provide design and engineering services for the FAX Maintenance Facility HVAC and Building Improvements Project.The scope of the project includes improvements to the existing maintenance building facilities located at 2223 G Street.The scope of work includes replacement of the HVAC equipment, full replacement of the existing roof,an all-new H2 gas detection system to support the arrival of the fleet’s first zero-emission hydrogen fuel cell buses and upgraded insulated rollup doors.These improvements are all intended to make the facilities safer,more energy efficient,and meet the regulatory requirements of operating a zero-emission fleet which FAX is mandated to convert to by 2040. This first amendment is necessary for the project’s success because the existing CNG exhaust system does not utilize explosion-proof devices which are now required per the NFPA codes.It was also found that the existing fire sprinkler system is insufficient as well.In addition,a new fire pump and a larger capacity emergency generator are also needed to comply with NFPA codes.To leave the existing devices as-is would leave a tremendous point of vulnerability within FAX’s emergency life- safety systems.FAX continues to operate CNG fueled vehicles and will continue to do so up until the 2040 conversion to a fully zero-emission fleet.FAX is seeking to maintain the safety systems related to these vehicles according to the highest standards to ensure the health and safety of the Department’s staff. FAX is also seeking to decommission and remove equipment and systems that are either obsolete or beyond their useful life.One such system is the paint booth gantry within the Maintenance Building’s paint booth.This system is nonfunctional but has remained because it is part of the emergency exit system from the south end of the building’s roof.To simplify and improve the emergency exit system from the rooftop,allow for a more efficient H2 emergency ventilation ducting pathway,and leave FAX with the option to install a new functioning paint gantry in the future,changes to the existing scope must be made.The H2 ventilation ducting is being rerouted from the original 30%design so that it can be run through the paint booth area which will allow hydrogen fuel cell buses to be painted in this area without having to defuel first.This reroute will also allow for the use of external emergency exit equipment from the roof that is simpler and safer to operate for staff.The pathway of this ducting is being run with the intent to leave enough space for a future piece of painting equipment to be installed through a future project.The current gantry system was built in such a way that it occupies much of the air space in this room making it challenging to install and maintain fire suppression systems, HVAC ducting, or any other equipment in this space. The City Attorney has reviewed the amendment and approved it as to form. ENVIRONMENTAL FINDINGS This is not a “project” for the purpose of CEQA pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference was not considered as this is an amendment being sought for an existing contract. City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1150 Agenda Date:8/10/2023 Agenda #: 1.-V. FISCAL IMPACT This project has no fiscal impact to the General Fund.This amendment will be funded from State of California Prop 1B grants. Attachment: First Amendment to PCubed Associates Agreement Agreement with PCubed Associates City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ______ day of 2023, amends the Agreement heretofore entered into between the City of Fresno, a municipal corporation (City), and PCubed Associates, Inc., (Consultant). RECITALS WHEREAS, City and Consultant entered into an Agreement, dated November 17, 2022, for professional architectural and engineering consulting services for the FAX HVAC and Building Improvements Project (Agreement); and WHEREAS, the parties now seek to revise the original scope of work of the Agreement to include additional services related to the revised scope and design to upgrade the existing ventilation exhaust system for the CNG detection system and add new ventilation exhaust components and ducting for the required H2 detection system, the addition of a fire pump and upgrade to the existing emergency generator from 125kW to 300kW, and WHEREAS, Consultant desires to perform such additional services as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, the parties now agree that the Agreement be amended as follows: 1. Consultant shall provide additional services as described in Attachment A, attached hereto and incorporated herein by reference. The time to complete the services is outlined in Attachment A. 2. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total fee not to exceed $99,300.00. The revised Agreement total amount is $632,900. 3. In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the e xhibit or a ttachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment shall be null and void. 4. Except as otherwise provided herein, the Agreement remains in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: 24F23D85-6F5D-428C-B51E-6E15E9BC4BEE 2 IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Gregory A. Barfield, Interim Director Department of Transportation APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy PCubed Associates, Inc., a California corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: Addresses: CITY: City of Fresno Attention: Shelle O’Brien, Project Manager 2223 G Street Fresno, CA 93706-1675 Telephone: (559) 621-1420 CONSULTANT: PCubed Associates, Inc. Attention: Pawan Gupta, President/Principal 221 E Lexington Dr., #304 Los Angeles, CA 91206 Telephone: (818) 920-8001 Attachment: Attachment A: Additional Scope of Services DocuSign Envelope ID: 24F23D85-6F5D-428C-B51E-6E15E9BC4BEE President/Principal 8/1/2023 Pawan R. Gupta 8/1/2023 Prabha Gupta Secretary 8/2/2023 3 Attachment A Additional Scope of Services Consultant Service Forth Amendment to Agreement between City of Fresno (City) and PCubed Associates, Inc. (Consultant) FAX HVAC and Building Improvements Project Consultant shall perform each of the tasks described below. Scope of Work The below scope of work reflects the redesign needs of FAX as well as the proposal letters from PCubed Associates dated June 7, 2023 to provide: Revised Scopes of Work and Redesign of These Areas; o Redesign of plans for CNG and H2 gas detection system ventilation exhaust system per NFPA 2 o Revised electrical and electrical panel requirements o Fire pump and generator upgrades Compensation • Compensation for the completion of the scope of work associated with the additional scopes and plan revisions is not to exceed $99,300.00. Period of Performance Completion of the above scope of work is to coincide with existing deliverables and timeline for the design and execution of the project. After NTP, 95% Plan Design, 100% Plan Design, Construction Plan Check. Deliverables • 95% Construction Document Package (drawings and technical specification) for FAX to review and comments. All review comments should be issued as one consolidated document. This package will also be submitted to Authorities Having Jurisdiction (AHJ) for plan check and approval. • 100% Bid Package (drawings and technical specification). PCubed Associates will not proceed to 100% until all comments are received and addressed. • PCubed Associates will provide one probable construction cost estimate based on the 95% Construction Document Package • PCubed Associates will provide responses to contractor Requests for Information (RFI’s) during procurement and construction phases DocuSign Envelope ID: 24F23D85-6F5D-428C-B51E-6E15E9BC4BEE 4 • PCubed Associates will provide Record Drawings based on the contractor generated construction as-built document. DocuSign Envelope ID: 24F23D85-6F5D-428C-B51E-6E15E9BC4BEE FAX-B + 500K (06-06-2022) PB/prn -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES GREATER THAN $500,000 THIS AGREEMENT is made and entered into effective on _____________, 20___, by and between the CITY OF FRESNO, a California municipal corporation (the City), and PCubed Associates, Inc. (the Consultant). RECITALS WHEREAS, the City desires to obtain professional engineering services for the design of plans and general construction contract documents for replacement of HVAC systems, controls, roofing, building enclosure improvements and facility improvements to support hydrogen buses (the Project); and WHEREAS, the Consultant is engaged in the business of furnishing technical services as a consulting engineers and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, this Agreement sets forth the terms and conditions under which the Consultant shall provide professional services, to be paid with Fresno Area Express/ Transportation Department funds and reimbursed with pledged Federal Transportation Administration (FTA) funds as they are made available; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6- 19; and WHEREAS, this Agreement will be administered for the City by the Fresno Area Express/ Transportation Department Director (the Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform the services described herein and in Exhibit A to complete the Project more fully described in Exhibit A, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. The services of the Consultant shall consist of five parts as described below. A separate Notice to Proceed will be issued for each of the aforementioned parts. By entry into this Agreement and upon the City’s issuance of a written "Notice to Proceed," the City contracts for the services in Part One. The Consultant shall not perform any other Part of the Agreement, and this Agreement shall not be a contract for any other Part, until further performance is authorized by the City’s issuance of a written “Notice to Proceed.” It shall, however, remain the Consultant’s offer to perform all remaining parts described herein. In the event the Consultant performs services without the City’s prior written authorization, the Consultant will not be entitled to compensation for such services. 1RYHPEHU         FAX-B + 500K (06-06-2022) PB/prn -2- (a) Part One. Schematic Design Phase. (1) The Consultant shall review the description of the Project set forth in Exhibit A and consult with designated representatives of the City to ascertain the requirements of the Project. (2) The Consultant shall complete all design elements necessary to achieve full construction documents in accordance with the detailed minimum requirements set forth in Exhibit A. The full construction documents shall include sufficient detail for the design of the Project, to incorporate all project specific bid items and technical specifications into the construction bid template, and as necessary to obtain the acceptance of the City. The Consultant shall provide the City with an electronic file of the construction documents in the following format: .pdf. (3) The Consultant shall conduct studies and investigations as necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining all information and data from the respective responsible the City department/division that is available in the City’s records and is required by the Consultant in connection with the consulting services including, but not limited to, maps, surveys, reports, information, restrictions and easements. The Consultant shall notify the City if a topographic survey is required. (4) The Consultant shall provide a preliminary evaluation of the Project taking into consideration the City’s estimate of the cost of construction (Construction Budget) of $8,000,000, including alternative approaches to design and construction of the Project. (5) Based upon the mutually agreed upon Project requirements and any adjustments authorized by the City in the Construction Budget, the Consultant shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by the City staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components. (6) The Consultant shall submit a preliminary estimate of construction cost for review and acceptance by the City. As used herein, "construction cost" means the cost of construction under the general construction contract and does not include the Consultant’s compensation as herein provided. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives, the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget. (7) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval         FAX-B + 500K (06-06-2022) PB/prn -3- permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (8) CONSULTANT may not rely upon any as-builts provided by the City, but shall investigate the existing conditions and ascertain the adequacy of such as-builts for the Consultant’s design. CONSULTANT shall bring to the City’s attention any discrepancies in the as-builts that are discovered by CONSULTANT. The City makes no representations regarding any as-builts. (9) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within 40 calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within 10-20 calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (b)Part Two. Design Development Phase. After review and acceptance  of the schematic design phase and issuance of a written Notice to Proceed with this Part Two: (1) Based upon the accepted schematic design documents and the Construction Budget, including authorized revisions thereto, the Consultant shall prepare for review and acceptance by the City the design development documents consisting of drawings and other documents to fix and describe the size and character of the Project as necessary to show treatment of significant details. In addition, the Consultant shall provide outline specifications of the work as to kinds of materials, systems, and other such design elements as may be required. Such design development documents and specifications shall be subject to review and acceptance by the City. (2) The Consultant shall submit a revised estimate of construction cost for review and acceptance by the City. The revised estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisions thereto. (3) In the event that the revised estimate of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which was identified in Part One as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the revised estimate and the Consultant shall, at no additional cost to the City, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by the City. The City shall not increase the scope of the Project except by modification of this Agreement which shall include an agreed upon increase in the Consultant’s compensation.         FAX-B + 500K (06-06-2022) PB/prn -4- (4) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (5) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within 10 calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within 10 calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (c) Part Three. Construction Document Phase. After review and acceptance of the design development phase and issuance of a written Notice to Proceed with this Part Three: (1) The Consultant shall prepare from the accepted design development documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship, finishes and equipment, fixtures, and site work required. The Consultant shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical specifications of the general construction contract, and the bid proposal and general construction contract forms. Such documents shall be subject to the review and acceptance by the City. The Consultant shall cooperate with, assist and be responsive to the City’s Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. The City’s Standard Specifications must be used by the Consultant where possible. Final drawings shall be drawn, printed or reproduced by a process providing a permanent record in black on vellum, tracing cloth, polyester base film, or high quality bond copy. Bid, general conditions, contract and bond document forms or formats regularly used by the City shall be used by the Consultant unless the Director determines they would be impractical for this Project. The Consultant shall be responsible for assuring that the special conditions, technical specifications and any other documents prepared by the Consultant are consistent with any documents regularly used by the City that are used for this Project. (2) Upon request of the City, the Consultant shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (3) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City.         FAX-B + 500K (06-06-2022) PB/prn -5- (4) The Consultant shall provide the City with one (1) sets of completed plans and one (1) sets of completed specifications for review and final acceptance by the City. Should the plans and specifications as submitted by the Consultant not be accepted by the City, the Consultant shall revise the plans and specifications as needed to obtain final acceptance at no additional cost to the City. (5) After acceptance of final corrections, if any, the Consultant shall provide the City with one set of accepted reproducible tracings and bid documents for the Project. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: .pdf. (6) The Consultant shall submit a final estimate of construction cost for review and acceptance by the City. Such estimate shall be calculated as of the date all general construction contract documents are delivered to the City in final form ready for reproduction and advertising. Such estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract. (7) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the final revised estimate in Part 2 as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the final estimate. If the City elects to reject the final estimate, the Consultant shall at no additional cost to the City, make such design changes as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction cost previously accepted by the City. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within 15 calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within 15 calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (d) Part Four. Bidding Phase. After review and acceptance of the construction document phase, the City’s decision to proceed shall constitute a written Notice to Proceed with this Part Four: (1) The Consultant shall assist the City in obtaining bids. The Consultant shall not communicate with potential bidders regarding this Project without the express prior written authorization of the City’s Purchasing Manager.         FAX-B + 500K (06-06-2022) PB/prn -6- (2) The Consultant shall, within seven calendar days of any request by the City, expeditiously draft and promptly provide addendum as determined by the City to be reasonable or necessary for the bidding process. (3) If the lowest responsible bid received for the general construction contract exceeds by 10% or more the final estimate of construction cost previously accepted by the City, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, the Consultant shall, within 14 calendar days of any request by the City, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, at no additional cost to the City provided such bid is received within 180 calendar days after completion of services in Section 1(c) of this Agreement. The Consultant shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to the City for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to the Consultant from the Director, be repeated until an acceptable bid is received that does not exceed the accepted final estimate of construction cost by more than 10%. (e) Part Five. Construction Phase and General Construction Contract Administration. The construction phase will begin with the award of the general construction contract, which shall constitute a written Notice to Proceed with this Part Five, and will terminate when a Notice of Completion is filed. Upon award of a general construction contract for the Project and under the direction of the Director through the City’s designated Construction Manager for the Project: (1) The Consultant shall attend the pre-construction conference and, if called upon by the City, act on the City’s behalf in discussing the various aspects of the construction phase. (2) The Consultant shall review and recommend in writing to the City acceptance or non-acceptance of shop drawings, equipment and material submittals of the general construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by the City, The Consultant and the general construction contractor. (3) The Consultant shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep the City informed of the progress of the work. In the event that the Consultant’s visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, the Consultant shall immediately advise the City and document, in writing, the work the Consultant deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on the Consultant’s best knowledge, information and belief, the         FAX-B + 500K (06-06-2022) PB/prn -7- Consultant shall provide the City a general written assurance that the work covered by a payment application meets the standards in the general construction contract. As to technical aspects, the Consultant shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to the City’s right to overrule the Consultant. (4) Upon written request by the City, the Consultant shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work. (5) Upon written request by the City, the Consultant shall render written recommendations on change orders, claims, disputes or other questions arising out of the general construction contract, in a timely manner. Recommendations by the Consultant in favor of a change order that is consequently accepted by the City shall constitute approval by the Consultant who shall then approve the change order in writing. The Consultant shall not unreasonably withhold written approval in the event the City accepts a change order that the Consultant recommended to be rejected. In the event of any technical disputes, the Consultant shall provide the City with the Consultant’s written interpretation of the contract documents. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by the City, the Consultant and the general construction contractor. If the City, the Consultant and the respective general construction contractor are unable to mutually agree on such period for the Consultant review, then the City will make the determination and that determination will be final. (6) Upon written request by the City, the Consultant shall provide such design and specification services as may be requested by the City to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by the Consultant. (7) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in the Consultant’s compensation. (8) Upon written request of the City, the Consultant shall assist the City in the preparation of Progress Payment Estimates and other related construction reports. (9) The Consultant shall provide the City with two sets of original as-grade plans wet-stamped and signed by the Consultant’s Engineer of Record for the Project submitted for final approval by the City’s Building and Safety Services Division of the Development and Resource Management Department (10) The Consultant shall prepare Record Drawings by updating the accepted general construction documents in Part 3 to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided red-lined plans, (ii) those furnished by the City, (iii) the Consultant provided Request for Information responses, and (iv) any the Consultant bulletins, amendments or clarifications. The Consultant shall provide the City with one set of vellum Record Drawings for the Project within 10 calendar days from receipt of red-         FAX-B + 500K (06-06-2022) PB/prn -8- lined field markups unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within TBD calendar days from receipt of the City comments unless an extension of time is approved in writing by the Director. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of Record Drawings in the following format: .dwg. 2. The City’s responsibilities. The City will: (a) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (b) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release the Consultant from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to the City. (c) Prepare all change orders during construction in cooperation with the Consultant. (d) Prepare all Progress Payment Estimates in cooperation with the Consultant following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon the Consultant’s best knowledge, information and belief. (e) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (f) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (g) Give reasonably prompt consideration to all matters submitted by the Consultant for acceptance to the end that there will be no substantial delays in the Consultant’s program of work. For an acceptance, approval, authorization, a request or any direction to the Consultant to be binding upon the City under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be in writing, duly authorized by the City and signed on behalf of the City by the Director. 3. Compensation and Cost Reimbursement. (a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $533,600.00. Such fee includes all allowable expenses to be incurred by the Consultant in performance of this agreement on a cost reimbursable basis, except for those allowable costs eligible for reimbursement as set forth in subdivisions (e), (f) and (g) of this Section 3. (b) The Consultant shall render detailed invoices monthly, to be reimbursed in the normal course of City business once approved. Such invoices shall detail all allowable costs incurred and shall be for an amount no greater than that         FAX-B + 500K (06-06-2022) PB/prn -9- attributable to the Part upon which the Consultant is then engaged, as provided in Section 3(c) below. (c) For purposes of determining the division of the total compensation to the Consultant as provided in Section 3(a) above, or should performance of any succeeding Part not be authorized by the City as provided in Section 1 of this Agreement, it is agreed that the total compensation shall be allocated to the five parts of the Consultant’s performance as follows: Part One – 7%, Part Two – 11% Part Three – 49%, Part Four – 10% and Part Five – 23%. Prior to the award of a general construction contract for the Project, or should such contract not be awarded, the approved Parts as provided above shall be utilized for purposes of determining the fee due to the Consultant. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Subsequent to the date of completion of Part Three, changes due to Code revisions or enactments adopted after such date shall constitute additional work subject to this Section 3(d). (e) The Consultant’s indirect rates (costs eligible for reimbursement) are only allowable to the extent that they comply with the cost principles of the Federal Acquisition Regulations as set forth in 48 CFR Part 31.2, and are subject to audit. City will accept the indirect cost rates established by a cognizant Federal or State government agency in accordance with the FAR for one-year applicable accounting periods, if those rates are not currently under dispute. (f) Until final annual indirect cost rates are established for any period, City shall reimburse the Consultant at billing rates established in the Consultant’s proposal and audited by the Consultant’s CPA Firm, subject to adjustment when the final rates are established. Final rates may be established by an audit performed by the federal government or other governmental agency, or if necessary, by an audit performed by the City or its Agent. These billing rates: i. Shall be the anticipated final rates; and ii. May be prospectively or retroactively revised by mutual agreement, at either party’s request, to prevent substantial overpayment or underpayment. (g) At any time or times before final payment, the City may have the Consultant’s invoices or vouchers and statements of cost audited. Any payment may be reduced by amounts found by City not to constitute allowable costs and/or adjusted for prior overpayments or underpayments. Upon the Consultant’s compliance with all terms of this Agreement, City shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.         FAX-B + 500K (06-06-2022) PB/prn -10- 4. Termination, Remedies, Force Majeure, and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) 7 calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon the request of the Director or designee, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify the Director or designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or designee of the cessation of such occurrence.         FAX-B + 500K (06-06-2022) PB/prn -11- (g) The Consultant agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at the City’s option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding. The Consultant hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term “Confidential Information” for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings, artwork and other documents prepared or provided by the Consultant pursuant to this Agreement (Work), and all data and copyrights related to such Work, shall be governed by the following provision for the benefit of the Federal Transit Administration (FTA): United States Code Title 49: Transportation Part 18-UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Subpart C-Post-Award Requirements §18.34 The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. (c) The Consultant shall not reproduce (such as photographs and prints), duplicate, distribute reproductions, or incorporate into any trademark or service mark, the Work without the prior written consent of the City. Any rights of the Consultant in the Work         FAX-B + 500K (06-06-2022) PB/prn -12- terminate upon the death of such the Consultant and do not extend to such the Consultant’s heirs, successors or assigns. (d) Title to the Work shall pass to the City upon final acceptance of the artwork by the City. The City reserves the right to donate, transfer or sell the Work or any portion thereof. City shall have the exclusive right to publicly display the Work and shall have a license to reproduce (such as photographs and prints) or create three-dimensional reproductions of the Work for any noncommercial purpose (including, but not limited to, books, slides, postcards, film, Internet sites, reproductions for advertising, and other media). Such reproductions shall contain a credit to the Consultant and a copyright notice. Reproductions for commercial purposes are only to be made with the mutual written consent of the Consultant and the City. All references and reproductions or adaptations of the Work will credit the Work to the Consultant unless the Consultant requests to the contrary. The City reserves the right to modify, remove and/or relocate the Work at any time, and after consultation with the Consultant, shall have the right to determine when and if modifications, repairs and/or restorations are needed. If City makes modifications, repairs or restoration not approved by the Consultant, the Consultant shall have the right to sever its association with the Work. The Consultant agrees to give the City written notice prior to asserting any claim pertaining to the Work, and the City shall have not less than 90 days from the date of receipt of claim to cure any such claim. The City may incorporate the Work into any trademark or service mark to be utilized by City to register the same in accordance with Federal, state or local law. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.         FAX-B + 500K (06-06-2022) PB/prn -13- If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in his or her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents and volunteers in accordance         FAX-B + 500K (06-06-2022) PB/prn -14- with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub- consultant shall establish additional insured status for the City, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.         FAX-B + 500K (06-06-2022) PB/prn -15- (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (i) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms and Federal Requirements. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 10(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the         FAX-B + 500K (06-06-2022) PB/prn -16- City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) The Consultant’s services pursuant to this Agreement shall be provided under the supervision of [Consultant's Supervisor Name], and he/she shall not assign another to supervise the Consultant’s performance of this Agreement without the prior written approval of the Director. (e) The City will carry out applicable federal requirements in the administration of this Agreement. Notwithstanding Section 25 herein, the Consultant agrees to comply with all applicable federal requirements identified in Exhibit D and require that each subcontract include the same requirements by each of its subcontractors. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability,         FAX-B + 500K (06-06-2022) PB/prn -17- medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return         FAX-B + 500K (06-06-2022) PB/prn -18- receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16 below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, including, but not limited to, the Americans With Disabilities Act (U.S.C. §§ 12101 et seq.), the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.         FAX-B + 500K (06-06-2022) PB/prn -19- 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement and any Requests for Qualifications and/or Requests for Proposals, together with any documents issued therewith (collectively, RFQ/P) by the City that resulted in selection of the Consultant for entry into this Agreement. This Agreement incorporates by reference such RFQ/P, which together represent the entire and integrated agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. [SIGNATURES FOLLOW ON NEXT PAGE.]         FAX-B + 500K (06-06-2022) PB/prn -20- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, effective the day and year first above written. CITY OF FRESNO, A California municipal corporation By: *UHJRU\$%DUILHOG ,QWHULP'LUHFWRU Fresno Area Express/ Transportation Department APPROVED AS TO FORM: CITY ATTORNEY’S OFFICE City Attorney By: Pauline Brickey Date Deputy City Attorney ATTEST: TODD STERMER City Clerk By: Deputy REVIEWED BY: Kristopher Grey, Project Administrator Fresno Area Express/ Transportation Department PCubed Associates, A California Corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: Addresses: CITY: City of Fresno Attention: Shelle O’Brien, Capital Development Specialist 2223 G Street Fresno, CA 93706 Phone: (559) 621-1420 FAX: (559) 498-4957 CONSULTANT: PCubed Associates Inc. Attention: Pawan Gupta, President/Principal 221 E Lexington Dr., #304 Glendale, CA 91206 Phone: (818) 920-8001 FAX: Pawan R Gupta President/Principal Prabha Gupta Secretary S6198 Pawan R Gupta 12/17/2014 Valid till 09/30/2022 Attorney Pauline Brickey 10/20/22            23 Request for Qualifications & Proposal Proposal No. 10088R (Submit with Proposal) Proposer's Name DISCLOSURE OF CONFLICT OF INTEREST FRESNO AREA EXPRESS FACILITY HVAC AND BUILDING ENCLOSURE IMPROVEMENTS YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature (name) (company) (address) Additional page(s) attached. (city state zip) Pcubed Associates Inc. Pcubed Associates Inc. Pawan R Gupta 221 E Lexington Drive, #304 Glendale, CA 91206         City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1220 Agenda Date:8/10/2023 Agenda #: 1.-W. REPORT TO THE CITY COUNCIL FROM:MIUGEL ARIAS, Councilmember District 3 MIKE KARBASSI, Councilmember District 2 ANNALISA PEREA, Vice President District 1 SUBJECT Bill (for introduction) - Amending Sections 3-610, 3-616, 7-1510, 9-234 and 9-915 of the Fresno Municipal Code, relating to human rights, including protections against discrimination based on an individual’s caste and indigeneity Attachment: Ordinance City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 MA/MK 7-0 B-27 AS AMENDED APPROVED ON CONSENT 1 of 18 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTIONS 3-610, 3-616, 7-1510, 9-234 AND 9- 915 OF THE FRESNO MUNICIPAL CODE, RELATING TO HUMAN RIGHTS, INCLUDING PROTECTIONS AGAINST DISCRIMINATION BASED ON AND INDIVIDUAL’S CASTE AND INDIGENEITY WHEREAS, caste is a system of rigid social stratification characterized by hereditary status, endogamy, and social barriers sanctioned by custom, law, or religion; and WHEREAS, indigeneity refers to the original, diverse societies with their own identities that constitute an integral part of the Americas; and WHEREAS, caste discrimination is based on birth and descent, and occurs in the form of social segregation, physical and psychological abuse, and violence; and WHEREAS, indigenous communities have suffered from historic injustices as a result of, inter alia, their colonization and the dispossession of their lands, languages, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests; and WHEREAS, caste and indigeneity discrimination manifests in employment, education, and housing; and WHEREAS, in 2016, the United Nations Special Rapporteur on minority issues stated that at least 250 million people worldwide still face “appalling and dehumanizing 2 of 18 discrimination based on caste and similar systems of inherited status,” and during a presentation of the first comprehensive report on caste -based discrimination in 2016 to the United Nations Human Rights Council, the Rapporteur described caste -based discrimination as “a global problem,” and that “caste -based discrimination and violence goes against the basic principles of universal human dignity and equality, as it differentiates between ‘inferior’ and ‘superior’ categories of individuals, which is unacceptable;” and WHEREAS, in 2014, the United Nations Declaration restated their declaration around the Rights of Indigenous Peoples (“UN Declaration”) that “Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity;” and WHEREAS, the majority of the caste-affected communities live in or originate from South Asia, including India, Nepal, Sri Lanka, Bangladesh, and Pakistan, where many are known by the self-chosen identity of “Dalits,” which means “those who have been broken but are resilient” and others are indigenous or indentured community members; and WHEREAS, the majority of the indigenous communities in the City of Fresno live in or originate from Mexico (especially that state of Oaxaca and Guerrero), the First Communities of California (especially the Karok, Maidu, Cahuilleno, Mojave, Yokuts, Pomo, Paiute, and Modoc), and larger communities including those from El Salva dor, Guatemala, and other regions of Central and South America; and 3 of 18 WHEREAS, caste has been found to significantly affect South Asian Americans based on data collected by Equality Labs, a Dalit civil rights organization dedicated to ending caste apartheid, gender-based violence, and religious intolerance, has found that one in four caste-oppressed people faced physical and verbal assault, one in three face education discrimination, and two in three face workplace discrimination; and WHEREAS, organizations such in Fresno such as the Jakara Movement, an organization based in Fresno that aims to challenge caste oppression and uplift all communities, Shri Guru Ravidas Sabha, Guru Ravidass Temple, Sikh Institute of Fresno, Sikh Women’s Organization of Central California, Hidden Wealth, Gurdwara Gur Nanak Prakash, and others have hosted community forums and has worked to realize Guru Arjan’s vision of Halemi Raj (politics that uplift the vulnerable) and Bhagat Ravidas Ji’s mission of a Begampura (a city without sorrow); and WHEREAS, the Centro Binacional para el Desarrollo Indígena Oaxaqueño (CBDIO), is an Indigenous-led organization that works in the Central Valley and Central Coast to foster and strengthen the civic participation, economic, social, cultural development of the indigenous communities, as well as the resistance of the indigenous communities; and WHEREAS, prejudice based on caste identification and indigenous community status is found in many industries and is a grave contributor to workplace discrimin ation and bias; individuals in industries like agriculture technology, construction, restaurant, domestic work and other employment sectors have faced caste discrimination, harassment, bias, wage theft, and even trafficking; and 4 of 18 WHEREAS, consistent with the guidance of the U.S. Department of Justice, Civil Rights Division’s interpretation of Title VI of the Civil Rights Act to include a prohibition against discrimination based on actual or perceived shared ancestry or citizenship in a country whose residents share a dominant religion or distinct religious identity, the City of Fresno prohibits discrimination and harassment based on race, color, ancestry, religion, creed, and national origin; and WHEREAS, the City of Fresno is committed to recognizing the dig nity of all its residents, workers, and visitors, including the right to reside, work, and visit a city that does not subject them to prejudicial treatment or discrimination. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3-610 of the Fresno Municipal Code is amended to read as follows: SECTION 3-610. - PETITION FOR FORMAL RECOGNITION (a) An employee organization or joint council that seeks formal recognition shall file a petition with the Director, in such form as the Director may prescribe, containing the following information and documentation; (1) Name and address of the employee organization. (2) Titles of its officers and names of incumbents therein. (3) Names and titles of authorized employee organization representatives. (4) A statement that the employee organization, as one of its primary purposes, represents employees in their employment relations with the city. 5 of 18 (5) Whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional, state, national or international organization, and, if so, the name and address of each such regional, state, or international organization. (6) Copies of the employee organization's constitution or articles of incorporation and bylaws, including all amendments thereof, certified as true copies by an officer of the organization. (7) A designation of the person, and his address, to whom notice will be deemed sufficient notice on the employee organization for any purpose. (8) A statement that the employee organization recognizes, and has explained to its members, the applicability of Section 3-624 of this article, and the inapplicability of Section 923 of the California Labor Code, to city employees. (9) A statement that the employee organization does not and will not impose any restriction on membership based on race, color, creed, sex, age, or national origin[, caste or indigeneity]. (10) A list of all the classes and the number of employees in each class in the unit claimed to be the appropriate unit. (11) Written proof, as described in subsection (c), each dated by the signer within three months of the date upon which the 6 of 18 petition is filed, to establish that a minimum of thirty percent of the employees eligible to vote in the unit claimed to be the app ropriate unit have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be furnished by submission with the petition of employee designations in the form required by subsection (c). (12) A request that the Director grant formal recognition to the employee organization by recognizing it as the representative of the employees in the unit claimed in the petition to be the appropriate unit. (b) The petition, including all accompanying documents, shall be verified under penalty of perjury by the Executive Officer or Secretary of the employee organization. If the petitioner is a joint council, information required by this section shall be supplied for each employee organization participating in the joint council. The Director may require additional specific information of any matter required to be included in the petition, and may require the periodic updating of all or any portion of the information. (c) Written proof of the designation of the employee organization to represent any employee shall be made, utilizing substantially the following language and form: EMPLOYEE'S DESIGNATION OF EMPLOYEE ORGANIZATION TO REPRESENT THE EMPLOYEE 7 of 18 IN THE EMPLOYEE'S RELATION WITH THE CITY OF FRESNO The undersigned, being an employee of the City of Fresno, hereby designates _____ (Name of Organization) to represent the undersigned in all matters relating to employment conditions and employer-employee relations. I understand the above organization will present this to the Director in order to become recognized by the city as my representative; that I am not required to sign this document, and I do so of my own free choice; and that until this designation is revoked by me in writing, I cannot have another organization represent me. I acknowledge that the above organization has explained to me the applicability of Fresno Municipal Code Section 3-624 and the inapplicability of California Labor Code Section 923, to City employees. Employee's Name _____ Class/Job Title _____ Department or Division _____ Dated this _____ day of ________, 19___, at Fresno, California. Signature of Employee 8 of 18 (d) No employee shall be represented by more than one recognized employee organization. (i) _____________________________________ ________________________________________________ SECTION 2. Section 3-616 of the Fresno Municipal Code is amended to read as follows: SECTION 3-616. - UNFAIR EMPLOYEE RELATIONS PRACTICES (a) It is an unfair employee relations practice for an employee, employee organization, or an employee representative: (1) to interfere with, restrain, or coerce any employee in the exercise of his rights granted in this article; or (2) to violate any provision of Sections 3-621 or 3-622; or (3) to discriminate against any employee because of race, creed, sex, age, color, or national origin [,caste or indigeneity] with regard to the terms and conditions of membership in an employee organization; or (4) repealed and reserved; (5) to fail, or refuse, to cooperate in impasse procedures invoked pursuant to Section 3-617; or (6) For a formally recognized employee organization to fail, or refuse, to meet and confer in good faith with the Director at reasonable times, places, and frequencies on matters within the scope of representation. 9 of 18 (b) It is an unfair employee relations practice for an elective officer or a member of a board or comm ission of the city, or an executive management employee: (1) to interfere with, restrain, or coerce any employee in the exercise of his rights granted in this article; or (2) to attempt to dominate or control any employee organization; or (3) to fail, or refuse, to cooperate in impasse procedures invoked pursuant to Section 3-617. (c) It is an unfair employee relations practice for: (1) the Director to refuse to meet and confer in good faith with the representative of a formally recognized employee organization at reasonable times, places, and frequencies, or to consult within a reasonable time after request; or (2) repealed and reserved; (d) A charge of an unfair employee relations practice may be filed with the Director by an employee, employee organization representa tive, an elected official, or a management employee. Such charges shall be processed by the Director who shall with reasonable promptness initiate a fact-finding procedure. The fees and expenses of fact finders incurred pursuant to this section shall be payable as follows: If the unfair employee relations practice charge is found to be true, the party charged shall bear 10 of 18 the costs of fact finding. If the charge is found to be not true, the charging party shall bear the costs of fact finding. If the fact finder finds facts mitigating the charged party's conduct, the fact finder shall prorate the costs accordingly. The fact finder's report shall be filed with the City Clerk and shall be a public record. SECTION 3. Section 7-1510 of the Fresno Municipal Code is amended to read as follows: SECTION 7-1510. - MISCELLANEOUS PROVISIONS (a) Parks or other public facilities acquired, developed, rehabilitated or maintained with funds from this Measure shall be open, accessible, and affordable to the public without discrimination as to race, color, sex, sexual orientation, age, religious belief, national origin, [caste, indigeneity, ]marital status, physical or medical handicap, medical condition or place of residence. (b) The department shall not sell bonds secured by any revenues made available by this ordinance. (c) The City shall not use funds generated from this resolution to develop facilities on existing or former landfills or waste refuse facilities. (d) No provision of this ordinance shall be construed as authorizing the condemnation of privately-owned lands. Acquisition of property through eminent domain shall be strictly prohibited with the funds generated by this ordinance. 11 of 18 (e) Reasonable public access to lands acquired in fee simple with funds made available pursuant to this ordinance shall be provided except where that access may interfere with resource protection or to ensure public safety. For purposes of this ordinance, reasonable public access shall include parking and public restrooms. (f) All real property acquired pursuant to this ordinance shall be acquired in compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code. Public Agencies and Nonprofit Organizations receiving funds pursuant to this resolution shall certify compliance to the City. Funds disbursed to a Public Agency in accordance with this ordinance may be expended by that agency pursuant to an agreement, or by an entity, authorized or established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. SECTION 4. Section 9-234 of the Fresno Municipal Code is amended to read as follows: SECTION 9-234. - MISCELLANEOUS (a) The captions to sections throughout this article are intended solely to facilitate reading and reference to the sections and provisions of this article. Such captions shall not affect the meaning or interpretation of this article. (b) Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this article or any 12 of 18 franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time. (c) If any term, condition, or provision of this article shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision that had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the city and shall thereafter be binding on the franchisee and the city. (d) Connections to cable system; use of antennae. (1) To the extent consistent with federal law, subscribers shall have the right to attach VCR's, receivers, and other terminal equipment to a franchisee's cable system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment. (2) A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the subscriber or potential subscriber, or prohibit 13 of 18 installation of a new antenna, provided that such antenna is connected with an appropriate device and complies with applicable law. (e) Connections to cable system; use of antennae. (1) A cable communications system operator shall not discriminate among persons or the city or take any retaliatory action against a person or the city because of that entity's exercise of any right it may have under federal, state, or local law, nor may the operator require a person the city to waive such rights as a condition of taking service. (2) A cable communications system operator shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, [caste, indigeneity,] sex, sexual orientation, age, disability, religion, ethnic background, or marital status. A cable system operator shall comply with all federal, state, and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time. (f) It shall be unlawful for any person, firm or corporation to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable 14 of 18 communication system within this city for the purpose of enabling himself or others to receive or use any television signal, radio signal, picture, program or sound, or other information or intelligence, without payment to the owner of said system or its lessee. It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound, or information or intelligence. (g) Transitional provisions. (1) The operator of any facility installed as of the effective date of this article, for which a franchise is required under this article, shall have three months from the effective date of this article to file one or more applications for a franchise. Any operator timely filing such an application under this section shall not be subject to a penalty for failure to have such a franchise so long as said application remains pending; provided, however, nothing herein shall relieve any cable communications system operator of any liability for its failure to obtain any permit or other authorization required under other provisions of Fresno Municipal Code, and nothing herein shall prevent the city from requiring removal of any facilities installed in violation of the Code. (2) Any person holding an existing franchise for a cable communications system may continue to operate under the existing 15 of 18 franchise to the conclusion of its present term and any additional period required by the Cable Act including section 626 thereof, with respect to those activities expressly authorized by the franchise; and provided further that, such Person shall be subject to the other provisions of this article to the extent permitted by law. (3) Pending applications shall be subject to this article. A person with a pending application shall have 30 days from the effective date of this Title to submit additional information to comply with the requirements of this article governing applications. (h) Extended Operation. (1) Unless otherwise expressly provided in the franchise documents, upon the expiration, non-renewal, or revocation of a franchise, the city may require the franchisee to continue to operate the cable communication system for a defined period of time not to exceed twenty-four (24) months from the date of such expiration, non-renewal, or revocation. The franchisee shall, as trustee for its successor-in-interest, continue to operate the cable communication system under the terms and conditions of this article and the franchise documents and to provide the regular cable service and any of the other services that may be provided at that time. The city shall be permitted to seek legal and equitable relief to enforce the provisions of this section. 16 of 18 (i) very field representative of the franchisee shall be clearly identified on sight to the public as a representative of the franchisee. Every vehicle of the franchisee shall be similarly identified. (j) The city may, with the permission of the relevant court or administrative tribunal, intervene in any suit or proceeding involving the cable communication system franchise to which the franchisee is party. (k) Franchisee shall maintain throughout the term of the franchise, a local address for service of notices by mail. (l) Within one hundred eighty days from and after the effective date of the ordinance awarding the franchise or franchise renewal, or within such extended period of time as the council in its discretion may authorize, the franchisee shall file with the city clerk copies of all contracts which it may have with all public utility companies, including but not limited to the SBC Communications Inc. and the Pacific Gas & Electric, whereby grantee is granted any right to use any of the property, equipment or facilities of such utility or utilities in the conduct of any operations pursuant to the franchise or franchise renewal awarded to said franchisee. (m) The franchisee shall not, and shall prohibit any officer, agent, employee, contractor or subcontractor which it retains from, removing or trimming any tree or portion thereof (either above, at or below ground level), which is located within a public right-of-way without the prior written approval of the City Director of Public Works, consistent with the Fresno 17 of 18 Municipal Code. Such consent may be given or withheld upon such terms and conditions as the Director of Public Works deems appropriate. Each franchisee shall be responsible for, shall indemnify, defend and hold harmless the city, and its officers, agents and employees from and against any and all damages arising out of or resulting from the removal, trimming, mutilation of or any injury to any tree or trees proximately caused by the franchisee or its officers, agents, employees, contractors or subcontractors. SECTION 5. Section 9-915 of the Fresno Municipal Code is amended to read as follows: SECTION 9-915. - RATES OF FARE (a) The rates of fare to be charged within the City of Fresno to the public for use of taxicabs shall be the same for all taxicabs operated by the permittee, shall be consistent with city Master Fee Schedule requirements, and shall be based upon time and distance traveled. (b) The Council, by resolution, may establish rates for mileage, drop charges, and waiting time applicable to all taxicabs. This rate shall increase due to changes in the Consumer Price Index. (c) Consumers shall be notified of the drop charge and mileage rate in effect at the time the services is contracted and before the initi ation of the trip. (d) Rates may not be based on the geographic location or neighborhood of the drop off or pick up site, or a consumer's race, sex, religion, age, national origin, [caste, indigeneity] or disability. 18 of 18 (e) Permittees may voluntarily offer or negotiate a rate lower than the posted rate. SECTION 6. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1078 Agenda Date:8/10/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:AHMAD ALKHAYYAT, PE, MBA, Assistant Director Department of Public Utilities - Solid Waste Management Division SUBJECT Hold a public hearing and approve items related to the granting of a Non-Exclusive Roll-Off Franchise for roll-off collection services (Citywide) 1. Hearing in accordance with Fresno City Charter Section 1303 related to ordinance and adoption of ordinance 2. ***BILL No. B-22 (Introduced June 29, 2023) (For adoption) of the City of Fresno, which grants to Valley Dumpster Service LLC, a non-exclusive franchise for roll-off collection services within the City of Fresno (Subject to Mayor’s veto) 3. Authorize the Director of Public Utilities to execute an agreement of Non-Exclusive Franchise for Roll-off Collection Services with the City of Fresno RECOMMENDATION Staff recommends that Council hold a public hearing, adopt the ordinance, and authorize the Director of Public Utilities to execute the Agreement granting Valley Dumpster Service LLC, a Non-Exclusive Roll-Off Franchise for roll-off collection services with the City of Fresno. EXECUTIVE SUMMARY The City Council approved Resolution of Intention 2023-149 on May 25, 2023 and introduced the Bill on June 29, 2023, establishing a Non-Exclusive Roll-Off (NERO) collection franchise system for private haulers under City Charter Article XIII, Section 1300. The most recent application requires City Council approval to be added to the list of franchisees. BACKGROUND On May 25, 2023, staff went to City Council to initiate the first of the three steps to establish non- exclusive roll off collection franchise to Valley Dumpster Service LLC. The City Council approved the Resolution of Intention 2023-149 allowing the staff to proceed with the second step of the process. The Bill was introduced on June 29, 2023. On July 21, 2011, the City Council adopted an ordinance establishing a NERO collection franchise City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 GB/MK 7-0 B-22 O. 2023-026 File #:ID 23-1078 Agenda Date:8/10/2023 Agenda #: On July 21,2011,the City Council adopted an ordinance establishing a NERO collection franchise system to regulate roll-off hauler collection activities.The Solid Waste Management Division (SWMD) currently oversees 26 NERO franchisees.The City accepts new applications from companies for NERO collection service throughout the year and processes renewals from March 1 through April 30. The volume of roll-off materials collected is approximately 20-25 percent of the solid waste stream and highly recyclable,therefore the City has implemented the system to comply with current and anticipated State regulations related to the diversion of such materials from landfill diversion. During the NERO application process,the haulers may apply to the City to obtain a NERO franchise. The applicant must describe and provide information,qualifications,type of operations,and other details about the company as requested by the SWMD. The submitted NERO franchise application has been thoroughly reviewed and recommended for approval by City staff. Per City Charter,if NERO collection franchises are to be awarded,City Council must perform an introduction and first reading of an ordinance awarding the franchise.The third and final step is to hold a public hearing for this issue and at the conclusion of the public hearing,the City Council will decide whether to award the franchise. If approved by City Council,the Director of the Department of Public Utilities will execute the agreement with the franchisee,Valley Dumpster Service LLC.The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)guidelines Section 15378 this item does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because a Bill for introduction to award a Non-Exclusive Roll- Off Franchise is not an award of a services or construction contract. FISCAL IMPACT In FY24,the City anticipates receiving approximately $1,180,000 (One Million One Hundred Eighty Thousand Dollars) in total annual franchise fees from roll-off haulers. Attachments: Attachment 1 - Resolution 2023 -149 Attachment 2 - Bill Granting NERO - Valley Dumpster Service LLC Attachment 3 - Non-Exclusive franchise Agreement - Valley Dumpster Service LLC Attachment 4 - City of Fresno NERO Application Cover Letter City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, WHICH GRANTS TO VALLEY DUMPSTER SERVICE LLC, A NON-EXCLUSIVE FRANCHISE FOR ROLL-OFF COLLECTION SERVICES WITHIN THE CITY OF FRESNO THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. This Ordinance effectuates the terms and conditions set forth in the form of the Franchise Agreements executed by the City and the Contractor(s) Valley Dumpster Service LLC. SECTION 2. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions; and words or phrases not hereinafter in this section defined, but which are defined in any Franchise Document, as herein defined, shall have the same meanings herein, as so defined in such Franchise Documents (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) "Contractor" shall mean Valley Dumpster Service LLC. (b) "Franchise Documents" shall mean and shall include all of the following: (1) Article XIII of the Charter of the City of Fresno. (2) Chapter 6, Article 2, of the Fresno Municipal Code. (3) The Non-Exclusive Franchise Agreements for Roll-Off Collection Services. 2 of 3 (4) The written acceptance of the granting of a Non-Exclusive Franchise to Contractors. (5) Resolution No. _________, Resolution of Intention to grant Franchises to the Contractors. (6) This Ordinance. (7) Any and all documents which are referred to, defined, or described in any of the foregoing as "Franchise Documents." (c) "Franchise Fee" shall mean the fee paid by the Contractors to the City for the privilege to hold the non-exclusive rights granted by the Franchise Agreement and as defined within Section 8.2 of the Non-Exclusive Franchise Agreement. SECTION 3. Non-Exclusive Franchise Authorizing and permitting the Contractors to do all things described by the Franchise Documents is hereby granted to the Contractors. SECTION 4. The terms of the Non-Exclusive Franchise Agreements shall be expressly stated in Attachment A, which is attached hereto and incorporated by reference. SECTION 5. Contractors shall pay to the City all Franchise Fees and other fees that are due and payable pursuant to the Franchise Agreements. SECTION 6. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. 3 of 3 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney Attachments: Attachment A - Non-Exclusive Franchise Agreement NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF FRESNO AND VALLEY DUMPSTER SERVICE LLC FOR ROLL-OFF COLLECTION SERVICES _______ ,2023 This page intentionally blank Table of Contents RECITALS ....................................................................................................................... 7 ARTICLE DEFINITIONS ................................................................................................... 8 ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR .......... 15 2.1 REPRESENTATIONS AND WARRANTIES .......................................................... 15 ARTICLE 3 TERM OF AGREEMENT ............................................................................... 16 3. 1 EFFECTIVE DATE ................................................................................................ 16 3 .2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT ...................................... 17 3.3 INITIAL TERM ...................................................................................................... 17 3.4 OPTION TO EXTEND ........................................................................................... 17 ARTICLE 4 SCOPE OF AGREEMENT ............................................................................ 18 4.1 SCOPE OF AGREEMENT .................................................................................... 18 4 .2 LIMITATIONS TO SCOPE .................................................................................... 19 4.3 CITY'S RIGHT TO GRANT MULTIPLE NON-EXCLUSIVE AGREEMENTS .......... 20 4.4 CITY'S RIGHT TO EXCLUDE NEWLY ANNEXED TERRITORY FROM SCOPE OF FRANCHISE ................................................................................................... 20 4.5 AGREEMENT CONSISTENT WITH APPLICABLE LAW ...................................... 20 4.6 OWNERSHIP OF MATERIALS ............................................................................. 20 4 .7 NOTIFICATION TO CITY OF NON-FRANCHISED HAULERS ............................. 21 ARTICLE 5 COLLECTION, PROCESSING, AND DISPOSAL SERVICES ...................... 21 5.1 COLLECTION ....................................................................................................... 21 5.2 PROCESSING AND MARKETING SERVICES ..................................................... 21 5.3 DIVERSION REQUIREMENT ............................................................................... 23 5.4 DISPOSAL ............................................................................................................ 23 5.5 BILLING ................................................................................................................ 24 5.6 CUSTOMER SERVICE ......................................................................................... 25 ARTICLE 6 STANDARDS AND REQUIREMENTS FOR SERVICES, EQUIPMENT, AND PERSONNEL ........................................................................................................... 25 6.1 OPERATING DAYS, HOURS, AND SCHEDULES ................................................ 25 6.2 COLLECTION STANDARDS ................................................................................ 25 6.3 VEHICLE REQUIREMENTS ................................................................................. 27 6.4 ROLL-OFF CONTAINER REQUIREMENTS ......................................................... 28 6.5 PERSONNEL ........................................................................................................ 30 6.6 HAZARDOUS WASTE INSPECTION AND HANDLING ........................................ 30 6 .7 NON-DISCRIMINATION ....................................................................................... 32 6.8 COMMUNICATION AND COOPERATION WITH CITY ......................................... 32 ARTICLE 7 RECORD KEEPING AND REPORTING ....................................................... 32 7.1 GENERAL ............................................................................................................ 32 7 .2 RECORDS ............................................................................................................ 33 7.3 GENERAL REPORTING REQUIREMENTS ......................................................... 35 7.4 MONTHLY REPORT ............................................................................................ 35 7.5 AB 939 COUNTY SURCHARGE REPORTING .................................................... 36 ARTICLE 8 FRANCHISE FEES AND OTHER FEES ....................................................... 37 8.1 GENERAL ............................................................................................................ 37 8.2 FRANCHISE FEE ................................................................................................. 37 8.3 OTHER FEES ........................................................................................................ 37 8.4 ADJUSTMENT TO FEES ...................................................................................... 37 8.5 PAYMENT SCHEDULE AND LATE FEES ............................................................ 37 8.6 OVERPAYMENT OF FEES .................................................................................. 38 8. 7 NON-CITY FEES; AB 939 COUNTY SURCHARGE ............................................. 38 ARTICLE 9 CONTRACTOR'S COMPENSATION AND RA TES ...................................... 38 9.1 CONTRACTOR'S COMPENSATION .................................................................... 38 9.2 CITY'S RIGHT TO SET MAXIMUM RATES .......................................................... 38 9.3 CONTRACTOR'S RA TES ..................................................................................... 39 ARTICLE 10 INDEMNITY AND INSURANCE .................................................................. 39 10.1 INDEMNIFICATION .............................................................................................. 39 10.2 INSURANCE ......................................................................................................... 40 ARTICLE 11 DEFAULT AND REMEDIES ........................................................................ 44 11 .1 EVENTS OF DEFAULT ........................................................................................ 44 11.2 RIGHT TO TERMINATE UPON DEFAULT ........................................................... 45 11.3 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE ........................ 45 11.4 LIQUIDATED DAMAGES ...................................................................................... 45 11 .5 DIVERSION NON-PERFORMANCE .................................................................... 47 11.6 CONDITIONS UPON TERMINATION ................................................................... 48 ARTICLE 12 OTHER AGREEMENTS OF THE PARTIES ................................................ 49 12.1 RELATIONSHIP OF PARTIES .............................................................................. 49 12.2 PERMITS AND LICENSES ................................................................................... 49 12.3 COMPLIANCE WITH LAW ........................................................................................ 50 12.4 GOVERNING LAW ............................................................................................... 50 12.5 JURISDICTION ..................................................................................................... 50 12.6 BINDING ON SUCCESSORS ............................................................................... 50 12. 7 ASSIGNMENT ...................................................................................................... 50 12.8 PARTIES IN INTEREST ....................................................................................... 50 12 .9 WAIVER ............................................................................................................... 50 12.10 NOTICE PROCEDURES ...................................................................................... 51 12.11 REPRESENTATIVES OF THE PARTIES ............................................................. 51 12.12 CRIMINAL ACTIVITY OF CONTRACTOR ............................................................ 51 12.13 ACKNOWLEDGMENT OF PUBLIC RESOURCES CODE SECTION 49520 NOTICE ..................................................................................................... 53 ARTICLE 13 MISCELLANEOUS AGREEMENTS ........................................................... 53 13.1 ENTIRE AGREEMENT ......................................................................................... 53 13.2 SECTION HEADINGS .......................................................................................... 53 13.3 REFERENCES TO LAWS .................................................................................... 54 13.4 INTERPRETATION ............................................................................................... 54 13.5 PRONOUNS AND PLURALS; TENSE .................................................................. 54 13.6 TEXT TO CONTROL ............................................................................................. 54 13. 7 AMENDMENT ....................................................................................................... 54 13.8 SEVERABILITY .................................................................................................... 54 13.9 COUNTERPARTS ................................................................................................ 54 13.10 EXHIBITS ............................................................................................................. 54 List of Exhibits A Schedule for Liquidated Damages B Secretary's Certification C Statement of Applicant's Understanding and Representations D Approved Processing and Residue Disposal Facilities This page intentionally blank NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF FRESNO AND VALLEY DUMPSTER SERVICE LLC FOR ROLL-OFF COLLECTION SERVICES This non-exclusive franchise agreement (Agreement) is made and entered into is 27th day of April,2023 by and between the City of Fresno, amunicipal corporation (City), and Valley Dumpster Service LLC (Contractor). RECITALS This Agreement is entered into with reference to the following facts and circumstances: WHEREAS, the Legislature of the State of California (State), by enactment of the California Integrated Waste Management Act of 1989, codified at California Public Resources Code Section 40000 et seq. (Act)), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Solid Waste Collection within their jurisdiction; and WHEREAS, the State has found and declared the amount of Solid Waste generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of the Act, directed the responsible State agency and all local agencies, to promote Disposal Site Diversion and to maximize the use of feasible Solid Waste reduction, re-use, Recycling, and Composting options in order to reduce the amount of Solid Waste that must be Disposed of in Disposal Sites; and WHEREAS, the Act requires local agencies to divert 75% of discarded materials from landfills; and WHEREAS, the City Council established goals of achieving 75% diversion by 2012 and zero waste status by 2025 on June 26, 2007, and approved a Zero Waste Strategic Action Plan on February 11, 2009; and WHEREAS, the City finds that reusing, Recycling, and Composting Recyclable Materials, Organic Materials, and Construction and Demolition Debris (C&D) is essential to further the City's efforts to reduce Solid Waste Disposal and comply with the Act and the City's zero waste goals; and WHEREAS, pursuant to the powers granted the City as a charter city by Article XI, Section 5(a) of the California Constitution and Article XIII of the Charter of the City of Fresno, the City has determined that the public health, safety, and well-being require a franchise agreement defining non-exclusive rights be awarded to qualified companies to provide for the roll-off container collection of Permitted Materials except for collection of materials City of Fresno Non-Exclusive Roll-Off Agreement Page 7 excluded in the City's Municipal Code, and other services related to meeting requirements of the Act; and WHEREAS, the City requires all haulers providing Roll-Off Collection services for Permitted Materials in the City to obtain a non-exclusive franchise in order to regulate this business, ensure its orderly operation, achieve its diversion goals, and to minimize the potential for adverse effects it may have on the local environment; and WHEREAS, the City Council has determined through an application process that the Contractor, by demonstrated experience, reputation, and capacity, is qualified to provide for the Roll-Off Container Collection of Permitted Materials within the corporate limits of the City and the Transportation of such material to appropriate places of Recycling, Processing, and/or Disposal, and can provide insurance consistent with the City's requirements. The City Council desires that Contractor be engaged to perform such services on the basis set forth in this Agreement; and WHEREAS, Contractor intends to use the City's streets, alleys, other public rights- of way, and infrastructure to provide Roll-Off Collection services to the City's residents and businesses; and WHEREAS, the City intends to receive just and reasonable fees from the Contractor for City's administration of the Agreement and for Contractor's use of the City streets, alleys, other public rights-of-way, and infrastructure which the City may lawfully impose, and the companies are obligated to pay. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this Agreement and for other good and valuable consideration, the Parties agree as follows: ARTICLE 1 DEFINITIONS For purposes of this Agreement, unless a different meaning is required, the following words and phrases shall have the following meanings and shall be capitalized throughout this Agreement: A. "Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded, and replaced from time to time. B. "Agreement" means this Agreement between the City and Contractor for Roll- Off Container Collection, Processing, and Disposal of Permitted Materials, including all exhibits and attachments, and any future amendments hereto. C. "Applicable Law" means all Federal, State, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirements of any governmental agency having jurisdiction over the Roll-Off Container Collection, Transportation, Recycling, Processing, and Disposal of Permitted City of Fresno Non-Exclusive Roll-Off Agreement PageB Materials that are in force on the Effective Date and as they may be enacted, issued, or amended during the Term of this Agreement. D. "Approved C&D Processing Site" means the Processing Site specified in Exhibit D, which was selected by Contractor and approved by the City. E. "Approved Disposal Site" means a Disposal Site selected by the Contractor or its Subcontractor(s) and approved by the City for Disposal of residue from Approved Processing Site(s). Approved Disposal Site(s) are listed in Exhibit D. F. "Approved Organics Processing Site" means the Processing Site specified in Exhibit D, which was selected by Contractor and approved by the City. G. "Approved Processing Site(s)" means the Approved C&D Processing Site, Approved Organics Processing Site, and/or Approved Recyclables Processing Site. H. "Approved Processor" means the operator of an Approved Processing Site. I. "Approved Recyclables Processing Site" means the Processing Site specified in Exhibit D, which was selected by Contractor and approved by the City. J. "Bin" means a container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid, and with wheels, that is typically serviced by a front end-loading Collection vehicle. K. "Business Days" mean days during which City offices are open to do business with the public. L. "Cart" means a plastic container with a hinged lid and wheels that is typically serviced by an automated or semi-automated Collection vehicle. A Cart has capacity of 20, 35, 64, or 96 gallons (or similar volumes). M. "Change in Law" means any of the following events or conditions that have a material and adverse effect on the performance by the Parties of their respective obligations under this Agreement (except for payment obligations): The enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation on or after the Effective Date of any Applicable Law; or The order or judgment of any governmental body, on or after the Effective Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. N. "City" means the City of Fresno, California, a municipal corporation, and all City of Fresno Non-Exclusive Roll-Off Agreement Page9 the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term. 0. "City's Municipal Code," "Municipal Code" or "FMC" means the Municipal Code of the City of Fresno. P. "Collect" or "Collection" means the act of collecting Permitted Materials and other material at the place of generation in the City. Q. "Commercial" shall mean of, from or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property. R. "Compactor" means a mechanical apparatus that compresses materials into a container, which container may be detachable. For the purposes of this Agreement, Compactors shall include only Compactors with container capacities of ten to fifty cubic yard that are serviced by Roll-Off Collection Trucks. S. "Compost" or "Composting" includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost Product. T. "Compost Product" means the product resulting from the controlled biological decomposition of Organic Materials that are Source Separated from the Solid Waste stream, or which are separated at a centralized facility. U. "Construction and Demolition Debris (C&D)" means materials resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22 Section 66261.3. This term includes, but is not limited to, asphalt, concrete, cement concrete, brick, lumber, gypsum wallboard, concrete board, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel, as well as vegetative matter resulting from land clearing and landscaping including but not limited to rock, soil, tree stumps, or as otherwise defined by Title 27 Chapter, Article 2, Section 20164. Construction and Demolition Debris excludes putrescible wastes. V. "Contractor" means Valley Dumpster Service LLC, a Sole Proprietorship organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies, and Subcontractors. W. "Contractor Party(ies)" shall mean Contractor, officers, directors, management employees, or fiscal employees (where "management employee" means any employee with direct or indirect responsibility for direction and control over the Contractor's activities under this Agreement and City of Fresno Non-Exclusive Roll-Off Agreement Page 10 "fiscal employee" means an employee with direct or indirect responsibility and control duties relating to financial matters under this Agreement). X. "Criminal Activity" means those activities described in Section 12.12.1. Y. "Customer" means the Person whom Contractor submits billing invoice to and collects payment from for Collection services provided. Z. "Designated Disposal Site" means the American Avenue Landfill at 18950 W American Avenue in Tranquility, California for the purposes of Disposing Solid Waste. AA. "Designated Waste" means non-Hazardous Wastes that may pose special Disposal problems because of its potential to contaminate the environment, and which may be disposed of only in Class II Disposal Sites or Class Ill Disposal Sites pursuant to a variance issued by the California Department of Health Services. BB. "Director" shall mean the Public Utilities Director of the City or an authorized representative of the Public Utilities Director. CC. "Discarded Materials" means Solid Waste, Recyclable Materials, Organic Materials, or C&D placed by a Generator in a receptacle and/or at a location that is designated for Collection pursuant to the City's Municipal Code. DD. "Disposal or Dispose (or variation thereof)" means the final disposition of Solid Waste at a Disposal Site. EE. "Disposal Site" means a facility for ultimate Disposal of Solid Waste. FF. "Diversion" means activities that reduce or eliminate the amount of Solid Waste from Solid Waste Disposal including, but not limited to, Recycling, and Composting. GG. "Drop Box" means an open-top container with capacity from 6 to 50 cubic yards that is used for Collection of Permitted Materials and that is serviced by a Roll-Off Collection Truck. Drop Boxes with capacities of less than 10 cubic yards may only be used for the purposes of Collecting C&D. A Drop Box, which is also known as a roll-off box and/or debris box, is a type of Roll-Off Container. HH. "Effective Date" means the date set forth in the introductory paragraph of this Agreement. II. "Federal" means belonging to or pertaining to the national general government of the United States. JJ. "Food Scraps" means those discarded materials that will decompose and/or putrefy including (i) all kitchen and table food waste, (ii) animal or vegetable City of Fresno Non-Exclusive Roll-Off Agreement Page 11 waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs, (iii) discarded paper that is contaminated with Food Scraps; (iv) fruit waste, grain waste, dairy waste, meat and fish waste; and, (v) non-Recyclable paper or contaminated paper. Food Scraps are a subset of Organic Materials. KK. "Franchise Fee" means the fee paid by Contractor to City for the privilege to hold the non-exclusive rights granted by this Agreement. LL. "Generator" means any Person whose act or process produces Permitted Materials, or whose act first causes Permitted Materials to become subject to regulation. MM. "Green Waste Material" means any materials generated from the maintenance or alteration of public, commercial, or residential landscapes that will decompose and/or putrefy including, but not limited to, yard clippings, grass, leaves, shrub/tree trimmings or prunings (less than 4" in diameter), brush, flowers, weeds, dead plants, small pieces of unpainted and untreated wood, and other types of organic waste. For the purposes of this Agreement, such materials shall be Source Separated and placed by a Generator in a receptacle and/or at a location that is designated for Collection. Green Waste Material is a subset of Organic Materials. NN. "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State in Health and Safety Code §25110 .02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. 00. "Holidays" are defined as New Year's Day, Thanksgiving Day, and Christmas Day. PP. "Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments, as defined in Health and Safety Code Section 25117.5. QQ. "Liquidated Damages" means the amounts due by Contractor to City for failure to meet specific quantifiable standards of performance as described in Section 11 .4 and Exhibit A. RR. "Organic Materials" means those discarded materials that will decompose and/or putrefy including Green Waste Material and Food Scraps such as, but are not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types City of Fresno Non-Exclusive Roll-Off Agreement Page 12 of organic yard waste, vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, paper contaminated with Food Scraps, pieces of unpainted and untreated wood, and pieces of unpainted and untreated wallboard. No discarded material shall be considered to be Organic Materials, unless such material is Source Separated from Solid Waste, Recyclable Materials, C&D, or other materials. SS. "Parent Company" refers to a company owning more than 50% of the shares of another company (subsidiary) or a company that has management control over such subsidiary. TT. "Party or Parties" refers to the City and Contractor, individually or together . UU. "Permitted Materials" refers to Solid Waste, Source Separated Recyclable Materials, Source Separated Organic Materials, and C&D. Permitted Materials excludes Source Separated Food Scraps. W. "Person(s)" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Fresno, and special purpose districts. WW. "Premises" means any land or building in the City where Permitted Materials are generated or accumulated. XX. "Processing" means to prepare, treat, or convert through some special method. YY. "Processing Site" means any plant or site used for sorting, cleansing, treating, or reconstituting Permitted Materials for the purpose of making such material available for reuse. ZZ. "Putrescible Waste" means Solid Wastes originated from living organisms and their metabolic waste products and from petroleum, which contains naturally produced organic compounds and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide and other simpler organic compounds. AAA. "Rates" means the charges and fees Contractor bills and collects from each Customer receiving service pursuant to this Agreement. BBB. "Recyclable Materials" means those Discarded Materials that the City Code permits, directs and/or requires Generators to set out in Recyclables Materials containers for Collection for the purpose of Recycling. No Discarded Materials shall be considered Recyclable Materials unless such material is separated from Solid Waste and Organic Materials. Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, City of Fresno Non-Exclusive Roll-Off Agreement Page 13 construction paper, envelopes, legal pad backings, shoe boxes, soap boxes, cereal and other similar food boxes); chipboard; cardboard; paper milk cartons; glass containers of any color (including glass bottles and jars all colors); aluminum cans; fabric softener containers; steel, tin or bi-metal cans; plastic containers (clear or green plastic soda and water bottles, plastic containers and bottles and plastic bags with no. 1, 2 or 3 on the bottom); and food containers from potato salad, pasta salad, whipped cream, etc. CCC. "Recycle or Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste. DOD. "Residential" shall mean of, from, or pertaining to a single-family Premises, multi-plex, or multi-family Premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, cooperative apartments, and yacht harbors and marinas where residents live aboard boats . EEE. "Roll-Off Container" means a Drop Box or Compactor used for Collection of Permitted Materials and serviced by a Roll-off Collection Truck. Roll-Off Containers with capacities of less than 10 cubic yards may only be used for the purposes of Collecting C&D. FFF. "Roll-Off Collection Truck" means a collection vehicle with a mechanical device such as a winch that pulls or loads a Roll -Off Container onto the truck bed or attached trailer and separately transports each Roll-Off Container to a Disposal Site or Processing Site. GGG. "Solid Waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated thereunder and those Discarded Materials that the City Code requires Generators within the City to set out for Collection . Excluded from the definition of Solid Waste are C&D, Hazardous Waste, Infectious Waste, Designated Waste, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste . Notwithstanding any provision to the contrary, "Solid Waste" may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe collection, recycling , treatment and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code. HHH. "Source Separated" means the segregation, by the Generator, of materials designated for separate Collection for some form of Recycling, Processing, Composting , recovery, orreuse. Ill. "State" means the State of California. JJJ. "Subcontractor" means a party who has entered into a contract, express or implied, with the Contractor for the performance of an act that is necessary for City of Fresno Non-Exclusive Roll-Off Agreement Page 14 the Contractor's fulfillment of its obligations under this Agreement. KKK. "Term" means the Term of this Agreement, including extension periods if granted, as provided for in Article 3. LLL. "Ton" means a unit of measure for weight equivalent to 2,000 standard pounds where each pound contains 16 ounces. MMM. "Tonnage" means the total weight in Tons Collected, Recycled, Composted, Diverted, or Disposed of, as the context requires. NNN. "Transportation" means the act of transporting. ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR 2.1 REPRESENTATIONS AND WARRANTIES The Contractor, by execution of this Agreement, represents and warrants the following to City, for the purpose of inducing City to enter into this Agreement and to consummate the transactions contemplated hereby: A. Corporate Status. Contractor is duly organized, validly existing and in good standing under the laws of the State. It is qualified to transact business in the City and State and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement. B. Authorization. Contractor has the authority to enter this Agreement and perform its obligations under this Agreement. The Board of Directors of Contractor (or the shareholders, if necessary), sole proprietor, or partners have taken all actions required by law, its articles of incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement. The Person signing this Agreement on behalf of Contractor represents and warrants that they have authority to do so and the corporate secretary's certificate in Exhibit B confirms this. This Agreement constitutes the legal, valid, and binding obligation of the Contractor. C. Agreement Will Not Cause Breach. To the best of Contractor's knowledge after reasonable investigation, the execution or delivery of this Agreement or the performance by Contractor of its obligations hereunder does not conflict with, violate, or result in a breach: (i) of any law or governmental regulation applicable to Contractor; (ii) any term or condition of any judgment, order, or decree of any court, administrative agency or other governmental authority; or, (iii) any Agreement or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound or constitute a default thereunder. D. No Litigation. To the best of Contractor's knowledge after reasonable investigation, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency, or instrumentality City of Fresno Non-Exclusive Roll-Off Agreement Page 15 decided, pending, or threatened against Contractor wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would: 1. Materially adversely affect the performance by Contractor of its obligations hereunder; 2. Adversely affect the validity or enforceability of this Agreement; or 3. Have a material adverse effect on the financial condition of Contractor, or any surety or entity guaranteeing Contractor's performance under this Agreement. E. No Adverse Judicial Decisions. To the best of Contractor's knowledge after reasonable investigation, there is no judicial decision that would prohibit this Agreement or subject this Agreement to legal challenge. F. No Legal Prohibition. To the best of Contractor's knowledge after reasonable investigation, there is no Applicable Law in effect on the date Contractor signed this Agreement that would prohibit the Contractor's performance of its obligations under this Agreement and the transactions contemplated hereby. G. Contractor's Statements. The Contactor's Application and any other supplementary information submitted to the City, which the City has relied on in entering this Agreement, do not: (i) contain any untrue statement of a material fact, or (ii) omit to state a material fact that is necessary in order to make the statements made, in light of the circumstances in which they were made, not misleading. H. Contractor's Investigation. Contractor has made an independent investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement and the work to be performed hereunder. Contractor has considered such matters in entering this Agreement to provide services in exchange for the compensation provided for under the terms of this Agreement. I. Ability to Perform. Contractor possesses the business, professional, and technical expertise to Collect, Transport, Recycle, Process, and Dispose Permitted Materials generated in the City. Contractor possesses the equipment, facility(ies), and employee resources required to perform its obligations under thisAgreement. ARTICLE 3 TERM OF AGREEMENT 3.1 EFFECTIVE DATE Contractor may provide the Roll-Off Container Collection, Transportation, Recycling, Processing, Composting, and Disposal services authorized by this Agreement commencing on the Effective Date. City of Fresno Non-Exclusive Roll-Off Agreement Page 16 3.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of all the conditions below, each of which may be waived, in written form, in whole or in part by City. A. Accuracy of Representations. The representations and warranties made in Article 2 of this Agreement are true and correct on and as of the Effective Date. B. Absence of Litigation. There is no litigation pending on the Effective Date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance. C. Furnishings of Insurance. Contractor has furnished evidence of the insurance required by Article 10 that is satisfactory to the City. D. Effectiveness of City Council Action. The City Council action approving this Agreement shall have become effective and all Parties shall have signed the Agreement pursuant to Applicable Law prior to or on the Effective Date, provided that no restraining order of any kind has been issued. 3.3 TERM The Term of this Agreement shall commence on the Effective Date and continue until June 30, 2028. The Term may be extended pursuant to Section 3.4 or terminated early in accordance with Section 11.2. 3.4 OPTION TO EXTEND Subject to City Council approval, the City shall have the option to extend this Agreement for an additional term of up to five years. The City's written notice shall specify the number of years by which it elects to extend the Term of this Agreement and the revised expiration date of the Agreement. Any such extension shall not become effective unless the City agrees to the extension, in writing, at least one hundred fifty calendar days prior to expiration of the Agreement. 3.5 TERMINATION FOR CONVENIENCE A. The City may terminate this Agreement for convenience upon thirty (30) days' written notice. In such event, City shall have no liabilities to the Contractor on the terminated agreement including, but not limited to, liabilities for any loss of revenues or profits or stranded contractors or stranded assets on the terminated Agreement. B. Effect of Termination. The City's termination of this Agreement for convenience shall not preclude City from taking any action in law or equity against Contractor for: a. Improperly submitted claim forms; b. Any failure to perform the work in accordance with the terms of the Agreement; City of Fresno Non-Exclusive Roll-Off Agreement Page 17 c. Any breach of any term or condition of the Agreement; d . Any actions under warranty, express or implied; e. Any claim of professional negligence or; f. Any other matter arising from or related to this Agreement, whether known, knowable, or unknown before, during or after the date of termination. ARTICLE 4 SCOPE OF AGREEMENT 4.1 SCOPE OF AGREEMENT This non-exclusive franchise, granted to Contractor, authorizes Contractor to Collect, Transport, Recycle, Process, Compost, and Dispose of Permitted Materials placed by Residential or Commercial Generators in Roll-Off Containers for Collection, provided that the Customer has voluntarily arranged for Contractor to provide Collection services. The Contractor shall be responsible for the following services: A. Collecting Permitted Materials placed by each Customer in a Roll-Off Container for Collection as requested byCustomer. B. Providing each Customer, upon delivery of Roll-Off Container, a printed list that specifies the materials that cannot be placed in the Roll-Off Container (i.e., Hazardous Wastes) and a list of acceptable Recyclable Materials, Organic Materials, and C&D that may be placed in the Roll-Off Container. C. Transporting Collected Solid Waste to the Designated Disposal Site and transporting other materials to an Approved Processing Site. D. Furnishing all labor, supervision, vehicles, Roll-Off Containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations under this Agreement. E. Paying all expenses related to provision of services required by this Agreement including, but not limited to, Franchise Fees, taxes, regulatory fees, Collection costs, Transportation costs, Processing costs, Disposal costs, utilities, etc. F. Providing all services required by this Agreement in a thorough and professional manner so that residents, businesses, and the City are provided timely, reliable, courteous, and high-quality service at all times. G. Performing all services in substantial accordance with this Agreement at all times using best industry practice for comparable operations. H. Complying with all Applicable Law. City of Fresno Non-Exclusive Roll-Off Agreement Page 18 I. Performing or providing all other services necessary to fulfill its obligations under this Agreement. J. Diverting a minimum of 75%, or state-mandated diversion percentages, whichever is higher, of the C&D Collected from Disposal. The Diversion rate shall be calculated each month based upon the weights of C&D Collected and Diverted. K. Diverting a minimum of 70% of the Recyclable Materials Collected from Disposal. The Diversion rate shall be calculated each month based upon the weights of Recyclable Materials Collected and Diverted. L. Diverting a minimum of 90% of the Organic Materials Collected from Disposal. The Diversion rate shall be calculated each month based upon the weights of Organic Materials Collected and Diverted. The enumeration and specification of particular aspects of service, labor, or equipment requirements shall not relieve Contractor of the duty of accomplishing all other aspects necessary to fulfill its obligations under this Agreement whether such requirements are enumerated elsewhere in the Agreement or not. 4.2 LIMITATIONS TO SCOPE The scope of the Agreement shall be non-exclusive. Permitted Materials may be Collected and Transported by other Persons provided that such Persons do so in accordance with the City's Municipal Code, including but not limited to the following: A. Permitted Materials Collected by Other Non-Exclusive Franchise Haulers. Permitted Materials Collected by a party that has executed a Non-Exclusive Franchise Agreement with the City for Roll-Off Container Collection Services. B. Permitted Materials Collected by City. Permitted Materials collected by the City's municipal collection operation including: (1) materials Collected using equipment, such as Carts and Bins, not regulated by this Agreement (2) materials Collected from City facilities, and special events and venues sponsored by the City, which may be Collected in Carts, Bins, or Roll-Off Containers by the City's municipal collection operation or City crews. C. Donated Recyclable Materials. Recyclable Materials Generated in the City that are Source Separated and donated by the Generator to youth, civic, charitable, or other nonprofit organizations. D. Materials Hauled by Owner or Occupant, or its Contractor. Permitted Materials that are removed from any Premises and are Transported to a Disposal Site or Processing Site by (i) the Owner or Occupant of such Premises, (ii) by full-time employee of Owner or Occupant that uses the Owner's or Occupant's equipment to transport materials; or (iii) by a construction or demolition contractor performing construction or demolition work at the Premises, whose removal of the Permitted Materials is incidental to the service being performed (as defined in Section 6- 205(f)(iii) of the City's Municipal Code) and such contractor removes materials at no City of Fresno Non-Exclusive Roll-Off Agreement Page 19 additional or separate fee using contractor's employees and contractor's equipment. E. Green Waste Material. Private collection of Green Waste Material resulting from landscaping or gardening service performed by the person collecting such materials. F. Other Recyclable Materials. Private collection by any person or company that transports Recyclable Materials through use of its own vehicle(s) and receives no compensation for such Collection or Transportation. G. Materials from Public Schools and Other Government Facilities. The removal of any materials generated by public schools, cities, the County, or federal facilities (except for those facilities subject to 42 U.S.C. Section 6961(a)). This Agreement and scope of this Franchise shall be interpreted to be consistent with Applicable Law, now and during the Term of the Agreement. If future judicial interpretations of current law or new laws, regulations, or judicial interpretations limit the ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully provided and that the City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact of such future judicial interpretations or new laws. 4.3 CITY'S RIGHT TO GRANT MULTIPLE NON-EXCLUSIVE AGREEMENTS The City may grant to an unlimited number of additional Persons similar non-exclusive franchise agreements for Roll-Off Container Collection, Transportation, Recycling, Processing, Composting, and Disposal of Permitted Materials. 4.4 CITY'S RIGHT TO EXCLUDE NEWLY ANNEXED TERRITORY FROM SCOPE OF FRANCHISE The City reserves the right to exclude territory that is annexed into the corporate limits of the City after the Effective Date from the scope of this franchise. 4.5 AGREEMENT CONSISTENT WITH APPLICABLE LAW This Agreement and scope of this franchise shall be interpreted to be consistent with Applicable Law, now and during the Term. If future judicial interpretations of current law or new laws, regulations, or judicial interpretations limit the ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully provided and that the City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact of such future judicial interpretations or new laws. 4.6 OWNERSHIP OF MATERIALS Once Permitted Materials are placed in a Roll-Off Container for Collection by Contractor, City of Fresno Non-Exclusive Roll-Off Agreement Page 20 ownership, and the right to possession of such materials shall transfer directly from the Customer to Contractor. On a short-term basis not to exceed more than five calendar days per year, City may obtain ownership or possession of Permitted Materials placed in the Roll-Off Container for Collection, for purposes of waste characterization studies, upon written notice to Contractor of its intent to do so. However, nothing in this Agreement shall be construed as giving rise to any inference that City has such ownership or possession unless such written notice has been given to Contractor. 4. 7 NOTIFICATION TO CITY OF NON-FRANCHISED HAULERS If Contractor can produce evidence that other Persons are Collecting Permitted Materials and do not have rights to do so as granted by non-exclusive franchise agreement with the City or otherwise, or in a manner that is not consistent with the City's Municipal Code, Contractor shall notify the City in writing, within ten calendar days of Contractor witnessing such circumstances. The Contractor's notice shall include the name and telephone number of the Person or company Collecting Permitted Materials (if known), the date the Contractor witnessed the event, the location of the Roll-Off Container along with Contractor's evidence of the violation of the rights granted by this non-exclusive franchise. ARTICLE 5 COLLECTION, PROCESSING, AND DISPOSAL SERVICES 5.1 COLLECTION Contractor is hereby authorized to Collect Permitted Materials from residents and businesses in the City using Roll-Off Containers. Contractor shall Collect Permitted Materials from Customers that voluntarily subscribe to or request Roll-Off Container Collection services from Contractor. Contractor shall provide its Customers with a Roll-Off Container for Permitted Materials Collection or shall allow its Customers to provide a Roll- Off Container. Contractor shall Collect Permitted Materials from Premises as frequently as scheduled by Contractor or as mutually agreed with Customer, but not less than once a week for Solid Waste and Organic Materials. Contractor shall provide requested service to its Customers and shall charge Customers for service at Rates mutually agreed by Customer and Contractor. Contractor shall Transport Solid Waste Collected pursuant to this Agreement to the Designated Disposal Site and other materials to an Approved Processing Site that has been selected by the Contractor and approved by the City. The Approved Processing Site(s) must be able to demonstrate Diversion rates in accordance with Sections 4.1 and 5.3. Contractor may enter into contracts with Customers for Collection services provided that in no case shall the term of such contracts extend beyond the Term of this Agreement, and provided that in the event the City terminates this Agreement the contracts with any and all Customers shall terminate on the termination date of this Agreement. 5.2 PROCESSING AND MARKETING SERVICES City of Fresno Non-Exclusive Roll-Off Agreement Page 21 A Processing. Contractor agrees to Transport and deliver (i) all C&D it Collects in the City to the Approved C&D Processing Site, (ii) all Recyclable Materials it Collects in the City to the Approved Recyclable Processing Site, and (iii) all Organic Materials it Collects in the City to the Approved Organics Processing Site . Residue from the C&D, Recyclable Materials, and Organics Processing and Composting activities shall be Disposed of by Contractor, or its Approved Processor at an Approved Disposal Site selected by Contractor in accordance with Section 5.4. Contractor selected the Approved Processing Site(s) and Approved Disposal Site(s), which are identified in Exhibit D. Contractor shall permit or arrange for the City to inspect the Approved Processing Site(s) and observe operations at any time during the Term. Contractor or its Approved Processor(s) shall possess all permits and approvals necessary for use of the Approved Processing Site(s) in full compliance with Applicable Law, including but not limited to the requirements of Chapter 3 of Title 14 of the California Code of Regulations. Contractor shall, upon City request, provide or request from its Approved Processor(s) and provide copies of notices of violation or permits to the City. Upon request of the City, Contractor shall provide a certified statement from its Approved Processor(s) documenting its Diversion rate. If Contractor elects to use a Processing Site(s) that is different than the Approved Processing Site(s) specified in Exhibit D, it shall request written approval from the City sixty calendar days prior to use of the site and obtain the City's written approval no later than ten calendar days prior to use of the site. If Contractor is unable to use an Approved Processing Site due to an emergency or sudden unforeseen closure of the Approved Processing Site, Contractor may use an alternative Processing Site provided that (i) the Contractor provides verbal and written notice to the City within twenty-four hours of use of an alternative Processing Site, and (ii) the alternative Processing Site is fully permitted and in compliance with all Applicable Laws. The written notice shall include a description of the reasons the Approved Processing Site is not feasible, and the period of time Contractor proposes to use the alternative Processing Site. Contractor shall use the alternative Processing Site for no more than twenty-four hours without obtaining City's written approval. B. Marketing. The Contractor or its Approved Processor shall be responsible for marketing C&D, Recyclable Materials, and Organic Materials Collected in the City and Diverted. Contractor and/or its Approved Processor may retain all revenues generated from the sale of Permitted Materials that are Diverted. Upon request, Contractor or its Approved Processor shall provide proof (in the form of sales receipts showing end-user) to the City that all C&D, Recyclable Materials, and Organic Materials Diverted are marketed for Recycling or reuse in such a manner that materials shall be considered as Diverted in accordance with the State regulations established by the Act. All residual material from the Processing activities that is not marketed for use shall be accounted for as Disposal Tonnage at a permitted Disposal Site. No Recyclable Materials, Organic Materials, or C&D shall be transported to a domestic or foreign location if Solid Waste Disposal of such City of Fresno Non-Exclusive Roll-Off Agreement Page 22 material is its intended use. Contractor or its Approved Processor shall provide the City, upon written request, with a list of broker/buyers it uses to market C&D, Recyclable Materials, and Organic Materials Diverted. City may audit brokers or buyers to confirm that materials are being Recycled and Diverted from Disposal. If Contractor becomes aware that a broker or buyer has illegally handled or disposed of material generated by the City or elsewhere, Contractor shall immediately inform the City and terminate its contract or working relationship with such party immediately. Processing and Marketing Costs. Contractor shall pay all costs associated with Processing and marketing of Permitted Materials including payment of any gate fees charged at the Approved Processing Sites. 5.3 DIVERSION REQUIREMENT Contractor shall Divert from landfill Disposal at least (i) 75% by weight of all C&D it Collects within the City, (ii) 70% by weight of all Recyclable Materials it Collects within the City, and (iii) 90% by weight of all Organic Materials it Collects within the City during each calendar month by Processing, Recycling, or Composting some or all of the C&D, Recyclable Materials, and Organic Materials Collected. If Contractor fails to meet the Diversion requirements stated in the preceding paragraph during a calendar month, the City may terminate the Agreement in accordance with Section 11.5. 5.4 DISPOSAL A. Disposal of Solid Waste Collected. Contractor shall Transport all Solid Waste Collected in the City to the Designated Disposal Site, which the City specifies shall be the American Avenue Landfill in Tranquility, California. Contractor shall pay all costs associated with Transporting and Disposal of Solid Waste including payment of any gate fees charged at the Designated Disposal Site. B. Disposal of Processing Residue. Contractor shall, or shall require its Approved Processor to, Dispose of residue from Processing of C&D, Recyclable Materials, and Organic Materials Collected within the City, that are not Diverted through Processing activities, by Transporting the residue to an Approved Disposal Site specified in Exhibit D, which is lawfully authorized to accept such material. C. Permitted Site. Contractor or its Approved Processor shall only Dispose of materials at a permitted Disposal Site that is in full regulatory compliance. Contractor, or its Approved Processor, shall keep or confirm all existing permits and approvals necessary for use of the Disposal Site(s) in full regulatory compliance. Contractor shall, upon request, provide copies of notices of violation or permits to the City. D. Compliance with Regulations. Contractor shall observe and comply with all regulations in effect at the Designated Disposal Site and Approved Disposal Site(s) and cooperate with the operator thereof with respect to delivery of Solid Waste, City of Fresno Non-Exclusive Roll-Off Agreement Page 23 including directions to unload Collection vehicles in designated areas, accommodating operations and maintenance activities and complying with Hazardous Waste exclusion programs. E. Disposal at Approved Site. Contractor, or its Approved Processor, shall not Dispose of such residue by depositing it on any public or private land, in any river, stream, or other waterway, or in any sanitary sewer or storm drainage system or in any other manner which violates Applicable Laws. Contractor, or its Approved Processor, selected the Approved Disposal Site(s) for residue Disposal specified in Exhibit D. Contractor shall arrange for the City to inspect the Approved Disposal Site(s) and observe operations at any time during the Term. F. Alternative Disposal Site. If Contractor, or its Approved Processor, elects to use a Disposal Site(s) that is different than the Approved Disposal Site(s) listed in Exhibit D, it shall request written approval from the City sixty calendar days prior to use of the site and obtain the City's written approval no later than ten calendar days prior to use of the site. If Contractor, or its Approved Processor, is unable to use the Approved Disposal Site due to an emergency or sudden unforeseen closure of the Approved Disposal Site, Contractor, or its Approved Processor, may use an alternative Disposal Site provided that (i) the Contractor provides verbal and written notice to the City within twenty- four hours of use of an alternative Disposal Site, and (ii) the alternative Processing Site is fully permitted and in compliance with all Applicable Laws. The written notice shall include a description of the reasons the Approved Disposal Site is not feasible and the period of time Contractor, or its Approved Processor, proposes to use the alternative Disposal Site. Contractor shall use the alternative Disposal Site for no more than twenty-four hours without obtaining City's written approval. 5.5 BILLING Contractor shall bill all Customers and collect billings in accordance with Contractor- established Rates, which are set in a manner consistent with provisions of Section 9.3. The Contractor shall prepare, mail, and collect bills (or shall issue written receipts for cash payments) for Collection services provided by Contractor. Contractor shall be responsible for collection of payment from Customers with past due accounts. Contractor shall maintain copies of all billings and receipts, each in chronological order, for five years after expiration or termination of this Agreement. Contractor shall retrieve and make available to the City copies of the billings and receipts within five days of the Director's written request for the billings and receipts. The Contractor may, at its option, maintain those records in computer form, digitally, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timelymanner. City of Fresno Non-Exclusive Roll-Off Agreement Page 24 5.6 CUSTOMER SERVICE Contractor shall maintain a business office within the City or within a reasonable distance of the City limits approved by the Director. The business office shall staff at least one customer service representative capable of accepting payments from Customers, answering service questions, and resolving Customer service issues. Contractor shall have a toll-free Customer service telephone number and shall have staff available to answer calls from at least 8:00 a.m. to 6:00 p.m., Monday through Friday. An answering machine shall record Customer calls and voice messages between 6:00 p.m. and 8:00 a.m. ARTICLE 6 STANDARDS AND REQUIREMENTS FOR SERVICES, EQUIPMENT, AND PERSONNEL 6.1 OPERA TING DAYS, HOURS, AND SCHEDULES A. Days and Hours ofCollection 1. Residential Premises. Delivery or Collection of a Roll-Off Container to or from Residential Premises shall only occur between the hours of 6:00 a.m. and 6 :00 p.m ., any day of the week. 2. Commercial Premises. Delivery or Collection of a Roll-Off Container to or from Commercial Premises that are 200 feet or less from Residential Premises shall only occur between the hours of 6:00 a.m. and 6:00 p.m., any day of the week. Delivery or Collection of a Roll-Off Container to or from Commercial Premises that are more than 200 feet from Residential Premises shall only occur between the hours of 5:00 a.m. and 7:00 p.m., any day of the week. The Director may require modifications to hours for delivery and Collection from Commercial Premises to resolve noise complaints, and, in such case, the Director may change the allowable operating hours. 3. Exceptions. In the event of an unforeseen circumstance, the Contractor may deliver or Collect a Roll-Off Container from Residential or Commercial Premises that are 200 feet or less from Residential Premises between the hours of 5:00 a.m. and 10:00 p.m., upon prior written approval from the Director. 4. Failure to Comply. If the Contractor fails to comply with the Collection hours described in this Section, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. 6.2 COLLECTIONSTANDARDS 6.2.1 Instructions to Customer Contractor shall instruct Customers as to any preparation of Permitted Materials necessary prior to placing in the Roll-Off Container. Contractor shall, in written form, inform all Customers as to the acceptable materials that can be included in the Roll-Off Container and any unacceptable materials to be City of Fresno Non-Exclusive Roll-Off Agreement Page 25 excluded from Collection. 6.2.2 Care of Private Property Contractor shall not damage private property. Contractor shall ensure that its employees: (i) close all gates opened in making Collections, unless otherwise directed by the Customer; (ii) do not cross landscaped areas; and (iii) do not climb or jump over hedges and fences. City shall refer complaints about damage to private property to Contractor. Contractor shall repair all damage to private and public property caused by its employees to its previous condition. 6.2.3 Litter Abatement A Minimization of Spills. Contractor shall use due care to prevent vehicle oil and vehicle fuel from being spilled or scattered during Collection and Transportation operations. If any Permitted Materials are spilled or scattered during Collection or Transportation operations, the Contractor shall promptly clean up all spilled and scattered materials. Contractor shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure, hot load (combustion of material in the truck), accidental damage to a vehicle, or unless approved by the City. If Contractor fails to perform some or all of the requirements described in this Section, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A B. Clean-Up. Each Collection vehicle shall carry protective gloves, a broom, and shovel at all times for cleaning up litter and absorbent material for cleaning up liquid spills. The Contractor shall discuss instances of repeated spillage not caused by it with the Customer of the Premises where spillage occurs , and Contractor shall report such instances to City. If the Contractor has attempted to have a Customer stop creating spillage but is unsuccessful, the City will attempt, upon notice by the Contractor, to rectify such situation with the Customer. C. Covering of Loads. Contractor shall cover all Roll-Off Containers at the pickup location before Transporting materials to prevent Permitted Materials from escaping during Transportation. 6.2.4 Noise All Collection operations shall be conducted as quietly as possible and shall conform to Applicable Law. Contractor will promptly resolve any Complaints of noise during the morning or evening hours of the day to the satisfaction of the City. In the event of repeat occurrences of noise levels in excess of 75 decibels, the Contractor shall pay Liquidated Damages in accordance with Section 11.4 and Exhibit A. City of Fresno Non-Exclusive Roll-Off Agreement Page 26 6.3 VEHICLE REQUIREMENTS A. General. Vehicles used to provide services under this Agreement shall be kept in a safe, neat, clean, and operable condition at all times. If Contractor fails to keep Collection vehicles in a safe and sanitary condition, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. B. Specifications. Contractor shall register all vehicles with the California Department of Motor Vehicles. All such vehicles shall comply with California Environmental Protection Agency (EPA) noise emission and air quality regulations and other applicable noise control regulations. C. Vehicle Identification. Contractor's name, local telephone number, and a unique identification number for each vehicle used to provide services under this Agreement, shall be prominently displayed on all vehicles, in letters and numbers that are a minimum of 4 inches high. Contractor shall not place the City's logo on its vehicles. D. Cleaning and Maintenance 1. Cleaning. Collection vehicles shall be thoroughly washed and thoroughly steam cleaned as frequently as necessary to present a clean appearance of the exterior and interior compartment of the vehicle. 2. Maintenance. Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles that are not operating properly shall be taken out of service until they are repaired and operating properly. Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule or in accordance with California Highway Patrol standards, whichever are more stringent. Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to the City upon request to the extent necessary to perform the inspections described in Sections 6.3.F and 6.8. 3. Repairs. Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown, or any other cause, so as to maintain all equipment in a safe and operable condition. Contractor shall maintain accurate records of repair, which shall include the date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. 4. Storage. Contractor shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with City's applicable zoning regulations. E. Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load City of Fresno Non-Exclusive Roll-Off Agreement Page 27 vehicles in excess of the manufacturer's recommendations or limitations imposed by State or local weight restrictions for vehicles and roads. Contractor shall have each Collection vehicle weighed at each Approved Processing Sites or Designated Disposal Site to determine the unloaded weight ("tare weight") of the vehicle, and the total loaded weight of each load delivered to the Approved Processing Sites and Designated Disposal Site. F. Vehicle Inspection. City may inspect vehicles at any time to determine compliance with the requirements of this Agreement. Contractor shall make vehicles available to the City and/or Fresno County Health Department for inspection, at any frequency City reasonably requests. 6.4 ROLL-OFF CONTAINER REQUIREMENTS A. General. All Roll-Off Containers shall meet applicable Federal, State, City, and local regulations for safety. 8 . Specifications 1. Prevent Leakage. If the type of materials placed in the container may result in leakage of liquids, Contractor shall take precautions to prevent the leakage of liquids. In accordance with Section 17315 of Chapter 3 of Title 14 of the California Code of Regulations, Roll-Off Containers used to Collect garbage and putrescible materials and/or garbage and putrescibles mixed with rubbish shall be non-absorbent, water-tight, vector-resistant, durable, easily cleanable, and shall be designed for safe handling and the containment of refuse. 2. Provision of Sufficient Capacity. In accordance with Section 17315 of Chapter 3 of Title 14 of the California Code of Regulations, Containers for garbage and rubbish should be of an adequate size and in sufficient numbers to contain without overflowing, all the refuse that a household or other establishment generates within the designated removal period. 3. Use of Containers with Less than 10 Cubic Yards of Capacity. Roll-Off Containers with capacities of less than 10 cubic yards may only be used for the purposes of Collecting C&D. C. Roll-Off Container Identification. All Contractor-provided Roll-Off Containers shall prominently display the Contractor's name, local telephone number, a unique Roll- Off Container identification number, and a list of acceptable materials . As appropriate, Roll-Off Containers shall be labeled for: Solid Waste, Recyclable Materials, Organic Materials, or C&D. Such labeling may be temporary labeling in the form of magnetic or detachable signs . Any new Roll-Off Containers purchased and placed into service during the Term of this Agreement shall have bodies and/or lids which conform to the color requirements identified in Section 18984.7 of Chapter 12 of Title 14 of the California Code of Regulations as follows: gray or black for Solid Waste, blue for Recyclable Materials, City of Fresno Non-Exclusive Roll-Off Agreement Page 28 green for Organic Materials, and any other color for C&D provided that such color does not conflict with the other Roll-Off Container colors. Labels for any such new Roll-Off Containers shall comply with Section 18984.8 of Chapter 12 of Title 14 of the California Code of Regulations. If Contractor fails to comply with the provisions of this Section 6.4, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. D. Cleaning, Painting, and Maintenance. All Roll-Off Containers shall be maintained in a safe, serviceable, and functional condition. Contractor shall steam clean and repaint all Roll-Off Containers at least every two years, or more frequently, to present a clean, graffiti-free appearance. E. Roll-Off Container Inspections. City may inspect Roll-Off Containers at any time to determine compliance with sanitation requirements. Contractor shall make Containers available to the City at any frequency it requests. The City shall have the right to prohibit the use of any Roll-Off Container that fails to comply with the provisions in this Section 6.4. F. Abandoned Roll-Off Containers. Contractor shall not abandon any Roll-Off Container used to provide Permitted Materials Collection services under this Agreement. If the Contractor Abandons a Contractor-owned Roll-Off Container, City may remove the Roll-Off Container and Process and Dispose of the contents. If the City removes a Roll-Off Container Abandoned by Contractor, the City may charge Contractor for the City's costs incurred removing such Roll-Off Container, Transporting, Processing, and Disposing of its contents, and/or the cost of storing such Roll-Off Container. Contractor shall reimburse the City for such costs within fourteen calendar days of the date of the City's invoice to the Contractor for such costs . If the Contractor does not pay the invoice amount within fourteen days, the City shall become the Roll-Off Container owner if the invoice stated the City's intent to become the Container owner in lettering of at least 12 point font. For the purposes of this Section 6.4.F, "Abandon" means the following: 1. Contractor's failure to remove a Contractor-owned Roll -Off Container within five calendar days of receiving a written request from a Customer or the City or within five calendar days after the termination of the customer service agreement between Contractor and the Customer; or, 2. Contractor's failure to remove a Contractor-owned Roll-Off Container within ten calendar days upon expiration or termination of this Agreement, except in the case where Contractor has been granted an extension of the Term of the Agreement or Contractor has been granted a subsequent agreement authorizing Contractor to Collect and transport the type or types of materials for which the Roll-Off Container was used pursuant to this Agreement. City of Fresno Non-Exclusive Roll-Off Agreement Page 29 6.5 PERSONNEL A. General. Contractor shall furnish such qualified drivers, maintenance, supervisory, Customer service, clerical and other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner. B. Driver Qualifications. All drivers shall be trained and qualified in the operation of Collection vehicles, and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Contractor shall use the Class B California Department of Motor Vehicles employer "Pull Notice Program" to monitor its drivers for safety. C. Safety Training. Contractor shall provide suitable operational and safety training for all of its employees who operate Collection vehicles or equipment or who are otherwise directly involved in such Collection, Disposal, or Processing. Contractor shall train its employees involved in Collection to identify, and not to collect, Hazardous Waste or Infectious Waste. Upon the City's request, Contractor shall provide a copy of its safety policy and safety training program, the name of its safety officer, and the frequency of its trainings. D. Employee Conduct and Courtesy. Contractor shall use its best efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in Customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection employees to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services in the manner required by this Agreement, Contractor shall take all appropriate corrective measures and shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. E. Employee Identification. While performing services under this Agreement, all of the Contractor's employees performing field service shall be dressed in clean clothes and shall wear badges that include the employee's name and/or employee number, and Contractor's name, as approved by theCity. 6.6 PROHIBITED MATERIALS INSPECTIONAND HANDLING A. Response to Hazardous Waste Identified during Collection. If Contractor determines that material placed in any Roll-Off Container for Collection is a Hazardous Waste that may not legally be Disposed of at a Disposal Site or handled at the Processing Site, or presents a hazard to Contractor's employees, the Contractor shall refuse to accept such material. The Contractor shall contact the Customer and request the Customer to arrange proper Disposal. If the Generator cannot be reached immediately, the Contractor shall, before leaving the Premises, leave a tag at least two inches by six inches (2" x 6") in size, which indicates the reason for refusing to Collect the material and lists a phone number for obtaining information on proper disposal of the Hazardous Waste. Upon request by the City, such tag shall include messaging in any non-English language spoken by a substantial number of Generators in the City. Under no circumstances shall City of Fresno Non-Exclusive Roll-Off Agreement Page 30 Contractor's employees knowingly Collect Hazardous Waste. If Hazardous Waste is found in a Roll-Off Container that could possibly result in imminent danger to people or property, the Contractor shall immediately notify the City's Fire Department using the 911 emergency number. The Contractor shall notify the City of any Hazardous Waste identified in Roll-Off Containers or left at any Premises within twenty-four hours of identification of such material. B. Response to Hazardous Wastes Identified at Disposal Site or Processing Site. The Contractor, or its Approved Processor, or Disposal Site operator shall provide load checkers and equipment operators at the Processing or Disposal Site(s) to identify Hazardous Wastes for storage in approved, on-site, hazardous materials storage container(s). Contractor shall make reasonable efforts to identify and notify the Customer. Contractor shall arrange for removal of the Hazardous Wastes by permitted haulers in accordance with Applicable Laws and regulatory requirements . If the Hazardous Wastes delivered to a Disposal Site or Processing Site by Contractor before its presence is detected, and the Generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for its proper Disposal. The Contractor may make a good faith effort to recover the cost of Disposal from the Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator . C . Response to Other Prohibited Materials Identified During Collection. If Contractor determines that material placed in any Roll-Off Container for Collection is a non -hazardous contaminant for that Roll-Off Container, the Contractor may refuse to accept such material. For purposes of this Section, "non-hazardous contaminant" means: (i) materials placed in the Recyclable Materials, Organic Materials, or C&D Roll-Off Container that are not included in the list of acceptable materials for that container; or (ii) materials placed in the Solid Waste Roll-Off Container that are acceptable Recyclable Materials, Organic Materials, and/or C&D, provided the Customer has subscribed to those Collection services. Whether the Contractor Collects the material or not, the Contractor shall, before leaving the Premises, leave a tag at least two inches by six inches (2" x 6") in size, which provides information on properly separating materials, and indicates the reason for refusing to Collect the material (if applicable). Upon request by the City, such tag shall include messaging in any non-English language spoken by a substantial number of Generators in the City. If Contractor identifies non-hazardous contaminants in an individual Customer's Roll-Off Container on more than three (3) occasions, Contractor shall notify the City. D. Regulations and Record Keeping. Contractor shall keep a record of all events of non-Collection resulting from identification of prohibited materials and shall comply with emergency notification procedures required by Applicable Laws and regulatory requirements. All records required by regulations shall be maintained at the Contractor's facility. These records shall include waste manifests, waste inventories , City of Fresno Non-Exclusive Roll-Off Agreement Page 31 waste characterization records, inspection records, incident reports, and training records. 6.7 NON-DISCRIMINATION Contractor shall not discriminate in the provision of service, or the employment of Persons engaged in performance of this Agreement on account of race, color, natural origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any Applicable Law. 6.8 COMMUNICATION AND COOPERATION WITH CITY A. Communications. If requested, the Contractor shall meet with the City or its agent to discuss service issues. B. Inspection by City. The City, or its designated representatives, shall have the right to observe and review Contractor operations, Processing Sites and Disposal Sites used by Contractor, and enter Contractor's Premises for the purposes of such observation and review during reasonable hours without advance notice. C. Cooperate with City-Initiated Studies. Contractor shall cooperate with and assist the City or its agent with the performance of City-initiated studies of Permitted Materials such as, but not limited to, waste characterization and composition studies. ARTICLE 7 RECORD KEEPING AND REPORTING 7.1 GENERAL 7.1.1 Maintenance ofRecords Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with and to meet the reporting and Permitted Materials program management needs of City, the Act and other Applicable Laws, and the requirements of this Agreement. This Article is intended to highlight the general nature of records and reports to be maintained by Contractor, and their minimum content. This Article is not meant to comprehensively define what the records and reports are to be and their content. With the written direction by or approval of City, the records, and reports to be maintained and provided by Contractor in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency. Records and reporting may be revised to reflect current record keeping and reporting requirements. To the extent such requirements are set out in this and other Articles of this Agreement, they shall not be considered limiting or necessarily complete. City of Fresno Non-Exclusive Roll-Off Agreement Page 32 7.1.2 Retention ofRecords Unless otherwise required in this Article, Contractor shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus five years after its expiration or earlier termination. Records and data shall be in chronological order and readily and easily interpreted. 7.1.3 Inspection of Records The City, its auditors, and other agents, shall have the right, during regular business hours, to inspect specific documents or records required by this Agreement or any other similar records or reports of the Contractor that the City shall deem, at its sole discretion, necessary to evaluate the Contractor's performance provided for in this Agreement. The City may make copies of any documents it deems relevant to this Agreement. The City shall provide Contractor written notice at least three Business Days prior to any inspection of these records, and Contractor shall retrieve and make available to the City the requested documents and records at that time. The City reserves the right to inspect records for the purposes of auditing the Contractor's reports, reported Diversion level, and fee payments to the City. If an audit conducted by the City , or its representatives, finds : (i) that the Contractor has made any intentional misrepresentation with respect to the fees dues to the City (e.g., Franchise Fees or other fees due to the City) in an amount greater than $1,000 or 10% of the fees due to the City during the period covered by the audit, whichever is greater, or (ii) that the Diversion level is 5% different than the Diversion level reported by the Contractor, then in addition to any other remedies available to the City, Contractor shall reimburse the City for the City's costs incurred in the performance of the audit. Such reimbursement shall be paid by Contractor, along with any underpaid fees and Liquidated Damages required by Section 11.4 and Exhibit A, within thirty calendar days of the date the City notifies the Contractor of the amount due. 7.1.4 Record Security Contractor shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as fire, theft, and earthquake. Electronically maintained data and records shall be protected and backed-up. 7.2 RECORDS 7.2.1 Financial and Operational Records Contractor shall maintain accurate and complete accounting records containing the underlying financial and operating data relating to and showing the basis for computation of all revenues associated with providing Permitted Materials Collection, Transportation, Processing, Recycling , Composting , and Disposal services. The accounting records shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied. City of Fresno Non-Exclusive Roll-Off Agreement Page 33 At a minimum, the following operational records shall be maintained by Contractor for City relating to: A. Customer account information and billing records. B. Tonnage of material Collected by type (e.g., Solid Waste, Recyclable Material, Organic Material, or C&D) listed by Processing Site or Disposal Site where such materials were delivered. Where possible, information is to be separated by Residential and Commercial Customers. C. Tonnage of Recyclable Materials, Organic Material, and C&D Diverted from Disposal by Contractor and supporting documentation. D. Diversion level, which shall equal Tonnage Diverted by Contractor divided by the Tonnage Collected by Contractor multiplied by one hundred, listed separately by month for the previous quarter. Tonnage Diverted shall reflect Permitted Materials Processed less residue Disposed. E. Residue levels of Processed or Composted materials. F. Weight tickets from (i) Designated Disposal Site documenting the Tonnage of Solid Waste Collected within the City and delivered to the Designated Disposal Site; (ii) Processing Sites documenting the Tonnage of Permitted Materials Collected within the City and delivered to the Approved Processing Sites; and (iii) Approved Disposal Sites documenting the Tonnage of residue delivered to Approved Disposal Sites by vehicle, date, and time. G. End use and markets for recovered materials. Contractor shall make records available to the City upon request. 7 .2.2 Customer Records Contractor shall maintain accurate and complete records containing the number and types of accounts served by the Contractor. The records shall contain, at a minimum, the Customers name, type of business, phone number, address of Roll-Off Container delivery and Collection location, date of delivery and Collection, itemized listing of services performed, type of Permitted Material Collected, Tonnage Collected, and the amount charged to provide services. The information shall be provided to the City upon request. 7.2.3 CERCLA Defense Records City views its ability to defend itself against Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and related litigation as a matter of great importance. For this reason, the City regards its ability to prove where Permitted Materials Collected by the Contractor are taken for Processing, Recycling, Composting, Transfer, or Disposal, as well as where they are not taken, to be matters of concern. Contractor shall maintain, retain, and preserve records which can establish where Permitted Materials Collected were Processed, Composted, and Disposed (and therefore establish where City of Fresno Non-Exclusive Roll-Off Agreement Page 34 they were not). This provision shall survive the expiration or earlier termination of this Agreement. Contractor shall maintain these records for a minimum of ten years beyond expiration or earlier termination of the Agreement. Contractor shall provide these records to City (upon request or at the end of the record retention period) in an organized and indexed manner rather than destroying or disposing of them. 7.3 GENERAL REPORTING REQUIREMENTS The format of each report shall be approved by City. Contractor may propose report formats that are responsive to the objectives. Contractor agrees to mail a copy of all reports and submit all reports on computer discs, by e-mail, or by modem in a format compatible with City's software and computers at no additional charge. Contractor will provide a certification statement, under penalty of perjury, by the responsible Contractor official, that the report being submitted is true and correct to the best knowledge of such official after their reasonable inquiry. Contractor shall submit monthly reports within fifteen calendar days of the end of each month. If Contractor does not submit the monthly reports by the dates required in this Article, Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. Contractor shall submit (via mail and e-mail) all reports to: Solid Waste Division Manager City of Fresno 1325 El Dorado Street Fresno, CA 93706 7.4 MONTHLY REPORT The monthly report shall present the following information. A. Total Tonnage. Total Permitted Materials Tonnage Collected by Contractor within the City during the previous quarter, listed separately by material type and by month. B. Diverted Tonnage. Permitted Materials Tonnage Collected by Contractor within the City that was Diverted during the previous quarter, listed separately by material type and by month. C. Disposed Tonnage. Permitted Materials Tonnage Collected by Contractor within the City that was Disposed during the previous quarter, listed separately by month. D. Diversion Level. Tonnage Diverted by Contractor divided by the Tonnage Collected by Contractor multiplied by 100, listed separately by month for the previous quarter. Tonnage Diverted shall reflect Permitted Materials Processed less residue Disposed. E. C&D. Tonnage generated from construction and demolition permitted sites, noting the permit number, the site address, the Tonnage hauled, the date hauled, and the facilities to which the material was hauled. City of Fresno Non-Exclusive Roll-Off Agreement Page 35 F. Disposal and Processing Locations. Contractor shall provide a list of the names and addresses of where Permitted Materials Collected within the City during the previous quarter was Diverted and Disposed. Such list shall include the amount of Permitted Materials Tonnage Diverted and/or Disposed at each location during the previous quarter, listed separately by material type and by month. G. Prohibited Materials. Contractor shall provide a list of all instances where Contractor left a tag at a Customer Premises, as described in Section 6.6. Such list shall identify each event by Customer, reason for the tag, and whether the event resulted in non-Collection of the Customer's materials. H. Revenues. Gross revenues (e.g., cash receipts) earned on all Roll-Off Container Collection, Transportation, Processing , Recycling, Composting, and/or Disposal services provided to Customers within the City during the previous quarter, listed separately bymonth. I. Insurance. Updated insurance certificates. J. Account Information. In table format, the number of Customers within the City limits served, and number of Roll-Off Containers serviced per month listed by Roll-Off Container type (Drop Box or Compactor), Roll-Off Container size, and listed separately by Permitted Material type, and regularly scheduled service and unscheduled (on-call) service. K. Contractor Officers and Board Members. Provide a list of Contractor's officers and members of its board of directors (only required with the December monthly report each year, or in the event of a change in the officers or board members). The City reserves the right to request additional reports from Contractor, and upon City's request, Contractor shall provide information required above for the time period requested by the City. It is the desire of the City to track the above required information on an ongoing basis throughout the term of this Agreement. 7.5 AB 939 COUNTY SURCHARGE REPORTING Contractor acknowledges that City is a party to that certain AB 939 Memorandum of Understanding with the County of Fresno and various other jurisdictions dated January 6, 2008 (the "AB 939 MOU"), and further acknowledges having received and reviewed a copy of the AB 939 MOU. The Parties agree that Contractor is a "Jurisdiction's Hauler," as that term is used in Part IV, Section H of the AB 939 MOU. Contractor shall comply with all requirements of Part IV, Section Hof the AB 939 MOU that are applicable to a Jurisdiction's Hauler, including but not limited to submittal of reports and payment of the AB 939 Surcharge (as that term is defined in the AB 939 MOU). City of Fresno Non-Exclusive Roll-Off Agreement Page 36 ARTICLE 8 FRANCHISE FEES AND OTHER FEES 8.1 GENERAL Contractor shall collect the fees described in this Section from Customers through Contractor's regular billings and remit collected amounts to City monthly as described in Section 8.5. 8.2 FRANCHISE FEE In consideration of the exclusive rights provided Contractor herein, Contractor shall pay Franchise Fees to the City each month equal to 10% of actual gross Rate revenues (e.g., cash receipts) remitted to Contractor by Customers for services provided by Contractor under this Agreement. 8.3 OTHER FEES The City may set "other" additional fees, as it deems necessary. The amount, time, and method of payment and adjustment process will be set in a manner similar to that for other fees described in this Article. 8.4 ADJUSTMENT TO FEES City may adjust the fees established in this Article annually at any time during the Term of th is Agreement. 8.5 PAYMENT SCHEDULE AND LA TE FEES On or before the 20th day of each month during the Term of this Agreement, Contractor shall remit to City Franchise Fees and other fees as described in this Article. If such remittance is not paid to the City on or before the 20th day of any month, Contractor shall pay, in addition to the amount owed to City, 2% of the amount owing for that month; plus, an additional 2% owing on any unpaid balance for each following thirty calendar day period the fee remains unpaid. Each monthly remittance to City shall be accompanied by a statement itemizing each fee paid; detailing calculation of all fees; stating actual gross revenues (e.g., cash receipts) for the monthly period collected from all operations conducted or permitted by this Agreement and stating the number and size of containers serviced by Contractor for the monthly period. Each remittance including all supporting documentation shall be provided to: Attn: City Controller, Finance Department City of Fresno 2600 Fresno Street Fresno, CA 93721-3624 City of Fresno Non-Exclusive Roll-Off Agreement Page 37 8.6 OVERPAYMENT OF FEES If Contractor believes it has paid Franchise Fees or other fees as described in this Article, in excess of the fees due to the City, Contractor may submit a request for refund to the Director. If proof of overpayment is satisfactory to the Director, the Director shall authorize the City to refund the overpayment to the Contractor. Contractor shall not apply any overpayment as a credit against any Franchise Fee or other amounts payable to the City, unless specifically authorized to do so by the Director in writing. 8.7 NON-CITY FEES; AB 939 COUNTYSURCHARGE Pursuant to Section 7.5, Contractor shall pay the County of Fresno an AB 939 surcharge as applicable in accordance with the AB 939 MOU. ARTICLE 9 CONTRACTOR'S COMPENSATION AND RA TES 9.1 CONTRACTOR'S COMPENSATION Contractor's compensation for performance of all its obligations under this Agreement shall be: (i) actual Rate revenues paid to Contractor (e.g., cash receipts) by Customers that obtained Contractor's Collection services less fees dues to the City in accordance with Article 8, and (ii) revenues generated by the sale of Collected materials Diverted from Disposal. Contractor's compensation provided for in this Article shall be the full, entire, and complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, Processing, Composting, and Disposal fees, regulatory fees, City fees, taxes, insurance, bonds, overhead, operations, profit, and all other things necessary to perform all the services in the manner required by this Agreement. If Contractor's costs are more than Contractor's compensation, Contractor shall not be compensated for the difference in costs and revenues. If Contractor's costs are less than Contractor's compensation, Contractor shall retain the difference. 9.2 CITY'S RIGHT TO SET MAXIMUM RA TES The City reserves the right to establish maximum Rates for Permitted Materials Collection services provided under this Agreement if: (a) there are three or fewer companies holding non-exclusive franchise agreements for Collection of Permitted Materials, or (b) the Rates charged by the companies holding non-exclusive franchise agreements for Collection of Permitted Materials are no longer comparable to those of other jurisdictions, as reasonably determined by City. If the City chooses to exercise its right to set maximum Rates, City shall notify Contractor at least 1 8 0 calendar days prior to the date that maximum Rates become effective. In such case, City will set maximum Rates with consideration of reasonable and necessary costs for Collection, Processing, Composting, and Disposal and with the intention of setting maximum Rates that will enable parties, including the Contractor, that have executed Non-Exclusive Franchise Agreements with the City for Roll-Off Container Collection Services the ability to recover reasonable and necessary costs and a reasonable City of Fresno Non-Exclusive Roll-Off Agreement Page 38 profit. 9.3 CONTRACTOR'S RA TES Contractor shall set the Rates it charges its Customers for Roll-Off Collection services. The Contractor's Rates shall not exceed City-established maximum Rates if the City exercises its rights under Section 9.2. ARTICLE 10 INDEMNITY AND INSURANCE 10.1 INDEMNIFICATION To the furthest extent allowed by law, CONTRACTOR shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, CONTRACTOR or any other person , and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. CONTRACTOR'S obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. Contractor's duty to defend and indemnify herein shall include Damages arising from or attributable to any operations, repairs, clean-up or detoxification, or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste Collected in the City. Contractor shall be required to indemnify the City for the costs for any claims arising from the Processing, Composting, or Disposal of Permitted Materials , including, but not limited to, claims arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The foregoing is intended to operate as an agreement to defend and indemnify and hold harmless indemnities to the full extent permitted for liability pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364. In addition, Contractor's duty to defend and indemnify herein includes all fines and/or penalties imposed by the California Department of Resources Recycling and Recovery, subject to the restrictions set forth in Public Resources Code Section 40059.1, if the requirements of the Act are not met by the Contractor with respect to the Permitted Materials Collected under this Agreement, and such failure is due to Contractor delays in providing information that prevents Contractor or City from submitting reports required by the Act in a timely manner. Nothing herein shall waive or limit City's governmental immunities. This provision will survive the expiration or earlier termination of this Agreement and shall not be construed as a waiver of rights by City to contribution or indemnity from third parties. This section shall survive termination or expiration of this Agreement. City of Fresno Non-Exclusive Roll-Off Agreement Page 39 10.2 INSURANCE (a) Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City's Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Contractor of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them . Coverage shall be at least as broad as : 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations . The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability City of Fresno Non-Exclusive Roll-Off Agreement Page 40 (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2 The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence fonn and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. MINIMUM LIMITS OF INSURANCE Contractor shall procure and maintain for the duration of the contract, and for five years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: COMMERCIAL GENERAL LIABILITY (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. COMMERCIAL AUTOMOBILE LIABILITY $1,000,000 per accident for bodily injury and property damage. Workers' Compensation Insurance as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than: (v) $1,000,000 each accident for bodily injury; (vi) $1,000,000 disease each employee; and, (vii) $1,000,000 disease policy limit. UMBRELLA OR EXCESS INSURANCE In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess City of Fresno Non-Exclusive Roll-Off Agreement Page 41 insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS Contractor shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Contractor shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the City's Risk Manager or his/her designee. At the option of the City's Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) Contractor shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) A// policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days written notice has been given to City, except ten days for nonpayment of premium. Contractor is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The Commercial General, and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured. Contractor shall establish additional insured status for the City and for all ongoing and completed operations under Commercial General and Liability policies by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. City of Fresno Non-Exclusive Roll-Off Agreement Page 42 (iv) All such policies of insurance shall be endorsed so the Contractors' insurance shall be primary, and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor. (v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. (vi) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (vii) The Workers' Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees, and volunteers. PROVIDING OF DOCUMENTS -Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to City's execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of Contractor shall also be required to provide all documents noted herein. MAINTENANCE OF COVERAGE -If at any time during the life of the Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. City of Fresno Non-Exclusive Roll-Off Agreement Page 43 The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS -If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and Contractor shall ensure that City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor. ARTICLE 11 DEFAULT AND REMEDIES 11.1 EVENTS OF DEFAULT Each of the following shall constitute an event of default (Event of Default) hereunder: Contractor fails to perform its obligations under this Agreement, or future amendment to this Agreement, including, but not limited to, Contractor's failure to pay Franchise Fees and other City fees in accordance with Article 8 of this Agreement, and the breach continues for more than ten Business Days after written notice from the City for the correction thereof. A. Contractor's failure to Divert 75% of the C&D, 70% of the Recyclable Materials, and 90% of Organic Materials Collected in the City as required by Section 5.3 of this Agreement after Contractor is given an opportunity to remedy the nonperformance as described in Section 11.5. B. Any representation, warranty, or disclosure made to City by Contractor in connection with or as an inducement to entering into this Agreement or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation, warranty, or disclosure appears as part of this Agreement. C. There is a seizure or attachment (other than a pre-judgment attachment) of, or levy affecting possession on, the operating equipment of Contractor, including without limit its vehicles, maintenance or office facilities, or any part thereof of such proportion as to substantially impair Contractor's ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within 48 hours excluding weekends and Holidays. City of Fresno Non-Exclusive Roll-Off Agreement Page 44 D. Contractor files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of equipment no longer useful to Contractor or necessary for this Agreement), trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator (or similar official) of the Contractor for any part of Contractor's operating assets or any substantial part of Contractor's property, or shall make any general assignment for the benefit of Contractor's creditors, or shall fail generally to pay Contractor's debts as they become due or shall take any action in furtherance of any of the foregoing. E. A court having jurisdiction shall enter a decree or order for relief in respect of the Contractor, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor shall consent to or shall fail to oppose any such proceeding, or any such court shall enter a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor. 11.2 RIGHT TO TERMINATE UPON DEFAULT Upon a default by Contractor, the City may terminate this Agreement within ten calendar days of the default but no later than one hundred eighty calendar days after the default. Such termination shall be effective ten calendar days following the City's written notice to Contractor, and such termination shall be effective without the need for any hearing, suit, or legal action. 11.3 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE The City's right to terminate the Agreement under Section 11.2 is not exclusive, and the City's termination of the Agreement and/or the imposition of Liquidated Damages shall not constitute an election of remedies. Instead, these rights shall be in addition to any and all other legal and equitable rights and remedies which the City may have. By virtue of the nature of this Agreement, the urgency of timely, continuous, and high-quality service, the lead time required to effect alternative service, and the rights granted by City to the Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive relief. 11.4 LIQUIDATED DAMAGES A. General. The Parties find that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such City of Fresno Non-Exclusive Roll-Off Agreement Page 45 breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties further acknowledge that consistent, reliable Roll-Off Collection, Processing, and Disposal service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality-of- service commitment in executing this Agreement. The Parties recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards or fails to submit required documents in a timely manner, City and its residents and businesses will suffer damages, and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, without prejudice to City's right to treat such non-performance as an event of default under this Article, the Parties agree that the Liquidated Damages amounts established in Exhibit A of this Agreement and the following Liquidated Damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the Effective Date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set forth in the Schedule of Liquidated Damages, Exhibit A. City may determine the occurrence of events giving rise to Liquidated Damages through the observation of its own employees or representative or investigation of complaints by Customers, occupants, and Generators. Liquidated Damages will only be assessed after Contractor has been given the opportunity but failed to rectify the damages as described in this Agreement. Before assessing Liquidated Damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s) and/or non- performance. The City may review (and make copies at its own expense) all information in the possession of Contractor relating to incident{s) and non- performance. City may, within ten calendar days after issuing the notice, request a meeting with Contractor. City may present evidence of non-performance in writing and through testimony of its employees and others relevant to the incident(s) and non-performance. City will provide Contractor with a written explanation of its determination on each incident(s) and non-performance prior to authorizing the City of Fresno Non-Exclusive Roll-Off Agreement Page 46 assessment of Liquidated Damages under this Section 11.4. The decision of City shall be final, and City shall not be subject to, or required to exhaust, any further administrative remedies. C. Amount. City may assess Liquidated Damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement in the amounts specified in Exhibit A subject to annual adjustment described below. The amount of Liquidated Damages specified in Exhibit A shall be adjusted annually on the anniversary of the Effective Date. The adjustment shall be rounded to the nearest cent. Liquidated Damage amounts shall be adjusted to reflect changes in the Consumer Price Index -All Urban Consumers (CPI-U) compiled and published by the U.S. Department of Labor, Bureau of Labor Statistics, or its successor agency, using the following Bureau of Labor Statistics' parameters. • Not Seasonally Adjusted • Area -Los Angeles-Riverside-Orange County, CA • Item -All Items • Base Period -198284= 100 The formula for annual adjustment is as follows: Adjusted Liquidated Damage Amount= Then-current Liquidated Damage Amount x most current CPI -LI/previous 12-month CPI-U For example: Current Liquidated Damage Amount = $150.00 Most recently published index (January 2017) = 224.610 Index published 12 months prior to most recently published index (January 2016) = 220.719 Adjusted Liquidated Damage Amount= $150.00 x (224.610/220.719) = $152.64 If the CPI-U is discontinued or revised during the Term by the United States Department of Labor, such other government index or computation with which it is replaced shall be used to obtain substantially the same result as would be obtained if the CPI had not been discontinued or revised. D. Timing of Payment. Contractor shall pay any Liquidated Damages assessed by City within ten calendar days of the date the Liquidated Damages are assessed. If they are not paid within the ten-day period, City may order the termination of the rights or "franchise" granted by this Agreement. 11.5 DIVERSION NON-PERFORMANCE If the Contractor's Diversion level is less than 75% for C&D, less than 70% for Recyclable Materials, and/or less than 90% for Organic Materials Collected in the City for a monthly reporting period, the following steps shall be followed by the City and Contractor. City of Fresno Non-Exclusive Roll-Off Agreement Page 47 A. Warning. The City shall issue a written warning to the Contractor within thirty calendar days of receipt of the Contractor's monthly report documenting the Diversion level for the monthly reporting period. The warning notice shall specify the amount of time (i.e., "correction period") the City grants the Contractor to improve its performance and meet the Diversion requirements defined in Section 5.3. B. Opportunity to Improve Performance. The Contractor shall modify its Collection, Processing, Diversion, and public education and outreach programs (subject to the City's approval) to improve the Diversion level. At the end of the correction period, Contractor shall submit a written report to the City identifying the Diversion level and providing the supporting documentation. If the City determines that the Diversion level equals or exceeds Diversion requirements defined in Section 5.3, the Contractor shall continue to perform services in such a manner as to maintain or improve the Diversion level and the City shall waive its rights to proceed with steps outlined in subsections C and D of this Section 11.5 during the remainder of then- current reporting period . C. Liquidated Damages. If the Contractor fails to improve the Diversion level so that it is equal to or greater than Diversion requirements defined in Section 5.3 by the end of the correction period granted in subsection A of this Section, the City may levy, and Contractor shall pay, Liquidated Damages described in Section 11.4. D. Termination of the Agreement. If Contractor's fails to achieve a Diversion level that equals or exceeds Diversion requirements defined in Section 5.3 within six months of the date the City levied Liquidated Damages, the failure to meet the Diversion requirements defined in Section 5.3 shall be considered an event of default and the City may terminate the Agreement in accordance with Section 11.2. 11.6 CONDITIONS UPONTERMINATION In the event this Agreement is terminated under the provisions of this Article, the following conditions shall be effective: A. Prohibit Roll-Off Collection Services. Contractor shall have no right or authority to engage in Roll-Off Collection services in the City for a period of five years from the date of termination. After five years, should the Contractor provide proof that the event causing the Contractor to default under this Agreement has been corrected, the Contractor may reapply for a non-exclusive Roll-Off Collection service franchise, and the City, at the sole and complete discretion of the City, may reinstate the Contractor based on review of its reapplication. B. Continuing Liabilities. Contractor shall remain liable to the Cityfor: 1. Fees due in accordance with Article 8 that would otherwise be payable by the Contractor. 2. Liquidated Damages assessed pursuant to Section 11.4. City of Fresno Non-Exclusive Roll-Off Agreement Page 48 3. Reports required by Article 7 for Roll-Off Collection activities performed by Contractor up to and including the date of termination. 4. Indemnity obligations under Section 10.1. 5. Record keeping and retention obligations under Sections 7.1 and 7.2 . C. Release Customers and Generators from Obligations. Contractor shall allow Permitted Materials Generators served by Contractor to arrange for Permitted Materials Collection services with a hauler authorized to perform such services , without penalty or liability for breach of any contract between Contractor and its Customers orGenerators . D. Remove Roll-Off Containers. Contractor shall remove all of Contractor's Roll-Off Containers from all of Contractor's Collection locations and shall properly Recycle, Process, Compost, or Dispose of Permitted Materials in such Roll -Off Containers. ARTICLE 12 OTHER AGREEMENTS OF THE PARTIES 12.1 RELATIONSHIP OF PARTIES The Parties intend that Contractor shall perform the services required by this Agreement as an independent Contractor engaged by City and not as an officer nor employee of the City , nor as a partner of, or joint venturer with, the City. No employee or agent of Contractor shall be, or shall be deemed to be, an employee or agent of the City. Except as expressly provided herein, Contractor shall have control over the manner and means of conducting the Roll -Off Container Collection, Transportation, Processing, Recycling, Composting, and Disposal services performed under this Agreement, and all Persons performing such services. Contractor shall be solely responsible for the acts and omissions of its officers, employees, Subcontractors, and agents. Neither Contractor nor its officers, employees, Subcontractors, and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with the City. 12.2 PERMITS AND LICENSES Contractor shall obtain and maintain, at Contractor's sole cost and expense, all permits and licenses applicable to Contractor's operations under this Agreement which are required by any governmental agency, including a business license issued by the City of Fresno . City of Fresno Non-Exclusive Roll-Off Agreement Page 49 12.3 COMPLIANCE WITH LAW Contractor shall, at all times, at its sole cost, comply with all Applicable Laws permits and licenses of the United States, the State and the City and with all applicable regulations promulgated by Federal, State, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the Term. 12.4 GOVERNINGLAW This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 12.5 JURISDICTION Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of Fresno County in the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the Parties agree that this Agreement is made in and will be performed in Fresno County. 12.6 BINDING ON SUCCESSORS The provisions of this Agreement shall inure to the benefit to, and be binding on, the successors and permitted assigns of the Parties. 12. 7 ASSIGNMENT Neither Party shall assign its rights nor delegate or otherwise transfer its obligations under this Agreement to any other Person without the prior written consent of the other Party. Any such assignment made without the consent of the other Party shall be void and the attempted assignment shall constitute a material breach of this Agreement. Under no circumstances shall any assignment be considered by City if Contractor is in default at any time during the period of consideration. 12.8 PARTIES IN INTEREST Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the Parties to it and their representatives, successors and permitted assigns. 12.9 WAIVER The waiver by either Party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either Party of any monies which become due hereunder, shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other City of Fresno Non-Exclusive Roll-Off Agreement Page 50 Party of any provision of this Agreement. 12.10 NOTICE PROCEDURES All notices, demands, requests, proposals, approvals, consents, and other communications which this Agreement requires, authorizes, or contemplates all, shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or deposited in the United States mail, first class postage prepaid, addressed as follows: A. If to City: Director of Public Utilities, City of Fresno 2600 Fresno St., Room 3065 Fresno, CA 93721-3624 B. If to Contractor: Valley Dumpster Service LLC 1187 N. Willow Ave. STE: 103 Unit 314 Clovis, Ca 93611 The address to which communications may be delivered may be changed from time to time by a notice given in accordance with this Section. Notice shall be deemed given on the day it is personally delivered or, if mailed, three calendar days from the date it is deposited in the mail. 12.11 REPRESENTATIVES OF THEPARTIES References in this Agreement to the "City" shall mean the City Council and all actions to be taken by the City shall be taken by the City Council except as provided below. The City Council may delegate, in writing, authority to the Director and/or to other City officials and may permit such officials, in turn, to delegate in writing some or all of such authority to subordinate officers. The Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them. The Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of the Contractor in all matters related to the Agreement and shall inform the City in writing of such designation and of any limitations upon his or her authority to bind the Contractor. The City may rely upon action taken by such designated representative as actions of the Contractor unless they are outside the scope of the authority delegated to him/her by the Contractor as communicated to City. 12.12 CRIMINAL ACTIVITY OF CONTRACTOR 12.12.1 Criminal Activity For purpose of this Section, Criminal Activity shall mean any of the following events or circumstances: City of Fresno Non-Exclusive Roll-Off Agreement Page 51 A. Convictions. The entry against any Contractor Party or its officers, of a criminal conviction or a permanent mandatory or prohibitory injunction from a court, municipality, or regulatory agency of competent jurisdiction, based on acts taken in his or her official capacity on behalf of Contractor with respect to: 1. Fraud or criminal offense in connection with obtaining, attempting to obtain, procuring, or performing a public or private agreement related to municipal Solid Waste services of any kind (including Collection, Transportation, transfer, Processing, Recycling, Composting, or Disposal), including this Agreement or any amendment thereto; 2. Bribery or attempting to bribe a public officer or employee of a local, State, or Federal agency; 3. Embezzlement, extortion, racketeering, false claims, false statements, forgery, falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; 4 . Unlawful disposal of Hazardous Wastes, the occurrence of which any Contractor Party knew or should have known; 5. Violation of antitrust laws, including laws relating to price-fixing, bid- rigging, and sales and market allocation, and of unfair and anti- competitive trade practices laws; 6. Violation of securities laws; and 7. Felonies . B. Pleas. Entry of a plea of "guilty," "nolo contendere," or "no contest" by a Contractor Party based on acts taken in his, her, or its official capacity on behalf of Contractor with respect to the conduct described in preceding Section 12 .12.1.A. 12.12.2 Notice Contactor shall notify City in writing within five calendar days of occurrence of any Criminal Activity by any Contractor Party. 12.12.3 Contractor's Cure Upon occurrence of any Criminal Activity, Contractor shall immediately do or cause to be done all of the following: A. Terminate from employment or remove from office any offending individual Contractor Party, unless otherwise directed or ordered by a court or regulatory agency of competent jurisdiction or authority, and unless that termination would constitute a breach of any labor agreement entered into by Contractor, City of Fresno Non-Exclusive Roll-Off Agreement Page 52 and B. Eliminate participation by any offending individual Contractor Party in any management, supervision, or decision activity that affects or could affect, directly or indirectly, the performance of the Contractor under this Agreement. 12.12.4 Transfer and Hiring Contractor shall not allow or cause to be allowed to hire or transfer any individual from any Parent Company or subsidiary company or business entity of Contractor who has committed Criminal Activity as a Contractor representative, field supervisor, officer, or director who is directly or indirectly responsible for performance of this Agreement without obtaining prior written consent of City, following full disclosure to City of the facts and circumstances surrounding such Criminal Activity. 12.12.5 City's Remedy In the event of any occurrence of Criminal Activity, the City, in its sole discretion, may terminate the Agreement within thirty calendar days written notice to Contractor, or may impose other sanctions (which may include financial sanctions, temporary suspensions, or any other condition deemed appropriate short of termination) as it will deem proper, in the following events: A Contractor fails to comply with the foregoing obligation of this Section, or B. The Criminal Activity concerns or relates directly or indirectly to this Agreement. Contractor shall be given the opportunity to present evidence in mitigation during the thirty calendar day notice period . 12.13 ACKNOWLEDGEMENT OF PUBLIC RESOURCES CODE SECTION 49520 NOTICE If Contractor has lawfully provided solid waste collection services in the City for more than three years prior to July 1, 2022 , (and is therefore entitled to the notice provided for in Public Resources Code 49520), Contractor shall consider execution of this Agreement by the City as City's notice to Contractor, pursuant to Public Resources Code 49520, that Contractor may provide service for a period of five years beyond July 1,2022, after which time the City has the right to establish an exclusive franchise collection system. ARTICLE 13 MISCELLANEOUS AGREEMENTS 13.1 ENTIRE AGREEMENT This Agreement, including the Exhibits, represents the full and entire Agreement between the Parties with respect to the matters covered herein. 13.2 SECTION HEADINGS The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. City of Fresno Non-Exclusive Roll-Off Agreement Page 53 13.3 REFERENCES TO LAWS All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 13.4 INTERPRETATION This Agreement shall be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting. 13.5 PRONOUNS AND PLURALS; TENSE When not inconsistent with the context, words and phrases used in the present tense include the future, and words and phrases used in the singular number include the plural number. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa. 13.6 TEXT TO CONTROL The captions of the Articles or Sections in this Agreement are for convenience only and in no way define, limit, extend or describe the scope or intent of any of the provisions hereof, shall not be deemed part of this Agreement and shall not be used in construing or interpreting this Agreement. 13.7 AMENDMENT This Agreement may not be modified or amended in any respect except in writing signed by the Parties. 13.8 SEVERABILITY If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained herein. 13.9 COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be considered an original. 13.10 EXHIBITS Each of the Exhibits identified as Exhibit "A" through "D" is attached hereto and incorporated herein and made a part hereof by this reference. City of Fresno Non-Exclusive Roll-Off Agreement Page 54 IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: _____________ _ Brock D. Buche, PE, PLS, Director Department of Public Utilities APPROVED AS TO FORM ANDREW JANZ :z:?: Angela M . Karst Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: __________ _ Deputy Date a California Contractor By: Valley Dumpster Service LLC Name: Margaret Funk Title: General Partner (If corporation or LLC, Board Chair, Pres . or Vice Pres .) Name: Margaret Funk Title: General Partner (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Business License: 455266 --- City of Fresno Non-Exclusive Roll-Off Agreement Page 55 EXHIBIT A SCHEDULE FOR LIQUIDATED DAMAGES Contractor may be assessed Liquidated Damages if Contractor fails to fulfill its obligations with regards to the events listed in this Exhibit in accordance with the terms and conditions of the Agreement with regards to the time frame for accomplishing each event and nature of the responsibility associated with the event unless otherwise stated in this Exhibit. 1 . Diversion. Failure to achieve and maintain a minimum of The greater of 75% Diversion per month of all C&D Collected within the $5,000 or 10% of City, 70% Diversion per month of all Recyclable Materials the gross Rate Collected within the City, and 90% of all Organic Materials revenues received Collected within the City. for providing C&D, Recyclable Materials, and Organic Materials services in the City, for the most recent 12-month 2. Leaks, Litter or Spills. For each occurrence over five $300/ event during a calendar year of unreasonable leaks, litter, or spills of Permitted Materials near or on public streets and failure to pick u p or clean up such material immed iate ly . 3 . Unauthorized Collection Hours. For each occurrence $300/ event over five during a calendar year of Collecting Permitted Materials durin g unauthorized hours. 4 . Excessive Noise. For each occurrence over 10 during a $300/ event calendar year 5 . Cleaning Collection Vehicles. For each occurrence over $150/ event five during a calendar year for failure to keep Collection vehicles in a safe and sanitary condition. 6 . Labeling of Roll-Off Containers. For each occurrence of $500/ event Contractor's failure to correctly label Contractor-owned Ro ll-O ff Cont ai ners (i n accordance w ith Sect ion 6 .4 ). 7 . Discourteous Behavior. For each $500/ event occurrence of discourteous behavior by Collection vehicle personnel , c ustomer service 8. Injuries to Others. For each incident of personal injury to $5,000/ incident a Person requ iring medical treatment or hospitalization, where the negligence of the Contractor or its personnel was a contributing factor to the in j ury. 9 . Monthly Reports. Failure to submit monthly reports in the $300/ day* timeframe specified in this Agreement. 10. Report Hazardous Waste. For each failure to notify the $500/ event appropriate authorities of reportable quantities of Hazardous Waste. A-1 11 . Failure of Other Obligations. Failure to perform any of the $150/ for each obligations set forth in this Agreement not specifically stated obligation per day above and not corrected or proceeding in good faith to until obligation i s correct within 24 hours upon 24 hour notification oerformed * Monthly reports shall be considered late until such time as a correct and complete monthly report is received by City. For each calendar day a report is late, the daily Liquidated Damage shall be as indicated in the monthly reports section above. In placing Designee's initials at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of Liquidated Damage provisions of the time that the Agreement was made. Contractor City Initial Here: 'fY) .ff[: Initial Here : A,(M A-2 EXHIBIT B SECRETARY'S CERTIFICATION The undersigned, being the Secretary of Valley Dumpster Service LLC, a Company Name California corporation (the Company), do hereby certify that the following resolution was adopted by the Board of Directors of the Company and that such resolution has not been amended, modified or rescinded and is in full force and effect as of the date hereof: RESOLVED, that Margaret Funk be, and hereby is, authorized to Name of Designated Representative execute by and on behalf of the Company any and all agreements, instruments, documents, or papers, as he/she may deem appropriate or necessary, pertaining to or relating to the Non-Exclusive Franchise Agreement between the City of Fresno and Company for Roll-Off Container Collection, Transporting, Processing, Recycling, Composting, and Disposal of Permitted Materials and that any such action taken to date is hereby ratified and approved. Dated : 0412112023 Title B -1 8-2 This page intentionally blank EXHIBIT C STATEMENT OF APPLICANT'S UNDERSTANDING AND REPRESENTATIONS The undersigned (who is duly authorized to bind the company submitting this application) has reviewed the requirements of the non-exclusive franchise agreement for Roll-Off Collection, Transporting, Processing, Recycling , Composting, and Disposal services for Solid Waste, Recyclable Materials, Organic Mat eria ls , and C&D, its exhibits, and reference documents. In addition, the undersigned attests that this application and any other supplementary information submitted with this application do not: (i) contain any untrue statement of a material fact, (ii) contain inaccurate or misleading information, or (iii) omit to state a material fact that is necessary to make the statements made, in light of the circumstances in which they were tnade, not misleading. Print Name Date Title Compan Name 1 C -1 This page intentionally blank EXHIBIT D APPROVED PROCESSING AND RESIDUE DISPOSAL FACILITIES The following facilities were selected by the Contractor and approved by the City. Approved C&D Processing Approved Disposal Site Site (Applicable for Residue Only) * Facility name n AfT S Facility address 3YS7 '3. c.{J.1( Ave, ~t,r10 1 Ca.. q:37..?,~ RDRS number Owner Operator Approved Recyclables Approved Disposal Site I Processing (Applicable for Residue Site Only)* Facility name K,v Q",,tl Q .• hil'l1t"i lraJlts.kf Facility address I s+.:rfi·cn ' I ci.fu3 N. (<..-c.c.. Rt- F<--tsno, c ... °t:37:i.5 RDRS number Owner Operator Approved Organics Approved Disposal Site Processing (Applicable for Residue Site Only)* Facility name Facility address W os.1-<_ ffio'{lt~~ {'(Vllf of tr<Srrzl 43?13 E.. ~/hrs<>n /t-v< · fr <sv10, <2.A q37~s RDRS number Owner Operator * All Solid Waste shall be Disposed of at the Designated Disposal Facility. Contractor City Initial Here: i V/-d" Initial Here: .A/1/2 D -1 This page intentionally blank 1187 N. WILLOW AVE. STE: 103 UNIT 314 CLOVIS, CA 93611 T 559 999-5797 U WWW.VALLEYDUMPSTERSERVICE.COM Valley Dumpster Service LLC January 23,2023 City of Fresno Department of Public Utilities-Solid Waste Management Division 1325 El Dorado Fresno, Ca 93706 (559) 621-1894 Re: Non Exclusive Franchise Agreement Application Dear City of Fresno Dept. of Public Utilities-Solid Waste Management Division: Valley Dumpster Service LLC would like to submit a non-exclusive franchise agreement application for One Time Waste/Junk Removals. 1. Applicant Information: A. Valley Dumpster Service LLC B. Individual/Sole Proprietor Single Member LLC C. Mike Funk, C.O.O. (559) 999-5797 Office (559) 970-4951 Mobile info@valleydumpsterservice.com D. Valley Dumpster Service LLC 1187 N. Willow Ave. STE: 103 Unit 314 Clovis, Ca 93611 E. N/A F. Margaret Funk General Partner, Mike Funk, Partner G. Margaret Funk C.F.O, Mike Funk C.O.O. H. March 1, 2023 2 2. A. Qualifications Information: 1-3. Mike Funk Owner/Operator 18834 Via Bellagio Friant, Ca 93626 Margaret Funk Owner/Operator 18834 Via Bellagio Friant, Ca 93626 2. B. Experience: Valley Dumpster Service LLC is a new start up business owned and operated locally by Mike and Margaret Funk, a husband-and-wife team who formerly started, owned, operated and recently sold U.S. Tint/Shadow Enterprises, a licensed contractor who ran a retail location in Fresno and worked with Multiple Federal Government Agencies, The State of California, County of Fresno, City of Fresno, City of Clovis and additional cities located throughout the San Joaquin Valley for specialty flat glass window film and automotive products required for job specific projects. During this time period, Mike and Margaret Funk Privately volunteered to help family work an orchard collecting, transporting and disposing mostly vines, trees and shrubs but sometimes Waste/Junk to Approved Recycle/Waste Disposal Facilities in Fresno up until their passing and property sale in 2014. Valley Dumpster Service will be offering Residential and Commercial One-Time Collection and Transportation Service of Solid Waste/Junk Materials in various sizes of Roll-Off Containers to Various Approved Disposal Facilities Sites in and throughout the Fresno Area and will uphold the City’s Municipal Code, Article 2 Section 6 to minimize any potential environmental adverse effects. Valley Dumpster Service will maintain a website containing written rules and instructional videos with descriptions of “Accepted” and “Unaccepted” Disposable Waste Items and require a signed contract to ensure clients have read and understand this agreement prior to scheduling a container for rental service. Additionally, at drop-off, a pamphlet with listed “Terms and Conditions” will be handed out as a final reminder of this agreement. Containers will be clearly marked with the Company Name, Reflective Red and White Safety Tape Markers, “Fill Line” Level Markers and a Large 12 x 9 “No Dumping” Sign and List of Unaccepted Items Visibly Posted on the front and back of each container as well. Prior to Transportation, Valley Dumpster Service will Survey and Access the container to ensure a Safe Transportation and Disposal will be properly delivered to an Approved Disposal Facility. 3 C. Municipal References: N/A D. Customer References: 1. Property Management Eisner-Fourchy Group Anthony Reta 6393 N. Santa Lucia Way Fresno, Ca 93722 (559) 999-8748 2. Automotive Glass Shop All American Glass Vince Ceppagglia 6111 N. Blackstone Ave. Fresno Ca 93710 (559) 432-7596 3. Krueger Landscaping Tim Krueger 18934 Via Bellagio Dr. Friant, Ca 93626 (559) 287-7431 E. Proof of Insurance See Attachment F. Litigation, Regulatory Actions, and Liquid Damages None G. Criminal History None 4 3. A. Diversion Plan: Non Hazardous Waste One-Time Collection Only Valley Dumpster Service does not Accept: Paint or Solvent Liquids, Batteries, Tires, Mattresses, Large Appliances, Propane Tanks, T.V.’s, Computers, Fax Machines, Video Game Consoles, Peripheral Devices, VHS/DVD Players, Radios or Stereo Equipment which is posted on web site, on all containers and on a signed client contract. Valley Dumpster Service will use The City of Fresno Approved Disposal Facilities & Transfer Stations for Non Hazardous Waste, C&D and Wood Recycling to ensure all waste collected from clients will be separated if necessary and responsibly by the transfer station in order to properly dispose of solid waste and recycle unwanted materials. and recycle unwanted materials. In the case of Yard/Green Waste or Organic Food Scraps have been placed into a roll-off container, Valley Dumpster Service will utilize all Approved Disposal Facilities &Transfer Stations that separate and divert materials accordingly. Valley Dumpster Service LLC is committed to providing their communities with environmentally responsible “One-Time” Solid Waste/Junk Removal to businesses and homeowners located in and throughout Fresno, Clovis and the San Joaquin Valley and is dedicated to upholding the SB1383 ESAP Regulation. B. Vehicles: 1 Vehicle 2021 Chevy Silverado 6500 HD Hook Lift Crew Cab Truck New – No Plate 2 Axels GVWR – 23,000 lbs VW – 13,260 lbs. 5 C. Roll-Off Containers 6 - 15 Yard Red Roll-Off Containers 3 - 20 Yard Red Roll-Off Containers 1 - 10 Yard Red Roll-Off Container 1 – 20 Yard Pink Roll-Off Container D. Collection Schedule: Specific, One-Time Waste/Junk Drop Off, Pick-Up and Transportation Service E. Permitted Materials to be Collected: Non Hazardous Solid Waste C&D Organic F. Processing and Disposal Facilities: Mid Valley Transfer Station 2721 S. Elm Fresno, Ca 93706 Rice Road Recycler & Transfer Station 10463 N. Rice Road Fresno, Ca 93725 Waste Management of Fresno 4333 E. Jefferson Ave. Fresno, Ca 93725 CARTS (Industrial Waste and Salvage) 3457 S. Cedar Ave. Fresno, Ca 93725 Kroeker, Inc. 4627 S. Chestnut Ave. Fresno, Ca 93725 6 West Coast Waste (Wood Only) 3077 S. Golden State Frontage Rd. Fresno, Ca 93725 G. Hazardous Waste Procedures: Valley Dumpster Service shall contact the client/generator and request them to arrange proper disposal. If the generator cannot be reached immediately, Contractor shall, before leaving the premises, leave a tag at least two inches by six inches (2" x 6") in size, which indicates the reason for refusing to collect the material and lists a phone number for obtaining information on proper disposal of the hazardous 11 waste. Under no circumstances shall Valley Dumpster Service knowingly collect hazardous waste. If hazardous waste is found in a container that could possibly result in imminent danger to people or property, Valley Dumpster Service shall immediately notify the Fire Department using 911. Valley Dumpster Service shall notify the City of any hazardous waste identified in containers or left at any premises within twenty four (24) hours of identification of such material. H. Customer Service Plans: Service Times: Monday through Friday 8am to 5pm I. Billing Services: Invoices will be generated when Service is Pre-Paid in full through website and credit card will be kept on file for additional charges if necessary for Overweight Container or Non- Visible, Unauthorized HAZMAT Material has been discovered in Container at the time of Disposal. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1192 Agenda Date:8/10/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Engineering Division ADRIAN GONZALEZ, Senior Engineering Technician Public Works Department, Land Planning Section SUBJECT HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District Number 11, Annexation Number 146 (Final Tract Map Number 6383) (Located on the northeast corner of North Armstrong Avenue and East Floradora Avenue) (Council District 7) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 146 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2023-2024 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 146 (Subject to Mayor’s Veto) RECOMMENDATIONS 1. Adopt Resolution to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 146, 2. Adopt Resolution Calling Special Mailed-Ballot Election, 3. Adopt Resolution Declaring Election Results, and 4. Adopt Ordinance Levying a Special Tax for the Property Tax Year 2023-2024 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 146. EXECUTIVE SUMMARY On July 20, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023- 208 with the intent to annex territory to Community Facilities District No. 11 (CFD No. 11) at the request of the landowner (Wilson Premier Homes Inc.) of Final Tract Map No. 6383 (99 Lot Single- Family Home Subdivision). This is the noticed public hearing to consider annexing Final Tract Map No. 6383 as Annexation No. 146 to CFD No. 11 to provide funding for the Services (as hereafter City of Fresno Printed on 8/14/2023Page 1 of 3 powered by Legistar™ 8/10/2023 NE/AP 7-0 R. 2023-228, R. 2023-229 R. 2023-230 B-28/ORD. 2023-027 File #:ID 23-1192 Agenda Date:8/10/2023 Agenda #: No.6383 as Annexation No.146 to CFD No.11 to provide funding for the Services (as hereafter defined)pertaining to certain required above ground public improvements associated with this subdivision.The cost for Services is $637.21 per lot annually.If approved,the recommended resolutions and ordinance will levy a Special Tax on the properties in Final Tract Map No.6383 for identified Services. (See attached Location and Features map.) BACKGROUND Subdivision: 6383 Developer: Wilson Premier Homes Inc. Number of Lots:99 Maximum Special Tax Per Lot: $637.21 Features:Certain required above ground public improvements;including Landscaping and irrigation systems;concrete and hardscape improvements,paving,street lights,park hardscaping and amenities. On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No.11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code (City Law). The landowner of Final Tract Map No.6383 has petitioned the City of Fresno to be annexed into CFD No.11 to provide the funding for the operation and reserves for maintenance (Services)pertaining to the landscaping,trees and irrigation systems within the street rights-of-way,landscape easements and dedicated Outlots;the concrete curbs and gutters,valley gutters,sidewalks,curb ramps,street name signage,street lighting,and local street paving associated with this subdivision.Pursuant to this petition,the Council adopted Council Resolution No.2023-208,declared its intention to annex the Final Tract Map No.6383 to CFD No.11,and set the public hearing for formal consideration. (See attached Location and Features map.) Resolution No.2023-208 also directed the preparation of an Engineer’s Report describing the Services and the costs of those services and this report is on file with the City Clerk. If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax of $637.21 per residential lot to provide Services for Fiscal Year (FY)2023-2024.The Resolution of Intention adopted by Council on July 20,2023,had a clerical error stating that the estimate was for FY 2022-2023.The FY was updated to 2023-2024 for all relevant documents being adopted today. The Maximum Special Tax will be adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI) if it exceeds 2% for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a special election. Two additional resolutions are attached for Council consideration pertaining to this special election. Today’s public hearing has been duly noticed and the attached ordinance and resolutions have been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS City of Fresno Printed on 8/14/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1192 Agenda Date:8/10/2023 Agenda #: Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this action is not a project. LOCAL PREFERENCE Local preference was not implemented,as this item does not include a bid or award of a construction or services contract FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. Attachment(s): Location Map Feature Map Resolution Annex-Levy Resolution Calling Election Resolution Declaring Results Ordinance City of Fresno Printed on 8/14/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN LAND PLANNING SECTION FINAL TRACT MAP NO. 6383 DISTRICT 7 ANNEXATION NO. 146 COMMUNITY FACILITIES DISTRICT NO. 11 NORTHPEARWOOD AVENORTHARMSTRONGAVENUEE. WEATHERMAKER AVE NORTHFILBERT AVENUENORTHAPRICOTAVENUEEAST OSLIN AVENUE EAST WEATHERMAKER AVENUE EAST CARMEN AVENUE NORTHPEARWOOD AVEBUFFERS/PARKWAYS TREES & SHRUBS = 13,722 SF FEATURES TO BE ADDED BY ANNEXATION NO. 146 COMMUNITY FACILITIES DISTRICT NO. 11 LAND PLANNING SECTION CONCRETE IMPROVEMENTS: LANDSCAPE AND IRRIGATION: CURB & GUTTER = 8,645 LF VALLEY GUTTER = 2,300 SF CURB RAMPS = 1,234 SF NFINAL TRACT MAP NO. 6383 "PHASE 2 OF VTM 6201" SIDEWALK = 25,184 SF STREET LIGHTS: LOCAL STREET PAVEMENT: TOTAL = 29 EACHSMALL TREES = 34 EACH LARGE TREES = 34 EACH TURF & BEDS = 29,566 SF OUTLOT HARDSCAPE AND AMENITIES: RESIDENTIAL = 106,958 SF TRAIL = 13,470 SF *CONCRETE WALKS & PADS = 1,593 SF *SHADE STRUCTURE = 1 EACH *PICNIC TABLES = 2 EACH *BENCHES = 1 EACH *TRASH RECEPTACLES = 1 EACH *DECOMPOSED GRANITE = 740 CF 1 of 6 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 11 AND AUTHORIZING THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 146 WHEREAS, on July 20, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-208 to Annex Final Tract Map No. 6383 to the City of Fresno, Community Facilities District No. 11 (CFD No. 11) and to Authorize the Levy of Special Taxes, pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law); and WHEREAS, Council Resolution No. 2023-208, incorporating a map of the area proposed for annexation to CFD No. 11, and stating the Services (as hereafter defined) to be provided, the estimated maximum cost of providing such Services, and the rate and method of apportionment of the special tax to be levied within Annexation No. 146 of CFD No. 11 to pay for the Services with respect to Annexation No. 146 of CFD No. 11, is on file with the City Clerk of the City of Fresno (City Clerk), and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Council held a noticed public hearing, as required by City Law and Council Resolution No. 2023-208 concerning the annexation of territory to CFD No. 11; and WHEREAS, at the hearing all interested persons desiring to be heard on the annexation of territory to CFD No. 11, the facilities and services to be provided therein, and the levy of said special tax were heard; and 2 of 6 WHEREAS, at the hearing evidence was presented to this Council on the proposed annexation before it, including a report by the Public Works Director (District Report) as to the Services to be provided through CFD No. 11 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, pursuant to Government Code Section 53339.6, the City Clerk or designee did not receive written protests with respect to the proposed annexation, the specified types of services to be furnished therein, or the rate and method of apportionment of the special taxes therein, from any of the following: (1) at least 50% of the registered voters or six registered voters, whichever is more, residing within the existing community facilities district; (2) at least 50% of the registered voters or six registered voters, whichever is more, residing within the territory proposed for annexation; (3) owners of at least one-half of the area of land in the territory included in the existing community facilities district and not exempt from the special tax; or (4) owners of at least one-half of the area of land in the territory proposed for annexation and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated through protest of at least fifty percent (50%) or more of the registered voters residing within the territory proposed for annexation, or through protests of landowners not exempt from the special tax and owning at least one-half (½) of the area of land within the proposed annexation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The foregoing recitals are true and correct. 3 of 6 2. No Majority Protest. The proposed special tax to be levied within the proposed annexation has not been precluded by majority protest pursuant to City Law. 3. Prior Proceedings. The Council duly considered all prior proceedings for the proposed annexation and the levy of the special tax therein, and finds and determines that the proceedings are valid and conform to the requirements of City Law. This Council finds and determines that the proposed annexation conforms to the goals and policies that this Council adopted respecting the formation of CFD No. 11. 4. Boundaries Described. The boundaries of the proposed annexation, set forth in the map of the area proposed for annexation to CFD No. 11, recorded in the Fresno County Recorder’s Office in Book 46 at page 98 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of the Annexation No. 146. 5. Services. The types of public services proposed to be financed by Annexation No. 146 of CFD No. 11 and pursuant to City Law are those listed as services on page A-1 of Exhibit A in the District Report on file with the City Clerk (Services). A copy of which is attached as Exhibit A and incorporated herein by this reference. 6. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in CFD No. 11, including the territory to be annexed, will be levied annually within CFD No. 11, and collected in the same manner as ordinary ad valorem property taxes or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the real property parcels within the territory of the proposed annexation, in sufficient detail to 4 of 6 allow each landowner within the territory of the proposed annexation to estimate the probable maximum amount such owner must pay, are described in the District Report on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. 7. Tax Collection Authority. The Public Works Director of the City of Fresno or designee, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 621- 1492 is the officer who will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and estimating future special tax levies pursuant to City Law. 8. Tax Lien. Upon recordation of a notice of special tax lien, pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the proposed annexation area. This lien shall continue in force and effect until the special tax obligation ceases and the lien is canceled in accordance with law or until collection of the tax by the City of Fresno ceases. 9. Appropriations Limit. In accordance with City Law, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the proposed annexation, is hereby preliminarily established at $500,000 and said appropriations limit shall be submitted to the voters of the proposed annexation as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of City Law. 10. Election. Pursuant to the provisions of City Law, the levy of the special tax and the proposition to establish the appropriations limit specified above shall be submitted 5 of 6 to the qualified electors of the proposed annexation at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 11. Effective Date. This Resolution shall be effective upon final approval. Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportionment of Special Tax 6 of 6 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A A-1 City of Fresno Community Facilities District No. 11 Annexation No. 146 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 146 (Final Tract Map No. 6383) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map No. 6383, Annexation No. 146 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, fertilizing, aerating and watering grass areas, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within dedicated public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters, valley gutters, curb ramps and sidewalks, street name signage, street lighting, and local street paving associated with this subdivision. Such facilities may also include, without limitation, all hardscaping and park amenities and structures associated with the subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 146 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT A A-2 City of Fresno Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No. 11) are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III. Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. EXHIBIT B B-1 City of Fresno Community Facilities District No. 11 Annexation No. 146 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2023-2024 for Final Tract Map No. 6383 (99 lots), Phase II of Vesting Tentative Tract Map No. 6201. Final Tract Map No. 6383’s costs include services for Final Tract Map No. 6383 and Final Tract Map No. 6383’s share of services provided to Vesting Tentative Tract Map No. 6201. Vesting Tentative Tract Map No. 6201 totals 257 lots (counting the 99 from Tract No. 6383). The final maps within Vesting Tentative Tract Map No. 6201 are to share equally for a portion of the cost of Services by Community Facilities District No. 11 as calculated with Final Tract Map No. 6201 (Annexation No. 129) and Phase III of VTTM 6201. Final Tract Map No. 6383 and Phase III will pay additional costs due to added facilities for those phases. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $32,212.00 2 Other Operational Costs $707.00 3 Reserve for Replacement $28,680.00 4 Incidental Expenses $1,485.00 Total $63,084.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6383 $637.21 99 $500,000.00 Wilson Premier Homes Inc. EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 146 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT B B-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT B B-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2023-2024 for a residential unit within Final Tract Map No. 6383 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2023-2024)* Final Tract Map Number** Maximum Special Tax 6383 $637.21 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT B B-5 D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2023-2024, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 146 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6383 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CALLING SPECIAL MAILED- BALLOT ELECTION COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 146 WHEREAS, on July 20, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-208 to annex Final Tract Map No. 6383 to City of Fresno Community Facilities District No. 11 (CFD No. 11) and to authorize the levy of special taxes; and WHEREAS, Council Resolution No. 2023-208 identified the services to be provided by Annexation No. 146 of CFD No. 11 and provided an estimate of the cost of providing those services; and WHEREAS, Council Resolution No. 2023-208 contemplated the imposing of a special tax upon those properties within Annexation No. 146 of CFD No. 11 receiving said services; and WHEREAS, a report has been filed with the City Clerk of the City of Fresno (City Clerk) that describes the proposed rate and method of apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No. 11 in sufficient detail to allow all interested parties to estimate the maximum amount each property owner must pay; and WHEREAS, the levy of said proposed special tax shall be subject to the approval of the qualified electors of the territory proposed to be annexed to CFD No. 11 at a special 2 of 4 election; and WHEREAS, the Public Works Director has filed a Certificate (Certificate) in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO. 11. NOW, THEREFORE, BE IT RESOLVED by the Council as follows: 1. The levy of a special tax proposed in Council Resolution No. 2023-208 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). 2. The setting of the appropriations limit shall be submitted to the voters pursuant to City Law. 3. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved. 4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 11. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 11. 5. The Council further finds that the landowners of record owning property within the territory proposed to be annexed to CFD No. 11 are those set forth in the attachment to the Certificate and that the attachment correctly sets forth how much property is owned by each landowner and the number of votes to which each is entitled. 6. This Council approves the form, attached as Exhibit B, entitled Waiver and 3 of 4 Consent From Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 11, Annexation No. 146, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, procedures and time periods. 7. Accordingly, this Council calls the special election described herein and sets August 10, 2023 as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot. 8. The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Certificate. The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. 9. The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on Thursday, August 10, 2023, at 10:05 a.m. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Property Owner 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A A-1 SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 11 Annexation No. 146 This ballot is for the use of Wilson Premier Homes Inc., the landowner owning a portion of land within the boundaries of Final Tract Map No. 6383, Community Facilities District No. 11, Annexation No. 146, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above-named landowner is entitled to cast eleven (11) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on Thursday, August 10, 2023, at 10:05 a.m., to TODD STERMER, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno be authorized to levy a special tax, and finance the authorized services, and costs and expenses by and through its Community Facilities District No. 11, Annexation No. 146, all as specified in its Council Resolutions No. 2023-208 and No. ; and shall the appropriations limit for Community Facilities District No. 11 Annexation No. 146 be established in accordance therewith? Number of Votes YES Number of Votes NO EXHIBIT A A-2 CERTIFICATION The undersigned is the authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above- named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________, 2023. Company Name: By: Print Name: Print Title: (Attach Notary Acknowledgement) EXHIBIT B B-1 WAIVER AND CONSENT FROM PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 11, Annexation No. 146 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the owner of a portion of the property within the boundaries of Final Tract Map No. 6383 in this mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation No. 146, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and authorized to cast the ballot as the authorized representative of the landowner set forth in the first paragraph hereof, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on __________________, 2023 Company Name: By: Print Name: Print Title: (Attach Notary Acknowledgement) 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 146 WHEREAS, on August 10, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023 -______ calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriations limit for Annexation No. 146 to Community Facilities District No. 11 (CFD No. 11); and WHEREAS, the Council has received, reviewed and hereby accepts the City of Fresno City Clerk’s (City Clerk) Canvass and Statement of Election Results, dated ________________, 2023, a copy of which is attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Council finds and declares that: (a) the ballot measure on the levy of taxes and approval of an annual appropriations limit for Annexation No. 146, has been submitted to the qualified electors within the area of Annexation No. 146, pursuant to Council Resolution No. 2023 -______, and (b) the ballot measure has been passed and approved by more than two-thirds of the votes cast, in accordance with City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code (City Law). 2 of 4 2. The Council declares Annexation No. 146 to be fully formed and the property within Annexation No. 146, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2023 -______, annexing Final Tract Map No. 6383 as Annexation No. 146, and authorizing the levy of a special tax therein, and Council Resolution No. 97-126, approving local goals and policies for Community Facilities Districts, as described in the Community Facilities District Report dated as of July 25, 2023, on file with the City Clerk. 3. The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvass and Statement of Election Results 3 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A 4 of 4 CANVASS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 11 Annexation No. 146 I, TODD STERMER, City Clerk of the City of Fresno, hereby certify: I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the Council of the City of Fresno in its Council Resolution No. 2023 -______on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 11, Annexation No. 146, and held on August 10, 2023. In accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of members of City of Fresno staff representing the Public Works Department, as well as the City Clerk’s Office, have counted the ballots and canvassed the returns of such election, and hereby certify that the result of that count is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of “yes” votes cast are true and correct. Total Votes that could be cast 11 Total Votes Cast “Yes ___ Total Votes Cast “No” ___ Total Votes Cast ___ The Votes cast “Yes” equal ___% of the total votes cast. I make this certification on _____________________, 2023. ATTEST: Todd Stermer, CMC City Clerk By Deputy 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Ordinance No. BILL NO. ________ ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 2023-2024 AND FUTURE TAX YEARS WITHIN AND RELATING TO COMMUNITY FACILITIES DISTRICT NO. 11, ANNEXATION NO. 146 WHEREAS, on August 10, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023 -______, a resolution of the Council annexing territory to Community Facilities District No. 11 as Annexation No. 146, authorizing the levy of a special tax therein to pay for certain facilities and services for Annexation No. 146, and preliminarily establishing an appropriations limit therefore (Annexation Resolution), pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law); and WHEREAS, by Council Resolution No. 2023 -______, the Council called a special election on the proposition on levying a special tax and establishing an appropriations limit within Annexation No. 146; and WHEREAS, on August 10, 2023, an election was held within Annexation No. 146 and, as required by City Law, the ballot measure was passed and approved by more than two-thirds of the votes cast. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1. Pursuant to City Law, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit B to the Annexation Resolution, which is attached hereto for reference purposes, a special tax is hereby authorized and levied 2 of 4 on all taxable parcels within Annexation No. 146 for the 2023-2024 fiscal year and for each future fiscal year at the same or at a rate lower than the maximum rate of tax provided in Exhibit B to the Annexation Resolution. The special taxes levied in any fiscal year on any parcel within Annexation No. 146 shall not exceed the maximum special tax specified in Exhibit B of the Annexation Resolution, which is attached hereto for reference purposes. 2. The Public Works Director or designee is authorized and directed, with the aid of the appropriate officers and agents of the City of Fresno (City), to determine each year, the Special Tax Requirement (as that term is defined in Exhibit B of the Annexation Resolution), to prepare the annual special tax roll in the amount of Special Tax Requirement in accordance with said Exhibit B and, without further action of this Council, to provide all necessary and appropriate information to the County of Fresno (County) Auditor in the form, and within the time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County. The special tax shall be levied and collected in the same manner, shall be subject to the same penalties and the same lien priority, and the same procedure and sale for delinquency, as for ad valorem taxes. Notwithstanding the foregoing, as set forth in the Annexation Resolution and City Law, this Council reserves the right to use any method of collecting the special tax, which the Council, from time to time, may determine to be in the best interests of the City including, without limitation, direct billing by the City to the property owners and supplemental billing. The Public Works Director or designee is further authorized and directed to furnish the notices of special tax required by Section 53340.2 of the California Government Code. 3 of 4 3. The appropriate officers and agents of the City are further authorized and directed to adjust the special tax roll before the final posting of the special taxes to the County tax roll each fiscal year, as necessary to achieve a correct match of the special tax levy with the county assessor’s parcel numbers finally used by the County in sending out property tax bills. 4. If a court of competent jurisdiction finds any part of this Ordinance to be invalid or the special tax to be inapplicable to or unreasonable for any particular parcel, the balance of this Ordinance and the application of the special tax to the remaining parcels shall not be affected and shall remain in full force and effect. 5. This Ordinance shall take effect and be in force immediately upon the date of final passage, as a tax measure, pursuant to City Charter, Article VI, Section 610. Attachment: Exhibit B - Rate and Method of Apportionment of Special Tax 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT B B-1 City of Fresno Community Facilities District No. 11 Annexation No. 146 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2023-2024 for Final Tract Map No. 6383 (99 lots), Phase II of Vesting Tentative Tract Map No. 6201. Final Tract Map No. 6383’s costs include services for Final Tract Map No. 6383 and Final Tract Map No. 6383’s share of services provided to Vesting Tentative Tract Map No. 6201. Vesting Tentative Tract Map No. 6201 totals 257 lots (counting the 99 from Tract No. 6383). The final maps within Vesting Tentative Tract Map No. 6201 are to share equally for a portion of the cost of Services by Community Facilities District No. 11 as calculated with Final Tract Map No. 6201 (Annexation No. 129) and Phase III of VTTM 6201. Final Tract Map No. 6383 and Phase III will pay additional costs due to added facilities for those phases. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $32,212.00 2 Other Operational Costs $707.00 3 Reserve for Replacement $28,680.00 4 Incidental Expenses $1,485.00 Total $63,084.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6383 $637.21 99 $500,000.00 Wilson Premier Homes Inc. EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 146 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT B B-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT B B-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2023-2024 for a residential unit within Final Tract Map No. 6383 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2023-2024)* Final Tract Map Number** Maximum Special Tax 6383 $637.21 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT B B-5 D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2023-2024, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 146 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6383 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:SOPHIA PAGOULATOS, Planning Manager Planning and Development Department BY:DREW WILSON, Program Manager PARCS Department SUBJECT HEARING to consider the adoption of the Central Southeast Area Specific Plan and related Environmental Assessment, State Clearinghouse (SCH No. 2023020138), and related actions: 1. ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22- 00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. Seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2. APPROVE Plan Amendment Application P22-00400 which proposes to: a. RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b. BILL (For Introduction)(For Adoption) - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c. ***RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) (Subject to Mayor’s Veto) d. RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e. BILL (For Introduction)(For Adoption) - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3. RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to City of Fresno Printed on 8/4/2023Page 1 of 12 powered by Legistar™ 8/10/2023 REMOVED FROM AGENDA WITH NO RETURN DATE File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: maintain consistency (Exhibit S). RECOMMENDATION 1.ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22- 00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2.APPROVE Plan Amendment Application P22-00400 which proposes to: a.RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b.BILL - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c.RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) d.RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e.BILL - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3.RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to maintain consistency (Exhibit S). EXECUTIVE SUMMARY The proposed project is the adoption of the Central Southeast Area Specific Plan (“Plan”),which includes the repeal of the Roosevelt Community Plan and the Butler/Willow Specific Plan, amendment of the Fresno General Plan,and the rezoning of approximately 136 acres in the Plan Area.This report describes the planning process as well as the key elements of the Plan.The City Council initiated the land use map and guiding principles of the Plan on June 18,2020,and removed some sites from the Plan Area, detailed in City Council Resolution No. 2020-147. BACKGROUND Origins:The need for a Specific Plan for the Central Southeast Area emerged from community members who wanted an actionable plan to address a broad array of neighborhood concerns.The last comprehensive planning effort that had been undertaken in the area prior to the update of the General Plan in 2014 was the Specific Plan for the Butler/Willow Area adopted in 1971,and the Roosevelt Community Plan adopted in 1992.$550,000 in Community Development Block Grant (CDBG)funding was allocated in 2017 to finance the specific plan and a related environmental City of Fresno Printed on 8/4/2023Page 2 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: (CDBG)funding was allocated in 2017 to finance the specific plan and a related environmental assessment.The boundaries of the specific plan area are within city limits since City of Fresno CDBG funds are not allowed to be spent outside city limits (see Vicinity Map in Exhibit A). Specific Plans:The California Government Code Section 65450 defines Specific Plans and sets out the regulations for their use.Specific Plans systematically implement the Fresno General Plan for all or part of the area under its scope in one of three ways:1)by acting as statements of planning policy that refine the Fresno General Plan policies applicable to a defined area;2)by directly regulating land use,or 3)by bringing together detailed policies and regulations into a focused development scheme.The Plan most closely represents 1 and 2,since it includes new planning policy for the area, and it refines land use by amending the planned land use of a small proportion of property in the area and rezoning said property for consistency. Process:The planning process includes the following steps and was expected to be complete 3 years from the beginning of the process in 2017, however due to the COVID pandemic and other factors, the project was delayed. The process is now in Step 8. 1.Project Kick-off and Existing Conditions Report 2.Initial Community Outreach/ Develop “Big Ideas” 3.Selection of Guiding Principles and Priority Goals and Strategies 4.Recommendation of Proposed Land Use Map 5.Plan Initiation through Planning Commission and City Council 6.Completion of Environmental Assessment and Specific Plan 7.Public Review of Draft Specific Plan and Environmental Assessment 8.Adoption The outreach and participation for the planning process was multifaceted and extensive.It included numerous stakeholder interviews,three community workshops,20 mobile workshops,two surveys and nine (Committee)meetings.All Committee meetings were noticed according to the Brown Act. Hard copies of key documents were placed in the libraries and community centers in the Plan Area. The various components of the outreach process are described below: Stakeholder Interviews.The project team held stakeholder interviews on October 10 and 11,2017 with 16 different groups,which included:resident groups,Fresno Unified School District,Southeast Fresno Community Economic Development Association,religious leaders,Fresno Pacific University, community benefit organizations, and other representatives of stakeholder groups. Community Workshops.The initial phase of the planning process included three community workshops,held on June 20,July 17,and October 4,2018.They were attended by approximately 65, 75 and 20 persons,respectively.The tasks at the first workshop were to identify issues and opportunities in the Plan Area,as well as community vision and guiding principles;the second workshop invited residents to comment on “Big Ideas”for the Specific Plan and provide input on the Draft Goals and Strategies of the Plan;and the third workshop invited input on the Draft Goals and Strategies.All of the activities provided guidance to the Committee on the development of the City of Fresno Printed on 8/4/2023Page 3 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: Strategies.All of the activities provided guidance to the Committee on the development of the Guiding Principles and Proposed Land Use Map (See pages 8-10 and page 36 in Exhibit C,Central Southeast Specific Plan Initiation Report). Mobile Workshops.The project team developed an outreach process designed to overcome common barriers of public participation.Outreach efforts were integrated into established and ongoing community meetings and events.City staff brought mobile workshops to over 20 community group meetings in and near the project area, receiving input from residents. Surveys.Three surveys have been produced and distributed to residents,business owners,and other interested parties.The first survey was aimed at getting an understanding of the community’s view of the project area as well as identifying key issues and desires of the community;the second survey allowed residents to identify where they would like to see more park space;and the third survey was intended to get an initial ranking of the Plan’s goals and strategies.Approximately 255, 175,and 145 individuals responded to the survey,respectively.The results of the survey were shared with the community and the Committee. Steering Committee Meetings.A 15-member steering committee (Committee)made up of neighborhood residents,business owners,and other stakeholders was appointed by Councilmember Chavez.Represented on the committee were community organizations such as Habitat for Humanity, Leadership Counsel for Justice and Accountability,the Fresno Fair,the Fresno Center,Reading and Beyond,Neighborhood Church,and the Southeast Fresno Community Economic Development Association.The Committee’s task was to translate community input into the development of the Proposed Land Use Map and Guiding Principles.The Committee had a series of meetings on Plan- related topics and provided input to the project team.The meetings on Land Use and Goals and Strategies were structured to incorporate community input as decisions were made. Public Review Draft: There were several opportunities for community involvement that followed the release of the Public Review Draft. This included workshops to share key elements of the Plan and to solicit feedback from residents and stakeholders. It should be noted that the COVID-19 pandemic overlapped with this phase, therefore engagement occurred through written communication and online meetings. o 6 topic-based Community Conversations were held in partnership with the West Area Neighborhoods Specific Plan o Several committee meetings announcing the Public Review Draft to various bodies such as the Bicycle Pedestrian Advisory Commission, Fresno Youth Commission, Council District Project Review Committees, etc. Social media was used to share updates and announcements throughout the planning process via the City of Fresno Facebook and Twitter accounts.One radio announcement was made on Punjabi Radio USA to share information about the release of the Draft Specific Plan and the topic-based Community Conversations series. Plan documents were featured on a special webpage created for the project ( www.fresno.gov/CentralSoutheastPlan <http://www.fresno.gov/CentralSoutheastPlan> ) and hard copies were placed in the Central Branch Fresno Library and the Mosqueda branch library in the Plan Area. City of Fresno Printed on 8/4/2023Page 4 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: A project liaison was dedicated to answer questions about the Plan and communication materials were routinely provided in English, Spanish, Punjabi, and Hmong. Plan Initiation:After working with the community and stakeholders to develop guiding principles,big ideas,and a proposed land use map,the plan was initiated by the City Council on June 18,2020.As part of the Council motion,the following sites were removed from the project boundary and directed to be incorporated into the boundary of the South Central Specific Plan per Council Resolution No. 2020-147:48005006,48005026S,48005008S,48005009,48005025U,48005003,48005010S, 48005011S,48005012S,48005023U,48005017,48005016,48007053,48007065S,48011014, 48011029S,48011022,48011041S,and 48011042S;and 48006012,48006017S,48006015, 48006003,48001031U,48007051U and 48006002U which were removed from the project boundary through a Director Memo dated May 25,2023.Maps showing the initial plan boundary and the modified plan boundary after removal of these sites are included in Exhibit A. Plan Features: Plan Area.The Specific Plan Area is approximately 2,000 acres just east and southeast of Downtown Fresno and is bounded by Belmont Avenue to the north,Fourth Avenue to the west, Church Avenue to the south,and Peach Avenue to the east.Additionally,the Specific Plan Area is located within the Roosevelt Community Plan area and overlaps a portion of the Butler/Willow Specific Plan area. Relationship to Other Plans. The Central Southeast Specific Plan relates to other Fresno land use plans as follows: Specific Plan for the Butler/Willow Area.The Specific Plan for the Butler/Willow (SPBW)Area was adopted June 15,1971,and was intended primarily to provide a detailed plan for zoning and circulation of the 564-acre area surrounding the Internal Revenue Service Center.The Central Southeast Specific Plan would replace the SPBW but would carry forward any relevant policies. Roosevelt Community Plan.The Roosevelt Community Plan (RCP)was adopted on April 7,1992, and its primary purpose was to address issues and concerns affecting the community as it was experiencing growth.The RCP intended to anticipate the community’s needs and to stimulate the development of well-balanced quality neighborhoods.The Central Southeast Specific Plan would repeal the RCP to avoid overlap and confusion but would carry forward any relevant policies. General Plan.The General Plan,adopted on December 18,2014,created policies and implementation strategies to achieve a long-term vision which emphasizes infill development, complete neighborhoods,and multi-modal transportation.The Central Southeast Specific Plan utilizes the General Plan as its foundation and provides a more defined vision for the Central Southeast Area. Downtown Neighborhoods Community Plan.This plan was adopted on October 20,2016,and abuts the Plan Area to the northwest, but does not overlap it. Active Transportation Plan.The Active Transportation Plan (ATP)was adopted on March 2,2017, and serves as the city’s comprehensive guide for active transportation.The ATP envisions a complete,safe,and comfortable network of trails,sidewalks,and bikeways that serve as a means for people to safely get to their destinations while reducing roadway congestion and vehicle milesCity of Fresno Printed on 8/4/2023Page 5 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: for people to safely get to their destinations while reducing roadway congestion and vehicle miles travelled and improving the air quality.The population of the Plan Area utilizes several modes of transportation,and the Plan expands on the ATP’s vision of walking and biking in the Central Southeast Area. Parks Master Plan.The Parks Master Plan (PMP)was adopted on December 14,2017,and serves as a community-based vision and road map for planning a complete and functional park system.It examined the General Plan’s goals for park land and determined the amount of acreage needed for the city’s existing and future population.The Plan builds on the PMP by including recommendations on locations for future parks and schools for joint-use agreements. Vision Statement and Guiding Principles.The Vision Statement and Guiding Principles of the Plan were created in conjunction with the Committee (see page 24 of the Plan)and provided the foundation for all elements of the Plan. Big Ideas:The project team conducted a four-day charrette with the Committee and community members to brainstorm strategies that would stimulate positive change in Plan Area.That session helped identify key opportunity or “change”areas and accompanying design concepts that would implement the Specific Plan’s overarching vision and Guiding Principles.These land use concepts,which became known as the “Big Ideas”,were presented at a committee meeting,a community workshop,and several mobile workshops,and further refined based on community feedback.The eight Big Ideas built upon the Vision Statement and Guiding Principles and were used to create key Goals and Strategies for Land Use and Design,Transportation,Public Realm, and Infrastructure. Land Use.Using the Big Ideas and Goals and Strategies approved by the Committee as a basis, a land use map was developed.Proposed changes affect less than 10%of the total Plan Area. These changes were considered and voted on by the Committee at public meetings held on July 30 and August 13, 2019, using a voting rule of a 75% majority. Implementation.The Specific Plan articulates the community’s vision and creates an action-driven framework to transform Plan into a safe,livable,and prosperous community over the next 20 to 30 years.The Next Steps &Funding Chapter (8)outlines how to leverage existing resources, identifies collaborators,new funding sources,mechanisms,and innovative partnerships.The chapter outlines the community’s priorities,next steps,and potential funding and financing strategies to implement the Plan’s recommended improvements and programs. Public Comment on the Plan April 2021 Public Draft.The public draft of the Plan was released on April 8,2021,for a 90-day public comment period closing on July 8,2021.Four comment submissions were received,with a total of 54 discrete comments.Staff reviewed each submission,summarized the discrete comments,and provided responses to each comment.These comments and responses are recorded in the Comment Summary Matrix (see Exhibit F). Redline Summary.All changes made to the Public Draft are recorded in the Redline Summary document (see Exhibit G). Fresno General Plan Consistency The Government Code requires consistency between a General Plan and a Specific Plan.SinceCity of Fresno Printed on 8/4/2023Page 6 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: The Government Code requires consistency between a General Plan and a Specific Plan.Since the Specific Plan contains proposed land uses that are different than those on the Fresno General Plan Land Use Map (Figure LU-1)for approximately 7 percent of the Plan Area,a Fresno General Plan Amendment is proposed to ensure land use consistency between both plans.In terms of policy,the Central Southeast Specific Plan is a refinement of the Fresno General Plan that includes goals and strategies that reflect the needs and desires of residents and stakeholders. These goals and strategies are found to be consistent with those of the Fresno General Plan. Consistency with key Elements is discussed below. Economic Development.This General Plan Element focuses on a balanced economic strategy for the city.The Specific Plan can be found to be consistent with,and help implement,the following Objectives: -Objective ED-1: Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. -Objective ED-2: Support local business start-ups and encourage innovation by improving access to resources and capital and help overcome obstacles hampering economic development. -Objective ED-3: Attract and recruit businesses and offer incentives for economic development. -Objective ED-4: Cultivate a skilled, educated, and well-trained workforce by increasing educational attainment and the relevant job skill levels in order to appeal to local and non- local businesses. The Specific Plan seeks to increase the development of local uses that will help residents meet their daily needs.This includes local-serving retail and healthcare options (see ED-1,ED-2,PH-1, and PH-2 and related Strategies). Urban Form, Land Use, and Design. This General Plan Element envisions the Specific Plan Area to develop with Complete Neighborhoods that are integrated via multimodal infrastructure and transit.Complete Neighborhoods are a core value and goal of the Fresno General Plan,and this is carried into the Specific Plan as well. -Objective UF-1:Emphasize the opportunity for a diversity of districts,neighborhoods, and housing types. -Objective UF-2:Enhance the unique sense of character and identity of the different subareas of the Downtown neighborhoods. -Objective UF-14:Create an urban form that facilitates multi-modal connectivity. -Objective LU-7:Plan and support industrial development to promote job growth. -Objective LU-8:Provide for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community. The Specific Plan aligns future land uses and the built environment to the needs of the community.The proposed land use and design recommendations in the Specific Plan aim to expand opportunities for a variety of housing types that accommodate residents of all income City of Fresno Printed on 8/4/2023Page 7 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: expand opportunities for a variety of housing types that accommodate residents of all income groups,ages,and at different stages of their lives (see LU-1,LU-3,LU-4,LU-6,LU-7,LU-9,and related Strategies).It looks to provide spaces for businesses to grow through a variety of development types to create vibrant centers of commercial and community activity connected to the neighborhoods and downtown (see LU-1,LU-2,LU-3,LU-5,and related Strategies).New mixed-use development is envisioned on most opportunity sites in the Plan Area,accented by new connections,improved public spaces,and enhanced streetscapes (see LU-1,LU-2,LU-8,LU -9, and related Strategies). Mobility and Transportation.This General Plan Element envisions a multi-modal transportation system and complete streets that serve all city residents.The Specific Plan maintains this vision where a top priority is roadway improvement (including sidewalk, curb, gutter, and bike lanes). -Objective MT-1:Create and maintain a transportation system that is safe,efficient, provides access in an equitable manner, and optimizes travel by all modes. -Objective MT-2:Make efficient use of the City’s existing and proposed transportation system and strive to ensure the planning and provision of adequate resources to operate and maintain it. -Objective MT-4:Establish and maintain a continuous,safe,and easily accessible bikeways system throughout the metropolitan area to reduce vehicle use,improve air quality and the quality of life, and provide public health benefits. -Objective MT-5:Establish a well-integrated network of pedestrian facilities to accommodate safe,convenient,practical,and inviting travel by walking,including for those with physical mobility and vision impairments. -Objective MT-6:Establish a network of multi-purpose pedestrian and bicycle paths,as well as limited access trails,to link residential areas to local and regional open spaces and recreation areas and urban Activity Centers in order to enhance Fresno’s recreational amenities and alternative transportation options. -Objective MT-9:Provide public transit opportunities to the maximum number and diversity of people practicable in balance with providing service that is high in quality, convenient, frequent, reliable, cost effective, and financially feasible. Throughout the planning process, it became clear that safe, convenient access to transit, cycling and walking were a high priority for the community. The Central Southeast neighborhood has five arterials and a network of wide collector streets that present obstacles to walking and biking (see T-1, T-2, T-3, T-4, T-5, T-6, T-7, T-9, and related Strategies). Parks, Open Space and Schools. This General Plan Element contains standards for acres of parkland per population and contains policies that support urban greening and walkable access to parks. -Objective POSS-1:Provide an expanded, high quality and diversified park system, allowing for varied recreational opportunities for the entire Fresno community. -Objective POSS-2:Ensure that adequate land, in appropriate locations, is designated and acquired for park and recreation uses in infill and growth areas. -Objective POSS-3:Ensure that park and recreational facilities make the most efficient use of land; that they are designed and managed to provide for the entire Fresno community; and that they represent positive examples of design and energy conservation. City of Fresno Printed on 8/4/2023Page 8 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: -Objective POSS-9:Work with California State University, Fresno, and other institutions of higher learning in Fresno, to enhance the City’s workforce, job creation, and economic development, as well as its image and desirability as a place to live. Parks and open spaces play a critical role in the sustainability and health of the community by providing a focal point for community activities, recreation, and social interaction. Throughout the planning process, it became clear that access to quality parks, open spaces, and recreational amenities are a top priority for the community. While existing parks in the Plan Area are well-used and cherished, new parks and open space are needed to meet the goal of ensuring that every resident is within walking distance of a park. The Plan analyzes parks in the Plan Area with the same standards as the Fresno General Plan and includes policies to address the need (see P-1 and P-3 and related Strategies). Healthy Communities. This General Plan Element focuses on the relationships between the built, natural, and social environments and community health and wellness outcomes, such as death, chronic disease, and the effects of drug abuse and crime. -Objective HC-2:Create complete, well-structured, and healthy neighborhoods and transportation systems. -Objective HC-3:Create healthy, safe, and affordable housing. -Objective HC-4:Improve property maintenance. -Objective HC-5:Promote access to healthy and affordable food. -Objective HC-6:Improve access to schools and their facilities for the community. A core value of the Specific Plan is to create Complete Neighborhoods, with access to daily needs such as healthy groceries, parks, and efficient and active transportation systems- all within one’s own neighborhood (see LU-1, LU-2, LU-3, LU-5, ED-2, PH-1, PH-2, PH-3, E-1, CE-1, and related Strategies). The Plan also calls for the development of a variety of housing types that accommodate residents of all income groups, ages, and at different stages of their lives (see LU- 1, LU-3, LU-4, LU-6, LU-7, LU-9, and related Strategies). Housing Element. This General Plan Element includes objectives, policies, and programs to provide safe and affordable housing for all segments of the community. -Objective H-1:Provide adequate sites for housing development to accommodate a range of housing by type, size, location, price, and tenure. The Specific Plan also calls for the development of a variety of housing types that accommodate residents of all income groups, ages, and at different stages of their lives (see LU-1, LU-3, LU-4, LU-6, LU-7, LU-9, and related Strategies). In addition to Fresno General Plan consistency, the Government Code requires that findings be made for any proposed land use changes on housing element sites. Specifically, Section 65863 (b) of the Government Code states that no city shall reduce or permit the reduction of the residential density for any parcel at a lower residential density, unless it can make written findings that both of the following are true: 1.The reduction is consistent with the adopted Fresno General Plan; and 2.The remaining sites identified in the housing element are adequate to accommodate City of Fresno Printed on 8/4/2023Page 9 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: the jurisdiction’s share of the regional housing need allocation (RHNA). The proposed changes on housing element sites are consistent with the Fresno General Plan because the adoption of the Plan also includes a Fresno General Plan Amendment to align planned land uses and make them consistent. In addition, the Plan is consistent with Fresno General Plan and Housing Element goals, policies and objectives as noted above. The net overall change in housing capacity results in a capacity loss in the 16-30 dwelling units per acre (du/ac) very low/low-income category of 22 units; a net capacity gain in the 12-16 du/ac moderate income category of 214 units, and a capacity loss of 89 units in the 0-12 du/ac above moderate-income category. In the 16-30 du/ac category, the Housing Element Sites Inventory includes 6,340 dwelling units of excess capacity beyond the Regional Housing Needs Allocation (RHNA) of 8,834 dwelling units. The reduction of the 16-30 du/ac category results in remaining capacity of 6,318 dwelling units which exceeds the RHNA amount. Therefore, both findings above can be made (see Exhibit K). Housing Crisis Act of 2019 (SB 330) Senate Bill (“SB”) 330, also known as the Housing Crisis Act of 2019 is a housing-related bill that went into effect on January 1, 2020, and will remain in effect through January 1, 2030. One of the applicable provisions of this legislation, as it relates to Plan Amendments and Rezoning, includes limitations wherein an affected City (which includes the City of Fresno) cannot change land use or zoning designations, nor alter the intensity of existing land use designations or zone districts, in a manner that reduces housing capacity below the capacity that was available on January 1, 2018; unless there is a concurrent increase of capacity elsewhere within the city (i.e. corresponding up- zone) that ensures there is no net loss of housing capacity. The land use changes proposed by the Plan would result in a housing capacity increase of 2,316 housing units. Council District Project Review Committees The Plan Area includes Council Districts 5 and 7. The Plan was presented to the Project Review Committee of District 5, but not District 7 due to no active committee. The Council District 5 Project Review Committee reviewed the Plan on June 12, 2023, and voted (yes: 3 | no: 0 | abstain: 0 | absent: 1) to recommend approval of the project. Planning Commission:At a special meeting on May 31, 2023, the Planning Commission voted (yes: 5 | no: 0 | abstain: 0 | absent: 2) to recommend approval of the Plan. See Exhibit M for the Planning Commission Resolutions. Airport Land Use Commission. The Plan was considered by the Airport Land Use Commission at its regularly scheduled meeting on June 5, 2023. After deliberations, the ALUC found the project consistent with the Airport Land Use Consistency Plan by a unanimous vote. Notice of City Council Hearing The City Council hearing was noticed in the Fresno Bee pursuant to Section 15-5007-d of the Fresno Municipal Code (see Exhibit L). Courtesy notices were mailed to residents and property owners with proposed or requested land use changes. ENVIRONMENTAL FINDINGS The environmental analysis contained in the Initial Study and Mitigated Negative Declaration No.P22City of Fresno Printed on 8/4/2023Page 10 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: The environmental analysis contained in the Initial Study and Mitigated Negative Declaration No.P22 -00400 (Exhibit I)is tiered from Program Environmental Impact Report (EIR)SCH No.2019050005 prepared for the Fresno General Plan Update (PEIR),certified in 2021.The Project has been determined to be a subsequent project that is not fully within the scope of PEIR SCH No. 2019050005 prepared for the Fresno General Plan. Pursuant to Public Resources Code Section 21094 and California Environmental Quality Act (CEQA) Guidelines Section 15168(d),this Project has been evaluated with respect to each item on the attached environmental checklist to determine whether this project may cause any additional significant effect on the environment which was not previously examined in the PEIR. This completed environmental impact checklist form and its associated narrative reflect applicable comments of responsible and trustee agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment.The information contained in the Project application and its related environmental assessment application,responses to requests for comment,checklist,initial study narrative,and any attachments thereto,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment.It has been determined that the incremental effect contributed by this Project toward cumulative impacts is not considered substantial or significant in itself,and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures. Based upon the evaluation guided by the environmental checklist form,it was determined that there are no foreseeable substantial impacts from the Project that are additional to those identified in the Fresno General Plan PEIR.The completed environmental checklist form indicates whether an impact is potentially significant, less than significant with mitigation, less than significant, or no impact. The Initial Study has concluded that the Project will not result in any adverse effects which fall within the "Mandatory Findings of Significance"contained in Section 15065 of the CEQA Guidelines.The finding is,therefore,made that the Project will not have a significant adverse effect on the environment. The Environmental Assessment was released on February 3,2023,for a 30-day public comment period closing on March 6,2023,and then extended to conclude on April 21,2023.Four comment submissions were received.The comments focused on the need for future projects to identify potential contamination on sites in the Plan Area;water runoff capacity for new development in the Plan Area; and clarification Public Comment Period timing. LOCAL PREFERENCE N/A - No purchasing FISCAL IMPACT N/A - No expenditures City of Fresno Printed on 8/4/2023Page 11 of 12 powered by Legistar™ File #:ID 23-1120 Agenda Date:8/10/2023 Agenda #: ATTACHMENTS: Exhibit A -Vicinity Map and Plan Boundaries Exhibit B -Maps of the Roosevelt Community Plan Area & Butler/Willow Specific Plan Area Exhibit C -Proposed Planned Land Use Map Exhibit D -Proposed Changes to General Plan Planned Land Use Map Exhibit E -Proposed Changes to the Zoning Map Exhibit F -Central Southeast Area Specific Plan Public Review Draft Exhibit G -Central Southeast Area Specific Plan Redline Draft Exhibit H -Comment Summary Matrix & Comment Letters Exhibit I -Environmental Assessment Comment Letters Exhibit J -Fresno Municipal Code Findings Exhibit K -Housing Element Findings Exhibit L -Fresno Bee Notice Exhibit M -Planning Commission Resolutions Exhibit N -Resolution Approving Plan Amendment (Repeal) Exhibit O -Ordinance Approving Repeal Exhibit P-Resolution Approving Plan Amendment (adopt) Exhibit Q -Resolution Approving Plan Amendment (amend) Exhibit R -Ordinance Approving Rezone Exhibit S -Resolution Authorizing Planning & Development Director to Make Updates Exhibit T -Presentation City of Fresno Printed on 8/4/2023Page 12 of 12 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:ISRAEL TREJO, Planning Manager Planning & Development Department THROUGH:JOSE VALENZUELA, Supervising Planner Planning & Development Department BY:STEVEN LIENG, Planner Planning & Development Department SUBJECT Consideration of Plan Amendment and Rezone Application No. P22-04389, Development Permit Application No. P22-02376, and related Environmental Assessment No. P22-04389/P22-02376 pertaining to ±4.39 acres of property located on the east side of North Armstrong Avenue between East Clinton and East Shields Avenues (Council District 7) - Planning & Development Department. 1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22- 02376/P22-04389, dated June 16, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA). 2. RESOLUTION - approving Plan Amendment Application No. P22-04389, requesting authorization to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential. 3. BILL - (For introduction and adoption) Rezone Application No. P22-04389, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density)(±4.39 acres) zone district to RM-1 (Residential Multi-Family, Medium High Density)(±4.39 acres) zone district in accordance with the Plan Amendment Application. 4. APPROVE - Development Permit Application No. P22-02376, requesting authorization to construct a 64-unit, two-story multi-family residential development including a community building, subject to compliance with the Conditions of Approval dated August 10, 2023. RECOMMENDATION Staff recommends that the City Council take the following actions: 1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22- 04389/P22-02376, dated June 16, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. ADOPT RESOLUTION - approving Plan Amendment Application P22-04389, requesting authorization to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to City of Fresno Printed on 8/14/2023Page 1 of 14 powered by Legistar™ 8/10/2023 NE/AP 7-0 R. 2023-231 B-29/ORD. 2023-028 File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential 3.INTRODUCE AND ADOPT BILL -approving Rezone Application P22-04389,requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family,Extremely Low Density)(±4.39 acres) zone district to RM-1 (Residential Multi-Family,Medium High Density)(±4.39 acres)zone district in accordance with the Plan Amendment Application; and 4.APPROVE -Development Permit Application P22-02376,requesting authorization to construct a 64-unit,two-story multi-family residential development including a community building, subject to compliance with the Conditions of Approval dated August 10, 2023. EXECUTIVE SUMMARY Scott Vincent of The Vincent Company Architects,Inc.has filed Plan Amendment/Rezone Application P22-04389 and related Development Permit Application P22-02379 pertaining to approximately ±4.39 acres located on the east side of North Armstrong Avenue between East Clinton and East Shields Avenues Plan Amendment Application P22-04389 proposes to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential. The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family,Extremely Low Density) (±4.39 acres)to the RM-1 (Residential Multi-Family,Medium High Density)(±4.39 acres)zone district in accordance with the Plan Amendment Application. Related Development Permit Application P22-02376 requests to construct a 64-unit two-story multi- family residential development consisting of (12)one-bedroom one bath,(32)two-bedroom two bath, and (20)three-bedroom two bath units;including a community building.The project proposes on and off-site improvements including but not limited to one (1)point of ingress and egress;curbs,gutters, and sidewalks; and landscaping. City of Fresno Planning Commission Action On July 19,2023,the Planning Commission considered the item as presented by staff,followed by a presentation by the applicant.Two (2)members of the public spoke in opposition of the project.The concerns that were raised ranged from an increase in noise during construction,an increase in traffic, and a decrease in property values due to the proposed development of a multi-family residential apartment near existing single-family homes.All construction activity will be required to comply with the requirements of the Fresno Municipal Code.Additionally,as discussed later in this staff report,the project complies with City of Fresno requirements as related to traffic impacts.After receiving testimony,the Planning Commission voted and recommended the City Council approve the plan amendment,rezone,development permit,and related environmental assessment.The Planning Commission Resolutions (Exhibit Q) are attached for more information. City of Fresno Printed on 8/14/2023Page 2 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: BACKGROUND Plan Amendment and Rezone Application Nos.P22-04389 and related Development Permit Application P22-02376 were filed by Scott Vincent of The Vincent Company Architects,Inc.and pertains to approximately ±4.39 acres located on the east side of North Armstrong Avenue between East Clinton and East Shields Avenues Surrounding Property Information The subject property is currently vacant,and the immediate project site is in an area generally characterized by existing residential land uses.Residential Single-Family,Extremely Low Density is located to the (North),Residential Single-Family,Medium Low Density is located to the (East), Residential Single-Family,Medium Density is located to the (West),and directly (South)is vacant land. Furthermore, surrounding properties are all planned and zoned Residential land uses. Project Description Development Permit Application P22-02376 proposes a 64-unit two story multi-family residential development on ±4.39 acres at a density of 14.57 dwelling units per acre.The multi-family residential development consists of (12)one-bedroom one bath,(32)two-bedroom two bath,and (20)three- bedroom two bath units;including a community building.The project proposes on and off-site improvements including but not limited to one point of ingress and egress;curbs,gutters,and sidewalks; and landscaping. Existing Land Use and Zoning The subject property is located within the boundaries of the Fresno General Plan,McLane Community Plan,and the Fresno County Airport Land Use Compatibility Plan (ALUCP).These plans designate the subject ±4.39-acre property for Low Density Residential planned land uses.The existing underlying RS-1 (Residential Single-Family,Extremely Low Density)zone district is consistent with the Residential - Low Density planned land use designation. According to the Fresno General Plan,Residential Single-Family,Extremely Low Density is intended for areas with predominantly single-family residential development,but can also accommodate a mix of housing types,including small-lot starter homes,zero-lot line developments,duplexes,and townhomes.Under the current planned land use designation and zone district of Residential -Low Density,the proposed multi-family residential development would be prohibited.Therefore,the subject Plan Amendment and Rezone Application (P22-04389)is required to change the existing zoning and land use to a district in which this use is permissible to facilitate the proposed development. Proposed Land Use and Zoning Plan Amendment Application P22-04389 proposes to amend the Fresno General Plan to change the planned land use designations for the subject property from Low Density Residential to Medium High Density Residential (Exhibit O).The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single- Family,Extremely Low Density)(±4.39 acres)to RM-1 (Residential Multi-Family,Medium High Density)(±4.39 acres)zone district in accordance with the Plan Amendment Application (Exhibit P). The proposed underlying RM-1 zone district is consistent with the proposed Medium High Density City of Fresno Printed on 8/14/2023Page 3 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: The proposed underlying RM-1 zone district is consistent with the proposed Medium High Density Residential planned land use designation. The Medium High Density residential land use classification is intended for neighborhoods with a mix of single-family residences,townhomes,garden apartments,and multi-family units intended to support a fine-grain,pedestrian scale.This land use accommodates densities from 12 to 16 units per acre overall.Based on the subject property being ±4.39 acres,under the proposed Medium High- Density designation, the parcel will support 53 to 70 units. Housing Crisis Act of 2019 (SB 330) On October 9,2019,Governor Newsom signed Senate Bill (“SB”)330 enacting the “Housing Crisis Act of 2019.”This housing bill was effective starting January 1,2020,and later amended through the adoption of Senate Bill 8 (SB 8),effective January 1,2022,and will therefore remain in effect through January 1,2030.One of the applicable provisions of this legislation,as it relates to Plan Amendments and Rezoning,includes limitations wherein an affected City (which includes the City of Fresno) cannot change the general plan land use designation,specific plan designation,or zoning to a less intensive use,or reduce the intensity of an existing land use designation or zone district,below the density/intensity that was in effect on January 1,2018;unless,the City concurrently increases density within its plans elsewhere within the City (i.e.corresponding up-zone)to ensure the total number of available residential units remain the same,resulting in no net loss of residential development capacity.Pursuant to SB 8,“concurrently,”was amended to be defined as follows:the action is approved at the same meeting of the legislative body;the action is approved at the same meeting of the legislative body or,if the action that would result in a net less or residential capacity is requested by an applicant for a housing development project,within 180 days;and the action is included in the initiative in a manner that ensures the added residential capacity is effective at the same time as the reduction in residential capacity. In this case,the subject area of ±4.39 acres is proposing a land use change from Low Density Residential to Medium High Density Residential.The density allowed in the Low Density Residential planned land use designation is (1-3.5)dwelling units per acre.Therefore,the proposed plan amendment and rezone application would result in an increase of residential development capacity of 54 dwelling units. In accordance with SB 330 and SB 8,an affected city (including Fresno)cannot enact a change in the General Plan or Specific Plan designation or zoning to a less intensive use or reduce residential density below January 2018 levels without a concurrent up-zone.These are matters subject to Council Resolution and Ordinance.Therefore,it must be demonstrated that the proposed project will not result in a net loss prior to Council action. The proposed Plan Amendment and Rezone is consistent with SB 330 &SB 8;therefore,the City Council will not need to approve a separate proposal or initiative as there are no loss in dwelling units for the subject area. ANALYSIS Traffic Analysis The Project site has one existing street frontage located on North Armstrong Avenue.The Fresno General Plan Circulation Element designates this roadway (North Armstrong Avenue)as a collectorCity of Fresno Printed on 8/14/2023Page 4 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: General Plan Circulation Element designates this roadway (North Armstrong Avenue)as a collector street. The project will include frontage improvements including but not limited to one (1)point of ingress and egress,curbs,gutters,and sidewalks.The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan,which generally represents areas near or outside the City Limits but within the Sphere of Influence (SOI) as of December 31, 2012. In accordance with Fresno General Plan Policy MT-2-I,given that the project includes a General Plan amendment,a Traffic Impact Study (TIS)is required.However,the project site and surrounding area already has appropriate multi-modal infrastructure improvements.As such,the City Traffic Engineer determined that a trip generation comparison would suffice in lieu of a TIS.A Trip Generation Analysis (TGA)was prepared by JLB Traffic Engineering,Inc.dated October 8,2021 (Exhibit M)to evaluate the potential difference in traffic generation. As identified in the TGA,vehicle trips and generation rates projected to be generated by the proposed project were calculated using the Institute of Traffic Engineers (ITE)Trip Generation Manual, 10th Edition. Based upon the existing Low Density Residential planned land use density and acreage allocations currently designated by the Fresno General Plan,the subject property (if it were to be developed with single-family detached housing units)is anticipated to generate approximately 132 Average Daily Trips (ADT)with ten (10)vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 14 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period. Based upon the proposed change in land use from RS-1 (Residential Single-Family,Extremely Low Density)to RM-1 (Residential Multi-Family,Medium High Density),at full buildout the proposed project is projected to generate 468 Average Daily Trips (ADT)with 29 vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 36 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period. Compared to that which could be developed consistent with the General Plan,the proposed project is estimated to generate a net increase of 336 average daily trips,19 morning peak hour trips and 22 evening peak hour trips.Therefore,in accordance with GP Policy MT-2-I,the City Traffic Engineer determined that a full TIS was not necessary for the project. The Public Works Department,Traffic Engineering Division has reviewed the potential traffic related impacts for the proposed project 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 standard city requirements for street improvements and subject to the project specific mitigation measures determined applicable by the City of Fresno Traffic Engineer.These requirements generally include:(1)Local street dedications;(2)Street improvements,(including,but not limited to,construction of concrete curbs,gutters,pavement,underground street lighting systems; and,(3)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 (RTMF)Fee.These requirements are outlined within the memorandum from the Public Works Department dated January 27, 2023. City of Fresno Printed on 8/14/2023Page 5 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: Vehicle Miles Traveled (VMT) Analysis 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 car 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 evaluate a project’s vehicle miles traveled,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 vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence.Any assumptions used to estimate vehicle miles traveled and any revision 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 Vehicle Miles Traveled Thresholds,pursuant to Senate Bill 743 to be effective 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 Fresno VMT Thresholds. 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.These criteria may be size,location,proximity to transit,of trip making potential.In general development projects that are consistent with the City's General Plan and Zoning and that that meet one or more of the following criteria can be screened out from a quantitative VMT analysis. 1.Project Located in a Transit Priority Area/High Quality Transit Corridor (within 0.5 miles of a transit stop). 2.Project is Local-serving Retail of less than 50,000 square feet. 3.Project is a Low Trip Generator (Less than 500 average daily trips) 4.Project has a High Level of Affordable Housing Units 5.Project is an institutional/Government and Public Service Uses 6.Project is located in a Low VMT Zone The City of Fresno VMT Thresholds Section 3.1 regarding Development Projects states that if a project constitutes a General Plan Amendment or a Rezone,none of the screening criteria may apply,and that the City must evaluate such projects on a case-by-case basis.Here the ProjectCity of Fresno Printed on 8/14/2023Page 6 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: apply,and that the City must evaluate such projects on a case-by-case basis.Here the Project includes both a General Plan Amendment and a Rezone and does not meet the screening criteria.As such, a quantitative VMT analysis is required. For projects that are not screened out,a quantitative analysis of VMT impacts must be prepared and compared against the adopted VMT thresholds of significance.The Fresno VMT Thresholds document includes thresholds of significance for development projects,transportation projects,and land use plans.These thresholds of significance were developed using the County of Fresno as the applicable region,and the required reduction of VMT (as adopted in the Fresno VMT Thresholds) corresponds to Fresno County’s contribution to the statewide GHG emission reduction target.In order to reach the statewide GHG reduction target of 15%,Fresno County must reduce its GHG emissions by 13%. The method of reducing GHG by 13% is to reduce VMT by 13% as well. VMT is simply the product of a number of trips and those trips’lengths.The first step in a VMT analysis is to establish the baseline average VMT,which requires the definition of a region.The CEQA Guidelines for Vehicle Miles Traveled Thresholds for the City of Fresno (June 25,2020) provide that the Fresno County average VMT per capita (appropriate for residential land uses)and employee (appropriate for office land uses)are 16.1 VMT per capita and 25.6 VMT per employee, respectively. The City’s threshold targets a 13% reduction in VMT for residential and office land uses. The City’s adopted thresholds for development projects correspond to the regional thresholds set by the Fresno Council of Governments (COG).For residential and non-residential (except retail) development projects,the adopted threshold of significance is a 13%reduction,which means that projects that generate VMT in excess of a 13%reduction from the existing regional VMT per capita or per employee would have a significant environmental impact.Projects that reduce VMT by more than 13%are less than significant.For retail projects,the adopted threshold is any net increase in VMT per employee compared to existing VMT per employee. Per the City of Fresno VMT Guidelines,Project VMT may be calculated using the Fresno COG VMT Calculation Tool for residential projects having less than or equal to 500 dwelling units or office projects having less than or equal to 375 employees.Because this project is for multi-family residential and there are less than 500 dwelling units,the Fresno COG VMT Analysis Tool was used to determine the Project VMT. Quantitative assessments of the VMT generated by the Project have been determined using the Fresno COG VMT Analysis Tool.The number of units and location were entered to conduct a Project- specific VMT analysis using the Fresno COG VMT Analysis Tool.Based on the output,the Project is expected to have a VMT of 9.5 per capita and does not exceed the City’s VMT threshold of 16.01 VMT per capita. Based on these results,there is not a significant impact to VMT associated with this Project pursuant to the City of Fresno VMT analysis guidelines concerning consistency with CEQA Guidelines Section 15064.3(b). Additionally,had the proposed project not required a general plan amendment or rezone,the development of the 64-unit apartment project would have otherwise been eligible to screen out because it would have been considered a low trip generator due to the project proposing a total of 431 Active Daily Trips, which is below the threshold of 500 ADT. City of Fresno Printed on 8/14/2023Page 7 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: Public Services Sewer The nearest sanitary sewer main to serve the proposed project is an 8-inch sewer main located in North Armstrong Avenue.The applicant will be required to install sewer house branches to the property,abandon any existing on-site private septic systems,and pay applicable sewer connection charges and fees.The requirements listed above,and additional requirements have been listed in the Department of Public Utilities memo dated January 11, 2023. Water The nearest water main to serve the proposed project is a 16-inch water main located in North Armstrong Avenue.Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated January 11, 2023. Solid Waste The project was reviewed by the Department of Public Utilities to ensure that the proposed trash enclosures for the project comply with any applicable policies related to capacity,access,and overall design to ensure that service can be provided to the site without impacts to the site,surrounding properties,or solid waste service to the city.The requirements listed above,and additional requirements have been listed in the Department of Public Utilities memo dated January 11, 2023. FMFCD The subject property is located in the Fresno Metropolitan Flood Control District’s (FMFCD)Drainage Area “BS.”The FMFCD has indicated that the proposed development is not located within a flood prone area.These as well as additional requirements are listed in the memorandum from FMFCD dated January 3 and January 4, 2023. Fire The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to future requirements for development which will include requirements incorporated into the Conditions of Approval. Review for compliance with fire and life safety requirements for the interior of proposed building and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code. Fresno Municipal Code Given that corrected exhibits are required that demonstrate compliance with the conditions of approval provided for the project dated August 10,2023 (Exhibit I),Plan Amendment and Rezone Application P22-04389 and related Development Permit Application P22-02376 will meet all of the provisions of the FMC,including but not limited to setbacks,transition standards,open space, parking,landscaping,and connectivity,and will comply with all applicable design guidelines and development standards for residential multi-family uses in the RM-1 (Residential Multi-Family, Medium High Density)zone district.Therefore,the project is consistent with the standards and requirements of the Fresno Municipal Code. City of Fresno Printed on 8/14/2023Page 8 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Plan Amendment and Rezone Application P22-04389 and Development Permit Application P22-02376 (Exhibit I).The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated August 10, 2023. Public Notice and Input Neighborhood Meeting On June 14,2022,the applicant held a neighborhood meeting,in accordance with FMC Sections 15- 5805 and 15-5006.The applicant mailed notices to property owners within 1,000 feet of the subject property.The applicant prepared and presented an overview of the project,including exhibits of the proposed development. A summary of the meeting provided as part of (Exhibit K). Council District 7 Project Committee Review The Council District 7 Project Review Committee is currently inactive. Notice of City Council Hearing In accordance with Section 15-5007 of the FMC,the Planning and Development Department mailed notices of this public hearing to surrounding property owners within 1,000 feet of the subject property on July 28, 2023 (Exhibit L). LAND USE PLANS AND POLICIES Fresno General Plan Residential Multi-Family districts are intended to accommodate a range of variety of multi-family housing types for individual lifestyles and space needs,and to ensure continued availability of a full range of affordable housing opportunities necessary to sustain a diverse labor force,consistent with the City's economic development and housing objectives of the General Plan. The Fresno General Plan provides goals,objectives,and policies to guide development.As proposed, the project will be consistent with the following Fresno General Plan goals: ·Provide opportunities for the development of higher-density and affordable housing in neighborhoods throughout the city. ·Preserve,protect,and enhance the character of the city's medium and high-density neighborhoods. Promote the development of walkable, transit-supported neighborhoods. ·Ensure that the scale and design of new development and alterations to existing structures are compatible with the scale, mass, and character of their neighborhoods. City of Fresno Printed on 8/14/2023Page 9 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: ·Ensure adequate light, air, privacy, and outdoor living area for each dwelling. ·Ensure the provision of services and facilities needed to accommodate planned population densities and to achieve complete neighborhoods in the city's existing and future residential areas in accordance with the General Plan. ·Provide for appropriate densities within the ranges established in the General Plan.Protect the quality of the residential environment and secure the health,safety,and general welfare of the residents. ·Implement and provide appropriate regulations for General Plan classifications of "Medium High Density Residential,""Urban Neighborhood Density Residential,"and "High Density Residential." Plan Amendment and Rezone Application P22-04389 and related Development Permit Application P22-02376 meets the goals,policies,and objectives of the Fresno General Plan.The following are excerpts of such objectives. General Plan 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. General Plan 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. General Plan Goal 10:Emphasize increased land use intensity and mixed-use development at densities supportive of greater use of transit in Fresno. Objective LU-1 -Establish a comprehensive citywide land use planning strategy to meet economic development objectives,achieve efficient and equitable use of resources and infrastructure,and create an attractive living environment. ·Policy LU-1-a -Promote new development,infill,and rehabilitation of existing building stock in the Downtown Planning Area,along BRT corridors,in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City. 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. ·Policy LU-2-a -Promote the development of vacant,underdeveloped,and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. Objective UF-1:Emphasize the opportunity for a diversity of districts,neighborhoods,and housing types. City of Fresno Printed on 8/14/2023Page 10 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: ·Policy UF-1-a:Diverse Neighborhoods.Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. ·Policy UF-1-e:Unique Neighborhoods.Promote and protect unique neighborhoods and mixed-use areas throughout Fresno that respect and support various ethnic,cultural,and historic enclaves;provide a range of housing options,including furthering affordable housing opportunities;and convey a unique character and lifestyle attractive to Fresnans.Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts. ·Policy UF-1-f:Complete Neighborhoods,Densities,and Development Standards.Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan. The proposed plan amendment meets the intent of the goals,objectives,and policies of the Fresno General Plan referenced herein above.Approval of the plan amendment and rezone would facilitate and achieve the above-mentioned goals,objectives,and policies of the General Plan.The subject property’s current use is a retail nursery,and the immediate project site is in an area generally characterized by existing residential land uses.Residential Single-Family,Extremely Low Density is located to the (North),Residential Single-Family,Medium Low Density is located to the (East), Residential Single-Family,Medium Density is located to the (West),and directly (South)is vacant land.The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses.The project also proposes a building of high-quality design at a scale compatible with the surrounding area;therefore,the project fosters a high-quality design and would contribute to the surrounding properties as they are all planned and zoned Residential land uses. McLane Community Plan Upon reviewing the policies in the McLane Community Plan,staff has determined that no policies are applicable or more restrictive than those in the Fresno Municipal Code (FMC)or the Fresno General Plan. Fresno County Airport Land Use Compatibility Plan The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan (ALUCP).The project site is located within the (Fresno Yosemite International Airport (FYIA)Safety Zone 6 -Traffic Pattern Zone and is not located within a Noise Contour. Listed uses prohibited in Traffic Pattern Zone 6 include hazards to flight. The Airport Land Use Commission is expected to review the project at their August 7,2023,regular meeting. ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines.This process included City of Fresno Printed on 8/14/2023Page 11 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: requirements of the California Environmental Quality Act (CEQA)Guidelines.This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration. Pursuant to the California Public Resources Code (PRC)§§21093 and 21094 and California Environmental Quality Act (CEQA)Guidelines §§15070 to 15075,15150,and 15152,this project has been evaluated with respect to each item on the attached Appendix G/Initial Study Checklist to determine whether this project may cause any additional significant effect on the environment,which was not previously examined in the PEIR.After conducting a review of the adequacy of the PEIR pursuant to PRC §21157.6(b)(1)and CEQA Guidelines §§15151 and 15179(b),the Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete, has become available. The completed Appendix G/Initial Study Checklist,its associated narrative,technical studies,and mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment.The information contained in the project application and its related environmental assessment application,responses to requests for comment,checklist,Initial Study narrative,and any attachments thereto,combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment.It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures. With mitigation imposed under the PEIR and project specific mitigation,there is no substantial evidence in the record that this project may have additional significant,direct,indirect,or cumulative effects on the environment that are significant and that were not identified and analyzed in the PEIR. The Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete has become available. Based upon the evaluation guided by the Appendix G/Initial Study Checklist,it was determined that there are project specific foreseeable impacts which require project level mitigation measures. The Initial Study has concluded that the proposed project will not result in any adverse effects, which fall within the "Mandatory Findings of Significance"contained in §15065 of the State CEQA Guidelines.The finding is,therefore,made that the proposed project will not have a significant adverse effect on the environment. Public notice has been provided regarding staff’s finding in the manner prescribed by §15072 ofCity of Fresno Printed on 8/14/2023Page 12 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: Public notice has been provided regarding staff’s finding in the manner prescribed by §15072 of the CEQA Guidelines and by § 21092 of the PRC Code (CEQA provisions). Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1) and (2). A Public Notice of the attached Mitigated Negative Declaration for Environmental Assessment Application P22-04389/P22-02376 (Exhibit M)was published and filed to the State Clearing House on June 16, 2023, which commenced a 20-day comment period. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,staff concludes that the required findings of Sections 15- 5206 (Development Permit Findings)and 15-5812 (Plan Amendment and Rezone Findings)of the Fresno Municipal Code can be made. These findings are attached as (Exhibit N). LOCAL PREFERENCE Local preference was not considered because the project does not include a bid or award of a construction or service contract. FISCAL IMPACT Affirmative action by the City Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant.Prudent financial management is demonstrated by the expeditious completion of this land use application in as much 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 and Development Department. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with the goals and policies of the Fresno General Plan,McLane Community Plan,and the Fresno County Airport Land Use Compatibility Plan;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 concludes that the required findings contained within Sections 15-5812 and 15-5306 et seq.of the FMC can be made.Upon consideration of this evaluation,it can be concluded that the proposed Plan Amendment and Rezone Application P22-04389 and related Development Permit Application P22- 02376 are appropriate for the subject property. ATTACHMENTS: Exhibit A -Vicinity Map City of Fresno Printed on 8/14/2023Page 13 of 14 powered by Legistar™ File #:ID 23-1129 Agenda Date:8/10/2023 Agenda #: Exhibit B -Aerial Photograph Exhibit C -Planned Land Use Map Exhibit D -Zoning Map Exhibit E -Project Information Tables Exhibit F -Master Application / Owner’s Letter of Authorization Exhibit G -Operational Statement Exhibit H -Exhibits (Site Plan, Elevation Photos, & Landscape Plan) Exhibit I -Conditions of Approval [8/10/2023] Exhibit J -Department & Agency Comments Exhibit K -Neighborhood Meeting Information Exhibit L -Public Hearing Notice & Map Exhibit M -Environmental Assessment P22-02376/P22-04389,Including Studies [6/16/2023] Exhibit N -Fresno Municipal Code Findings Exhibit O -Proposed Land Use Exhibit Exhibit P -Proposed Rezone Exhibit Exhibit Q -Planning Commission Resolutions (13804, 13805, & 13806) Exhibit R -City Council Resolution for Plan Amendment P22-04389 Exhibit S -City Council Ordinance Bill for Rezone Application P22-04389 Exhibit T -PowerPoint Presentation City of Fresno Printed on 8/14/2023Page 14 of 14 powered by Legistar™ Exhibit A - Vicinity Map Vicinity Map 2594 North Armstrong Avenue Legend Subject Property (±4.39 acres) Exhibit B – Aerial Photograph Aerial Photograph Legend Subject Property Exhibit C – Planned Land Use Map Planned Land Use MapLow Density ResidentialLegendyMedium Low Density ResidentialyMedium DensityResidentialProject Site ProposedTo Be Developed(±4.39 acres)Medium High Density Residential Exhibit D – Zoning Map Zoning MapRS-5RS-1 – Residential Single-Family, Extremely Low DensityRS-4RS-5RS-1RS-4Legendgyy yRS-4 – Residential Single-Family, Medium Low DensitygyyRS-5 – Residential Single-Family, Medium DensityProject Site ProposedTo Be Developed(±4.39 acres) Exhibit E – Project Information Tables Exhibit E PROJECT INFORMATION TABLES PROJECT SUMMARY PROJECT See Executive Summary in Staff Report for Plan Amendment and Rezone Application No. P22-04389 and related Development Permit Application No. P22-02376. APPLICANT Scott A. Vincent of The Vincent Company Architects, Inc. 1500 West Shaw Avenue, Suite 304 Fresno, CA 93711 LOCATION 2594 North Armstrong Avenue; located on east side of North Armstrong Avenue between East Clinton and East Shields Avenues in the City and County of Fresno, California (APN: 310-250-13) (Council District 7, Councilmember Nelson Esparza) SITE SIZE ±4.39 Acres PLANNED LAND USE Existing – Low Density Residential (Retail Nursery) Proposed – Medium High Density Residential (Multi-Family Residential) ZONING Existing – RS-1 (Residential Single-Family, Extremely Low Density) zone district Proposed – RM-1 (Residential Multi-Family, Medium High Density) zone district PLAN DESIGNATION AND CONSISTENCY Plan Amendment Application No. P22-04389 proposes to amend the Fresno General Plan to change the planned land use designations for the subject property from Low Density Residential to Medium High Density Residential. The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) to RM-1 (Residential Multi- Family, Medium High Density) zone district in accordance with the Plan Amendment Application. The proposed Medium High Density Residential planned land use designation is consistent with the proposed underlying RM-1 (Residential Multi-Family, Medium High Density zone district. ENVIRONMENTAL FINDING A Mitigated Negative Declaration dated June 16, 2023, was completed. PLAN COMMITTEE RECOMMENDATION The Council District 7 Plan Implementation Committee is currently inactive. STAFF RECOMMENDATION Adoption of the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-04389/P22-02376, dated June 16, 2023, and Approval of Plan Amendment and Rezone Application No. P22-04389 and related Development Permit Application No. P22-02376 subject to conditions found in the Conditions of Approval dated August 10, 2023. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Low Density Residential RS-1 (Residential Single-Family, Extremely Low Density) Single Family Residential South Low Density Residential RS-1 (Residential Single-Family, Extremely Low Density) Vacant East Medium Low Density Residential RS-4/EA/UGM (Residential Single-Family, Medium Low Density/Expressway Area/Urban Growth Management) Single Family Residential/ Ponding Basin West Medium Density Residential RS-5/UGM/cz (Residential Single-Family, Medium Density/Urban Growth Management/conditions of zoning) Single Family Residential Exhibit F - Master Application and Owner’s Letter of Authorization 7/10/23, 2:47 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2202376 1/2 P22-02376 - MFR - Armstrong Apartments File Date:06/20/2022 Application Status:In Review Application Type:Development Permit Application Detail:Detail Description of Work:Development Permit Application. P22-02376 was filed by Scott Vincent of The Vincent Company Architects, Inc. and pertains to ±4.39 acres located on 2594 North Armst construct a 64-unit two-story multi-family residential development consisting of (12) one bedroom one bath, (32) two bedroom two bath, and (20) three bedroom two bath project proposes on and off-site improvements including but not limited to: one (1) point of ingress and egress; curbs, gutters, and sidewalks; and landscaping. The applic (Residential Single-Family, Extremely Low Density) (±4.39 acres) to RM-1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with applications Plan Amendment Rezone Application No. P22-04389. Application Name:MFR - Armstrong Apartments Address:2594 N ARMSTRONG AVE, FRESNO, CA 93727 Owner Name:DULEY ROBERT D & DEBBIE R TRUSTEES Owner Address:2408 N ARMSTRONG, FRESNO, CA 93727 Parcel No:31025013 Contact Info:Name Organization Name Contact Type Status Scott A Vincent The Vincent Com...Applicant Active DULEY ROBERT D & DEBBI...DULEY ROBERT D ...Developer Active Licensed Professionals Info:Primary License Number License Type Name Business Name Business License # Total Fee Assessed:$14,447.68 Total Fee Invoiced:$14,447.68 Balance:$0.00 Workflow Status:Task Assigned To Status Status Date Action By Application Steven Lieng Accept 12/13/2022 Steven Lieng Pre-review- TIS Harmanjit Dhaliwal Content Suff...06/24/2022 Louise Gilio Pre-review- Traffic Louise Gilio Content Suff...06/24/2022 Louise Gilio Plan Distribution Assign Revie...12/15/2022 Cynthia Molina Public Utilities Commi... County PW and Planning County Planning Review Complete 12/16/2022 County Planning Caltrans Traffic Planning Louise Gilio Reviewed wit...01/27/2023 Louise Gilio Public Works Engineering Harmanjit Dhaliwal Reviewed wit...01/09/2023 Luis Gonzalez DPU Water Division Robert Diaz Review Complete 01/03/2023 Robert Diaz DPU Planning and Engin...Kevin Gray Reviewed wit...01/11/2023 Kevin Gray DPU Solid Waste Manage...Kevin Gray Reviewed wit...01/11/2023 Kevin Gray Fire Review Doug Johnson Revisions Re...01/06/2023 Doug Johnson Police Review Southeast PD Review Complete 12/28/2022 Southeast PD Fresno County Environm...Public Health Reviewed wit...01/05/2023 Public Health Building and Safety Se...Christian Mendez Review Complete 02/15/2023 Christian Mendez Airports Airports Review Complete 01/09/2023 Airports Fresno Area Express FAX No Comment 01/12/2023 FAX Irrigation District Review Complete 01/09/2023 FID Flood Control District FMFCD Review Complete 01/03/2023 FMFCD Air Pollution Control ...SJVAPCD Reviewed wit...01/10/2023 SJVAPCD PGandE PG&E Review Complete 01/26/2023 PG&E School District CUSD Review Complete 01/05/2023 CUSD Council District Commi... Council Member District7 No Response ...03/08/2023 Steven Lieng US Postal Service USPS No Response ...07/06/2023 Steven Lieng Planner Review Steven Lieng Reviewed wit...03/08/2023 Steven Lieng Long Range Planning Long Range Plan...Review Complete 01/06/2023 Long Range Plan... Public Works TIS Review Harmanjit Dhaliwal Review Complete 06/27/2023 Harmanjit Dhaliwal Historic Preservation HISTORIC PRESER...Review Complete 06/23/2023 HISTORIC PRESER... Land Division Impact Fees Frank Saburit Review Complete 12/28/2022 Frank Saburit Public Works-CFD Luis Gonzalez Reviewed wit...01/09/2023 Luis Gonzalez Review Verification CEQA Review Planner Analysis and P... CEQA Publication NOD-NOE Closure Condition Status:Name Short Comments Status Apply Date Severity Action By Documents:File Name Document Group Category Description Type Docum G4 - Environmental Ass...PLN_GENERAL Environmental A...City Required Form application/pdf Upload Menu Help 7/10/23, 2:47 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2202376 2/2 File Name Document Group Category Description Type Docum G11 - Traffic Planning...PLN_GENERAL Environmental A...City Required Form application/pdf Upload Letter of Authorizatio...PLN_GENERAL Owner Authoriza...City Required Form application/pdf Upload P21-03183 DRC Review L...PLN_GENERAL DRC Letter City Generated Docu...application/pdf Upload Title Report 11.21.21.pdf PLN_GENERAL Title Report Title Report application/pdf Upload Traffic Genberation An...PLN_GENERAL Traffic Impact ...Traffic Analysis application/pdf Upload PA1 - Dimensioned Site...PLN_GENERAL Site Plan Dimensioned plan application/pdf Upload PA1.1 - Noted Site Pla...PLN_GENERAL Site Plan Noted Plan application/pdf Upload PA1.2 - General Notes-...PLN_GENERAL Site Plan Site Notes application/pdf Upload PA1.3 - Site Details-M...PLN_GENERAL Site Plan Site Details application/pdf Upload PA1.4 - Site Details-M...PLN_GENERAL Site Plan Site Details application/pdf Upload PA1.5 - Site Details B...PLN_GENERAL Site Plan Site Details application/pdf Upload PA2 - Unit 1 & 2 Floor...PLN_GENERAL Floor Plan unit Floor Plans application/pdf Upload PA3 - Unit 3 Floor Pla...PLN_GENERAL Floor Plan Unit Floor Plans application/pdf Upload PA4 - Building A-Model...PLN_GENERAL Floor Plan Building Floor Plans application/pdf Upload PA5 - Building B-Model...PLN_GENERAL Floor Plan Building Floor Plan application/pdf Upload PA6 - Building C-Model...PLN_GENERAL Floor Plan Building Floor Plan application/pdf Upload PA7 - Building D-Model...PLN_GENERAL Floor Plan Building Floor Plans application/pdf Upload PA8 - Building E-Model...PLN_GENERAL Floor Plan Building Floor Plans application/pdf Upload PA9 - Building A Eleva...PLN_GENERAL Elevations Exterior Elevations application/pdf Upload PA10 - Building B Elev...PLN_GENERAL Elevations Exterior Elevations application/pdf Upload PA11 - Building C Elev...PLN_GENERAL Elevations Exterior Elevations application/pdf Upload PA12 - Building D Elev...PLN_GENERAL Elevations Exterior Elevations application/pdf Upload PA13 - Building E Elev...PLN_GENERAL Elevations Exterior Elevations application/pdf Upload P22-02376 Incomplete L...PLN_GENERAL Verification Le...application/pdf Upload P22-02376 Development-...PLN_GENERAL Verification Ch...application/pdf Upload Site Plans.pdf PLN_GENERAL Site Plan This file includes ...application/pdf Upload Floor Plans.pdf PLN_GENERAL Floor Plan This file includes ...application/pdf Upload Building Elevations.pdf PLN_GENERAL Elevations This file includes ...application/pdf Upload Letter of Authorizatio...PLN_GENERAL Owner Authoriza...The Owner's phone n...application/pdf Upload Armstrong Apts 2021043...PLN_GENERAL Approval Letter ISR Approval Letter...application/pdf Upload Detailed Report to Cit...PLN_GENERAL Other Detailed Report reg...application/pdf Upload PL1 - Landscaping Site...PLN_GENERAL Landscape Plan Concept Landscape P...application/pdf Upload OPERATIONAL STATEMENT ...PLN_GENERAL Operational Sta...application/pdf Upload Updated Title Report D...PLN_GENERAL Title Report Title Report has be...application/pdf Upload PLN_IntroductionLetter...PLN Correspondence application/pdf Upload Operational Statement ...PLN_GENERAL Operational Sta...Stamped application/pdf Upload Landscaping Site Plan ...PLN_GENERAL Landscape Plan Stamped application/pdf Upload Elevations Exhibit- st...PLN_GENERAL Elevations Stamped application/pdf Upload Floor Plans Exhibit- s...PLN_GENERAL Floor Plan Stamped application/pdf Upload Site Plans Exhibit- st...PLN_GENERAL Site Plan Stamped application/pdf Upload P22-02376 Concurrent S...PLN_GENERAL application/pdf Upload P22-02376 - Armstrong ...PLN_GENERAL Agency Conditions Development Impact ...application/pdf Upload 2022-02376 MAILED.pdf PLN_GENERAL Notices FMFCD NOR application/pdf Upload Clovis USD P22-04389 P...PLN_GENERAL Other application/pdf Upload P22-02376 2594 N Armst...PLN_GENERAL Conditions of A...CFD/Private Mainten...application/pdf Upload P22-02376 2594 N. Arms...PLN_GENERAL Street Tree Street Tree Require...application/pdf Upload SJVAPCD 20221667 Armst...PLN_EA Correspondence ...Comment Letter application/pdf Upload P22-02376 64-Unit Mult...DPU_WATER_SEWER Correspondence DPU CONDITIONS application/pdf Upload Impact_Letter_1-26-23.pdf PLN_GENERAL Agency Conditions PG&E Impact Letter application/pdf Upload P22-02376 ARMSTRONG 25...PLN_GENERAL Public Works Tr...PW, TRAFFIC PLANNING application/pdf Upload P22-02376 CP_1.pdf PLN_GENERAL Exhibit PW, TRAFFIC PLANNING application/pdf Upload 2594 N Armstrong Ave -...PLN_GENERAL application/pdf Upload Show all Application Comments:View ID Comment Date RALPHK Concurrent processing of this application with ...11/14/2022 Initiated by Product:ACA Scheduled/Pending Inspections:Inspection Type Scheduled Date Inspector Status Comments Resulted Inspections:Inspection Type Inspection Date Inspector Status Comments 7/10/23, 2:48 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2204389 1/2 P22-04389 - MFR - Armstrong Apartments File Date:11/11/2022 Application Status:In Review Application Type:Plan Amendment - Rezone Application Detail:Detail Description of Work:General Plan Amendment & Rezone Application No. P22-04389 was filed by Scott Vincent of The Vincent Company Architects, Inc. and pertains to ±4.20 acres located o application component proposes to amend the Official Zoning map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extreme (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application. Related Applications Development Perm Application Name:MFR - Armstrong Apartments Address:2594 N ARMSTRONG AVE, FRESNO, CA 93727 Owner Name:DULEY ROBERT D & DEBBIE R TRUSTEES Owner Address:2408 N ARMSTRONG, FRESNO, CA 93727 Parcel No:31025013 Contact Info:Name Organization Name Contact Type Status Scott A Vincent The Vincent Com...Applicant Active Tim Simons Northstar Gener...Business Owner Active Licensed Professionals Info:Primary License Number License Type Name Business Name Business License # Total Fee Assessed:$23,965.62 Total Fee Invoiced:$23,965.62 Balance:$0.00 Workflow Status:Task Assigned To Status Status Date Action By Application Steven Lieng Accept 12/13/2022 Steven Lieng Review Distribution Accepted for...12/15/2022 Cynthia Molina Caltrans Public Utilities Commi... Council District Commi... Traffic Planning Louise Gilio Review Complete 01/25/2023 Andreina Aguilar Fresno Area Express FAX No Comment 01/12/2023 FAX Public Works Engineering Harmanjit Dhaliwal No Comment 03/08/2023 Luis Gonzalez County PW and Planning County Planning Review Complete 12/16/2022 County Planning DPU Water Division Robert Diaz Review Complete 01/03/2023 Robert Diaz Irrigation District Review Complete 01/09/2023 FID DPU Planning and Engin...Kevin Gray Reviewed wit...01/11/2023 Kevin Gray Flood Control District FMFCD Review Complete 04/10/2023 FMFCD DPU Solid Waste Manage...Kevin Gray Reviewed wit...01/11/2023 Kevin Gray Air Pollution Control ...SJVAPCD Reviewed wit...07/10/2023 SJVAPCD Fire Review Byron Beagles Review Complete 01/06/2023 Byron Beagles PGandE PG&E No Comment 01/05/2023 PG&E School District CUSD Review Complete 01/05/2023 CUSD Police Review Southeast PD Review Complete 03/02/2023 Southeast PD Fresno County Environm...Public Health Reviewed wit...01/05/2023 Public Health Council Member District7 No Response ...03/08/2023 Steven Lieng Building and Safety Se...Christian Mendez No Comment 02/15/2023 Christian Mendez US Postal Service USPS No Response ...07/06/2023 Steven Lieng Airports Airports No Comment 01/09/2023 Airports Planner Review Steven Lieng Reviewed wit...03/08/2023 Steven Lieng Long Range Planning Long Range Plan...No Comment 01/06/2023 Long Range Plan... Public Works TIS Review Harmanjit Dhaliwal Review Complete 07/06/2023 Harmanjit Dhaliwal Historic Preservation HISTORIC PRESER...Review Complete 06/23/2023 HISTORIC PRESER... Land Division Impact Fees Frank Saburit No Comment 12/28/2022 Frank Saburit LRP GIS Review Karlo Guillermo No Comment 07/06/2023 Karlo Guillermo Review Verification CEQA Study Neighborhood Meetings ALUC CEQA Publication Planning Commission City Council Closure Condition Status:Name Short Comments Status Apply Date Severity Action By Documents:File Name Document Group Category Description Type Docum 21-006 Exhibit A Propo...PLN_GENERAL Map Land Use Designatio...application/pdf Upload Exhibit B legal - GPA ...PLN_GENERAL Legal Descripti...Legal Description f...application/pdf Upload Detailed Report to Cit...PLN_GENERAL Neighborhood Me...Minutes from June 1...application/pdf Upload Menu Help 7/10/23, 2:48 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2204389 2/2 File Name Document Group Category Description Type DocumTitle Report 11.21.21.pdf PLN_GENERAL Title Report Current Title Report application/pdf Upload Letter of Authorizatio...PLN_GENERAL Owner Authoriza...Owner Authorization...application/pdf Upload P21-03183 DRC Review L...PLN_GENERAL DRC Letter application/pdf Upload Armstrong Apts 2021043...PLN_GENERAL Approval Letter ISR Approval Letter...application/pdf Upload G4 - Environmental Ass...PLN_GENERAL Environmental A...application/pdf Upload G11 - Traffic Planning...PLN_GENERAL Verification Ch...Traffic Planning Ch...application/pdf Upload Traffic Genberation An...PLN_GENERAL Other Traffic Generation ...application/pdf Upload Site Plans.pdf PLN_GENERAL Site Plan Site and Concept La...application/pdf Upload Floor Plans.pdf PLN_GENERAL Floor Plan Building Floor Plans application/pdf Upload Building Elevations.pdf PLN_GENERAL Elevations Building Elevations application/pdf Upload OPERATIONAL STATEMENT ...PLN_GENERAL Operational Sta...Operational Statement application/pdf Upload 21-006 Exhibit A Propo...PLN_GENERAL Map Depicting L...application/pdf Upload P22-04389 Incomplete L...PLN_GENERAL Verification Le...application/pdf Upload P22-04389 Plan-Amendme...PLN_GENERAL Verification Ch...application/pdf Upload Updated Title Report D...PLN_GENERAL Title Report Updated Title Report application/pdf Upload PLN_IntroductionLetter...PLN Correspondence application/pdf Upload Operational Statement ...PLN_GENERAL Operational Sta...Stamped application/pdf Upload GPA_Rezone Exhibit- st...PLN_GENERAL Site Plan Stamped application/pdf Upload Clovis USD P22-04389 P...PLN_GENERAL Other application/pdf Upload No_Impact_Response_1.5...PLN_GENERAL Approval Letter PG&E No Impact letter application/pdf Upload P22-04389 FID Comments...PLN_GENERAL Agency Conditions FID's Comments application/pdf Upload P22-04389 Plan Amendme...DPU_WATER_SEWER Correspondence DPU CONDITIONS application/pdf Upload 22-04389(bs)(gc).pdf PLN_GENERAL application/pdf Upload Show all Application Comments:View ID Comment Date RALPHK As to related DP application P22-02376, the pro...11/14/2022 Initiated by Product:ACA Scheduled/Pending Inspections:Inspection Type Scheduled Date Inspector Status Comments Resulted Inspections:Inspection Type Inspection Date Inspector Status Comments 559.994.6228 bduleyman@hotmail.com Exhibit G - Operational Statement OPERATIONAL STATEMENT FOR ARMSTRONG APARTMENTS 2594 North Armstrong Avenue Fresno, California Project Statistics: a.Project Developer:Robert & Debbie Duley c/o Northstar General 1500 West Shaw Avenue, Ste. 406 Fresno, California 93711 559.222.7903 b.Project Location:East side of North Armstrong Avenue north of East Clinton Avenue, Fresno, CA c.Current Project Address(es)2594 North Armstrong Avenue d.Assessor’s Parcels:310-250-13 e.Parcel Sizes: 1.Existing Parcel Size 191,172 sf / 4.38 acres 2.Dedication Required 8,032 sf / 0.18 acres 3.Total Proposed Site Size 183,140 sf / 4.20 acres f.Community Plan McLane g.General Plan Designation:Low Density Residential h.Current Zoning:RS-1 Single Family Residential i.Current Use:Retail Nursery j.Proposed Zoning:RM-1 Medium Residential, Multi- Family k.Proposed Use 64 unit market rate multi-family residential development l.Adjacent Uses 1.North Residential (RS-1 Designation) 2.East Residential (RS-4 Designation) 3.South Residential (RS-1 Designation) 4.West Residential (RS-5 Designation) m.Proposed Unit Mix: 1.One Bedroom / One Bath 12 units 2.Two Bedroom / Two Bath 32 units 2.Three Bedroom / Two Bath 20 units n.Parking Provided 1.Covered Spaces Provided 64 stalls 2.Open Spaces Provided 60 stalls 3.Total Parking Provided 124 stalls 4.Parking Ratio Provided 1.94 stalls per unit 5.Bicycle Parking Provided 10 o.Site Coverage: 1.Buildings, including carports 52,662 sf (28.8%) 2.Paving, excluding carports 32,060 sf (17.5%) 3.Public Open Space 98,418 sf (53.7%) p.Open Space 1.Minimum Required (20% of the lot area)36,620 sf 2.Space Provided 40,700 sf* *includes recreational space in the Community Building, private patios and private balconies q.Site Density 1.Allowed Density a.Per RM-1 District 16.00 units per acre 2.Proposed Density (64 units / 4.20 net acres)15.24 units per acre Project Characteristics: The project will consist of 64 multi-family residential units to be constructed in two- story wood framed buildings utilizing one bedroom one bath, two bedroom two bath and three bedroom two bath units. These buildings will integrate an architectural theme intended to blend with recently built projects found in the neighborhood, with stucco exteriors and high-profile composition shingle roofs. Additional accents will be added to the building elevations through the addition of panels utilizing alternate finishes and textures, and the use of accent colors on the elevations to break wall surfaces. The location of the development does include some large lot single family residential development, which is remnant from the former rural nature of this area. However, in recent years, surrounding properties have been designated for much higher density development, including large areas of property designated RS-4 and RS-5, which allows for the development of multi-family housing units. As such, we consider this proposal to be consistent with the nature of ongoing development in the area. The residential units will be provided with a covered outdoor patio or balcony to provide private outdoor recreations space. Ample additional recreation space is provided through the provisions of a swimming pool with arbors and bar-b-que amenities within the pool area, as well as open landscaping that can be utilized for activities. The project will be provided with public access from North Armstrong Avenue, and will be gated for project security. In order to minimize maintenance of the gate operators, the gates will be open during daylight hours (generally from 7:00 am to 7:00 pm). During evening hours, visitors can access the site through the use of a call box (located in a pull-out to allow for through traffic of residents) connected to the residential units. Emergency vehicle access will be provided as required by City of Fresno Fire Department standards. Parking will include 64 carports and 60 open stalls providing an overall parking ratio of over 1.94 stalls per unit. 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-1) 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. In evaluating traffic generation for the project, reference is made to the current 10th Edition of the ITE Trip Generation Manual, which indicates the a factor of 7.32 trips per unit will be generated by low-rise (one- or two-story) apartments, with 0.46 peak morning trips per unit, and 0.56 peak afternoon trips. This would indicate that this project will generate 469 total trips per day, 30 peak morning trips and 36 peak afternoon trips. These levels are below the thresholds for analysis of Vehicle Miles Travelled (VMT) or for requiring the preparation of a traffic impact study. The project will require the removal of the existing retail and nursery structures prior to construction of the new units. The units being removed do not appear to meet any of the requirements for designation as a Historic Resource under the City of Fresno Historic Preservation Ordinance or designation under the National Register of Historic Places. Prior to obtaining a demolition permit, a hazardous materials study will be conducted and any materials found removed in accordance with current regulations prior to final demolition. Operational Statement Page 3 Exhibit H - Exhibits (Site Plan, Elevation Photos, and Landscape Plan) SITE PLAN DIMENSIONED ARMSTRONGPROPOSED APARTMENTS COMPLEX FOR:APARTMENTS2594 NORTH ARMSTRONG AVENUEFRESNO, CALIFORNIAOf Sheets FRESNO, CA . 0210101 ARMSTRONG APTS. 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: DateRevisions T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 PROJECT SITE NORTH ARMSTRONG AVENUE06.20.22 PA1 VICINITY MAP STATISTICS PARKING REQUIRED PARKING PROVIDED ASSESSOR'S PARCEL SITE AREA SITE DENSITY SITE COVERAGE COMMUNITY PLAN CURRENT ZONING PROJECT ADDRESS PROPOSED PROJECT: UNIT STATISTICS BUILDING AREA(S) CURRENT USE PROPOSED ZONING NOTES SYMBOLS BUILDING FOOTPRINT CARPORT LOCATIONS TRASH ENCLOSURE POWER POLE LOCATION FIRE HYDRANT LOCATION POLE -MOUNTED SITE LIGHT KEYNOTES LEGAL DESCRIPTION ARMSTRONGPROPOSED APARTMENTS COMPLEX FOR:APARTMENTS2594 NORTH ARMSTRONG AVENUEFRESNO, CALIFORNIAOf Sheets FRESNO, CA . 0210101 ARMSTRONG APTS. 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: DateRevisions T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 06.08.22 PA1.1 SITE PLAN NOTED KEYNOTES NORTH ARMSTRONG AVENUE ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA1.3ARMSTRONG AVENUE ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA1.4 ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA1.5 ELEVATIONSEXTERIORARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.04.21PA9BUILDING 'A' - FRONTBUILDING 'A' - LEFTBUILDING 'A' - REARBUILDING 'A' - RIGHT ELEVATIONSEXTERIORARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304BUILDING 'B' - FRONT/REARBUILDING 'B' - END10.04.21PA10 ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304BUILDING 'C' - FRONT/ REARBUILDING 'C' - ENDELEVATIONSEXTERIOR10.04.21PA11 ELEVATIONSEXTERIORARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304BUILDING 'D' - FRONT/ REARBUILDING 'D' - END10.04.21PA12 ELEVATIONSEXTERIORARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304BUILDING 'E' - FRONT/ REARBUILDING 'E' - LEFTBUILDING 'E' - RIGHT10.04.21PA13 10.02.21PA2FLOOR PLANSUNITARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304TYPE 1TYPE 2 10.02.21PA3FLOOR PLANARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304UNITTYPE 3 AREA CALCULATIONSBUILDING STATISTICSCONSTRUCTION TYPE OCCUPANCY GROUP PROPOSED USEFIRE RESISTANCE REQUIREMENTSOCCUPANCY SEPARATION10.02.21PA4ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304FLOOR PLANBUILDING 'A' BUILDING 'B'FLOOR PLANSARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA5BUILDING STATISTICSBUILDING AREACONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX FIRE RESISTANCE REQUIREMENTSMAXIMUM ALLOWABLE AREAGROUNDSECOND(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1) BUILDING 'C'FLOOR PLANSARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA6BUILDING STATISTICSBUILDING AREACONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX (UNIT TYPE 2)(UNIT TYPE 2)(UNIT TYPE 2)(UNIT TYPE 2)GROUNDSECONDFIRE RESISTANCE REQUIREMENTSMAXIMUM ALLOWABLE AREA ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA7BUILDING STATISTICSBUILDING AREACONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX BUILDING 'D'FLOOR PLANS(UNIT TYPE 3)GROUND(UNIT TYPE 3)(UNIT TYPE 3)(UNIT TYPE 3)SECONDFIRE RESISTANCE REQUIREMENTSMAXIMUM ALLOWABLE AREA ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA8BUILDING STATISTICSBUILDING AREACONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX BUILDING 'E'FLOOR PLANS(UNIT TYPE 1)(UNIT TYPE 3)(UNIT TYPE 1)(UNIT TYPE 3)GROUNDSECONDFIRE RESISTANCE REQUIREMENTSMAXIMUM ALLOWABLE AREA ARMSTRONGPROPOSED APARTMENTS COMPLEX FOR:APARTMENTS2594 NORTH ARMSTRONG AVENUEFRESNO, CALIFORNIAOf Sheets FRESNO, CA . 0210101 ARMSTRONG APTS. 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: DateRevisions T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 11.29.21 PL1 LANDSCAPE PLAN CONCEPT PLANT MATERIALS SYMBOLS LARGE TREES (30 - 35 FOOT CANOPY) MEDIUM TREES (25 - 30 FOOT CANOPY) SHRUBS / PERRENIALS GROUND COVER / ANNUALS LAWN TREES SHRUBS GROUND COVERS / ANNUALS SMALL TREES (20 - 25 FOOT CANOPY) LANDSCAPE NOTES * * * * * EXISTING LARGE TREE SITE PLAN OPEN SPACENORTH ARMSTRONG AVENUE Exhibit I – Conditions of Approval City of Fresno Planning and Development Department Conditions of Approval August 10, 2023 Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 Planner: Steven Lieng (559) 621-8007 PROJECT DESCRIPTION Plan Amendment and Rezone Application No. P22-04389 and related Development Permit Application No. P22-02376, filed by Scott Vincent of The Vincent Company Architects, Inc. and pertains to ±4.39 acres located on 2594 North Armstrong Avenue. Plan Amendment Application No. P22-04389 proposes to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential. The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) (±4.39 acres) to RM-1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application. Development Permit Application No. P22-02376 requests to construct a 64-unit two-story multi-family residential development consisting of (12) one-bedroom one bath, (32) two-bedroom two bath, and (20) three-bedroom two bath units; including a community building. The project proposes on and off-site improvements including but not limited to one point of ingress and egress; curbs, gutters, and sidewalks; and landscaping. APN: 310-250-13 ADDRESS: 2594 North Armstrong Avenue EXISTING/PREVIOUS ZONING: RS-1 (Residential Single-Family, Extremely Low Density) PROPOSED/APPROVED (BY CITY COUNCIL) ZONING: RM-1 (Residential Multi-Family, Medium High Density) S PART A - ITEMS TO BE COMPLETED The following items are required prior to final approval and/or commencement of land use activity: Planner to check when completed  Development shall take place in accordance with Exhibits A-1 through A-5, E-1 through E-5, O-1 through O-3, F-1 through F-7, L, and O-1 through O-3 dated December 15, 2022. Revise and transfer all comments and conditions on Exhibits to the corrected exhibit(s) and upload to the related Compliance Record No. P23-00XXX and submit to the planner at least 15 days prior to issuance of building permits.  The address(es) within the enclosed address plan have been tentatively assigned to your project. These addresses will be formally entered into the official addressing system just prior to your 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. Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 2 of 16 If your project changes and requires an updated address plan, please contact the staff planner. Site Plan Redlines:  Provide EVCS per the California Green Building Standards code section 4.106.4 on Exhibits A-1 and A-2.  Site Plan shall accurately depict how car ports poles are going to be mounted.  A minimum 6-foot high block wall is required along the north, south and east property lines, pursuant to Section 15-2006 for Fences, Walls, and Hedges.  Comply with Section 15-2011 for screening of mechanical and electrical equipment of the FMC. All outdoor 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 main switchgear electrical service panel cabinets are to be installed within the buildings. Depict and Verify Compliance on Exhibit A-1.  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.  All parking stalls that propose a curb/wheel stop shall place the curb/wheel stop a minimum of 3 feet from the front of the parking stall to allow for a 3-foot overhang into the remainder of the parking stall. The size of the parking stall shall comply with the City of Fresno Parking Manual.  50 percent of areas not landscaped shall be shaded, of light colored materials 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. 3. Exception: This requirement shall not apply to RS Districts and truck loading and truck parking areas within Employment Districts. Elevation Redlines:  Comply with Section 15-1005 - Facade design development standards: Specify if project is utilizing the flexibility or certainty option for facade design on all elevation sheets.  Provide Elevation Exhibit of proposed Car Ports. Landscape Redlines: Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 3 of 16  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. Plant schedule must be depicted with legend. Provide Landscape Irrigation Plan. 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.  Landscaping must be in place before issuance prior to occupancy and/or final inspection. A Hold on Occupancy/Final Inspection shall be placed on the proposed improvements until such time that landscaping has been approved and verified for proper installation by the Planning Division. (Include this note on Exhibits A and L)  Prior to granting of occupancy/final inspection, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division. (Include this note on Exhibits A and L)  Add applicable notes to the site plan from the attached “Notes and Requirements for Entitlement Applications” document. PART B - OTHER AGENCY COMMENTS AND CONDITIONS To be checked when completed where applicable  1. Air Pollution Control District: See SJVAPCD Memo dated January 10, 2023, in the attachment section labeled as “SJVAPCD 20221667 Armstrong Apartments Comment Letter“. The Memo can also be found within the Conditions of Approval Final Packet as an attachment.  2. Clovis Unified School District: The Clovis Unified School District (CUSD) response dated January 4, 2023, is uploaded to the attachment section of the record. The Memo can also be found within the Conditions of Approval Final Packet as an attachment. Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 4 of 16  3. DPU Solid Waste Division: Solid Waste requirements are located within the attachment section of the Planning Record under DPU CONDITIONS dated January 11, 2023. The Memo can also be found within the Conditions of Approval Final Packet as an attachment.  4. DPU Planning and Engineering: Sewer requirements are located within the attachment section of the Planning Record under DPU CONDITIONS dated January 11, 2023. The Memo can also be found within the Conditions of Approval Final Packet as an attachment.  5. DPU Water Division: Water conditions are located within the attachment section of the Planning Record under DPU CONDITIONS dated January 11, 2023. The Memo can also be found within the Conditions of Approval Final Packet as an attachment.  6. Development And Impact Fee Estimate: See development and impact fee estimate memo dated December 28, 2022, uploaded into Accela in the Attachments section labeled “P22-02376 - Armstrong Apartments - 2594 N Armstrong Ave”. The Memo can also be found within the Conditions of Approval Final Packet as an attachment.  7. DPW - Traffic Planning: See Public Works, Traffic Planning conditions of approval and redlined Exhibits A-1 through A-3, check print 1 dated 1-27-23. For questions, please contact Andreina Aguilar at Andreina.Aguilar@fresno.gov or at (559) 621-8674. The conditions of approval and redlined Exhibits A-1 through A-4 can also be found within the Conditions of Approval Final Packet as an attachment.  8. DPW – CFD: See DPW Memo dated for January 9, 2023, in the attachment section labeled as P22-02376 2594 N Armstrong Ave Maintenance Conditions.pdf for maintenance conditions. The Memo can also be found within the Conditions of Approval Final Packet as an attachment.  9. DPW ROW Landscaping: See DPW Memo dated for January 9, 2023, in the attachment section labeled as “P22-02376 2594 N. Armstrong.pdf” for street conditions. The Memo can also be found within the Conditions of Approval Final Packet as an attachment.  10. Fire Review: 1. The project is within the service area of existing Fire Station 10 near E. Clinton and N. Clovis Ave's which will be relocated in the near future to City owned property located on N. Armstrong 1/4 mile south of Clinton. 2. There are existing gridded public water mains serving the parcel; specific public and private fire hydrant requirements will be addressed with the review of the project formal site plan or CUP entitlement submittal. All back checks are performed electronically through the Accela Program (FAASTER portal). You must submit the following documentation to the Building Department: 1) Provide copy of the original submittals (drawings, calculations, and supporting documents) including mark-ups from the plan Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 5 of 16 reviewers who worked on your documents. 2) Provide a complete set of revised drawings, calculations, and supporting documents addressing plan check comments (all changes shall be clouded). 3) Provide a detailed typed 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. If there are questions regarding FFD Development Policies, you may access them at: https://www.fresno.gov/fire-training/manuals-and-forms/. All revisions to plans shall be called out with a cloud or delta. Note on plan: Fire hydrants shall be installed, and all-weather access provided before deliver of combustible materials to the job site. Note on plan: Install a private fire hydrant on the south side of the main driveway north of the pool area. The minimum water main size required is 8 inch. Note on plan: Install a CVC 22658 fire lane towaway warning sign at the entrance. Note on plan: Provide Fire X1 as well as Click-2-Enter radio frequency gate opening hardware on the electric gate. Show on plan: The proposed location of the fire sprinkler system risers and fire department \connections. Due to the building setbacks and carport locations the fire sprinkler laterals will likely need to be arranged in clusters through a remote PIV/FDC assembly to get the FDCs within 40 feet of each building and comply with the requirement that the connection be placed no closer than 5 feet laterally from a building opening.  11. Flood Metropolitan Flood Control District (FMFCD) Fees: See attached FMFCD Notice of Requirements (NOR) memorandum dated January 3, 2023, and memorandum “Drainage Area (BS) dated January 4, 2023. The Memos can also be found within the Conditions of Approval Final Packet as an attachment. $158 NOR Review Fee, $803 Grading Plan Review, and $63,884 Drainage Fee all due on this project.  12. Fresno County Environmental Health: 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. • The proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City’s Municipal Code. Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 6 of 16 • Prior to the issuance of building permits, the applicant shall submit complete pool facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Recreational Health Program at (559) 600-3357 for more information. • Prior to operation, the applicant shall apply for and obtain a permit to operate a public swimming pool from the Fresno County Department of Public Health, Environmental Health Division. A permit, once issued, is nontransferable. Contact the Recreational Health Program at (559) 600-3357 for more information. • Facilities that use and/or store hazardous materials and/or hazardous wastes shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Your proposed business will handle hazardous materials and/or hazardous waste and will be required to submit a Hazardous Materials Business Plan pursuant to the HSC, Division 20, Chapter 6.95 (http://cers.calepa.ca.gov/). Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information. • As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor. • Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information. The following comments pertain to the demolition of existing structure(s): • Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structure in order to prevent the spread of vectors to adjacent properties. • In the process of demolishing the existing structure(s), the contractor may encounter asbestos containing construction materials and materials coated with lead-based paints. • If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information. • If the structure(s) were constructed prior to 1979 or if lead-based paint is suspected to have been used in the structure(s), then prior to demolishing work the contractor should contact the following agencies for current regulations and requirements: • California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (560) 620-5600. • United States Environmental Protection Agency, Region 9, at (415) 947-8000. • State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302.  13. Flood Irrigation District: Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 7 of 16 See attached FID memorandum dated January 9, 2023, labeled as “P22-04389 Comments.pdf”. The Memo can also be found within the Conditions of Approval Final Packet as an attachment.  14. PG&E: Please see PG&E Impact letter uploaded to project attachments dated January 26, 2023. The Memo can also be found within the Conditions of Approval Final Packet as an attachment.  15. Police Department: Please consider combating crimes through the implementations of Crime Prevention through Environmental Design (CPTED) concept. Examples: Sufficient lightings helps deter crime and allows officers to properly evaluate the area of any potential criminal activities. Surveillance cameras should be installed at all entry/exit points, points of sales locations, locations where groups of people would congregate and parking lots. Surveillance systems should be digital HD format; hold a minimum of fourteen days (14) of recordings has the ability to play back and is downloadable.  16. Building and Safety: The following items require a separate process with additional fees and timelines, in addition to the Development Permit Application process. 1. Demolition permit is required for all structures being removed from the existing site. 2. Building, Grading and Utility plans are required to be submitted to Building and Safety Services Division for approval and permits for the proposed project. • All construction documents are required to be designed, stamped and signed by a licensed Architect/Engineer. • Clarify on the cover sheet if this will be privately funded or publicly funded project. i. Privately funded Multi-family Residential projects need to meet all requirements of CBC chapter 11A. ii. Publicly funded Multi-family Residential projects need to meet all requirements of CBC chapter 11B. • Verify permanent drainage facilities are provided by Fresno Metropolitan Flood Control District (FMFCD). Contact Jason Clark at (559) 456-3292 for additional information. PART C - PLANNING DEVELOPMENT CODE STANDARDS 1. Density and Intensity Standards: Development shall take place in accordance with Section 15-1003 of the FMC. 2. Site Design: Development shall take place in accordance with Section 15-1004 of the FMC. 3. Façade Design: Development shall take place in accordance with Section 15-1005 of the FMC. 4. Parking and Loading A. Provide short-term bicycle parking as required by Section 15-2429 of the FMC. B. Long-term Bicycle parking shall be provided when required by the California Green Building Standards Code, as may be amended. Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 8 of 16 5. Landscaping A. 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. (Include this note on the site and landscape plans.) B. New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Green Building Standards Code and/or the California Model Water Efficient Landscape Ordinance and/or the California Plumbing Code as may be amended. C. Additional landscaping requirements including landscape plan requirements, landscape design standards, and general landscaping standards can be found in Chapter 15, Article 23 of the Fresno Municipal Code. 6. Fencing: All Fencing, Walls, and Hedges shall be provided and installed per Section 15-2006 of the FMC. 7. Special Use Requirements: This section is not applicable. PART D - PLANNING - OTHER REQUIREMENTS 1. Development shall take place in accordance with the policies of the Fresno General Plan, McLane Community Plan and with the Medium High Density Residential planned land use designation. 2. Development shall take place in accordance with the RM-1 (Residential Multi-Family, Medium High Density) zone district and all other applicable sections of the FMC. 3. Comply with the operational statement submitted for the proposed project dated December 15, 2022. 4. Comply with all applicable mitigation measures detailed in the attached Program Environmental Impact Report (PEIR) Mitigation Monitoring Checklist for the Fresno General Plan and any applicable project specific mitigation measures contained in the environmental assessment adopted for the project. 5. Property development standards and operational conditions are contained in Articles 10 (Residential Multi Family Districts), 20 (General Site Requirements), 23 (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. 6. Development shall comply with the City of Fresno Parking Manual, California Building Code, and American Disabilities Act requirements. 7. Development shall take place in accordance with the “General Notes and Requirements for Entitlement Applications” listed below if applicable. PART E - MISCELLANEOUS AND GENERAL NOTES AND REQUIREMENTS Not all notes and requirements listed below are applicable to all projects. 1. Approval of this special 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 Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 9 of 16 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: 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. Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 10 of 16 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 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 Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 11 of 16 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 parking spaces to allow for the maneuvering of bikes. Overhead clearance shall be a minimum of seven feet. A minimum five-foot aisle between each row of bicycle parking shall be provided for bicycle maneuvering beside or between each row, when multiple rows are proposed. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures. 27. All general provisions of Section 15-2403 of the Fresno Municipal Code shall apply to all parking areas. 28. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Works Standards (P- 21, P-22, and P-23) and Specifications. Parking must also comply with the California Building Code’s accessibility requirements and the Fire and Solid Waste Department’s minimum turning templates. Contact the Planning and Development Department for Parking Manual questions. SIGNAGE 29. All future signs shall be architecturally compatible with the proposed building(s). Provide a set of drawings, with descriptive information, including, materials, design and colors to allow for a preliminary assessment of the future signage. It is recommended that you provide a copy of the signage early in the project process to allow for staff comment. 30. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. (Include this note on the site plan.) 31. All proposed signs shall conform to the current sign ordinance. The submittal checklist for signs is available online at: Click Here 32. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards: a) Operational windows signs shall not be mounted or placed on windows higher than the second story. b) The maximum area of exempt window signage shall not exceed three square feet in area. 33. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non- Residential Districts. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 must lapse before displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year. 34. Every sign displayed within the city, including exempt signs, shall be maintained in good physical condition and shall comply with adopted regulations. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. MISCELLANEOUS 35. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the Fresno Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 12 of 16 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 sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public street lights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one- half foot-candle. 38. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located. Windows shall not cause glare that may disrupt adjoining properties, traffic on adjacent streets, etc. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties. 39. The address listed in the conditions of approval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development 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. Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 13 of 16 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 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 Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 14 of 16 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. 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. Conditions of Approval Plan Amendment and Rezone Application No. P22-04389 and Development Permit Application No. P22-02376 August 10, 2023 Page 15 of 16 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 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 Jill.Gormley@fresno.gov. 2594 North Armstrong AvenueAddress Plan100101+129+125+121+117+105+113+109+101201102202103203104204106206105205107207108208109209112212114214115215117217118218119219120220122222121221127227126226125225128228129229130230131231132232110210111211113213116216124224123223 APPL NO. ____________ EXHIBIT ____ DATE ______PROJ ENG. _______________________ DATE ______TRAFFIC ENG. ____________________ DATE ______COND. APPROVED BY _________________________DATECITY OF FRESNO PLANNING & DEVELOPMENT DEPTApproved Address Plan2/17/2023Site Address: 2594 N Armstrong Ave S/ANicholas CalderaDigitally signed by Nicholas CalderaDN: C=US, E=Nicholas.Caldera@fresno.gov,O=City of Fresno, OU=Planning Division, CN=Nicholas CalderaReason: I am approving this documentDate: 2023.02.17 09:49:56-08'00' ARMSTRONGPROPOSED APARTMENTS COMPLEX FOR:APARTMENTS2594 NORTH ARMSTRONG AVENUEFRESNO, CALIFORNIAOf Sheets FRESNO, CA . 0210101 ARMSTRONG APTS. 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: DateRevisions T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 06.08.22 PA1.1 SITE PLAN NOTED KEYNOTES NORTH ARMSTRONG AVENUE SITE PLAN DIMENSIONED ARMSTRONGPROPOSED APARTMENTS COMPLEX FOR:APARTMENTS2594 NORTH ARMSTRONG AVENUEFRESNO, CALIFORNIAOf Sheets FRESNO, CA . 0210101 ARMSTRONG APTS. 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: DateRevisions T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 PROJECT SITE NORTH ARMSTRONG AVENUE06.20.22 PA1 VICINITY MAP STATISTICS PARKING REQUIRED PARKING PROVIDED ASSESSOR'S PARCEL SITE AREA SITE DENSITY SITE COVERAGE COMMUNITY PLAN CURRENT ZONING PROJECT ADDRESS PROPOSED PROJECT: UNIT STATISTICS BUILDING AREA(S) CURRENT USE PROPOSED ZONING NOTES SYMBOLS BUILDING FOOTPRINT CARPORT LOCATIONS TRASH ENCLOSURE POWER POLE LOCATION FIRE HYDRANT LOCATION POLE -MOUNTED SITE LIGHT KEYNOTES LEGAL DESCRIPTION ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA1.3ARMSTRONG AVENUE ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA1.4 ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA1.5 ELEVATIONSEXTERIORARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.04.21PA9BUILDING 'A' - FRONTBUILDING 'A' - LEFTBUILDING 'A' - REARBUILDING 'A' - RIGHT ELEVATIONSEXTERIORARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304BUILDING 'B' - FRONT/REARBUILDING 'B' - END10.04.21PA10 ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304BUILDING 'C' - FRONT/ REARBUILDING 'C' - ENDELEVATIONSEXTERIOR10.04.21PA11 ELEVATIONSEXTERIORARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304BUILDING 'D' - FRONT/ REARBUILDING 'D' - END10.04.21PA12 ELEVATIONSEXTERIORARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304BUILDING 'E' - FRONT/ REARBUILDING 'E' - LEFTBUILDING 'E' - RIGHT10.04.21PA13 10.02.21PA2FLOOR PLANSUNITARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304TYPE 1TYPE 2 10.02.21PA3FLOOR PLANARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304UNITTYPE 3 AREA CALCULATIONSBUILDING STATISTICSCONSTRUCTION TYPE OCCUPANCY GROUP PROPOSED USEFIRE RESISTANCE REQUIREMENTSOCCUPANCY SEPARATION10.02.21PA4ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 304FLOOR PLANBUILDING 'A' BUILDING 'B'FLOOR PLANSARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA5BUILDING STATISTICSBUILDING AREACONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX FIRE RESISTANCE REQUIREMENTSMAXIMUM ALLOWABLE AREAGROUNDSECOND(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1)(UNIT TYPE 1) BUILDING 'C'FLOOR PLANSARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA6BUILDING STATISTICSBUILDING AREACONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX (UNIT TYPE 2)(UNIT TYPE 2)(UNIT TYPE 2)(UNIT TYPE 2)GROUNDSECONDFIRE RESISTANCE REQUIREMENTSMAXIMUM ALLOWABLE AREA ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA7BUILDING STATISTICSBUILDING AREACONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX BUILDING 'D'FLOOR PLANS(UNIT TYPE 3)GROUND(UNIT TYPE 3)(UNIT TYPE 3)(UNIT TYPE 3)SECONDFIRE RESISTANCE REQUIREMENTSMAXIMUM ALLOWABLE AREA ARMSTRONG PROPOSED APARTMENTS COMPLEX FOR: APARTMENTS 2594 NORTH ARMSTRONG AVENUE FRESNO, CALIFORNIAOfSheetsFRESNO, CA .0210101ARMSTRONG APTS.Project Number:Plot Date:Sheet Number:Project Name:Reference North:Scale:Date:BACK CHECKCONSTRUCTIONAS BUILTPERMITSIssuances:DESIGN REVIEWPLAN CHECKProject Architect:DateRevisions T H E VINCENTCOMPANYPhone: 559.225.2602Fresno, California 937111500 West Shaw, Ste. 30410.02.21PA8BUILDING STATISTICSBUILDING AREACONSTRUCTION TYPE OCCUPANCY GROUP BUILDING UNIT MIX BUILDING 'E'FLOOR PLANS(UNIT TYPE 1)(UNIT TYPE 3)(UNIT TYPE 1)(UNIT TYPE 3)GROUNDSECONDFIRE RESISTANCE REQUIREMENTSMAXIMUM ALLOWABLE AREA ARMSTRONGPROPOSED APARTMENTS COMPLEX FOR:APARTMENTS2594 NORTH ARMSTRONG AVENUEFRESNO, CALIFORNIAOf Sheets FRESNO, CA . 0210101 ARMSTRONG APTS. 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: DateRevisions T H E VINCENT COMPANY Phone: 559.225.2602 Fresno, California 93711 1500 West Shaw, Ste. 304 11.29.21 PL1 LANDSCAPE PLAN CONCEPT PLANT MATERIALS SYMBOLS LARGE TREES (30 - 35 FOOT CANOPY) MEDIUM TREES (25 - 30 FOOT CANOPY) SHRUBS / PERRENIALS GROUND COVER / ANNUALS LAWN TREES SHRUBS GROUND COVERS / ANNUALS SMALL TREES (20 - 25 FOOT CANOPY) LANDSCAPE NOTES * * * * * EXISTING LARGE TREE SITE PLAN OPEN SPACENORTH ARMSTRONG AVENUE Exhibit J – Department/Agency Comments January 10, 2023 Steven Lieng City of Fresno Planning Department 2600 Fresno St. #3043 Fresno, CA 93721 Project: Armstrong Apartments P22-02376 District CEQA Reference No: 20221667 Dear Mr. Lieng: The San Joaquin Valley Air Pollution Control District (District) has reviewed the Development Application (DEV) from the City of Fresno (City) for the Armstrong Apartments development project. Per the DEV, the project consists of 64 multi-family residential units to be constructed in two-story wood framed buildings (Project). The Project is located on the east side of North Armstrong Ave. and north of East Clinton Ave. in Fresno, California. The District offers the following comments regarding the Project: Project Related Emissions At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8 -hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8 -hour ozone, PM10, PM2.5 standards. Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI): https://www.valleyair.org/transportation/GAMAQI.pdf. Page 2 of 6 San Joaquin Valley Air Pollution Control District District Reference No: 20221667 January 10, 2023 Construction Emissions The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment. Vegetative Barriers and Urban Greening There are residential units located in all directions of the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensi tive receptors (e.g., residential units). While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is a lso a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery. Clean Lawn and Garden Equipment in the Community Since the Project consists of residential development, gas-powered lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm and http://valleyair.org/grants/cgym-commercial.htm. On-Site Solar Deployment It is the policy of the State of California that renewable energy resources and zero - carbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project. Page 3 of 6 San Joaquin Valley Air Pollution Control District District Reference No: 20221667 January 10, 2023 Electric Vehicle Chargers To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations. Please visit www.valleyair.org/grants/chargeup.htm for more information. District Rules and Regulations The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes. The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888. District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT). This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District Page 4 of 6 San Joaquin Valley Air Pollution Control District District Reference No: 20221667 January 10, 2023 permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888. District Rule 9510 - Indirect Source Review (ISR) The Project is subject to District Rule 9510 because it will receives a project- level discretionary approval from a public agency and will equal or exceed the 50 dwelling unit threshold for residential developments. The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions. Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for project -level approval from a public agency. Currently for this Project, the District received an AIA application for processing (ISR project #20210430) which has already been approved as of October 14th, 2021. District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants) The Project will be subject to District Rule 4002 since the Project will include demolition, renovation, and removal of existing structures. To protect the public from uncontrolled emissions of asbestos, this rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Any asbestos present must be handled in accordance with established work practice standards and disposal requirements. Information on how to comply with District Rule 4002 can be found online at: http://www.valleyair.org/busind/comply/asbestosbultn.htm. District Rule 4601 (Architectural Coatings) The Project will be subject to District Rule 4601 since it is expected to utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs. Page 5 of 6 San Joaquin Valley Air Pollution Control District District Reference No: 20221667 January 10, 2023 The purpose of this rule is to limit VOC emissions from architectural coatings. In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at: http://www.valleyair.org/rules/currntrules/r4601.pdf District Regulation VIII (Fugitive PM10 Prohibitions) The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950. The application for both the Construction Notification and Dust Control Plan can be found online at: https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at: http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm District Rule 4901 - Wood Burning Fireplaces and Heaters The purpose of this rule is to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. This rule establishes limitations on the installation of new wood burning fireplaces and wood burning heaters. Specifically, at elevations below 3,000 feet in areas with natural gas service, no person shall install a wood burning fireplace, low mass fireplace, masonry heater, or wood burning heater. Information about District Rule 4901 can be found online at: http://valleyair.org/rule4901/ Page 6 of 6 San Joaquin Valley Air Pollution Control District District Reference No: 20221667 January 10, 2023 Other District Rules and Regulations The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). District Comment Letter The District recommends that a copy of the District’s comments be provided to the Project proponent. If you have any questions or require further information, please contact Jacob Torrez by e-mail at Jacob.Torrez@valleyair.org or by phone at (559) 230-6558. Sincerely, Brian Clements Director of Permit Services For: Mark Montelongo Program Manager DEPARTMENT OF PUBLIC UTILITIES MEMORANDUM DATE: January 11, 2023 TO: MINDI MARIBOHO – Development Services Coordinator Planning & Development Department – Current Planning FROM: DEJAN PAVIC, PE, Projects Administrator Department of Public Utilities – Utilities Planning & Engineering SUBJECT: DPU CONDITIONS OF APPROVAL FOR P22-02376 64-UNIT MULTI- FAMILY DEVELOPMENT – ARMSTRONG APARTMENTS – APN 310- 250-13 (Note: cross-reference to P22-04389) General Requirements 1. Engineered improvement plans, prepared by a Registered Civil Engineer, if necessary, shall be submitted for Department of Public Utilities review and approval. 2. All Department of Public Utilities facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. 3. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 4. Street work permit is required for any work in the Right-of-Way. 5. All underground utilities shall be installed prior to permanent street paving. Water Service Requirements The nearest water main to serve the proposed Project is a 16-inch water main located in North Armstrong Avenue. Water facilities are available to provide service to the site subject to the following requirements: 1. On-site water facilities shall be private. 2. Installation of water meter box(es) shall be required. Note: there is an existing 1.5-inch water service line at the property (previously installed; not in use; no meter). 3. No water services or meter boxes shall be allowed within a drive approach or its wings. DPU CONDITIONS OF APPROVAL FOR P22-02376 64-UNIT MULTI-FAMILY DEVELOPMENT – ARMSTRONG APARTMENTS APN 310-250-13 (Note: cross-reference to P22-04389) January 11, 2023 Page 2 of 5 4. The developer shall be financially responsible for abandonment of all unused water services previously installed to the property (if any). 5. Destruction of existing on-site wells: Destroy any existing on-site well(s) in compliance with the State of California Well Standards, Bulletins 74-81 and 74-90, or current revisions, issued by California Department of Water Resources, Fresno County standards, and City of Fresno standards. Applicant shall comply with Fresno Municipal Code (FMC) Section 6-518, as may be amended from time to time. Water Supply Requirements There is an existing 1 (one) 1.5-inch water service (inactive) at the property (and no meter). 1. 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. If the total domestic, commercial, industrial, and irrigation water demands for the applicant’s proposed Project can be accommodated with the existing 1 (one) 1.5-inch water service and no meter, the applicant shall not be required to pay Water Capacity Fee charges. c. If the total domestic, commercial, industrial, and irrigation water demands for the applicant’s proposed Project cannot be accommodated with the existing 1 (one) 1.5-inch water service and no meter, and an additional water meter or a larger water meter is required, the applicant shall be required to pay Water Capacity Fee charges. d. If a larger water meter or fire service is required to accommodate the new, larger water demands, then the Water Capacity Fee charge shall be calculated by subtracting the Water Capacity Fee charge associated with the existing 1 (one) 1.5-inch water service and no meter from the Water Capacity Fee charge associated with the larger water meter size required for the applicant’s Project. e. The Water Capacity Fee charges by meter size are defined in the City’s Master Fee Schedule (MFS). f. The City reserves the right to require the Project applicant to increase or decrease the size of a water meter for a project or a property to ensure that the meter is properly sized to accommodate fire protection requirements and DPU CONDITIONS OF APPROVAL FOR P22-02376 64-UNIT MULTI-FAMILY DEVELOPMENT – ARMSTRONG APARTMENTS APN 310-250-13 (Note: cross-reference to P22-04389) January 11, 2023 Page 3 of 5 to allow for accurate volumetric flow measurements at low- and high-flow conditions. g. 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. 2. The Project applicant shall be required to pay all other water-related fees and charges in accordance with the City’s MFS and the FMC. Sewer Requirements The nearest sanitary sewer main to serve the proposed Project is an 8-inch sewer main located in North Armstrong Avenue. Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 1. Installation of new sewer house branch(es) shall be required if the existing sewer house branch is not adequate and/or operational. 2. On-site sanitary sewer facilities shall be private. 3. House branch (sewer lateral) larger than 6-inch shall require a manhole connection. 4. Destruction of existing on-site private septic systems: All existing on-site private septic systems (including septic tanks) shall be destroyed and abandoned in compliance with the State of California standards, Fresno County standards, and City of Fresno standards, as may be amended from time to time. All sewer connections and sewer main extensions shall comply with FMC Section 6 -303(a), as may be amended from time to time. 5. The developer shall be financially responsible for abandonment of all unused sewer services previously installed to the property (if any). Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project (if not previously paid with the existing sewer service at the property): 1. Lateral Sewer Charge. 2. Oversize Sewer Charge. 3. Wastewater Facility Sewer Charge (Multi-family Residential). 4. The City of Fresno currently does not own capacity in the Fowler Avenue Trunk Sewer line north of Tulare Avenue; however, the City of Fresno has negotiated a temporary DPU CONDITIONS OF APPROVAL FOR P22-02376 64-UNIT MULTI-FAMILY DEVELOPMENT – ARMSTRONG APARTMENTS APN 310-250-13 (Note: cross-reference to P22-04389) January 11, 2023 Page 4 of 5 exchange and interim use of capacity owned by the City of Clovis in the Fowler Avenue Trunk Sewer. This exchange of capacity is conditioned upon Fresno replacing Clovis' capacity with capacity in future facilities agreeable to Clovis and at a cost yet to be determined. 5. Whereas, the necessary and appropriate fees for future replacement of Clovis' Fowler Avenue Trunk Sewer capacity have not been established and adopted by the City Council; the Developer in-lieu of constructing separate sanitary sewer facilities that would otherwise be required of this Project (to provide for collection and conveyance of sanitary sewage discharged from the Project to an approved point of discharge to the Sewer System located south of Tulare Avenue) shall provide payment of an "Interim Fee Surety" based on the current dollars and the present value of money per living unit or living unit equivalent for the impending fees. 6. Said "Interim Fee Surety" may be deferred through a Fee Deferral Agreement to the issuance of a building permit or occupancy. Following adoption of a fee established for replacement of Clovis' capacity in the Fowler Avenue Trunk Sewer by the City Council, "Interim Fee Sureties" provided by the Developer shall be applied to the established fee and any amounts in excess shall be refunded. 7. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility Charges per FMC Sections 6-304 and 6-305. Sewer Facility Charges consist of two components: a Wastewater Facilities Charge and Trunk Sewer Charge, where applicable. 8. Sewer Facility Charges are collected after occupancy on a monthly basis, based on metered usage (water or sewer effluent). 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 City of Fresno MFS. The developer shall provide data regarding estimated sewer discharge rates (flow) and loading (BOD/TSS levels) required for calculating the estimated charges. Solid Waste Requirements For the purpose of establishing City solid waste service policies, multi-family residential complexes are defined as complexes composed of three (3) dwelling units or more per parcel. These service requirements apply to all multi-family residential complexes within the City of Fresno. 1. This location is serviced by a Commercial Solid Waste Franchisee. For service information, please contact Mid Valley Disposal at (559) 237-9425. DPU CONDITIONS OF APPROVAL FOR P22-02376 64-UNIT MULTI-FAMILY DEVELOPMENT – ARMSTRONG APARTMENTS APN 310-250-13 (Note: cross-reference to P22-04389) January 11, 2023 Page 5 of 5 2. All trash bins provided to multi-family residential 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. 3. All multi-family residential 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. 4. 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. 5. Bin enclosures, if provided on site, must be used exclusively for the storage of trash and recycling bins, per The Public Works Standard Specifications P-33 and P-34. 6. All Solid Waste and Recycling services 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 residential complexes (i.e., 24-unit complex must have a minimum of 12 cubic yards of solid waste and recycling service per week). 7. Service Route Permits and Location Permits are required for all private trash company services within the City of Fresno per FMC 9-408. All private company trash service arrangements must be pre-approved through Solid Waste Management Division. 8. Dimension offset of proposed trash enclosure from property line. The safe back up limit per a solid waste vehicle shall not exceed 45-feet. 9. Americans with Disability Act (ADA) requirement for multi-family residential developments: Developer shall install (construct) a trash enclosure(s) 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 (s) in accordance with the City’s ADA requirements. 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 Service & Meter Charge 2"1 EA.$2,671.00 $2,671.00 [1] [6] Time & Materials Charge 8" Fire 1 EA.$16,600.00 $16,600.00 [1] [6] Frontage Charge 298 L.F.$6.50 $1,937.00 [1] [6] Water Capacity Fee 4"1.00 EA.$35,518.00 $35,518.00 [1] [6] Water Capacity Fee 2"1.00 EA.$14,206.00 $14,206.00 [1] [6] Total Water Connection Charges $93,232.00 [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 29,800 Sq.Ft.$0.10 $2,980.00 [6] Oversized Sewer Charge 29,800 Sq.Ft.$0.05 $1,490.00 [6] Fowler Trunk Sewer Interim Fee Surety 64 Units $843.00 $53,952.00 [6] Wastewater Facilities Charge STEP [3][3][4] [7] Trunk Sewer Charge Fowler STEP [3][3][5] [7] Total Sewer Connection Charges $58,422.00 [3] CITYWIDE/REGIONAL IMPACT FEES Service Area Quantity Units Fee Rate Amount Due Notes Citywide Fire Facilities Impact Fee Multi-Family 64 Units $1,743.00 $111,552.00 [7] Citywide Park Facility Impact Fee Multi-Family 64 Units $3,852.00 $246,528.00 [7] [9] Citywide Police Facilities Impact Fee Multi-Family 64 Units $723.00 $46,272.00 [7] Citywide Regional Street Charge Multi-Family 4.39 AC $17,054.00 $74,867.06 [6] New Growth Area Major Street Charge Multi-Family 4.39 AC $53,424.00 $234,531.36 [6] [8] Citywide Traffic Signal Charge Multi-Family 64 Units $591.00 $37,824.00 [6] Total Citywide/Regional Impact Fees $751,574.42 Total Fees and Charges $903,228.42 P22-02376 December 28, 2022 310-250-13 +/- 4.39 acres 64 Living Units RS-1/UGM Armstrong Apartments - 2594 N. Armstrong Avenue 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. Low-Density Residential See notes on page 2 Printed 12/28/2022 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: December 28, 2022 (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 12/28/2022 Page 2 Page 1 of 4 1/27/2023 P22-02376 ARMSTRONG 2594 N.doc SUBJECT: Conditions of Approval for P22-02376 DATE: January 27, 2023 TO: Steven Lieng, Planner III Planning and Development Department FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Traffic Planning Section ADDRESS: 2594 North Armstrong Avenue APN: 310-250-13 ATTENTION: The items below require a separate process with additional fees and timelines, in addition to the development permit process. Submit the following items early to avoid delaying approval of building permits. Final approval of the site plan is contingent on receipt of all items checked below. To be completed: Point of Contact Department and Contact Information Deeds (up to 2-month processing time) Deeds are required to provide easements to the City for required public improvements. They shall be prepared by the owner / developer’s engineer. Contact Jason Camit for fees and processing requirements. Provide a copy of the recorded dedications to Traffic Planning prior to the issuance of building permits. Jason Camit Public Works Department (559) 621-8681 Jason.Camit@fresno.gov 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. Page 2 of 4 1/27/2023 P22-02376 ARMSTRONG 2594 N.doc 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. 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 private 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. When permanent facilities are not available from the Fresno Metropolitan Flood Control District, the applicant shall identify a temporary onsite storm water basin per Public Works Standard P-97 for review and approval from Public Works. Coordinate with the Public Works Department (Scott Tyler at Scott.Tyler@fresno.gov) and Development Department (Kevin Rein at Kevin.Rein@fresno.gov). When a bus shelter is required by the Transportation Department, FAX Division, a thicker sidewalk will be required. Coordinate all conditions of approval between the Public Works Department (Scott Tyler at Scott.Tyler@fresno.gov) and FAX Department (Jeff Long Jeff.Long@fresno.gov). Armstrong Avenue: 2-Lane Collector (Provide the following as notes on the site plan.) 1. Dedication Requirements: a. Where not existing, dedicate a 23’ easement, from section or quarter section line, for public street purposes, within the limits of this application, per modified Public Works Standard P-54. 2. Construction Requirements: a. The proposed street type approaches shown as P-76, P-77, this is a tentative approval until such time that a qualified Civil Engineer prepares street plans that provide the sufficient cross drainage approved by the City Engineer in accordance with Public Works Standard P-10. If grades are not sufficient, construct to Public Works Standards P-2 and P-6. Provide 10’ of red curbing (3 coats) on both sides of the proposed driveway approach. b. Construct concrete sidewalk to Public Works Standard P-5. The curb shall be constructed to a 12’ residential pattern. (5.5’ from face of curb to walk – 6’ sidewalk - .5 from back of walk to right of way.) c. Planting and Irrigation of street trees shall conform to the minimum spacing, guidelines, and requirements as stated in the Public Works Standards and Specifications, Section 25 and 26. Page 3 of 4 1/27/2023 P22-02376 ARMSTRONG 2594 N.doc d. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-7A, E-7B, E-8 for Collectors. Streetlights installed on major streets shall be fed from a service pedestal with a master photo control as detailed in Section 23-3.17 of the City Specifications and Public Works Standards E-15, E-17 and E-18 or as approved by the City Engineer. e. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. Public Improvement Plans are required and shall be approved by the City Engineer. Contact Scott Tyler at (559) 621-8654 or at Scott.Tyler@fresno.gov 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 Melessa Avakian at (559) 621-8812 or at Melessa.Avakian@fresno.gov 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: 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, 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. Gated Entrance: 1. Provide a minimum of 75’ from the proposed gate to the back of walk. Page 4 of 4 1/27/2023 P22-02376 ARMSTRONG 2594 N.doc Provide corrections as noted on red lined exhibits. 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 Louise Gilio (559) 621-8678 or Louise.Gilio@fresno.gov in the Public Works Department, Traffic Planning Section. Page 1 of 5 REV: June 1, 2015 P22-02376 2594 N ARMSTRONG AVE MAINTENANCE CONDITIONS DATE: January 9, 2023 TO: Steve Lieng, Planner II Planning & Development Department FROM: Adrian Gonzalez, Senior Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT: PUBLIC WORKS CONDITIONS OF APPROVAL FOR DEVELOPMENT PERMIT P22-02376 REGARDING MAINTENANCE REQUIREMENTS ADDRESS: 2594 North Armstrong Avenue APN: 310-250-13 The Public Works Department has completed its review and the following requirements are to be placed on this development as a condition of approval by the Public Works Department. These requirements are based on City records, standards and the proposed improvements depicted for this development on the exhibits submitted. ATTENTION: The item (s) below requires a separate process with additional costs and timelines. In order to avoid delays with the approval of this development, the following item (s) shall be submitted to the Public Works Department and accepted for processing prior to Building Permit approval. X CFD Annexation Request Packages (CFD 9 and 18) Adrian Gonzalez (559) 621-8693 Luis.Gonzalez@fresno.gov X Private Maintenance Covenant 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 and shall require a revision of this letter. Any change affecting the items in these conditions requires revision of this letter. INCOMPLETE Community Facilities District (“CFD”) Annexation Request submittals may cause delays to the annexation process and project approval. The annexation process takes from three to four months to complete. Documents SHALL be submitted and accepted for processing prior to Building Permit approval. Page 2 of 5 REV: June 1, 2015 P22-02376 2594 N ARMSTRONG AVE MAINTENANCE CONDITIONS All applicable construction plans for this development are to be submitted to the Public Works Department for review and approval prior to the CFD process. The Landscape and Irrigation Plans are required to be approved prior to the finalization of the CFD process. 1. The Property Owner’s Maintenance Requirements The long term maintenance and operating costs, including repair and replacement, of certain required public improvements (“Services”) associated with all new Commercial, Industrial and Multi-Family developments are the ultimate responsibility of the Property Owner. The property owner shall provide Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District No. 9 (“CFD No. 9”). The following public improvements (existing and proposed) are eligible for Services by CFD No. 9 as associated with this development: ▪ All landscaped areas, trees and irrigation systems, as approved by the Public Works Department, within public street rights-of-way, required public trail easements, and landscape easements located between required sound walls and adjacent to public streets; including without limitation, median islands (1/2 if frontage is only on one side) and parkways. (Major and Local Public Streets) ▪ All amenities such as benches, drinking fountains, trash receptacles, City required fencing and low voltage lighting, as approved by the Public Works Department for officially designated and required public trails. ▪ Tree trimming only of required street trees within public street easements along Major and Local Public Street frontages. ▪ Concrete curb and gutters, valley gutters, sidewalks, curb ramps, median capping and maintenance bands (1/2 if frontage is only on one side), and traffic calming structures in the street rights-of-way. (Major Public Streets) ▪ Concrete curb and gutters, valley gutters, sidewalks, curb ramps, traffic calming structures, median island curbing and hardscape, street paving and street name signage. (Local Public Streets) ▪ All costs associated with the street lights (including repair and replacement) within public street rights-of-way. (Major and Local Public Streets) 2. The Property Owner’s Service Requirements The recurring expenditures related to Public Safety Services, police and fire safety/protection/suppression (“Services”), provided by the City that are associated with Page 3 of 5 REV: June 1, 2015 P22-02376 2594 N ARMSTRONG AVE MAINTENANCE CONDITIONS all new Multi-Family developments are the ultimate responsibility of the Developer. The Developer shall provide these Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District No. 18 (“CFD No. 18”). The following public safety services will be furnished by CFD No. 18 as associated with this development: ▪ The services to be funded, in whole or in part, by the District include all direct and incidental costs related to providing for the funding of public safety services within the area of the District. ▪ The services shall include, but not be limited to, police and fire safety/protection/suppression services. ▪ The District may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and ma intaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. ▪ The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the City related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District. ▪ The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District. The Property Owner may choose to do the following: I. The Property Owner may petition the City of Fresno to request annexation to CFD No. 9 by completing and submitting an Annexation Request Package to the Page 4 of 5 REV: June 1, 2015 P22-02376 2594 N ARMSTRONG AVE MAINTENANCE CONDITIONS Public Works Department, Land Section for review and approval. The Annexation Request Form is available, along with current costs, on -line at the City’s website at http://www.fresno.gov, under the Public Works Department, Developer Doorway. ▪ Proceedings to annex territory to CFD No. 9 SHALL NOT commence unless this development is within the City limits and all construction plans (this includes Street, Street Light, Signal and Landscape and Irrigation plans as applicable) are considered technically correct. (Technically Correct shall mean that the facilities and quantities to be maintained by CFD No. 9 are not subject to change after acceptance for processing.) ▪ The annexation process will be put on HOLD and the developer notified if all of the requirements for processing are not in compliance. ▪ The annexation process takes from three to four months to complete. Documents SHALL be submitted and accepted for processing prior to building permit approvals. The review and approval of Landscape and Irrigation Plans are required to be approved by the Public Works Department prior to the completion of the annexation process. ▪ Public improvements not listed above will require special approval by the Public Works Department Director or his designee. II. The Property Owner may provide for Services privately for the above maintenance requirements. All City maintenance requirements not included for annexation to CFD No. 9 for Services SHALL be included in a Private Maintenance Covenant for the required Services associated with this development or as approved by the City Engineer. III. The Property Owner may petition the City of Fresno to request annexation to CFD No. 18 by completing and submitting an Annexation Request Package to the Public Works Department, Traffic Operations and Planning Division for review and approval. The Annexation Request Form is available, along with current costs, on-line at the City’s website at http://www.fresno.gov, under the Public Works Department, Land Development. ▪ Proceedings to annex the final map to CFD No. 18 SHALL NOT commence unless this development is within the City limits and all construction plans (this includes Street, Street Light, Signal, Landscape and Irrigation plans, and any other plans needed to complete the process) are considered technically correct. (Technically Correct shall mean that the facilities and quantities to be maintained by CFD No. 18 are not subject to change after acceptance for processing.) Page 5 of 5 REV: June 1, 2015 P22-02376 2594 N ARMSTRONG AVE MAINTENANCE CONDITIONS ▪ The annexation process will be put on HOLD and the developer notified if all of the requirements for processing are not in compliance. Any change to this development that would affect these conditions shall require a revision of this letter. For any questions regarding these conditions please contact me at (559) 621-8693 / Luis.Gonzalez@fresno.gov DEPARTMENT OF PUBLIC WORKS TO: Steven Lieng, Planner II Planning & Development Department FROM: Adrian Gonzalez, Senior Engineering Technician Public Works, Traffic Operations and Planning Division DATE: January 9, 2023 SUBJECT: P22-02376; 2594 N Armstrong Ave (APN: 310-250-13) located on the east side of North Armstrong Avenue, north of East Clinton Avenue. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street rights-of-way and landscape easements: 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 or one tree per home (whichever is greater) by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with AB 1881. 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 40' of street frontage, or one tree per lot having street frontage, whichever is greater. Tree planting shall be within a 10' Public Planting and Utility Easement. a. Street tree inspection fees shall be collected for each 40' of public street frontage or one tree per lot whichever is greater. 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. 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. e. There are no designated street trees for any of the streets on this project. Please choose appropriate trees form the list of Approved Street Trees. 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. d. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. e. No private flags, signs or identification of any kind shall be permitted in the right-of-way, within the City - controlled easement or on the fence or wall facing the street. f. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. Please submit all landscape and irrigation plans to: dpwplansubmittal@fresno.gov for plan review to the scale of 1” =20’ prior to the installation of any landscaping within the right-of-way. PROJECT NO: APN: ADDRESS: SENT: 2022-02376 2594 N. ARMSTRONG AVE. 310-250-13 January 03, 2023 PUBLIC AGENCY STEVEN LIENG PLANNING & DEVELOPMENT DEPARTMENT CITY OF FRESNO 2600 FRESNO STREET FRESNO, CA 93721-3604 DEVELOPER SCOTT VINCENT, THE VINCENT COMPANY ARCHITECTS, INC. 1500 W. SHAW AVE., SUITE 304 FRESNO, CA 93711 Drainage Area(s)Preliminary Fee(s) BS $63,884.00 Development Review Service Charge(s)Fee(s) NOR Review $158.00 To be paid prior to release of District comments to Public Agency and Developer. Grading Plan Review $803.00 Amount to be submitted with first grading plan submittal. Total Drainage Fee: $63,884.00 Total Service Charge: $961.00 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 2/28/24 based on the site plan submitted to the District on 12/15/22 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.)Creditable storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)The actual cost incurred in constructing Creditable drainage system facilities is credited against the drainage fee obligation. e.)When the actual costs incurred in constructing Creditable facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. f.) Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5% of the refund whichever is less will be retained without fee credit. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS File No. 210.412 Page 1 of 3 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a.Drainage from the site shall BE DIRECTED TO ARMSTRONG AVENUE. b.Grading and drainage patterns shall be as identified on Exhibit No. c.The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2.The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as X None required. 3.The following final improvement plans and information shall be submitted to the District for review prior to final development approval: X Grading Plan Street Plan Storm Drain Plan Water & Sewer Plan Final Map X Drainage Report (to be submitted with tentative map) Other None Required 4.Availability of drainage facilities: a.Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s). b.The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c.Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d.See Exhibit No. 2. 5.The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 3 7.The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a.State General Permit for Storm Water Discharges Associated with Construction Activities, effective July 1, 2010, as amended. A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre) if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent and Permit Registration Documents to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. b.State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 2014 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. c.The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8.A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9.The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Debbie Campbell Gary W. Chapman Design Engineer, RCE Engineering Tech III Digitally signed by Debbie Campbell Date: 1/3/2023 10:03:07 AM Digitally signed by Gary W. Chapman Date: 12/30/2022 11:15:54 AM CC: ROBERT DULEY 2408 N. ARMSTRONG FRESNO, CA 93727 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 3 The minimum finish floor elevation shall be 344.30 (U.S.G.S. Datum). The District’s existing Master Plan drainage system is designed to serve low density residential land uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed medium-high density residential land use. The developer shall be required to mitigate the impacts of the increased runoff from the proposed medium-high density residential land use to a rate that would be expected if developed to low density residential land use. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the developer choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a medium- high density residential development, to a two-year discharge, which would be produced by the property if developed low density residential. Implementation of the mitigation measures may be deferred until the time of development. However, the District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of mitigation design prior to preparing a grading plan. 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. 2022-02376 OTHER REQUIREMENTS EXHIBIT NO. 2 Fresno Metropolitan Flood Control District Capturing Stormwater since 1956 k:\letters\rezone letters\fresno\2022\22-04389(bs)(gc).docx 5469 E. Olive Avenue • Fresno, CA 93727 • (559) 456-3292 • FAX (559) 456-3194 www.fresnofloodcontrol.org File 210.412 210.414 310. “BS” January 4, 2023 Mr. Steven Lieng, Planner City of Fresno, Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Lieng, Rezone and General Plan Amendment No. P22-04389 DPA 2022-02376 Drainage Area “BS” The proposed rezone and general plan amendment lies within the District’s Drainage Area “BS”. The District has reviewed the land use changes proposed through the subject rezone and plan amendment. The District’s existing Master Plan drainage system was designed to serve low density residential uses and does not have the capacity to accommodate the increased runoff generated by the proposed medium high density residential land use. The District requests that, as a condition of the proposed rezone and plan amendment, the developer be required to mitigate the impacts of the increased runoff from the proposed medium high density residential land use to a rate that would be expected if developed to low density residential. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Implementation of the mitigation measures may be deferred until the time of development. Should the developer choose to construct a permanent peak reducing facility, this system would be required to reduce runoff from a ten-year storm produced by the proposed medium high density residential land use development and release a two-year discharge, which would be produced by the property if developed low density residential. The developer will be required to submit improvement plans to the District for review and approval showing the proposed method of mitigation prior to implementation. If there are any questions concerning this matter, please feel free to contact the District. Sincerely, Gary Chapman Engineer Technician III GC/lrl Plan Review Team Land Management PGEPlanReview@pge.com Pacific Gas and Electric Company P.O. Box 0000 City, State, Zip Code PG&E Gas and Electric Facilities Page 1 Public January 26, 2023 City of Fresno Planning Division 2600 Fresno Street Fresno, CA 93721 Re: P22-02376 Armstrong Apartments 2594 N Armstrong Avenue, Fresno, CA 93727 Dear City of Fresno, Thank you for giving us the opportunity to review the subject plans. The proposed P22-02376 Armstrong Apartments is within the same vicinity of PG&E’s existing facilities that impact this property. PG&E operates gas and electric distribution facilities within a public utility easement on the subject property. As indicated on the project plans, there is an existing power pole along Armstrong Avenue and an existing power pole within the property planned to be relocated. Please contact PG&E’s Service Planning department at www.pge.com/cco for any modification or relocation requests, or for any additional services you may require, prior to any planned demolition or new construction. For planting near or under PG&E’s electric distribution facilities, plant only small trees that will grow no taller than 25 feet at maturity. The Company requests you maintain a minimum distance of 5-feet from any proposed trees or brush to the underground gas linefor safety and access purposes. As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site. You may also contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782. If you have any questions regarding our response, please contact me at alexa.gardea@pge.com. Sincerely, Alexa Gardea Land Management 916-760-5738 Exhibit K – Neighborhood Meeting Information 735 West Alluvial Avenue Suite 103 Fresno, CA 93711 Phone: 559-437-1990 Fax: 559-437-1992 E-mail: austin@ewellgroup.com City of Fresno June 16, 2022 2600 Fresno Street Room 3065 Fresno, CA 93721 Attn: Elizabeth Salazar Re: Neighborhood Meeting & Presentation for Armstrong Apartments Dear Ms. Salazar, Introduction: The proposed Armstrong Apartments project will be comprised of 64 multi-family residential units in two- story wood framed buildings with one-bedroom one bath, two-bedroom two bath and three bedroom two bath units. The proposed project site is located on the east side of North Armstrong Avenue and east of Clinton Avenue. A rezoning of the subject property (which is approximately 4.20 acres) is being requested from the current zoning designation of RS-1 (Single Family Residential) to an RM-1 (Residential, Multi- family) designation. §15-5006 and §15-5805- Neighborhood Meeting: In compliance with the Fresno’s Citywide Development Code §15-5006 and §15-5805, a Neighborhood Meeting was held on Tuesday, June 14th, 2022 at 6:30 p.m., in the Multi-Purpose Room at Roger Oraze Elementary School located at 3468 N. Armstrong Avenue in Fresno, California to give the public an opportunity to discuss the proposed Armstrong Apartments project, and make the community aware of the request to rezone the subject property. The presenters for the meeting were applicants Tim Simons, President of Northstar General, Inc, and Mr. Scott Vincent, Principal of The Vincent Company. The meeting began at 6:30 p.m. and ended at 7:02 p.m. with zero attendees. The City approved Notices (See Exhibit A) of the meeting, were mailed to the community by First Class Mail on Thursday, June 2nd, 2022 (See Exhibit B), using the list of owners, along with mailing addresses, from the most recent County Assessment Roll you provided for any property within the required 500 feet of the exterior boundaries of the subject property. Copies of the individual Certificate of Mailings and a copy of the receipt for the purchase of First Class Mail postage can be provided upon request. Notices were placed in a prominent area, and a 24’ x 36’ sign was posted outside of the multi-purpose room at Oraze Elementary (See Exhibit C). Additional copies of the Notices and copies of the Operation Statement for the Armstrong Apartments (see Exhibit D) were provided at the entrance of the multi-purpose room next to the sign-in sheet. Thank you again for your willingness to help as this meeting was coordinated. Should you have any questions please feel free to contact Mr. Tim Simons of Northstar General, Inc. at (559) 222-7903. Kind Regards, Monica McBrearty, Executive Assistant to Mr. Austin Ewell Cc: Mr. Tim Simons, Northstar General, Inc Mr. Scott Vincent, The Vincent Company Enc (Exhibits A-D) NORTHSTAR GENERAL INC. 1500 W. SHAW AVENUE SUITE 406 FRESNO, CA 93711 TEl: 559. 222.7903 FAX: 559. 222.7904 EXHIBIT 'A' Exhibit ‘B’ Proof of Mailing Receipt of Purchase for First Class Mail Exhibit ‘C’ Entrance to the Multi-Purpose Room at Oraze Elementary School OPERATIONAL STATEMENT FOR ARMSTRONG APARTMENTS 2594 North Armstrong Avenue Fresno, California Project Statistics: a. Project Developer:Robert & Debbie Duley c/o Northstar General 1500 West Shaw Avenue, Ste. 406 Fresno, California 93711 559.222.7903 b. Project Location:East side of North Armstrong Avenue north of East Clinton Avenue, Fresno, CA c. Current Project Address(es)2594 North Armstrong Avenue d. Assessor’s Parcels:310-250-13 e. Parcel Sizes: 1. Existing Parcel Size 191,172 sf / 4.38 acres 2. Dedication Required 8,032 sf / 0.18 acres 3. Total Proposed Site Size 183,140 sf / 4.20 acres f. Community Plan McLane g. General Plan Designation:Low Density Residential h. Current Zoning:RS-1 Single Family Residential i. Current Use:Retail Nursery j. Proposed Zoning:RM-1 Medium Residential, Multi- Family k. Proposed Use 64 unit market rate multi-family residential development l. Adjacent Uses 1. North Residential (RS-1 Designation) Exhibit 'D' 2.East Residential (RS-4 Designation) 3.South Residential (RS-1 Designation) 4.West Residential (RS-5 Designation) m.Proposed Unit Mix: 1.One Bedroom / One Bath 12 units 2.Two Bedroom / Two Bath 32 units 2.Three Bedroom / Two Bath 20 units n.Parking Provided 1.Covered Spaces Provided 64 stalls 2.Open Spaces Provided 60 stalls 3.Total Parking Provided 124 stalls 4.Parking Ratio Provided 1.94 stalls per unit 5.Bicycle Parking Provided 10 o.Site Coverage: 1.Buildings, including carports 52,662 sf (28.8%) 2.Paving, excluding carports 32,060 sf (17.5%) 3.Public Open Space 98,418 sf (53.7%) p.Open Space 1.Minimum Required (20% of the lot area)36,620 sf 2.Space Provided 40,700 sf* *includes recreational space in the Community Building, private patios and private balconies q.Site Density 1.Allowed Density a.Per RM-1 District 16.00 units per acre 2.Proposed Density (64 units / 4.20 net acres)15.24 units per acre Project Characteristics: The project will consist of 64 multi-family residential units to be constructed in two- story wood framed buildings utilizing one bedroom one bath, two bedroom two bath and three bedroom two bath units. These buildings will integrate an architectural theme intended to blend with recently built projects found in the neighborhood, with stucco exteriors and high-profile composition shingle roofs. Additional accents will be added to the building elevations through the addition of panels utilizing alternate finishes and textures, and the use of accent colors on the elevations to break wall surfaces. The location of the development does include some large lot single family residential development, which is remnant from the former rural nature of this area. However, in recent years, surrounding properties have been designated for much higher density development, including large areas of property designated RS-4 and RS-5, which allows for the development of multi-family housing units. As such, we consider this proposal to be consistent with the nature of ongoing development in the area. The residential units will be provided with a covered outdoor patio or balcony to provide private outdoor recreations space. Ample additional recreation space is provided through the provisions of a swimming pool with arbors and bar-b-que amenities within the pool area, as well as open landscaping that can be utilized for activities. The project will be provided with public access from North Armstrong Avenue, and will be gated for project security. In order to minimize maintenance of the gate operators, the gates will be open during daylight hours (generally from 7:00 am to 7:00 pm). During evening hours, visitors can access the site through the use of a call box (located in a pull-out to allow for through traffic of residents) connected to the residential units. Emergency vehicle access will be provided as required by City of Fresno Fire Department standards. Parking will include 64 carports and 60 open stalls providing an overall parking ratio of over 1.94 stalls per unit. 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-1) 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. In evaluating traffic generation for the project, reference is made to the current 10th Edition of the ITE Trip Generation Manual, which indicates the a factor of 7.32 trips per unit will be generated by low-rise (one- or two-story) apartments, with 0.46 peak morning trips per unit, and 0.56 peak afternoon trips. This would indicate that this project will generate 469 total trips per day, 30 peak morning trips and 36 peak afternoon trips. These levels are below the thresholds for analysis of Vehicle Miles Travelled (VMT) or for requiring the preparation of a traffic impact study. The project will require the removal of the existing retail and nursery structures prior to construction of the new units. The units being removed do not appear to meet any of the requirements for designation as a Historic Resource under the City of Fresno Historic Preservation Ordinance or designation under the National Register of Historic Places. Prior to obtaining a demolition permit, a hazardous materials study will be conducted and any materials found removed in accordance with current regulations prior to final demolition. Operational Statement Page 3 Exhibit L – Public Hearing Notice & Noticing Map CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING PLAN AMENDMENT AND REZONE APPLICATION NO. P22-04389 DEVELOPMENT PERMIT APPLICATION NO. P22-02376 AND THE RELATED ENVIRONMENTAL ASSESSEMENT NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission, 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, will conduct a public hearing to consider the items below which pertain ±4.39 acres of property located on east side of North Armstrong Avenue between East Clinton and East Shields Avenues: 1. Environmental Assessment No. P22-04389/P22-02376: Recommends that a Mitigated Negative Declaration dated June 16, 2023, be adopted for the project; and 2. Plan Amendment Application No. P22-04389: Proposes to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Residential – Low Density to Medium High Density; and 3. Rezone Application No. P22-04389: Proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) to RM-1 (Residential Multi-Family, Medium High Density) zone district; and 4. Development Permit Application No. P22-02376: Requests to construct a 64-unit two-story multi- family residential development with a community building. The project also proposes on and off-site improvements including but not limited to: one (1) point of ingress and egress; curbs, gutters, and sidewalks; and landscaping. Any interested person may participate in person or electronically during the public hearing to speak in favor or against the project proposal, by either Zoom meeting or telephone with instructions provided on the Planning Commission Agenda, and present written testimony at least 24 hours in advance, via an eComment or by email to PublicCommentsPlanning@fresno.gov (cc: Steven.Lieng@fresno.gov). All documents submitted to the Planning Commission for its consideration prior to or at the hearing shall be submitted to the Planning Commission at least 24 hours prior to the Commission agenda item being heard, pursuant to the Planning Commission rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings 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 Planning Commission recommendation on the proposed Entitlements and Environmental Assessment will be considered by the City Council. NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007-B. 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 Enrique Aponte, Planning and Development Department, by telephone at (559) 621-8007 or via e-mail at Steven.Lieng@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070 or email Jose.Valenzuela@fresno.gov. PLANNING AND DEVELOPMENT DEPARTMENT Jennifer K. Clark, AICP, HDFP, Director Dated: July 7, 2023 Assessor’s Parcel No. 310-250-13 SEE MAP ON REVERSE SIDE Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY PLANNING COMMISSION Date/Time: Wednesday, July 19, 2023, at 6:00 p.m., or thereafter Place: City Hall Council Chamber, Second Floor, 2600 Fresno Street, Fresno CA 93721; or, Watch the live broadcast via the Zoom link located on the Planning Commission agenda found here: https://fresno.legistar.com/Calendar.aspx Steven Lieng PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO STREET, ROOM 3043 FRESNO CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 2594 North Armstrong Avenue P22-04389 & P22-02376 VICINITY MAP 2594 North Armstrong Avenue Subject Property (±4.39 acres) CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission, 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, will conduct a public hearing to consider the items below which pertain ±4.39 acres of property located on east side of North Armstrong Avenue between East Clinton and East Shields Avenues: 1. Mitigated Negative Declaration as prepared for Environmental Assessment No. P22- 04389/P22-02376, dated June 16, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and 2. Plan Amendment Application No. P22-04389, requesting authorization to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the ±4.39-acre subject property from Low Density Residential to Medium High Density Residential; and 3. Rezone Application No. P22-04389, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the ±4.39-acre subject property from the from RS-1 (Residential Single-Family, Extremely Low Density) to RM-1 (Residential Multi-Family, Medium High Density) zone district in accordance with the Plan Amendment Application; and 4. Development Permit Application No. P22-02376, requesting authorization to construct a 64- unit, two-story multi-family residential development including a community building, subject to compliance with the Conditions of Approval dated August 10, 2023. Any interested person may also participate electronically during the public hearing to speak in favor or against the project proposal, by Zoom meeting with instructions provided on the City Council Agenda, and present written testimony at least 24 hours in advance, pursuant to the City Council rules and procedures, 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 Planning Commission/City Council at, or prior to, the public hearing. The Fresno City Planning Commission considered this application at its meeting on July 19, 2023, and voted to recommend approval. NOTE: This public hearing notice is being mailed 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 regarding this project, contact Steven Lieng, Planning and Development Department, Development Services Division, by telephone at (559) 621-8007, or via e-mail at Steven.Lieng@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070. Jennifer K. Clark, AICP, HDFP, Director Planning and Development Department Dated: July 28, 2023 Assessor’s Parcel No(s). 310-250-13 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, August 10, 2023, at 10:05 a.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 Steven Lieng PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO STREET, ROOM 3043 FRESNO CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 2594 North Armstrong Avenue P22-04389 & P22-02376 VICINITY MAP 2594 North Armstrong Avenue Subject Property (±4.39 acres) Noticing Map Legend Subject Property Noticing Boundary Exhibit M – Environmental Assessment CITY OF FRESNO NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Filed with the FRESNO COUNTY CLERK 2220 Tulare Street, Fresno, CA 93721 ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT PERMIT APPLICATION NO. P22-02376 AND PLAN AMENDMENT REZONE APPLICATION NO. P22-04389 APPLICANT: Scott A. Vincent The Vincent Company Architects, Inc. 1500 West Shaw Avenue, Suite 304 Fresno, CA 93711 PROJECT LOCATION: 2594 North Armstrong Avenue; located on east side of North Armstrong Avenue between East Clinton and East Shields Avenues in the City and County of Fresno, California (See Exhibit A - Vicinity Map) APN: 310-250-13 Site Latitude: 36º45’25.032” N & Site Longitude: 119º40’18.984” W Mount Diablo Base & Meridian, Township T.13S, Range R.21E, Section 27 The full Initial Study and the Fresno General Plan Program Environmental Impact Report (PEIR) are on file in the Planning and Development Department, Fresno City Hall, 3rd Floor, Room 3043, 2600 Fresno Street, Fresno, CA 93721. PROJECT DESCRIPTION: Development Permit Application. P22-02376 was filed by Scott Vincent of The Vincent Company Architects, Inc. and pertains to ±4.39 acres located on 2594 North Armstrong Avenue. The applicant proposes to construct a 64-unit two-story multi-family residential development including community building. The applicant also proposes to up zone from RS-1 (Residential Single- Family, Extremely Low Density) (±4.39 acres) to RM-1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application. Related applications Plan Amendment Rezone Application No. P22-04389. In addition, the project consists of on and off-site improvements to be provided including landscaping and trees; three trash enclosures; one drive approach; and curbs, gutters, and sidewalks. The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration. The environmental analysis contained in the Initial Study is tiered from the PEIR State Clearinghouse No. 2019050005 prepared for the Fresno General Plan pursuant to CEQA Guidelines § 15152 and incorporates the PEIR by reference pursuant to CEQA Guidelines § 15150. Pursuant to the California Public Resources Code (PRC) §§ 21093 and 21094 and California Environmental Quality Act (CEQA) Guidelines §§ 15070 to 15075, 15150, and 15152, this project has been evaluated with respect to each item on the attached Appendix G/Initial Study Checklist to determine whether this project may cause any additional significant effect on the environment, which was not previously examined in the PEIR. After conducting a review of the adequacy of the PEIR pursuant to PRC § 21157.6(b)(1) and CEQA Guidelines §§ 15151 and 15179(b), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information, which was not known and could not have been known at the time that the PEIR was certified as complete, has become available. The completed Appendix G/Initial Study Checklist, its associated narrative, technical studies, and mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the project application and its related environmental assessment application, responses to requests for comment, checklist, Initial Study narrative, and any attachments thereto, combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures. With mitigation imposed under the PEIR and project specific mitigation, there is no substantial evidence in the record that this project may have additional significant, direct, indirect, or cumulative effects on the environment that are significant and that were not identified and analyzed in the PEIR. The Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information, which was not known and could not have been known at the time that the PEIR was certified as complete has become available. Based upon the evaluation guided by the Appendix G/Initial Study Checklist, it was determined that there are project specific foreseeable impacts which require project level mitigation measures. The Initial Study has concluded that the proposed project will not result in any adverse effects, which fall within the "Mandatory Findings of Significance" contained in § 15065 of the State CEQA Guidelines. The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment. Public notice has been provided regarding staff’s finding in the manner prescribed by § 15072 of the CEQA Guidelines and by § 21092 of the PRC Code (CEQA provisions). Additional information on the proposed project, including the PEIR, proposed environmental finding of a Mitigated Negative Declaration and the Initial Study may be obtained from the Planning and Development Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor, Room 3043, Fresno, California 93721 3604. Please contact Steven Lieng, Planner II at (559) 621-8007 or via email at Steven.Lieng@fresno.gov for more information. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor’s name and address; (2) the commentor’s interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on October 13, 2022. Please direct comments to Steven Lieng, Planner II, City of Fresno Planning and Development Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, 93721-3604; or by email to Steven.Lieng@fresno.gov. INITIAL STUDY PREPARED BY: Steven Lieng, Planner II SUBMITTED BY: DATE: June 16, 2023 Jose Valenzuela, Supervising Planner CITY OF FRESNO PLANING AND DEVELOPMENT DEPARTMENT Attachments: Exhibit A – Vicinity Map CITY OF FRESNO MITIGATED NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT/REZONE APPLICATION NO. P22-04389 DEVELOPMENT PERMIT APPLICATION NO. P22-02376 State Clearinghouse Number: ________________ City of Fresno Planning and Development Department 2600 Fresno Street, 3rd Floor Fresno, CA 93721 Prepared by: Precision Civil Engineering, Inc. 1234 O Street Fresno, CA 93721 June 16, 2023 Attachments: Notice of Intent to Adopt a Mitigated Negative Declaration Appendix G/Initial Study for a Mitigated Negative Declaration Project Specific Mitigation Monitoring Checklist dated June 2023 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 2 Table of Contents 1 INTRODUCTION ..................................................................................................................................................8 1.1 Regulatory Information ...............................................................................................................................8 1.2 Document Format .......................................................................................................................................8 2 ENVIRONMENTAL CHECKLIST FORM ............................................................................................................... 10 2.1 Project Title .............................................................................................................................................. 10 2.2 Lead Agency Name and Address .............................................................................................................. 10 2.3 Contact Person and Phone Number ........................................................................................................ 10 2.4 Study Prepared By .................................................................................................................................... 10 2.5 Project Location ....................................................................................................................................... 10 2.6 Latitude and Longitude ............................................................................................................................ 10 2.7 General Plan Designation ......................................................................................................................... 13 2.8 Zoning ...................................................................................................................................................... 13 2.9 Description of Project .............................................................................................................................. 18 2.10 Project Setting and Surrounding Land Uses ............................................................................................. 18 2.11 Site Preparation ....................................................................................................................................... 19 2.12 Project Construction and Phasing ............................................................................................................ 19 2.13 Project Components ................................................................................................................................ 19 2.14 Technical Studies ..................................................................................................................................... 32 2.15 Consultation with California Native American Tribes ............................................................................... 34 3 DETERMINATION ............................................................................................................................................. 35 3.1 Environmental Factors Potentially Affected ............................................................................................ 35 3.2 Determination .......................................................................................................................................... 35 4 EVALUATION OF ENVIRONMENTAL IMPACTS ................................................................................................. 37 4.1 AESTHETICS .............................................................................................................................................. 37 4.1.1 Environmental Setting ..................................................................................................................... 37 4.1.2 Impact Assessment .......................................................................................................................... 43 4.1.3 Mitigation Measures ........................................................................................................................ 45 4.2 AGRICULTURE AND FORESTRY RESOURCES ............................................................................................. 46 4.2.1 Environmental Setting ..................................................................................................................... 46 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 3 4.2.2 Impact Assessment .......................................................................................................................... 47 4.2.3 Mitigation Measures ........................................................................................................................ 48 4.3 AIR QUALITY ............................................................................................................................................. 49 4.3.1 Environmental Setting ..................................................................................................................... 49 4.3.2 Impact Assessment .......................................................................................................................... 54 4.3.3 Mitigation Measures ........................................................................................................................ 56 4.4 BIOLOGICAL RESOURCES .......................................................................................................................... 57 4.4.1 Environmental Setting ..................................................................................................................... 58 4.4.2 Impact Assessment .......................................................................................................................... 69 4.4.3 Mitigation Measures ........................................................................................................................ 70 4.5 CULTURAL RESOURCES ............................................................................................................................ 71 4.5.1 Environmental Setting ..................................................................................................................... 71 4.5.2 Impact Assessment .......................................................................................................................... 73 4.5.3 Mitigation Measures ........................................................................................................................ 74 4.6 ENERGY .................................................................................................................................................... 76 4.6.1 Environmental Setting ..................................................................................................................... 76 4.6.2 Impact Assessment .......................................................................................................................... 78 4.6.3 Mitigation Measures ........................................................................................................................ 81 4.7 GEOLOGY AND SOILS ............................................................................................................................... 82 4.7.1 Environmental Setting ..................................................................................................................... 83 4.7.2 Impact Assessment .......................................................................................................................... 86 4.7.3 Mitigation Measures ........................................................................................................................ 88 4.8 GREENHOUSE GAS EMISSIONS ................................................................................................................ 89 4.8.1 Environmental Setting ..................................................................................................................... 89 4.8.2 Impact Assessment .......................................................................................................................... 94 4.8.3 Mitigation Measures ...................................................................................................................... 100 4.9 HAZARDOUS AND HAZARDOUS MATERIAL ............................................................................................ 111 4.9.1 Environmental Setting ................................................................................................................... 111 4.9.2 Impact Assessment ........................................................................................................................ 115 4.9.3 Mitigation Measures ...................................................................................................................... 117 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 4 4.10 HYDROLOGY AND WATER QUALITY ....................................................................................................... 118 4.10.1 Environmental Setting ................................................................................................................... 119 4.10.2 Impact Assessment ........................................................................................................................ 119 4.10.3 Mitigation Measures ...................................................................................................................... 125 4.11 LAND USE PLANNING ............................................................................................................................. 126 4.11.1 Environmental Setting ................................................................................................................... 126 4.11.2 Impact Assessment ........................................................................................................................ 126 4.11.3 Mitigation Measures ...................................................................................................................... 128 4.12 MINERAL RESOURCES ............................................................................................................................ 129 4.12.1 Environmental Setting ................................................................................................................... 129 4.12.2 Impact Assessment ........................................................................................................................ 129 4.12.3 Mitigation Measures ...................................................................................................................... 129 4.13 NOISE ..................................................................................................................................................... 130 4.13.1 Environmental Setting ................................................................................................................... 130 4.13.2 Impact Assessment ........................................................................................................................ 134 4.13.3 Mitigation Measures ...................................................................................................................... 136 4.14 POPULATION AND HOUSING ................................................................................................................. 137 4.14.1 Environmental Setting ................................................................................................................... 137 4.14.2 Impact Assessment ........................................................................................................................ 138 4.14.3 Mitigation Measures ...................................................................................................................... 138 4.15 PUBLIC SERVICES .................................................................................................................................... 139 4.15.1 Environmental Setting ................................................................................................................... 139 4.15.2 Impact Assessment ........................................................................................................................ 140 4.15.3 Mitigation Measures ...................................................................................................................... 142 4.16 RECREATION .......................................................................................................................................... 143 4.16.1 Environmental Setting ................................................................................................................... 143 4.16.2 Impact Assessment ........................................................................................................................ 146 4.16.3 Mitigation Measures ...................................................................................................................... 147 4.17 TRANSPORTATION ................................................................................................................................. 148 4.17.1 Environmental Setting ................................................................................................................... 148 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 5 4.17.2 Impact Assessment ........................................................................................................................ 151 4.17.3 Mitigation Measures ...................................................................................................................... 154 4.18 TRIBAL CULTURAL RESOURCES .............................................................................................................. 155 4.18.1 Environmental Setting ................................................................................................................... 155 4.18.2 Impact Assessment ........................................................................................................................ 155 4.18.3 Mitigation Measures ...................................................................................................................... 156 4.19 UTILITIES AND SERVICE SYSTEMS ........................................................................................................... 157 4.19.1 Environmental Setting ................................................................................................................... 157 4.19.2 Impact Assessment ........................................................................................................................ 158 4.19.3 Mitigation Measures ...................................................................................................................... 162 4.20 WILDFIRE ................................................................................................................................................ 163 4.20.1 Environmental Setting ................................................................................................................... 163 4.20.2 Impact Assessment ........................................................................................................................ 163 4.20.3 Mitigation Measures ...................................................................................................................... 164 4.21 MANDATORY FINDINGS OF SIGNIFICANCE ............................................................................................ 165 4.21.1 Impact Assessment ........................................................................................................................ 165 5 MITIGATION MONITORING AND REPORTING PROGRAM.............................................................................. 167 6 REPORT PREPARATION .................................................................................................................................. 171 APPENDICIES .......................................................................................................................................................... 172 6.1 Appendix A: CalEEMod Output Files ...................................................................................................... 172 6.2 Appendix B: CHRIS Record Search Results, NAHC Correspondence, Historic Review Report ................ 175 6.3 Appendix C: Acoustical Analysis ............................................................................................................. 176 6.4 Appendix D: Vehicle Miles Traveled Analysis ......................................................................................... 177 Figures Figure 2-1 Regional Location Map ........................................................................................................................... 11 Figure 2-2 Project Vicinity Map ................................................................................................................................ 12 Figure 2-3 City of Fresno General Plan Land Use Designation Map (Existing) .......................................................... 14 Figure 2-4 City of Fresno General Plan Land Use Designation Map (Proposed)....................................................... 15 Figure 2-5 City of Fresno Zone District Map (Existing) ............................................................................................. 16 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 6 Figure 2-6 City of Fresno Zone District Map (Proposed) .......................................................................................... 17 Figure 2-7 Project Site Plan ...................................................................................................................................... 21 Figure 2-8 Unit Types 1 and 2 Floor Plans ................................................................................................................ 22 Figure 2-9 Unit Type 3 Floor Plans ........................................................................................................................... 23 Figure 2-10 Building A (Community Center) Floor Plan ........................................................................................... 24 Figure 2-11 Building A Elevations ............................................................................................................................. 25 Figure 2-12 Building B Elevations ............................................................................................................................. 26 Figure 2-13 Building C Elevations ............................................................................................................................. 27 Figure 2-14 Building D Elevations............................................................................................................................. 28 Figure 2-15 Building E Elevations ............................................................................................................................. 29 Figure 2-16 Civil Plans for Project Site ..................................................................................................................... 30 Figure 2-17 Landscape and Open Space Plan .......................................................................................................... 33 Figure 4-1 Southwest Corner of Project Site Looking North .................................................................................... 59 Figure 4-2 Middle of the Project Site Looking East .................................................................................................. 60 Figure 4-3 South Side of the Project Site Looking West ........................................................................................... 61 Figure 4-4 Middle of the Project Site Looking East .................................................................................................. 62 Figure 4-5 Northwest Driveway of the Project Site Looking West ........................................................................... 63 Figure 4-6 CNDDB Species Occurrences .................................................................................................................. 67 Figure 4-7 Soil Distribution Map .............................................................................................................................. 85 Figure 4-8 SJVAPCD’s GHG Thresholds of Significance ............................................................................................. 91 Tables Table 2-1 Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties ........................ 19 Table 4-1 SJVAPCD Recommended Air Quality Thresholds of Significance2F .......................................................... 53 Table 4-2 SPAL Significance Thresholds ................................................................................................................... 55 Table 4-3 Special-Status Species Occurrences within 5-mile radius of Project site ................................................. 65 Table 4-4 Essential Habitats and Potential Existence of Special-Status Species on Site ........................................... 66 Table 4-5 Project Energy Consumption.................................................................................................................... 78 Table 4-6 Consistency with General Plan Energy Conservation Policies .................................................................. 80 Table 4-7 Summary of Construction-Generated Greenhouse Gas Emissions .......................................................... 94 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 7 Table 4-8 Summary and Comparison of Operational Emissions .............................................................................. 95 Table 4-9 Consistency with Key Residential Project Attributes that Reduce GHGs .................................................. 96 Table 4-10 Comparison of Project and Existing Designation GHG Emissions ........................................................... 99 Table 4-11 City of Fresno GHG Reduction Plan Consistency Analysis .................................................................... 101 Table 4-12 Safety Zone Land Use Compatibility Standards .................................................................................... 114 Table 4-13 Projected Potable Water Demand by Sector, 2025 – 2045.................................................................. 120 Table 4-14 Summary of Total Water Demands by Land Use .................................................................................. 121 Table 4-15 Discussion on Land Use Policies in the General Plan ............................................................................ 127 Table 4-16 City of Fresno General Plan Noise Level Standards: Transportation (Non -aircraft) Noise Sources ...... 131 Table 4-17 Non-Transportation Noise Level Standards, dBA ................................................................................. 132 Table 4-18 Assumed Minimum Ambient Noise Level, dBA .................................................................................... 132 Table 4-19 Guideline Vibration Annoyance Potential Criteria ............................................................................... 133 Table 4-20 Guideline Vibration Damage Potential Threshold Criteria ................................................................... 133 Table 4-21 Typical Construction Equipment Maximum Noise Levels, dBA ............................................................ 135 Table 4-22 Typical Vibration Levels During Construction ....................................................................................... 136 Table 4-23 Roadway Characteristic Matrix from the Fresno General Plan (Table 4-1) .......................................... 149 Table 4-24 Summary of Total Wastewater Flows by Land Use .............................................................................. 160 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 8 1 INTRODUCTION Precision Civil Engineering, Inc. (PCE) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of City of Fresno (City) to address the environmental effects of the proposed Armstrong Apartments, a multi- family residential development (“Project” or “proposed Project”). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Fresno is the Lead Agency for this proposed Project. The site and the proposed Project are describ ed in detail in SECTION 2 ENVIRONMENTAL CHECKLIST FORM. 1.1 Regulatory Information An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accordance with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq.), also known as the CEQA Guidelines, Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed Project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels. A negative declaration (ND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment. An ND is a written statement describing the reasons why a proposed Project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a ND or mitigated ND shall be prepared for a project subject to CEQA when either: a. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed Project may have a significant effect on the environment, or b. The IS identified potentially significant effects, but: 1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed MND and IS is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and 2.There is no substantial evidence, in light of the whole record before the agency, that the proposed Project as revised may have a significant effect on the environment. 1.2 Document Format This IS/MND contains five chapters plus appendices. SECTION 1 INTRODUCTION provides bases of the IS/MND’s regulatory information and an overview of the proposed Project. SECTION 2 ENVIRONMENTAL CHECKLIST FORM provides a detailed description of proposed Project components. SECTION 3 DETERMINATION concludes that the Initial Study is a mitigated negative declaration, identifies the environmental factors potentially affected based on the analyses contained in this IS, and includes with the Lead Agency’s determination based upon those analyses. SECTION 4 EVALUATION OF ENVIRONMENTAL IMPACTS presents the CEQA checklist and environmental analyses for all impact areas and the mandatory findings of significance. A brief discussion of the reasons why the Project impact is anticipated to be potentially significant, less than significant with mitigation incorporated, less than INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 9 significant, or why no impacts are expected is included. SECTION 5 MITIGATION MONITORING AND REPORTING PROGRAM presents the mitigation measures recommended in the IS/MND for the Project. The CalEEMod Output Files, Cultural Resource Documents, Acoustical Analysis, and Vehicles Miles Traveled Analysis are provided as Appendix A, Appendix B, Appendix C, and Appendix D respectively, at the end of this document. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 10 2 ENVIRONMENTAL CHECKLIST FORM This section describes the components of the proposed Project in more detail , including project location, project objectives, and required project approvals. 2.1 Project Title General Plan Amendment (GPA)/Rezone (Application No. P22-04389) and Development Permit (Application No. P22-02376) for Armstrong Apartments Multi-Family Residential Project 2.2 Lead Agency Name and Address City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 2.3 Contact Person and Phone Number Lead Agency City of Fresno Planning and Development Department Attn. Steven Lieng, Planner steven.lieng@fresno.gov (559) 621-8007 Applicant Armstrong LLC Attn. Bruce Tibbett, Partner 978 W. Alluvial Avenue Fresno, CA 93711 btibbett@topangamanagement.com (559) 435-3300 2.4 Study Prepared By Precision Civil Engineering 1234 O Street Fresno, CA 93721 (559) 449-4500 2.5 Project Location The Project site is in the jurisdiction of the City of Fresno, Fresno County, California (Figure 2-1). The site is located on the east side of North Armstrong Avenue between East Shields Avenue and East Clinton Avenue at 2594 N Armstrong Ave Fresno, CA 93727 (Figure 2-2). The site consists of one (1) parcel identified by Fresno County Assessor as Assessor’s Parcel Number (APN) 310-250-13 totaling approximately 4.38 gross acres and 4.20 net acres. The site is a portion of Section 27, Township 13 South, Range 21 East, Mount Diablo Base and Meridian. 2.6 Latitude and Longitude The centroid of the Project area is 36.77351995575917, -119.67201555020932. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 11 Figure 2-1 Regional Location Map r ™r''E>A»hlarv * Jr^a™*-" •I"!*-r ft,a ‘M ■D9 U mpHgi t :rfrlu-.br’fTl ■ l_fl(7i i.ETj I I 'EfAirwa^l ■ nm Vi H1 ' v. f ',K :y-i>ra■ i-rkr.^i avv“JUT:bLj'i a1; ri -..\ .»!Xh»I-. V kl ijj J ■■.Ut'YhS ,*• • a —L l ■nnt2 ~LLljV*J I LW !;* 'SL*- 1 ■nW_- . - - A • 1 **| s'¥ |.IT L’V Hi ,;^:i -M '* W.J -III C it) i 'ip*at 3“”•v _ ,.t;n?t 1^\!itJ J ■ftLOUUA.V-iS; i» ■n ■ •/Oft*I £k>Jst£tM iLI& a ■i ' ,OF□ kj;1 l4'll,J l i J ** 'J* :,mjv? *•34-:1;m [■ fi*. w fi k ■ ■I k vs'■> .-' ■ ■* •N Xv ™(:- «ox<r:?H 27.u*«dProject Site City Boundary 118011"!A *m ■ -j ii--i o 0.3 •0.6 1.2 ia 1 Mil ££VIL f4C 4 ’ •*'l «C. ■ CITY OF FRESNO - ARMSTRONG APARTMENTS Created 11/22/2022 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 12 Figure 2-2 Project Vicinity Map J.dEJVa i to £ a 9 3ffi9EZj £S9x C Cantor Av«E Clin tot C20S (I tmm && ran aI | Project Site j City Boundary CMSSftrte . Esri. HERE. Garmin, USGS. Intefrnap. INCREMENT P, NRCan, Eari Japan, METI, Esri Chinaj! Hong Kong). Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contrivers, and the GIS User Community. Esri. HERE. Garmin. {c) OpenStreetMap contributors I 3 i____ fao;0.03 0.0© 0.12 0.18 'fWSC/5/OA/Miles 'ML LUC 4*;niUC. V CITY OF FRESNO - ARM STRONG APARTMENTS Created 11/22/2022 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 13 2.7 General Plan Designation The Project site has a City of Fresno General Plan (General Plan) land use designation of Residential - Low Density (Figure 2-3). According to the General Plan, the Residential - Low Density land use designation is intended to provide for large lot residential development, such as rural residential, ranchette, or estate homes. The designation allows for one (1) to 3.5 dwelling units per acre. Under this designation, between four (4) and 14 dwelling units would be permitted on the Project site. The Applicant proposes a General Plan Amendment (GPA) to change the land use designation from Residential - Low Density to Residential - Medium High Density (Figure 2-4). The GPA is requested in order to develop a higher density, multi-family residential development. According to the General Plan, the Residential - Medium High Density land use designation is “intended for neighborhoods with a mix of single-family residences, townhomes, garden apartments, and multi-family units intended to support a fine-grain, pedestrian scale.” This land use designation allows for 12 to 16 dwelling units per acre. Under this designation, between 53 and 70 dwelling units would be permitted on the Project site. The Project proposes 64 dwelling units, which would be within the permitted density range of the proposed land use designation. 2.8 Zoning The Project site is in the RS-1 – Single Family Residential, Extremely Low Density zone district (Figure 2-5). According to the Fresno Municipal Code (FMC), the purpose of the Residential Single-Family (RS) District is to “provide a variety of single-family residences to suit a spectrum of individual lifestyles and needs.” The RS-1 zone district allows for the development of detached single-family dwellings, second dwelling units, day cares, domestic violence shelters, and group residences, among other uses. The Applicant proposes a Rezone to change the zone district from the RS-1 zone district to the RM-1 – Residential Multi-Family, Medium High Density zone district (Figure 2-6). The Rezone is requested in order to develop a higher density, multi-family residential development. According to the FMC, the purpose of the Residential Multi-Family (RM) District is to “[p]rovide for a variety of multi-family housing types for individual lifestyles and space needs, and to ensure continued availability of a full range of affordable housing opportunities necessary to sustain a diverse labor force, consistent with the City's economic development and housing objectives of the General Plan.” Permitted uses in the RM-1 zone district include single-family dwellings, duplexes, multi-unit residential, day cares, and domestic violence shelters, among other uses. The proposed zone district would be consistent with the proposed land use designation. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 14 Figure 2-3 City of Fresno General Plan Land Use Designation Map (Existing) a f&rtn«TftrTi A Li a affaar>SB5GEE 0ED | | Project Site \ City Boundary Planned Land Use Designation Residential - Low Density i I____ 8 Residential - Medium Low Density Residential - Medium Density 5 Esri, HERE. Garmin. (cj OpenStreetMap contributors is-o;0.03 0.06 0.12 o.i a Miles : VIL 1**nHC. V, CITY OF FRESNO - ARMSTRONG APARTMENTS Created 11/22/2022 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 15 Figure 2-4 City of Fresno General Plan Land Use Designation Map (Proposed) S (ftftaaaiteti A a w mcssL £s& I 1 flam sm £500 | | Project Site \ City Boundary Planned Land Use Designation Residential - Low Density i I____ iResidential - Medium Low Density Residential - Medium Density Residential - Medium High Density GO ■ Esri, HERE. G arm in, (c) OpenStreetMap contributors RPEOS/tlA/o;0.03 0.0© 0.12 0.18 Miles .. * - tvc . ••• v CITY OF FRESNO - ARM STRONG APARTMENTS Created 11/23/2022 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 16 Figure 2-5 City of Fresno Zone District Map (Existing) GE33 f&rtn«TftrTi A Li intflaj £ds 9 flsmn 2m ■-;,SfcD | | Project Site J City Boundary Zoning i l_____ Residential Single-Family, Extremely Low Density Residential Single-Family, Very Low Density Residential Single-Family, Medium Low Density Residential Single-Family, Medium Density Esri, HERE. Garmin. {c) OpenStreetMsp contributors is-o;0.03 0.06 0.12 o.i a Miles I ML -1**nnc. V CITY OF FRESNO - ARMSTRONG APARTMENTS Created 11/22/2022 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 17 Figure 2-6 City of Fresno Zone District Map (Proposed) Il lirflraiftrTi <*!pr,i A W HDSiiSj £S& I 03& 9 flcfcjin as? GH3D SEE□ Projecl Site J City Boundaryi I___ Zoning Residential Single-Family. Extremely Low Density Residential Single-Family. Very Low Density Residential Single-Family, Medium Low Density Residential Single-Family, Medium Density Residential Multi-Family, Medium High Density aCD S Esri, HERE, Garmin, {c} OpenStreetMap contributors Rff£OS/i|A/O 0.0 s 0.06 0.12 0.1S Miles "ML MC 1 * * f11 'H C, V CITY OF FRESNO - ARMSTRONG APARTMENTS Created 11/23/2022 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 18 2.9 Description of Project Armstrong LLC (Applicant) requests a General Plan Amendment (GPA)/Rezone (Application No. P22-04389) and Development Permit (Application No. P22-02376) to facilitate the development of a 64-unit multi-family residential development (“Armstrong Apartments”) to occupy one (1) parcel totaling approximately 4.20 net acres (15 dwelling units (du) per acre (ac)) that is located on the east side of North Armstrong Avenue between East Shields Avenue and East Clinton Avenue at 2594 North Armstrong Avenue, Fresno, CA 93727 (APN 310-250-13). The GPA would amend the Fresno General Plan planned land use designation from Residential – Low Density to Residential – Medium High Density. The Rezone would change the zone district from RS-1 – Residential Single-Family, Extremely Low Density to RM-1 – Residential Multi-Family, Medium High Density, consistent with the proposed land use designation. The Development Permit would facilitate the development of 64 market rate dwelling units comprising a mix of 12-one bedroom/one-bathroom units, 32-two-bedroom/two-bathroom units, and 20-three- bedroom/two-bathroom units in addition to 124 parking stalls, bicycle parking, 43,190 square feet of open space (common and private), drive aisles, trash enclosures, landscaping including trees, shrubs, ground cover/annual plants, and lawn, lighting, and an on-site temporary drainage basin providing 43,803 cubic feet of storage that was sized to adequately accommodate stormwater runoff from the site. The Project also proposes a 1,972-square foot recreational center and onsite rental office as well as resident amenities including a swimming pool with arbors and barbecue area. 2.10 Project Setting and Surrounding Land Uses The Project site as it currently exists is developed, containing existing structures and on- and off-site improvements including drive approaches, curb, gutter, and overhead utilities along North Armstrong Avenue. There are approximately five (5) existing structures including a 1,918-square foot single-family residence (built circa 1962), garage, and storage sheds. In recent years, the site has been operated as a retail nursery and contains rows of plants for sale by retail. The topography of the site is generally flat, as the majority of the site was previously graded and paved for the existing structures and previous retail nursery operations. The existing biotic conditions of the Project site can be defined as urbanized and heavily disturbed. There are trees, shrubs, and herbaceous vegetation surrounding the existing single-family residence and the northern, southern, and eastern site boundary. Grasses that are periodically mowed are located adjacent to the single-family residence. North Armstrong Avenue, a two (2)-lane, north-south collector forms the westerly site boundary. East Clinton Avenue, a two (2)-lane collector, is approximately 350-ft. south of the southern site boundary. The site is surrounded by existing residential uses (north, east, south, and west), a basin (east of the site), and vacant land (south and west of the site). A single-family residential subdivision on the west side of North Armstrong Avenue is currently under construction. As shown in Table 2-1, surrounding properties are planned and zoned for residential uses. The Project would result in a residential use in a residential area; while the GPA and rezone would introduce a higher density residential development, the Project would not result in any significant environmental impacts to nearby residents as demonstrated in this initial study. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 19 Table 2-1 Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties Direction from the Project site Existing Use General Plan Designation Zone District North Single-Family Residential Residential - Low Density (1-3.5 du/ac) RS-1 – Residential Single-Family, Extremely Low Density East Single-Family Residential, Basin Residential – Medium Low Density (3.5-6 du/ac) RS-4 – Residential Single-Family, Medium Low Density South Single-Family Residential, Vacant Residential - Low Density (1-3.5 du/ac) RS-1 – Residential Single-Family, Extremely Low Density West Single-Family Residential, Vacant Residential - Medium Density (5-12 du/ac) RS-5 – Residential Single-Family, Medium Density 2.11 Site Preparation Site preparation would include demolition of existing structures as well as typical grading activities and minor excavation for installation of utility infrastructure for conveyance of water, sewer, stormwater, and irrigation. Demolition, building, grading, encroachment, and site utilities permits would be subject to review and approval by the appropriate agency and/or department to ensure compliance with applicable codes and regulations. 2.12 Project Construction and Phasing The Project would be constructed in one phase. Construction is expected to begin in July 2023 and conclude in August 2024, with operations beginning in September 2024. The projected dates may change, depending upon review and approval of the entitlement and building permits. 2.13 Project Components This section describes the overall components of the Project, such as the proposed buildings, landscaping, vehicle and pedestrian circulation, and utilities. Site Layout and Elevations As shown in Figure 2-7, the Project proposes a 64-unit multi-family residential development that consists of eight residential buildings, one management/resident community center, 124 parking stalls, and associated site amenities. The residential buildings comprise four types that range in size from 7,688 sf. to 11,720 sf. (i.e., “Building B,” “Building C,” “Building D,” and “Building E”) and altogether account for approximately 80,992 sf. The proposed community center (i.e., “Building A”) is approximately 1,972 sf. Within the residential buildings, there are three unit types, one bedroom/one bathroom (12 total units), two bedroom/two bathroom (21 total units), and three bedroom/two bathroom (20 total units). The one bedroom units total approximately 828 sf.; the two bedroom units total approximately 1,111 sf.; and the three bedroom units total approximately 1,319 sf. Floor plans for each unit type, in addition to the community center are shown in Figure 2-8, Figure 2-9, and Figure 2-10. Conceptual elevations for each building type are shown in Figure 2-11 (Building A), Figure 2-12 (Building B), Figure 2-13 (Building C), Figure 2-14 (Building D), and Figure 2-15 (Building E). As shown, the proposed residential buildings are two-story buildings that would reach a maximum height of 29-ft., three inches; and the proposed community center is single story and would reach a maximum height of 23-ft., 10 inches. The proposed buildings would integrate an architectural theme intended to blend with recently built projects in the surrounding area, with stucco INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 20 exteriors and high-profile composition shingle roofs. Additional accents would be added to the building elevations through the addition of panels utilizing alternate finishes and textures, and the use of accent colors on the elevations to break wall surfaces. A six-ft. high concrete masonry fence is proposed at the property lines in the interior of the site. In addition, an on-site temporary drainage basin providing 43,803 cubic feet of storage is proposed (Figure 2-16). The basin was sized to adequately accommodate stormwater runoff from the site and would be replaced with proposed Building D once permanent storm drainage services are available. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 21 Figure 2-7 Project Site Plan <r-°'VICINITY MAPV g,-r *, ■w,-"V8r-°> 2r-°" /5'-°>,r , ,5'-‘V jr-cr TP*1UJ I !SITE*■—D 4 |e® I T1-1 IT s !• tI j.. tnsZ111I>1XmciED z! 1 1IJIclI\hrs<rj-rII /INmri1amk!La_®@i STATISTICSa z i zuz2 ■A fm/^sftau At ** ( ©sura.O T 1 T_3IC 2M -JJpi ©l x Lzt*__________11S & .------ir------ir—l * nE*o i0055?111 liT .---------1 ggSBSw. HkSH i rf™— ""ksIKsK, i n1 r~&4 :I3 ssssggwi-I■ris” ip1 ■*»«> “ *“ ssa'iisffs. ;■?re *E- ^ 1 l41>%©v'!L12d* jIfO®idf^I—I4*'tss&a res. •”«>=>OPt2S132C3H uar-r DIMENSIONEDSITE PL AN, -.4^mtr- o- *B88®— ; sl'sif.sss SYMBOLS LEGAL DESCRIPTION TKS4SAK'iS'iTSJM IfliSSS “ ’ “ '0*EN S~*L-$ ,*!= rjsrria ?iv ' fl^lrs 5SX! "srK”~ NOTES KEYNOTES----- isi™?'------------------------------ ‘ WsnawmvijaSv1 ®CONCRETE WALKWAY CONTINUOUS CURB- AREA OF VEHICLE — OVERHANC i-ft .’asjnaffsraa'ai'”*'Xa4" WOE PAINTED PERIMETER ilP^STRIPES PROVIOE (2) COATS WHITE PAINT £POLE MOUNTED SITE LIGHT. BASE - SMALL NOT BE LOCATED WTHIN THE AREA OF VEHICLE OVERHANG.•ppALTER WA-KWAY TCP 3 BSSWS STSUSSSl ts HUBS iS“=§salsssss^~~® @KWS !S'A?S,W,TuS&® sasrra^tjsa 1 fs-Hr euevRs&a'*JiS£yPATH-OT-TRAVEL FOR PERSONS WITH PHYSICAL DISA8UT1ES ’■,££-1-4 0BUT • ga™ifS5s«™«NOTE: DRIVE AISLE SERVING STALLS SHALL BE 27'—0" WOE (UIMUJU)0roi.r. -mounted srrr. ucirrmmsmTg> IW^TaRKING STALL ©TYPICALPARKING STALL DIMENSIONS INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 22 Figure 2-8 Unit Types 1 and 2 Floor Plans H E j'-b i/r s'-a '/a'ty--------VINCENT'/yy-cr iQ’-r r-ir y-tr r-o-'f ✓ty-°~■y-<COMPANY 1500 West Shaw. Ste. 304 Fresno, Calilbmia 93711 MASTER — f BATH 1 r-r* iIl jJT t■TT F jimimo i n DO a.i^ninFPir l: 559 225.2/ U vy S£DINING , BATH 2 S7l WARD,A.BATH 0KITCHEN KITCHEN A A1HA HAM I n ■DINING AgiiraITAWARD.ITmHAIIv, MASTER 5UTILITY] BEDROOM VIqP-f n. SA i iv/w fcUTILITYENTRYENTRY5>1□f b ~L^1 NG ROOMLLV NO. ROOMm nq» 7 I co□a H«;Z z: :‘a <■IX IO wof"pirN £ Ph slPATIO/ BALCONY bPATIO/ BALCONY b H■MW HttTSR CLOSETCLOSET LC i t—1i=n :GOJr1\=- < Ph <r-» i/s- ti'-e t/s-i <1y-« i/y «'-S 1/S- TYPE 1 TYPE 2 •/ 1 BEDROOM 1 BATH 828 S.F. 2 BEDROOM 2 BATH 1,111 S.F.e-ufig£j4 O' O' O'UNITFLOOR PLANS O >L <v O' MUmM, JWd, or 23as ■/*’ - INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 23 Figure 2-9 Unit Type 3 Floor Plans THE5l’-« 'A'f VINCENT♦'-a ■/*'itr-r r-p-*7tIy-y , y-yr t COMPANY*'S JlL 1500 West Shaw, Ste. 304 Fresno, California 937110'o I. .1 M .1 II-Q.' Phone: 559.225.2602BATH 2MASTER BATH .Ol t 1BKITCHENr aMASTERAA"0j,DINING AA3HALL UTIUTY 5 i a ENTRY uBEDROOM 3 BEDROOM 2 h3NO ROOM C/)ft o HV;v,_)L, -■□I o w+z Dh \pir SzHPATIO/ BALCONY ;?CLOSET .vuri oo InSr-< Ph/**>1 / <L i/j-i’-ib-^4/ / si--* i/y TYPE 3 3 BEDROOM 2 BATH 1,319 S.F. Orf On O'O' O' UNITFLOOR PLAN,, ■ ■ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 24 Figure 2-10 Building A (Community Center) Floor Plan BUILDING STATISTICS THEVINCENT «'-0'X COMPANY- CONCHElt WALKWAYS CNC-OGIJRE ;£ LgSK/I^VircAKftMy **’s'-cr HIGH WROUGHT1 1500 West;Sic. 304fizzri aiar Jii1yseci0OZ DOZ ZOZUNISEXUNISEX NO. 2 FURNITURE AMAINT.N0.1 a□Be]5 ;s siOrvmmssUm□■ .. N ]■■I □c WORK/BREAK T□□IROOM 1O iLEASING :oL iJcpsr1□T O GOCOFFEElOBARCOVERED PATIO CONCRETE POOL DECKUC------------------------------4'-0" HIGH WROUGHT ■uu IO[ ]o o 7I__[2T-oT=b .-*H7RESIDENT.LOUNGE f—■5oGO -o pi1r x i i:o <ia*P-L-,<o <4.1n I o-----------1 mi K I H-LB □ t i i S3<AStfflBft 4 - BJLT-IN BAR B l /(|N nL o«-«■O IAN. i:a D ISflibBoIzZaJPOOL■«EQUIPMENT J .....W.-C- -«4.»H.m. ARMSTRONG ATS <> i4--rMA5CNRY FENCE BUILDING 'AFLOOR PLAN„.aK\PA4 "ST INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 25 Figure 2-11 Building A Elevations 4-I$ i■ ’1-i-1iiliV35:5-3hrNaVL- ,'•ii=fi1Hgal|3%iiisS=i7Pi5>30It?!IIChVWdsnoditjiiyCOcim3.c=~^»r'-=~A~|i|liraa5<isJJza/Qill-9>f°S>- Hi' S'; ^3>□=S-Iii3®mn£ B *s70>MlCi■ m Sj 11hpl •T>Ztn31 s si ! §HI'■sIs■ il.firLIeiII%uisli §3•B "3|8S .3 s&S■i,Si- ■:S-*31 lie| ole2 5o?1gi«3iIf 1l5 5r---ii9) ‘sCO3ooCMSi>rfcarqfr□r-*23>3a ?■?33Z -PSS«■ a ilIS?z i-4;OSt4!:iiidcsit)rsrs>H>/ -2-ojli,-H h.Ii-et-i*Sg;.oZ£S£PI «jI?-PCT“Hrgr00HHII*5ip1rk.. •|\l iIs3f0 o o oo o■ 3* -Im\PROPOSFD APARTMHNTS COMPI FX FOR>»»[>11nt<2 7AHs SsE5 5'|ARMSTRONGO, i= ?5za o 5I I! *itn-APARTMENTSjOIBro>§$-;; iz:Miii2?‘>4 NOR’Ill ARMSTRONG AVLNLLft= slFRFSXO. C.M.IFORMA INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 26 Figure 2-12 Building B Elevations W 4a a ak Ta A** « >>--9h<-P l'33fij GS SisiJS iss■R3 S■:gs sSg;; sg,i S Ftjjmg PillsSg|5g- :§1iiU:’?§i1p:£|5iiJLJ__s*ga. -: 1 isa:• sJ -JI)ia||][Mnar- '1=-:3- ri ^bd“li- - is- -4r=LJgl[>>| S..J.JBfens;|t'CDHI-d2-p—SS1c-.1'ft\\H;latriwfgII5'±TOOI">----8TOQ"TuffSgSSjWn□g§“-rgZ/I lJO■ =15o<to«si- If S3IU•:rc: i1CO;»- -1■I"ii-anir_iH!l\\o§■nII!70'FaBPzJOSi1o3Gazzi ■:H®S?sir - F-Hto3?*3Frn=5w*1>zpo□S'a'ii21* > o ooooi ? I £ 1oIIIn Ji |I l I!®!PROPOSFD APARTMFVTS COMPl F.X FOR:»> ?»D>o<1 jd. SHi s8 |■>ARMSTRONG11Oa*• I3?-rzno a2nil5 VS J!rjX° * I8 2§ uAAPARTMENTSsIFm>mi ig?.zI2i«icdf!2?9j NORTH ARMSTRONG AVFNUFH" £ SFRLSNO. ( ALIHIRMA INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 27 Figure 2-13 Building C Elevations THEVINCENT B£«™-COMPANY Fresno, Ce “TTI------ sUP uasi Ti U A>Pi a11,11 IIUJI.llts=:. l‘AA,Pi fJ A11I#+ 3“““LT:o HCONDENSING1---------CEMENTITIOUS HeERBUARD cementitious rberboarc ARCUCHT IRON STAIRS 1 z zBUILDING 'C - FRONT/ REAR O UJ■ Oh p £EH Hs 5oo-Z> tJB'-T’- <12 P Cl-:sr <S2®22act~ti irrF>LJ,SH**in mi ‘Mi5 — *KP«ASECOND (LDDRV* arm[-:tti4j.u-.A-; > ______ Eaj. 12/31/21• • TTfU“'“”IT BUILDING'C-END EXTERIORELEVATIONS PAT1 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 28 Figure 2-14 Building D Elevations THE 50 TEAR ASPHALT SHN5LF --------------------------VTNCENTLCOMPANY*73'-rL jr rn iBMHma 1500 West Shaw. Ste. 304 Fresno. California 93711 '' 11‘::Ft T32 S' f n ^7 11; 111 uLL ~rr- Phone: 559.?5.2602r ■!!CEMENTTOU5 F16ER- . BOARD WOR ZCMTAL LAP CEMENTTOUS FIBER- H—i BDARD KRECNTAL LAP __ 1 " Am-i i mm UJJIC6MIENTITI0US-PeERBOARD_-~t:1 A4I ..II ASECCM? FLOCR "T-1 V*-I AIf JL1L inr J “>.nHORIZON-*ffl ffl ffl i .1 :r/t a ini i CEMENTITIOUS FIBERBOATO BOARD ELECTRICAL CEMENTITIOUS FlBCRBOARC BOARD AND BROUGHT IRON STAIRS GOaII » Cl • : RA . H■BUILDING ’D’ - FRONT/ REAR Z Zo 5 Oh --H•; HT(2) LOJLEREB GABLE END LENTS HATH TRIM GO 6 CEMENTITIOUS FIBERBCARO +29-r “12 00 TtAH A9PHALI SHNOt -------------------------------L < CARS AND TRIM Ail ■ 2ON ATRIM AITH 1X2 CAP CLh <<■ffir i .....1 11*111 T)CEMENTITIOUS FIBER- ;jl III I A. 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DOUBI ® +!«■-JL,7 Phone: 559.225.2602 BOARD HOflIZONTA-mill Af-«-fr A>'-> V4‘ri &JH ■ OR 20NTAL SHUTTERS !'■ ,A-hi;R ItLi- i-J Airui iIUaV[^ FINISHED FURRED ELECTRICAL CEMEHTTOUS RSERBOARD WROUGHT IRONCEMDtTTTICUS H3CRBOARC GU.-rZR.-IL BUILDING ’ET - FRONT/ REAR c/:CEMENTITIOUS o H3LCUVOTED GABLESr ZTEAR ASPHALT SHNGLF --------12 zI* m,ar'oHORIZONTAL w o KIVu cuin:: i .i v.£ DOUBLE T( $ “' "l ~ 1 H. mn in if.i LJ L ir-r GO :n ■ 2k 4 CORNER f'HBOARD HORIZONTAL 'Im or<■> ■'ilSECOND FLCX;;dA va'> N MAMMA C COAENTnOLS TBOLBOARD Pv—xr. <OEUENTn.:<-->™ -ffl ILfflAi I nHisum C0NDEN5N5 GLULH'I IO.S ilbutiJ.V WROUGHT IRCH STA BOARD AND BATTEN DOINGBUILDING 'E' - LEFT/FIBERGLASS CEkCNTinOUS F1BFRB04RD ~ TOP OF r: w +29,-10"LOUVERED TEAR ASPHAL- SHHOE -----------12 5 O CSSGN RET,TEA QFL'VLirHFrFMOb«ki Oklurit s-1 9 10"- -<W OcovarR OwjuiiiV¥-HorurNTnn g boar; HORIZONTAL BH GHT orcMiid ano4s SECOND FLQO » +19-1 J/4*'GOP', i E:n TT )CEUEN1TOJS nOCRBOARD ~I UN1T^ FINISHED CONDENSING CEMENTITIOUS F SERBO.ARC EXTERIORELEVATIONS PAIAFIBERGLASS DCCR /BUILDING ’E' - RIGHT j/ia- = i- INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 30 Figure 2-16 Civil Plans for Project Site s4if; di!I !hi!;I.. «! i ;h h;I iw:......................................Sl^SssLi i s! i f ■! sj} * i 11 s i$! i!! i! s idilihliMiiii i (I Hi i ill I i if hi m mhiii,\ i l MMfiin11*"O"Mli■ ©,isi cSr-iXYXixy-yXwXJw11i ■*iiF ■*&A I1sTif —5$5^5lila4^i1©f■:ItileIi3 A\\■j |lIi■a-i4U.&AsS> iH; V!AltftIs-ITj,f.i* 1i■;5ehia-4I>•:s/>]s■Sji'v.-lfeS ■ h-Jbss(f.r:•iil■n]i-**■XiX JV, ::- i ■ t>iiO !fairra iaStaSai$iHsy;••«- “ -^3<ifSisiyim~iU:.«IsA(■GJt,—, ;_l ,6IKfirn 3Ai:3iXv,-f-x^isiML-iF(IXi,7icill 77yt-is■ IVpI;■■■■;As■:M =NIII,V\ iI.=£0a-\\\-a=4 =f e= ^s \~fi5■ 3AVOf/o8ZSiVSv■ff===t INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 31 Building and Site Design Features The Project would exceed all mandatory requirements for multi-family buildings as outlined in the 2022 Energy Code by two to seven percent and verified through the building permit process. Mandatory requirements that would be exceeded include building ventilation and indoor air quality, space conditioning systems, water heating systems, electric power distribution, and electric ready buildings. The Project would not follow any other GreenPoint ratings. Mandatory requirements apply to building ventilation and indoor air quality, space conditioning systems, water heating systems, electric power distribution, and electric ready buildings. The Project would be built in accordance with all mandatory indoor water use requirements as outlined in the 2022 California Green Building Standards Code, Title 24, Part 11, Section 4.303 – Indoor Water Use and verified through the building permit process. As a residential development that contains plumbing fixtures and fittings, the Project shall comply with water-conserving measures for water closets, urinals, showerheads, and faucets. The Project proposes the use of low-flow plumbing fixtures with flow rates that comply with requirements. In addition, as a multi-family residential development, the Project would be required to install submeters to measure water usage of individual units in accordance with the California Plumbing Code. The Project would also be built in accordance with all mandatory outdoor water use requirements as outlined in the 2022 California Green Building Standards Code, Title 24, Part 11, Section 4.304 – Outdoor Water Use and verified through the building permit process. As a residential development that contains landscaping including trees, shrubs, ground cover/annual plants, and lawn, the Project shall comply with the updated Model Water Efficient Landscape Ordinance (MWELO) (California Code of Regulations, Title 23, Chapter 2.7, D ivision 2), as implemented and enforced through the building permit process. As proposed, the Project exceeds the MWELO requirements by eight percent as achieved through the use of drought tolerant plant material and the installation of low water use irrigation (i.e., drop irrigation). Site Circulation and Parking The site would be accessible via one (1) point of ingress/egress on North Armstrong Avenue with a gated entry. The entry would be open during daylight hours (generally from 7:00 am to 7:00 pm). During evening hours, visitors would be able to access the site utilizing a call box connected to the individual residential dwelling units. A pedestrian-accessible gate would be provided adjacent to the gated entry. Internal circulation of the site would include a private drive aisle for automobiles and four-ft. wide concrete sidewalks for pedestrians. The Project proposes 124 parking stalls including 64 carports and 60 open parking stalls, in addition to a bicycle rack with space for six (6) bicycles. Of the 124 parking stalls, 13 stalls would be “EV capable” (i.e., a parking space linked to a listed electrical panel with sufficient capacity to provide at least 110/120 volts and 20 amperes to the parking space) accounting for 10% of the parking spaces in accordance with the 2022 California Green Building Standards Code, Title 24, Part 11. The Project would also install right-of-way improvements along North Armstrong Avenue street frontage (i.e., concrete curb, gutter, sidewalk, and paving per City of Fresno Public Works Standards). An inside/outside turning radius is also proposed per City of Fresno Standards for fire and solid waste vehicle access. Open Space and Landscaping Proposed open space and landscaping is depicted in Figure 2-17. As shown, private open space is proposed for each unit either as a patio or balcony. In addition, the Project includes approximately 43,190 sf. of common open space INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 32 throughout the site including indoor and outdoor recreational space (e.g., swimming pool, arbors, and barbecue). Trees, shrubs, ground cover/annuals including Aarons beard, trailing gazania, dwarf periwinkle, and petunias, mums, and dwarf marigolds, and lawn are proposed throughout the interior and perimeter of the site. Public Services and Utilities The Project site is within city limits and thus, would be required to connect to water, wastewater, and stormwater services. Natural gas, electricity, telecommunications, and solid waste services are provided by private companies. In addition, the Project would be subject to fees for the construction, acquisition, and improvements for public services including but not limited to: Fire Protection Services, Police Protection Services, and Schools. 2.14 Required Project Approvals The City of Fresno requires the following review, permits, and/or approvals for the proposed Project. Other approvals not listed below may be required as identified through the entitlement process. • Building Permit • Grading Permit • Encroachment Permit • Site Utilities Permit • Sign Permit In addition, other agencies may have the authority to issue permits prior to implementation of the Project as listed below. • Fresno County Department of Public Health • San Joaquin Valley Air Pollution Control District • California Regional Water Quality Control Board 2.15 Technical Studies The analysis of the Project throughout this Initial Study relied in part on the technical studies listed below prepared for the Project, as well as other sources, including, but not limited to, Fresno General Plan Program Environmental Impact Report (PEIR) SCH No. 2019050005 prepared for the City of Fresno General Plan and Development Code Update in 2020. • Appendix A: CalEEMod Output Files • Appendix B: CHRIS Record Search Results, NAHC Correspondence, Historic Review Report • Appendix C: Acoustical Analysis • Appendix D: Vehicles Miles Traveled Analysis INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 33 Figure 2-17 Landscape and Open Space Plan LANDSCAPE NOTES therr--,:.' 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SESEF^ GROUND COVER J ANNEALS i 'It'll; 0 OPEN SPACESITE PLAN .NK VA INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 34 2.16 Consultation with California Native American Tribes The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the California Environmental Quality Act (CEQA) Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes. Tribes in California currently have nearly 100 separate reservations or Rancherias. Fresno County has a number of Rancherias such as Table Mountain Rancheria, Millerton Rancheria, Big Sandy Rancheria, Cold Springs Rancheria, and Squaw Valley Rancheria. These Rancherias are not located within the city limits. Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality. The City of Fresno conducted formal tribal consultation pursuant to AB 52 (Chapter 532, Statutes 2014) and SB 18 (Chapter 905, Statutes 2004) on February 24, 2023, to the aforementioned tribes. Consultation for AB 52 ends on March 27, 2023 and consultation for SB 18 ends on May 25, 2023. No responses have been received to-date. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 35 3 DETERMINATION 3.1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation Tribal and Cultural Resources Utilities and Service Systems Wildfire For purposes of this Initial Study, the following answers have the corresponding meanings: “No Impact” means the specific impact category does not apply to the project, or that the record sufficiently demonstrates that project specific factors or general standards applicable to the project will result in no impact for the threshold under consideration. “Less Than Significant Impact” means there is an impact related to the threshold under consideration, but that impact is less than significant. “Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration, however, with the mitigation incorporated into the project, the impact is less than significant. For purposes of this Initial Study “mitigation incorporated into the project” means mitigation originally described in the GP PEIR and applied to an individual project, as well as mitigation developed spe cifically for an individual project. “Potentially Significant Impact” means there is substantial evidence that an effect may be significant related to the threshold under consideration. 3.2 Determination On the basis of this initial evaluation (to be completed by the Lead Agency): I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required. □□ □□□ □□□ □□□□ □□ □ □ El □ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 36 I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Approved By: Steven Lieng, Planner Date City of Fresno, Planning and Development Department June 16, 2023 □ □ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 37 4 EVALUATION OF ENVIRONMENTAL IMPACTS 4.1 AESTHETICS Except as provided in Public Resources Code Section 21099, would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock out-croppings, and historic buildings within a state scenic highway? X c) In non-urbanized areas, substantially degrade the existing visual character or quality public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X 4.1.1 Environmental Setting The City of Fresno is located within Fresno County in the San Joaquin Valley in central California. The Project site is in the eastern portion of the City of Fresno, situated north of East Clinton Avenue and east of North Armstrong Avenue at 2614 North Armstrong Ave, Fresno, CA 93727. The site is surrounded by existing residential uses (north, east, south, and west), a basin (east), and vacant land (south and west). A single-family residential subdivision on the west side of North Armstrong Avenue is currently under construction. Surrounding properties are planned and zoned for residential uses. Fresno General Plan The General Plan Parks, Open Space, and Schools Element identifies “vista points,” which are typically defined as a scenic viewpoint, observation point, viewpoint, viewing point, lookout, or scenic overlook that is elevated. Vista points are primarily located near and along the San Joaquin River, which is more than 9.5 miles northwest of the Project site. “Scenic corridors,” which are typically defined as corridors that possess highly scenic and natural features are identified in the Mobility and Transportation Element of the General Plan. The nearest scenic corridor INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 38 to the Project site is Armstrong Avenue south of Belmont Avenue, which is approximately 1.6 miles south of the site. In addition, the General Plan Urban Form, Land Use, and Design Element contains objectives and policies related to the image and design of future development. Objective D-4. Preserve and strengthen Fresno’s overall image through design review and create a safe, walkable and attractive urban environment for the current and future generations of residents. Policy D-4-c. Appropriate Day and Night Activity. Promote new residential, commercial and related forms of development that foster both day and appropriate night time activity; visual presence on the street level; appropriate lighting; and minimally obstructed view areas. Policy D-4-f. Design Compatibility with Residential Uses. Strive to ensure that all new non-residential land uses are developed and maintained in a manner complementary to and compatible with adjacent residential land uses, to minimize interface problems with the surrounding environment and to be compatible with public facilities and services. Fresno Municipal Code The Fresno Municipal Code (FMC) contains the following regulations governing scenic quality that would be applicable to the proposed Project. Because the site is adjacent to an RS Zone District, development of the site would be subject to FMC Section 15-1004 which includes site design development standards and FMC Section 15- 1005 which includes façade design development standards. Requirements are as follows. Section 15-1004 – Site Design Development Standards A. RS Transition Standards. Where an RM district abuts an RS District, the following standards apply: 1.Height. The maximum height within 40 feet of an RS District is limited to 30 feet. The maximum height within 50 feet of an RS District is 40 feet. 2.Setbacks. The following additional setback requirements shall be applied to all structures, including accessory structures, on parcels which are adjacent to an RS District: a. Front. The minimum front setback requirement of the adjacent RS district shall be applied to all structures within 50 feet of the RS District. b. Interior Side. The interior side setback shall be 10 feet. c. Rear. The rear setback shall be 20 feet. 3.Landscape. See Table 15-2305-C.1, Required Landscape Buffers. 4.Screening. When a multi-story building is proposed and the second story or above is located within 50 feet of the side or rear yard of a single-family lot, screening measures shall be applied to provide a reasonable degree of privacy. a. Screening measures. Screening measures include, but are not limited to, landscaping, alternate window and balcony placements, placing windows INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 39 at least six feet from the floor of the interior of the unit, incorporating wing walls or louvers, using glass block or other translucent material, and other such methods. b. Sufficiency of Screening. The Review Authority shall determine the sufficiency of the proposed screening measures and may require additional measures. Section 15-1005 – Façade Design Development Standards Appropriate façade design shall be provided at the preference of th e applicant by either the Flexibility Option or the Certainty Option as follows: A. Flexibility Option. The applicant must demonstrate to the satisfaction of the Review Authority that the project meets the following goals: 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. 4. Support the growth in value of surrounding properties, B. Certainty Option. Street-facing façades for buildings adjacent to a public street shall comply to the following standards. Other façades shall not be subject to these standards. 1.Building Length Articulation. At least one projection or recess will be provided for every 50 horizontal feet of wall in one of the following manners: a. Projections or recesses for buildings 50 feet wide or less shall be exempted from the building length articulation requirement; projections or recesses for buildings greater than 50 feet in width but less than 100 feet in width shall be no less than 12 inches in depth; or projections or recesses for buildings 100 feet wide or wider shall be no less than 24 inches in depth. b. The depth and width of the projection or recess shall be proportionate to the overall mass of the building. 2.Building Materials and Finishes. Materials shall present a durable and attractive appearance through high-quality materials, finishes, and workmanship defined as: a. At least two cladding materials (excluding roof and foundation); and b. 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, balconies, and similar elements may count as a color). c. Exception: Buildings which accurately adhere to a recognized architectural style which is appropriately expressed in one cladding material and one color shall be excepted. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 40 d. Exception: Buildings with all of the following characteristics shall be allowed to use one cladding material: i. Building height of 3 stories or less; ii. Building width of 100 feet or less; and iii. A façade with a comparable form of visual interest. 3. Window Design. a. Glazing Ratio. Street-facing façades of each floor of the building shall have an overall wall composition of at least 25 percent glazing, but not more than 70 percent glazing. b. Vertical Proportion. On upper stories, the percentage of all window openings, window panes, or distinct window units specified below shall have a vertical proportion, in which their height exceeds their width by 25 percent or more. i. In the Priority Areas (see Figure IM-1: Priority Areas for Development Incentives in the Fresno General Plan, adopted in 2014). At least 50 percent. Ii .Outside of the Priority Areas. At least 30 percent c. Window Depth. In the Priority Areas, windows shall create visual interest and the appearance of depth in one of the following manners: i. Trim at least one inch in depth and three inches wide must be provided around all upper story windows and non-commercial ground-floor windows; ii. Windows must be recessed at least two inches from the plane of the surrounding exterior wall {for double-hung and horizontal sliding windows, at least one sash shall achieve the two-inch recess); or iii. Decorative plaster screed, minimum 2 inches wide; iv. Exception: Buildings with all of the following characteristics shall be allowed to use flush windows without trim: (1) Building height of 3 stories or less; (2) Building width of 100 feet or less; and (3) A façade with a comparable form of prominent surface relief and articulation, such as awnings, canopies, balconies, or massing changes. 4. Façade Alignment. a. In the Priority Areas. Façade alignment shall be as follows; INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 41 i. Vertical Alignment. With the exception of mansard roofs, cornices, and other such features, façades shall be oriented vertically and shall have no slope, ii.Horizontal Alignment. With the exception of bay windows and similar features, façades shall run parallel or perpendicular to the adjacent street, b. Outside of the Priority Areas. No requirement. 5. External Stairs, Corridors, and Hallways. In the Priority Areas, external stairs, corridors, and hallways that are located within 30 feet of a public street must be architecturally integrated into the building design. 6. Balconies. If balconies are provided, they shall not be grouped together into a continuous band across the façade. No more than two balconies shall be contiguous. Each balcony or group of two contiguous balconies shall be distinct and shal l have at least six feet of horizontal separation from any other balcony, 7. Façade Elements. Development shall incorporate façade elements as follows; a. In the Priority Areas. A minimum of one of the following Façade Elements will be incorporated into street-facing building façades: i. Forecourts ii.Bay Windows iii.Balconies iv.Porches v.Stoops vi.Arcades b. Outside of the Priority Areas. No requirement. 8. If the project is located within an area with adopted design guidelines, all applicable guidelines which relate to façade design shall also be followed. FMC Section 15-2015 includes requirements for outdoor lighting and illumination that are applicable to the proposed Project for the purpose of minimizing outdoor artificial light that may have a detrimental effect on the environment, astronomical research, amateur astronomy, and enjoyment of the night sky. These provisions are also intended to reduce the unnecessary illumination of adjacent properties and the use of energy. Section 15-2015 – Outdoor Lighting and Illumination B. Control and Illumination of Outdoor Artificial Light 2. General Standards d. Non-Residential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot-candle of light. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 42 f. Parking Lots and Garages. All parking lots and garages shall be illuminated with a minimum of 0.5 foot-candle of light. 3. Maximum Height. Lighting fixtures shall not exceed the maximum heights specified in the following table (Table 15-2015-B.3: Maximum Height of Lighting Fixtures). Employment Districts: 25 ft. within 100 ft. of any street frontage; 30 in any other location 5. Prohibited Lighting. The following types of exterior lighting are prohibited: a. Drop-down lenses; b. Mercury vapor lights; and c. Searchlights, laser lights, or any other lighting that flashses, blinks, alternates, or moves. 6. Fixture Types. All lighting fixtures shall be shielded so as not to produce obtrusive glare onto the public right-of-way or adjoining properties. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "Cut Off" or "Full Cut Off" luminaries. 7. Glare. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the property where the use is located. 8. Light Trespass. Lights shall be placed to deflect the light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. a. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. b. No light or combination of lights, or activity shall cast light exceed one foot candle onto a public street, with the illumination level measured at the centerline of the street. c. No light, combination of lights, or activity shall cast light exceeded 0.5 foot candle onto a residentially zoned property, or any property containing residential uses. Additional performance standards related to lighting and glare are provided in FMC Section 15-2508. FMC Section 15-2508 – Lighting and Glare Activities, processes, and uses shall be operated in compliance with the following provisions: B. Lighting. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public street lights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half foot-candle. C. Glare INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 43 1. 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. 2. Windows shall not cause glare that may disrupt adjoining properties, traffic on adjacent streets, etc. 3. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties. Lastly, FMC Section 15-2614 provides specific lighting requirements related to signage: FMC Section 15-2614 – Electronic Copy B. Light Intensity. The intensity of the sign lighting shall not exceed 100 foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets which have an average light intensity of 2.0 horizontal footcandles or greater. No change of lighting intensity may occur during a display or between displays except to respond to a change in ambient lighting conditions. California State Scenic Highways The Department of Transportation (Caltrans) manages the State Scenic Highway Program that was established in 1963 by Senate Bill 1467. The purpose of the program is to protect and enhance the state’s natural scenic beauty According to the State Scenic Highway Map, the nearest eligible State Scenic Highway, State Route (SR)-168 which is approximately 4.2 miles northwest of the Project site.1 4.1.2 Impact Assessment Would the project: a) Have a substantial adverse effect on a scenic vista? No Impact. The Project site does not contain nor is it near any scenic vistas including but not limited to vista points or scenic corridors. The nearest vista points are located more than 9.5 miles northwest of the Project site and the nearest scenic corridor is located approximately 1.6 miles south of the site. Thus, given the distance from the Project site to vista points and scenic corridors, the Project would have no impact on a scenic vista. b) Substantially damage scenic resources, including, but not limited to, trees, rock out-croppings, and historic buildings within a state scenic highway? No Impact. The closest eligible scenic highway, SR-168, is approximately 4.2 miles north from the Project site. As such, the proposed Project would not damage scenic resources, including trees, rock out-croppings, and historic buildings within a state scenic highway and no impact would occur. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If 1 Caltrans. California State Scenic Highway System Map. Accessed on November 29, 2022, https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 44 the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than Significant Impact. The Project site is in an urbanized area surrounded by residential development. The Project proposes a GPA to amend the Fresno General Plan planned land use designation from Residential – Low Density to Residential – Medium Density and a Rezone to change the zone district from RS-1 – Residential Single- Family, Extremely Low Density to RM-1 – Residential Multi-Family, Medium High Density in order to develop a 64- unit multi-family residential development that would be subject to applicable zoning and other regulations of the FMC, including FMC Section 15-1004, Section 15-1005, Section 15-2015, Section 15-2508, and Section 15-2614 (See Environmental Setting) that govern scenic quality. Compliance with the applicable zoning and other regulations of the FMC would be ensured through the entitlement review process. Therefore, a less than significant impact would occur. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than Significant with Mitigation Incorporated. Generally, lighting impacts are associated with artificial lighting in evening hours either through interior lighting from windows or exterior lighting (e.g., street lighting, parking lot lighting, landscape lighting, cars, and trucks). Development of the Project site would incrementally increase the amount of light from streetlights, exterior lighting, and vehicular headlights. Such sources could create adverse effects on day or nighttime views in the area. Project construction would also introduce light and glare resulting from construction activities such as construction equipment traversing the site that could adversely affect day or nighttime views. Although construction activities are anticipated to occur primarily during daylight hours, it is possible that some activities could occur during dusk or early evening hours (FMC Section 10-109 permits construction work to take place between 7:00 am and 10:00 pm on any day except Sunday, for work that is accomplished pursuant to a building permit). Construction during these time periods could result in light and glare from construction vehicles or equipment. However, construction would occur primarily during daylight hours and would be temporary in nature. Once construction is completed, any light and glare from these activities would cease to occur. Once developed, the Project would be required to comply with the applicable General Plan policies and the enforceable requirements and restrictions contained in the FMC intended to prevent light and glare impacts (See Environmental Setting) including General Plan Policy D-4-c and D-4-f and FMC Section 15-1004, Section 15-1005, Section 15-2015, Section 15-2508, and Section 15-2614 . Further, compliance with Title 24 lighting requirements as verified through the Building Permit process would reduce impacts related to nighttime light. The lighting requirements cover outdoor spaces including regulations for mounted luminaires (i.e., high efficacy, motion sensor controlled, time clocks, energy management control systems, etc.). In addition, there are General Plan PEIR Mitigation Measures that would apply to this Project that would further reduce lighting and glare impacts. The Mitigation Measures include Mitigation Measure AES-1, Mitigation Measure AES-2, and Mitigation Measure AES-3 as described below. As such, conditions imposed on the Project by the City pursuant to the General Plan, FMC, and Title 24, in addition to compliance with the General Plan PEIR Mitigation Measures would reduce light and glare impacts to a less than significant impact. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 45 Mitigation Measure AES-1: Lighting for Street and Parking Areas. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. (PEIR Mitigation Measure AES-4.1) Mitigation Measure AES-2: Signage Lighting. Lighting systems for freestanding signs shall not exceed 100- foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT -L when adjacent to streets that have an average light intensity of 2.0 horizontal footcandles or greater. (PEIR Mitigation Measure AES-4.4) Mitigation Measure AES-3: Use of Non-Reflective Materials. Materials used on building façades shall be non-reflective. (PEIR Mitigation Measure AES-4.5) 4.1.3 Mitigation Measures The proposed Project shall implement and incorporate, as applicable, the aesthetic related mitigation measures as identified in the attached Mitigation Monitoring Checklist dated June 2023. Mitigation Measure AES-1: Lighting for Street and Parking Areas. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjac ent light sensitive land uses such as residences. (PEIR Mitigation Measure AES-4.1) Mitigation Measure AES-2: Signage Lighting. Lighting systems for freestanding signs shall not exceed 100 - foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT -L when adjacent to streets that have an average light intensity of 2.0 horizontal footcandles or greater. (PEIR Mitigation Measure AES-4.4) Mitigation Measure AES-3: Use of Non-Reflective Materials. Materials used on building façades shall be non-reflective. (PEIR Mitigation Measure AES-4.5) INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 46 4.2 AGRICULTURE AND FORESTRY RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farm-land), as shown on the maps prepared pursuant to the Farmland Mapping and Monito- ring Program of the California Resources Agency, to non- agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non- forest use? X e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non-forest use? X 4.2.1 Environmental Setting The Project site is located within the Fresno city limits and is planned and zoned for residential uses. The Project site as it currently exists is developed, containing existing structures and on - and off-site improvements including drive approaches, curb, gutter, and overhead utilities along North Armstrong Avenue. There are approximately five existing structures including a 1,918-square foot single-family residence (built circa 1962), garage, and storage sheds. In recent years, the site has been operated as a retail nursery and contains rows of plants for sale by retail. The topography of the site is generally flat, as the majority of the site was previously graded and paved for the existing structures and previous retail nursery operations. The existing biotic conditions of the Project site can be defined as urbanized and heavily disturbed. There are trees, shrubs, and herbaceous vegetation surrounding the existing single -family residence and the northern, southern, INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 47 and eastern site boundary. Grasses that are periodically mowed are located adjacent to the single-family residence. No agricultural operations or forestry resources are present on the site. Farmland Monitoring and Mapping Program The California Department of Conservation manages the Farmland Mapping and Monitoring Program (FMMP) that provides maps and data for analyzing land use impacts to farmland. The FMMP produces the Important Farmland Finder as a resource map that shows quality (soils) and land use information. Agricultural land is rated according to soil quality and irrigation status, in addition to many other physical and chemical characteristics. The highest quality land is called “Prime Farmland” which is defined by the FMMP as “farmland with the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigat ed agricultural production at some time during the four years prior to the mapping date. 2 Maps are updated every two years. According to the FMMP, California Important Farmland Finder, the Project site and the properties immediately to the north and south are classified as “Rural Residential Land” as of 2018. Properties immediately east and west of the site are classified as “Farmland of Local Importance” as of 2018.3 California Land Conservation Act The California Land Conservation Act of 1965 (i.e., the Williamson Act) allows local governments to enter contracts with private landowners to restrict parcels of land agricultural or open space uses. In return, property tax assessments of the restricted parcels are lower than full market value . The minimum length of a Williamson Act contract is 10 years and automatically renews upon its anniversary date; as such, the contract length is essentially indefinite. The Project site is not subject to the Williamson Act. 4.2.2 Impact Assessment Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Less than Significant Impact. The Project site is not located on lands or adjacent to lands designated as “Prime Farmland,” “Unique Farmland,” or “Farmland of Statewide Importance.” The nearest lands designated as “Prime Farmland” are located on the southeast corner of North Armstrong Avenue and East Clinton Avenue, approximately 500 feet southeast from the Project site. Despite this designation, the “Prime Farmland” has been converted to non-agricultural uses between 2015 and 2023 as indicated on the City of Fresno GIS Data Viewing Application. The “Prime Farmland” is currently being developed as a residential subdivision unrelated to the Project. Therefore, the Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non- agricultural use and a less than significant impact would occur. 2 California Department of Conservation. Important Farmland Categories. Accessed on November 29, 2022, https://www.conservation.ca.gov/dlrp/fmmp/Pages/Important-Farmland-Categories.aspx 3 California Department of Conservation. (2018). California Important Farmland Finder. Accessed on November 29, 202 2, https://maps.conservation.ca.gov/DLRP/CIFF/ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 48 b) Conflict with existing zoning for agricultural use or a Williamson Act contract? Less than Significant Impact. The Project site is not zoned for agricultural use nor is it under a Williamson Act contract. Properties surrounding the Project site to the north, south, east, and west are also not zoned for agricultural use nor are they under a Williamson Act contract. Therefore, the Project would not conflict with existing zoning for agricultural use, or a Williamson Act contract and a less than significant impact would occur. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The Project site is not zoned for forest land (as defined in PRC Section 12220(g)), timberland (as defined in PRC Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g)). In addition, parcels within a quarter mile radius are also not zoned for forest land, timberland, or timberland zoned Timberland Production. As a result, the Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, forest land, timberland, or timberland zoned Timberland Production and no impact would occur. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. The Project site does not contain forest land. Therefore, implementation of the Project would therefore not result in the loss of forest land or conversion of forest land to non-forest use and no impact would occur. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Less than Significant Impact. The Project site is located within the city limits of Fresno and is planned for residential uses. The Project site is generally surrounded by existing and planned residential uses. No agricultural or forestry resources are present on the site or surrounding properties within a quarter mile. Development of the site would not involve other changes in the existing environment that could result in conversion of farmland to non -agricultural uses or conversion of forest land to non-forest use. For these reasons, a less than significant impact would occur. 4.2.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 49 4.3 AIR QUALITY Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? X b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? X c) Expose sensitive receptors to substantial pollutant concentrations? X d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? X 4.3.1 Environmental Setting The Project is located within the San Joaquin Valley Air Basin (SJVAB). The San Joaquin Valley Air Pollution Control District (SJVAPCD) regulates air quality in eight counties including: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The SJVAPCD oversees the SJVAB. Impacts on air quality result from emissions generated during short-term activities (construction) and long-term activities (operations). Construction-related emissions consist mainly of exhaust emissions (NOx and PM) f rom construction equipment and other mobile sources, and fugitive dust (PM) emissions from earth moving activities. Operational emissions are source specific and consist of permitted equipment and activities and non -permitted equipment and activities. Air pollution in the SJVAB can be attributed to both human-related (anthropogenic) and natural (non- anthropogenic) activities that produce emissions. Air pollution from significant anthropogenic activities in the SJVAB includes a variety of industrial-based sources as well as on- and off-road mobile sources. Four main sources of air pollutant emissions in the SJVAB are motor vehicles, industrial plants, agricultural activities, and construction activities. All four of the major pollutant sources affect ambient air quality throughout the SJVAB. These sources, coupled with geographical and meteorological conditions unique to the area, stimulate the formation of unhealthy air. Air pollutants can remain in the atmosphere for long periods and can build to unhealthful levels when stagnant INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 50 conditions that are common in the San Joaquin Valley occur. Pollutants are transported downwind from urban areas with many emission sources which are also recirculated back to the urban areas. Further, the SJVAB is in non-attainment for ozone, PM10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements. Air quality standards have been set to protect public health, particularly the health of vulnerable people. There fore, if the concentration of those contaminants exceeds the norm, some susceptible individuals in the population are likely to experience health effects. Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects. San Joaquin Valley Air Pollution Control District The SJVAPCD is the agency primarily responsible for ensuring that National Ambient Air Quality Standards (NAAQS) (per the U.S. Environmental Protection Agency (EPA)) and California Ambient Air Quality Standards (CAAQS) (per the California Air Resources Board) are not exceeded and that air quality conditions are maintained in the SJVAB, within which the Project is located. Responsibilities of the SJVAPCD include, but are not limited to, preparing plans for the attainment of ambient air quality standards, adopting and enforcing rules and regulations concerning sources of air pollution, issuing permits for stationary sources of air pollution, inspecting stationary sources of air pollution and responding to citizen complaints, monitoring ambient air quality and meteorological conditions, and implementing programs and regulations required by the Federal Clean Air Act (FCAA) and the California Clean Air Act (CCAA). The SJVAPCD rules and regulations that may apply to projects that will occur during buildout of the project include but are not limited to the following: Rule 2010 – Permits Required. The purpose of this rule is to require any person constructing, altering, replacing or operating any source operation which emits, may emit, or may reduce emissions to obtain an Authority to Construct or a Permit to Operate. This rule also explains the posting requirements for a Permit to Operate and the illegality of a person willfully altering, defacing, forging, counterfeiting or falsifying any Permit to Operate. Rule 2201 – New and Modified Stationary Source Review Rule. The purpose of this rule is to provide for the following: The review of new and modified Stationary Sources of air pollution and to provide mechanisms including emission trade-offs by which Authorities to Construct such sources may be granted, without interfering with the attainment or maintenance of Ambient Air Quality Standards; and No net increase in emissions above specified thresholds from new and modified Stationary Sources of all nonattainment pollutants and their precursors. Rule 4001 – New Source Performance Standards. This rule incorporates the New Source Performance Standards from Part 60, Chapter 1, Title 40, Code of Federal Regulations (CFR). Rule 4002 – National Emission Standards for Hazardous Air Pollutants. This rule incorporates the National Emission Standards for Hazardous Air Pollutants from Part 61, Chapter I, Subchapter C, Title 40, Code of INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 51 Federal Regulations (CFR) and the National Emission Standards for Hazardous Air Pollutants for Source Categories from Part 63, Chapter I, Subchapter C, Title 40, Code of Federal Regulations (CFR). Rule 4102 – Nuisance. The purpose of this rule is to protect the health and safety of the public and applies to any source operation that emits or may emit air contaminants or other materials. Rule 4601 – Architectural Coatings. The purpose of this rule is to limit VOC emissions from architectural coatings. This rule specifies architectural coatings storage, cleanup, and labeling requirements. Rule 4641 – Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Opera tions. The purpose of this rule is to limit VOC emissions from asphalt paving and maintenance operations. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Regulation VIII – Fugitive PM10 Prohibitions. The purpose of Regulation VIII (Fugitive PM10 Prohibitions) is to reduce ambient concentrations of fine particulate matter (PM10) by requiring actions to prevent, reduce or mitigate anthropogenic fugitive dust emissions. Rule 9510 – Indirect Source Review. The purposes of this rule are to: 1. Fulfill the District’s emission reduction commitments in the PM10 and Ozone Attainment Plans. 2. Achieve emission reductions from the construction and use of development pr ojects through design features and on-site measures. 3. Provide a mechanism for reducing emissions from the construction of and use of development projects through off-site measures. Fresno General Plan In regard to local measures and thresholds for air quality impacts, the Fresno General Plan Resource and Conservation Element outlines goals, objectives, and policies for addressing air quality. A sample of applicable goals and policies are as follows: Objective RC-4: In cooperation with other jurisdictions and agencies in the San Joaquin Valley Air Basin, take necessary actions to achieve and maintain compliance with State and federal air quality standards for criteria pollutants. Policy RC‐4‐a: Support Regional Efforts. Support and lead, where appropriate, regional, State and federal programs and actions for the improvement of air quality, especially the SJVAPCD’s efforts to monitor and control air pollutants from both stationary and mobile sources and implement Reasonab ly Available Control Measures in the Ozone Attainment Plan. Policy RC‐4‐b: Conditions of Approval. Develop and incorporate air quality maintenance requirements, compatible with Air Quality Attainment and Maintenance Plans, as conditions of approval for G eneral Plan amendments, community plans, Specific Plans, neighborhood plans, Concept Plans, and development proposals. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 52 Policy RC‐4‐c: Evaluate Impacts with Models. Continue to require the use of computer models used by SJVAPCD to evaluate the air quality impacts of plans and projects that require such environmental review by the City. Threshold of Significance To assist local jurisdictions in the evaluation of air quality impacts, the SJVAPCD has published the Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI). SJVAPCD recommends a three-tiered approach to air quality analysis based on project size to allow quick screening for CEQA impacts: 1. Small Project Analysis Level (SPAL): based on the District’s New Source Review, the District pre-quantified emissions and determined values as thresholds of significance for criteria pollutants. Residential, commercial, retail, industrial, educational, and recreational land uses are eligible to use this for screening. The SPAL was published on November 13, 2020, by the SJVAPCD to determine potential impacts in GAMAQI.4 SPAL is based on a CalEEMod version 2016.3.2. 2. Cursory Analysis Level (CAL): CAL is used to determine significance on projects that exceed the SPAL criteria. Analysis includes using CalEEMod to estimate emissions and air pollutants. 3. Full Analysis Level (FAL): this level of analysis is usually required for an EIR. It requires a full air quality report that describes impacts to the public. GAMAQI also includes recommended thresholds of significance to be used for the evaluation of short-term construction, long-term operational, odor, toxic air contaminant, and cumulative air quality impacts. Accordingly, the SJVAPCD-recommended thresholds of significance are used to de termine whether implementation of the proposed Project would result in a significant air quality impact. Projects that exceed these recommended thresholds would be considered to have a potentially significant impact to human health and welfare. The thresholds of significance are summarized, as follows: Criteria Air Pollutants SJVAPCD adopted thresholds of significance for criteria air pollutants, as shown in Table 4-1. The thresholds of significance are based on a calendar year basis. For construction emissions, the annual emissions are evaluated on a rolling 12-month period. The following summarizes these thresholds: Short-Term Emissions of Particulate Matter (PM10): Construction impacts associated with the proposed Project would be considered significant if the feasible control measures for construction in compliance with Regulation VIII as listed in the SJVAPCD guidelines are not incorporated or implemented, or if project-generated emissions would exceed 15 tons per year (TPY). Short-Term Emissions of Ozone Precursors (ROG and NOX): Construction impacts associated with the proposed Project would be considered significant if the project generates emissions of Reactive Organic Gases (ROG) or NOX that exceeds 10 TPY. 4 San Joaquin Valley Air Pollution Control District. (2020). “Small Project Analysis Levels (SPAL)”. Accessed on February 17, 2023: https://www.valleyair.org/transportation/CEQA%20Rules/GAMAQI-SPAL.PDF INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 53 Long-Term Emissions of Particulate Matter (PM10): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of PM10 that exceed 15 TPY. Long-Term Emissions of Ozone Precursors (ROG and NOX): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of ROG or NOX that exceeds 10 TPY. Table 4-1 SJVAPCD Recommended Air Quality Thresholds of Significance2F 5 Pollutant Significance Threshold Construction Emissions (tons/year) Operational Emission (tons/year) CO 100 100 NOX 10 10 ROG 10 10 SOX 27 27 PM10 15 15 PM2.5 15 15 Conflict with or Obstruct Implementation of Applicable Air Quality Plan Air Quality Plans (AQPs) are plans for reaching the attainment of air quality standards. The applicable AQP for the SJVAB is the GAMAQI. Due to the region’s nonattainment status for ozone, PM2.5, and PM10, if the Project-generated emissions of either of the ozone precursor pollutants (i.e., ROG and NO x) or PM10 would exceed the SJVAPCD’s significance thresholds, then the Project would be considered to be conflicting with the AQP. In addition, if the Project would result in a change in land use and corresponding increases in vehicle miles traveled, the Project may result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans. Vehicle Miles Traveled are analyzed in Section 4.17. Local Mobile-Source CO Concentrations Local mobile source impacts associated with the proposed Project would be considered significant if the project contributes to CO concentrations at receptor locations in excess of the CAAQS (i.e., 9.0 ppm for 8 hours or 20 ppm for 1 hour). Toxic Air Contaminants Exposure to toxic air contaminants (TAC) would be considered significant if the probability of contracting cancer for the Maximally Exposed Individual (i.e., maximum individual risk) would exceed 10 in 1 million or would result in a Hazard Index greater than one (1). As recommended by the SJVAPCD, the latest approved California Air Pollution Control Officer’s Association (CAPCOA) methodology was utilized as the TAC screening methodology. According to the CAPCOA Guidance Document titled “Health Risk Assessments for Proposed Land Use Projects,” there are two types of land use project that have the potential to cause long-term public health risk impacts. These project types are as follows: 5 SJVAPCD. (2015). Guidance for Assessing and Mitigating Air Quality Impacts. Accessed on November 29, 2022, https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 54 • Type A: Land use projects with toxic emissions that impact receptors, and • Type B: Land use project that will place receptors in the vicinity of existing toxics sources. In this Guidance document, Type A projects examples are (project impacts receptors): • combustion related power plants, • gasoline dispensing facilities, • asphalt batch plants, • warehouse distribution centers, • quarry operations, and • other stationary sources that emit toxic substances. Odor The intensity of an odor source’s operations and its proximity to sensitive receptors influences the potential significance of odor emissions. Specific land uses that are considered sources of undesirable odors include landfills, transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. The SJVAPCD has identified these common types of facilities that have been known to produce odors in the SJVAB and has prepared screening levels for potential odor sources ranging from one to two miles of distance from the odor-producing facility to sensitive receptors. Odor impacts would be considered significant if the project has the potential to frequently expose members of the public to objectionable odors. Ambient Air Quality The SJVAPCD applies the following guidance in determining whether an ambient air quality analysis should be performed: when assessing the significance of project-related impacts on air quality, it should be noted that the impacts may be significant when on-site emission increases from construction activities or operational activities exceed the 100 pounds per day screening level of any criteria pollutant after implementation of all enforc eable mitigation measures. Under such circumstances, the SJVAPCD recommends that an ambient air quality analysis be performed. Small Project Analysis Level The SPAL identifies pre-quantified emissions and determined values related to project type, size, an d number of vehicle trips. According to the SPAL, projects that fit specified descriptions 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 . 4.3.2 Impact Assessment Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? Less than Significant Impact. The Project would not conflict with the applicable air quality plan if the Project does not exceed the adopted quantitative thresholds for criteria pollutant emissions that are established in the GAMAQI, as demonstrated in the Thresholds of Significance above. As stated above, the SJVAPCD recommends a three-tiered approach to analyze projects for significant impacts on air quality. The first tier is the Small Project An alysis Level INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 55 (SPAL), which adopts a threshold of significance according to the use type, size, and number of vehicle trips of a project. As demonstrated below, the proposed Project would not have any significant effects relating to air quality pursuant to SPAL. Based on the Project description, the most applicable land use type for the proposed Project is the apartment (low rise, 2-3 floors). The corresponding threshold for this land use compared to the Project is shown in Table 4-2. As shown, the Project is below all thresholds and therefore, the Project is assumed to result in air quality impacts that are below the identified thresholds of significance and thus, a less than significant impact would occur. Table 4-2 SPAL Significance Thresholds SPAL Threshold Proposed Project Below Threshold? Size/Unit 224 dwelling units 64 dwelling units Yes Average Daily One-way Trips for All Fleet Types (Except Heavy-Heavy Duty Trucks (HHDT)) 800 431 Yes Average Daily One-way for HHDT trips only (50-mile trip length) 15 0 Yes Note: Trip generation is calculated using average rate of vehicle trip generation per dwelling unit, 6.74, as provided in the Trip Generation Manual 11th Edition for ITE 220, Multifamily Housing (Low-Rise) Not Close to Rail Transit. Trip generation and VMT are further described in Section 4.17. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. The SJVAB is in non-attainment for ozone, PM10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements. The requirements have been set to protect public health, particularly the health of vulnerable populations. Therefore, if the c oncentration of those contaminants exceeds the norm, some susceptible individuals in the population are likely to experience health effects. Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects as analyzed in criterion a) above, the Project would have a less than significant impact on air quality and are excluded from quantifying criteria pollutant emissions for CEQA purposes. Therefore, the Project would not result in significant cumulative health impacts because the emissions are not at a level that would be considered cumulatively significant. As such, the Project would have a less than significant impact. c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Sensitive receptors are defined as people that have an increased sensitivity to air pollution or environmental contaminants. Sensitive receptors include schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling units. The nearest sensitive receptors to the Project site are single-family residences located approximately 20 feet north of the site, 45 feet east of the site, 90 feet west of the site, and 400 feet south of the site. As stated in Thresholds of Significance above, project-related impacts on air quality are considered significant when on-site emission increases from construction activities or operational activities exceed the 100 pounds per day screening level of any criteria pollutant after implementation of all enforceable mitigation measures. Under such circumstances, the SJVAPCD recommends that an ambient air quality INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 56 analysis be performed. As described in criterion a), the Project is below all SPAL thresholds and therefore, the Project is assumed to result in air quality impacts that are below the identified thresholds of significance for both operations and construction and thus, a less than significant impact would occur. Since the Project does not exceed the applicable SPAL thresholds, the Project’s potential to expose sensitive receptors to substantial pollutant concentrations would be less than significant. Further, anticipated development that would result from Project implementation would not be uses that would generate toxic emissions (i.e., Type A uses ide ntified by the CAPCOA guidelines). Although emissions would be emitted during construction of the site (i.e., through diesel fuel and exhaust from equipment), emissions would be temporary and last only during construction activities. In addition, construction activities would be required to comply with all rules and regulations administered by the SJVAPCD including but not limited to Rule 9510 (Indirect Source Review), Regulation VIII (Fugitive PM10 Prohibitions), Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 4402 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). Impacts would be less than significant. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less than Significant Impact. Specific land uses that are considered sources of undesirable odors include landfills, transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. The Project would not consist of such land uses; rather, implementation of the proposed Project would facilitate future residential development, and thus is unlikely t o produce odors that would be considered to adversely affect a substantial number of people. Further, there are no major odor-generating sources within one to two miles of the Project (e.g., sanitary landfill, transfer station, composting facility, food pr ocessing facility, etc.). Although some odors may be emitted during construction of the site (i.e., through diesel fuel and exhaust from equipment), these odors would be temporary and last only during construction activities. For these reasons, any odor impacts associated with the Project would be less than significant. 4.3.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 57 4.4 BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. X INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 58 4.4.1 Environmental Setting The Project site as it currently exists is developed, containing existing structures and on - and off-site improvements including drive approaches, curb, gutter, and overhead utilities along North Armstrong Avenue. There are approximately five existing structures including a 1,918-square foot single-family residence (built circa 1962), garage, and storage sheds. In recent years, the site has been operated as a retail nursery and contains rows of plants for retail sale. The topography of the site is generally flat, as the majority of the site was previously graded and paved for the existing structures and previous retail nursery operations. The existing biotic conditions of the Project site can be defined as urbanized and heavily disturbed. There are trees, shrubs, and herbaceous vegetation surrounding the existing single-family residence and the northern, southern, and eastern site boundary. Grasses that are periodically mowed are located adjacent to the single-family residence. There are also no water features present, except for water that pools in low spots in gravel areas on the site following storm events. Precision Civil Engineering conducted a site visit to the Project site on March 4, 2023. Based on the visit, the site is highly disturbed, with the majority of site being developed with structures, paved, or containing gravel ground cover. Photos from the site visit are provided on the following pages. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 59 Figure 4-1 Southwest Corner of Project Site Looking North Source: Photo by Precision Civil Engineer, Inc., on March 4, 2023 / fS /{/ ■ ■■■ /••• ■#: ■■■ ■■;y.'s s//••/ I*r. .■/ J' ,-+■■' >■'.-,vi , O'" ■■i i.'. Jr"M'[i‘i ,r. ir-urj aAV> SVr -iii A>.. '±2,.--1 v V >i.I V Li i--....■■. ■ •-■■■■■■,"' -S/l.-iT'-imiSrin -1 /- /■\H-m, ■ ■ l >- /■-v/- l- .tm p:- t Vi/Air,v„V-■■f./iAb /■.:/\V-‘ /X /■|\ A I T.'. V J" ■Vi A ■■••■Jbr .E VT;■ r , ■ ' ■-.strife lUs i/ ■/w I-ItiV U- WriiSi ■V&a-Awmt AjT )d■j •••' ■■"X i. £ s&r :,t1 ' '■.1 • 'l.-i ■ ..-■ IPS*,/ •&X* '.jr V>'v&I-.'r>;tV; »■•■■■•■■■. -jaSBj7IJi'i ■i: v1" ;: ■ to ■ r"ir'sJiy T •: ii : , INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 60 Figure 4-2 Middle of the Project Site Looking East Source: Photo by Precision Civil Engineer, Inc., on March 4, 2023 ESI ,i; i i a?? S!if - j \ j-mHi“J5H *37.HH '- W.f 4d !!■' 3* \A.iiiiiimnimmi►<31 Li -Jn -.i ► V*‘ — 5&.7*esS :i^4S SSSf ~/jL—■ K - ~rrX^ j.J-r^j'-.^ ,\2 ‘s- s&swSsbs*' ••-i «*?>?:* 'V,v-• V-■ v.-t-■W », >j=.r<\ • ’■ 7. 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' *?■' .■v.' S8'*'-** !£%■ •-'■' .■ '- ■' ft |pi#; *..-..4 •'•ftvt.v , ;f^fe SK;-PZ$«?r '.(• ' '“J- ; ■ . .•■; m:!k ■}rp. M-’A'-i .■:’ -M, Si* r..Sfm>".*■&v,'' /JwjS:1***- «£M4 ' ■•- M* sSHV-}p.ip ■■ •* ? .•- •'MS>,-v*il$1k:.1•- • hbSBI !SS•■'ti. ’Bsa&sD INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 62 Figure 4-4 Middle of the Project Site Looking East Source: Photo by Precision Civil Engineer, Inc., on March 4, 2023 . ..■ V.i .■ •n .£fi 1.m T,j l .nl .. j V. ■ ■;■tj &ftly ■■. ■■ ■ [.(y V:.V \'■ ■'f ■.OsI: jViv‘ V ’IS-i- - ^ ■ 'r. H . .. - . , ■r'i.i“i—EJ■■ ■■' - rr ll i % “ ' ■■ y u; ■ pf.' —V.y- '' i V ■ ^.v Jj i .:V :V, ' ■ ■ ■ -' , -■.-:■>■:'|>V3 - d>' jC...v*..-ull -. - •VvT1*I .--.■ . : . V vj.' ;/.■■ ■■ , .1 . y-M* -.• : .iT.**■?. ■ .■ :■.■,: .1 : ■ : v'i ' : j i. i * ■- ■ ’}• Ift*jup*--- •■■■ .■■ -■,, ■■■■■ .■■ ■ ■ ■'. : ' iKr'rV?1 i ■ f . 'r:p .- s 'j. r~. '; ' . 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INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 63 Figure 4-5 Northwest Driveway of the Project Site Looking West Source: Photo by Precision Civil Engineer, Inc., on March 4, 2023 1 B y>. im m ? v*-'' ■ ■•;.■ 1 •;V>-tfa.Slfj.'-V/•v-v•1K--;ej ,1*, -' I ____„ t.'j&y-.'-'■HPIfllil r:gSX! .-i,StiEfS J| 11; | |gp3|gp|yfillt^ : .>■, ■isfe; -•":»w o-: ■s.%-' fr-V.► ( ■ ~ 'rf^ ;' f^fci >1 v£W.' v ■' / ■■¥t.-mm, •?3 :P ' ■ - :S/ * - - -.it'.mm *?&y-*'—14v,' *SB*= p||:f!,~kff. /&§*mmmw ns:'V .-:v-if£2S&Sfcsfc*. ..........% mm ':>;r^gmmrMmzg" ■■ *v„-_ r -. - j;-.^ •>»/ s a-asgg:•i <,dSIPIHH,;Se*-HSf»pP -» 5 :- :W&8gm-V •-•>/•.:;-S&M? '■'/ ' :-r -*- KgrV.xr-.,VV< • ■'<&&&*& ;':wmk m -- © X ipWiSiSia r:9^■ -r M■i SeaHi. *-sy*•J-7.^ -r -■■■■ r Wajw-'•'- '■■■ t rTJW^-i MSm? *im.r-,«/Y.SP • «■i'a--;, •- -'■<#£r:m ',---' S3*t/s25«*2i!'• >;-.f W&Wmm&%3m n* ■y -:■''; .»[<X%. MM.:>; J . . y ■ ■<.:(•: :>f.,~;.M:- : ;. ; 7%pfy&:$£-h. %2Ltarfb ';'. *'%ne*>2V&j£*r£*oWmM m£r'tn -^Lr;> i*,vtU^ ••* ••4 Ira «8#TO* ’^s^f^fk^S^SXSsi•^'i;/--r^ x.-'., .. rV,w /. '. ?8gs I '••••;' •^sf-'-f-l£%;r/-<- vM'W™ yM-Sr£3k 3Z$-a mm: pl'ppy.wWz?1 v&mi SStxurA-./»--4o>- •a»Bi V-/V fiS, 4/ &>>•-/ .■- ,',#■ >'•V,,/.*•* U’T.' ‘W:f&sf%rLKm*W^WM ' '.vhtKfr * ■ • ' S ■ w<t*-r INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 64 U.S. Fish and Wildlife – Special-Status Species Database The U.S. Fish and Wildlife Service (USFWS) operates an “Information for Planning and Consultation” (IPaC) database, which is a project planning tool for the environmental review process that provides general information on the location of special-status species that are “known” or “expected” to occur (note: the database does not provide occurrences; refer to the California Department of Fish and Wildlife – Natural Diversity Database below). Specifically, the database identifies 40 endangered species, 13 critical habitats, and 27 migratory birds that are potentially affected in Fresno County.6 The database identified 16 endangered species, no critical habitats, and 16 migratory birds in the City of Fresno. U.S. Fish and Wildlife – Critical Habitat Report Once a species is listed under the federal Endangered Species Act, NOAA Fisheries is required to determine whether there are areas that meet the definition of Critical Habitat. Per NOAA Fisheries, Critical Habitat is defined as: • Specific areas within the geographical area occupied by the species at the time o f listing that contain physical or biological features essential to conservation of the species and that may require special management considerations or protection; and • Specific areas outside the geographical area occupied by the species if the agency det ermines that the area itself is essential for conservation. 7 The process of Critical Habitat designation is complex and involves the consideration of scientific data, public and peer review, economic, national security, and other relevant impacts. According to the Critical Habitat for Threatened & Endangered Species Report updated December 10, 2021, the Project site and its immediate vicinity (0.5-mile radius from the site) are not located within a federally designated Critical Habitat. 8 The closest federally designated Critical Habitat is located approximately 5.8 miles northeast of the Project site for fleshy owl’s-clover (Castilleja campestris ssp. succulenta). U.S. Fish & Wildlife Service – National Wetlands Inventory The USFWS provides a National Wetlands Inventory (NWI) with detailed information on the abundance, characteristics, and distribution of U.S. wetlands. A search of the NWI shows no federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc.) on the Project site or within the immediate vicinity (0.5-mile radius) of the Project site.9 The NWI does not identify any water features within the Project site. The closest water feature identified is a R5UBFx riverine habitat running along the west side of North Armstrong Avenue, approximately 0.02 miles west of the Project site. R5UBFx indicates 6 U.S. fish and Wildlife Service. Information and Planning Consultation Online System. Accessed on February 17, 2023, https://ecos.fws.gov/ipac/ 7NOAA Fisheries. Critical Habitat. Accessed on February 17, 2023, https://www.fisheries.noaa.gov/national/endangered-species-conservation/critical-habitat#key-regulations 8 U.S. Fish & Wildlife. (2021). ECOS Environmental Conservation Online System - USFWS Threatened & Endangered Species Active Critical Habitat Report (updated December 10, 2021). Accessed on November 29, 2022, https://ecos.fws.gov/ecp/report/table/critical-habitat.html 9 U.S. Fish & Wildlife Service. National Wetlands Inventory. Accessed October 12, 2022, https://www.fws.gov/wetlands/data/Mapper.html INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 65 Riverine System (R) of a unknown perennial (5) with an unconsolidated bottom (UB) that is semi- permanently flooded (F) and has been excavated by humans (x) (i.e., possibly a canal). Additionally, the Project site is not within or adjacent to a riparian area nor does the site contain water features. Environmental Protection Agency – WATERS Geoviewer The U.S. Environmental Protection Agency (EPA) WATERS GeoViewer provides a GeoPlatform based web mapping application of water features by location. According to the WATERS GeoViewer, there are no surface water features (i.e., streams, canals, waterbodies, coastlines, catchments) within the Project site.10 California Department of Fish and Wildlife – Natural Diversity Database The California Department of Fish and Wildlife (CDFW) operates the California Natural Diversity Database (CNDDB), which is an inventory of the status and locations of rare plants and animals in California in addition to the reported occurrences of such species.11 According to the CDFW CNDDB, there are 23 special-status species with a total of 32 occurrences that have been observed and reported to the CDFW in or near the Clovis Quad as designated by the United States Geological Survey (USGS). Of the 23 species, there are nine (9) federally or state-listed species: tricolored blackbird, California tiger salamander, vernal pool fairy shrimp, Swainson’s hawk, California jewelflower, western yellow-billed cuckoo, Greene’s tuctoria, least Bell’s vireo, and crotch bumble bee (state candidate endangered).F 12 Appendix B lists the CNDDB-identified animal and plant species within the Salinas Quad, including their habitat and occurrences. The CNDDB also provides CNDDB-known occurrences within a set geographic radius. Figure 4-6 shows the CNDDB-identified occurrences of animal and plant species within the five (5)-mile radius of the Project site. Table 4-3 lists all federally or state-listed special-status species CNDDB-known occurrences within the five (5)-mile radius of the Project site, organized by distance to the site. As shown, the two (2) occurrences that are not eradicated are the vernal pool fairy shrimp approximately 3.5 miles northeast of the site, dated 1993, and the tricolored blackbird approximately 4.9 miles northwest of the site, dated 1975. Other species that are not federally or state-listed that are near the Project site include burrowing owl, American badger, double-crested cormorant, Sanford's arrowhead, California linderiella. Several occurrences are listed as extirpated or possibly extirpated, meaning that the habitat has been destructed or that the element has been searched but not seen for many years. Table 4-4 provides an analysis of essential habitats and the potential for the existence of the special-status species to exist on the Project site. Table 4-3 Special-Status Species Occurrences within 5-mile radius of Project site Species Date Rank Distance to site vernal pool fairy shrimp 3/12/1993 Unknown 3.5 miles northeast tricolored blackbird 4/9/1975 Unknown 4.9 miles northwest Only federally or state-listed threatened/endangered species are listed in the table. Extirpated or possible extirpated occurrences are not shown in the table. 10 U.S. Environmental Protection Agency. WATERS GeoViewer. Accessed October 12, 2022, https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=074cfede236341b6a1e03779c2bd0692 11 California Department of Fish and Wildlife. California Natural Diversity Database. Accessed October 12, 2022, https://wildlife.ca.gov/Data/CNDDB 12 California Department of Fish and Wildlife. Biogeographic Information and Observation System. Accessed January 16, 2023, https://apps.wildlife.ca.gov/bios/?tool=cnddbQuick INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 66 Table 4-4 Essential Habitats and Potential Existence of Special-Status Species on Site Special-Status Species General Habitat Micro Habitat Assessment vernal pool fairy shrimp Endemic to the grasslands of the Central Valley, Central Coast mountains, and South Coast mountains, in astatic rain-filled pools. Inhabit small, clear-water sandstone-depression pools and grassed swale, earth slump, or basalt- flow depression pools. The Project site is fully developed and surrounded by development and graded vacant land. The site does not contain any waterbodies. As such, the site does not provide suitable habitat. tricolored blackbird Highly colonial species, most numerous in central valley and vicinity. Largely endemic to California. Requires open water, protected nesting substrate, and foraging area with insect prey within a few km of the colony. The Project site is fully developed and surrounded by development and graded vacant land. The site does not contain any open water. As such, the site does not provide suitable habitat. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 67 Figure 4-6 CNDDB Species Occurrences -* <3□ Plant (non-specific)□ Plant (circular) Animal (80m) Animal (specific) Animal (non-specific)□ Animal (circular)□ Multiple (circular) i' 5-mileradiusfrom the ProjectSite O 61Sk,ve California tiger salamander Ca fcnra-linderiella ClbvisO \k Bell's vireoIfl 1.5 \ I S ! I-r v.iiv ■»: n vernal pool fairy shrimp %t i r 6a.^Sanford's arrowhead t S'ista itTricolor*!il,ird L San Joaqtiin adobe sunburst Is .\recleast Bet r American badger: Note: Data Accuracy Accuracy represents spatial uncertainty in a relative way on a scaleof one to ten (from most a ecu rate to least accurate). ■ Specific-Specific bounded area.(Level 1) • Non-specific-Non-specific bounded area. (Level 3) ■ 80 m - Specific bounded area with an 80-meter radius. (Level 1) r Qt Project LocationBurrowing owl p Avortino YbwintoInfl Airport ' -Burrowing owl i i ■t>.in western yellow- billed cuckoo Belironl Co uni iv Club j 1 4 ■O,h i 0 / •\ riao i PRECi IA/ ma-’.i Q JhC .— h icni- etrAye Source: California Natural Diversity Database \ CITY OF FRESNO - General Plan Amendment/Rezone/Development Permit No. P22-02376 Created 1/16/2023 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 68 California Fish and Game Code Sections 3503, 3503.5, and 3513 of the California Fish and Game Code specifically protect native birds and raptors. Mitigation for avoidance of impacts to nesting birds is typically necessary to comply with these Sections of the Fish and Game Code in CEQA. 13 Section 3503: It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto. Section 3503.5: It is unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds- of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto. Section 3513: It is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Treaty Act. Recovery Plan for Upland Species of the San Joaquin Valley The Recovery Plan for Upland Species of the San Joaquin Valley covers 34 species of plants and animals that occur in the San Joaquin Valley of California including but not limited to blunt-nosed leopard lizard, riparian brush rabbit, Tipton kangaroo rat, San Joaquin Kit Fox, San Joaquin Woolly Threads, etc. . The majority of the species occur in arid grasslands and scrublands of the San Joaquin Valley and adjacent foothills and valleys. The Plan presents an ecosystem approach to recovery and a community-level strategy for recovery for the identified species. PG&E San Joaquin Valley Operation and Maintenance Habitat Conservation Plan The PG&E San Joaquin Valley Operation and Maintenance Habitat Conservation Plan covers PG&E’s routine operations and maintenance activities and minor new construction, on any PG&E gas and electrical transmission and distribution facilities, easements, private acces s routes, or lands owned by PG&E.14 There are no PG&E transmissions, distribution facilities, easements, or private access routes on the Project site, nor does PG&E own any portion of the site. Any development that impacts existing overhead utilities would be subject to review and approval by PG&E. Fresno General Plan According to the Fresno General Plan, the Fresno General Plan Planning Area contains 11 vegetation communities, two special-status natural communities, and 29 special-status species (including 12 plant species and 17 wildlife species). The General Plan identifies objectives and policies regarding the preservation and conservation of wildlife species; however, the objectives and policies are applicable to the San Joaquin River Corridor. Since t he Project is not located in the San Joaquin River Corridor, the Project would not be subject to the objectives and policies. 13 The California Biologist's Handbook. California Fish and Game Code. Accessed on October 12, 2022, https://biologistshandbook.com/regulations/state -regulations/state-fish-and-game- code/#:~:text=Section%203503,any%20regulation%20made%20pursuant%20thereto.%E2%80%9D 14 PG&E. “Habitat Conservation Plans.” Accessed September 12, 2022, https://www.pge.com/en_US/about- pge/environment/what-we-are-doing/promoting-stewardship/habitat-conservation-plan.page INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 69 Fresno Municipal Code FMC Article 3 – Street Trees and Parkways contains specific policies and regulations for the beautification (FMC Section 13-304), preservation, and maintenance (Section 13-305) of trees in public property. Any development that would result in the planting, preservation, or removal of street trees would be subject to the regulations contained in this Article. 4.4.2 Impact Assessment Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less than Significant Impact. The Project site is previously developed, has undergone significant disturbance, and is not suitable to support the habitat of special status species. As noted above, the site is highly disturbed, with the majority of site being developed with structures, paved, or containing gravel ground cover. The only trees on the site are ornamental palms and three deciduous trees near the existing house and structures, which are bare. The larger trees on the east side of the property are located on the adjacent property to the east and will not be disturbed. The only other vegetation on the site can be categorized as weeds, and is very limited as most of the ground is paved or contains gravel. Further, as noted in the Environmental Setting above, there are no recorded occurrences of special-status or critical habitats on the Project site or within the immediate vicinity of the Project. In addition to this, based on the site visit, as noted above, the Project site does not contain suitable habitat for any species identified as a candidate, sensitive, or special status species because of the highly disturbed nature of the site. Therefore, the Project would not result in a substantial adverse effect on any candidate, sensitive, or special status species. As a result, a less than significant impact would occur. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less than Significant Impact. According to the Fresno General Plan, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, there are no known riparian habitats or other sensitive natural communities identified on the Project site or within the immediate vicinity. Further, the site is heavily impacted and does not provide suitable habitat. For these reasons, the Project would not result in substantial effect on any riparian habitat or other sensitive natural community and a less than significant impact would occur. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. A search of the National Wetlands Inventory shows no federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc.) on or immediately adjacent to the Project site. Typically, the primary wetland indicators include hydrophytic vegetation, hydric soils, and surface hydrology. The on-site topography consists of previously developed land with no water features, including ponds or standing water. The site comprises the following soil types, which are subject to low frequency of flooding and ponding: Rc – Ramona loam (no flooding, INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 70 no ponding) and Re – Ramona loam, hard substratum (no flooding, no ponding).15 Lastly, the site is designated as Zone X on the most recent FEMA Flood Insurance Rate Map (FIRM) No. 06019C1595H dated 2/18/2009.16 Zone X is an area of minimal flood hazards with a 0.2 percent-annual-chance of flood (i.e., 500-year flood). Therefore, the Project would not result in a substantial effect on state- or federally protected wetlands. No impact would occur. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. As previously discussed in criterion a), the Project site does not contain habitat that could support wildlife species in nesting, foraging, or escaping from predators due to the site’s heavy alteration and lack of cover, vegetation, or water features. Therefore, the Project would not interfere with wildlife movement and no impact would occur. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less than Significant Impact. Since the Project is not located in the San Joaquin River Corridor, the Project would not be subject to the preservation and conservation objectives and policies contained in the Fresno General Plan. If the Project would result in the planting, preservation, or removal of street trees along North Armstrong Avenue, it would be subject to FMC Section 13-304 and FMC Section 13-305. The entitlement review process would ensure compliance with the City’s tree preservation policy. Through required compliance, the Project would not conflict with any local policies or ordinances protecting biological resources and a less than significant impact would occur. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project site is within the PG&E San Joaquin Valley Operation and Maintenance HCP Area. There are no PG&E transmissions, distribution facilities, easements, or private access routes on the Project site, nor does PG&E own any portion of the site. Therefore, the Project would not conflict or interfere with the HCP. The Project is also located in the planning area of the Recovery Plan for Upland Species of the San Joaquin Valley. The Project would not conflict with the Recovery Plan since the site does not provide suitable habitat for the upland species identified in the Recovery Plan because the Project does not contain grasslands or scrublands and is not adjacent to foothills. There are no other applicable local, regional, or state habitat or natural community conservation plans. Therefore, the Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. No impact would occur. 4.4.3 Mitigation Measures None required. 15 United States Department of Agriculture Natural Resources Conservation Service. Web Soil Survey. Accessed on February 17, 2023, https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx 16 FEMA. FEMA Flood Map Service Center. Accessed February 17, 2023, https://msc.fema.gov/portal/home INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 71 4.5 CULTURAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c) Disturb any human remains, including those interred outside of formal cemeteries? X 4.5.1 Environmental Setting Generally, the term ‘cultural resources’ describes property types such as prehistoric and historical archaeological sites, buildings, bridges, roadways, and tribal cultural resources. As defined by CEQA, historical resources include sites, structures, objects, or districts that may have historical, prehistoric, architectural, archaeological, cultural, or scientific importance. The city of Fresno has one (1) National Historical Landmark and 31 individual properties listed on the National Register of Historic Places as of 2019, including the Fresno Memorial Auditorium, Old Fresno Water Tower, Thomas R. Meux Home, Tower Theatre, etc. There are 31 properties listed in the California Register of Historic Resources. The City of Fresno adopted the Historic Preserv ation Ordinance in 1979 and maintains a Local Register of Historic Resources that includes places in the National Register, buildings, structures, objects, sites, and districts that have sufficient integrity and are significant in Fresno’s history. There are currently 277 individual properties listed on the Local Register of Historic Resources, including Fresno Buddhist Temple, Fresno Memorial Auditorium, and Helm Building.17 In addition, Fresno also designates four official local historic districts: the Porter Tract, the Wilson Island, Chandler Airfield/Fresno Municipal Airport, and Huntington Boulevard. There are also six districts in Downtown and four districts in the Tower District that have been proposed as historic districts.18 California Native American Heritage Commission (NAHC) A consultation list of tribes with traditional lands or cultural places located within Fresno County was requested and received from the California Native American Heritage Commission (NAHC) on February 16, 2023. The listed tribes include Big Sandy Rancheria of Western Mono Indians, Cold Springs Rancheria of Mono Indians, Dumna Wo-Wah 17 City of Fresno. Historic Preservation Database. Accessed on February 17, 2023, https://cityoffresno.maps.arcgis.com/apps/webappviewer/index.html?id=80d8d181234a46a6a102460db2e9a57a 18 City of Fresno. A Guide to Historic Architecture in Fresno, California. Accessed on February 17, 2023, http://www.historicfresno.org/districts/index.htm INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 72 Tribal Government, Kings River Choinumni Farm Tribe, North Fork Mono Tribe, North Valley Yokuts Tribe, Picayune Rancheria of Chukchansi Indians, Table Mountain Rancheria, Traditional Choinumni Tribe, Tule River Indian Tribe, and Wuksache Indian Tribe/Eshom Valley Band. The NAHC also conducted a Sacred Lands File (SFL) check which received negative results. NAHC correspondence letters are provided in Appendix B. AB 52 and SB 18 Tribal Consultation The City of Fresno conducted formal tribal consultation pursuant to AB 52 (Chapter 532, Statutes 2014) and SB 18 (Chapter 905, Statutes 2004) on February 24, 2023, to the aforementioned tribes. Consultation for AB 52 ends on March 27, 2023 and consultation for SB 18 ends on May 25, 2023. No responses have been received to-date. California Historical Resource Information System Record Search The Southern San Joaquin Information Center (SSJIC) was requested to conduct a California Historical Resources Information System (CHRIS) Record Search for the Project site and surrounding “Project Area” (i.e., 1/2-mile radius from perimeter of Project site). Results of the CHRIS Record Search were provided on January 10, 2023 (Record Search File Number 22-481). Full results are provided in Appendix B. The CHRIS Record Searches generally review file information based on results of Class III pedestrian reconnaissance surveys of project sites conducted by qualified individuals or consultant firms which are required to be submitted, along with official state forms properly completed for each identified resource, to the Regional Archaeological Information Center. Guidelines for the format and content of all types of archaeological reports have been developed by the California Office of Historic Preservation, and reports will be reviewed by the regional information centers to determine whether they meet those requirements. The results of the SJJIC CHRIS Record Search indicate: (1) There have been no previous cultural resource studies conducted within the Project Area. There have been four cultural resource studies conducted within the 1/2-mile radius: FR-01130, 03013, 03014, and 3016. (2) There are no recorded resources within the Project Area or 1/2-half mile radius, and it is not known if any exist there. (3) There are no recorded cultural resources within the Project Area or 1/2-mile radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, or the California State Historic Landmarks. Further, the SJJIC provided the following comments and recommendations: (1) Prior to alternation or demolition of the existing structures, the structures should first be recorded and evaluated for historical significance by a qualified, professional consultant; (2) If any cultural resources were unearthed during ground disturbance activities, all work must halt in the area of the find and a qualified, professional consultant should be called out to assess the finding and make the appropriate mitigation recommendations; INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 73 (3) Contact the NAHC for a list of Native American individuals/organizations that can assist with information regarding cultural resources, and consult the SLF. Historic Evaluation The existing buildings that are slated for demolition were reviewed by Karana Hattersley -Drayton, M.A. A site visit was performed on February 4, 2023 by Ms. Drayton and a history research, including an interview with the current owner, was conducted on February 8, 2023. Results are provided in a Historic Review Report dated February 12, 2023 (See Appendix B) summarized below and incorporated herein. Overall, the Report concludes that the demolition of the existing buildings would not create a substantial adverse change to a historic resource. • There is no evidence that the existing structures are associated with significant historic events. • There is no evidence that the existing structures are associated with persons of importance in local or regional history. • All existing structures are typical mid-century rural buildings. • There is no evidence that the buildings may yield information important in prehistory. 4.5.2 Impact Assessment Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? Less than Significant with Mitigation Incorporated. Based on the CHRIS Records Search conducted on January 10, 2023, and Historic Review Report dated February 12, 2023, there are no known local, state, or federal designated historical resources on the Project site or within a 1/2-mile radius of the site. While there is no evidence that historical resources exist on the Project site, there is some possibility that hidden and buried resources may exist on the Project site with no surface evidence which would be potentially significant. Thus, to further assure construction activities do not result in significant impacts to any potential cultural resources discovered below ground surface, the Project shall incorporate Mitigation Measure CUL-1. If such resources were discovered, then implementation of the required mitigation measure would reduce the impact to less than significant. As a result, the Project would have a less than significant impact with mitigation incorporated. Mitigation Measure CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City‐ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 74 approved institution or person who is capable of providing long‐term preservation to allow future scientific study. (PEIR Mitigation Measure CUL-1.1) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Less than Significant with Mitigation Incorporated. Based on the CHRIS Records Search conducted on January 10, 2023, and Historic Review Report dated February 12, 2023, there is no evidence that cultural resources of any type (including historical, archaeological, paleontological, or unique geologic features) exist on the Project site. Nevertheless, there is some possibility that a non -visible, buried archeological resource may exist and may be uncovered during ground disturbing construction activities which would be potentially significant. To mitigate the event of the accidental discovery and recognition of previously unknown resources before or during grading activities, the Project incorporates Mitigation Measure CUL-1 to reduce any potentially significant impacts to a less than significant impact. c) Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant with Mitigation Incorporated. There is no evidence that human remains exist on the Project site. Nevertheless, there is some possibility that a non-visible buried site may exist and may be uncovered during ground disturbing construction activities which would constitute a significant impact. If any human remains are discovered during construction, CCR Section 15064.5(e), PRC Section 5097.98, and California Health and Safety Code Section 7050.5 will mitigate for the impacts. To further assure future construction activities do not result in significant impacts to any potential resources or human remains discovered below ground surface, the Project shall incorporate Mitigation Measure CUL-2. Therefore, if any human remains were discovered, implementation of this mitigation and referenced regulations would reduce the Project’s impact to less than significant. Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. (General Plan PEIR Mitigation Measures CUL-3) 4.5.3 Mitigation Measures The proposed project shall implement and incorporate, as applicable, the cultural resources related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated June 2023. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 75 Mitigation Measure CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evalua tion of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City‐ approved institution or person who is capable of providing long‐term preservation to allow future scientific study. (PEIR Mitigation Measure CUL-1.1) Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097 .98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who sha ll then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. (General Plan PEIR Mitigation Measures CUL-3) INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 76 4.6 ENERGY Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? X b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? X 4.6.1 Environmental Setting Appendix F of the CEQA Guidelines provides guidance in determining whether a project will result in the inefficient, wasteful, and unnecessary consumption of energy. According to Appendix F of the CEQA Guidelines, the goal of energy conservation implies the “wise and efficient use” of energy through 1) decreasing overall per capita energy consumption, 2) decreasing reliance on fossil fuels such as coal, natural gas, and oil, and 3) increasing reliance on renewable energy sources. Per Appendix F, a project would be considered inefficient, wasteful, and unnecessary if it violated existing energy standards, had a negative effect on local and regional energy supplies and r equirements for additional capacity, had a negative effect on peak and base period demands for electricity and other energy forms, and effected energy resources. Appendix F includes the following criteria to determine whether a threshold of significance is met: 1. The project energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project including construction, operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials may be discussed. 2. The effects of the project on local and regional energy supplies and on requirements for additional capacity. 3. The effects of the project on peak and base period demands for electricity and other forms of energy. 4. The degree to which the project complies with existing energy standards. 5. The effects of the project on energy resources. 6. The project’s projected transportation energy use requirements and its overall use of efficient transportation alternatives. Building Energy Efficiency Standards – Title 24 California’s energy code is designed to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings. The Building Energy Efficiency Standards (Title 24, Parts 6 and 11 of the California Code of Regulations) are updated by the California Energy Commission every three years. The Standards relate to various INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 77 energy efficiency measures including but not limited to ventilation, air conditioning, and lighting. 19 The 2022 Building Energy Efficiency Standards became effective in January 2023. The state’s “green building code” (i.e., CALGreen) is contained within the Building Energy Efficiency Standards, Title 24, Part 11. The CALGreen standards address environmental and sustainable practices during building construction including energy efficiency. CALGreen applies to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure and additions and alterations on a statewide basis. Compliance with these energy efficiency regulations and programs reduces wasteful, inefficient, or unnecessary consumption of energy sources. Fresno General Plan Energy resources and conservation are discussed in the Resource Conservation and Resilience Section of the Fresno General Plan. The following objectives and policies of the Fresno General Plan relate to energy resources and conservation of development in order to reduce community-wide energy consumption: Policy RC-2 Promote land uses that conserve resources. Policy RC-2-a Link Land Use to Transportation. Promote mixed-use, higher density infill development in multi- modal corridors. Support land use patterns that make more efficient use of the transportation system and plan future transportation investments in areas of higher-intensity development. Discourage investment in infrastructure that would not meet these criteria. Policy RC-2-b Provide Infrastructure for Mixed-Use and Infill. Promote investment in the public infrastructure needed to allow mixed-use and denser infill development to occur in targeted locations, such as expanded water and wastewater conveyance systems, complete streetscapes, parks and op en space amenities, and trails. Discourage investment in infrastructure that would not meet these criteria. Objective RC-8 Reduce the consumption of non-renewable energy resources by requiring and encouraging conservation measures and the use of alternative energy sources. Policy RC-8-a Existing Standards and Programs. Continue existing beneficial energy conservation programs, including adhering to the California Energy Code in new construction and major renovations. Policy RC-8-b Energy Reduction Targets. Strive to reduce per capita residential electricity use to 1,800 kWh per year and non-residential electricity use to 2,700 kWh per year per capita by developing and implementing incentives, design and operation standards, promoting alternative energy sources, and cost- effective savings. 19 California Energy Commission. 2019 Building Energy Efficiency Standards. Accessed on December 9, 2022, https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2019-building-energy- efficiency INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 78 4.6.2 Impact Assessment Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. The Project proposes the development of a 64-unit multi-family residential development. Energy would be consumed through Project construction and operations. Energy outputs for short- term construction and long-term operations were estimated using CalEEMod (Appendix A). Traffic impacts related to vehicle trips were considered through a Vehicle Miles Traveled (VMT) analysis contained in Section 4.17. Results are summarized as follows. Based on these data, the energy demand associated with the proposed Project would be less than one percent of Fresno County’s total demand (Criterion 1). Table 4-5 Project Energy Consumption Energy Type1 Project Annual Energy Consumption Fresno County Annual Energy Consumption Project Percentage of County Consumption Electricity2 0.264 GWh 8,378 GWh 0.003 Natural Gas2 873.409 MMBTu 31,889,051 MMBTu 0.003 Fuel (Operations)3 6,870 gallons 532,000,000 gallons <0.00001 Notes: 1. Pacific Gas and Electric Company (PG&E) would serve the site for both electricity and natural gas. 2. Energy consumption data for Fresno County is provided by the California Energy Commission, “Electricity Consumption by County” accessed on December 9, 2022, http://ecdms.energy.ca.gov/elecbycounty.aspx and “Gas Consumption by County” accessed on December 9, 2022, https://ecdms.energy.ca.gov/gasbycounty.aspx 3. Fuel consumption accounts for the 22.9 miles per gallon Average Fuel Efficiency of U.S. Light Duty Vehicles as estimated by the U.S. Department of Transportation, Bureau of Transportation Statistics, accessed on February 24, 2023, https://www.bts.gov/content/average-fuel-efficiency-us-light-duty-vehicles. County fuel consumption was obtained from EMFAC2021. Construction The primary source of energy for construction activities include fuel consumption from construction vehicles and equipment. The Project would be constructed in one phase. Construction is expected to begin in April 2023 and conclude in May 2024, with operations beginning in June 2024. Construction vehicles and equipment would be used during construction activities including demolition of existing structures, typical site pre paration, grading, paving, architectural coating, and trenching. Fuel energy consumed during construction would be temporary and would not represent a significant demand on energy resources. Energy conservation would occur through compliance with current emissions standards and fuel efficiencies including CARB regulations (Airborne Toxic Control Measure) and CCR Title 13, Motor Vehicles. Regulations limit idling and require efficient combustion systems that reduce unnecessary fuel consumption. Compliance with existing regulations would ensure that the short-term, temporary construction activities would not result in wasteful, inefficient, or unnecessary consumption of energy resources consistent with Criterion 4. Operations Operations would involve heating, cooling, equipment, and vehicle trips. Energy consumption related to operations would be associated with building energy demand and fuel consumption as described further below. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 79 As new construction, the Project would be required to meet all mandatory requirements for multi-family buildings as outlined in the 2022 Energy Code. Mandatory requirements apply to building envelopes, ventilation and indoor air quality, space conditioning systems, water heating systems, outdoor and indoor lighting, electri c power distribution, covered process for pools, solar ready buildings, and electric ready buildings. As designed, the Project would exceed these requirements by two to seven percent; these Project design features are accounted for in Table 4-5. Compliance would be verified through the building permit process. Therefore, the Project would meet and exceed mandatory state building energy codes, which are designed to reduce wasteful, inefficient, or unnecessary consumption of energy sources, consistent with Criterion 4. Energy consumption and peak demand for the state are forecasted in Volume IV – California Energy Demand Forecast of the CEC’s Integrated Energy Policy Report.20 As shown in Figure 10 and Figure 4 of the Volume IV Report, the CEC forecasts a 1.3 to 2.3 percent annual average growth rate for electricity and a 0.1 to 0.9 percent annual average growth rate for natural gas between 2021 and 2030. The Project’s anticipated operational energy consumption for electricity and natural gas are shown in Table 4-5. The anticipated consumption would represent 0.003 percent based on Countywide usage, which would be significantly below CEC’s forecast. Therefore, the Project would not require additional energy capacity or supplies in accordance with Criterion 2. In addition, as a residential development the energy consumption can be expected to peak in the evening hours similar to other residential developments. Through compliance with energy conservation requirements under the 2022 Energy Code, the Project would not result in unique or more intensive peak or base period electricity demand in accordance with Criterion 3. Furthermore, PG&E is subject to the state’s Renewable Portfolio Standard (RPS) which requires investor -owned utilities, electric service providers, and community choice aggregators to increas e procurement from eligible renewable resources to 33 percent of total procurement by 2020 to 60 percent of total procurement by 2030. The increase in reliance of renewable resources further ensures that the Project would not result in wasteful, inefficient, or unnecessary consumption of energy sources, consistent with Criterion 5. Development of the Project site would also result in fuel consumption through vehicle trips. As summarized in Table 4-5, the Project would generate an estimated 157,315 trips per year (431 daily trips multiplied by 365 days), which would consume approximately 6,870 gallons of fuel per year (157,315 trips divided by 22.9 miles per gallon). This would account for less than one percent of diesel and gasoline consumed from vehicle trips in Fresno County. Therefore, energy usage associated with vehicle trips for the proposed Project would be minimal in comparison to the gasoline and diesel fuel consumption for the County. In addition, the Project does not propose any unusual features that would result in excessive long-term operational fuel consumption (Criterion 2).Further, annual energy use related to vehicles is expected to decrease over time as a result of vehicle fuel efficiency standards. In addition, the Project site would facilitate the redevelopment of a site within an urbanized area that is surrounded by existing urban uses, which has the potential to further reduce vehicle miles traveled due to the proximity to employment, shopping services, and transportation (See Section 4.11) in accordance with Criterion 6. 20 California Energy Commission. (2022). 2021 Integrated Energy Policy Report – Volume IV – California Energy Demand Forecast. Accessed on February 27, 2023, https://www.energy.ca.gov/data-reports/reports/integrated-energy-policy- report/2021-integrated-energy-policy-report INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 80 Therefore, the Project would not cause wasteful, inefficient, and unnecessary consumption of building energy during project operation, or preempt future energy development or future energy conservation. A less than significant impact would occur. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. As discussed above, the construction and operations of the Project would be subject to compliance with applicable energy efficiency regulations. As shown in Table 4-6, the Project is consistent with the applicable General Plan policies related to energy resources and conservation. Thus, applicable state and local regulations and programs would be implemented to reduce energy waste from construction and operations. Therefore, through compliance, the Project would not conflict with or obstruct any state or local plan for energy efficiency and a less than significant impact would occur. Table 4-6 Consistency with General Plan Energy Conservation Policies General Plan Energy Conservation Policies Consistency/Applicability Determination Policy RC-2-a Link Land Use to Transportation. Promote mixed-use, higher density infill development in multi- modal corridors. Support land use patterns that make more efficient use of the transportation system and plan future transportation investments in areas of higher-intensity development. Discourage investment in infrastructure that would not meet these criteria. Consistent. The Project proposes residential development at a higher density within the city limits. The Project is also developed in an infill site since the land was previously developed and the site is mostly surrounded by developed lands. Consequently, the site has existing infrastructure to serve the proposed development. In addition, there are five bus stops within a one- mile radius of the Project site. Policy RC-2-b Provide Infrastructure for Mixed-Use and Infill. Promote investment in the public infrastructure needed to allow mixed-use and denser infill development to occur in targeted locations, such as expanded water and wastewater conveyance systems, complete streetscapes, parks and open space amenities, and trails. Discourage investment in infrastructure that would not meet these criteria. Consistent. The proposed Project would develop an infill site with a 64-unit residential development. Since the site was previously developed with other uses, the site contains existing utility infrastructure including water, sewer, natural gas, and electricity. Therefore, the Project would not necessitate the expansion of infrastructure including water and wastewater conveyance systems. The Project Area also contains existing roadway infrastructure and would not require additional lanes. The Project would install improvements along North Armstrong Avenue including concrete curb, gutter, sidewalk, and paving per City of Fresno Public Works Standards. In addition, the Project would install landscaping along North Armstrong Avenue, which would enhance the streetscape consistent with the policy. Policy RC-8-a Existing Standards and Programs. Continue existing beneficial energy conservation programs, including adhering to the California Energy Code in new construction and major renovations. Consistent. The Project proposes the demolition of existing buildings and proposes new construction, which would be subject to adhering to the California Energy Code . Title 24 includes mandatory requirements for various building components including but not limited to: ventilation and indoor air quality, space-conditioning systems, pipe insulation, air distribution system, lighting systems and equipment, etc. Buildings whose permit applications are applied for on or after January 1, 2023, must comply with the 2022 Energy Code. Compliance with the 2022 Energy Code would be ensured through the Building Permit process. Therefore, development of INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 81 the site would continue energy conservation programs that adhere to the California Energy Code and would be consistent with the policy. Policy RC-8-b Energy Reduction Targets. Strive to reduce per capita residential electricity use to 1,800 kWh per year and non-residential electricity use to 2,700 kWh per year per capita by developing and implementing incentives, design and operation standards, promotin g alternative energy sources, and cost-effective savings. Consistent. Estimated electricity was estimated for buildout of the Project using CalEEMod. It is estimated that the Project would lead to consumption of 0.264 GWh of electricity per year which is less than one percent of energy consumption for the County of Fresno Further, energy use would be limited to the greatest extent feasible through compliance with energy conservation policies and regulations including the California Building Code and Title 24. Through compliance, it is expected that annual energy use would decrease over time. 4.6.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 82 4.7 GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Directly or Indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii. Strong seismic ground shaking? X iii. Seismic-related ground failure, including liquefaction? X iv. Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? X INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 83 f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X 4.7.1 Environmental Setting The Project site is in the San Joaquin Valley which is one of the two large valleys comprising the Great Valley Geomorphic Province. The San Joaquin Valley is surrounded by Sierra Nevada (east), Coast Ranges (west), Tehachapi (south), and the Sacramento Valley (north). The Fresno area is set on gently southwest-sloping alluvial fans and plans formed by the San Joaquin and Kings Rivers. A brief discussion of the likelihood of seismic activities to occur in or affect Fresno is provided below. Faulting There are no active faults mapped within the City of Fresno. The Project site is not located in an Alquist-Priolo Earthquake Fault Zone as established by the Alquist-Priolo Fault Zoning Act (Section 2622 of Chapter 7.5, Division 2 of the California Public Resources Code). The nearest fault to the Project site is the Clovis Fault, which is approximately 6.5 miles northeast of the site, which is a non-active fault. The nearest active faults include San Joaquin Fault (approximately 63 miles west), Round Valley Fault (approximately 69 miles northeast), Kings Canyon Fault (approximately 74 miles southeast), and the San Andreas Fault (approximately 74 miles southwest). 21 Subsurface Soils According to the Geologic Hazards Investigation for the 2025 Fresno General Plan, the uppermost soils in the Fresno area (i.e., 6-12 inches) comprise very loose silty sand, silty sand with trace clay, sandy silt, clayey sand, or clayey gravel. These soil types are disturbed, have low strength, and are highly compressible when saturated. Area soils between two to four feet below ground surface (bgs) range from loose/soft to very dense/hard clays, silts, sands, and gravels with the characteristics of moderately strong and moderately compressible. Three to five feet bgs soils are clays, silts, sands, and gravels that are moderately strong and slightly compressible. A search of the Web Soil Survey by the USDA Natural Resources Conservation Service indicates that the following soils comprise the Project site (Figure 4-7): 22 Rc: Ramona loam, 0 to 3 percent slopes, well drained, low runoff, with no potential of flooding or ponding. The depth to water table is more than 80 inches. The Rc soils account for 84.8% of the Project site. Re: Ramona sandy loam, hard substratum, 0 to 2 percent slopes, well drained, low runoff, with no potential of flooding or ponding. The depth to water table is more than 80 inches. The R e soils account for 15.2% of the Project site. Strong Ground Shaking According to Fresno General Plan Update PEIR (Appendix F: Geology and Soils), the Fresno area is subject to low to moderate ground shaking. In addition, the Fresno area is classified by FEMA Earthquake Hazard Maps as being in a 21 California Department of Conservation. Fault Activity Map of California. Accessed on December 9, 2022, https://maps.conservation.ca.gov/cgs/fam/ 22 United States Department of Agriculture Natural Resources Conservation Service. “Web Soil Survey.” Accessed on December 9, 2022, https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 84 moderate seismic risk zone, Category “C” or “D,” depending on the soils underlying the specific location being categorized and that location’s proximity to the nearest known fault lines.23 The Owens Valley Earthquake of 1872 and the Coalinga Earthquake of 1982 generated ground shaking of intensity VII of the 12 -point Modified Mercalli Intensity (MMI) scale. Intensity VII earthquakes result in negligible damage to buildings, slight to moderate in well- built structures, considerable damage in poorly built or badly designed structures, and some broken chimneys.24 All new development is required to conform to current seismic protection standards in the California Building Code (CBC), which are intended to minimize potential risks. Liquefaction Liquefaction is a seismic phenomenon in which loose, saturated, fine‐grained granular soils behave similarly to a fluid when subjected to high‐intensity ground shaking. The potential for liquefaction in the City of Fresno is low to moderate, per the Fresno County Multi-Hazard Mitigation Plan. There has been no observed liquefaction from any historic earthquake. Additionally, ground shaking, seismic settlement, and lateral spreading are not considered to be significant hazards due to the stable area soils as observed in the Geologic Hazards Investigation for the Fresno General Plan. Erosion Wind and flowing water are the primary agents of erosion in the San Joaquin Valley. Two (2) types of areas with moderate to high erosion potential are identified by the Fresno County Multi-Hazard Mitigation Plan: soils in the Sierra Nevada and foothills on slopes over 30 percent and soils in the western San Joaquin Valley and Coast Ranges. According to the Fresno General Plan, the City of Fresno is not susceptible to soil erosion except for land within 300 feet of the toe of the San Joaquin River bluffs. However, the Project site is not a bluff area and is therefore not subject to the potential for moderate to high erosion. 23 Federal Emergency Management Agency. (2023). Earthquake Hazards Map. Accessed on May 3, 2023, https://www.fema.gov/emergency-managers/risk-management/earthquake/hazard-maps 24 US Geological Survey (USGS), 2017. The Modified Mercalli Intensity Scale, Accessed on February 17, 2023, https://www.usgs.gov/programs/earthquake-hazards/modified-mercalli-intensity-scale INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 85 Figure 4-7 Soil Distribution Map Source: United States Department of Agriculture Natural Resources Conservation Service. “Web Soil Survey.” Accessed on December 9, 2022 ”--------------r— t rJ r— ~ i I try-,* v?x4p***dfBl* i ■ *•i.pV"rkrfj^ * I k ?t e Er :«5 5r1 _____ m 'i. -J ■•i•j _■» i jnf 3•*. *■*II ■■-p.SEJE K p- -■" ’ ,_■4.'• -V _ J‘4" 1 %1 SB T- -r f 4 i i ■*.x>I I|t*•I ■ i 1 I-II«T^,, li- !tJ n I *■ ■ *' ■ ■«' +.T*. .: • y ■I V| i t ixfjk > f?r * _- ■I f - i■JE f1N_£-L INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 86 Ground Subsidence Ground subsidence is the settling or sinking of surface soil deposits with little or no horizontal motion. Soils with high silt or clay content are subject to subsidence. While the County of Fresno identifies a significant hazard significance for subsidence due to heavy groundwater withdrawal, the City of Fresno is not known to be subject to subsidence hazards. Areas with potential for subsidence hazards are in western Fresno County as mapped in the Fresno County Multi-Hazard Mitigation Plan. Fresno General Plan Geology and soils are discussed in the Noise and Safety Chapter of the Fresno General Plan. The following relevant policies of the Fresno General Plan: Policy NS-2 Minimize risks of property damage and personal injury posed by geologic and seismic r isks. Policy NS-2-a Seismic Protection. Ensure seismic protection is incorporated into new and existing construction, consistent with the Fresno Municipal Code. Policy NS-2-b Soil Analysis Requirement. Identify areas with potential geologic and/or soils hazards, and require development in these areas to conduct a soil analysis and mitigation plan by a registered civil engineer (or engineering geologist specializing in soil geology) prior to allowing on -site drainage or disposal for wastewater, stormwater runoff, or swimming pool/spa water. 4.7.2 Impact Assessment Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. There are no known active earthquake faults in Fresno, inclusive of the Project site, nor is Fresno within an Alquist-Priolo earthquake fault zone as established by the Alquist-Priolo Fault Zoning Act. Thus, the Project would not cause rupture of a known earthquake fault and no impact would occur. ii. Strong seismic ground shaking? Less than Significant Impact. The Project site is relatively flat and has stable, native soil and is not in proximity to any fault lines. In addition, the Project would be required to conform to current seismic construction standards in the CBC which are intended to minimize potential risks (e.g., the building code requires specific tests and inspections for masonry, wall anchors, and wall bolts to ensure that structures can adequately resist seismic forces during earthquakes). Therefore, because of the Project’s stable soils and distance from active fault lines, and because of the Project’s conformance to CBC seismic construction standards, the Project would have a less than significant impact. iii. Seismic-related ground failure, including liquefaction? INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 87 Less than Significant Impact. There are also no geologic hazards or unstable soil conditions known to exist on the Project site. The site is relatively flat with stable soils and no apparent unique or significant landforms. For this reason, liquefaction or seismically induced settlement or bearing loss is considered unlikely, even if there should be a substantial increase in ground water level. Further, development of the site would require compliance with the grading and drainage plans as reviewed and approved by the City. In addition, the Project does not have any component that could result in seismic-related ground failure, including liquefaction. For these reasons, the Project would have no impact. iv. Landslides? No Impact. The topography of the Project site is relatively flat with stable, native soils, and the site is not susceptible to seismic activities, geologic instability, or landslides. Furthermore, the site is not in the immediate vicinity of rivers or creeks that would be more susceptible to landslides. In addition, the Project does not have any component that could result in landslides. Therefore, the Project would have no impact. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Development of the Project site would require typical site preparation activities such as grading and trenching which may result in the potential for short-term soil disturbance or erosion impacts. Construction would also involve the use of water which may cause further soil disturbance. Such impacts would be addressed through compliance with regulations set by the State Water Resources Control Board (SWRCB). Namely, because the site is greater than one-acre in size, the Applicant is required to prepare a Stormwater Pollution Prevention Plan (SWPPP) in compliance with the National Pollution Discharge Elimination System (NPDES) stormwater program. The SWPPP estimates the sediment risk associated with construction activities and includes BMPs to control erosion. BMPs specific to erosion control cover erosion, sediment, tracking, and waste management controls. Implementation of the SWPPP minimizes the potential for the Project to result in substantial soil erosion or loss of topsoil and impacts would be less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less than Significant Impact. The site is relatively flat with stable soils and no apparent unique or significant landforms. Furthermore, the Project site is in an area of infrequent and low historic seismic activity of nearby faults. Such factors minimize the potential for other geologic hazards such as landslides, lateral spreading, subsidence, liquefaction, or collapse. Therefore, any development on the native, stable soils is unlikely to become unstable and result in geologic hazards. In addition, the Project does not have any aspect th at could result in a landslide, lateral spreading, subsidence, liquefaction, or collapse. As such, the Project would have no impact. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? No Impact. The Project site is relatively flat and stable, native soils of loam and sandy loam. Loam and sandy loam soils are not classified as expansive soil, as defined in Table 18 -1-B of the Uniform Building Code and would not create substantial direct or indirect risks to life or property. Thus, no impact would occur. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 88 No Impact. The Project site is within city limits and would be required to connect to City wastewater services. Therefore, no septic tanks or alternative wastewater disposal systems would be installed, and no impact would occur. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact with Mitigation Incorporated. There are no known paleontological resources or unique geological features known to the city on this site. In addition, the Project site is heavily disturbed as it has been previously developed. Nevertheless, there is some possibility that a non-visible, buried resource, site. or feature may exist and may be uncovered during ground disturbing construction activities which would constitute a significant impact. To further assure future development does not result in significant impacts to any potential resources, the Project shall incorporate Mitigation Measure CUL-1 as described in Section 4.5 to mitigate for potential paleontological resources or unique geologic features that may be discovered during ground-disturbing activities. Therefore, if any paleontological resources or geologic features were discovered, implementation Mitigation Measure CUL-1 would reduce the Project’s impact to less than significant. 4.7.3 Mitigation Measures The proposed project shall implement and incorporate, as applicable, the cultural resources related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated June 2023. Mitigation Measure CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City‐ approved institution or person who is capable of providing long‐term preservation to allow future scientific study. (PEIR Mitigation Measure CUL-1.1) INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 89 4.8 GREENHOUSE GAS EMISSIONS Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X 4.8.1 Environmental Setting In assessing the significance of impacts from GHG emissions, Section 15064.4(b) of the CEQA Guidelines states that a lead agency may consider the following: • The extent to which the project may increase or reduce GHG emissions as compared to the environmental setting; • Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project; • The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions. Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA As part of the SJVAPCD Climate Change Action Plan (CCAP), SJVAPCD adopted its Guidance for Valley Land‐ use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA and the policy District Policy - Addressing GHG Emission Impacts for Stationary Source Projects Under CEQA When Serving as the Lead Agency in 2009. 25, 26 Through this guidance document, SJVAPCD recognized that project-specific emissions are cumulative and could be considered cumulatively considerable without mitigation. SJVAPCD suggests that the requirement to reduce GHG emissions for all projects is the best method to address this cumulative impact. In addition, this guidance provides screening criteria for climate change analyses, as well as draft guidance for the determination of significance. As shown in Figure 4-8, these 25 San Joaquin Valley Air Pollution Control District. (2009). Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. Accessed December 9, 2022, http://www.valleyair.org/Programs/CCAP/12-17-09/3%20CCAP%20-%20FINAL%20LU%20Guidance%20- %20Dec%2017%202009.pdf. 26 San Joaquin Valley Air Pollution Control District. (2000). Environmental Review Guidelines: Procedures for Implementing the California Environmental Quality Act. Accessed December 9, 2022, http://www.valleyair.org/transportation/CEQA%20Rules/ERG%20Adopted%20_August%202000_.pdf INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 90 criteria are used to evaluate whether a project would result in a significant climate change impact. Projects that meet one of these criteria would have less than significant impact on the global climate. 1. Exempt from CEQA; 2. Complies with an approved GHG emission reduction plan or GHG mitigation program; 3. Achieves 29 percent GHG reductions by using approved Best Performance Standards; or 4. Achieves AB 32 targeted 29 percent GHG reductions compared with “business as usual.” The significance thresholds are based on the target established by CARB’s Assembly Bill (AB) 32. AB 32 requires CARB to develop regulations to reduce the state’s GHG emissions to their 1990 levels by 2020. AB 32 resulted in the AB 32 Scoping Plan, first approved in 2008. The 2017 Scoping Plan is the second update, reflecting targets established by Executive Order B-30-15 and codified in Senate Bill (SB) 32. SB 32 codifies reduction targets of at least 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. CARB adopted the 2022 Scoping Plan on December 16, 2022 that addresses long-term GHG goals set forth by AB 1279.27 The 2022 Scoping Plan outlines the State’s pathway to achieve carbon neutrality and an 85 percent reduction in 1990 emissions goal by 2045. In the 2022 Scoping Plan, CARB advocates for compliance with a local GHG reduction strategy consistent with CEQA Guidelines section 15183.5. Further, the SJVAPCD requires quantification of GHG emissions for all projects which the lead agency has determined that an EIR is required. Although an EIR is not required for the Project, the GHG emissions are quantified below. Short-term construction and long-term operational GHG emissions for project buildout were estimated using CalEEModTM (v.2020.4.0). (Appendix A). CalEEMod is a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify GHG emissions from land use projects. The model quantifies direct GHG emissions from construction and operation (including vehicle use), as well as indirect GHG emissions, such as GHG emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. Emissions are expressed in annual metric tons of CO2 equivalent units of mindividualMTCO2e), based on the global warming potential of the individual pollutants. 27 The Final 2022 Scoping Plan was released on November 16, 2022 and adopted by ARB on December 16, 2022. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 91 Figure 4-8 SJVAPCD’s GHG Thresholds of Significance Source: SJVAPCD Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA – Land Use Development Projects 2009 Project EXEMPT from CEQA No Project complies with an adopted statewide, regional, or local plan for reduction or mitigation of GHG emissions No------- Project achieves 29% GHG Emission ReductionsTarget by using Approved BPS No------- GHG emissions QuantificationYes Project achieves AB32 targeted 29% GHG Emission Reductions compared to BAU Yes Yes Yes No NO Further Analysis LESS THAN SIGNIFICANT SIGNIFICANT INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 92 City of Fresno GHG Reduction Plan As part of implementation of the General Plan, the City of Fresno adopted the Climate Action Plan, referred to as the Greenhouse Gas Reduction Plan (GHG Reduction Plan), first in 2014 and updated in 2021. The GHG Reduction Plan provides the City’s primary strategy for reducing GHG emissions. The intent of the GHG Reduction Plan is to achieve compliance with State GHG reduction mandates by focusing on feasible actions the City can take to minimize the adverse impacts of growth and development on climate change. The GHG Reduction Plan incorporates targets set by AB 32 and SB 32, in addition to the 2015 Newhall Ranch Specific Plan decision by the California Supreme Court invalidating an EIR for a variety of reasons, including the use of 29 percent BAU as a significance threshold for GHG emissions without supporting evidence. The GHG Reduction Plan is considered a “Qualified Plan,” according to California Environmental Quality Act (CEQA) Guidelines Section 15183.5. The proposed Project’s consistency with the GHG Plan Update is assessed and is used to make a significance determination related to GHG impacts. New Discretionary Development Approval Process to determine Consistency with GHG Reduction Plan Projects requiring discretionary approval from the City are required to comply with CEQA provisions related to GHG emissions. Projects that demonstrate consistency with the GHG Reduction Plan “CEQA Consistency Checklist” are consistent with the GHG Reduction Plan and are considered CEQA-complaint for GHG impacts. 28 1. Review the GHG Reduction Plan Project Update CEQA Consistency Checklist that lists the local GHG reduction strategies identified in the GHG Reduction Plan Update to determine applicability to the project. 2. Incorporate design features or mitigation measures into the project as needed to demonstrate consistency. 3. Implement project design features suitable for the development type and location. Review Process for New Discretionary Development Requiring a General Plan Amendment For new discretionary development requiring a General Plan Amendment or Rezone, the following review process applies: 1. Comply with all of the applicable measures listed above for ministerial and discretionary projects. 2. Ensure that change in land use designation would not result in a significant increase in GHG emissions compared to the existing designation (would require a GHG technical study to quantify GHG emissions and benefits of project design features). 3. Projects currently designated for residential or commercial development that increase development densities and intensities and comply with the relevant GHG reduction strategies in the General Plan, or provide quantified GHG emission reduction calculations which demonstrates that the project would mitigate the cumulative GHG emissions, are considered to have a less than significant GHG impact. 28 City of Fresno. (2021). Greenhouse Gas Reduction Plan Update. Accessed on December 9, 2022, https://www.fresno.gov/darm/wp-content/uploads/sites/10/2021/03/Link4AppendixGGHGRPUpdate.pdf INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 93 4. Emissions from stationary sources for new industrial projects are not considered in the significance determination; however, emissions from motor vehicles trips generated by the project and energy efficiency of the building are considered. (Note: this step is not applicable to the Project because the Project does not propose an industrial use) 5. Projects that propose decreases in development densities or intensities requiring a General Plan amendment will require analysis of GHG emissions to determine the impacts on the General Plan land use strategy and must identify mitigation measures to reduce greenhouse gas emission s beyond those required by regulation if needed. (Note: this step is not applicable to the Project because the Project proposes an increase in development density/intensity). If the project requires a general plan amendment, then the project proponent is required to provide estimated GHG project emissions under both existing and proposed designation(s) for comparison , comparing the maximum buildout of the existing designation with the maximum buildout of the proposed designation. If the estimated project emissions at maximum buildout of the proposed designation is equivalent to or less than the estimated project emissions at maximum buildout of the existing designation, then in accordance with the City’s significance thresholds, the project’s GHG impact is less than significant. If there is a proposed development project associated with the general plan amendment or rezone, then the project proponent is required to complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required. If the estimated project emission at maximum buildout of the proposed designation(s) is greater than the estimated project emissions at maximum buildout of the existing designation(s), then in accordance with the City’s Significance Determination Thresholds, the project’s GHG impact is significant. The project must either show consistency with applicable GP objectives and policies (provide applicable GP objectives and policies here) or provide analysis and measures to incorporate into the project to bring the GHG emissions to a level that is less than or equal to the estimated project emission at maximum buildout of the existing designation(s) unless the decision‐maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. If there is a proposed development project associated with this plan amendment and or rezone then complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required. Methodology CalEEMod is a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions from land use projects. The model quantifies direct emissions from construction and operation (including vehicle use), as well as indirect emissions, such as emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. The model also identifies mitigation measures to reduce criteria pollutant and GHG emissions. CalEEMod.2020.4.0 was used to estimate construction and operational impacts of the proposed project. Modeling assumptions and output files are provided in Appendix A. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 94 4.8.2 Impact Assessment Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than Significant Impact. As stated in the Environmental Setting, the SJVAPVD Guidance document provides screening criteria for determining significance. Projects that meet one of these criteria would have a less than significant impact. The first criterion, compliance with an approved GHG emission reduction plan, is addressed in criterion b) finding that the Project would be consistent. Therefore, the following analysis quantifies Project-related GHG emissions from direct and indirect sources resulting from construction and operational activities. Overall, the Project would achieve a 29 percent GHG reduction compared with “business as usual.” Under criterion #2 and #3, the impacts would be less than significant. Construction Emissions GHG emissions generated throughout the duration of construction activities are summarized and shown in Table 4-10. The SJVAPCD does not have a recommendation for assessing the significance of construction related emissions, however, other jurisdictions such as the Sacramento Metropolitan Air Quality Management District (SMAQMD) have concluded that construction emissions should be included since they may remain in the atmosphere for years after construction is complete. The SMAQMD has established quantitative significance thresholds of 1,100 MT CO2e per year for the construction phases of land use projects. As such, annual construction emissions below the 1,100 MT CO2e would have a less than significant cumulative impact on GHGs. As shown in Table 4-10, the Project would result in a maximum annual construction emissions of 370 MT CO2e and construction impacts would be less than significant. Table 4-7 Summary of Construction-Generated Greenhouse Gas Emissions Emissions Source MT CO2e per Year Annual Construction Emissions (2023) 369.6643 Annual Construction Emissions (2024) 22.9677 Maximum Construction Emissions 369.6643 Significance Threshold 1,100 Threshold Exceeded? No Source: CalEEMod runs February 24, 2023 Operational Emissions Operational emissions were estimated for the Project under three scenarios: business-as-usual (BAU), earliest operational year/buildout (2024), and 2030. The BAU scenario represents conditions prior to the adoption of GHG reduction regulations (2005) and the earliest operational year/buildout scenario and 2030 scenario accounts for Project-specific design features, regulations, and reduction sources identified in CalEEMod, as further described below. These features, regulations, and reduction sources are identified in CalEEMod as “mitigation measures,” but are considered to represent unmitigated project conditions. The CalEEMod output files with assumptions are provided in Appendix A. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 95 • Business-as-Usual Operational Emissions: Modeling assumptions for construction in 2024 and operational in 2005 were used to represent business as usual conditions. CalEEMod defaults were used for all areas including energy usage, water usage, waste generation, and area sources. • 2024 Project Operational Emissions: Modeling for the buildout of the proposed Project in the earliest operational year (2024) is used to represent the Project’s Operational emissions. The modeling assumes compliance with the applicable rules and regulations regarding energy efficiency, vehicle fuel efficiency, renewable energy usage, and other GHG reduction policies. Proposed Project design features are also included in the modeling. (See Appendix A for detailed assumptions) The scenario assesses the Project’s consistency with the SJVAPCD 29 percent reduction from BAU threshold and the 21.7 percent threshold required for consistency with AB 32. • 2030 Operational Emissions: Modeling assumptions to include existing applicable regulations and Project design features as well as requirements that will be carried out in 2030. The scenario assesses the Project’s consistency with the SB 32, 2030 target which is 40 percent below 1990 emission levels by 2030. The City of Fresno nor the SJVAPCD have adopted quantitative thresholds for the SB 32, 2030 target. In the interim, the Project shall show continued progress toward the SB 32, 2030 target. o The utilities will be required to increase the use of renewable energ y sources to 60 percent by 2030 per SB 100. Total operational emissions under the three scenarios are summarized and shown in Table 4-8. In order for operational emissions to be considered less than significant, Project-specific GHG emissions must be reduced or mitigated by at least 29 percent compared to BAU, including GHG emission reductions achieved since the 2002-2004 baseline period. As shown, the Project would achieve a 73.1 percent reduction from BAU in the buildout/earliest operational year scenario which is above the 29 percent reduction required by the SJVAPCD guidance as well as the required 21.7 percent average reduction in accordance with AB 32 targets. The Project would achieve a 76.3 percent reduction from BAU in the 2030 operational year scenario, which is 54.6 percent above the 21.7 percent average reduction in accordance with AB 32 targets and demonstrates progress toward achieving the SB 32 targets. Table 4-8 Summary and Comparison of Operational Emissions Emission Source Total Operational Emissions (MT CO2e Per Year) 2005 (Business-as-Usual) 2024 (Earliest Operational Year) 2030 Area 28.6974 0.7949 0.7947 Energy 71.5893 58.5235 51.9773 Mobile 708.9125 148.6442 128.2921 Waste 14.8054 7.4027 7.4027 Water 8.6438 8.5118 8.5118 Total 832.6484 223.8770 196.9786 Reduction from BAU 608.7714 635.6698 Percent Reduction 73.1% 76.3% Significance Threshold 29% 29% Significant Impact? No No Source: CalEEMod runs February 27, 2023 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 96 Overall, the Project shows significant reductions under the 2024 operational year scenario and year 2030 scenario as compared to BAU. The estimated reductions indicate that the Project would not inhibit progress toward achieving statewide GHG emissions targets. Therefore, the impact would be less than significant. Further, the Project would not exceed the thresholds of significance for construction or operation emissions as discussed in Section 4.3. Cumulatively, these emissions would not generate a significant contribution to global climate change over the lifetime of the proposed Project. As such, it can be determined that the Project would not occur at a scale or scope with potential to contribute substantially or cumulatively to the generation of GHG emissions and therefore the impact would be less than significant. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than Significant Impact. The following analysis assesses the Project’s compliance with the applicable plans adopted for the purpose of reducing GHG emissions, including CARB’s 2022 Scoping Plan and the City of Fresno GHG Reduction Plan. Overall, impacts would be less than significant. Consistency with the CARB 2022 Scoping Plan The first approach recommended by CARB for determining whether a proposed residential development would align with the State’s climate goals is to examine whether the project includes key project attributes that reduce operational GHG emissions while simultaneously advancing fair housing. As stated in the 2022 Scoping Plan, residential projects that have all of the key attributes shown in Table 4-9 are considered to be aligned with the State’s priority GHG reduction strategies and with the State’s climate and housing goals. As such, these projects would be considered to be consistent with the Scoping Plan and would result in a less significant impact under CEQA. However, lead agencies have the discretion under the Scoping Plan, with additional supporting evidence, that projects that incorporate some but not all of the key pro ject attributes are consistent with the State’s climate goals. As discussed in Table 4-9, the Project would be consistent with all applicable key project attributes. Table 4-9 Consistency with Key Residential Project Attributes that Reduce GHGs Priority Areas Key Project Attributes Project Consistency Transportation Electrification Provides EV charging infrastructure that, at minimum, meets the most ambitious voluntary standard in the California Green Building Standards Code at the time of project approval. Consistent. The Project consists of a multi-family residential development and proposes 124 parking stalls. Of the 124 parking stalls, 13 stalls would be “EV capable” accounting for 10% of the parking spaces in accordance with the 2022 California Green Building Standards Code, Title 24, Part 11. Therefore, the Project would provide EV capable parking spaces at 10% of the parking spaces in accordance with the 2022 California Green Building Standards Code, Title 24, Part 11 and would be consistent with this attribute. VMT Reduction Is located on infill sites that are surrounded by existing urban uses and reuses or redevelops previously Consistent. Per Fresno General Plan Objective UF-12, infill development is defined as being within the City of INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 97 undeveloped or underutilized land that is presently served by existing utilities and essential public services (e.g., transit, streets, water, sewer). December 31, 2012 – including the Downtown core area and surrounding neighborhoods, mixed-use centers, and transit-oriented development along major Bus Rapid Transit corridors, and other non-corridor infill areas, and vacant land. According to the City of Fresno GIS Data Viewing Application, the Project site was annexed into the city on December 5, 2006 and is currently vacant. Therefore, the Project would be located on an infill site. Further, the Project site is surrounded by existing urban uses. The site is surrounded by existing residential uses (north, west), a basin (east), and vacant land (south). All surrounding properties are planned and zoned for residential uses. Lastly, because the Project site is located within city limits, the site is presently served by existing utilities and essential public services. Therefore, the Project is consistent with this attribute. Does not result in the loss or conversion of natural and working lands. Consistent. The Project site as it currently exists is developed, containing existing structures. In recent years, the site has been operated as a retail nursery and contains rows of plants for sale by retail. Therefore, the Project would not result in the loss or conversion of natural and working lands and is thereby consistent with this attribute. Consists of transit-supportive densities (minimum of 20 residential dwelling units per acre), or Is in proximity to existing transit stops (within a half mile),or Satisfies more detailed and stringent criteria specified in the region’s SCS. Consistent. The 2022 Fresno COG Regional Transportation Plan (RTP)/SCS was adopted by Fresno COG on July 28, 2022. The proposed Project is consistent with the adopted RTP/SCS for the following reasons. SB 375 increased the link between housing planning and the RTP. Although the SCS within the RTP indicates that the SCS preferred scenario supplies enough residential housing capacity by jurisdiction to accommodate the eight- year housing need, the proposed Project would further the goals of the SCS by: • Increasing the housing supply and mix of housing types, tenure, and affordability. • Promoting infill development and socioeconomic equity, INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 98 protecting environmental and agricultural resources, and encouraging efficient development patterns; and • Promoting an improved intraregional relationship between jobs and housing. Therefore, the Project would be consistent with this attribute. Reduces parking requirements by: Eliminating parking requirements or including maximum allowable parking ratios (i.e., the ratio of parking spaces to residential units or square feet); or Providing residential parking supply at a ratio of less than one parking space per dwelling unit; or For multifamily residential development, requiring parking costs to be unbundled from costs to rent or own a residential unit. Consistent. The Project consists of a multi-family residential development that would unbundle parking costs from costs to rent a residential unit. Therefore, the Project would be consistent with this attribute. At least 20 percent of units included are affordable to lower-income residents N/A. The Project does not consist of an affordable housing development, therefore this attribute is not applicable. Results in no net loss of existing affordable units Consistent. The Project site as it currently exists is developed, containing existing structures. In recent years, the site has been operated as a retail nursery and contains rows of plants for sale by retail. The site does not contain existing affordable units. Therefore, the Project would not result in a no net loss of existing affordable units and would be consistent with this attribute. Building Decarbonization Uses all-electric appliances without any natural gas connections and does not use propane or other fossil fuels for space heating, water heating, or indoor cooking Consistent. The Project would exceed all mandatory requirements for multi-family buildings as outlined in the 2022 Energy Code by two to seven percent and verified through the building permit process. The Project would not follow any other GreenPoint ratings. Mandatory requirements apply to building ventilation and indoor air quality, space conditioning systems, water heating systems, electric power distribution, and electric ready buildings. Therefore, the Project would be consistent with this attribute. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 99 Consistency with City of Fresno’s GHG Reduction Plan As stated in the Environmental Setting, projects that meet the requirements of the Consistency Checklist contained in the City of Fresno GHG Reduction Plan are presumed to be consistent with the Plan and would be found to have a less than significant impact related to the generation of GHG emiss ion, either directly or indirectly. Therefore, if the proposed Project would be consistent with the GHG Reduction Plan then the Project’s impacts related to GHG emissions would be less than significant. Since the Project consists of discretionary development that requires a General Plan Amendment and Rezone, the GHG Reduction Plan requires modeling of the Project’s GHG emissions under the maximum buildout of the existing land use designation and proposed land use designation utilizing CalEEMod. The maximum buildout of the existing land use designation, Residential – Low Density would be 14 units (4.20 net acres multiplied by 3.5 dwelling units per acre equals 14 units); the maximum buildout of the proposed land use designation, Residential – Medium High Density would be 67 units (4.20 net acres multiplied by 16 dwelling units per acre equals 67 units). For CalEEMod modeling purposes, the “single-family dwelling” land use type and “low-rise apartments” land use type were used in addition to all default factors. Operational emissions are summarized in Table 4-10. Table 4-10 Comparison of Project and Existing Designation GHG Emissions Emissions Source GHG Emissions (Metric Tons CO2e per Year) Existing Designation Proposed Designation Area 6.2748 30.0295 Energy 28.4961 74.9450 Mobile 141.7587 530.1396 Waste 8.3230 15.4994 Water 1.8908 9.0490 Total 186.7435 659.6626 Source: CalEEMod runs February 23, 2023 As shown in Table 4-10, the maximum buildout of the existing land use designation generates an estimated 187 metric tons of CO2e per year as opposed to the 660 metric tons of CO2e per year that generated by the maximum buildout under the proposed land use designation. Since the maximum buildout under the proposed designation is estimated to generate emissions greater than maximum buildout under the existing designation, then in accordance with the City’s Significance Determination Thresholds, the Project’s GHG impact would be significant unless the Project either shows 1) consistency with all applicable General Plan objectives and policies or 2) provides analysis and measures to incorporate into the Project consistent with the GHG Reduction Plan Consistency Checklist. The GHG Reduction Plan Consistency Checklist is provided in Table 4-11. As described in Table 4-11, the Project would be consistent with all applicable strategies and relevant General Plan objectives and policies, and no additional measures would be required. In addition, even though the proposed land use designation is anticipated to produce higher levels of GHG emissions as discussed above, Project-specific design features and measures would significantly reduce GHG emissions. Project-specific GHG emissions are shown in Table 4-8 under criterion a). As shown, Project operations would generate an estimated 224 MTCO2e at build out/first operational year and approximately 197 MTCO2e at year 2030. Further, as discussed under criterion a), the Project would not occur at a scale or INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 100 scope with potential to contribute substantially or cumulatively to the generation of GHG emissions and the impact would be less than significant. Therefore, as evaluated, the Project would not conflict with the City’s GHG Reduction Plan and impacts would be less than significant. 4.8.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 101 Table 4-11 City of Fresno GHG Reduction Plan Consistency Analysis Checklist Item Relevant General Plan Policy Consistent with the General Plan? Explanation Yes No N/A Strategy 1. Land Use and Transportation Demand Management a. Does the project include mixed-use, development? For GHG Reduction Plan consistency, mixed-use development is defined as pedestrian-friendly development that blends two or more residential, commercial, cultural, or institutional, uses, one of which must be residential Policy UF-1-c, LU-3-b, Objective-UF 12, UF-12- a, UF-12-b, UF-12-d, Policy RC-2-a -- -- N/A N/A. The Project proposes a multi- family residential development. A mixed-use development is not proposed or permitted. Therefore, this strategy is not applicable. b. Is the project high density? For GHG Reduction Plan consistency, is the project developed at 12 units per acre or higher? LU-5-f Yes -- -- Consistent. The Project proposes the development of a 64-unit multi-family residential development to occupy one parcel that totals approximately 4.20 net acres. The residential density of the Project would be 15 dwelling units per acre. The Project can thereby be considered high density because it is developed at 12 units per acre or higher. Therefore, the Project is consistent with this strategy. c. Is the project infill development, pursuant to the General Plan definition of location within the City limits as of December 31, 2012? LU-2-a, Objective-12, UF-12-a, UF-12-b, UF- 12-d Yes -- -- Consistent. Per General Plan Objective UF-12, infill development is defined as being within the City of December 31, 2012. According to the City of Fresno GIS Data Viewing Application, the Project site was annexed into the city on December 5, 2006. Therefore, the Project is infill development and is thereby consistent with this strategy. d. Does the project implement pedestrian bicycle, and transit linkages with surrounding land uses and neighborhoods? For GHG Reduction Plan consistency, the project must include all sidewalks, paths, trails, and facilities required by the General Plan and Active Transportation Plan, as implemented through the Policy UF-1-c, UF-12-e, Policy RC-2-a, Objective MT-4,5,6, Policy MT-4- c, Policy MT-6-a, Policy POSS7-h Objective MT 8, Policies MT-8-a, MT- 8-b Yes -- -- Consistent. The Project site is a developed site with two existing drive approaches located on North Armstrong Avenue. North Armstrong Avenue, a two-lane, north-south collector forms the westerly site boundary. East Clinton Avenue, a two -lane, east-west INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 102 Fresno Municipal Code and project conditions of approval. collector, is approximately 350-ft. south of the southern site boundary. Per the Fresno General Plan Circulation Diagram, the design of the roadways should include two to four lanes with a bike lane, sidewalks, on-street parking, and potentially a median. There are no existing pedestrian facilities including sidewalks, trails, or paths adjacent to the Project site. There is an existing Class II, striped and marked bike lane and sidewalk on the east side of North Armstrong Avenue approximately 700 feet north of the site. The Active Transportation Plan (ATP) identifies a planned Class II bike lane and sidewalk adjacent to the Project site on North Armstrong Avenue. There are no existing or planned transit facilities adjacent to or in proximity to the Project site as identified in the General Plan and by the Fresno Area Express. The nearest transit route to the Project site is Route 45, which has five bus stops within a one mile from the site generally located off of Shields Avenue and Fowler Avenue. The Project would result in public street improvements along North Armstrong Avenue including concrete curb, gutter, sidewalk, and paving per City of Fresno Public Works Standards. The Project would be required to submit Public Improvement Plans for the required off- site improvements through the Building Permit process, for review and approval INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 103 by the City to ensure improvements would be consistent with adopted City of Fresno Public Works Standards, Specifications, and the approved street plans. Through compliance, the Project would result in improvements to the roadway network consistent with the goals, objectives, and policies of the General Plan and ATP as implemented through the FMC and conditions of approval. Therefore, the Project would implement pedestrian, bicycle, and transit linkages with surrounding land uses and neighborhoods and would include off- site improvements consistent with the General Plan and ATP, as implemented through the FMC and conditions of approval, and is thereby consistent with this strategy. e. If the project includes mixed-use or high density development, is it located within ½ mile of a High Quality Transit Area as defined in the City’s CEQA Guidelines for Vehicle Miles Traveled? Or, is the project located within 500 feet of an existing or planned transit stop? Policy UF-12-a, UF-12-b, LU-3-b, Objective MT 8, Policies MT-8-a, MT-8-b -- -- N/A Not Applicable. The Project includes high-density development, but the Project site is not located within ½-mile of an existing or planned High Quality Transit Area as defined by the City’s CEQA Guidelines for VMT, nor is the Project located within 500 feet of an existing or planned transit stop. Further, the relevant General Plan policies and objectives are not applicable to the proposed Project as described below. General Plan Policy UF-12-a and UF-12- b are applicable to BRT corridors. The Project site is not in the vicinity of an existing or planned BRT corridor. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 104 Therefore, these policies are not applicable to the proposed Project. General Plan Policy LU-3-b is applicable to the Downtown Planning Area Plans. The Project site is not located within any Downtown Planning Area Plan. Therefore, this policy is not applicable to the proposed Project. General Plan Objective MT-8 pertains to provision of public transit options. The planning, design, and construction of transit facilities is overseen by FAX. The nearest FAX transit route to the Project site is Route 45, which has five bus stops within a one mile from the site generally located off of Shields Avenue and Fowler Avenue. There are no existing or planned transit facilities adjacent to the Project site as identified in the General Plan and by FAX. Therefore, this objective and related policies are not applicable to the proposed Project. Overall, this strategy is not applicable to the proposed Project. f. Will the project accommodate a large employer (over 100 employees) and will it implement trip reduction programs such as increasing transit use, carpooling, vanpooling, bicycling, or other measures to reduce vehicle miles traveled pursuant to San Joaquin Valley Air Pollution Control District Rule 9410? Policy MT-8-b, Objective MT-9, Policy MT-10-c, San Joaquin Valley Air Pollution Control District Rule 9410 -- -- N/A N/A. The Project proposes a multi- family residential development and would not accommodate a large employer. Therefore, this strategy is not applicable. g. If the project includes modifications to the transportation network, do those improvements meet the requirements of the City of Fresno’s Complete Streets Policy, adopted in October 2019? According to the policy, a complete street is a transportation facility MT-1-g, MT-1-h Yes -- -- Consistent. According to the Complete Streets Policy, all development and new construction projects within the public right-of-way shall be planned, designed, constructed, operated, and maintained INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 105 that is planned, designed, operated, and maintained to provide safe mobility for all users - including bicyclists, pedestrians, transit vehicles, trucks, and motorists - appropriate to the function and context of the facility while connecting to a larger transportation network. so that all modes of transportation allow all users to move safely, comfortably, conveniently, and independently. The Project would result in public street improvements along North Armstrong Avenue including concrete curb, gutter, sidewalk, and paving per City of Fresno Public Works Standards. The Project would be required to submit Public Improvement Plans for the required off- site improvements through the Building Permit process, for review and approval by the City to ensure improvements would be consistent with adopted City of Fresno Public Works Standards, Specifications, and the approved street plans. Through compliance, the Project would result in improvements to the roadway network consistent with the City’s Complete Streets Policy. Therefore, the Project is consistent with this strategy. h. Does the project have a less than significant VMT impact, either through satisfying screening criteria or mitigating VMT impacts, pursuant to the City’s adopted VMT thresholds? MT-2-b, MT-2-c Yes -- -- Consistent. A Vehicle Miles Traveled (VMT) Analysis was prepared for the Project by JLB Traffic Engineering, Inc. dated November 18, 2022, and provided in Appendix D. Results are summarized below and incorporated herein (See Section 4.17 for more information). The Project is expected to yield an average of 9.5 VMT per capita which is within the City of Fresno’s VMT threshold of 14.0 VMT per capita for residential land uses. No significant impacts to VMT are associated with the Project. Therefore, the Project is consistent with this strategy. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 106 Strategy 2. Electric Vehicle Strategies a. For new multi-family dwelling units with parking, does the project provide EV charging spaces capable of supporting future EV supply equipment (EV capable) at 10% of the parking spaces per 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.106.4 Policy RC-8-j Yes -- -- Consistent. The Project consists of a multi-family residential development and proposes 124 parking stalls. Of the 124 parking stalls, 13 stalls would be “EV capable” accounting for 10% of the parking spaces in accordance with the 2022 California Green Building Standards Code, Title 24, Part 11. Therefore, the Project would provide EV capable parking spaces at 10% of the parking spaces in accordance with the 2022 California Green Building Standards Code, Title 24, Part 11 and would be consistent with this strategy. b. For new commercial buildings, does project provide EV charging spaces capable of supporting EV capable spaces at 4% to 10% of the parking spaces per 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 5.106.5.3 Policy RC-8-j -- -- N/A N/A. The Project proposes a multi- family residential development. Commercial buildings are not proposed. Therefore, this strategy is not applicable. Strategy 3. Energy Conservation Strategies a. Does the project meet or exceed mandatory state building energy codes? If yes, does the project follow any other GreenPoint ratings such as LEED, Energy Star or others? If yes, indicate level of certification-Silver, gold, platinum if applicable? Policy RC-5-c, Objective RC-8, Policy RC 8-a Yes -- -- Consistent. The Project would exceed all mandatory requirements for multi- family buildings as outlined in the 2022 Energy Code by two to seven percent and verified through the building permit process. The Project would not follow any other GreenPoint ratings. Mandatory requirements apply to building envelopes, ventilation and indoor air quality, space conditioning systems, water heating systems, outdoor and indoor lighting, electric power distribution, covered process for pools, solar ready buildings, and electric ready buildings. Therefore, the Project would meet and exceed mandatory INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 107 state building energy codes and would be consistent with this strategy. b. For commercial projects, does the project achieve net zero emissions electricity? Mark NA if project will be permitted before 2030. Mark Yes if voluntary. Add source and capacity in explanation. Additional Recommended GHG Plan Measure, supports Objective RC-8 -- -- N/A N/A. The Project proposes a multi- family residential development. A commercial project is not proposed. Therefore, this strategy is not applicable. Strategy 4. Water Conservation Strategies a. Does the project meet or exceed the mandatory outdoor water use measures of the 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.304? If the project exceeds CalGreen Code mandatory measures provide methods in excess of requirements in the explanation. Examples include outdoor water conservation measures such as; drought tolerant landscaping plants, compliant irrigation systems, xeriscape, replacing turf etc. Provide the conservation measure that the project will include in the explanation. Objective RC-7, Policy RC-7-a, RC-7-h Yes -- -- Consistent. The Project would be built in accordance with all mandatory outdoor water use requirements as outlined in the 2022 California Green Building Standards Code, Title 24, Part 11, Section 4.304 – Outdoor Water Use and verified through the building permit process. As a residential development that contains landscaping, the Project shall comply with the updated Model Water Efficient Landscape Ordinance (MWELO) (California Code of Regulations, Title 23, Chapter 2.7, Division 2), as implemented and enforced through the building permit process. As proposed, the Project exceeds the MWELO requirements by eight percent as achieved through the use of drought tolerant plant material and the installation of low water use irrigation (i.e., drop irrigation). Compliance with MWELO would ensure water efficiency. Therefore, the Project would meet mandatory outdoor water use measures of the 2022 California Green Building Standards Code and would be consistent with this strategy. b. Does the project meet or exceed the mandatory indoor water use measures of the 2019 California Green Building Standards Code (CALGREEN, Title 24, Objective RC-7, Policy RC-7-a, RC-7-e Yes -- -- Consistent. The Project would be built in accordance with all mandatory indoor water use requirements as outlined in INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 108 Part 11), Section 4.303? If the project exceeds CalGreen Code, mandatory measures provide methods in excess of requirements in the explanation. Examples may include water conserving devices and systems such as water leak detection system, hot water pipe insulation, pressure reducing valves, energy efficient appliances such as Energy Star Certified dishwashers, washing machines, dual flush toilets, point of use and/or tankless water heaters. the 2022 California Green Building Standards Code, Title 24, Part 11, Section 4.303 – Indoor Water Use and verified through the building permit process. As a residential development that contains plumbing fixtures and fittings, the Project shall comply with water-conserving measures for water closets, urinals, showerheads, and faucets. The Project proposes the use of low-flow plumbing fixtures with flow rates that comply with requirements. In addition, as a multi-family residential development, the Project would be required to install submeters to measure water usage of individual units in accordance with the California Plumbing Code. Compliance with these requirements would ensure water efficiency. Therefore, the Project would meet mandatory indoor water use measures of the 2022 California Green Building Standards Code and would be consistent with this strategy. Strategy 5. Waste Diversion and Recycling Strategies a. Does the project implement techniques of solid waste segregation, disposal and reduction, such as recycling, composting, waste to energy technology, and/or waste separation, to reduce the volume of solid wastes that must be sent to landfill facilities? Policy PU-9-a, RC-11-a Consistent. Assembly Bill (AB) 939 requires each jurisdiction in California to divert at least 50% of its waste stream away from landfills either through waste reduction, recycling, or other means. Further, recycling services for multi- family residential developments are mandatory in compliance with AB 341, the State’s mandatory commercial and multi-family recycling law. Compliance would be ensured through the building permit process. In addition, the site has been designed to accommodate INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 109 appropriate trash and recycling containers as required by the City. Therefore, the Project would be required to implement techniques of solid waste segregation, disposal, and reduction and would be consistent with this strategy. b. During construction will the project recycle construction and demolition waste? Policy RC-11-a Yes -- -- Consistent. CALGreen mandates locally permitted new residential building construction and demolition to recycle and/or salvage for reuse a minimum 65% of the nonhazardous construction and demolition debris generated during the Project. Further, the recycling of construction and demolition materials is required for any City-issued building or demolition permit that generates at least eight cubic yards of material by volume. Therefore, the Project would be required to implement techniques to reduce and recycle waste during construction activities in accordance with mandatory requirements under CALGreen as implemented through the building permit process. Compliance would be ensured through the building permit process. Therefore, the Project would recycle construction and demolition waste and would be consistent with this strategy. c. Does the project provide recycling canisters in public areas where trashcans are also provided? Policy RC-11-a Yes -- -- Consistent. Waste generated by multi- family developments of five or more units is considered “commercial solid waste” and is subject to compliance with AB 827 – Customer Access to Recycling. AB 827 requires recycling and organics recycling containers at the “front-of-house” to collect waste INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 110 generated. These containers are required to be placed adjacent to trash containers and be visible, easily accessible, and clearly marked. Therefore, the Project would be required to provide recycling canisters in public areas where trashcans are also provided in accordance with mandatory requirements under AB 827. Compliance would be ensured through the building permit process. In addition, the site has been designed to accommodate appropriate trash and recycling containers as required by the City. Therefore, the Project would be consistent with this strategy. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 111 4.9 HAZARDOUS AND HAZARDOUS MATERIAL Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? X 4.9.1 Environmental Setting For the purposes of this section, the term “hazardous materials” refers to "injurious substances," which include flammable liquids and gases, poisons, corrosives, explosives, oxidizers, radioactive materials, and medical supplies INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 112 and waste. These materials are either generated or used by various commercial and industrial activities. Hazardous wastes are injurious substances that have been or will be disposed. Potential hazards arise from the transport of hazardous materials, including leakage and accidents involving transporting vehicles. There also are hazards associated with the use and storage of these materials and wastes. Hazardous materials are grouped into the following four categories based on their properties: • Toxic: causes human health effect • Ignitable: has the ability to burn • Corrosive: causes severe burns or damage to materials • Reactive: causes explosions or generates toxic gases “Hazardous wastes” are defined in California Health and Safety Code Section 25141(b) as wastes that: “…because of their quantity, concentration, or physical, chemical, or infectious characteristics, [may either] cause or significantly contribute to an increase in mortality or an increase in serious illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.” A hazardous waste is any hazardous material that is discarded, abandoned, or slated to be recycled. If improperly handled, hazardous materials and hazardous waste can result in public health hazards if released into the soil or groundwater or through airborne releases in vapors, fumes, or dust. Soil and groundwater having concentrations of hazardous constituents higher than specific regulatory levels must be handled and disposed of as hazardous waste when excavated or pumped from an aquifer. The California Code of Regulations, Title 22, Sections 66261.20‐24 contains technical descriptions of toxic characteristics that could cause soil or groundwater to be classified as hazardous waste. Hazardous waste generators may include industries, businesses, public and private institutions, and households. Federal, state, and local agencies maintain comprehensive databases that identify the location of facilities us ing large quantities of hazardous materials, as well as facilities generating hazardous waste. Some of these facilities use certain classes of hazardous materials that require risk management plans to protect surrounding land uses. The release of hazardous materials would be subject to existing federal, State, and local regulations and is similar to the transport, use, and disposal of hazard materials. Regulatory Setting The California Environmental Protection Agency (CalEPA) was established in 1991 to protect the environment. CalEPA oversees the Unified Program through Certified Unified Program Agencies (CUPAs), which consolidates six (6) environmental programs to ensure the handling of hazardous waste and materials in California. The local CUPA in Fresno County, HazMat Compliance Program, oversees the following six (6) state-mandated CUPA programs: 29 • Hazardous Materials Business Plan (HMBP) • California Accidental Release Program (CalARP) • Underground Storage Tank Program (UST) • Aboveground Storage Tank Program (APSA) 29 County of Fresno. HazMat Compliance: The Designated CUPA. Accessed on December 12, 2022, https://www.co.fresno.ca.us/departments/public-health/environmental-health/hazardous-materials-certified-unified- program-agency-cupa INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 113 • Hazardous Waste Generator Program • Tiered Permitting Program The Department of Toxic Substances Control (DTSC) is another agency in California that regulates hazardous waste, conducts inspections, provide emergency response for hazard ous materials-related emergencies, protect water resources from contamination, removing wastes, etc. DTSC acts under the authority of Resource Conservation and Recovery Act (RCRA) and California Health and Safety Code. The DTSC implements California Code of Regulations (CCR) Title 22 Division 4.5 to manage hazardous waste. Government Code Section 65962.5 requires that DTSC shall compile and update at least annually a list of: (1) All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code (“HSC”). (2) All land designated as hazardous waste property or border zone property pursuant to Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code. (3) All information received by the Department of Toxic Substances Control pursuant to Section 25242 of the Health and Safety Code on hazardous waste disposals on public land. (4) All sites listed pursuant to Section 25356 of the Health and Safety Code. (5) All sites included in the Abandoned Site Assessment Program. This list of hazardous waste sites in California, referred to as the Cortese List, is then distributed to each city and county. According to the CCR Title 22, soils excavated from a site containing haza rdous materials is considered hazardous waste, and remediation actions should be performed accordingly. Cleanup requirements are determined case-by-case by the jurisdiction. Record Search The United States Environmental Protection Agency (EPA) Superfund National Priorities List (NPL)30 , California Department of Toxic Substance Control’s EnviroStor database28F 31, and the State Water Resources Control Board’s GeoTracker database29F 32 include hazardous release and contamination sites. A search of each database was conducted on December 12, 2022. The searches revealed no hazardous material release sites on the Project site or within the vicinity of the Project (i.e., 0.5-mile radius of the Project site). Fresno County Airport Land Use Compatibility Plan The nearest public or public use airport is the Fresno Yosemite International Airport approximately 1.5 miles west of the Project site. Fresno Yosemite International Airport is owned and operated by the City of Fresno and has two 30 United States Environmental Protection Agency. Superfund National Priorities List. Accessed December 12, 2022 https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=33cebcdfdd1b4c3a8b51d416956c41f1 31 California Department of Toxic Substances Control. Envirostor. Accessed December 12, 2022, https://www.envirostor.dtsc.ca.gov/public/ 32 California State Water Resources Control Board. GeoTracker. Accessed December 12, 2022, https://geotracker.waterboards.ca.gov/ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 114 (2) Large Air Carrier Runways that are 9,539 feet long and 8,008 feet long. The Federal Aviation Administration (FAA)-approved Airport Layout Plan (ALP) identifies extending the length of both runways. 33 According to the Fresno County Airport Land Use Compatibility Plan (ALUCP), the Project site is located within the Traffic Pattern Zone (TPZ) of the Airport Influence Area (AIA) of the Fresno Yosemite International Airport. The ALUCP has set “safety zone land use compatibility standards” that restrict the development of land uses that could pose hazards to the public or to vulnerable populations in case of an aircraft accident, as shown in Table 4-12. Table 4-12 Safety Zone Land Use Compatibility Standards Zone 6 – Traffic Pattern Zone (TPZ) Dwelling Units per Acre No Limit Maximum Non-Residential Intensity 300 persons per acre No limit in areas designated as Urban on Exhibit D1, Fresno Yosemite International Airport. (not applicable to Project) Required Open Land 10% Prohibited Uses • Hazards to flight (i.e., physical (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 that may cause the attraction of birds to increase is also prohibited). • Outdoor stadiums and similar uses with very high intensity uses Other Development Conditions • Airport disclosure notice required • Airspace review required for objects >100 feet tall • New structures are prohibited on existing terrain that penetrates 14 CFR Part 77 surfaces • New structures require additional airspace analysis required within the 50-foot terrain penetration buffer Fresno General Plan The General Plan include objectives and policies relevant to hazards and hazardous materials in its Noise and Safety Element: Objective NS-4 Minimize the risk of loss of life, injury, serious illness, and damage to property resulting from the use, transport, treatment, and disposal of hazardous materials and hazardous wastes. NS-4-a Processing and Storage. Require safe processing and storage of hazardous materials, consistent with the California Building Code and the Uniform Fire Code, as adopted by the City. NS-4-b Coordination. Maintain a close liaison with the Fresno County Environmental Health Department, Cal-EPA Division of Toxics, and the State Office of Emergency Services to assist in developing and maintaining hazardous material business plans, inventory statements, risk management prevention plans, and contingency/emergency response action plans. 33 Fresno Council of Governments. Airport Land Use Commission of Fresno County. Accessed on December 12, 2022, https://www.fresnocog.org/project/airport-land-use-commission-fresno-county/ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 115 NS-4-c Soil and Groundwater Contamination Reports. Require an investigation of potential soil or groundwater contamination whenever justified by past site uses. Require appropriate mitigation as a condition of project approval in the event soil or groundwater contamination is identified or could be encountered during site development. NS-4-e Compliance with County Program. Require that the production, use, storage, disposal, and transport of hazardous materials conform to the standards and procedures established by the County Division of Environmental Health. Require compliance with the County’s Hazardous Waste Generator Program, including the submittal and implementation of a Hazardous Materials Business Plan, when applicable. NS-4-f Hazardous Materials Facilities. Require facilities that handle hazardous materials or hazardous wastes to be designed, constructed, and operated in accordance with applicable hazardous materials and waste management laws and regulations. NS-4-h Household Collection. Continue to support and assist with Fresno County’s special household hazardous waste collection activities, to reduce the amount of this material being improperly discarded. 4.9.2 Impact Assessment Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant Impact. The Project proposes a residential development. The type of hazardous materials that would be associated with Project operations are those typical of residential uses such as cleaning supplies and HVAC equipment. Because of the proposed residential use, it is not expected that the Project would routinely transport, use, or dispose of hazardous materials other than those typical of residential uses and such materials would not be of the type of quantity that would pose a significant hazard to the public. Some appliances and electronics used or stored by residents may contain hazardous components (e.g., refrigerants, oils, etc.); however, these hazardous components are regulated by the EPA under the Toxic Substances Control Act and Clean Air Act and transport of such components are regulated by the U.S. Department of Transportation, Office of Hazardous Materials Safety as implemented in California by Title 13 of the California Code of Regulations (CCR), California Building Code, and Uniform Fire Code, as adopted by the City (General Plan Policy NS-4-a). Through compliance with regulations, appliances and electronics associated with the Project are not expected to create a significant hazard to the public or the environment. In addition, the Project is subject to review by the Fresno County Department of Public Health. The Department of Public Health has reviewed and conditioned the Project to meet requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95 of the CCR, Title 22, Division 4.5 in the case that future residents use and/or stores hazardous materials and/or hazardous wastes. If future residents use and/or store hazardous materials and/or hazardous wastes as defined in the statute, then they shall submit a Hazardous Materials Business Plan (HMBP) pursuant to HSC Division 20, Chapter 6.95, Section 25507, and maintain the HMBP with the County, Cal-EPA Division of Toxics, and State Office of Emergency Services (General Plan Policy NS-4-b). Submittal of and maintained compliance with the HMBP as approved by the County would reduce any impacts to less than significant. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 116 Potential impacts during construction of the Project could result from the use of fuels and lubricants for construction equipment. However, these impacts would be short-term and temporary, and would be reduced to less than significant levels through compliance with local, state, and federal regulations including but not limited to compliance with EPA’s oil spills prevention and preparedness regulations, California Office of Emergency Services implementation of hazardous materials accident prevention, and California Department of Toxic Substance Control permitting, and regulations as administered by Fresno County, in addition to standard equipment operating practices as indicated in operator manuals. Therefore, the Project would have a less than significant impact. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. As described under criterion a), it is not anticipated that the Project itself would involve any operations that would require routine transport, use, or disposal of hazardous materials and therefore is not anticipated to create a significant hazard to the public or the environment through release of hazardous materials, including any reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Submittal of and compliance with the HMBP would ensure that the production, use, storage, disposal, and transport of hazardous materials continue to conform to the standards and procedures established by the County (General Plan Policy NS-4-2). While potential impacts would occur through construction-related transport and disposal of hazardous materials, such impacts would be short-term and temporary, and would be reduced to less than significant levels through compliance with local, state, and federal regulations in addition to standard equipment operating practices as described under criterion a). Therefore, the Project would have a less than significant impact. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. There are no proposed schools within one-quarter mile of the subject site. The nearest existing school is Virginia R. Boris Elementary School, which is approximately ± 0.5 miles southeast of the site. As described under criteria a) and b), the Project is not anticipated to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials and would not create upset and accident conditions involving the release of hazardous materials into the environment. Therefore, no impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. According to EnviroStor and GeoTracker, the Project is not located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Therefore, the Project would not create a significant hazard to the public of the environment and there would be no impact. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less than Significant Impact. The Project site is located within the TPZ of the Fresno Yosemite International Airport AIA. Because it is within the AIA, the Project was reviewed by the City of Fresno Planning staff to determine land use compatibility and received a finding of consistency with the ALUCP and General Plan. Therefore, through INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 117 compliance with the ALUCP and General Plan, the Project would not result in a safety hazard for people residing or working in the area and impacts would be less than significant. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact. The Project would not involve any new or altered infrastructure associated with evacuation, emergency response, and emergency access routes within the City or County of Fresno. Construction may require lane closure; however, these activities would be short-term and access through North Armstrong Avenue would be maintained through standard traffic control. Following construction, this roadway would continue to provide access to the site. Furthermore, the Project would be subject to compliance with applicable standards for on-site emergency access including turn radii and fire access. Therefore, through the development review process and General Plan compliance, the Project would not impair implementation of or physically inte rfere with an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Less than Significant Impact. According to the Fresno General Plan, wildfire threats to Fresno are minimal because the city is largely urbanized or working agricultural land and lacks steep topographies. Although the city is proximate to high and very high fire hazard designated area, the urbanized area is categorized as little or no threat or moderate fire hazard which is attributed to its paved areas. Furthermore, the Project site is not identified by the California Department of Forestry and Fire Protection (Cal Fire) as a Very High Fire Hazard Severity Zone (VHFHSZ) within the Local Responsibility Area.34 In addition, the Project proposes a construction of a structures that would be occupied by humans; as such, the structure shall be constructed in adherence to the Wildland Urban Interface Codes and Standards of the California Building Code Chapter 7A. Compliance with such regulations would ensure that the Project meets standards to help prevent loss, injury, or death involving wildland fires. Impacts would be less than significant. 4.9.3 Mitigation Measures None required. 34 California Department of Forestry and Fire Protection. FHSZ Viewer. Accessed on February 21, 2023, https://egis.fire.ca.gov/FHSZ/. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 118 4.10 HYDROLOGY AND WATER QUALITY Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? X b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: X i. Result in a substantial erosion or siltation on- or off-site; X ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site: X iii. 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; or X iv. Impede or redirect flood flows? X d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 119 4.10.1 Environmental Setting The Project site is within city limits and thus, will be required to connect to water and stormwater services. The City and responsible agencies have reviewed the Project to determine adequate capacity in these systems and ensure compliance with applicable connection and discharge requirements. Overall, the review of the Project by the City and responsible agencies indicates that the Project would not require or result in the relocation or construction of new or expanded facilities that would otherwise cause significant impacts to existing systems. Water The City of Fresno Water Division manages and operates the City of Fresno’s water system. The City’s water system consists of about 1,880 miles of distribution and transmission mains, 271 municipal groundwater wells, three surface water treatment plants, five water storage facilities with pump stations, and three booster pump stations. The water system covers approximately 115 square miles and serves a population of about 550,200. Fresno meets its demand for domestic water from a combination of groundwater, treated surface water, and reclaimed water sources. Groundwater is accessed from the Kings River Sub -basin of the San Joaquin Valley Groundwater Basin, while surface water from the Central Valley Project on the San Joaquin River and Fresno Irrigation District on the Kings River, which are treated at the Northeast Surface Water Treatment Facility, the Southeast Surface Water Treatment Facility, and T-3 Water Storage and Surface Water Treatment Facility. Surface water is also used to replenish the groundwater aquifer through Fresno’s recharge program at the City-owned Leaky Acres, Nielsen Recharge Facility, and a cooperative agreement with the Fresno Metropolitan Flood Control District (FMFCD) to utilize over 70 ponding basins across the city. Stormwater The Fresno Metropolitan Flood Control District (FMFCD) manages stormwater runoff in Fresno. The major elements of the FMFCD’s flood control system include dams, reservoirs, and detention basins. The FMFCD is responsible for reviewing development proposals to assess drainage and flood control impacts and needs, in addition to determining applicable requirements and modifications needed in order to implement the Storm Drainage and Flood Control Master Plan. 4.10.2 Impact Assessment Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less than Significant Impact. Because the site is greater than one-acre in size, the Applicant is required to prepare a SWPPP in compliance with the NPDES stormwater program. The SWPPP estimates the sediment risk associated with construction activities and includes BMPs to control erosion. BMPs specific to erosion control cover erosion, sediment, tracking, and waste management controls. Implementation of the SWPPP minimizes the potential for the Project to result in substantial soil erosion or loss of topsoil and impacts would be less than significant. The City of Fresno is under the jurisdiction of the California Regional Water Quality Control Board (RWQCB) Central Valley NPDES Permit and Waste Discharge Requirements General Permit for Discharges from Municipal Separate Storm Sewer Systems (MS4), Order Number R5-2016-0040-014, NPDES Number CA S0085324 (“MS4 Permit”). The INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 120 MS4 Permit requires compliance with stormwater quality controls as identified in the Fresno Clovis Storm Water Quality Management Construction and Post-Construction Guidelines. Compliance would reduce the potential for discharge of pollutants in violation of water quality standards or waste discharge requirements and impacts would be less than significant. Stormwater infiltration has the potential to affect groundwater quality whereby rainfall and stormwater runoff flow into and through the subsurface soil. A majority of the Project site would be of impervious surface. Runoff from the site would be collected and diverted to the storm drainage system through existing drainage services. Further, runoff resulting from the Project would be managed by the FMF CD in compliance with the Storm Drainage and Flood Control Master Plan in addition to approved grading and drainage plans. Therefore, potential for stormwater infiltration reaching subsurface soils and impacting groundwater quality is limited and impacts would be less than significant. Overall, compliance with the SWPPP, MS4 Permit, FMFCD regulations, and approved grading and drainage plans would minimize the potential for the Project to violate any water or waste discharge requirements or otherwise substantially degrade surface or ground water quality and impacts would be less than significant. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less than Significant Impact. The City’s long-term water resource planning for existing and future demand is addressed in the City’s 2020 Urban Water Management Plan (UWMP).35 According to the UWMP, water demand in the city has decreased over the past two (2) decades and is expected to grow at a slower rate than the anticipated population growth. This trend is captured by the daily per capita water use, measured as gallons per capita per day (GPCD). For 2020, water use averaged 198 GPCD based on 121,993 acre-feet (AF) of water production. Of note, this GPCD is below the 2020 daily per capita water use target of 247 GPCD, which the UWMP attributes to conservation efforts implemented by the City. According to the UWMP, the City’s per capita water usage is projected to continue to decline through 2045 due to more water efficiency in future construction and passive conservation pursuant to requirements of the California Plumbing Code (e.g., use of higher efficiency appliances, water efficient landscaping, etc.). Projected water use for residential uses is included in Table 4-13. Residential water use accounts for approximately 14 percent of potable water use citywide. Table 4-13 Projected Potable Water Demand by Sector, 2025 – 2045 Water Use by Volume (AF) Use Type 2025 2030 2035 2040 2045 Single-Family 76,255 80,429 82,934 85,437 87,936 Multi-Family 19,000 20,654 21,737 22,831 23,935 Source: City of Fresno, Urban Water Management Plan, 2020 35 City of Fresno (2021). 2020 Urban Water Management Plan. Accessed February 24, 2023, https://www.fresno.gov/publicutilities/wp-content/uploads/sites/16/2021/06/Fresno-2020-UWMP_Public-Draft_2021-06- 29.pdf INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 121 As mentioned above, the City of Fresno Water Division manages and operates the City of Fresno’s water system. Fresno meets its demand for domestic water from a combination of groundwater, treated surface water, and reclaimed water sources. Groundwater is accessed from the Kings River Sub-basin of the San Joaquin Valley Groundwater Basin in addition to the three surface water treatment facilities, which provide half of all potable water demands in the City’s service area. Surface water is used to replace los t groundwater through Fresno’s recharge program at the City-owned Leaky Acres, Nielsen Recharge Facility, and smaller facilities in southeast Fresno. According to the UWMP, the Project site is located in the Booster Station 4 Pressure Zone with two active City wells located north and south of the Project site on North Armstrong Avenue. There is also an existing 16-inch water main located in North Armstrong Avenue in addition to an existing 1.5-inch water service (inactive) at the property. The Project has been reviewed by the City and is required to connect to the available water facilities and install water meter box(es) for service. A Water Capacity Fee charge for the installation of new water services and meters to serve the property would be assessed based on projected water demand. Potable water demands for the Project were estimated using land -use-based unit water demand factors last updated for the City in 2018. The Project site has an existing General Plan land use designation of Residential – Low Density and proposes a GPA to the Residential – Medium High Density land use designation. According to the land- use-based unit water demand factors for the City, the two land use designations have an annual average (ac- ft/yr/acre) of 2.0 and 3.10, respectively. Table 4-14 summarizes the total water demands to be expected. As shown, the existing land use would utilize approximately 8.4-acre feet per year (AFY) compared to an estimated 13.02 AFY under the proposed use. Development of the Project site would account for a less than one percent increase above the City’s 2020 water demand of 121,993 AFY.36 In addition, the minimal increase in demand would not exceed available groundwater supplies during a normal year water supply estimate of 136,504 AFY potable demand. Therefore, the Project would be accommodated by existing groundwater supplies and impacts would be less than significant. Table 4-14 Summary of Total Water Demands by Land Use Land Use Area (ac) Annual Average (Ac-Ft/Yr/Acre) Annual Average (AFY) Residential – Low Density 4.2 2.0 8.4 Residential – Medium High Density 4.2 3.10 13.02 Source: City of Fresno, 2018 Water Demand Factors by Land Use Classification Furthermore, adherence to connection requirements and recommendations pursuant to the City’s water conservation efforts (e.g., compliance with California Plumbing Code, eff icient appliances, efficient landscaping, etc.) should not negatively impact water supply or impede water management. In particular, the Project would be built accordance with all mandatory outdoor water use requirements as outlined in the applicable California Green Building Standards Code, Title 24, Part 11, Section 4.304 – Outdoor Water Use and verified through the building permit process. As a multi-family residential development that would contain landscaping pursuant to FMC regulations, the Project shall comply with the updated Model Water Efficient Landscape Ordinance (MWELO) 36 City of Fresno (2021). 2020 Urban Water Management Plan. Accessed February 24, 2023, https://www.fresno.gov/publicutilities/wp-content/uploads/sites/16/2021/06/Fresno-2020-UWMP_Public-Draft_2021-06- 29.pdf INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 122 (California Code of Regulations, Title 23, Chapter 2.7, Division 2), as implemented and enforced through the building permit process. Therefore, through compliance, the potential for the Project to substantially decrease groundwater supplies is limited and impacts would be less than significant. In addition, development of the Project site would increase impervious surfaces which could increase stormwater runoff and reduce groundwater recharge. According to FMFCD, rainfall and stormwater runoff in the Fresno area is collected and conveyed through a network of pipelines to 155 stormwater basins where it slowly percolates through the soil to the groundwater aquifer. Runoff from the site would be collected and stored in the proposed onsite basin in compliance with FMFCD’s Storm Drainage and Flood Control Master Plan in addition to approved grading and drainage plans. Therefore, potential for the Project to interfere substantially with groundwater recharge such that the Project would impede sustainable groundwater management of the basin is limited and impacts would be less than significant. Overall, based on the information collected from the UWMP and the City of Fresno, the proposed Project would not generate significantly greater water demand than would otherwise occur with a higher intensity land use. As a result, it can be presumed that the existing and planned water distribution system and supplies should be adequate to serve the Project, and the Project would thereby not decrease groundwater supplies, interfere substantially with groundwater recharge, or impede sustainable groundwater management of the basin. In addition, adherence to connection requirements and recommendations pursuant to the City’s water supply planning efforts (i.e., compliance with California Plumbing Code, efficient appliances, efficient landscaping, etc.) should not negatively impact the City’s water provision. For these reasons, a less than significant impact would occur as a result of the Project. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: d) Result in substantial erosion or siltation on- or off-site? Less than Significant Impact. Erosion is a natural process in which soil is moved from place to place by wind or from flowing water. The effects of erosion within the Project Area c an be accelerated by ground-disturbing activities associated with development. Siltation is the settling of sediment to the bed of a stream or lake which increases the turbidity of water. Turbid water can have harmful effects to aquatic life by clogging fish gills, reducing spawning habitat, and suppress aquatic vegetation growth. Implementation of the proposed Project would result in the redevelopment of developed urban land that has undergone significant disturbance. Bare soils, common within agricultural land, are more susceptible to erosion than an already developed urban land, thus it is not expected that erosion could occur on-site. Further, during construction activities, and in compliance with the Project’s SWPPP, construction -related erosion controls and BMPs would be implemented to reduce potential impacts related to erosion and siltation. These BMPs would include, but are not limited to, covering and/or binding soil surfaces to prevent soil from being detached and transported by water or wind, and the use of barriers such as straw bales and sandbags to control sediment. Together, the controls and BMPs are intended to limit soil transportation and erosion and construction impacts related to on- or off-site. Soil erosion and loss of topsoil can be caused by natural factors, such as wind and flowing water, and human activity. The Project site is relatively flat and mostly paved, which limits the potential for substantial soil erosion. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 123 Implementation of the proposed Project would require typical site preparation activities such as grading and trenching which may result in the potential for short-term soil disturbance or erosion impacts. Soil disturbance during construction is largely caused by the use of water. Excessive soil erosion could cause damage to existing structures and roadways. During construction activities, and in compliance with the Project’s SWPPP, construction- related erosion controls and BMPs would be implemented to reduce potential impacts relate d to erosion and siltation. These BMPs would include, but are not limited to, covering and/or binding soil surfaces to prevent soil from being detached and transported by water or wind, and the use of barriers such as straw bales and sandbags to control sediment. Together, the controls and BMPs are intended to limit soil transportation and erosion. Development of the site would also result in an increase in the amount of impervious surface, which could increase the volume of runoff. However, the impervious surface area would significantly reduce the amount of exposed soil which would minimize the potential for erosion and siltation. In addition, the Project would be required to maintain the overall site drainage pattern and direct runoff to the proposed onsite drainage system in compliance with the Storm Drainage and Flood Control Master Plan and approved grading and drainage plans. Therefore, compliance with requirements would reduce or eliminate the Project’s potential to substantially alter the existing drainage pattern of the site as to cause substantial erosion or siltation and impacts would be less than significant. e) Substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? Less than Significant Impact. During construction, the site’s vegetation and soil would be disturbed, thereby temporarily altering the natural hydrology of the site. In turn, this could increase the volume and velocity of stormwater runoff which could increase the potential for flooding on - or off-site. As previously discussed, development of the site would require compliance with the SWPPP, MS4, and implementation of BMPs that would control and direct runoff. Compliance would ensure that construction impacts related to the alteration of the site’s natural hydrology and the potential increase in runoff that would result in flooding on- or off-site would be less than significant. While the development of the site would permanently increase the impervious surface area, the Project would be required to maintain the overall site drainage pattern and direct runoff to the onsite drainage system. In FMFCD’s review of the Project for compliance with the Storm Drainage and Flood Control Master Plan, temporary facilities are recommended until permanent drainage service is available. Prior to the issuance of building permits, the Applicant would be required to submit grading and drainage plans for review and approval by the City and FMFCD, in addition to payment of required drainage fees. Review and approval of these plans and payment of drainage fees would ensure that the site drainage pattern is maintained, facilities conform to City and FMFCD requirements, and the stormwater system would be capable of receiving and conveying runoff from the site. Compliance with the Storm Drainage and Flood Control Master Plan would ensure that operational impacts related to the site’s drainage pattern and the potential increase in runoff that would result in flooding on- of off-site would be less than significant. f) 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? Less than Significant Impact. Development of the site would disturb the site’s vegetation and soil and temporarily alter the natural hydrology of the site. However, compliance with the MS4 permit and implementation of the INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 124 SWPPP would reduce construction impacts related to alteration of the site’s natural hydrology and the potential increase in runoff or polluted runoff in excess of existing or planned stormwa ter drainage systems. Therefore, construction would not result in the creation or contribution of additional sources of runoff or polluted runoff in exceedance of the existing or planned stormwater drainage systems and impacts would be less than significant. In regard to operational impacts, development of the site would result in an increase in the impervious surface area which would increase runoff from the site. However, compliance with the Storm Drainage and Flood Control Master Plan, approved grading and drainage plans, and stormwater quality controls as identified in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines under the MS4 permit would reduce the potential for the Project to cause substantial additional polluted runoff or runoff in excess of existing or planned stormwater drainage systems. A less than significant impact would occur. g) Impede or redirect flood flows? Less than Significant Impact. Although the construction of the proposed Project would increase impervious surfaces, the Project would be required to maintain the site’s drainage pattern through Project-specific grading and drainage plans that would be reviewed and approved by the City and FMFCD prior to the issuance of building permits. The site would also be required to utilize onsite drainage services as previously described. Through compliance, the potential for the Project to impede or redirect flood flows would be minimized or eliminated and a less than significant impact would occur. h) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less than Significant Impact. The Project site is not in a flood hazard, tsunami, or seiche zone (i.e., standing waves on river, reservoirs, ponds, and lakes); there are no oceans, rivers, reservoirs, ponds, or lakes on or within the site and its vicinity. The Project site is designated as Zone X on the most recent FEMA Flood Insurance Rate Map (FIRM) No. 06019C1595H dated 2/18/2009. 37 Zone X is an area of minimal flood hazards with a 0.2 percent-annual-chance of flood (i.e., 500-year flood). In addition, the Project area as well as the City of Fresno has historically been subject to low to moderate ground shaking and has a relatively low probability of shaking. As such, seiches are unlikely to form due to the low seismic energy produced in the area. Therefore, as a low-risk area, a less than significant impact as it relates to the risk release of pollutants due to project inundations would occur because of the Project. i) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less than Significant Impact. A groundwater sustainability plan was adopted for the Kings Groundwater Sub-basin on November 21, 2019, by the North Kings Groundwater Sustainability Agency, of which the City of Fresno is a member.38 The proposed Project is required to comply with the adopted plan (North Kings Groundwater) to meet the 2040 sustainability deadline for the basin. As mentioned above, surface water will largely be the source of supply in wet hydrologic periods, groundwater will be used in a managed manner in normal hydrologic periods and relied upon more in very dry periods. Through 30 years of diligent water resource planning and construction of surface water treatment facilities, inclusive of the Southeast Surface water Treatment Facility (which is a project 37 FEMA. FEMA Flood Map Service Center. Accessed December 12, 2022, https://msc.fema.gov/portal/home 38 North Kings Groundwater Sustainability Agency (2020). Groundwater Sustainability Plan. Accessed December 9, 2022, https://northkingsgsa.org/groundwater-sustainability-plan/ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 125 within the sustainability plan), the City has largely attained the balanced use of groundwater supplies well ahead of the legislative requirement of 2040, thus making the City compliant with the North Kings Groundwate r Sustainability Plan goals. In addition, the Project would be required to comply with the MS4 permit requirements, implement a SWPPP, and adhere to FMFCD requirements related to drainage control. Through compliance, the Project would not cause the degradation of water quality and would therefore not conflict with or obstruct the implementation of a water quality control plan or sustainable groundwater management plan. Therefore , a less than significant impact would occur because of the Project. 4.10.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 126 4.11 LAND USE PLANNING Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Physically divide an established community? X b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? X 4.11.1 Environmental Setting The Project site is within the city limits of Fresno and is planned and zoned for residential development. 4.11.2 Impact Assessment Would the project: a) Physically divide an established community? Less than Significant Impact. Typically, physical division of an established community would occur if a project introduced new incompatible uses inconsistent with the planned or existing land uses or created a physical barrier that impeded access within the community. Typical examples of physical barriers include the introduction of new, intersecting roadways, roadway closures, and construction of new major utility infrastructure (e.g., transmission lines, storm channels, etc.). Surrounding Land Uses The site is surrounded by existing residential uses (north, east, south, and west), a basin (east), and vacant land (south and west). Surrounding properties are all planned and zoned for residential uses. Proposed site improvements would be regulated by development standards and zoning regulations, including height, landscaping, setbacks, improvements, right-of-way dedications, open space, and parking, etc. As such, the Project would be consistent and therefore compatible with the existing uses surrounding the Project site. Therefore, implementation of the Project would be generally consistent with the existing and planned land uses within the Project area. Circulation System No new streets are proposed that would result in a physical barrier. North Armstrong Avenue, a two-lane north- south collector forms the westerly site boundary. East Clinton Avenue, a two-lane collector, is approximately 350- ft. south of the southern site boundary. Street frontage improvements including curb, gutter, street trees, overhead utilities, and drive approach are located on North Armstrong Avenue. The Project would continue to be served by the existing circulation system and related infrastructure. The Project does not propose construction of new roadways. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 127 Utility Infrastructure No new major utility infrastructure is proposed that would result in a physical barrier. The Project site is within city limits and thus would be required to connect to water, wastewater, and stormwater services. Natural gas, electricity, telecommunications, and solid waste services are provided by private companies (e.g., PG&E, Mid Valley Disposal). Utility systems are described and analyzed in Section 4.10 and Section 4.15. Based on the analysis, implementation of the Project would not result in the construction of new, major utility infrastructure. As such, the Project does not represent a significant change in the surrounding area as it would develop a site planned and zoned for residential uses with residential uses that are consistent and compatible with existing uses surrounding the Project site. In addition, the Project does not include new roadways or major utility infrastructure. Therefore, the Project would not result in the physical divide of an established community and a less than significant impact would occur. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. The Project proposes a 64-unit multi-family residential development that would be consistent with the proposed land use designation and zone district. Table 4-15 provides a comparison of the Project’s characteristics with all applicable policies included in the General Plan as they relate to land use issues. As discussed below, the proposed Project is generally consistent with the General Plan. Table 4-15 Discussion on Land Use Policies in the General Plan General Plan Policy Project Consistency Policy LU-2-e Neighborhood Preservation. Incorporate standards in the Development Code to preserve the existing residential quality of established neighborhoods. Consistent. Through the entitlement review and approval process, the Project has been reviewed and conditioned by the City to comply with all applicable regulations and standards within the FMC specific to preserving existing residential quality of established neighborhoods. Since the Project proposes development of an RM district site abutting an RS district, the development would be subject to “RS Transition Standards” contained in FMC Section 15- 1004 regarding height, setbacks, landscape, and screening. The Project would also be subject to appropriate façade design development standards contained in FMC Section 15-1005 including the following goals: 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. Through compliance with applicable standards, the Project would be consistent with the policy. Policy LU-5-d Medium-High Density Residential Uses. Promote medium-high density residential uses to optimize use of available or planned public facilities and services and to provide housing opportunities with convenient access to employment, shopping, services, and transportation. Consistent. The Project proposes a General Plan Amendment and Rezone to develop a multi-family residential development consistent with the Medium High Density land use and RM-1 zone district. The Project site is within a residentially planned and zone area in close proximity to public facilities including the Virginia R. Boris Elementary School, and would provide housing INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 128 opportunities with convenient access to employment, shopping services, and transportation. The nearest commercial, service, and employment area is approximately 0.40-miles north of the Project site. The nearest transit route to the Project site is Route 45, which is approximately one mile from the site off of Shields Avenue and Fowler Avenue. Therefore, the Project would be consistent with this policy. Policy LU-5-g Scale and Character of New Development. Allow new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes. Consistent. The Project proposes a 64-unit multi-family residential development that would be subject to applicable zoning and other regulations of the FMC, including FMC Section 15-1004, Section 15-1005, Section 15-2015, Section 15-2508, and Section 15-2614 (See Section 4.1) that govern scenic quality, including the scale and character of the development, promoting a transition in scale between the proposed development and existing neighborhood. In addition, the Project proposes pedestrian and vehicular circulation. Internal circulation of the site would include a private drive aisle for automobiles and four-ft. wide concrete sidewalks for pedestrians. The Project proposes 124 parking stalls including 64 carports and 60 open parking stalls, in addition to a bicycle rack with space for six bicycles. The Project would also install right-of-way improvements along North Armstrong Avenue street frontage (i.e., concrete curb, gutter, sidewalk, and paving per City of Fresno Public Works Standards). Therefore, the Project would be consistent with this policy. Policy LU-5-h Housing Offering Amenities. Support housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces. Consistent. The Project proposes 64 multi-family residential units and a range of amenities, including. approximately 43,190 sf. of common open space throughout the site including indoor and outdoor recreational space (e.g., swimming pool, arbors, and barbecue). Private open space is also proposed for each unit either as a patio or balcony. Further, as discussed above, the Project would have convenient access to employment, shopping services, and transportation. There are also three parks within a one-mile radius (Section 4.16). Therefore, the Project would be consistent with this policy. Further, through the entitlement process, the Project is reviewed for compliance with applicable regulations inclusive of those adopted for the purpose of avoiding or mitigating environmental effects , including FMC Section 15-2506 – Noise, Section 15-2507 – Vibration, Section 15-2508 – Lighting and Glare, Section 15-2510 – Odors, and Section 15-2512 – Air Contaminants. There are standard conditions and processes in place to ensure these code- mandated requirements are complied with during the entitlement review and approval process and prior to issuance of building permits. Overall, the entitlement process would ensure that the Project complies with the General Plan, FMC, and any other applicable policies. As such, the Project would have a less than significant impact. 4.11.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 129 4.12 MINERAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X 4.12.1 Environmental Setting The California Geological Survey (CGS) classifies and designates areas within California that contain or potentially contain significant mineral resources. Lands are classified into Aggregate and Mineral Resource Zones (MRZs), which identify known or inferred significant mineral resources. According to the California Department of Conservation, CGS’s Surface Mining and Reclamation Act (SMARA) Mineral Lands Classification (MLC) data portal, the nearest mineral resource areas to the City of Fresno are in the San Joaquin and Kings River areas which are classified as Mineral Resource Zone (MRZ)-2. The Project site is not located within the vicinity of either river. 4.12.2 Impact Assessment Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The Project site is not located in an area designated for mineral resource preservation or recovery. Therefore, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. No impact would occur. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. As described above, the Project site is not located in an area designated for mineral resource preservation or recovery and as a result, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Further, the site is not delineated in the General Plan, a Specific Plan, or other land use plan as a locally important mineral resource recovery site, thus it would not result in the loss of availability of a locally important mineral resource. Therefore, no impact would occur. 4.12.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 130 4.13 NOISE Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Generation of excessive groundborne vibration or groundborne noise levels? X c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X 4.13.1 Environmental Setting An Acoustical Analysis of the Project was conducted on December 22, 2022 (revised February 21, 2023) by WJV Acoustics, Inc. (WJVA). The full report is provided in Appendix C. A summary of the Acoustical Analysis is provided below. Overall, the Acoustical Analysis concludes that the proposed 64‐unit multi‐family residential development would comply with all City of Fresno exterior and interior noise level standards, provided the following mitigation measure is incorporated into final Project design: “Mechanical ventilation or air conditioning must be provided for all homes so that windows and doors can remain closed for sound insulation purposes.” Fresno General Plan The Fresno General Plan Noise Element provides noise level criteria for land use compatibility for both transportation and non‐transportation noise sources. The General Plan sets noise compatibility standards for transportation noise sources in terms of the Day‐Night Average Level (L dn). The Ldn represents the time‐weighted energy average noise level for a 24‐hour day, with a 10 dB penalty added to noise levels occurring during the nighttime hours (10:00 p.m.‐7:00 a.m.). The Ldn represents cumulative exposure to noise over an extended period of time and is therefore calculated based upon annual average conditions. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 131 Table 4-16 provides the General Plan noise level standards for transportation noise sources. Exterior noise standards are to be applied to the outdoor activity areas of residential land uses. Outdoor activity areas are generally considered to be backyards of single‐family residential uses and common use outdoor areas (such as pool areas, BBQ and picnic areas, playground areas, etc.) as well as individual unit decks, patios and balconies of multi‐ family residential uses. Table 4-16 City of Fresno General Plan Noise Level Standards: Transportation (Non-aircraft) Noise Sources Noise-Sensitive Land Use Outdoor Activity Areas Interior Spaces Ldn/CNEL, dB Ldn/CNEL, dB Leq, dB2 Residential 65 45 - Transient Lodging 65 45 - Hospitals, Nursing Homes 65 45 - Theaters, Auditoriums, Music Halls - - 35 Churches, Meeting Halls 65 - 45 Office Buildings - - 45 Schools, Libraries, Museums - - 45 Implementation Policy NS‐1‐a of the General Plan provides guidance in regard to the development of new noise sensitive land uses (including residential developments). Desirable and Generally Acceptable Exterior Noise Environment. Establish 65 dBA Ldn or CNEL as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise‐sensitive uses for noise, but designate 60 dBA Ldn or CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise‐ sensitive uses. Maintain 65 dBA Ldn or CNEL as the maximum average exterior noise levels for non‐sensitive commercial land uses, and maintain 70 dBA Ldn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties. The General Plan also provides noise level standards for non‐transportation (stationary) noise sources. The General Plan noise level standards for non‐transportation noise sources are identical to those provided in the FMC, provided below in Table 4-17. Implementation Policy NS‐1‐j of the General Plan Noise Element provides guidance in regards to the establishment of a significance threshold when determining an increase in noise levels over existing ambient noise levels. Significance Threshold. Establish, as a threshold of significance for the City's environmental review process, that a significant increase in ambient noise levels is assumed if the project would increase noise levels in the immediate vicinity by 3 dB Ldn or CNEL or more above the ambient noise limits established in this General Plan Update. Commentary: When an increase in noise would result in a “significant” impact (increase of three dBA or more) to residents or businesses, then noise mitigation would be required to reduce noise exposure. If the increase in noise is less than three dBA, then the noise impact is considered insignificant and no noise mitigation is needed. By setting a specific threshold of significance in the General Plan, this policy facilitates making a determination of environmental impact, as required by the California Environmental Quality Act. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 132 It helps the City determine whether (1) the potential impact of a development project on the noise environment warrants mitigation, or (2) a statement of overriding considerations will be required. Municipal Code Section 15‐2506 of the FMC establishes hourly acoustical performance standards for non‐transportation noise sources. The standards, provided in Table 4-17, are made more restrictive during the nighttime hours of 10:00 p.m. to 7:00 a.m. Additionally, the FMC states that when ambient noise levels exceed or equal the levels described in Table 4-17, mitigation shall only be required to limit noise to the existing ambient noise levels, plus five dB. Section 15‐2506 is consistent with Implementing Policy NS‐1‐I of the Noise Element. Table 4-17 Non-Transportation Noise Level Standards, dBA 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, Section 15-2506 Additional guidance is provided in Section 10‐102(b) of the FMC. Section 10 provides existing ambient noise levels to be applied to various districts, further divided into various hours of the day. Table 4-18 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 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 s ection, however, the noise level specified herein shall be deemed to be the ambient noise level for that location.” Table 4-18 Assumed Minimum Ambient Noise Level, dBA 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 10-102 (B) Section 10‐106 (Prima Facie Violation) States “Any noise or sound exceeding the ambient noise level at the property 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.” For noise sources that are not transportation related, which usually includes commercial or industrial activities and other stationary noise sources (such as amplified music), it is common to assum e that a 3‐5 dB increase in noise levels represents a substantial increase in ambient noise levels. This is based on laboratory tests that indicate that a 3 dB increase is the minimum change perceptible to most people, and a 5 dB increase is perceived as a “definitely noticeable change.” Construction Noise INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 133 The City of Fresno Municipal Code does not explicitly provide guidance on construction noise or vibration. However, Section 10.109 (Exceptions) of the Municipal Code states that the noise provisions 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.” Although not specifically stated in the Noise Element or the Municipal Code, it is also a standard requirement of many jurisdictions that all construction equipment be properly maintained and muffled to minimize noise generation at the source. The City of Fresno does not have regulations that define acceptable levels of vibration. One of the most recent references suggesting vibration guidelines is the California Department of Transportation (Caltrans) Transportation and Construction Vibration Guidance Manual. The Manual provides guidance for determining annoyance potential criteria and damage potential threshold criteria. These criteria are provided below in Table 4-19 and Table 4-20and are presented in terms of peak particle velocity (PPV) in inches per second (in/sec). The PPV levels reported in Table 4-19 and Table 4-20 represent those measured at the potential receiver location. Table 4-19 Guideline Vibration Annoyance Potential Criteria Human Response Maximum PPV (in/sec) at Receiver Transient Sources Continuous/Frequent Intermittent Sources Barely Perceptible 0.04 0.01 Distinctly Perceptible 0.25 0.04 Strongly Perceptible 0.9 0.1 Severe 2.0 0.4 Source: Caltrans Table 4-20 Guideline Vibration Damage Potential Threshold Criteria Structure and Condition Maximum PPV (in/sec) at Receiver Transient Sources Continuous/Frequent Intermittent Sources Extremely fragile, historic buildings, ancient monuments 0.12 0.08 Fragile buildings 0.2 0.1 Historic and some old buildings 0.5 0.25 Older residential structures 0.5 0.3 New residential structures 1.0 0.5 Modern industrial/commercial buildings 2.0 0.5 Source: Caltrans Project Site Noise Exposure Modeling The Project site is located along the east side of North Armstrong Avenue, approximately 375 feet north of East Clinton Avenue. The Project site is exposed traffic noise associated with vehicles on N orth Armstrong Avenue. The INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 134 distance from the closest proposed building façade (and individual patios/balconies) to the (future) centerline of North Armstrong Avenue is approximately 65 feet. Noise exposure from traffic on North Armstrong Avenue was calculated for existing and future (2046) conditions using the Federal Highway Administration (FHWA) Traffic Noise Model and traffic data obtained from Fresno Council of Governments (COG). A detailed description of the noise model, applied data, and methodology is provided in Appendix C. Noise level measurements and concurrent traffic counts were conducted by WJVA staff within the Project site on December 16, 2022, along North Armstrong Avenue. Traffic noise exposure at the closest proposed residential setbacks to North Armstrong Avenue would be approximately 60 dB Ldn for both existing conditions and future (2046) conditions, respectively. 4.13.2 Impact Assessment Would the project: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? Less than Significant Impact with Mitigation Incorporated. Noise generating activities of the Project would include construction, traffic, and interior noise exposure, as described below. Overall, the Project would result in a less than significant impact in regard to noise. Traffic Noise Exposure The Project site is exposed to traffic noise associated with vehicles on North Armstrong Avenue. The FHWA Traffic Noise Prediction Model (FHWA‐RD‐77‐108) was utilized for modeling traffic noise exposure (Appendix C). All exterior spaces where the exterior noise level standard applies would have a noise exposure level of 60 dB Ldn or less. Such levels are below the City’s applicable 65 dB Ldn exterior noise level standard. Impacts would be less than significant. Interior Noise Exposure The City of Fresno interior noise level standard is 45 dB Ldn. The worst‐case noise exposure within the proposed residential development would be approximately 60 dB Ldn (Existing and 2046 conditions). This means that the proposed residential construction must be capable of providing a minimum outdoor‐to‐indoor noise level reduction (NLR) of approximately 15 dB (60‐45=20). 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 would reduce exterior noise levels by approximately 25 dB if windows and doors are closed. This would be sufficient for compliance with the City’s 45 dB Ldn interior standard. Requiring that it be possible for windows and doors to remain closed for sound insulation means that air conditioning or mechanical ventilation would be required. Therefore, the Project shall incorporate Mitigation Measure NOI-1 as recommended by WJVA. Incorporation of this mitigation measure would reduce interior noise exposure. As a result, the Project would have a less than significant impact with mitigation incorporated. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 135 Mitigation Measure NOI-1: Interior Noise Insultation. Mechanical ventilation or air conditioning must be provided for all units so that windows and doors can remain closed for sound insulation purposes. Construction Noise Exposure Construction noise would occur at various locations within the project site throughout the buildout period. Existing sensitive receptors could be located as close as 75 feet from construction activities. Table 4-21 provides typical construction‐related noise levels at distances of 50, 100 feet, 200 feet, and 300 feet. Construction noise is not considered to be a significant impact if construction is limited to daytime hours and construction equipment is adequately maintained and muffled. The City of Fresno limits hours of construction to occur only between the hours of 7:00 a.m. to 10:00 p.m., Monday through Saturday. Construction noise impacts could result in annoyance or sleep disruption for nearby residents if nighttime operations were to occur outside of the allowable construction hours, or if equipment is not properly muffled or maintained. Table 4-21 Typical Construction Equipment Maximum Noise Levels, dBA Type of Equipment 50 ft. 100 ft. 200 ft. 300 ft. Concrete Saw 90 84 78 74 Crane 81 75 69 65 Excavator 81 75 69 65 Front End Loader 79 73 67 63 Jackhammer 89 83 77 73 Paver 77 71 65 61 Pneumatic Tools 85 79 73 69 Dozer 82 76 70 66 Rollers 80 74 68 64 Trucks 86 80 72 70 Pumps 80 74 68 64 Scrapers 87 81 75 71 Portable Generators 80 74 68 64 Backhoe 86 80 74 70 Grader 86 80 74 70 Source: FHWA, Noise Control for Buildings and Manufacturing Plants, Bolt, Beranek & Newman, 1987 Further, the Project would be subject to compliance with the General Plan Noise Element and FMC requirements to ensure that the ambient noise level does not rise to a level of significance. Impacts would be less than significant. Therefore, short‐term construction related impacts associated with the exposure of persons to or the generation of noise levels in excess of standards established in the General Plan or FMC would be less than significant.” b) Generation of excessive groundborne vibration or groundborne noise levels? Less than Significant with Mitigation Incorporated. Project operations would not include uses or activities that typically generate groundborne vibration or groundborne noise levels in excess. However, temporary groundborne vibration may result from construction, depending on the use of equipment (e.g., pile drivers, bulldozers, jackhammers, etc.), distance to affected structures, and soil type. The dominant sources of man‐made vibration are sonic booms, blasting, pile driving, pavement breaking, demolition, diesel locomotives, and rail‐car coupling. Generalized vibration levels associated with typical residential construction activities at distances of 50 feet, 100 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 136 feet and 300 feet are summarized by Table 4-22. These levels would not be expected to exceed any significant threshold levels for annoyance or damage, as provided above in Table 4-19 and Table 4-20. Table 4-22 Typical Vibration Levels During Construction Equipment PPV (in/sec) At 50 ft. At 100 ft. At 300 ft. Bulldozer (Large) 0.042 0.019 0.006 Bulldozer (Small) 0.001 0.0006 0.0002 Loaded Truck 0.027 0.017 0.005 Jackhammer 0.012 0.008 0.002 Vibratory Roller 0.097 0.046 0.013 Caisson Drilling 0.042 0.019 0.006 Source: Caltrans After full Project build out, it is not expected that ongoing operational activities will result in any vibration impacts at nearby sensitive uses. Activities involved in trash bin collection could result in minor on‐site vibrations as the bin is placed back onto the ground. Such vibrations would not be expected to be felt at off‐site sensitive uses. However, to further assure construction activities do not generate excessive groundborne vibration or groundborne noise levels, the Project shall incorporate Mitigation Measure NOI-2 as identified in the General Plan PEIR. Incorporation of this mitigation measure would reduce construction-related vibration and restrict heavy construction equipment in close proximity to existing structures. As a result, the Project would have a less than significant impact with mitigation incorporated. Mitigation Measure NOI-2: Construction Vibration. The use of heavy construction equipment within 25 feet of existing structures shall be prohibited. (General Plan PEIR Mitigation Measure NOI-2) c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less than Significant Impact. The nearest public and public use airport is the Fresno Yosemite International Airport approximately ± 1.5 miles west of the Project site. The Project site is located within the Fresno Yosemite International Airport, AIA but is outside of the airport’s 60 dBA CNEL and 65 dBA CNEL noise contours. Because it is within the AIA, the Project has been reviewed by the City of Fresno Planning and Development Department and for compatibility with the findings and policies of the ALCUP related to safety and special characteristics (e.g., lights, flare, smoke, birds, etc.) and General Plan, since the General Plan must be compatible with the ALUCP. Therefore, through compliance with the ALUCP and General Plan, the Project would not result in a safety hazard for people residing or working in the area and impacts would be less than significant. 4.13.3 Mitigation Measures The proposed Project shall implement and incorporate, as applicable, the noise related mitigation measures as identified in the attached Project Specific Mitigation Monitoring and Reporting Program dated June 2023. Mitigation Measure NOI-1: Interior Noise Insultation. Mechanical ventilation or air conditioning must be provided for all units so that windows and doors can remain closed for sound insulation purposes. Mitigation Measure NOI-2: Construction Vibration. The use of heavy construction equipment within 25 feet of existing structures shall be prohibited. (General Plan PEIR Mitigation Measure NOI-2) INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 137 4.14 POPULATION AND HOUSING Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? X 4.14.1 Environmental Setting CEQA Guidelines Section 15126.2(d) requires that a CEQA document discuss the ways in which the proposed Project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. The CEQA Guidelines provide the example of a major expansion of a wastewater treatment plant that may allow for more construction within the service area. The CEQA Guidelines also note that the evaluation of growth inducement should consider the characteristics of a project that may encourage or facilitate other activities that could significantly affect the environment. Direct and Indirect Growth Inducement consists of activities that directly facilitate population growth, such as construction of new dwelling units. A key consideration in evaluating growth inducement is whether the activity in question constitutes “planned growth.” City of Fresno General Plan The City of Fresno General Plan estimates population under the General Plan Buildout. It estimates approximately 226,000 new residents by 2035 within the Sphere of Influence (SOI), totaling in a population of 771,000, with an average annual growth rate of 1.24. In addition, the Buildout anticipates an additional 425,000 new residents by an unspecified date, totaling an ultimate population of 970,000 within the SOI. U.S. Census Bureau According to the U.S. Census Bureau, the current population of the city of Fresno is 542,107 with a total of 184,226 housing units and an average household size of 3.65. 39 39 U.S. Census Bureau. 2022. Community Profile: Fresno city, California. Accessed on December 12, 2022, https://data.census.gov/profile/Fresno_city,_California?g=1600000US0627000 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 138 4.14.2 Impact Assessment Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less than Significant Impact. The Project includes a General Plan Amendment and Rezone that requests a land use change from Residential – Low Density to Residential – Medium High Density and a rezone from RS-1 – Residential Single-Family, Extremely Low Density to RM-1 – Residential Multi-Family, Medium High Density, consistent with the proposed land use designation. The Project proposes the development of a 64-unit multi-family residential development. Based on an average household size of 3.65, 64 units could generate approximately 234 new residents (compared to 58 new residents if the site was built out under the current land use designation) thereby increasing the city’s population from 542,107 to 542,341. The 64 units would also increase the total number of housing units from 184,226 to 184,290. Overall, the population and housing units generated by the proposed Project would be within the Fresno General Plan projections for the City of Fresno. Therefore, the Project would not induce substantial unplanned population growth and a less than significant impact would occur. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. There are approximately five existing structures including a 1,918-square foot single-family residence (built circa 1962), garage, and storage sheds. In recent years, the site has been operated as a retail nursery and contains rows of plants for sale by retail. The existing structures on site are not used for housing. Since the site does not currently provide housing, future development of the Project site would not result in the physical displacement of people or housing. No impact would occur because of the Project. 4.14.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 139 4.15 PUBLIC SERVICES Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i. Fire protection? X ii. Police protection? X iii. Schools? X iv. Parks? X v. Other public facilities? X 4.15.1 Environmental Setting The Project is located within Fresno city limits and thus, would be subject to fees for the construction, acquisition, and improvements for such services. These services and fees include: Fire Protection Services Fire Protection Services in the city are provided by the Fresno Fire Department (FFD). The FFD operates a total of 20 fire stations/companies that serve a 116-square-mile area. To facilitate adequate service ratios, response times, or other performance objectives for fire protection services, all development in the City of Fresno is required to be located within three (3) miles of an existing fire s tation. There is one fire station within a three-mile radius of the proposed Project site, Station 10. To address impacts to fire protection services, the City of Fresno has implemented the Fire Facilities Fee pursuant to Section 12-4.901 of the FMC, which requires developers to pay the “fair share” of construction and acquisition costs for improvements to fire department facilities. A Fire Facilities Impact Fee is assessed for development based on the project size. Police Protection Services Police Protection Services in the city are provided by the Fresno Police Department (FPD). The FPD is divided into five policing districts. The Project falls within the Southeast Policing District and the nearest police station to the proposed Project is located approximately 2.5 miles southwest of the site at 224 South Argyle Avenue, Fresno, CA 93727. The Southeast Policing District is the largest district with a population of over 150,000. According to the FPD 2021 Annual Report, the Southeast District had a 10 percent reduction in shootings during 2021 compared to 2020. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 140 The City uses a minimum level of service of two officers per 1,000 residents. To address impacts to police protection services, the City of Fresno has implemented the Police Facilities Fee pursuant to Section 12-4.801 of the FMC, which requires developers to pay the “fair share” of construction and acquisition costs for improvements to police protection services and facilities. A Police Facilities Fee is assessed for development based on the project size. Schools Educational services within the Project Area are primarily served by Clovis Unified School District. Schools within a one-mile radius of the Project site include Virginia R. Boris Elementary School and Roger S. Oraze Elementary School. Funding for schools and school facilities impacts is outlined in Education Code Section 17620 and Government Code Section 65995 et. seq., which governs the amount of fees that can be levied against new development. These fees are used to construct new or expanded school facilities. Payment of fees authorized by the statute is deemed “full and complete mitigation.” A School Impact Fee is assessed for development based on the Developer Fee rates in place at the time payment is due. Parks and Recreation Park and Recreation Facilities are overseen by the Fresno Parks and Recreation Department, Parks, Af ter School, Recreation, and Community Services (PARCS). The City’s service standard for parks is at least three acres of public parkland per 1,000 residents. Similar to other public services, the City has established the Park Facilities Fee which requires developers to pay the “fair share” of construction and acquisition for improvements to park facilities . A Park Facilities Fee is assessed for development based on the project size. Courts The City of Fresno contains two State courts, Fresno County Superior Court, and 5th District Court of Appeals, and one federal court. Library The Fresno County Public Library System oversees libraries in the city of Fresno. There are 39 libraries throughout the County of Fresno, 11 of which are in the City of Fresno planning area. Hospital There are nine hospitals located within the City of Fresno planning area with a total capacity of 1,603 beds as of 2020. 4.15.2 Impact Assessment Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? Less than Significant Impact. The Project site is within the city limits and therefore would be served by the FFD. There is one fire station, Station 10, within a three-mile radius of the proposed Project. The Project’s proximity to INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 141 the existing station would support adequate service ratios, response times, and other performance objectives for fire protection services. In addition, the FFD reviewed the Project for requirements related to water supply, fire hydrants, and fire apparatus access to the building on site. FFD indicated that the Project is within the service area of existing Fire Station 10, which is planned to be relocated from East Clinton Avenue and North Clovis Avenue to North Armstrong Avenue 0.25-miles south of the Project site. FFD’s review also indicated that there are existing gridded public water mains serving the parcel. Further, the Project is subject to the Fire Facilities Fee for construction and acquisition costs for improvements to fire department facilities. For these reasons, it can be determined that the Project can be served by existing facilities and would not result in the need for new or altered facilities and as a result, a less than significant impact would occur. ii. Police protection? Less than Significant Impact. The Project site is within the city limits and therefore would be served by the FPD. The Project site is within the Southeast Policing District and the nearest police station to the proposed Project is located approximately 2.5 miles southwest of the site. The Project is subject to the Police Facilities Fee for construction and acquisition costs for improvements to police protection services and facilities. In addition, the FPD reviewed the Project and recommended consideration of implementing the Crime Prevention through Environmental Design (CPTED) concept including sufficient lighting and surveillance cameras at entry/exit points and parking lots. The site layout incorporates lighting and surveillance cameras, which both support the FPD’s recommendations. For these reasons, it can be determined that the Project can be served by existing facilities and would not result in the need for new or altered facilities and as a result, a less than significant impact would occur. iii. Schools? Less than Significant Impact. An informational letter was received for the Project from Clovis Unified School District (CUSD), dated January 4, 2023. The letter provides school district information relative to the Project including the attendance areas for elementary, intermediate, and high school, bus transportation, and school facilities fee. The School District currently levies a school facilities fee of $5.36 per square foot (as of July 5, 2022) for residential development. The Project would be subject to the fee in place at the time the fee certificates are obtained. In addition, according to CUSD 2022 student generation rates for multi-family units, the Project would be expected to generate eight students total (elementary through high school) (.1266 multiplied by 64 units), compared to nine students that would otherwise be expected from site build out under the exist ing land use designation based on the rates for single-family units (.5662 multiplied by 16 units).40 Therefore, the students expected to be generated from the proposed development would not exceed the number of students previously accounted for by CUSD. iv. The development and management of school sites are the responsibility of school districts and elected governing school boards. Funding for schools and school facilities impacts is outlined in Education Code Section 17620 and Government Code Section 65995 et. seq., which governs the amount of fees that can be levied against new development. These fees are used to construct new or expanded school facilities. Payment of fees authorized by the statute is deemed “full and complete mitigation.” A s stated in the CUSD letter, a School Impact Fee would be assessed for the proposed Project based on the Developer 40 Odell Planning & Research, Inc. (2022). Development Fee Justification Study/School Facilities Needs Analysis. Accessed on 5/3/2023, https://www.cusd.com/Downloads/1b2c63d8_RTF.rtf INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 142 Fee rates in place at the time payment is due. In addition, the site is planned and zoned for residential development and has been previously accounted for in siting school facilities; the proposed development would not exceed this number. Therefore, a less than significant impact would occur. Parks? Less than Significant Impact. Park and recreational facilities are typically impacted by an increase in use fr om residential development. The Project proposes residential development that would introduce residents to the area and therefore increase the demand for and use of existing neighborhood and regional parks or other recreational facilities. The nearest parks to the Project site include Belterra East Park (1.3 acres, 0.30 miles west), Belterra Park (1.1 acres, 0.40 miles west), Carriage House Park (3.0 acres, 0.90 miles northeast), and Melody Park (5.0 acres, 1.0 miles northwest). As a multi-family residential development, the Project would be subject to providing on-site open space (private, common, or public plaza) pursuant to FMC Section 15-1004 in addition to the Park Facilities Fee and in-lieu fee requirements as established under FMC Section 12-4.702 to mitigate any potential impacts to municipally owned parks. Private open space is proposed for each residential unit either as a patio or balcony. In addition, the Project includes approximately 43,190 sf. of common open space throughout the site including indoor and outdoor recreational space (e.g., landscaping, swimming pool, arbors, and barbecue). Compliance with these requirements would reduce any impacts resulting from increased residential demand for park and recreational facilities so as to not cause substantial physical deterioration of the facilities. For these reasons, the Project would have a less than significant impact. v. Other public facilities? Less than Significant Impact. The Project introduces residences to the area, thus increasing the demand for other public services, such as courts, libraries, hospitals, etc., which could result in development or expansion of public facilities. However, the Project, which proposes 64 residential units, is not of a scale that would resu lt in the construction of additional public facilities (i.e. libraries, hospitals, etc.). Typical environmental impacts associated with the development of these facilities include air quality, greenhouse gas emissions, noise, traffic, etc. The expansion of these facilities would be subject to CEQA as they are proposed. In addition, future development would be subject to the payment of the Development Impact Fee in order to mitigate any potential impacts to these public facilities. As a result, the Project would have a less than significant impact. 4.15.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 143 4.16 RECREATION Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X 4.16.1 Environmental Setting The nearest parks to the Project site include Belterra East Park (1.3 acres, 0.30 miles west), Belterra Park (1.1 acres, 0.40 miles west), Carriage House Park (3.0 acres, 0.90 miles northeast), and Melody Park (5.0 acres, 1.0 miles northwest). Park and Recreation Facilities are overseen by the Fresno Parks and Recreation Department, Parks, After School, Recreation, and Community Services (PARCS). The City’s service standard for parks is at least three acres of public parkland per 1,000 residents. Fresno General Plan The Fresno General Plan Parks, Open Space, and Schools Element includes the following objectives and policies related to park and recreational facilities and services: Objective POSS-1 Provide an expanded, high quality and diversified park system, allowing for varied recreational opportunities for the entire Fresno community. Policy POSS-1-a Parkland standard. Implement a standard of at least three acres of public parkland per 1,000 residents for Pocket, Neighborhood, and Community parks throughout the city, while striving for five acres per 1,000 residents for all parks throughout the city, subject to identifying additional funding for Regional Parks, Open Space/Natural Areas, and Special Use Parks/Facilities. Policy POSS-1-e Criteria for Parks in Development Areas. Continue to use park size and service area criteria for siting new parks and planning for parks in Development Areas: Park Type Size Range (Acreage) Population Served Service Area Radius Neighborhood 2.01 to 10 10,000-15,000 Up to 1 mile Community 10.01 to 40 50,000-80,000 Up to 4 miles Regional More than 40* 100,000 100,000 residents *Or when amenities provide regional service. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 144 Objective POSS-2 Ensure that adequate land, in appropriate locations, is designated and acquired for park and recreation uses in infill and growth areas. Policy POSS-2-a Identify opportunities to site, develop and co -locate Fire and Police stations with needed parks and open space as joint-use facilities. Policy POSS-2-b Park and Recreation Priorities. Use the following priorities and guidelines in acquiring and developing parks and recreation facilities: • Acquire and develop neighborhood park space in existing developed neighborhoods that are deficient of such space and in areas along BRT corridors that are designated as priorities for encouraging new mixed- use transit-oriented development; • Provide accessible recreation facilities in established neighborhoods with emphasis on those neighborhoods currently underserved by recreation facilities; • Improve established neighborhood parks with emphasis on those neighborhoods with the greatest need; • Acquire and develop neighborhood and community parks in new Development Areas; • Recognize community parks as a special need in areas that lack these facil ities or are planned for transit supportive urban densities, and explore all potential sources of revenue to secure and develop appropriate sites including joint use facilities; • Develop new special purpose parks, such as outdoor gym equipment, natural r esource based trail parks, equestrian centers, dog parks, and amphitheaters, as well as alternative recreation facilities, such as community recreation centers, passive wildlife observation park, cultural heritage and diversity park, military veterans memorial park, and universal access open space park; and • Acquire and develop park and open space in established neighborhoods and Development Areas, prioritizing existing neighborhoods with the greatest deficiencies, so that all residents have access to par k or open space within one-half mile of their residence. Develop these facilities to be fully accessible to individuals with disabilities as required by law. Policy POSS-2-c Review of Development Applications. Coordinate review of all development applications (i.e., site plans, conditional use permits, and subdivision maps) in order to implement the parks and open space standards of this Plan. • Assure the provision of adequate active and passive open spaces and facilities as appropriate within residential subdivisions through Development Code requirements for mandatory dedication and improvement of land and/or development fees. • Require the provision of appropriate outdoor living areas or private open space in multi-family residential developments not subject to the Subdivision Map Act. • Request open space easements where feasible and warranted to secure appropriate public use of sensitive areas with scenic or recreation values, and for buffering space for sensitive areas. • Require provision of appropriate open space areas in private projects, in the form of trails, enhanced landscaped setbacks, parks, and water features. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 145 • Evaluate the merits of establishing a development bonus entitlement program in which development incentives (i.e., bonus densities, bonus floor area square footage) are provided for contributions to public recreational facilities on-site or in the vicinity of the development project. Policy POSS-2-e Open Space Dedication for Residential Development. Ensure new residential developments provide adequate land for parks, open space, landscaping, and trails through the dedication of land or otherwise providing for Pocket Parks, planned trails, and other recreational space, maintained by an HOA, CFD, or other such entity. Objective POSS-3 Ensure that park and recreational facilities make the most efficient use of land; that they are designed and managed to provide for the entire Fresno community; and that they represent positive examples of design and energy conservation. Policy POSS-3-a Centralized Park Locations. Site parks central and accessible to the population served, while preserving the integrity of the surrounding neighborhood. Policy POSS-3-b Park Location and Walking Distance. Site Pocket and Neighborhood Parks within a half-mile walking distance of new residential development. Policy POSS-3-c Link Parks with Walkways. Link public open space to adjacent, schools, and residential uses and Activity Centers through a series of landscaped linear walkways a nd bikeways that enhance and encourage pedestrian use. Policy POSS-3-d Sidewalks to Connect Neighborhoods. Sidewalks should be designed for internal neighborhood circulation, and to connect neighborhoods to other residential areas, parks, community trails , shopping, and major streets. Policy POSS-3-e Minimum Park Size for Active Recreation. Minimize City acquisition or acceptance of dedication of park sites less than two acres in size for active recreational uses, except where maintenance costs are secured through a CFD, HOA, or other such mechanism. Policy POSS-3-f Park Design Guidelines. Create, maintain, and apply park design guidelines, with provisions for appropriate amenities for each park type, which may include: • Minimum and maximum shade. • Protections from shading by adjacent buildings. • Accessibility to persons with disabilities. • Street trees and landscaped median strips in adjacent arterial roads. • Art and points of attraction. • Landscape and hardscape features. • Street furniture, signage, and lighting. • Food sales and entertainment. • Restroom facilities, play structures, and picnic shelters. • Landscape design synthesis with input from civil engineers and hydrologists, educators and daycare providers, fitness trainers and coaches, police officers and experts in crime prevention through environmental design, as appropriate. • Solar panels, new LED lighting, and water efficiency improvements. Sports field areas designed to allow periodic changes in field locations to minimize wear areas and provide sufficient fields to host regional, state, or national tournaments. • Using topography to create interesting and visually appealing spaces and forms. • Use of waterways as a key design influence, a focus of restoration, and an opportunity to provide for public enjoyment of views. • Reflecting the agricultural and horticultural heri tage of the site or area. • Connecting with surrounding areas in a way that encourages expanded pedestrian activity. • Creating individual places within a park that respond to the needs of a broad range of park users, from youth to the INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 146 elderly. • Creating places of delight that engage the senses. • Creating places that engage the mind, by treating park features as opportunities for interpretation and questioning. • Using sustainable design practices, and highlighting these as opportunities for learning. Policy POSS-3-g Park Security and Design. Promote safety, attractiveness, and compatibility between parks and adjacent residential areas through design, maintenance, and enforcement of park regulations • Require the installation of security lighting for parking, points of access, and building ar eas at all public recreation and park sites. • Keep neighborhood eyes on parks to increase security. Policy POSS-3-i Joint Use with Drainage Facilities. Continue to seek joint use agreements for use of FMFCD stormwater drainage facilities. Objective POSS-4 Pursue sufficient and dedicated funding for parks acquisition, operations, and maintenance. Policy POSS-4-b Operation and Maintenance Financing. Continue to require new residential development to form lighting and landscaping maintenance districts or community facility districts or ensure other means of financing to pay for park operations and maintenance. Policy POSS-4-c Improvements in Established Neighborhoods. Seek agreements with formal neighborhood associations and institutions for improvements and ongoing maintenance of parks in established neighborhoods. Fresno Municipal Code FMC Section 12-4.702 establishes the Park Facilities Fee to pay for municipally owned park and recreation facilities. Residential development is responsible for a combination of land dedication and payment of in -lieu fees. Multi- family development in particular is subject to on-site open space and in-lieu fee requirements. On-site open space requirements for multi-family residential uses are outlined in FMC Section 15-1004. The minimum amount of on- site open space required is based on the size of the lot and can be met through a combination of private open space, common open space, or public plazas. 4.16.2 Impact Assessment Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than Significant Impact. Park and recreational facilities are typically impacted by an increase in use from residential development. The Project proposes residential development that would introduce residents to the area and therefore increase the demand for and use of existing neighborhood and regional parks or other recreational facilities. The nearest parks to the Project site include Belterra East Park (1.3 acres, 0.30 miles west), Belterra Park (1.1 acres, 0.40 miles west), Carriage House Park (3.0 acres, 0.90 miles northeast), and Melody Park (5.0 acres, 1.0 miles northwest).As a multi-family residential development, the Project would be subject to providing on-site open space (private, common, plaza, etc.) pursuant to FMC Section 15-1004 in addition to the Park Facilities Fee and in- lieu fee requirements as established under FMC Section 12-4.702 to mitigate any potential impacts to municipally owned parks. Private open space is proposed for each residential unit either as a patio or balcony. In addition, the INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 147 Project includes approximately 43,190 sf. of common open space throughout the site including indoor and outdoor recreational space (e.g., landscaping, swimming pool, arbors, and barbecue). Compliance with these requirements would reduce any impacts resulting from increased residential demand for park and recreational facilities so as to not cause substantial physical deterioration of the facilities. For these reasons, the Project would have a less than significant impact. b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Less than Significant Impact. The Project includes on-site recreational facilities as described under criterion a). Other than the on-site facilities, the Project would not require the construction or expansion of recreational facilities. The on-site recreational facilities would be developed in accordance with on-site open space requirements pursuant to FMC Section 15-1004. Compliance would ensure that the facilities would not be in an area or be built to a scale that would cause an adverse physical effect on the environment. As a result, a less than significant impact would occur. 4.16.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 148 4.17 TRANSPORTATION Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? X b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? X c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X d) Result in inadequate emergency access? X 4.17.1 Environmental Setting The Project site is a developed site with two existing drive approaches located on North Armstrong Avenue. North Armstrong Avenue, a two-lane, north-south collector forms the westerly site boundary. East Clinton Avenue, a two -lane, east-west collector, is approximately 350-ft. south of the southern site boundary. There are no existing pedestrian facilities including sidewalks, trails, or paths adjacent to the Project site. There is an existing Class II, striped and marked bike lane and sidewalk on the east side of North Armstrong Avenue approximately 700 feet north of the site. There are no existing or planned transit facilities adjacent to or in proximity to the Project site as identified in the General Plan and by FAX. The nearest FAX transit route to the Project site is Route 45, which has five bus stops within a one-mile radius generally located off of Shields Avenue and Fowler Avenue. Fresno General Plan The Fresno General Plan establishes a street classification system to categorize roadways and transportation facilities. The classification system is used for engineering design and traffic operation standards. The following roadway classifications are applicable to the Project site, as defined by the General Plan: Collector: Two- to four-lane undivided (opposing travel lanes generally not separated by a median island) roadways, with the primary function of connecting local streets and arterials and neighborhood traffic generators and providing access to abutting properties. Local street intersections and motor vehicle access points from abutting properties are allowed consistent with the City’s engineering standards and accepted traffic engineering practices. Collectors typically have a center two-way left-turn lane. The General Plan expands the classification description to include specific characteristics including pedestrian realm, on-street parking, number of vehicle lanes, bike lanes, and landscaped median as shown in Table 4-23. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 149 Table 4-23 Roadway Characteristic Matrix from the Fresno General Plan (Table 4 -1) Roadway Type Number of Vehicle Lanes Bike Lanes Pedestrian Facilities On-Street Parking Median Collector 2 to 4 Yes Sidewalks Yes Possible Source: Fresno General Plan, Mobility and Transportation, Table 4-1 The General Plan identifies the following objective and policy related to analyzing transportation impacts. Objective MT-1. Create and maintain a transportation system that is safe, efficient, provides access in an equitable manner, and optimizes travel by all modes. Policy MT-1b. Circulation Plan Diagram Implementation. Design and construct planned streets and highways that complement and enhance the existing network, as well as future improvements to the network consistent with the goals, objectives and policies of the General Plan, as shown on the Circulation Diagram (Figure MT-1), to ensure that each new and existing roadway continues to function as intended. Policy MT-1-d Integrate Land Use and Transportation Planning. Plan for and maintain a coordinated and well integrated land use pattern, local circulation network and transportation system that accommodates planned growth, reduces impacts on adjacent land uses, and preserves the integrity of established neighborhoods. Policy MT-1-f Match Travel Demand with Transportation Facilities. Designate the types and intensities of land uses at locations such that related travel demands can be accommodated by a variety of viable transportation modes and support Complete Neighborhoods while avoiding the routing of excessive or incompatible traffic through local residential streets. Policy MT-1-k. Multi-Model Level of Service Standards. Develop and use a tiered system of flexible, multi- modal Level of Service standards for streets designated by the Circulation Diagram (Figure MT -1). Strive to accommodate a peak hour vehicle LOS of D or better on street segments and at intersections, exc ept where Policies MT-1-m through MT-1-p provide greater specificity. Establish minimum acceptable service levels for other modes and use them in the development review process. Policy MT-1-n. Peak Hour Vehicle LOS. For planning purposes and implementation of Capital Improvement Projects, maintain a peak-hour vehicle LOS standard of D or better for all roadway areas outside of identified Activity Center and Bus Rapid Transit Corridor districts, unless the City Traffic Engineer determines that maintaining this LOS would be infeasible and/or conflict with the achievement of other General Plan policies. Objective MT-2. Make efficient use of the City’s existing and proposed transportation system and strive to ensure the planning and provision of adequate resources to operate and maintain it. Policy MT-2-i. Transportation Impact Studies. Require a Transportation Impact Study (currently named Traffic Impact Study) to assess the impacts of new development projects on existing and planned streets for projects meeting one or more of the following criteria, unless it is determined by the City Traffic Engineer that the project site and surrounding area already has appropriate multi -modal infrastructure improvements. • When a project includes a General Plan amendment that changes the General Plan Land Use Designation. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 150 • When the project will substantially change the off-site transportation system (auto, transit, bike or pedestrian) or connection to the system, as determined by the City Traffic Engineer. • Transportation impact criteria are tiered based on a project’s location within the City’s Sphere of Influence. This is to assist with areas being incentivized for development. The four zones, as defined on Figure MT-4, are listed below. The following criteria apply (Note: the Project site is in Traffic Impact Zone III, so the other zones are omitted for brevity): o Traffic Impact Zone III (TIZ-III): TIZ-III generally represents areas near or outside the City Limits but within the SOI as of December 31, 2012. Maintain a peak hour LOS standard of D or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 100 or more peak hour new vehicle trips. Policy MT-2-m. Use VMT Analysis for CEQA. Use VMT Analysis for CEQA. Use Vehicle Miles Traveled (VMT) as the criteria for evaluating transportation impacts under the California Environmental Quality Act (CEQA), pursuant to Senate Bill 743. Level of Service (LOS) may still be used for planning purposes and implementation of Capital Improvement Projects, however VMT shall be used for determining mitigation under CEQA beginning in July of 2020. Objective MT-4. Establish and maintain a continuous, safe, and easily accessible bikeways system throughout the metropolitan area to reduce vehicle use, improve air quality and the quality of life, and provide public health benefits. Policy MT-4-a Active Transportation Plan. To the extent consistent with this General Plan, continue to implement and periodically update the Active Transportation Plan to meet State standards and requirements for recommended improvements and funding proposals as determined appropriate and feasible. Policy MT-4-b Bikeway Improvements. Establish and implement property development standards to assure that projects adjacent to designated bikeways provide adequate right -of-way and that necessary improvements are constructed to implement the planned bikeway system shown on Figure MT-2 to provide for bikeways, to the extent feasible, when existing roadways are reconstructed; and alternative bikeway alignments or routes where inadequate right-of-way is available. Policy MT-4-h Bicycle Parking Facilities. Promote the installation of bicycle locking racks and bicycle parking facilities at public buildings, transit facilities, public and private parking lots, and recreational facilities. Establish standards for bicycle parking in the Development Code. City of Fresno Active Transportation Plan The City of Fresno Active Transportation Plan (ATP) adopted March 2017, updates and supersedes the City of Fresno 2010 Bicycle, Pedestrian, and Trails Master Plan (BMP). The ATP outlines the vision to provide human -powered travel including walking, bicycling, and wheelchair use. The ATP aims to improve the accessibility and connectivity of bicycle and pedestrian network to increase the number of people to travel active transportation. The goals identified in the ATP are: • Equitably improve the safety and perceived safety of walking and bicycling in Fresno • Increase walking and bicycling trips in Fresno by creating user-friendly facilities • Improve the geographic equity of access to walking and bicycling facilities in Fresno INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 151 • Fill key gaps in Fresno’s walking and bicycling networks The ATP identifies an existing Class II bike lane and sidewalk on the east side of North Armstrong Avenue approximately 700 feet north of the site. The ATP also identifies a planned Class II bike lane and sidewalk adjacent to the Project site on North Armstrong Avenue. Vehicle Miles Traveled Analysis A Vehicle Miles Traveled (VMT) Analysis was prepared for the Proj ect by JLB Traffic Engineering, Inc. dated November 18, 2022, and provided in Appendix D. Results are summarized below and incorporated herein. • At buildout, the Project is estimated to generate approximately 431 daily trips, 26 AM peak hour trips, and 33 PM peak hour trips. • The Project is expected to yield an average 9.5 VMT per capita which is within the City of Fresno’s VMT threshold of 14.0 VMT per capita for residential land uses. • No significant impacts to VMT are associated with the Project. Trip Generation Analysis A Trip Generation Analysis was prepared for the Project by JLB Traffic Engineering, Inc. dated October 1, 2021, and provided in Appendix D. Results are summarized as follows and incorporated herein. The Project site is located in TIZ-III. All development within TIZ-III is required to maintain a Level of Service (LOS) Standard of D and requires a Traffic Impact Study (TIS) when projected to generate more than 100 new peak hour trips. Considering the Project is located within TIZ-III, its anticipated trip generation would not exceed 40 peak hour trips, and would not substantially change the off-site transportation system, a TIS would likely not be required. The City accepted the Trip Generation Analysis on September 2, 2022 and a TIS was not required. 4.17.2 Impact Assessment Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less than Significant Impact. The Project would be required to comply with all project-level requirements implemented by a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Compliance is further discussed below. Overall, the Project would not conflict with a program plan, ordinance, or policy addressing the circulation system and a less than significant impact w ould occur. Roadway Facilities The Project site is a developed site with two existing drive approaches located on North Armstrong Avenue. North Armstrong Avenue, a two-lane, north-south collector forms the westerly site boundary. East Clinton Avenue, a two -lane, east-west collector, is approximately 350-ft. south of the southern site boundary. Per the Fresno General Plan Circulation Diagram, the design of the roadways should include two to four lanes with a bike lane, sidewalks, on - street parking, and potentially a median. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 152 The Project would result in public street improvements along North Armstrong Avenue including concrete curb, gutter, sidewalk, and paving per City of Fresno Public Works Standards. The Project would be required to submit Public Improvement Plans for the required off-site improvements through the Building Permit process, for review and approval by the City to ensure improvements would be consistent with adopted City of Fresno Public Works Standards, Specifications, and the approved street plans. Through compliance, the Project would result in improvements to the roadway network consistent with the goals, objectives, and policies of the General Plan as shown on the Circulation Diagram (General Plan Policy MT-1b) and maintain a coordinated and well-integrated land use pattern, local circulation network, and transportation system (General Plan Policy MT-1-d). Furthermore, as indicated by the Trip Generation Analysis, the anticipated trip generation would not exceed 40 peak hour trips which is significantly less than the TIS threshold of 100 mor more peak hour trips. In addition, as discussed under criterion b) below, the Project is expected to yield an average of 9.5 VMT per capita which is within the City of Fresno’s VMT threshold of 14.0 VMT per capita for residential land uses. Therefore, the existing roadway network could accommodate an acceptable peak hour vehicle LOS (General Plan Policy MT-1-k and Policy MT-1-n) and the Project would thereby result in the redevelopment of a site at an intensity that can be accommodated by transportation modes while avoiding excessive or incompatible traffic (General Plan Policy MT-1-f). Overall, the Project would be consistent with the General Plan and would not conflict with a program plan, ordinance, or policy addressing roadway facilities. Pedestrian and Bicycle Facilities There are no existing pedestrian facilities including sidewalks, trails, or paths adjacent to the Project site. There is an existing Class II, striped and marked bike lane and sidewalk on the east side of North Armstrong Avenue approximately 700 feet north of the site. There are no existing or planned transit facilities adjacent to or in proximity to the Project site as identified in the General Plan and by the Fresno Area Express. The nearest transit route to the Project site is Route 45, which is approximately one mile from the site off of Shields Avenue and Fowler Avenue. The Project would result in public street improvements along North Armstrong Avenue including concrete curb, gutter, sidewalk, and paving per City of Fresno Public Works Standards. The Project also proposes a four-ft. wide concrete sidewalk for onsite pedestrian circulation in addition to bicycle parking for up to six bicycles. The proposed facilities would help achieve the ATP’s goals by improving the safety and perceived safety of walk ing and bicycling, creating user-friendly facilities and thereby increasing walking and bicycling trips, improving the geographic equity of access to walking and bicycling facilities, and filling gaps in the walking and bicycling network. Off-site improvements would be verified and ensured through the Building Permit process. Provision of the pedestrian and bicycle facilities would be ensured through the Building Permit process. Therefore, the Project would be consistent with the General Plan (Policy MT-4-a, Policy MT-4-h) and ATP and thereby would not conflict with a program, plan, ordinance, or policy addressing bicycle and pedestrian facilities. Transit Facilities There are no existing or planned transit facilities adjacent to or in proximity to the Project site as identified by the General Plan and by Fresno Area Express. The nearest transit route to the Project site is Route 45, which is approximately one mile from the site off of Shields Avenue and Fowler Avenue. Therefore, the Project would not conflict with a program, plan, ordinance, or policy addressing transit facilities. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 153 b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less than Significant Impact. 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 car 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 evaluate a project’s vehicle miles traveled, 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 vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall appl y to the analysis described in this section.” On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds, dated June 25, 2020, pursuant to Senate Bill 743 to be effective of July 1, 2020. The thresholds described the rein 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 Fresno VMT Thresholds. 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 3.1 regarding Development Projects states that if a project constitutes a General Plan Amendment or a Rezone, none of the screening criteria may apply, and that the City must evaluate such projects on a case-by-case basis. Here the Project includes both a General Plan Amendment and a Rezone and does not meet the screening criteria. As such, a quantitative VMT analysis is required. As previously stated, a quantitative VMT analysis was prepared for the Project by JLB Traffic Engineering, Inc. dated November 18, 2022 (Appendix D). Based on the analysis, the Project is expected to yield an average of 9.5 VMT per capita which is within the City of Fresno’s VMT threshold of 14.0 VMT per capita for residential land uses. Therefore, the Project would not conflict with CEQA Guidelines Section 15064.3(b) and impacts would be less than significant. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. The Project design does not contain any geometric design features that would create hazards. Implementation of the Project would not require the improvement and expansion of the roadway network serving the Project site. The site would be accessible via one (1) point of ingress/egress on North Armstrong Avenue INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 154 with a gated entry. An inside/outside turning radius is also proposed per City of Fresno Standards for fire and solid waste vehicle access. Further, as indicated in the Trip Generation Analysis, the Project would not generate new peak hour trips at a level that would cause intersections to operate at an unacceptable LOS. In addition, the Project would be required to submit Public Improvement Plans through the Building Permit process for review and approval by the City to ensure offsite improvements would be consistent with adopted City of Fresno Public Works Standards, Specifications, and the approved street plans. Compliance with such standards, specifications, and plans would ensure that any traffic hazards are minimized. Lastly, the Project proposes a residential development of a site that is planned and zoned for residential use within an area comprising existing and planned residential uses. Therefore, the Project does not propose an incompatible use because it is consistent with the existing development in the area and is similar in nature to the surrounding uses. As a result, implementation of the Project would result in a less than significant impact related to hazards due to roadway design features or incompatible uses. d) Result in inadequate emergency access? Less than Significant Impact. The Project does not involve a change to any emergency response plan. In addition, the City’s Engineering Department and Fire Department have reviewed the Project and imposed standard conditions to ensure adequate site access including emergency access in addition to adequately sized emergency access lanes to accommodate emergency vehicles. In the case that Project construction requires lane closures, access through North Armstrong Avenue would be maintained through standard traffic control and therefore, potential lane closures would not affect emergency evacuation plans. Thus, a less than significant impact would occur because of the Project. 4.17.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 155 4.18 TRIBAL CULTURAL RESOURCES Would the project: Cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in PRC section 5020.1(k), or, X b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC section 5024.1. In applying the criteria set forth in subdivision (c) of PRC section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X 4.18.1 Environmental Setting See Section 4.5 Cultural Resources. 4.18.2 Impact Assessment Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or Less than Significant Impact with Mitigation Incorporated. As discussed in Section 4.5, the Project site does not contain any property or site features that are eligible for listing in the California Register of Historical Sources, or in a local register of historical resources as defined in PRC Section 5020.1(k). Nevertheless, there is some possibility that a non-visible, buried site may exist and may be uncovered during ground disturbing construction activities which would constitute a significant impact. As such, implementation of Mitigation Measure CUL-1 as described in Section 4.5 would reduce any impacts to less than significant. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 156 b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than Significant Impact with Mitigation Incorporated. The Project site has not been determined by the City of Fresno to be a significant resource pursuant to Public Resources Code Section 5024.1 and to-date, no substantial information has been provided to the city to indicate otherwise. However, there is some possibility that a non- visible, buried site may exist and may be uncovered during ground disturbing construction activities which would constitute a significant impact. Implementation of Mitigation Measure CUL-1 and Mitigation Measure CUL-2 as described in Section 4.5 would reduce any impacts to less than significant. 4.18.3 Mitigation Measures The proposed project shall implement and incorporate, as applicable, the tribal cultural resources related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated June 2023. Mitigation Measure CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical res ources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City‐ approved institution or person who is capable of providing long‐term preservation to allow future scientific study. (PEIR Mitigation Measure CUL-1.1) INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 157 4.19 UTILITIES AND SERVICE SYSTEMS Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effect? X b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? X c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? X e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? X 4.19.1 Environmental Setting The Project site as it currently exists is developed, containing existing structures and on- and off-site improvements including drive approaches, curb, gutter, and overhead utilities along North Armstrong Avenue. There are approximately five existing structures including a 1,918 -square foot single-family residence (built circa 1962), garage, and storage sheds. The site is connected to water, wastewater, and stormwater services. Natural gas, electricity, and telecommunications are provided by private companies. Each utility system is described below. Water Water supply, usage, and services are described in Section 4.10 Hydrology and Water Quality. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 158 Wastewater The City of Fresno Wastewater Management Division (WMD) is responsible for the collection, conveyance, treatment, and reclamation of wastewater generated in the Fresno-Clovis metropolitan area. Wastewater treatment and disposal is handled through the City-operated Regional Sewer Agency for the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) North Fresno Wastewater Reclamation Facility (North Facility) via a wastewater collection system that consists of gravity sewer pipes, manholes, lift stations, junction stru ctures, and force mains. The nearest sanitary sewer main to serve the proposed Project is an eight-inch sewer main located in North Armstrong Avenue. New connections are subject to Sewer Connection Charges pursuant to Fresno Municipal Code Section 6-304 and 6-305. Solid Waste Solid waste in the city is collected by a Commercial Solid Waste Franchisee, Mid Valley Disposal. Stormwater Stormwater services are described in Section 4.10 Hydrology and Water Quality. Natural Gas and Electricity PG&E, the natural gas and electric service provider for the area, incrementally expands and updates its service system as needed to serve its users. PG&E has existing overhead electric distribution facilities currently servicing the Project site. Telecommunications Accordingly, telecommunications providers in the area incrementally expand and update their service systems in response to usage and demand. Upon request, the site would be connected to existing broadband infrastructure and subject to applicable connection and service fees. 4.19.2 Impact Assessment Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant Impact. The Project site is within city limits and thus, would be required to connect to water, stormwater, solid waste, and wastewater services. Natural gas, electricity, and telecommunications would be provided by private companies including PG&E and Mid Valley Disposal. The City has reviewed the Project to determine adequate capacity in these systems and ensure compliance with applicable connection requirements. In addition to connections to water, stormwater, solid waste, and wastewater services, the Project would be served by PG&E for natural gas and electricity and by the appropriate telecommunications provider for the Project Area. Therefore, all wet and dry public utilities, facilities, and infrastructure are in place and available to serve the Project site without the need for relocated, new, or expanded facilities. While new utility and service connections would need to be extended to and from the Project site (e.g., sewer, stormwater runoff, electrical), these new connections would not result in a need to modify the larger off-site infrastructure. Therefore, the Project would not require or INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 159 result in the relocation or construction of new or expanded facilities and as such, and impact would be less than significant. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. As discussed in detail in Section 4.10, the City’s long-term water resource planning is addressed in the City’s 2020 UWMP. As concluded in Section 4.10, it can be presumed that that existing groundwater water supplies should be adequate to serve the Project’s anticipated demand. Regarding water supply availability, the City manages its surface water and groundwater supply by maximizing water for potable use and intentional recharge during wet and normal years and relies on groundwater during dry years. To optimize water supply reliability and resiliency, the City is currently undergoing an u pdate of its Metro Plan which will identify projects and programs. Generally, the City’s approach is to maximize local supplies and improve the storage of the groundwater basin through recharge, recycled water usage, and conservation. The UWMP projects normal water year, single dry water year, and five-year consecutive drought period supplies based on historic water allocations, sustainable yields, and utilization of recycled water. Based on these projections, the UWMP found that groundwater supplies remain reliable in all hydrologic conditions, attributing the stability to intentional recharge. The projections also show that the City will have greater than 100,000 AF available supply in normal years after meeting demands. In a single dry year, surface water supplies will be reduced but the City would still be able to meet all potable demands. Lastly, for five-year consecutive drought periods, the City is projected to meet all demands with its existing supplies with reduced groundwater recharge in year three and four to accommodate reduced surface water allocations. Based on these projections, it can be inferred that future development, such as the proposed Project, will not negatively impact the City’s ability to provide water assuming adherence to requirements and recommendations from the City’s water resources planning efforts. Overall, based on the information collected from the UWMP, the Project would not generate significantly greater water demand as to substantially decrease groundwater supplies. As a result, it can be presumed that the existing and planned water distribution system should be adequate to serve the Project during normal, dry, and multiple dry years. In addition, adherence to connection requirements and recommendations pursuant to the City’s water supply planning efforts (i.e., compliance with California Plumbing Code, efficient appliances, efficient landscaping, etc.) should not negatively impact the City’s water provision. For these reasons, a less than significant impact would occur as a result of the Project. c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Less than Significant Impact. The City’s long-term wastewater planning is addressed in the City’s Wastewater Collection System Master Plan Update (Master Plan).41 Land use types are important to determine projected demand and adequate sizing and capacity for pipes and facilities to maintain effective sanitary sewer system 41 City of Fresno (2015). Wastewater Collection System Master Plan Update. Accessed December 13, 2022, https://www.fresno.gov/publicutilities/wp- content/uploads/sites/16/2020/09/2015CollectionSystemMasterPlanUpdate2015FINAL.pdf INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 160 facilities. The land use assumptions in the Master Plan were based on the General Plan and projected future development within the City’s proposed growth boundary. The Master Plan estimates the future quantity of wastewater generated at build out of the collections system. Wastewater flows associated with build out are projected to be approximately 129.9 millions of gallons per day (mgd). The Project proposes a GPA to change the planned land use designation from Residential – Low Density to Residential – Medium Density. Therefore, as a higher density residential development, the Project is anticipated to generate additional wastewater beyond existing conditions. As shown in Table 5.5 of the Master Plan, the Low Density (1-3 dwelling units per acre) residential land use type is projected to generate a wastewater flow coefficient (gpd/ac) of 600 gpd/ac and the Medium High Density (12-16 dwelling units per acre) residential land use type is projected to generate 2,800 gpd/ac. Table 4-24 summarizes the total wastewater flows to be expected for the Project. However, payment of Sewer Connection Charges and ongoing user fees would ensure that the Project’s impacts on existing wastewater facilities are adequately offset (i.e., ensuring that sufficient capacity is available). Table 4-24 Summary of Total Wastewater Flows by Land Use Land Use Type Area (ac) Wastewater Flow Coefficient (gpd/ac) Daily Average (GPD) Low Density Residential 4.2 600 2,520 Medium Density Residential 4.2 2,800 11,760 Source: City of Fresno, Wastewater Collection System Master Plan Update According to the Master Plan, the City manages and maintains more than 1,500 miles of gravity sewer lines up to 84-inches in diameter, 15 active lift stations, and associated force mains. Wastewater generated in the sewer service area is conveyed to the RWRF or the North Facility. As of 2020, the RWRF has a capacity of 91.5 mgd (millions of gallons per day) and the North Facility has a capacity of 0.17 mgd (daily average flow). Expansion of these facilities is planned for 2025 or later, based on capacity levels. The Master Plan also identifies “areas of change” and “areas of stability,” wherein “areas of change” are areas within the study area that will contribute to a net increase in wastewater flows into the collection system and “areas of sustainability” are the remaining land use areas within the current sewer service area that are assumed to remain unchanged at build out of the General Plan. The Project site is identified as an area of change by Figure 2.5 of the Master Plan and therefore, a net increase in wastewater flows into the collection system resulting from development in this area has been previously anticipated. Aerial imagery from the City of Fresno GIS Data Viewing Application for 2015 and 2023 indicates that a majority of parcels within the “areas of change” surrounding the Project site have been developed or are currently being developed with single-family residential subdivisions. Based on this development, it is likely that the Project Area inclusive of the Project site is now within an existing sewer service area. This is further evidenced by the presence of an existing eight-inch sewer main located in North Armstrong Avenue. According to review of the Project by the City of Fresno Department of Public Utilities, sanitary sewer facilities are available to service the site subject to installation of new sewer house branch(es) and payment of Sewer Connection Charges. Collectively, these facilities would convey wastewater generated from the Project. Therefore, the Project would not require the construction of new pipelines or facilities. In addition, the Project site is not within an area with deficient pipelines. According to the Master Plan, “in general, the City’s collection system has sufficient capacity to convey current PWWFs [Peak Wet Weather Flow] without INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 161 exceeding the established q/Q ratio [Peak Flow to Pipe Capacity Ratio]. However, there are a few areas where wet weather capacity restrictions are present and required mitigation. The location of these capacity deficient pipelines for current PWWF conditions are shown on Figure 6.1 in red.” As shown in Figure 6.1 of the Master Plan, there are no deficiencies identified in the Project Area and thus, no construction of new pipelines or facilities or improvements to existing pipelines or facilities would be required. In summary, the Project is anticipated to generate additional wastewater beyond existing conditions. However, there are existing facilities available to convey wastewater generated from the Project subject to the installation of a new sewer house branch(es) and payment of Sewer Connection Charges and ongoing user fees. Payment of the required Sewer Connection Charge and ongoing user fees would ensure that sufficient capacity is available and that the Project’s impacts on existing facilities are adequately offset. For these reasons, it can be determined that the wastewater treatment provider has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments. Therefore, the Project would have a less than significant impact. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact. The City of Fresno disposes municipal solid waste at the American Avenue Landfill (SWIS Number 10-AA-009). The American Avenue Landfill will continue operation until 2031. It currently has a maximum throughput of 2,200 tons per day, a remaining capacity of 29,358,535 cubic yards, and a maximum permit capacity of 32,700,000 cubic yards.42 The Fresno General Plan Public Utilities and Services Element contains policies addressing waste collection and service in compliance with the California Integrated Waste Management Act of 1989 (AB 939), which requires each jurisdiction in California to divert at least 50% of its waste stream away from landfills either through waste reduction, recycling, or other means. Construction CALGreen mandates locally permitted new residential building construction and demolition to recycle and/or salvage for reuse a minimum 65% of the nonhazardous construction and demolition de bris generated during the Project. Further, the recycling of construction and demolition materials is required for any City-issued building or demolition permit that generates at least eight cubic yards of material by volume. Therefore, the Project would be required to implement techniques to reduce and recycle waste during construction activities in accordance with mandatory requirements under CALGreen as implemented through the building permit process. Compliance would be ensured through the building permit process. Therefore, through compliance, solid waste generated through construction activities is not anticipated to generate solid waste in excess of state or local standards, in excess of the capacity of the local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Therefore, the Project would have a less than significant impact. Operations The Project is anticipated to generate 29.44 tons of solid waste per year (or 0.08 tons per day) as estimated by CalEEMod (Appendix A). The estimation accounts for compliance with AB 939. According to the review of the 42 California Department of Resources Recycling and Recovery (2023). “SWIS Facility/Site Search.” Accessed on February 27, 2023, https://www2.calrecycle.ca.gov/SolidWaste/Site/Search INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 162 Project by the City of Fresno Department of Public Utilities, solid waste and recycling services collectively shall equal or exceed a 2:1 ratio of two units per one cubic yard of service per week. Based on this, the 64 -unit development must have a minimum of 32 cubic yards of solid waste and recycling service per week. Solid waste generated through Project operations would account for less than 0.1 percent of the daily permitted throughput capacity of the landfill. As such, Project operations are not anticipated to generate solid waste in excess of state or local standards, in excess of the capacity of the local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Therefore, the Project would have a less than significant impact. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Less than Significant Impact. As described under criterion d), Project construction and operational activities that generate solid waste would be handled, transported, and disposed of in accordance with AB 939 and CALGreen regulations related to solid waste. As a multi-family development, the Project would also be subject to AB 341, the state’s mandatory commercial recycling law, AB 827, the state’s customer access to recycling law. AB 341 requires all businesses that generate four cubic yards or more of solid waste per week and multi-family properties with five or more units to arrange for recycling services. AB 827 requires recycling and organics recycling containers at the “front-of-house” to collect waste generated. These containers are required to be placed adjacent to trash containers and be visible, easily accessible, and clearly marked. Compliance would be ensured through the building permit process. Therefore, through compliance, the Project would comply with laws and regulations that would ensure impacts related to solid waste are reduced to less than significant levels. 4.19.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 163 4.20 WILDFIRE If located in or near state responsibility or lands classified as very high fire hazard severity zones, Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? X b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? X c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? X d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? X 4.20.1 Environmental Setting In general, Fresno is categorized as having little or no threat or moderate fire hazard, which can be attributed to its impervious surface areas. The area along the San Joaquin River bluff is an exception, as it is prone to wildfires due to steep terrain and native vegetation. The Project site comprises a relatively flat property within the city limits in an area comprising residential uses and is approximately 9.5 miles southeast of the San Joaquin River. In addition, the site nor the City of Fresno are identified by Cal Fire as being in a VHFHSZ. Rather, the city, inclusive of the Project site, is in an “area of local responsibility” that is an area of low fire risk.43 As an area of local responsibility, the Fresno Fire Department is responsible for providing fire protection services (See Section 4.15). 4.20.2 Impact Assessment If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? 43 Cal Fire, “FHSZ Viewer.” Accessed on December 13, 2022, https://egis.fire.ca.gov/FHSZ/ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 164 Less than Significant Impact. The Project would not impair access to the existing roadway network. Construction may require lane closure; however, these activities would be short-term and access through North Armstrong Avenue would be maintained through standard traffic control. Following construction, this roadway would continue to provide access to the site. Safe and convenient vehicular and pedestrian circulation would be provided in addition to adequate access for emergency vehicles. To determine and ensure adequate vehicular and pedestrian circulation and emergency vehicle access, the Project has been reviewed and conditioned by the City of Fresno Police Department and Fire Department for compliance with applicable code and regulations including applicable emergency response and evacuation plans. Therefore, the Project would not substantially impair any emergency response plan or emergency evacuation plan and no impact would occur. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No Impact. The Project site is located on a relatively flat property with minimal slope and is not in an area that is subject to strong prevailing winds or other factors that would exacerbate wildfire risks. The site is highly disturbed and is not located within a wildland (i.e., wild, uncultivated, and uninhabited land), which precludes the risk of wildfire. Further, the Project site is within an “area of local responsibility” and is not identified by Cal Fire to be in a VHFHSZ. For these reasons, no impact would occur as a result of this Project. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. The Project is located within city limits in an area with existing infrastructure such as roads and utilities that are maintained accordingly. As previously discussed, all proposed project components (including utilities, roadway, buildings, walls, and landscaping) would be located within the boundaries of the Project site and have been reviewed and/or conditioned by the City of Fresno for compliance with applicable codes and regulations. Through compliance, such infrastructure would not exacerbate fire risk or result in temporary or ongoing impacts to the environment and no impact would occur. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. The city inclusive of the Project site is not located in or near state responsibility or lands classified as very high fire hazard severity zones. The topography of the Project site is relatively flat with stable, native soils, and the site is not in the immediate vicinity of rivers or creeks that would be more susceptible to landslides. Therefore, no impact would occur because of the Project. 4.20.3 Mitigation Measures None required. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 165 4.21 MANDATORY FINDINGS OF SIGNIFICANCE Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X 4.21.1 Impact Assessment a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? Less than Significant Impact with Mitigation Incorporated. The analyses of environmental issues contained in this Initial Study indicate that the Project is not expected to have substantial impact on the environment or on any resources identified in the Initial Study. Standard requirements that will be implemented through the entitlement process and the attached mitigation monitoring and reporting program have been incorporated in the project to reduce all potentially significant impacts to less than significant , including Mitigation Measures AES-1, AES-2, AES- INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 166 3, CUL-1, CUL-1, NOI-1, and NOI-2. Therefore, the Project would have a less than significant impact with mitigation incorporated. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less than Significant Impact. CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. Due to the nature of the Project including its relatively small size and consistency with environmental policies, incremental contributions to impacts are considered less than cumulatively considerable. All Project-related impacts were determined to be less than significant. The Project would not contribute substantially to adverse cumulative conditions, or create any substantial indirect impacts (i.e., increase in population could lead to an increased need for housing, increase in traffic, air pollutants, etc.). As such, Project impacts are not considered to be cumulatively considerable given the insignificance of project induced impacts. The impact is therefore less than significant. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant Impact. The analyses of environmental issues contained in this Initial Study indicate that the project is not expected to have substantial impact on human beings, either directly or indirectly. Standard requirements and conditions have been incorporated in the project to reduce all potentially significant impacts to less than significant. Therefore, the Project would have a less than significant impact. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 167 5 MITIGATION MONITORING AND REPORTING PROGRAM This mitigation monitoring and reporting checklist was prepared for General Plan Amendment/Rezone/Development Permit Application No. P22-02376 for the proposed Armstrong Apartments (“Project”) and is dated June 2023. The checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the Public Resources Code (PRC). The timing of implementing each mitigation measure is identified in in the checklist, as well as identifies the entity responsible for verifying that the mitigation measures applied to a project are performed. The Project Applicant is responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Fresno is responsible for verifying that mitigation is performed/completed. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 168 Mitigation Monitoring and Reporting Checklist For Plan Amendment – Rezone No. P22-04389 / Development Permit Application No. P22-02079 Dated June 2023 INCORPORATING MEASURES FROM THE PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) CERTIFIED FOR THE CITY OF FRESNO GENERAL PLAN UPDATE (SCH No. 2012111015) Mitigation Measures Timing of Verification Compliance Verified By Verification of Completion Date Initials Aesthetics AES-1: Lighting for Street and Parking Areas. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. (PEIR Mitigation Measure AES-4.1) Verification comments: Lighting systems to be confirmed during plan check, prior to issuance of building permits Public Works Department (PW) and Planning and Development Department AES-2: Signage Lighting. Lighting systems for freestanding signs shall not exceed 100-foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets that have an average light intensity of 2.0 horizontal footcandles or greater. (PEIR Mitigation Measure AES-4.4) Verification comments: Lighting systems to be confirmed during plan check, prior to issuance of building permits PW and Planning and Development Department AES-3: Use of Non-Reflective Materials. Materials used on building facades shall be non‐reflective. (PEIR Mitigation Measure AES-4.5) Verification comments: Lighting systems to be confirmed during plan check, prior to issuance of building permits PW and Planning and Development Department INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 169 Cultural Resources CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the find s in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City‐approved institution or person who is capable of providing long‐term preservation to allow future scientific study. (PEIR Mitigation Measure CUL-1.1) Verification comments: Planning and Development Department to review contract specifications to ensure inclusion of provisions included in project-specific mitigation measure. Following discovery of previously unknown resource, a qualified historical resources specialist shall prepare recommendations and submit to the Planning and Development Department. Timing for recommendations shall be established by project-specific mitigation measure. Planning and Development Department CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to Planning and Development Department to review construction specifications to ensure inclusion of provisions included in mitigation measure. Planning and Development Department INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 170 PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. (PEIR Mitigation Measure CUL-3) Verification comments: Geology and Soils See CUL-2 Noise NOI-1: Interior Noise Insultation. Mechanical ventilation or air conditioning must be provided for all units so that windows and doors can remain closed for sound insulation purposes. Verification comments: Mechanical systems to be confirmed during plan check, prior to issuance of building permits Public Works Department (PW) and Planning and Development Department NOI-2: Construction Vibration. The use of heavy construction equipment within 25 feet of existing structures shall be prohibited. (PEIR Mitigation Measure NOI-2) Verification comments: Prior to issuance of any grading or construction permits, the Planning and Development Department shall ensure that project construction specifications Planning and Development Department prohibit heavy construction within 25 feet of existing structures. Tribal Cultural Resources See CUL-1 and CUL-2 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 171 6 REPORT PREPARATION Names of Persons Who Prepared or Participated in the Initial Study: Lead Agency Lead Agency City of Fresno, Planning and Development Department 2600 Fresno Street, 3rd Floor Fresno, CA 93721 Steven Lieng, Planner Initial Study Consultant Initial Study Precision Civil Engineering, Inc. 1234 O Street Fresno, CA 93721 (559) 449-4500 Bonique Emerson, AICP, VP of Planning Jenna Chilingerian, AICP, Senior Associate Planner Shin Tu, AICP Candidate, Associate Planner Acoustical Analysis Acoustical Analysis WJV Acoustics, Inc. 113 N. Church Street, Suite 203 Visalia, California 93291 (559) 627-4923 Walter J Van Groningen, President Historic Review Historical Review Karana Hattersley-Drayton, M.A. 4110 N. Maroa Avenue Fresno, CA 93704 karanadrayton@comcast.net Karana Hattersley-Drayton, M.A., Architectural Historian Vehicle Miles Traveled Analysis Vehicle Miles Traveled Analysis JLB Traffic Engineering, Inc. 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 317-6249 Jose Luis Benavides, P.E., T.E., President INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 172 APPENDICIES 6.1 Appendix A: CalEEMod Output Files Prepared by Precision Civil Engineering, Inc., dated February 2023. Armstrong Apartments – 2005 Assumptions: • This modeling includes 64 residential units. The Low-rise Apartments land use type is used for modeling purposes. • All CalEEMod default numbers were used. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 173 Armstrong Apartments – proposed Project Assumptions: • The proposed Project includes 64 residential units. The Low -rise Apartments land use type is used for modeling purposes. • Effective January 1, 2022, nonflat gloss and semigloss paints are requi red to meet the 50 g/l standard, providing lower VOC emissions for buildings constructed after that date. Therefore, the analysis uses the 50 g/l emission factor for the analysis. • Trip Generation Rate: Updated Trip Rate to match with ITE 11 edition. • H-W (Home to Work) Vehicle Trips: assume 9.5-mile length trips. See Transportation Section for VMT generation. • H-S (Home to Shop) Vehicle Trips: assume 2-mile length trips since there are three grocery stores approximately two miles from the Project site. Other services within two miles of the site include Dollar Tree, Starbucks, and several restaurants. • H-O (Home to Other) Vehicle Trips: assume 1-mile length trips since trips for recreational purposes that can be provided by the apartment's amenities (swimming pool, gym, etc.) and within 1 miles (Belterra Park, Melody Park, Swim School, Elementary School, etc.). • Energy Use: The buildings exceed Title 24 Energy Compliance Standards by 2% to 7%. As such, for modeling purposes, Title 24 electricity and natural gas energy intensity has a 7% decrease compared to the default value. • Water and Wastewater: The Project exceeds the requirements of the State Water Efficient Landscape Ordinance (WELO) as called for in the 2019 CGBC by 8%. As such, outdoor water use is has a 8% decrease compared to the default value. • Mitigation – Area: It is assumed that the Project would have no hearth. • Mitigation – Traffic: The Project proposes the increase of residential density and pedestrian improvements on and connecting off-site. For commute trip reduction, the Project assumes that 20% people work from home, thus 20% trips are reduced. • Mitigation – Energy: The Project exceeds Title 24 Energy Compliance Standards by 2% to 7%. In addition, the Renewable Electricity Standard requires that electricity providers include a minimum of 33 percent renewable energy in their portfolios by the year 2020. • Mitigation – Water: The Project includes the installation of low-flow indoor appliances. Regarding outdoor water use, the project exceeds the requirements of the State Water Efficient Landscape Ordinance (MWELO) as called for in the 2019 CGBC by 8%. • Mitigation – Solid Waste: The Project will recycle 50% of the solid waste in compliance with state requirements. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 174 Armstrong Apartments – 2030 Assumptions: • All assumptions for the proposed Project is included in the 2030 modeling. • In addition, per SB 110, the utilities in California will be required to increase the use of renewable energy sources to 60 percent by 2030. Armstrong Apartments - 2005 San Joaquin Valley Unified APCD Air District, Annual Project Characteristics - Land Use - total acreage of project site is 4.2 ac 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Apartments Low Rise 64.00 Dwelling Unit 4.20 64,000.00 203 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.7 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics 2.0 Emissions Summary Utility Company Pacific Gas and Electric Company 2005Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) Table Name Column Name Default Value New Value tblLandUse LotAcreage 4.00 4.20 tblWoodstoves NumberCatalytic 4.20 0.00 tblWoodstoves NumberNoncatalytic 4.20 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 1 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied JL -S_X -L X !!4!!4 i 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2004 1.3181 7.1507 4.3970 0.0443 0.1269 0.5171 0.6440 0.0522 0.5165 0.5687 0.0000 434.8650 434.8650 0.1061 0.0112 440.8605 2005 1.0601 0.3636 0.2086 2.4600e- 003 2.2900e- 003 0.0261 0.0284 6.1000e- 004 0.0261 0.0267 0.0000 23.8163 23.8163 4.8100e- 003 3.1000e- 004 24.0283 Maximum 1.3181 7.1507 4.3970 0.0443 0.1269 0.5171 0.6440 0.0522 0.5165 0.5687 0.0000 434.8650 434.8650 0.1061 0.0112 440.8605 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2004 1.3181 7.1507 4.3970 0.0443 0.1269 0.5171 0.6440 0.0522 0.5165 0.5687 0.0000 434.8646 434.8646 0.1061 0.0112 440.8600 2005 1.0601 0.3636 0.2086 2.4600e- 003 2.2900e- 003 0.0261 0.0284 6.1000e- 004 0.0261 0.0267 0.0000 23.8162 23.8162 4.8100e- 003 3.1000e- 004 24.0283 Maximum 1.3181 7.1507 4.3970 0.0443 0.1269 0.5171 0.6440 0.0522 0.5165 0.5687 0.0000 434.8646 434.8646 0.1061 0.0112 440.8600 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 2 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2004 3-31-2004 2.3831 2.3831 2 4-1-2004 6-30-2004 2.0068 2.0068 3 7-1-2004 9-30-2004 2.0289 2.0289 4 10-1-2004 12-31-2004 2.0402 2.0402 5 1-1-2005 3-31-2005 1.4713 1.4713 Highest 2.3831 2.3831 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.3767 0.0314 0.5613 1.8000e- 004 4.2600e- 003 4.2600e- 003 4.2600e- 003 4.2600e- 003 0.0000 28.5015 28.5015 1.7700e- 003 5.1000e- 004 28.6974 Energy 4.7100e- 003 0.0403 0.0171 2.6000e- 004 3.2500e- 003 3.2500e- 003 3.2500e- 003 3.2500e- 003 0.0000 71.0704 71.0704 4.8500e- 003 1.3300e- 003 71.5893 Mobile 0.8808 2.3822 10.1999 0.0160 0.5085 0.0491 0.5576 0.1363 0.0467 0.1830 0.0000 683.5394 683.5394 0.0944 0.0772 708.9125 Waste 0.0000 0.0000 0.0000 0.0000 5.9761 0.0000 5.9761 0.3532 0.0000 14.8054 Water 0.0000 0.0000 0.0000 0.0000 1.3229 2.9389 4.2618 0.1364 3.2700e- 003 8.6438 Total 1.2622 2.4539 10.7783 0.0165 0.5085 0.0566 0.5651 0.1363 0.0542 0.1905 7.2990 786.0503 793.3493 0.5905 0.0823 832.6484 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 3 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.3767 0.0314 0.5613 1.8000e- 004 4.2600e- 003 4.2600e- 003 4.2600e- 003 4.2600e- 003 0.0000 28.5015 28.5015 1.7700e- 003 5.1000e- 004 28.6974 Energy 4.7100e- 003 0.0403 0.0171 2.6000e- 004 3.2500e- 003 3.2500e- 003 3.2500e- 003 3.2500e- 003 0.0000 71.0704 71.0704 4.8500e- 003 1.3300e- 003 71.5893 Mobile 0.8808 2.3822 10.1999 0.0160 0.5085 0.0491 0.5576 0.1363 0.0467 0.1830 0.0000 683.5394 683.5394 0.0944 0.0772 708.9125 Waste 0.0000 0.0000 0.0000 0.0000 5.9761 0.0000 5.9761 0.3532 0.0000 14.8054 Water 0.0000 0.0000 0.0000 0.0000 1.3229 2.9389 4.2618 0.1364 3.2700e- 003 8.6438 Total 1.2622 2.4539 10.7783 0.0165 0.5085 0.0566 0.5651 0.1363 0.0542 0.1905 7.2990 786.0503 793.3493 0.5905 0.0823 832.6484 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 1/1/2004 1/28/2004 5 20 2 Site Preparation Site Preparation 1/29/2004 2/4/2004 5 5 3 Grading Grading 2/5/2004 2/16/2004 5 8 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 4 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 2/17/2004 1/3/2005 5 230 5 Paving Paving 1/4/2005 1/27/2005 5 18 6 Architectural Coating Architectural Coating 1/28/2005 2/22/2005 5 18 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 2 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Building Construction Cranes 1 7.00 231 0.29 Demolition Excavators 3 8.00 158 0.38 Grading Excavators 1 8.00 158 0.38 Building Construction Forklifts 3 8.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Grading Graders 1 8.00 187 0.41 Paving Pavers 1 8.00 130 0.42 Paving Paving Equipment 2 6.00 132 0.36 Paving Rollers 2 6.00 80 0.38 Demolition Rubber Tired Dozers 2 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Site Preparation Rubber Tired Dozers 3 8.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37 Residential Indoor: 129,600; Residential Outdoor: 43,200; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 7.5 Acres of Grading (Grading Phase): 8 Acres of Paving: 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 5 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.2 Demolition - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1020 0.7704 0.2922 4.4200e- 003 0.0438 0.0438 0.0438 0.0438 0.0000 39.7218 39.7218 8.3100e- 003 0.0000 39.9295 Total 0.1020 0.7704 0.2922 4.4200e- 003 0.0438 0.0438 0.0438 0.0438 0.0000 39.7218 39.7218 8.3100e- 003 0.0000 39.9295 Unmitigated Construction On-Site 3.1 Mitigation Measures Construction Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Building Construction Welders 1 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 46.00 7.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 8 20.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 9.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 6 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 i i i i i i i i i i i i i i i i i i i i i i i i i i■i :i i i i i i i i i i i i i■■ ■ 3.2 Demolition - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.5300e- 003 4.7600e- 003 0.0338 2.0000e- 005 1.2000e- 003 5.0000e- 005 1.2500e- 003 3.2000e- 004 5.0000e- 005 3.7000e- 004 0.0000 1.4041 1.4041 2.8000e- 004 2.2000e- 004 1.4780 Total 3.5300e- 003 4.7600e- 003 0.0338 2.0000e- 005 1.2000e- 003 5.0000e- 005 1.2500e- 003 3.2000e- 004 5.0000e- 005 3.7000e- 004 0.0000 1.4041 1.4041 2.8000e- 004 2.2000e- 004 1.4780 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1020 0.7704 0.2922 4.4200e- 003 0.0438 0.0438 0.0438 0.0438 0.0000 39.7218 39.7218 8.3100e- 003 0.0000 39.9295 Total 0.1020 0.7704 0.2922 4.4200e- 003 0.0438 0.0438 0.0438 0.0438 0.0000 39.7218 39.7218 8.3100e- 003 0.0000 39.9295 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 7 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* -* ;: 3.2 Demolition - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.5300e- 003 4.7600e- 003 0.0338 2.0000e- 005 1.2000e- 003 5.0000e- 005 1.2500e- 003 3.2000e- 004 5.0000e- 005 3.7000e- 004 0.0000 1.4041 1.4041 2.8000e- 004 2.2000e- 004 1.4780 Total 3.5300e- 003 4.7600e- 003 0.0338 2.0000e- 005 1.2000e- 003 5.0000e- 005 1.2500e- 003 3.2000e- 004 5.0000e- 005 3.7000e- 004 0.0000 1.4041 1.4041 2.8000e- 004 2.2000e- 004 1.4780 Mitigated Construction Off-Site 3.3 Site Preparation - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0280 0.2008 0.0769 1.1200e- 003 0.0126 0.0126 0.0126 0.0126 0.0000 10.0012 10.0012 2.2800e- 003 0.0000 10.0582 Total 0.0280 0.2008 0.0769 1.1200e- 003 0.0491 0.0126 0.0618 0.0253 0.0126 0.0379 0.0000 10.0012 10.0012 2.2800e- 003 0.0000 10.0582 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 8 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied -* -* 3.3 Site Preparation - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.0600e- 003 1.4300e- 003 0.0101 1.0000e- 005 3.6000e- 004 2.0000e- 005 3.8000e- 004 1.0000e- 004 1.0000e- 005 1.1000e- 004 0.0000 0.4212 0.4212 8.0000e- 005 7.0000e- 005 0.4434 Total 1.0600e- 003 1.4300e- 003 0.0101 1.0000e- 005 3.6000e- 004 2.0000e- 005 3.8000e- 004 1.0000e- 004 1.0000e- 005 1.1000e- 004 0.0000 0.4212 0.4212 8.0000e- 005 7.0000e- 005 0.4434 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0280 0.2008 0.0769 1.1200e- 003 0.0126 0.0126 0.0126 0.0126 0.0000 10.0011 10.0011 2.2800e- 003 0.0000 10.0582 Total 0.0280 0.2008 0.0769 1.1200e- 003 0.0491 0.0126 0.0618 0.0253 0.0126 0.0379 0.0000 10.0011 10.0011 2.2800e- 003 0.0000 10.0582 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 9 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied -* -* 3.3 Site Preparation - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.0600e- 003 1.4300e- 003 0.0101 1.0000e- 005 3.6000e- 004 2.0000e- 005 3.8000e- 004 1.0000e- 004 1.0000e- 005 1.1000e- 004 0.0000 0.4212 0.4212 8.0000e- 005 7.0000e- 005 0.4434 Total 1.0600e- 003 1.4300e- 003 0.0101 1.0000e- 005 3.6000e- 004 2.0000e- 005 3.8000e- 004 1.0000e- 004 1.0000e- 005 1.1000e- 004 0.0000 0.4212 0.4212 8.0000e- 005 7.0000e- 005 0.4434 Mitigated Construction Off-Site 3.4 Grading - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0333 0.2381 0.0918 1.4000e- 003 0.0150 0.0150 0.0150 0.0150 0.0000 12.4819 12.4819 2.7100e- 003 0.0000 12.5495 Total 0.0333 0.2381 0.0918 1.4000e- 003 0.0283 0.0150 0.0433 0.0137 0.0150 0.0287 0.0000 12.4819 12.4819 2.7100e- 003 0.0000 12.5495 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 10 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* -* 3.4 Grading - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.4100e- 003 1.9000e- 003 0.0135 1.0000e- 005 4.8000e- 004 2.0000e- 005 5.0000e- 004 1.3000e- 004 2.0000e- 005 1.5000e- 004 0.0000 0.5616 0.5616 1.1000e- 004 9.0000e- 005 0.5912 Total 1.4100e- 003 1.9000e- 003 0.0135 1.0000e- 005 4.8000e- 004 2.0000e- 005 5.0000e- 004 1.3000e- 004 2.0000e- 005 1.5000e- 004 0.0000 0.5616 0.5616 1.1000e- 004 9.0000e- 005 0.5912 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0333 0.2381 0.0918 1.4000e- 003 0.0150 0.0150 0.0150 0.0150 0.0000 12.4818 12.4818 2.7100e- 003 0.0000 12.5495 Total 0.0333 0.2381 0.0918 1.4000e- 003 0.0283 0.0150 0.0433 0.0137 0.0150 0.0287 0.0000 12.4818 12.4818 2.7100e- 003 0.0000 12.5495 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 11 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied -* -* 3.4 Grading - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.4100e- 003 1.9000e- 003 0.0135 1.0000e- 005 4.8000e- 004 2.0000e- 005 5.0000e- 004 1.3000e- 004 2.0000e- 005 1.5000e- 004 0.0000 0.5616 0.5616 1.1000e- 004 9.0000e- 005 0.5912 Total 1.4100e- 003 1.9000e- 003 0.0135 1.0000e- 005 4.8000e- 004 2.0000e- 005 5.0000e- 004 1.3000e- 004 2.0000e- 005 1.5000e- 004 0.0000 0.5616 0.5616 1.1000e- 004 9.0000e- 005 0.5912 Mitigated Construction Off-Site 3.5 Building Construction - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.9990 5.5260 2.5601 0.0348 0.4344 0.4344 0.4344 0.4344 0.0000 300.9759 300.9759 0.0814 0.0000 303.0099 Total 0.9990 5.5260 2.5601 0.0348 0.4344 0.4344 0.4344 0.4344 0.0000 300.9759 300.9759 0.0814 0.0000 303.0099 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 12 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* -* ;: 3.5 Building Construction - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0259 0.2401 0.1313 1.7100e- 003 5.3100e- 003 9.3200e- 003 0.0146 1.5400e- 003 8.9100e- 003 0.0105 0.0000 19.9965 19.9965 1.2700e- 003 2.9400e- 003 20.9041 Worker 0.1239 0.1672 1.1872 7.8000e- 004 0.0421 1.8400e- 003 0.0440 0.0112 1.7100e- 003 0.0129 0.0000 49.3010 49.3010 9.7500e- 003 7.8900e- 003 51.8967 Total 0.1498 0.4073 1.3185 2.4900e- 003 0.0474 0.0112 0.0586 0.0127 0.0106 0.0234 0.0000 69.2975 69.2975 0.0110 0.0108 72.8008 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.9990 5.5260 2.5601 0.0348 0.4344 0.4344 0.4344 0.4344 0.0000 300.9755 300.9755 0.0814 0.0000 303.0095 Total 0.9990 5.5260 2.5601 0.0348 0.4344 0.4344 0.4344 0.4344 0.0000 300.9755 300.9755 0.0814 0.0000 303.0095 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 13 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* -* ;: 3.5 Building Construction - 2004 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0259 0.2401 0.1313 1.7100e- 003 5.3100e- 003 9.3200e- 003 0.0146 1.5400e- 003 8.9100e- 003 0.0105 0.0000 19.9965 19.9965 1.2700e- 003 2.9400e- 003 20.9041 Worker 0.1239 0.1672 1.1872 7.8000e- 004 0.0421 1.8400e- 003 0.0440 0.0112 1.7100e- 003 0.0129 0.0000 49.3010 49.3010 9.7500e- 003 7.8900e- 003 51.8967 Total 0.1498 0.4073 1.3185 2.4900e- 003 0.0474 0.0112 0.0586 0.0127 0.0106 0.0234 0.0000 69.2975 69.2975 0.0110 0.0108 72.8008 Mitigated Construction Off-Site 3.5 Building Construction - 2005 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 3.7600e- 003 0.0207 0.0102 1.5000e- 004 1.7400e- 003 1.7400e- 003 1.7400e- 003 1.7400e- 003 0.0000 1.3143 1.3143 3.1000e- 004 0.0000 1.3220 Total 3.7600e- 003 0.0207 0.0102 1.5000e- 004 1.7400e- 003 1.7400e- 003 1.7400e- 003 1.7400e- 003 0.0000 1.3143 1.3143 3.1000e- 004 0.0000 1.3220 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 14 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* ■* ;: 3.5 Building Construction - 2005 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0000e- 004 9.6000e- 004 3.6000e- 004 1.0000e- 005 2.0000e- 005 4.0000e- 005 6.0000e- 005 1.0000e- 005 4.0000e- 005 4.0000e- 005 0.0000 0.0853 0.0853 0.0000 1.0000e- 005 0.0893 Worker 3.6000e- 004 4.7000e- 004 3.6800e- 003 0.0000 1.8000e- 004 0.0000 1.9000e- 004 5.0000e- 005 0.0000 5.0000e- 005 0.0000 0.2049 0.2049 3.0000e- 005 2.0000e- 005 0.2128 Total 4.6000e- 004 1.4300e- 003 4.0400e- 003 1.0000e- 005 2.0000e- 004 4.0000e- 005 2.5000e- 004 6.0000e- 005 4.0000e- 005 9.0000e- 005 0.0000 0.2902 0.2902 3.0000e- 005 3.0000e- 005 0.3020 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 3.7600e- 003 0.0207 0.0102 1.5000e- 004 1.7400e- 003 1.7400e- 003 1.7400e- 003 1.7400e- 003 0.0000 1.3143 1.3143 3.1000e- 004 0.0000 1.3220 Total 3.7600e- 003 0.0207 0.0102 1.5000e- 004 1.7400e- 003 1.7400e- 003 1.7400e- 003 1.7400e- 003 0.0000 1.3143 1.3143 3.1000e- 004 0.0000 1.3220 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 15 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied -* -* : 3.5 Building Construction - 2005 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0000e- 004 9.6000e- 004 3.6000e- 004 1.0000e- 005 2.0000e- 005 4.0000e- 005 6.0000e- 005 1.0000e- 005 4.0000e- 005 4.0000e- 005 0.0000 0.0853 0.0853 0.0000 1.0000e- 005 0.0893 Worker 3.6000e- 004 4.7000e- 004 3.6800e- 003 0.0000 1.8000e- 004 0.0000 1.9000e- 004 5.0000e- 005 0.0000 5.0000e- 005 0.0000 0.2049 0.2049 3.0000e- 005 2.0000e- 005 0.2128 Total 4.6000e- 004 1.4300e- 003 4.0400e- 003 1.0000e- 005 2.0000e- 004 4.0000e- 005 2.5000e- 004 6.0000e- 005 4.0000e- 005 9.0000e- 005 0.0000 0.2902 0.2902 3.0000e- 005 3.0000e- 005 0.3020 Mitigated Construction Off-Site 3.6 Paving - 2005 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0438 0.2976 0.1339 2.0100e- 003 0.0208 0.0208 0.0208 0.0208 0.0000 17.5888 17.5888 3.5800e- 003 0.0000 17.6783 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0438 0.2976 0.1339 2.0100e- 003 0.0208 0.0208 0.0208 0.0208 0.0000 17.5888 17.5888 3.5800e- 003 0.0000 17.6783 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 16 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied -* -* 3.6 Paving - 2005 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8100e- 003 3.6600e- 003 0.0288 2.0000e- 005 1.4400e- 003 4.0000e- 005 1.4700e- 003 3.8000e- 004 3.0000e- 005 4.2000e- 004 0.0000 1.6035 1.6035 2.3000e- 004 1.9000e- 004 1.6650 Total 2.8100e- 003 3.6600e- 003 0.0288 2.0000e- 005 1.4400e- 003 4.0000e- 005 1.4700e- 003 3.8000e- 004 3.0000e- 005 4.2000e- 004 0.0000 1.6035 1.6035 2.3000e- 004 1.9000e- 004 1.6650 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0438 0.2976 0.1339 2.0100e- 003 0.0208 0.0208 0.0208 0.0208 0.0000 17.5888 17.5888 3.5800e- 003 0.0000 17.6783 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0438 0.2976 0.1339 2.0100e- 003 0.0208 0.0208 0.0208 0.0208 0.0000 17.5888 17.5888 3.5800e- 003 0.0000 17.6783 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 17 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* -* ;: ;: 3.6 Paving - 2005 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8100e- 003 3.6600e- 003 0.0288 2.0000e- 005 1.4400e- 003 4.0000e- 005 1.4700e- 003 3.8000e- 004 3.0000e- 005 4.2000e- 004 0.0000 1.6035 1.6035 2.3000e- 004 1.9000e- 004 1.6650 Total 2.8100e- 003 3.6600e- 003 0.0288 2.0000e- 005 1.4400e- 003 4.0000e- 005 1.4700e- 003 3.8000e- 004 3.0000e- 005 4.2000e- 004 0.0000 1.6035 1.6035 2.3000e- 004 1.9000e- 004 1.6650 Mitigated Construction Off-Site 3.7 Architectural Coating - 2005 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 1.0012 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.7700e- 003 0.0385 0.0187 2.7000e- 004 3.4500e- 003 3.4500e- 003 3.4500e- 003 3.4500e- 003 0.0000 2.2979 2.2979 5.5000e- 004 0.0000 2.3118 Total 1.0079 0.0385 0.0187 2.7000e- 004 3.4500e- 003 3.4500e- 003 3.4500e- 003 3.4500e- 003 0.0000 2.2979 2.2979 5.5000e- 004 0.0000 2.3118 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 18 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* -* 3.7 Architectural Coating - 2005 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2700e- 003 1.6500e- 003 0.0130 1.0000e- 005 6.5000e- 004 2.0000e- 005 6.6000e- 004 1.7000e- 004 1.0000e- 005 1.9000e- 004 0.0000 0.7216 0.7216 1.0000e- 004 8.0000e- 005 0.7493 Total 1.2700e- 003 1.6500e- 003 0.0130 1.0000e- 005 6.5000e- 004 2.0000e- 005 6.6000e- 004 1.7000e- 004 1.0000e- 005 1.9000e- 004 0.0000 0.7216 0.7216 1.0000e- 004 8.0000e- 005 0.7493 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 1.0012 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.7700e- 003 0.0385 0.0187 2.7000e- 004 3.4500e- 003 3.4500e- 003 3.4500e- 003 3.4500e- 003 0.0000 2.2979 2.2979 5.5000e- 004 0.0000 2.3118 Total 1.0079 0.0385 0.0187 2.7000e- 004 3.4500e- 003 3.4500e- 003 3.4500e- 003 3.4500e- 003 0.0000 2.2979 2.2979 5.5000e- 004 0.0000 2.3118 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 19 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* ■* ;: ;: 3.7 Architectural Coating - 2005 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2700e- 003 1.6500e- 003 0.0130 1.0000e- 005 6.5000e- 004 2.0000e- 005 6.6000e- 004 1.7000e- 004 1.0000e- 005 1.9000e- 004 0.0000 0.7216 0.7216 1.0000e- 004 8.0000e- 005 0.7493 Total 1.2700e- 003 1.6500e- 003 0.0130 1.0000e- 005 6.5000e- 004 2.0000e- 005 6.6000e- 004 1.7000e- 004 1.0000e- 005 1.9000e- 004 0.0000 0.7216 0.7216 1.0000e- 004 8.0000e- 005 0.7493 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 20 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* ■* 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.8808 2.3822 10.1999 0.0160 0.5085 0.0491 0.5576 0.1363 0.0467 0.1830 0.0000 683.5394 683.5394 0.0944 0.0772 708.9125 Unmitigated 0.8808 2.3822 10.1999 0.0160 0.5085 0.0491 0.5576 0.1363 0.0467 0.1830 0.0000 683.5394 683.5394 0.0944 0.0772 708.9125 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Apartments Low Rise 468.48 520.96 401.92 1,351,740 1,351,740 Total 468.48 520.96 401.92 1,351,740 1,351,740 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Apartments Low Rise 10.80 7.30 7.50 45.60 19.00 35.40 86 11 3 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Apartments Low Rise 0.460863 0.082817 0.161996 0.175922 0.042775 0.006945 0.015814 0.020071 0.000747 0.000286 0.021199 0.001051 0.009516 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 21 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied I I I I I I I I I I I I 3 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 24.4620 24.4620 3.9600e- 003 4.8000e- 004 24.7039 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 24.4620 24.4620 3.9600e- 003 4.8000e- 004 24.7039 NaturalGas Mitigated 4.7100e- 003 0.0403 0.0171 2.6000e- 004 3.2500e- 003 3.2500e- 003 3.2500e- 003 3.2500e- 003 0.0000 46.6085 46.6085 8.9000e- 004 8.5000e- 004 46.8854 NaturalGas Unmitigated 4.7100e- 003 0.0403 0.0171 2.6000e- 004 3.2500e- 003 3.2500e- 003 3.2500e- 003 3.2500e- 003 0.0000 46.6085 46.6085 8.9000e- 004 8.5000e- 004 46.8854 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 22 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ■* - - * 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Apartments Low Rise 873409 4.7100e- 003 0.0403 0.0171 2.6000e- 004 3.2500e- 003 3.2500e- 003 3.2500e- 003 3.2500e- 003 0.0000 46.6085 46.6085 8.9000e- 004 8.5000e- 004 46.8854 Total 4.7100e- 003 0.0403 0.0171 2.6000e- 004 3.2500e- 003 3.2500e- 003 3.2500e- 003 3.2500e- 003 0.0000 46.6085 46.6085 8.9000e- 004 8.5000e- 004 46.8854 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Apartments Low Rise 873409 4.7100e- 003 0.0403 0.0171 2.6000e- 004 3.2500e- 003 3.2500e- 003 3.2500e- 003 3.2500e- 003 0.0000 46.6085 46.6085 8.9000e- 004 8.5000e- 004 46.8854 Total 4.7100e- 003 0.0403 0.0171 2.6000e- 004 3.2500e- 003 3.2500e- 003 3.2500e- 003 3.2500e- 003 0.0000 46.6085 46.6085 8.9000e- 004 8.5000e- 004 46.8854 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 23 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied I I:i.i. i. ii 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Apartments Low Rise 264386 24.4620 3.9600e- 003 4.8000e- 004 24.7039 Total 24.4620 3.9600e- 003 4.8000e- 004 24.7039 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Apartments Low Rise 264386 24.4620 3.9600e- 003 4.8000e- 004 24.7039 Total 24.4620 3.9600e- 003 4.8000e- 004 24.7039 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 24 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied iiii. ii k, ii I I I k,I l I ii I l I ii ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.3767 0.0314 0.5613 1.8000e- 004 4.2600e- 003 4.2600e- 003 4.2600e- 003 4.2600e- 003 0.0000 28.5015 28.5015 1.7700e- 003 5.1000e- 004 28.6974 Unmitigated 0.3767 0.0314 0.5613 1.8000e- 004 4.2600e- 003 4.2600e- 003 4.2600e- 003 4.2600e- 003 0.0000 28.5015 28.5015 1.7700e- 003 5.1000e- 004 28.6974 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.1001 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.2500 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 2.8000e- 003 0.0239 0.0102 1.5000e- 004 1.9400e- 003 1.9400e- 003 1.9400e- 003 1.9400e- 003 0.0000 27.7253 27.7253 5.3000e- 004 5.1000e- 004 27.8900 Landscaping 0.0238 7.4900e- 003 0.5511 3.0000e- 005 2.3300e- 003 2.3300e- 003 2.3300e- 003 2.3300e- 003 0.0000 0.7762 0.7762 1.2400e- 003 0.0000 0.8073 Total 0.3767 0.0314 0.5613 1.8000e- 004 4.2700e- 003 4.2700e- 003 4.2700e- 003 4.2700e- 003 0.0000 28.5015 28.5015 1.7700e- 003 5.1000e- 004 28.6974 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 25 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied -t 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.1001 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.2500 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 2.8000e- 003 0.0239 0.0102 1.5000e- 004 1.9400e- 003 1.9400e- 003 1.9400e- 003 1.9400e- 003 0.0000 27.7253 27.7253 5.3000e- 004 5.1000e- 004 27.8900 Landscaping 0.0238 7.4900e- 003 0.5511 3.0000e- 005 2.3300e- 003 2.3300e- 003 2.3300e- 003 2.3300e- 003 0.0000 0.7762 0.7762 1.2400e- 003 0.0000 0.8073 Total 0.3767 0.0314 0.5613 1.8000e- 004 4.2700e- 003 4.2700e- 003 4.2700e- 003 4.2700e- 003 0.0000 28.5015 28.5015 1.7700e- 003 5.1000e- 004 28.6974 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 26 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied -* -* ■* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 4.2618 0.1364 3.2700e- 003 8.6438 Unmitigated 4.2618 0.1364 3.2700e- 003 8.6438 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Apartments Low Rise 4.16986 / 2.62882 4.2618 0.1364 3.2700e- 003 8.6438 Total 4.2618 0.1364 3.2700e- 003 8.6438 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 27 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 1. tlIi. 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Apartments Low Rise 4.16986 / 2.62882 4.2618 0.1364 3.2700e- 003 8.6438 Total 4.2618 0.1364 3.2700e- 003 8.6438 Mitigated 8.1 Mitigation Measures Waste 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 5.9761 0.3532 0.0000 14.8054 Unmitigated 5.9761 0.3532 0.0000 14.8054 Category/Year CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 28 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied I i. 1. i. 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Apartments Low Rise 29.44 5.9761 0.3532 0.0000 14.8054 Total 5.9761 0.3532 0.0000 14.8054 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Apartments Low Rise 29.44 5.9761 0.3532 0.0000 14.8054 Total 5.9761 0.3532 0.0000 14.8054 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 29 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied k,II k.Ii.I1. il I k,I A.i i. 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 2/24/2023 7:46 AMPage 30 of 30 Armstrong Apartments - 2005 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Armstrong Apartments - proposed Project San Joaquin Valley Unified APCD Air District, Annual Project Characteristics - Land Use - total acreage of project site is 4.2 ac Architectural Coating - standard effective January 1, 2022 Vehicle Trips - Trip Rate per ITE 11th ed. Area Coating - Standard effective January 1, 2022 Energy Use - see analysis for assumptions Water And Wastewater - see analysis for assumptions Mobile Land Use Mitigation - Mobile Commute Mitigation - Area Mitigation - Standard effective January 1, 2022 Energy Mitigation - Water Mitigation - 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Apartments Low Rise 64.00 Dwelling Unit 4.20 64,000.00 203 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.7 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas and Electric Company 2024Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 1 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied JL -S_X -L X Waste Mitigation - 2.0 Emissions Summary Table Name Column Name Default Value New Value tblAreaMitigation UseLowVOCPaintResidentialExteriorValu e 150 50 tblAreaMitigation UseLowVOCPaintResidentialInteriorValu e 150 50 tblEnergyUse T24E 147.91 137.56 tblEnergyUse T24NG 9,924.02 9,229.34 tblLandUse LotAcreage 4.00 4.20 tblVehicleTrips HO_TL 7.50 1.00 tblVehicleTrips HS_TL 7.30 2.00 tblVehicleTrips HW_TL 10.80 9.50 tblVehicleTrips ST_TR 8.14 4.55 tblVehicleTrips SU_TR 6.28 3.86 tblVehicleTrips WD_TR 7.32 6.74 tblWater OutdoorWaterUseRate 2,628,823.29 2,418,517.43 tblWoodstoves NumberCatalytic 4.20 0.00 tblWoodstoves NumberNoncatalytic 4.20 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 2 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I -I I- !-!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! 4 mm 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.2328 2.0347 2.2918 4.2000e- 003 0.1265 0.0961 0.2226 0.0521 0.0902 0.1423 0.0000 366.6883 366.6883 0.0794 3.3300e- 003 369.6643 2024 0.6134 0.1067 0.1583 2.6000e- 004 2.7100e- 003 5.0700e- 003 7.7800e- 003 7.2000e- 004 4.7500e- 003 5.4700e- 003 0.0000 22.8006 22.8006 5.6400e- 003 9.0000e- 005 22.9677 Maximum 0.6134 2.0347 2.2918 4.2000e- 003 0.1265 0.0961 0.2226 0.0521 0.0902 0.1423 0.0000 366.6883 366.6883 0.0794 3.3300e- 003 369.6643 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.2328 2.0347 2.2918 4.2000e- 003 0.1265 0.0961 0.2226 0.0521 0.0902 0.1423 0.0000 366.6879 366.6879 0.0794 3.3300e- 003 369.6639 2024 0.6134 0.1067 0.1583 2.6000e- 004 2.7100e- 003 5.0700e- 003 7.7800e- 003 7.2000e- 004 4.7400e- 003 5.4700e- 003 0.0000 22.8005 22.8005 5.6400e- 003 9.0000e- 005 22.9677 Maximum 0.6134 2.0347 2.2918 4.2000e- 003 0.1265 0.0961 0.2226 0.0521 0.0902 0.1423 0.0000 366.6879 366.6879 0.0794 3.3300e- 003 369.6639 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 3 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2023 3-31-2023 0.6500 0.6500 2 4-1-2023 6-30-2023 0.5369 0.5369 3 7-1-2023 9-30-2023 0.5428 0.5428 4 10-1-2023 12-31-2023 0.5434 0.5434 5 1-1-2024 3-31-2024 0.6870 0.6870 Highest 0.6870 0.6870 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.3271 0.0294 0.4852 1.8000e- 004 4.5700e- 003 4.5700e- 003 4.5700e- 003 4.5700e- 003 0.0000 28.5015 28.5015 1.2800e- 003 5.1000e- 004 28.6849 Energy 4.4700e- 003 0.0382 0.0163 2.4000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 68.6366 68.6366 4.8000e- 003 1.2900e- 003 69.1408 Mobile 0.1568 0.2287 1.2121 2.5300e- 003 0.2366 2.3400e- 003 0.2390 0.0633 2.1900e- 003 0.0655 0.0000 237.5650 237.5650 0.0157 0.0148 242.3782 Waste 0.0000 0.0000 0.0000 0.0000 5.9761 0.0000 5.9761 0.3532 0.0000 14.8054 Water 0.0000 0.0000 0.0000 0.0000 1.3229 2.8708 4.1937 0.1363 3.2600e- 003 8.5751 Total 0.4884 0.2963 1.7135 2.9500e- 003 0.2366 0.0100 0.2466 0.0633 9.8500e- 003 0.0732 7.2990 337.5739 344.8729 0.5113 0.0199 363.5843 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 4 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.2656 5.4700e- 003 0.4750 3.0000e- 005 2.6300e- 003 2.6300e- 003 2.6300e- 003 2.6300e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7949 Energy 4.2500e- 003 0.0363 0.0154 2.3000e- 004 2.9300e- 003 2.9300e- 003 2.9300e- 003 2.9300e- 003 0.0000 58.1147 58.1147 3.4100e- 003 1.0900e- 003 58.5235 Mobile 0.1366 0.1650 0.8796 1.5400e- 003 0.1394 1.4900e- 003 0.1409 0.0373 1.4000e- 003 0.0387 0.0000 145.1936 145.1936 0.0126 0.0105 148.6442 Waste 0.0000 0.0000 0.0000 0.0000 2.9880 0.0000 2.9880 0.1766 0.0000 7.4027 Water 0.0000 0.0000 0.0000 0.0000 1.3229 2.8082 4.1311 0.1363 3.2600e- 003 8.5118 Total 0.4064 0.2068 1.3701 1.8000e- 003 0.1394 7.0500e- 003 0.1465 0.0373 6.9600e- 003 0.0443 4.3109 206.8927 211.2036 0.3297 0.0149 223.8770 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 1/1/2023 1/27/2023 5 20 2 Site Preparation Site Preparation 1/28/2023 2/3/2023 5 5 3 Grading Grading 2/4/2023 2/15/2023 5 8 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 16.79 30.22 20.04 38.98 41.08 29.50 40.61 41.07 29.34 39.51 40.94 38.71 38.76 35.52 25.24 38.43 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 5 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 2/16/2023 1/3/2024 5 230 5 Paving Paving 1/4/2024 1/29/2024 5 18 6 Architectural Coating Architectural Coating 1/30/2024 2/22/2024 5 18 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 2 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Building Construction Cranes 1 7.00 231 0.29 Demolition Excavators 3 8.00 158 0.38 Grading Excavators 1 8.00 158 0.38 Building Construction Forklifts 3 8.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Grading Graders 1 8.00 187 0.41 Paving Pavers 1 8.00 130 0.42 Paving Paving Equipment 2 6.00 132 0.36 Paving Rollers 2 6.00 80 0.38 Demolition Rubber Tired Dozers 2 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Site Preparation Rubber Tired Dozers 3 8.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37 Residential Indoor: 129,600; Residential Outdoor: 43,200; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 7.5 Acres of Grading (Grading Phase): 8 Acres of Paving: 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 6 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9921 33.9921 9.5200e- 003 0.0000 34.2301 Total 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9921 33.9921 9.5200e- 003 0.0000 34.2301 Unmitigated Construction On-Site 3.1 Mitigation Measures Construction Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Building Construction Welders 1 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 46.00 7.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 8 20.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 9.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 7 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 i i i i i i i i i i i i i i i i i i i i i i i i i i■i :i i i i i i i i i i i i i■■ ■ 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Total 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9920 33.9920 9.5200e- 003 0.0000 34.2300 Total 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9920 33.9920 9.5200e- 003 0.0000 34.2300 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 8 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* : 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Total 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Mitigated Construction Off-Site 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6500e- 003 0.0688 0.0456 1.0000e- 004 3.1700e- 003 3.1700e- 003 2.9100e- 003 2.9100e- 003 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Total 6.6500e- 003 0.0688 0.0456 1.0000e- 004 0.0491 3.1700e- 003 0.0523 0.0253 2.9100e- 003 0.0282 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 9 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Total 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6500e- 003 0.0688 0.0456 1.0000e- 004 3.1700e- 003 3.1700e- 003 2.9100e- 003 2.9100e- 003 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Total 6.6500e- 003 0.0688 0.0456 1.0000e- 004 0.0491 3.1700e- 003 0.0523 0.0253 2.9100e- 003 0.0282 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 10 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Total 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Mitigated Construction Off-Site 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.8400e- 003 0.0717 0.0590 1.2000e- 004 3.1000e- 003 3.1000e- 003 2.8500e- 003 2.8500e- 003 0.0000 10.4243 10.4243 3.3700e- 003 0.0000 10.5085 Total 6.8400e- 003 0.0717 0.0590 1.2000e- 004 0.0283 3.1000e- 003 0.0314 0.0137 2.8500e- 003 0.0166 0.0000 10.4243 10.4243 3.3700e- 003 0.0000 10.5085 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 11 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Total 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.8400e- 003 0.0717 0.0590 1.2000e- 004 3.1000e- 003 3.1000e- 003 2.8500e- 003 2.8500e- 003 0.0000 10.4242 10.4242 3.3700e- 003 0.0000 10.5085 Total 6.8400e- 003 0.0717 0.0590 1.2000e- 004 0.0283 3.1000e- 003 0.0314 0.0137 2.8500e- 003 0.0166 0.0000 10.4242 10.4242 3.3700e- 003 0.0000 10.5085 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 12 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Total 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Mitigated Construction Off-Site 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0984 263.0984 0.0626 0.0000 264.6631 Total 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0984 263.0984 0.0626 0.0000 264.6631 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 13 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 8.8000e- 004 0.0351 0.0108 1.6000e- 004 5.2700e- 003 2.3000e- 004 5.5000e- 003 1.5200e- 003 2.2000e- 004 1.7400e- 003 0.0000 15.3590 15.3590 7.0000e- 005 2.3000e- 003 16.0455 Worker 0.0164 0.0110 0.1299 3.6000e- 004 0.0417 2.2000e- 004 0.0420 0.0111 2.0000e- 004 0.0113 0.0000 33.8011 33.8011 1.0500e- 003 9.8000e- 004 34.1204 Total 0.0173 0.0461 0.1407 5.2000e- 004 0.0470 4.5000e- 004 0.0475 0.0126 4.2000e- 004 0.0130 0.0000 49.1601 49.1601 1.1200e- 003 3.2800e- 003 50.1658 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0981 263.0981 0.0626 0.0000 264.6628 Total 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0981 263.0981 0.0626 0.0000 264.6628 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 14 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 8.8000e- 004 0.0351 0.0108 1.6000e- 004 5.2700e- 003 2.3000e- 004 5.5000e- 003 1.5200e- 003 2.2000e- 004 1.7400e- 003 0.0000 15.3590 15.3590 7.0000e- 005 2.3000e- 003 16.0455 Worker 0.0164 0.0110 0.1299 3.6000e- 004 0.0417 2.2000e- 004 0.0420 0.0111 2.0000e- 004 0.0113 0.0000 33.8011 33.8011 1.0500e- 003 9.8000e- 004 34.1204 Total 0.0173 0.0461 0.1407 5.2000e- 004 0.0470 4.5000e- 004 0.0475 0.0126 4.2000e- 004 0.0130 0.0000 49.1601 49.1601 1.1200e- 003 3.2800e- 003 50.1658 Mitigated Construction Off-Site 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Total 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 15 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* : 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0000e- 005 4.6000e- 004 1.4000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1997 0.1997 0.0000 3.0000e- 005 0.2087 Worker 2.0000e- 004 1.3000e- 004 1.5900e- 003 0.0000 5.5000e- 004 0.0000 5.5000e- 004 1.5000e- 004 0.0000 1.5000e- 004 0.0000 0.4355 0.4355 1.0000e- 005 1.0000e- 005 0.4394 Total 2.1000e- 004 5.9000e- 004 1.7300e- 003 0.0000 6.2000e- 004 0.0000 6.2000e- 004 1.7000e- 004 0.0000 1.7000e- 004 0.0000 0.6353 0.6353 1.0000e- 005 4.0000e- 005 0.6481 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Total 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 16 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* : 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0000e- 005 4.6000e- 004 1.4000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1997 0.1997 0.0000 3.0000e- 005 0.2087 Worker 2.0000e- 004 1.3000e- 004 1.5900e- 003 0.0000 5.5000e- 004 0.0000 5.5000e- 004 1.5000e- 004 0.0000 1.5000e- 004 0.0000 0.4355 0.4355 1.0000e- 005 1.0000e- 005 0.4394 Total 2.1000e- 004 5.9000e- 004 1.7300e- 003 0.0000 6.2000e- 004 0.0000 6.2000e- 004 1.7000e- 004 0.0000 1.7000e- 004 0.0000 0.6353 0.6353 1.0000e- 005 4.0000e- 005 0.6481 Mitigated Construction Off-Site 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 17 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Total 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 18 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: ;: 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Total 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Mitigated Construction Off-Site 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.6007 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.6300e- 003 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Total 0.6023 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 19 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.3000e- 004 1.5000e- 004 1.8600e- 003 1.0000e- 005 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.8000e- 004 0.0000 0.5113 0.5113 1.0000e- 005 1.0000e- 005 0.5158 Total 2.3000e- 004 1.5000e- 004 1.8600e- 003 1.0000e- 005 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.8000e- 004 0.0000 0.5113 0.5113 1.0000e- 005 1.0000e- 005 0.5158 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.6007 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.6300e- 003 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Total 0.6023 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 20 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* ;: ;: 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.3000e- 004 1.5000e- 004 1.8600e- 003 1.0000e- 005 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.8000e- 004 0.0000 0.5113 0.5113 1.0000e- 005 1.0000e- 005 0.5158 Total 2.3000e- 004 1.5000e- 004 1.8600e- 003 1.0000e- 005 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.8000e- 004 0.0000 0.5113 0.5113 1.0000e- 005 1.0000e- 005 0.5158 Mitigated Construction Off-Site 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile Increase Density Increase Diversity Improve Destination Accessibility Increase Transit Accessibility Improve Pedestrian Network Implement NEV Network Implement Trip Reduction Program CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 21 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.1366 0.1650 0.8796 1.5400e- 003 0.1394 1.4900e- 003 0.1409 0.0373 1.4000e- 003 0.0387 0.0000 145.1936 145.1936 0.0126 0.0105 148.6442 Unmitigated 0.1568 0.2287 1.2121 2.5300e- 003 0.2366 2.3400e- 003 0.2390 0.0633 2.1900e- 003 0.0655 0.0000 237.5650 237.5650 0.0157 0.0148 242.3782 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Apartments Low Rise 431.36 291.20 247.04 630,510 371,513 Total 431.36 291.20 247.04 630,510 371,513 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Apartments Low Rise 9.50 2.00 1.00 45.60 19.00 35.40 86 11 3 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Apartments Low Rise 0.511221 0.052103 0.170611 0.160645 0.028932 0.007649 0.013284 0.025916 0.000654 0.000315 0.023645 0.001472 0.003552 5.0 Energy Detail Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 22 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I I I 3 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 16.0852 16.0852 2.6000e- 003 3.2000e- 004 16.2443 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 24.4007 24.4007 3.9500e- 003 4.8000e- 004 24.6420 NaturalGas Mitigated 4.2500e- 003 0.0363 0.0154 2.3000e- 004 2.9300e- 003 2.9300e- 003 2.9300e- 003 2.9300e- 003 0.0000 42.0295 42.0295 8.1000e- 004 7.7000e- 004 42.2792 NaturalGas Unmitigated 4.4700e- 003 0.0382 0.0163 2.4000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 44.2359 44.2359 8.5000e- 004 8.1000e- 004 44.4988 5.1 Mitigation Measures Energy Exceed Title 24 Install High Efficiency Lighting Percent of Electricity Use Generated with Renewable Energy CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 23 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■# - - ■# - - * 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Apartments Low Rise 828950 4.4700e- 003 0.0382 0.0163 2.4000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 44.2359 44.2359 8.5000e- 004 8.1000e- 004 44.4988 Total 4.4700e- 003 0.0382 0.0163 2.4000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 44.2359 44.2359 8.5000e- 004 8.1000e- 004 44.4988 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Apartments Low Rise 787602 4.2500e- 003 0.0363 0.0154 2.3000e- 004 2.9300e- 003 2.9300e- 003 2.9300e- 003 2.9300e- 003 0.0000 42.0295 42.0295 8.1000e- 004 7.7000e- 004 42.2792 Total 4.2500e- 003 0.0363 0.0154 2.3000e- 004 2.9300e- 003 2.9300e- 003 2.9300e- 003 2.9300e- 003 0.0000 42.0295 42.0295 8.1000e- 004 7.7000e- 004 42.2792 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 24 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied i,I I I I I I I I II I:i.i i i i i i i i ii.i i i i i i i i ii. i. i. ii Use Low VOC Paint - Residential Interior 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Apartments Low Rise 263724 24.4007 3.9500e- 003 4.8000e- 004 24.6420 Total 24.4007 3.9500e- 003 4.8000e- 004 24.6420 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Apartments Low Rise 173849 16.0852 2.6000e- 003 3.2000e- 004 16.2443 Total 16.0852 2.6000e- 003 3.2000e- 004 16.2443 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 25 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,I i. i. i. k,I I I k,I I I il I I I ii Use Low VOC Paint - Residential Exterior No Hearths Installed Use Low VOC Cleaning Supplies ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.2656 5.4700e- 003 0.4750 3.0000e- 005 2.6300e- 003 2.6300e- 003 2.6300e- 003 2.6300e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7949 Unmitigated 0.3271 0.0294 0.4852 1.8000e- 004 4.5700e- 003 4.5700e- 003 4.5700e- 003 4.5700e- 003 0.0000 28.5015 28.5015 1.2800e- 003 5.1000e- 004 28.6849 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 26 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0601 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.2500 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 2.8000e- 003 0.0239 0.0102 1.5000e- 004 1.9400e- 003 1.9400e- 003 1.9400e- 003 1.9400e- 003 0.0000 27.7253 27.7253 5.3000e- 004 5.1000e- 004 27.8900 Landscaping 0.0143 5.4700e- 003 0.4750 3.0000e- 005 2.6300e- 003 2.6300e- 003 2.6300e- 003 2.6300e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7949 Total 0.3271 0.0294 0.4852 1.8000e- 004 4.5700e- 003 4.5700e- 003 4.5700e- 003 4.5700e- 003 0.0000 28.5015 28.5015 1.2700e- 003 5.1000e- 004 28.6849 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 27 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■# - - ■# - - -* Apply Water Conservation Strategy Install Low Flow Bathroom Faucet Install Low Flow Kitchen Faucet Install Low Flow Toilet Install Low Flow Shower Use Water Efficient Irrigation System 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0200 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.2313 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0143 5.4700e- 003 0.4750 3.0000e- 005 2.6300e- 003 2.6300e- 003 2.6300e- 003 2.6300e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7949 Total 0.2656 5.4700e- 003 0.4750 3.0000e- 005 2.6300e- 003 2.6300e- 003 2.6300e- 003 2.6300e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7949 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 28 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* ■* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 4.1311 0.1363 3.2600e- 003 8.5118 Unmitigated 4.1937 0.1363 3.2600e- 003 8.5751 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Apartments Low Rise 4.16986 / 2.41852 4.1937 0.1363 3.2600e- 003 8.5751 Total 4.1937 0.1363 3.2600e- 003 8.5751 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 29 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1. tlIi. 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Apartments Low Rise 4.16986 / 2.22504 4.1311 0.1363 3.2600e- 003 8.5118 Total 4.1311 0.1363 3.2600e- 003 8.5118 Mitigated 8.1 Mitigation Measures Waste Institute Recycling and Composting Services 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 2.9880 0.1766 0.0000 7.4027 Unmitigated 5.9761 0.3532 0.0000 14.8054 Category/Year CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 30 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied tl I I IIi.I I Ii.I I I i. 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Apartments Low Rise 29.44 5.9761 0.3532 0.0000 14.8054 Total 5.9761 0.3532 0.0000 14.8054 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Apartments Low Rise 14.72 2.9880 0.1766 0.0000 7.4027 Total 2.9880 0.1766 0.0000 7.4027 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 31 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,II k.Ii.I1. il I k,I A.i i. 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:29 PMPage 32 of 32 Armstrong Apartments - proposed Project - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Armstrong Apartments - 2030 San Joaquin Valley Unified APCD Air District, Annual Project Characteristics - Land Use - total acreage of project site is 4.2 ac Architectural Coating - standard effective January 1, 2022 Vehicle Trips - Trip Rate per ITE 11th ed. Area Coating - Standard effective January 1, 2022 Energy Use - see analysis for assumptions Water And Wastewater - see analysis for assumptions Mobile Land Use Mitigation - Mobile Commute Mitigation - Area Mitigation - Standard effective January 1, 2022 Energy Mitigation - Water Mitigation - 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Apartments Low Rise 64.00 Dwelling Unit 4.20 64,000.00 203 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.7 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas and Electric Company 2030Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 1 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied JL -S_X -L X Waste Mitigation - 2.0 Emissions Summary Table Name Column Name Default Value New Value tblEnergyUse T24E 147.91 137.56 tblEnergyUse T24NG 9,924.02 9,229.34 tblLandUse LotAcreage 4.00 4.20 tblVehicleTrips HO_TL 7.50 1.00 tblVehicleTrips HS_TL 7.30 2.00 tblVehicleTrips HW_TL 10.80 9.50 tblVehicleTrips ST_TR 8.14 4.55 tblVehicleTrips SU_TR 6.28 3.86 tblVehicleTrips WD_TR 7.32 6.74 tblWater OutdoorWaterUseRate 2,628,823.29 2,418,517.43 tblWoodstoves NumberCatalytic 4.20 0.00 tblWoodstoves NumberNoncatalytic 4.20 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 2 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied !:+!:+!:+!:+!:+!:+!:+!:+!:+!:+!:4 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2029 0.2011 1.7784 2.2345 4.1400e- 003 0.1267 0.0743 0.2010 0.0522 0.0697 0.1218 0.0000 362.0863 362.0863 0.0784 2.7600e- 003 364.8702 2030 0.6142 0.0724 0.1553 2.8000e- 004 2.5000e- 003 2.6200e- 003 5.1200e- 003 6.7000e- 004 2.6200e- 003 3.2800e- 003 0.0000 24.3442 24.3442 1.0800e- 003 6.0000e- 005 24.3879 Maximum 0.6142 1.7784 2.2345 4.1400e- 003 0.1267 0.0743 0.2010 0.0522 0.0697 0.1218 0.0000 362.0863 362.0863 0.0784 2.7600e- 003 364.8702 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2029 0.2011 1.7784 2.2345 4.1400e- 003 0.1267 0.0743 0.2010 0.0522 0.0697 0.1218 0.0000 362.0859 362.0859 0.0784 2.7600e- 003 364.8698 2030 0.6142 0.0724 0.1553 2.8000e- 004 2.5000e- 003 2.6200e- 003 5.1200e- 003 6.7000e- 004 2.6200e- 003 3.2800e- 003 0.0000 24.3442 24.3442 1.0800e- 003 6.0000e- 005 24.3878 Maximum 0.6142 1.7784 2.2345 4.1400e- 003 0.1267 0.0743 0.2010 0.0522 0.0697 0.1218 0.0000 362.0859 362.0859 0.0784 2.7600e- 003 364.8698 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 3 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2029 3-31-2029 0.5699 0.5699 2 4-1-2029 6-30-2029 0.4644 0.4644 3 7-1-2029 9-30-2029 0.4695 0.4695 4 10-1-2029 12-31-2029 0.4701 0.4701 5 1-1-2030 3-31-2030 0.6569 0.6569 Highest 0.6569 0.6569 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.3270 0.0294 0.4841 1.8000e- 004 4.5700e- 003 4.5700e- 003 4.5700e- 003 4.5700e- 003 0.0000 28.5015 28.5015 1.2700e- 003 5.1000e- 004 28.6848 Energy 4.4700e- 003 0.0382 0.0163 2.4000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 68.6366 68.6366 4.8000e- 003 1.2900e- 003 69.1408 Mobile 0.1177 0.1751 0.9590 2.1100e- 003 0.2363 1.7900e- 003 0.2381 0.0632 1.6800e- 003 0.0649 0.0000 205.3447 205.3447 0.0117 0.0120 209.2121 Waste 0.0000 0.0000 0.0000 0.0000 5.9761 0.0000 5.9761 0.3532 0.0000 14.8054 Water 0.0000 0.0000 0.0000 0.0000 1.3229 2.8708 4.1937 0.1363 3.2600e- 003 8.5751 Total 0.4492 0.2427 1.4594 2.5300e- 003 0.2363 9.4500e- 003 0.2458 0.0632 9.3400e- 003 0.0726 7.2990 305.3537 312.6526 0.5072 0.0171 330.4181 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 4 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.3055 5.4600e- 003 0.4740 3.0000e- 005 2.6400e- 003 2.6400e- 003 2.6400e- 003 2.6400e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7947 Energy 4.2500e- 003 0.0363 0.0154 2.3000e- 004 2.9300e- 003 2.9300e- 003 2.9300e- 003 2.9300e- 003 0.0000 51.6326 51.6326 2.3600e- 003 9.6000e- 004 51.9773 Mobile 0.1012 0.1286 0.7027 1.2900e- 003 0.1393 1.1500e- 003 0.1404 0.0372 1.0800e- 003 0.0383 0.0000 125.5312 125.5312 9.1100e- 003 8.5000e- 003 128.2921 Waste 0.0000 0.0000 0.0000 0.0000 2.9880 0.0000 2.9880 0.1766 0.0000 7.4027 Water 0.0000 0.0000 0.0000 0.0000 1.3229 2.8082 4.1311 0.1363 3.2600e- 003 8.5118 Total 0.4110 0.1703 1.1920 1.5500e- 003 0.1393 6.7200e- 003 0.1460 0.0372 6.6500e- 003 0.0439 4.3109 180.7482 185.0591 0.3251 0.0127 196.9786 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 1/1/2029 1/26/2029 5 20 2 Site Preparation Site Preparation 1/27/2029 2/2/2029 5 5 3 Grading Grading 2/3/2029 2/14/2029 5 8 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 8.50 29.80 18.32 38.74 41.08 28.89 40.61 41.08 28.80 39.50 40.94 40.81 40.81 35.90 25.44 40.39 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 5 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 2/15/2029 1/2/2030 5 230 5 Paving Paving 1/3/2030 1/28/2030 5 18 6 Architectural Coating Architectural Coating 1/29/2030 2/21/2030 5 18 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 2 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Building Construction Cranes 1 7.00 231 0.29 Demolition Excavators 3 8.00 158 0.38 Grading Excavators 1 8.00 158 0.38 Building Construction Forklifts 3 8.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Grading Graders 1 8.00 187 0.41 Paving Pavers 1 8.00 130 0.42 Paving Paving Equipment 2 6.00 132 0.36 Paving Rollers 2 6.00 80 0.38 Demolition Rubber Tired Dozers 2 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Site Preparation Rubber Tired Dozers 3 8.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37 Residential Indoor: 129,600; Residential Outdoor: 43,200; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 7.5 Acres of Grading (Grading Phase): 8 Acres of Paving: 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 6 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.2 Demolition - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0209 0.1920 0.1942 3.9000e- 004 8.5300e- 003 8.5300e- 003 7.9200e- 003 7.9200e- 003 0.0000 33.9977 33.9977 9.4900e- 003 0.0000 34.2350 Total 0.0209 0.1920 0.1942 3.9000e- 004 8.5300e- 003 8.5300e- 003 7.9200e- 003 7.9200e- 003 0.0000 33.9977 33.9977 9.4900e- 003 0.0000 34.2350 Unmitigated Construction On-Site 3.1 Mitigation Measures Construction Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Building Construction Welders 1 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 46.00 7.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 8 20.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 9.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 7 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 i i i i i i i i i i i i i i i i i i i i i i i i i i■i :i i i i i i i i i i i i i■■ ■ 3.2 Demolition - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.1000e- 004 1.7000e- 004 2.5600e- 003 1.0000e- 005 1.2000e- 003 0.0000 1.2000e- 003 3.2000e- 004 0.0000 3.2000e- 004 0.0000 0.8495 0.8495 2.0000e- 005 2.0000e- 005 0.8558 Total 3.1000e- 004 1.7000e- 004 2.5600e- 003 1.0000e- 005 1.2000e- 003 0.0000 1.2000e- 003 3.2000e- 004 0.0000 3.2000e- 004 0.0000 0.8495 0.8495 2.0000e- 005 2.0000e- 005 0.8558 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0209 0.1920 0.1942 3.9000e- 004 8.5300e- 003 8.5300e- 003 7.9200e- 003 7.9200e- 003 0.0000 33.9976 33.9976 9.4900e- 003 0.0000 34.2349 Total 0.0209 0.1920 0.1942 3.9000e- 004 8.5300e- 003 8.5300e- 003 7.9200e- 003 7.9200e- 003 0.0000 33.9976 33.9976 9.4900e- 003 0.0000 34.2349 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 8 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* : 3.2 Demolition - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.1000e- 004 1.7000e- 004 2.5600e- 003 1.0000e- 005 1.2000e- 003 0.0000 1.2000e- 003 3.2000e- 004 0.0000 3.2000e- 004 0.0000 0.8495 0.8495 2.0000e- 005 2.0000e- 005 0.8558 Total 3.1000e- 004 1.7000e- 004 2.5600e- 003 1.0000e- 005 1.2000e- 003 0.0000 1.2000e- 003 3.2000e- 004 0.0000 3.2000e- 004 0.0000 0.8495 0.8495 2.0000e- 005 2.0000e- 005 0.8558 Mitigated Construction Off-Site 3.3 Site Preparation - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.1800e- 003 0.0631 0.0448 1.0000e- 004 2.7200e- 003 2.7200e- 003 2.5000e- 003 2.5000e- 003 0.0000 8.3668 8.3668 2.7100e- 003 0.0000 8.4344 Total 6.1800e- 003 0.0631 0.0448 1.0000e- 004 0.0491 2.7200e- 003 0.0519 0.0253 2.5000e- 003 0.0278 0.0000 8.3668 8.3668 2.7100e- 003 0.0000 8.4344 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 9 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.3 Site Preparation - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 7.7000e- 004 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2549 0.2549 1.0000e- 005 1.0000e- 005 0.2567 Total 9.0000e- 005 5.0000e- 005 7.7000e- 004 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2549 0.2549 1.0000e- 005 1.0000e- 005 0.2567 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.1800e- 003 0.0631 0.0448 1.0000e- 004 2.7200e- 003 2.7200e- 003 2.5000e- 003 2.5000e- 003 0.0000 8.3667 8.3667 2.7100e- 003 0.0000 8.4344 Total 6.1800e- 003 0.0631 0.0448 1.0000e- 004 0.0491 2.7200e- 003 0.0519 0.0253 2.5000e- 003 0.0278 0.0000 8.3667 8.3667 2.7100e- 003 0.0000 8.4344 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 10 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.3 Site Preparation - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 7.7000e- 004 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2549 0.2549 1.0000e- 005 1.0000e- 005 0.2567 Total 9.0000e- 005 5.0000e- 005 7.7000e- 004 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2549 0.2549 1.0000e- 005 1.0000e- 005 0.2567 Mitigated Construction Off-Site 3.4 Grading - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.0900e- 003 0.0613 0.0582 1.2000e- 004 2.4900e- 003 2.4900e- 003 2.2900e- 003 2.2900e- 003 0.0000 10.4279 10.4279 3.3700e- 003 0.0000 10.5122 Total 6.0900e- 003 0.0613 0.0582 1.2000e- 004 0.0283 2.4900e- 003 0.0308 0.0137 2.2900e- 003 0.0160 0.0000 10.4279 10.4279 3.3700e- 003 0.0000 10.5122 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 11 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.4 Grading - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 7.0000e- 005 1.0200e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3398 0.3398 1.0000e- 005 1.0000e- 005 0.3423 Total 1.2000e- 004 7.0000e- 005 1.0200e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3398 0.3398 1.0000e- 005 1.0000e- 005 0.3423 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.0900e- 003 0.0613 0.0582 1.2000e- 004 2.4900e- 003 2.4900e- 003 2.2900e- 003 2.2900e- 003 0.0000 10.4279 10.4279 3.3700e- 003 0.0000 10.5122 Total 6.0900e- 003 0.0613 0.0582 1.2000e- 004 0.0283 2.4900e- 003 0.0308 0.0137 2.2900e- 003 0.0160 0.0000 10.4279 10.4279 3.3700e- 003 0.0000 10.5122 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 12 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.4 Grading - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 7.0000e- 005 1.0200e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3398 0.3398 1.0000e- 005 1.0000e- 005 0.3423 Total 1.2000e- 004 7.0000e- 005 1.0200e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3398 0.3398 1.0000e- 005 1.0000e- 005 0.3423 Mitigated Construction Off-Site 3.5 Building Construction - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1559 1.4215 1.8337 3.0700e- 003 0.0601 0.0601 0.0566 0.0566 0.0000 264.3882 264.3882 0.0622 0.0000 265.9419 Total 0.1559 1.4215 1.8337 3.0700e- 003 0.0601 0.0601 0.0566 0.0566 0.0000 264.3882 264.3882 0.0622 0.0000 265.9419 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 13 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.5 Building Construction - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 7.8000e- 004 0.0344 9.7700e- 003 1.4000e- 004 5.2900e- 003 2.2000e- 004 5.5200e- 003 1.5300e- 003 2.1000e- 004 1.7400e- 003 0.0000 13.7624 13.7624 5.0000e- 005 2.0500e- 003 14.3744 Worker 0.0107 5.8900e- 003 0.0896 3.0000e- 004 0.0419 1.6000e- 004 0.0421 0.0111 1.5000e- 004 0.0113 0.0000 29.6992 29.6992 6.0000e- 004 6.8000e- 004 29.9175 Total 0.0115 0.0403 0.0993 4.4000e- 004 0.0472 3.8000e- 004 0.0476 0.0127 3.6000e- 004 0.0130 0.0000 43.4616 43.4616 6.5000e- 004 2.7300e- 003 44.2919 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1559 1.4215 1.8337 3.0700e- 003 0.0601 0.0601 0.0566 0.0566 0.0000 264.3879 264.3879 0.0622 0.0000 265.9416 Total 0.1559 1.4215 1.8337 3.0700e- 003 0.0601 0.0601 0.0566 0.0566 0.0000 264.3879 264.3879 0.0622 0.0000 265.9416 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 14 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.5 Building Construction - 2029 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 7.8000e- 004 0.0344 9.7700e- 003 1.4000e- 004 5.2900e- 003 2.2000e- 004 5.5200e- 003 1.5300e- 003 2.1000e- 004 1.7400e- 003 0.0000 13.7624 13.7624 5.0000e- 005 2.0500e- 003 14.3744 Worker 0.0107 5.8900e- 003 0.0896 3.0000e- 004 0.0419 1.6000e- 004 0.0421 0.0111 1.5000e- 004 0.0113 0.0000 29.6992 29.6992 6.0000e- 004 6.8000e- 004 29.9175 Total 0.0115 0.0403 0.0993 4.4000e- 004 0.0472 3.8000e- 004 0.0476 0.0127 3.6000e- 004 0.0130 0.0000 43.4616 43.4616 6.5000e- 004 2.7300e- 003 44.2919 Mitigated Construction Off-Site 3.5 Building Construction - 2030 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 1.3100e- 003 7.9300e- 003 0.0162 3.0000e- 005 1.5000e- 004 1.5000e- 004 1.5000e- 004 1.5000e- 004 0.0000 2.6286 2.6286 1.1000e- 004 0.0000 2.6313 Total 1.3100e- 003 7.9300e- 003 0.0162 3.0000e- 005 1.5000e- 004 1.5000e- 004 1.5000e- 004 1.5000e- 004 0.0000 2.6286 2.6286 1.1000e- 004 0.0000 2.6313 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 15 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* : 3.5 Building Construction - 2030 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0000e- 005 3.0000e- 004 9.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1185 0.1185 0.0000 2.0000e- 005 0.1238 Worker 9.0000e- 005 5.0000e- 005 7.5000e- 004 0.0000 3.7000e- 004 0.0000 3.7000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2563 0.2563 0.0000 1.0000e- 005 0.2581 Total 1.0000e- 004 3.5000e- 004 8.4000e- 004 0.0000 4.2000e- 004 0.0000 4.2000e- 004 1.1000e- 004 0.0000 1.2000e- 004 0.0000 0.3748 0.3748 0.0000 3.0000e- 005 0.3819 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 1.3100e- 003 7.9300e- 003 0.0162 3.0000e- 005 1.5000e- 004 1.5000e- 004 1.5000e- 004 1.5000e- 004 0.0000 2.6286 2.6286 1.1000e- 004 0.0000 2.6312 Total 1.3100e- 003 7.9300e- 003 0.0162 3.0000e- 005 1.5000e- 004 1.5000e- 004 1.5000e- 004 1.5000e- 004 0.0000 2.6286 2.6286 1.1000e- 004 0.0000 2.6312 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 16 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* : 3.5 Building Construction - 2030 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0000e- 005 3.0000e- 004 9.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1185 0.1185 0.0000 2.0000e- 005 0.1238 Worker 9.0000e- 005 5.0000e- 005 7.5000e- 004 0.0000 3.7000e- 004 0.0000 3.7000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2563 0.2563 0.0000 1.0000e- 005 0.2581 Total 1.0000e- 004 3.5000e- 004 8.4000e- 004 0.0000 4.2000e- 004 0.0000 4.2000e- 004 1.1000e- 004 0.0000 1.2000e- 004 0.0000 0.3748 0.3748 0.0000 3.0000e- 005 0.3819 Mitigated Construction Off-Site 3.6 Paving - 2030 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0104 0.0561 0.1178 2.1000e- 004 2.2800e- 003 2.2800e- 003 2.2800e- 003 2.2800e- 003 0.0000 17.5888 17.5888 8.4000e- 004 0.0000 17.6099 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0104 0.0561 0.1178 2.1000e- 004 2.2800e- 003 2.2800e- 003 2.2800e- 003 2.2800e- 003 0.0000 17.5888 17.5888 8.4000e- 004 0.0000 17.6099 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 17 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.6 Paving - 2030 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.5000e- 004 1.9000e- 004 2.9500e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4400e- 003 3.8000e- 004 0.0000 3.9000e- 004 0.0000 1.0028 1.0028 2.0000e- 005 2.0000e- 005 1.0100 Total 3.5000e- 004 1.9000e- 004 2.9500e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4400e- 003 3.8000e- 004 0.0000 3.9000e- 004 0.0000 1.0028 1.0028 2.0000e- 005 2.0000e- 005 1.0100 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0104 0.0561 0.1178 2.1000e- 004 2.2800e- 003 2.2800e- 003 2.2800e- 003 2.2800e- 003 0.0000 17.5888 17.5888 8.4000e- 004 0.0000 17.6099 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0104 0.0561 0.1178 2.1000e- 004 2.2800e- 003 2.2800e- 003 2.2800e- 003 2.2800e- 003 0.0000 17.5888 17.5888 8.4000e- 004 0.0000 17.6099 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 18 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: ;: 3.6 Paving - 2030 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.5000e- 004 1.9000e- 004 2.9500e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4400e- 003 3.8000e- 004 0.0000 3.9000e- 004 0.0000 1.0028 1.0028 2.0000e- 005 2.0000e- 005 1.0100 Total 3.5000e- 004 1.9000e- 004 2.9500e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4400e- 003 3.8000e- 004 0.0000 3.9000e- 004 0.0000 1.0028 1.0028 2.0000e- 005 2.0000e- 005 1.0100 Mitigated Construction Off-Site 3.7 Architectural Coating - 2030 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.6007 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.1800e- 003 7.7100e- 003 0.0162 3.0000e- 005 1.8000e- 004 1.8000e- 004 1.8000e- 004 1.8000e- 004 0.0000 2.2979 2.2979 9.0000e- 005 0.0000 2.3003 Total 0.6019 7.7100e- 003 0.0162 3.0000e- 005 1.8000e- 004 1.8000e- 004 1.8000e- 004 1.8000e- 004 0.0000 2.2979 2.2979 9.0000e- 005 0.0000 2.3003 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 19 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* 3.7 Architectural Coating - 2030 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.6000e- 004 8.0000e- 005 1.3300e- 003 0.0000 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.7000e- 004 0.0000 0.4513 0.4513 1.0000e- 005 1.0000e- 005 0.4545 Total 1.6000e- 004 8.0000e- 005 1.3300e- 003 0.0000 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.7000e- 004 0.0000 0.4513 0.4513 1.0000e- 005 1.0000e- 005 0.4545 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.6007 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.1800e- 003 7.7100e- 003 0.0162 3.0000e- 005 1.8000e- 004 1.8000e- 004 1.8000e- 004 1.8000e- 004 0.0000 2.2979 2.2979 9.0000e- 005 0.0000 2.3003 Total 0.6019 7.7100e- 003 0.0162 3.0000e- 005 1.8000e- 004 1.8000e- 004 1.8000e- 004 1.8000e- 004 0.0000 2.2979 2.2979 9.0000e- 005 0.0000 2.3003 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 20 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* ;: ;: 3.7 Architectural Coating - 2030 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.6000e- 004 8.0000e- 005 1.3300e- 003 0.0000 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.7000e- 004 0.0000 0.4513 0.4513 1.0000e- 005 1.0000e- 005 0.4545 Total 1.6000e- 004 8.0000e- 005 1.3300e- 003 0.0000 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.7000e- 004 0.0000 0.4513 0.4513 1.0000e- 005 1.0000e- 005 0.4545 Mitigated Construction Off-Site 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile Increase Density Increase Diversity Improve Destination Accessibility Increase Transit Accessibility Improve Pedestrian Network Implement NEV Network Implement Trip Reduction Program CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 21 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.1012 0.1286 0.7027 1.2900e- 003 0.1393 1.1500e- 003 0.1404 0.0372 1.0800e- 003 0.0383 0.0000 125.5312 125.5312 9.1100e- 003 8.5000e- 003 128.2921 Unmitigated 0.1177 0.1751 0.9590 2.1100e- 003 0.2363 1.7900e- 003 0.2381 0.0632 1.6800e- 003 0.0649 0.0000 205.3447 205.3447 0.0117 0.0120 209.2121 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Apartments Low Rise 431.36 291.20 247.04 630,510 371,513 Total 431.36 291.20 247.04 630,510 371,513 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Apartments Low Rise 9.50 2.00 1.00 45.60 19.00 35.40 86 11 3 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Apartments Low Rise 0.539927 0.053807 0.173545 0.136624 0.023267 0.006448 0.013553 0.025992 0.000624 0.000304 0.021845 0.001297 0.002766 5.0 Energy Detail Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 22 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I I I 3 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 9.6031 9.6031 1.5500e- 003 1.9000e- 004 9.6981 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 24.4007 24.4007 3.9500e- 003 4.8000e- 004 24.6420 NaturalGas Mitigated 4.2500e- 003 0.0363 0.0154 2.3000e- 004 2.9300e- 003 2.9300e- 003 2.9300e- 003 2.9300e- 003 0.0000 42.0295 42.0295 8.1000e- 004 7.7000e- 004 42.2792 NaturalGas Unmitigated 4.4700e- 003 0.0382 0.0163 2.4000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 44.2359 44.2359 8.5000e- 004 8.1000e- 004 44.4988 5.1 Mitigation Measures Energy Exceed Title 24 Install High Efficiency Lighting Percent of Electricity Use Generated with Renewable Energy CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 23 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■# - - ■# - - * 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Apartments Low Rise 828950 4.4700e- 003 0.0382 0.0163 2.4000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 44.2359 44.2359 8.5000e- 004 8.1000e- 004 44.4988 Total 4.4700e- 003 0.0382 0.0163 2.4000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 44.2359 44.2359 8.5000e- 004 8.1000e- 004 44.4988 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Apartments Low Rise 787602 4.2500e- 003 0.0363 0.0154 2.3000e- 004 2.9300e- 003 2.9300e- 003 2.9300e- 003 2.9300e- 003 0.0000 42.0295 42.0295 8.1000e- 004 7.7000e- 004 42.2792 Total 4.2500e- 003 0.0363 0.0154 2.3000e- 004 2.9300e- 003 2.9300e- 003 2.9300e- 003 2.9300e- 003 0.0000 42.0295 42.0295 8.1000e- 004 7.7000e- 004 42.2792 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 24 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied i,I I I I I I I I II I:i.i i i i i i i i ii.i i i i i i i i ii. i. i. ii Use Low VOC Paint - Residential Interior 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Apartments Low Rise 263724 24.4007 3.9500e- 003 4.8000e- 004 24.6420 Total 24.4007 3.9500e- 003 4.8000e- 004 24.6420 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Apartments Low Rise 103791 9.6031 1.5500e- 003 1.9000e- 004 9.6981 Total 9.6031 1.5500e- 003 1.9000e- 004 9.6981 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 25 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,I i. i. i. k,I I I k,I I I il I I I ii Use Low VOC Paint - Residential Exterior No Hearths Installed Use Low VOC Cleaning Supplies ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.3055 5.4600e- 003 0.4740 3.0000e- 005 2.6400e- 003 2.6400e- 003 2.6400e- 003 2.6400e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7947 Unmitigated 0.3270 0.0294 0.4841 1.8000e- 004 4.5700e- 003 4.5700e- 003 4.5700e- 003 4.5700e- 003 0.0000 28.5015 28.5015 1.2700e- 003 5.1000e- 004 28.6848 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 26 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0601 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.2500 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 2.8000e- 003 0.0239 0.0102 1.5000e- 004 1.9400e- 003 1.9400e- 003 1.9400e- 003 1.9400e- 003 0.0000 27.7253 27.7253 5.3000e- 004 5.1000e- 004 27.8900 Landscaping 0.0142 5.4600e- 003 0.4740 3.0000e- 005 2.6400e- 003 2.6400e- 003 2.6400e- 003 2.6400e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7947 Total 0.3270 0.0294 0.4841 1.8000e- 004 4.5800e- 003 4.5800e- 003 4.5800e- 003 4.5800e- 003 0.0000 28.5015 28.5015 1.2700e- 003 5.1000e- 004 28.6848 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 27 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■# - - ■# - - -* Apply Water Conservation Strategy Install Low Flow Bathroom Faucet Install Low Flow Kitchen Faucet Install Low Flow Toilet Install Low Flow Shower Use Water Efficient Irrigation System 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0601 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.2313 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0142 5.4600e- 003 0.4740 3.0000e- 005 2.6400e- 003 2.6400e- 003 2.6400e- 003 2.6400e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7947 Total 0.3055 5.4600e- 003 0.4740 3.0000e- 005 2.6400e- 003 2.6400e- 003 2.6400e- 003 2.6400e- 003 0.0000 0.7762 0.7762 7.4000e- 004 0.0000 0.7947 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 28 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* ■* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 4.1311 0.1363 3.2600e- 003 8.5118 Unmitigated 4.1937 0.1363 3.2600e- 003 8.5751 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Apartments Low Rise 4.16986 / 2.41852 4.1937 0.1363 3.2600e- 003 8.5751 Total 4.1937 0.1363 3.2600e- 003 8.5751 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 29 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1. tlIi. 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Apartments Low Rise 4.16986 / 2.22504 4.1311 0.1363 3.2600e- 003 8.5118 Total 4.1311 0.1363 3.2600e- 003 8.5118 Mitigated 8.1 Mitigation Measures Waste Institute Recycling and Composting Services 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 2.9880 0.1766 0.0000 7.4027 Unmitigated 5.9761 0.3532 0.0000 14.8054 Category/Year CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 30 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied tl I I IIi.I I Ii.I I I i. 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Apartments Low Rise 29.44 5.9761 0.3532 0.0000 14.8054 Total 5.9761 0.3532 0.0000 14.8054 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Apartments Low Rise 14.72 2.9880 0.1766 0.0000 7.4027 Total 2.9880 0.1766 0.0000 7.4027 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 31 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,II k.Ii.I1. il I k,I A.i i. 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 2/27/2023 1:18 PMPage 32 of 32 Armstrong Apartments - 2030 - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Armstrong Apartments - Maximum buildout of the existing designation San Joaquin Valley Unified APCD Air District, Annual Project Characteristics - Land Use - Net acreage of the project site is 4.2 acres. 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Single Family Housing 14.00 Dwelling Unit 4.20 25,200.00 44 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.7 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics 2.0 Emissions Summary Utility Company Pacific Gas and Electric Company 2024Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) Table Name Column Name Default Value New Value tblLandUse LotAcreage 4.55 4.20 tblWoodstoves NumberCatalytic 4.20 0.00 tblWoodstoves NumberNoncatalytic 4.20 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 1 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied JL -S_X -L X !!4!!4 i 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.2174 1.9948 2.1668 3.7400e- 003 0.0848 0.0957 0.1805 0.0409 0.0898 0.1308 0.0000 323.3964 323.3964 0.0784 4.8000e- 004 325.4994 2024 0.2489 0.1060 0.1551 2.5000e- 004 1.5800e- 003 5.0600e- 003 6.6500e- 003 4.2000e- 004 4.7400e- 003 5.1600e- 003 0.0000 21.7867 21.7867 5.6200e- 003 4.0000e- 005 21.9387 Maximum 0.2489 1.9948 2.1668 3.7400e- 003 0.0848 0.0957 0.1805 0.0409 0.0898 0.1308 0.0000 323.3964 323.3964 0.0784 4.8000e- 004 325.4994 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.2174 1.9948 2.1668 3.7400e- 003 0.0848 0.0957 0.1805 0.0409 0.0898 0.1308 0.0000 323.3961 323.3961 0.0784 4.8000e- 004 325.4990 2024 0.2489 0.1060 0.1551 2.5000e- 004 1.5800e- 003 5.0600e- 003 6.6500e- 003 4.2000e- 004 4.7400e- 003 5.1600e- 003 0.0000 21.7867 21.7867 5.6200e- 003 4.0000e- 005 21.9387 Maximum 0.2489 1.9948 2.1668 3.7400e- 003 0.0848 0.0957 0.1805 0.0409 0.0898 0.1308 0.0000 323.3961 323.3961 0.0784 4.8000e- 004 325.4990 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 2 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2023 3-31-2023 0.6420 0.6420 2 4-1-2023 6-30-2023 0.5209 0.5209 3 7-1-2023 9-30-2023 0.5267 0.5267 4 10-1-2023 12-31-2023 0.5268 0.5268 5 1-1-2024 3-31-2024 0.3393 0.3393 Highest 0.6420 0.6420 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.1258 6.4300e- 003 0.1061 4.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 6.2347 6.2347 2.8000e- 004 1.1000e- 004 6.2748 Energy 1.8100e- 003 0.0155 6.6000e- 003 1.0000e- 004 1.2500e- 003 1.2500e- 003 1.2500e- 003 1.2500e- 003 0.0000 28.2872 28.2872 2.0200e- 003 5.3000e- 004 28.4961 Mobile 0.0660 0.1180 0.6223 1.4800e- 003 0.1420 1.3300e- 003 0.1433 0.0380 1.2500e- 003 0.0393 0.0000 139.2605 139.2605 7.3000e- 003 7.7700e- 003 141.7587 Waste 0.0000 0.0000 0.0000 0.0000 3.3595 0.0000 3.3595 0.1985 0.0000 8.3230 Water 0.0000 0.0000 0.0000 0.0000 0.2894 0.6429 0.9323 0.0298 7.1000e- 004 1.8908 Total 0.1937 0.1400 0.7350 1.6200e- 003 0.1420 3.5800e- 003 0.1456 0.0380 3.5000e- 003 0.0415 3.6489 174.4253 178.0742 0.2380 9.1200e- 003 186.7435 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 3 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.1258 6.4300e- 003 0.1061 4.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 6.2347 6.2347 2.8000e- 004 1.1000e- 004 6.2748 Energy 1.8100e- 003 0.0155 6.6000e- 003 1.0000e- 004 1.2500e- 003 1.2500e- 003 1.2500e- 003 1.2500e- 003 0.0000 28.2872 28.2872 2.0200e- 003 5.3000e- 004 28.4961 Mobile 0.0660 0.1180 0.6223 1.4800e- 003 0.1420 1.3300e- 003 0.1433 0.0380 1.2500e- 003 0.0393 0.0000 139.2605 139.2605 7.3000e- 003 7.7700e- 003 141.7587 Waste 0.0000 0.0000 0.0000 0.0000 3.3595 0.0000 3.3595 0.1985 0.0000 8.3230 Water 0.0000 0.0000 0.0000 0.0000 0.2894 0.6429 0.9323 0.0298 7.1000e- 004 1.8908 Total 0.1937 0.1400 0.7350 1.6200e- 003 0.1420 3.5800e- 003 0.1456 0.0380 3.5000e- 003 0.0415 3.6489 174.4253 178.0742 0.2380 9.1200e- 003 186.7435 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 1/1/2023 1/27/2023 5 20 2 Site Preparation Site Preparation 1/28/2023 2/3/2023 5 5 3 Grading Grading 2/4/2023 2/15/2023 5 8 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 4 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 2/16/2023 1/3/2024 5 230 5 Paving Paving 1/4/2024 1/29/2024 5 18 6 Architectural Coating Architectural Coating 1/30/2024 2/22/2024 5 18 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 2 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Building Construction Cranes 1 7.00 231 0.29 Demolition Excavators 3 8.00 158 0.38 Grading Excavators 1 8.00 158 0.38 Building Construction Forklifts 3 8.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Grading Graders 1 8.00 187 0.41 Paving Pavers 1 8.00 130 0.42 Paving Paving Equipment 2 6.00 132 0.36 Paving Rollers 2 6.00 80 0.38 Demolition Rubber Tired Dozers 2 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Site Preparation Rubber Tired Dozers 3 8.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37 Residential Indoor: 51,030; Residential Outdoor: 17,010; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 7.5 Acres of Grading (Grading Phase): 8 Acres of Paving: 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 5 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9921 33.9921 9.5200e- 003 0.0000 34.2301 Total 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9921 33.9921 9.5200e- 003 0.0000 34.2301 Unmitigated Construction On-Site 3.1 Mitigation Measures Construction Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Building Construction Welders 1 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 5.00 1.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 8 20.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 1.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 6 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 i i i i i i i i i i i i i i i i i i i i i i i i i i■i :i i i i i i i i i i i i i■■ ■ 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Total 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9920 33.9920 9.5200e- 003 0.0000 34.2300 Total 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9920 33.9920 9.5200e- 003 0.0000 34.2300 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 7 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Total 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Mitigated Construction Off-Site 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6500e- 003 0.0688 0.0456 1.0000e- 004 3.1700e- 003 3.1700e- 003 2.9100e- 003 2.9100e- 003 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Total 6.6500e- 003 0.0688 0.0456 1.0000e- 004 0.0491 3.1700e- 003 0.0523 0.0253 2.9100e- 003 0.0282 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 8 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Total 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6500e- 003 0.0688 0.0456 1.0000e- 004 3.1700e- 003 3.1700e- 003 2.9100e- 003 2.9100e- 003 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Total 6.6500e- 003 0.0688 0.0456 1.0000e- 004 0.0491 3.1700e- 003 0.0523 0.0253 2.9100e- 003 0.0282 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 9 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Total 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Mitigated Construction Off-Site 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.8400e- 003 0.0717 0.0590 1.2000e- 004 3.1000e- 003 3.1000e- 003 2.8500e- 003 2.8500e- 003 0.0000 10.4243 10.4243 3.3700e- 003 0.0000 10.5085 Total 6.8400e- 003 0.0717 0.0590 1.2000e- 004 0.0283 3.1000e- 003 0.0314 0.0137 2.8500e- 003 0.0166 0.0000 10.4243 10.4243 3.3700e- 003 0.0000 10.5085 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 10 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Total 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.8400e- 003 0.0717 0.0590 1.2000e- 004 3.1000e- 003 3.1000e- 003 2.8500e- 003 2.8500e- 003 0.0000 10.4242 10.4242 3.3700e- 003 0.0000 10.5085 Total 6.8400e- 003 0.0717 0.0590 1.2000e- 004 0.0283 3.1000e- 003 0.0314 0.0137 2.8500e- 003 0.0166 0.0000 10.4242 10.4242 3.3700e- 003 0.0000 10.5085 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 11 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Total 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Mitigated Construction Off-Site 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0984 263.0984 0.0626 0.0000 264.6631 Total 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0984 263.0984 0.0626 0.0000 264.6631 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 12 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.3000e- 004 5.0200e- 003 1.5400e- 003 2.0000e- 005 7.5000e- 004 3.0000e- 005 7.9000e- 004 2.2000e- 004 3.0000e- 005 2.5000e- 004 0.0000 2.1941 2.1941 1.0000e- 005 3.3000e- 004 2.2922 Worker 1.7800e- 003 1.2000e- 003 0.0141 4.0000e- 005 4.5400e- 003 2.0000e- 005 4.5600e- 003 1.2100e- 003 2.0000e- 005 1.2300e- 003 0.0000 3.6740 3.6740 1.1000e- 004 1.1000e- 004 3.7087 Total 1.9100e- 003 6.2200e- 003 0.0157 6.0000e- 005 5.2900e- 003 5.0000e- 005 5.3500e- 003 1.4300e- 003 5.0000e- 005 1.4800e- 003 0.0000 5.8682 5.8682 1.2000e- 004 4.4000e- 004 6.0010 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0981 263.0981 0.0626 0.0000 264.6628 Total 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0981 263.0981 0.0626 0.0000 264.6628 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 13 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.3000e- 004 5.0200e- 003 1.5400e- 003 2.0000e- 005 7.5000e- 004 3.0000e- 005 7.9000e- 004 2.2000e- 004 3.0000e- 005 2.5000e- 004 0.0000 2.1941 2.1941 1.0000e- 005 3.3000e- 004 2.2922 Worker 1.7800e- 003 1.2000e- 003 0.0141 4.0000e- 005 4.5400e- 003 2.0000e- 005 4.5600e- 003 1.2100e- 003 2.0000e- 005 1.2300e- 003 0.0000 3.6740 3.6740 1.1000e- 004 1.1000e- 004 3.7087 Total 1.9100e- 003 6.2200e- 003 0.0157 6.0000e- 005 5.2900e- 003 5.0000e- 005 5.3500e- 003 1.4300e- 003 5.0000e- 005 1.4800e- 003 0.0000 5.8682 5.8682 1.2000e- 004 4.4000e- 004 6.0010 Mitigated Construction Off-Site 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Total 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 14 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* ;: 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 7.0000e- 005 2.0000e- 005 0.0000 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0285 0.0285 0.0000 0.0000 0.0298 Worker 2.0000e- 005 1.0000e- 005 1.7000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0473 0.0473 0.0000 0.0000 0.0478 Total 2.0000e- 005 8.0000e- 005 1.9000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0759 0.0759 0.0000 0.0000 0.0776 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Total 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 15 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* : 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 7.0000e- 005 2.0000e- 005 0.0000 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0285 0.0285 0.0000 0.0000 0.0298 Worker 2.0000e- 005 1.0000e- 005 1.7000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0473 0.0473 0.0000 0.0000 0.0478 Total 2.0000e- 005 8.0000e- 005 1.9000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0759 0.0759 0.0000 0.0000 0.0776 Mitigated Construction Off-Site 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 16 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Total 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 17 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: ;: 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Total 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Mitigated Construction Off-Site 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.2365 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.6300e- 003 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Total 0.2382 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 18 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.0000e- 005 2.0000e- 005 2.1000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0568 0.0568 0.0000 0.0000 0.0573 Total 3.0000e- 005 2.0000e- 005 2.1000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0568 0.0568 0.0000 0.0000 0.0573 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.2365 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.6300e- 003 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Total 0.2382 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 19 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* ;: ;: 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.0000e- 005 2.0000e- 005 2.1000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0568 0.0568 0.0000 0.0000 0.0573 Total 3.0000e- 005 2.0000e- 005 2.1000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0568 0.0568 0.0000 0.0000 0.0573 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 20 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0660 0.1180 0.6223 1.4800e- 003 0.1420 1.3300e- 003 0.1433 0.0380 1.2500e- 003 0.0393 0.0000 139.2605 139.2605 7.3000e- 003 7.7700e- 003 141.7587 Unmitigated 0.0660 0.1180 0.6223 1.4800e- 003 0.1420 1.3300e- 003 0.1433 0.0380 1.2500e- 003 0.0393 0.0000 139.2605 139.2605 7.3000e- 003 7.7700e- 003 141.7587 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Single Family Housing 132.16 133.56 119.70 378,397 378,397 Total 132.16 133.56 119.70 378,397 378,397 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Single Family Housing 10.80 7.30 7.50 45.60 19.00 35.40 86 11 3 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Single Family Housing 0.511221 0.052103 0.170611 0.160645 0.028932 0.007649 0.013284 0.025916 0.000654 0.000315 0.023645 0.001472 0.003552 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 21 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I I I 3 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.3289 10.3289 1.6700e- 003 2.0000e- 004 10.4311 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.3289 10.3289 1.6700e- 003 2.0000e- 004 10.4311 NaturalGas Mitigated 1.8100e- 003 0.0155 6.6000e- 003 1.0000e- 004 1.2500e- 003 1.2500e- 003 1.2500e- 003 1.2500e- 003 0.0000 17.9583 17.9583 3.4000e- 004 3.3000e- 004 18.0650 NaturalGas Unmitigated 1.8100e- 003 0.0155 6.6000e- 003 1.0000e- 004 1.2500e- 003 1.2500e- 003 1.2500e- 003 1.2500e- 003 0.0000 17.9583 17.9583 3.4000e- 004 3.3000e- 004 18.0650 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 22 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* - - * 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Single Family Housing 336526 1.8100e- 003 0.0155 6.6000e- 003 1.0000e- 004 1.2500e- 003 1.2500e- 003 1.2500e- 003 1.2500e- 003 0.0000 17.9583 17.9583 3.4000e- 004 3.3000e- 004 18.0650 Total 1.8100e- 003 0.0155 6.6000e- 003 1.0000e- 004 1.2500e- 003 1.2500e- 003 1.2500e- 003 1.2500e- 003 0.0000 17.9583 17.9583 3.4000e- 004 3.3000e- 004 18.0650 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Single Family Housing 336526 1.8100e- 003 0.0155 6.6000e- 003 1.0000e- 004 1.2500e- 003 1.2500e- 003 1.2500e- 003 1.2500e- 003 0.0000 17.9583 17.9583 3.4000e- 004 3.3000e- 004 18.0650 Total 1.8100e- 003 0.0155 6.6000e- 003 1.0000e- 004 1.2500e- 003 1.2500e- 003 1.2500e- 003 1.2500e- 003 0.0000 17.9583 17.9583 3.4000e- 004 3.3000e- 004 18.0650 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 23 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I:i.i. i. ii 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Single Family Housing 111635 10.3289 1.6700e- 003 2.0000e- 004 10.4311 Total 10.3289 1.6700e- 003 2.0000e- 004 10.4311 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Single Family Housing 111635 10.3289 1.6700e- 003 2.0000e- 004 10.4311 Total 10.3289 1.6700e- 003 2.0000e- 004 10.4311 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 24 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied iiii. ii k, ii I I I k,I l I ii I l I ii ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.1258 6.4300e- 003 0.1061 4.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 6.2347 6.2347 2.8000e- 004 1.1000e- 004 6.2748 Unmitigated 0.1258 6.4300e- 003 0.1061 4.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 6.2347 6.2347 2.8000e- 004 1.1000e- 004 6.2748 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0237 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0984 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 6.1000e- 004 5.2400e- 003 2.2300e- 003 3.0000e- 005 4.2000e- 004 4.2000e- 004 4.2000e- 004 4.2000e- 004 0.0000 6.0649 6.0649 1.2000e- 004 1.1000e- 004 6.1009 Landscaping 3.1200e- 003 1.2000e- 003 0.1039 1.0000e- 005 5.8000e- 004 5.8000e- 004 5.8000e- 004 5.8000e- 004 0.0000 0.1698 0.1698 1.6000e- 004 0.0000 0.1739 Total 0.1258 6.4400e- 003 0.1061 4.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 6.2347 6.2347 2.8000e- 004 1.1000e- 004 6.2748 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 25 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -t 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0237 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0984 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 6.1000e- 004 5.2400e- 003 2.2300e- 003 3.0000e- 005 4.2000e- 004 4.2000e- 004 4.2000e- 004 4.2000e- 004 0.0000 6.0649 6.0649 1.2000e- 004 1.1000e- 004 6.1009 Landscaping 3.1200e- 003 1.2000e- 003 0.1039 1.0000e- 005 5.8000e- 004 5.8000e- 004 5.8000e- 004 5.8000e- 004 0.0000 0.1698 0.1698 1.6000e- 004 0.0000 0.1739 Total 0.1258 6.4400e- 003 0.1061 4.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 6.2347 6.2347 2.8000e- 004 1.1000e- 004 6.2748 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 26 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 0.9323 0.0298 7.1000e- 004 1.8908 Unmitigated 0.9323 0.0298 7.1000e- 004 1.8908 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Single Family Housing 0.912156 / 0.575055 0.9323 0.0298 7.1000e- 004 1.8908 Total 0.9323 0.0298 7.1000e- 004 1.8908 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 27 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1. tlIi. 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Single Family Housing 0.912156 / 0.575055 0.9323 0.0298 7.1000e- 004 1.8908 Total 0.9323 0.0298 7.1000e- 004 1.8908 Mitigated 8.1 Mitigation Measures Waste 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 3.3595 0.1985 0.0000 8.3230 Unmitigated 3.3595 0.1985 0.0000 8.3230 Category/Year CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 28 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I i. 1. i. 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Single Family Housing 16.55 3.3595 0.1985 0.0000 8.3230 Total 3.3595 0.1985 0.0000 8.3230 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Single Family Housing 16.55 3.3595 0.1985 0.0000 8.3230 Total 3.3595 0.1985 0.0000 8.3230 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 29 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,II k.Ii.I1. il I k,I A.i i. 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 2/22/2023 11:24 AMPage 30 of 30 Armstrong Apartments - Maximum buildout of the existing designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Armstrong Apartments - Maximum buildout of the proposed designation San Joaquin Valley Unified APCD Air District, Annual Project Characteristics - Land Use - Net acreage of the project site is 4.2 acres 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Apartments Low Rise 67.00 Dwelling Unit 4.20 67,000.00 213 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.7 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics 2.0 Emissions Summary Utility Company Pacific Gas and Electric Company 2024Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) Table Name Column Name Default Value New Value tblLandUse LotAcreage 4.19 4.20 tblWoodstoves NumberCatalytic 4.20 0.00 tblWoodstoves NumberNoncatalytic 4.20 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 1 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied JL -S_X -L X !!4!!4 i 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.2335 2.0352 2.2974 4.2200e- 003 0.1283 0.0961 0.2245 0.0526 0.0902 0.1428 0.0000 368.1579 368.1579 0.0794 3.3700e- 003 371.1478 2024 0.6416 0.1067 0.1585 2.6000e- 004 2.8000e- 003 5.0700e- 003 7.8800e- 003 7.5000e- 004 4.7500e- 003 5.4900e- 003 0.0000 22.8763 22.8763 5.6500e- 003 9.0000e- 005 23.0441 Maximum 0.6416 2.0352 2.2974 4.2200e- 003 0.1283 0.0961 0.2245 0.0526 0.0902 0.1428 0.0000 368.1579 368.1579 0.0794 3.3700e- 003 371.1478 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.2335 2.0352 2.2974 4.2200e- 003 0.1283 0.0961 0.2245 0.0526 0.0902 0.1428 0.0000 368.1576 368.1576 0.0794 3.3700e- 003 371.1474 2024 0.6416 0.1067 0.1585 2.6000e- 004 2.8000e- 003 5.0700e- 003 7.8800e- 003 7.5000e- 004 4.7500e- 003 5.4900e- 003 0.0000 22.8763 22.8763 5.6500e- 003 9.0000e- 005 23.0441 Maximum 0.6416 2.0352 2.2974 4.2200e- 003 0.1283 0.0961 0.2245 0.0526 0.0902 0.1428 0.0000 368.1576 368.1576 0.0794 3.3700e- 003 371.1474 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 2 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2023 3-31-2023 0.6502 0.6502 2 4-1-2023 6-30-2023 0.5372 0.5372 3 7-1-2023 9-30-2023 0.5431 0.5431 4 10-1-2023 12-31-2023 0.5437 0.5437 5 1-1-2024 3-31-2024 0.7139 0.7139 Highest 0.7139 0.7139 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.3424 0.0308 0.5079 1.9000e- 004 4.7800e- 003 4.7800e- 003 4.7800e- 003 4.7800e- 003 0.0000 29.8375 29.8375 1.3400e- 003 5.3000e- 004 30.0295 Energy 4.9300e- 003 0.0421 0.0179 2.7000e- 004 3.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 0.0000 74.4019 74.4019 5.0800e- 003 1.4000e- 003 74.9450 Mobile 0.2469 0.4415 2.3271 5.5400e- 003 0.5311 4.9700e- 003 0.5360 0.1421 4.6700e- 003 0.1468 0.0000 520.7970 520.7970 0.0273 0.0291 530.1396 Waste 0.0000 0.0000 0.0000 0.0000 6.2562 0.0000 6.2562 0.3697 0.0000 15.4994 Water 0.0000 0.0000 0.0000 0.0000 1.3849 3.0767 4.4616 0.1427 3.4200e- 003 9.0490 Total 0.5943 0.5144 2.8530 6.0000e- 003 0.5311 0.0132 0.5442 0.1421 0.0129 0.1550 7.6411 628.1131 635.7542 0.5462 0.0344 659.6626 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 3 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.3424 0.0308 0.5079 1.9000e- 004 4.7800e- 003 4.7800e- 003 4.7800e- 003 4.7800e- 003 0.0000 29.8375 29.8375 1.3400e- 003 5.3000e- 004 30.0295 Energy 4.9300e- 003 0.0421 0.0179 2.7000e- 004 3.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 0.0000 74.4019 74.4019 5.0800e- 003 1.4000e- 003 74.9450 Mobile 0.2469 0.4415 2.3271 5.5400e- 003 0.5311 4.9700e- 003 0.5360 0.1421 4.6700e- 003 0.1468 0.0000 520.7970 520.7970 0.0273 0.0291 530.1396 Waste 0.0000 0.0000 0.0000 0.0000 6.2562 0.0000 6.2562 0.3697 0.0000 15.4994 Water 0.0000 0.0000 0.0000 0.0000 1.3849 3.0767 4.4616 0.1427 3.4200e- 003 9.0490 Total 0.5943 0.5144 2.8530 6.0000e- 003 0.5311 0.0132 0.5442 0.1421 0.0129 0.1550 7.6411 628.1131 635.7542 0.5462 0.0344 659.6626 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 1/1/2023 1/27/2023 5 20 2 Site Preparation Site Preparation 1/28/2023 2/3/2023 5 5 3 Grading Grading 2/4/2023 2/15/2023 5 8 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 4 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 2/16/2023 1/3/2024 5 230 5 Paving Paving 1/4/2024 1/29/2024 5 18 6 Architectural Coating Architectural Coating 1/30/2024 2/22/2024 5 18 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 2 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Building Construction Cranes 1 7.00 231 0.29 Demolition Excavators 3 8.00 158 0.38 Grading Excavators 1 8.00 158 0.38 Building Construction Forklifts 3 8.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Grading Graders 1 8.00 187 0.41 Paving Pavers 1 8.00 130 0.42 Paving Paving Equipment 2 6.00 132 0.36 Paving Rollers 2 6.00 80 0.38 Demolition Rubber Tired Dozers 2 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Site Preparation Rubber Tired Dozers 3 8.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37 Residential Indoor: 135,675; Residential Outdoor: 45,225; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 7.5 Acres of Grading (Grading Phase): 8 Acres of Paving: 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 5 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9921 33.9921 9.5200e- 003 0.0000 34.2301 Total 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9921 33.9921 9.5200e- 003 0.0000 34.2301 Unmitigated Construction On-Site 3.1 Mitigation Measures Construction Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Building Construction Welders 1 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 48.00 7.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 8 20.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 6 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 i i i i i i i i i i i i i i i i i i i i i i i i i i■i :i i i i i i i i i i i i i■■ ■ 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Total 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9920 33.9920 9.5200e- 003 0.0000 34.2300 Total 0.0227 0.2148 0.1964 3.9000e- 004 9.9800e- 003 9.9800e- 003 9.2800e- 003 9.2800e- 003 0.0000 33.9920 33.9920 9.5200e- 003 0.0000 34.2300 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 7 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Total 4.7000e- 004 3.2000e- 004 3.7300e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.2000e- 004 0.0000 0.9711 0.9711 3.0000e- 005 3.0000e- 005 0.9803 Mitigated Construction Off-Site 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6500e- 003 0.0688 0.0456 1.0000e- 004 3.1700e- 003 3.1700e- 003 2.9100e- 003 2.9100e- 003 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Total 6.6500e- 003 0.0688 0.0456 1.0000e- 004 0.0491 3.1700e- 003 0.0523 0.0253 2.9100e- 003 0.0282 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 8 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Total 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0491 0.0000 0.0491 0.0253 0.0000 0.0253 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6500e- 003 0.0688 0.0456 1.0000e- 004 3.1700e- 003 3.1700e- 003 2.9100e- 003 2.9100e- 003 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Total 6.6500e- 003 0.0688 0.0456 1.0000e- 004 0.0491 3.1700e- 003 0.0523 0.0253 2.9100e- 003 0.0282 0.0000 8.3627 8.3627 2.7000e- 003 0.0000 8.4303 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 9 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Total 1.4000e- 004 9.0000e- 005 1.1200e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.2913 0.2913 1.0000e- 005 1.0000e- 005 0.2941 Mitigated Construction Off-Site 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.8400e- 003 0.0717 0.0590 1.2000e- 004 3.1000e- 003 3.1000e- 003 2.8500e- 003 2.8500e- 003 0.0000 10.4243 10.4243 3.3700e- 003 0.0000 10.5085 Total 6.8400e- 003 0.0717 0.0590 1.2000e- 004 0.0283 3.1000e- 003 0.0314 0.0137 2.8500e- 003 0.0166 0.0000 10.4243 10.4243 3.3700e- 003 0.0000 10.5085 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 10 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Total 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0283 0.0000 0.0283 0.0137 0.0000 0.0137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.8400e- 003 0.0717 0.0590 1.2000e- 004 3.1000e- 003 3.1000e- 003 2.8500e- 003 2.8500e- 003 0.0000 10.4242 10.4242 3.3700e- 003 0.0000 10.5085 Total 6.8400e- 003 0.0717 0.0590 1.2000e- 004 0.0283 3.1000e- 003 0.0314 0.0137 2.8500e- 003 0.0166 0.0000 10.4242 10.4242 3.3700e- 003 0.0000 10.5085 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 11 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Total 1.9000e- 004 1.3000e- 004 1.4900e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.3884 0.3884 1.0000e- 005 1.0000e- 005 0.3921 Mitigated Construction Off-Site 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0984 263.0984 0.0626 0.0000 264.6631 Total 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0984 263.0984 0.0626 0.0000 264.6631 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 12 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 8.8000e- 004 0.0351 0.0108 1.6000e- 004 5.2700e- 003 2.3000e- 004 5.5000e- 003 1.5200e- 003 2.2000e- 004 1.7400e- 003 0.0000 15.3590 15.3590 7.0000e- 005 2.3000e- 003 16.0455 Worker 0.0171 0.0115 0.1356 3.8000e- 004 0.0436 2.3000e- 004 0.0438 0.0116 2.1000e- 004 0.0118 0.0000 35.2707 35.2707 1.1000e- 003 1.0300e- 003 35.6039 Total 0.0180 0.0466 0.1463 5.4000e- 004 0.0488 4.6000e- 004 0.0493 0.0131 4.3000e- 004 0.0135 0.0000 50.6297 50.6297 1.1700e- 003 3.3300e- 003 51.6493 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0981 263.0981 0.0626 0.0000 264.6628 Total 0.1785 1.6327 1.8437 3.0600e- 003 0.0794 0.0794 0.0747 0.0747 0.0000 263.0981 263.0981 0.0626 0.0000 264.6628 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 13 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 8.8000e- 004 0.0351 0.0108 1.6000e- 004 5.2700e- 003 2.3000e- 004 5.5000e- 003 1.5200e- 003 2.2000e- 004 1.7400e- 003 0.0000 15.3590 15.3590 7.0000e- 005 2.3000e- 003 16.0455 Worker 0.0171 0.0115 0.1356 3.8000e- 004 0.0436 2.3000e- 004 0.0438 0.0116 2.1000e- 004 0.0118 0.0000 35.2707 35.2707 1.1000e- 003 1.0300e- 003 35.6039 Total 0.0180 0.0466 0.1463 5.4000e- 004 0.0488 4.6000e- 004 0.0493 0.0131 4.3000e- 004 0.0135 0.0000 50.6297 50.6297 1.1700e- 003 3.3300e- 003 51.6493 Mitigated Construction Off-Site 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Total 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 14 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* ;: 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0000e- 005 4.6000e- 004 1.4000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1997 0.1997 0.0000 3.0000e- 005 0.2087 Worker 2.1000e- 004 1.3000e- 004 1.6600e- 003 0.0000 5.8000e- 004 0.0000 5.8000e- 004 1.5000e- 004 0.0000 1.6000e- 004 0.0000 0.4544 0.4544 1.0000e- 005 1.0000e- 005 0.4585 Total 2.2000e- 004 5.9000e- 004 1.8000e- 003 0.0000 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.8000e- 004 0.0000 0.6542 0.6542 1.0000e- 005 4.0000e- 005 0.6672 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Total 2.2100e- 003 0.0202 0.0243 4.0000e- 005 9.2000e- 004 9.2000e- 004 8.7000e- 004 8.7000e- 004 0.0000 3.4777 3.4777 8.2000e- 004 0.0000 3.4983 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 15 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* : 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0000e- 005 4.6000e- 004 1.4000e- 004 0.0000 7.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1997 0.1997 0.0000 3.0000e- 005 0.2087 Worker 2.1000e- 004 1.3000e- 004 1.6600e- 003 0.0000 5.8000e- 004 0.0000 5.8000e- 004 1.5000e- 004 0.0000 1.6000e- 004 0.0000 0.4544 0.4544 1.0000e- 005 1.0000e- 005 0.4585 Total 2.2000e- 004 5.9000e- 004 1.8000e- 003 0.0000 6.5000e- 004 0.0000 6.5000e- 004 1.7000e- 004 0.0000 1.8000e- 004 0.0000 0.6542 0.6542 1.0000e- 005 4.0000e- 005 0.6672 Mitigated Construction Off-Site 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 16 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Total 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 7.9300e- 003 0.0745 0.1100 1.7000e- 004 3.5900e- 003 3.5900e- 003 3.3200e- 003 3.3200e- 003 0.0000 14.7423 14.7423 4.6300e- 003 0.0000 14.8581 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 17 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* ;: ;: 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Total 5.2000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.1361 1.1361 3.0000e- 005 3.0000e- 005 1.1463 Mitigated Construction Off-Site 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.6289 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.6300e- 003 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Total 0.6305 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 18 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.6000e- 004 1.7000e- 004 2.0700e- 003 1.0000e- 005 7.2000e- 004 0.0000 7.2000e- 004 1.9000e- 004 0.0000 1.9000e- 004 0.0000 0.5681 0.5681 2.0000e- 005 2.0000e- 005 0.5731 Total 2.6000e- 004 1.7000e- 004 2.0700e- 003 1.0000e- 005 7.2000e- 004 0.0000 7.2000e- 004 1.9000e- 004 0.0000 1.9000e- 004 0.0000 0.5681 0.5681 2.0000e- 005 2.0000e- 005 0.5731 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.6289 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.6300e- 003 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Total 0.6305 0.0110 0.0163 3.0000e- 005 5.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 0.0000 2.2979 2.2979 1.3000e- 004 0.0000 2.3012 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 19 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* ;: ;: 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.6000e- 004 1.7000e- 004 2.0700e- 003 1.0000e- 005 7.2000e- 004 0.0000 7.2000e- 004 1.9000e- 004 0.0000 1.9000e- 004 0.0000 0.5681 0.5681 2.0000e- 005 2.0000e- 005 0.5731 Total 2.6000e- 004 1.7000e- 004 2.0700e- 003 1.0000e- 005 7.2000e- 004 0.0000 7.2000e- 004 1.9000e- 004 0.0000 1.9000e- 004 0.0000 0.5681 0.5681 2.0000e- 005 2.0000e- 005 0.5731 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 20 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* ■* 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.2469 0.4415 2.3271 5.5400e- 003 0.5311 4.9700e- 003 0.5360 0.1421 4.6700e- 003 0.1468 0.0000 520.7970 520.7970 0.0273 0.0291 530.1396 Unmitigated 0.2469 0.4415 2.3271 5.5400e- 003 0.5311 4.9700e- 003 0.5360 0.1421 4.6700e- 003 0.1468 0.0000 520.7970 520.7970 0.0273 0.0291 530.1396 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Apartments Low Rise 490.44 545.38 420.76 1,415,103 1,415,103 Total 490.44 545.38 420.76 1,415,103 1,415,103 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Apartments Low Rise 10.80 7.30 7.50 45.60 19.00 35.40 86 11 3 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Apartments Low Rise 0.511221 0.052103 0.170611 0.160645 0.028932 0.007649 0.013284 0.025916 0.000654 0.000315 0.023645 0.001472 0.003552 CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 21 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I I I 3 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 25.6086 25.6086 4.1400e- 003 5.0000e- 004 25.8619 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 25.6086 25.6086 4.1400e- 003 5.0000e- 004 25.8619 NaturalGas Mitigated 4.9300e- 003 0.0421 0.0179 2.7000e- 004 3.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 0.0000 48.7932 48.7932 9.4000e- 004 8.9000e- 004 49.0832 NaturalGas Unmitigated 4.9300e- 003 0.0421 0.0179 2.7000e- 004 3.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 0.0000 48.7932 48.7932 9.4000e- 004 8.9000e- 004 49.0832 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 22 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* - - * 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Apartments Low Rise 914350 4.9300e- 003 0.0421 0.0179 2.7000e- 004 3.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 0.0000 48.7932 48.7932 9.4000e- 004 8.9000e- 004 49.0832 Total 4.9300e- 003 0.0421 0.0179 2.7000e- 004 3.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 0.0000 48.7932 48.7932 9.4000e- 004 8.9000e- 004 49.0832 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Apartments Low Rise 914350 4.9300e- 003 0.0421 0.0179 2.7000e- 004 3.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 0.0000 48.7932 48.7932 9.4000e- 004 8.9000e- 004 49.0832 Total 4.9300e- 003 0.0421 0.0179 2.7000e- 004 3.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 0.0000 48.7932 48.7932 9.4000e- 004 8.9000e- 004 49.0832 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 23 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I:i.i. i. ii 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Apartments Low Rise 276779 25.6086 4.1400e- 003 5.0000e- 004 25.8619 Total 25.6086 4.1400e- 003 5.0000e- 004 25.8619 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Apartments Low Rise 276779 25.6086 4.1400e- 003 5.0000e- 004 25.8619 Total 25.6086 4.1400e- 003 5.0000e- 004 25.8619 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 24 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied iiii. ii k, ii I I I k,I l I ii I l I ii ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.3424 0.0308 0.5079 1.9000e- 004 4.7800e- 003 4.7800e- 003 4.7800e- 003 4.7800e- 003 0.0000 29.8375 29.8375 1.3400e- 003 5.3000e- 004 30.0295 Unmitigated 0.3424 0.0308 0.5079 1.9000e- 004 4.7800e- 003 4.7800e- 003 4.7800e- 003 4.7800e- 003 0.0000 29.8375 29.8375 1.3400e- 003 5.3000e- 004 30.0295 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0629 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.2617 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 2.9300e- 003 0.0251 0.0107 1.6000e- 004 2.0300e- 003 2.0300e- 003 2.0300e- 003 2.0300e- 003 0.0000 29.0249 29.0249 5.6000e- 004 5.3000e- 004 29.1974 Landscaping 0.0150 5.7300e- 003 0.4973 3.0000e- 005 2.7600e- 003 2.7600e- 003 2.7600e- 003 2.7600e- 003 0.0000 0.8126 0.8126 7.8000e- 004 0.0000 0.8321 Total 0.3424 0.0308 0.5079 1.9000e- 004 4.7900e- 003 4.7900e- 003 4.7900e- 003 4.7900e- 003 0.0000 29.8375 29.8375 1.3400e- 003 5.3000e- 004 30.0295 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 25 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -t 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0629 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.2617 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 2.9300e- 003 0.0251 0.0107 1.6000e- 004 2.0300e- 003 2.0300e- 003 2.0300e- 003 2.0300e- 003 0.0000 29.0249 29.0249 5.6000e- 004 5.3000e- 004 29.1974 Landscaping 0.0150 5.7300e- 003 0.4973 3.0000e- 005 2.7600e- 003 2.7600e- 003 2.7600e- 003 2.7600e- 003 0.0000 0.8126 0.8126 7.8000e- 004 0.0000 0.8321 Total 0.3424 0.0308 0.5079 1.9000e- 004 4.7900e- 003 4.7900e- 003 4.7900e- 003 4.7900e- 003 0.0000 29.8375 29.8375 1.3400e- 003 5.3000e- 004 30.0295 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 26 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 4.4616 0.1427 3.4200e- 003 9.0490 Unmitigated 4.4616 0.1427 3.4200e- 003 9.0490 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Apartments Low Rise 4.36532 / 2.75205 4.4616 0.1427 3.4200e- 003 9.0490 Total 4.4616 0.1427 3.4200e- 003 9.0490 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 27 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1. tlIi. 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Apartments Low Rise 4.36532 / 2.75205 4.4616 0.1427 3.4200e- 003 9.0490 Total 4.4616 0.1427 3.4200e- 003 9.0490 Mitigated 8.1 Mitigation Measures Waste 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 6.2562 0.3697 0.0000 15.4994 Unmitigated 6.2562 0.3697 0.0000 15.4994 Category/Year CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 28 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I i. 1. i. 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Apartments Low Rise 30.82 6.2562 0.3697 0.0000 15.4994 Total 6.2562 0.3697 0.0000 15.4994 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Apartments Low Rise 30.82 6.2562 0.3697 0.0000 15.4994 Total 6.2562 0.3697 0.0000 15.4994 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 29 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,II k.Ii.I1. il I k,I A.i i. 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 2/23/2023 11:25 AMPage 30 of 30 Armstrong Apartments - Maximum buildout of the proposed designation - San Joaquin Valley Unified APCD Air District, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 175 6.2 Appendix B: CHRIS Record Search Results, NAHC Correspondence, Historic Review Report • CHRIS Record Search Results: Prepared by Southern San Joaquin Information Center (SSJIC) on January 10, 2023 (Record Search File Number 22-321) and November 28, 2022 (Record Search File Number 22-481). • NAHC Correspondence: Prepared by California Native American Heritage Commission (NAHC) on February 16, 2023. • Historic Review Report: Prepared by Karana Hattersley-Drayton, M.A., Architectural Historian, dated February 12, 2023. To: Shin Tu Record Search 22-481 Precision Civil Engineering, Inc. 1234 O Street Fresno, CA 93721 Date: January 10, 2023 Re: Armstrong Apartments (Development Permit No. P22-02376) County: Fresno Map(s): Clovis 7.5’ CULTURAL RESOURCES RECORDS SEARCH The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public. Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law. The following are the results of a search of the cultural resource files at the Southern San Joaquin Valley Information Center. These files include known and recorded cultural resources sites, inventory and excavation reports filed with this office, and resources listed on the National Register of Historic Places, the OHP Built Environment Resources Directory, California State Historical Landmarks, California Register of Historical Resources, California Inventory of Historic Resources, and California Points of Historical Interest. Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the OHP are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. PRIOR CULTURAL RESOURCE STUDIES CONDUCTED WITHIN THE PROJECT AREA AND THE ONE-HALF MILE RADIUS According to the information in our files, there have been no previous cultural resource studies completed within the project area. Additionally, there have been four cultural resource studies conducted within the one-half mile radius: FR-01130, 03013, 03014, and 3016. Southern San Joaquin Valley Information Center California State University, Bakersfield Mail Stop: 72 DOB 9001 Stockdale Highway Bakersfield, California 93311-1022 (661)654-2289 E-mail: ssjvic@csub.edu Website: www.csub.edu/ssjvic -California Historical Resources J_n formation _S y stem Fresno Kern Kings Madera Tulare ft ■' . • 'o Record Search 22-481 KNOWN/RECORDED CULTURAL RESOURCES WITHIN THE PROJECT AREA AND THE ONE-HALF MILE RADIUS According to the information in our files, there are no recorded resources within the project area or within the one-half mile radius, and it is unknown if any exist there. There are no recorded cultural resources within the project area or radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, for the California State Historic Landmarks. COMMENTS AND RECOMMENDATIONS We understand this project consists of construction of a 64-unit multi-family residential structure. Further, we understand the property is currently developed with five structures, built in 1962. According to our records, these structures have never been recorded or evaluated for historical significance. Therefore, prior to alteration or demolition of the existing structures, we recommend they first be recorded and evaluated for historical significance by a qualified, professional consultant. Additionally, if any cultural resources are unearthed during ground disturbance activities, all work must halt in the area of the find and a qualified, professional consultant should be called out to assess the findings and make the appropriate mitigation recommendations. A list of qualified consultants can be found at www.chrisinfo.org. We also recommend that you contact the Native American Heritage Commission in Sacramento. They will provide you with a current list of Native American individuals/organizations that can assist you with information regarding cultural resources that may not be included in the CHRIS Inventory and that may be of concern to the Native groups in the area. The Commission can consult their "Sacred Lands Inventory" file to determine what sacred resources, if any, exist within this project area and the way in which these resources might be managed. Finally, please consult with the lead agency on this project to determine if any other cultural resource investigation is required. If you need any additional information or have any questions or concerns, please contact our office at (661) 654-2289. By: Celeste M. Thomson, Coordinator Date: January 10, 2023 Please note that invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office. STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE A MERICAN HERITAGE COMMISSION Page 1 of 2 February 16, 2023 Shin Tu Precision Civil Engineering Via Email to: stu@precisioneng.net Re: Native American Consultation, Pursuant to Senate Bill 18 (SB18), Government Codes §65352.3 and §65352.4, as well as Assembly Bill 52 (AB52), Public Resources Codes §21080.1, §21080.3.1 and §21080.3.2, Armstrong Apartments (Development Permit No. P22-02376) Project, Fresno County Dear Mr. Tu: Attached is a consultation list of tribes with traditional lands or cultural places located within the boundaries of the above referenced counties or projects. Government Codes §65352.3 and §65352.4 require local governments to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of avoiding, protecting, and/or mitigating impacts to cultural places when creating or amending General Plans, Specific Plans and Community Plans. Public Resources Codes §21080.3.1 and §21080.3.2 requires public agencies to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of avoiding, protecting, and/or mitigating impacts to tribal cultural resources as defined, for California Environmental Quality Act (CEQA) projects. The law does not preclude local governments and agencies from initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction. The NAHC believes that this is the best practice to ensure that tribes are consulted commensurate with the intent of the law. Best practice for the AB52 process and in accordance with Public Resources Code §21080.3.1(d), is to do the following: Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section. The NAHC also recommends, but does not require that lead agencies include in their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential affect (APE), such as: CHAIRPERSON Laura Miranda Luiseño VICE CHAIRPERSON Reginald Pagaling Chumash SECRETARY Sara Dutschke Miwok COMMISSIONER Isaac Bojorquez Ohlone-Costanoan COMMISSIONER Buffy McQuillen Yokayo Pomo, Yuki, Nomlaki COMMISSIONER Wayne Nelson Luiseño COMMISSIONER Stanley Rodriguez Kumeyaay COMMISSIONER [Vacant] COMMISSIONER [Vacant] EXECUTIVE SECRETARY Raymond C. Hitchcock Miwok/Nisenan NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov V. <oZft3:z id. Page 2 of 2 1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to: • A listing of any and all known cultural resources have already been recorded on or adjacent to the APE, such as known archaeological sites; • Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate or high probability that unrecorded cultural resources are located in the APE; and • If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present. 2. The results of any archaeological inventory survey that was conducted, including: • Any report that may contain site forms, site significance, and suggested mitigation measures. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code Section 6254.10. 3. The result of the Sacred Lands File (SFL) check conducted through the Native American Heritage Commission was negative. 4. Any ethnographic studies conducted for any area including all or part of the potential APE; and 5. Any geotechnical reports regarding all or part of the potential APE. Lead agencies should be aware that records maintained by the NAHC and CHRIS is not exhaustive, and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource. This information will aid tribes in determining whether to request formal consultation. In the event, that they do, having the information beforehand well help to facilitate the consultation process. If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance we can assure that our consultation list remains current. If you have any questions, please contact me at my email address: Cameron.vela@nahc.ca.gov. Sincerely, Cameron Vela Cultural Resources Analyst Attachment Big Sandy Rancheria of Western Mono Indians Elizabeth Kipp, Chairperson P.O. Box 337 Auberry, CA, 93602 Phone: (559) 374 - 0066 Fax: (559) 374-0055 lkipp@bsrnation.com Western Mono Cold Springs Rancheria of Mono Indians Carol Bill, Chairperson P.O. Box 209 Tollhouse, CA, 93667 Phone: (559) 855 - 5043 Fax: (559) 855-4445 coldsprgstribe@netptc.net Mono Dumna Wo-Wah Tribal Government Robert Ledger, Chairperson 2191 West Pico Ave. Fresno, CA, 93705 Phone: (559) 540 - 6346 ledgerrobert@ymail.com Foothill Yokut Mono Kings River Choinumni Farm Tribe Stan Alec, 3515 East Fedora Avenue Fresno, CA, 93726 Phone: (559) 647 - 3227 Foothill Yokut North Fork Mono Tribe Ron Goode, Chairperson 13396 Tollhouse Road Clovis, CA, 93619 Phone: (559) 299 - 3729 rwgoode911@hotmail.com Mono North Valley Yokuts Tribe Katherine Perez, Chairperson P.O. Box 717 Linden, CA, 95236 Phone: (209) 887 - 3415 canutes@verizon.net Costanoan Northern Valley Yokut North Valley Yokuts Tribe Timothy Perez, P.O. Box 717 Linden, CA, 95236 Phone: (209) 662 - 2788 huskanam@gmail.com Costanoan Northern Valley Yokut Picayune Rancheria of Chukchansi Indians Claudia Gonzales, Chairwoman P.O. Box 2226 Oakhurst, CA, 93644 Phone: (559) 412 - 5590 cgonzales@chukchansitribe.net Foothill Yokut Table Mountain Rancheria Brenda Lavell, Chairperson P.O. Box 410 Friant, CA, 93626 Phone: (559) 822 - 2587 Fax: (559) 822-2693 rpennell@tmr.org Yokut Traditional Choinumni Tribe David Alvarez, Chairperson 2415 E. Houston Avenue Fresno, CA, 93720 Phone: (559) 217 - 0396 Fax: (559) 292-5057 davealvarez@sbcglobal.net Foothill Yokut Tule River Indian Tribe Neil Peyron, Chairperson P.O. Box 589 Porterville, CA, 93258 Phone: (559) 781 - 4271 Fax: (559) 781-4610 neil.peyron@tulerivertribe-nsn.gov Yokut Wuksache Indian Tribe/Eshom Valley Band Kenneth Woodrow, Chairperson 1179 Rock Haven Ct. Salinas, CA, 93906 Phone: (831) 443 - 9702 kwood8934@aol.com Foothill Yokut Mono 1 of 1 This list is current only as of the date of this document and is based on the information available to the Commission on the date it was produced. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is applicable only for consultation with Native American tribes under Government Code Sections 65352.3, 65352.4 et seq. and Public Resources Code Sections 21080.3.1 for the proposed Armstrong Apartments (Development Permit No. P22-02376) Project, Fresno County. PROJ-2023- 000715 02/16/2023 12:14 PM Native American Heritage Commission Tribal Consultation List Fresno County 2/16/2023 February 12, 2023 To: Scott Vincent via e-mail The Vincent Company 1500 Shaw Avenue Suite 304 Fresno, CA 93711 From: Karana Hattersley-Drayton, M.A. Architectural Historian karanadrayton@comcast.net 4110 N. Maroa Avenue Fresno, CA 93704 Re: Historic Review, (for) Proposed Multi-family Residential Development Located at 2594 N. Armstrong Avenue 93727 (APN: 310- 250-13). Summary: Karana Hattersley-Drayton, M.A. who meets the Secretary of the Interior's Professional Qualifications as both an architectural historian and historian, was contracted on January 26, 2023 to provide a historic review pursuant to the California Environmental Quality Act of buildings located on the 4.39-acre parcel at 2594 N. Armstrong Avenue in southeast Fresno. The four buildings are slated for demolition for a proposed multi-family development of 64 units. Ms. Drayton visited the site on February 4th to photograph and record the buildings (see attached State of California DPR forms). Ms. Drayton then researched the history of the site using County Atlases, local histories and an interview with the current owner, Bob Duley on 8 February. This report documents the efforts to identify historic properties that may be affected directly or indirectly by the proposed project pursuant to 36 CFR 800.4 (d) (1). The report also fulfills California Environmental Quality Act (CEQA) requirements that mandate public agencies determine whether a project will have a significant impact on important historical resources. A substantial adverse change in the significant qualities of a historical resource is considered a significant impact. As defined by CEQA, in part, a “historical resource” is a resource listed in, or determined to be eligible for listing in, the California Register AIIliIIII■111 of Historical Resources (CRHR) [14 California Code of Regulations (CCR) 15064.5 (a)(3)]. Findings: Pursuant to 36 CFR 800.4 (d) (1) none of the four buildings located on this 4.39-acre parcel appear to meet eligibility for the California Register (or Fresno's Local Register of Historic Resources). There is no evidence that the cl962 residence, garage and office building are associated with significant historic events (Criterion 1) or are associated with persons of importance in local or regional history (Criterion 2). All are typical mid-century rural buildings (Criterion 3). Additonally, there is no evidence that the buildings may yield information important in prehistory (Criterion 4). Although the owner of the property in 1891, George Eggers, was important in early farming and viticulture in the Fresno area, none of the extant buildings are attributed to his tenure. The shed outbuilding on site appears to predate the 1962 residence, based on its materials and construction, however, it has lost any historic context and thus is also not a historic resource. The demolition of these buildings will therefore not create a substantial adverse change to a historic resource. History of the Site: The City of Fresno was founded in 1872 by the Central Pacific Railroad. The Contract and Finance Company, a subsidiary of the Railroad, bought 4,480 acres in a desolate area where Dry Creek drained into the plains. Surveyor Edward H. Mix laid out the new town in blocks 320 feet by 400 feet, with 20 foot alleys, with lots 25x150 feet fronting on 80-foot wide streets parallel to and on both sides of the tracks (Clough and Secrest 1984:121). Fresno’s location was uninviting at best, with barren sand plains in all directions. Fresno grew slowly but in 1874 it was able to wrestle the county seat away from the former mining town of Millerton (Hoover 1990:88). The 1880s, however, were prosperous years and the desert was turned into profitable farmland with the introduction of irrigation and agricultural colonies. By 1903 there were 48 separate colonies or tracts in Fresno County representing approximately 71,080 acres (Ranter 1994:9). These colonies helped to break up the vast estates and initiated what agricultural historian Donald Pisani has termed "the horticultural small-farm phase" of California agriculture (Datel 1999:97). Several agricultural colonies were located near to the project site-for example, the Temperance Colony was located due south, the Eggers Colony was adjacent to it-however, ownership of the parcels in this section (Section 27 T13S R21E) were small independent landowners. The earliest known owner of the parcel was George H. Eggers, who owned the entirety of Section 27 in 1891 (Thompson 1891:60). Eggers and his brother were early Fresno area wheat and barley farmers who by the 1880s were growing grapes for their winery located west on Sections 29 T13S R21E. The winery produced 65,000 gallons in 1884 and 125,000 in 1886, of all the typical wines—Claret, Angelicas, Ports and white. The Egger's Vineyard Company Winery did not turn a profit until 1885 (Clough and Secrest 1984: 149; Sanborn Fire Insurance Maps 1888, 1898, 1906, 1918 -1919). The Eggers Ranch house was located on the current site of the Fresno Air Terminal (Rehart 1996:58). By 1907 Section 27 was subdivided into 40-acre parcels. In 1907 Lot 7 was owned by an R. M. Nill. From 1909-1913 S. E. Nill is listed as the owner. By 1935 O.K. Cushing owned the property. The residence on site was constructed circa 1962 according to various realty listings (redfin.com). Circa 1992 to circa 1999 the property operated as a nursery, Fresno Tree Farm (Duley 8 February 2023). 60 TOWNSHIP 13 SOUTH, RANGE £1 EAST, j w a Cafeii#-v/ ■GWWm.CM.J.W J W. 3/ ie s 3 2 &ttft"?Owe nHelm Cote Cs/e Cate.jmesu.Q •$Ts~ij ¥»%\rII. nCM.John J D./J.D.R T.tramr \0 it ua ib)Fn.\/}\Owen.Cola Rayburn Rayburn. Ijelm.Les/sr.U y \\i ctto\l&r* lt>\\ fla3to\•ft/\at_H, jiJU, d.n.\J.D.Wm H."jVwastf,\yfhjL\rr •=t 13tISie\ ’£enih'L\!$*£ : Rayburn.Helm Bowcher.Jo arm a n .S m\&?*l $/tj « ? t* \ BnetuiOeITCUitt §w:r.Alt'.III 1.•eVo/; Schmitt My® rSaneTorpeyM.F.M■H i-£ff-M81t;J*r MrsWWM _ TO 1 i(S. kcWntw. Carry KJe»] . W4>« SeofiW. 'hcALCt G W.Tarpey Chrmanchtr.lit WCmtio Taft. StmheB H.T.ITr linet/e.£»fiw WerfS Hg CK*3lM*.A!A.H C I l Claiki Krues an.ME# 2 ItS Wtn.L. India loloo/mson. HP.w?i to3 ».r:A ; Cfli O''! Uj§ B ammMJh'!' G.HaH.C.Evans Geo H. Berta!&Oeattenw87T W~ JJeM ' ’ yJtti/. 5T51J4.jt*few* _ Pee*#, i\: p>^-Worton.-Eggere Eggerswb.Jot. Wm.ChishalrnT1 |« I.:5*w» ismtPr n*9*/V ffcrrvbIrisw. a mi mmtrfJAtticMeY .frffr TT IT ,S.ce i..F.liijii?i/i/ ■F|Fr W. 1.tt-.for1/7.SASmith.mJ ™ ^ 35f*7i cNM0 "j I. hii JIT Wallace\*\m ueF J H i*"! j Vjuma Sp5 I t£gIff.j/pei ary. JW1m in.f!S Thompson Atlas 1891:60 Pursuant to 36 CFR 800.4 (d) (1) none of the four buildings located on this 4.39-acre parcel appear to meet eligibility for the California Register (or Fresno's Local Register of Historic Resources). Although the owner of the property in 1891, George Eggers, was important in early farming and viticulture in the Fresno area, none of the extant buildings are attributed to his tenure. The shed outbuilding on site appears to predate the 1962 residence, based on its materials and construction, however, it has lost any historic context and thus is also not a historic resource. The demolition of these buildings will therefore not create a substantial adverse change to a historic resource. Karana Hatters ley-Drayton has a B.A., M.A. and completed three years of coursework for a Ph. D. in architectural history, all at U.C. Berkeley. Ms. Drayton moved to Fresno in 1999 to work as an architectural historian for Caltrans, District 06, and in 2002 she was hired by the City of Fresno as the Historic Preservation Project Manager. She retired from the City in 2017 and currently teaches architectural history at California State University, Fresno. i r4 i M \ i <\r;/iv' r/ ai.0> ' ii ■'ir.*a;Tip j i Inf Mr. W y I -r Igassj*-V-.*, •m* ar. ~i f*i!X Rear Elevation of Office (Map Reference #3J References: Clough, Charles W. and William B. Secrest, Jr. 1984 Fresno County-The Pioneer Years: From the Beginnings to 1900. Panorama West Books, Fresno, California. Date!, Robin Elisabeth 1999 “Picturing the Central Valley through Maps.” In Picturing California's Other Landscape: the Great Central Valley. Ed. Heath Schenker, 93-116. Heyday Books, Berkeley, California. Duley, Bob. Personal interview 4 February 2023. Hoover, Mildred Brooke, Hero Eugene Rensch, Ethel Grace Rensch and William N. Abeloe. Historic Spots in California, 4th edition, revised by Douglas E. Kyle.1990 Stanford University Press. 2008 "Mid-century Modernism Historic Context." Prepared by Planning Associates Inc. for the City of Fresno. Panter, John “Central California Colony: ‘Marvel of the Desert.” Fresno Past And Present 36:2 (Summer 1994) 1-11, Fresno Historical Society. Rehart, Catherine Morrison 1996. The Valley's Legends and Legacies. Word Dancer Press, Fresno, California. Maps 1935 Progressive atlas of Fresno County: compiled from official and private data, Progressive Map Service .Fresno, CA. 1909, 1911, 1913 Guard, W.C. Atlas of Fresno County, California, W.C. Guard, Fresno, CA. 1907 Harvey, William Sr. Atlas of Fresno County, California, William Harvey, Sr. 1907. 1891 Thompson, Thomas Hinckley Official Historical Atlas Map of Fresno County. T.H. Thompson, Oakland, California. Sanborn maps May 1888,1898,1906, but not depicted on 1918 >1919 Sanborns Primary # HRI#____ State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Trinomial________ NRHP Status Code Other Listings Review Code_DateReviewer P1. Resource Name(s) or Number: (Former) Fresno Tree Farm *P2. Location: *a. County: Fresno *b. USGS 7.5' Quad: Clovis 1964 Photorevised 1981, Parcel located in the West 14 of Lot 7 Section 27 T13S R21E c. Address: 2594 North Armstrong Avenue, Fresno 93727 d. Assessor’s Parcel Number: 310-250-13 *P3a. Description: Four buildings are located on this 4.39-acre parcel. Map Reference #1 is a 3 bedroom, 1 story, 1918 sf single-family residence on a raised concrete foundation. The building faces south on the parcel and has a cross gabled low pitched roof with exposed rafter tails. The frame constructed building has an irregular plan and is clad with vertical wood siding. All windows are 2 pane vinyl clad horizontal or vertical sliders. An external brick chimney is on the east elevation. The front door is located in the center of the facade and has a heavy security screen door. A single mature palm tree is located in front of the home, outside the yard's perimeter fence. Map Reference #2 is a detached 2-car garage. It is located off the northwest corner of the residence and faces north onto a gravel driveway. The building is framed construction with vertical wood siding. The front gabled roof has a medium pitch of asbestos shingles with a boxed cornice. A door to the garage is located on the east elevation and there is one vinyl sash window on the south end of the building. Continued *P3b. Resource Attributes: HP2 (Single family residence), HP4 (ancillary buildings) *P4. Resources Present: • Building P5b Photo date: 4 February 2023 &RS *P6. Date Constructed/Age and Sources: 1962 redfin.com!i* if;,-A rjT *P7. Owner and Address: Armstrong LLC 978 W. Alluvial, Suite 101 Fresno, CA 93711 r. —) ■ -M" k , li *P8. Recorded by: Karana Hattersley-Drayton, M.A. (for) The Vincent Company 1500 Shaw Avenue Suite 304 Fresno, CA 93711 ■ % r," 1. t)lV.■■ i-;- rfm -;t. IEm.*€S>;1 MM *P9. Date Recorded: 4 February 2023 a. «. £• ..w- -.r'W- *P10. Survey Type: Intensive Historic Evaluation for Proposed Demolition of Property Located at 2594 North Armstrong*P11. Report Citation: Avenue, Fresno, as part of an Initial Study for Armstrong Apartments (P22-02376)' it • Building, Structure and Object Report; •Continuation Sheet‘Attachments: ^Required informationDPR 523A (1/95) State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION Primary # HRI#___ PRIMARY RECORD Trinomial_______ NRHP Status Code Other Listings Review Code_Reviewer Date P1. Resource Name(s) or Number: Fresno Tree Farm *P2. Location: *a. County: Fresno *b. USGS 7.5' Quad: Clovis 1964 Photorevised 1981, Parcel located in West 1/2 of Lot 7 Section 27 T13S R21E c. Address: 2594 North Armstrong Avenue, Fresno 93727 d. Assessor’s Parcel Number: 310-250-13 Map Reference #3: Located south of the residence is a one-story gable end building*P3a. Description: formerly used by the company as an office (Jeff Noble, 4 February 2023). The rectangular plan frame building has vertical board siding with decorative scalloped-edged boards under the facade roof ridge. The medium pitch roof has a boxed cornice with a simple fascia board trim. A solid wood door is located on the gable entrance, as well as on the south elevation. A former entrance has been sealed off on the north side of the building although the shed roof porch covering is still in place. Windows on the facade and side elevations are vinyl sliders. *P3b. Resource Attributes: HP4 (Outbuilding/former office) *P4. Resources Present: •Building P5b Photo date: 4 February 2023 *P6. Date Constructed/Age and Sources: Circa 1962, per information from realtor on house. 61v 1,; e* 'J0 *P7. Owner and Address: Armstrong LLC 978 W. Alluvial. Suite 101 Fresno, CA 93711MMiTn*P8. Recorded by: Karana Hattersley-Drayton, M.A. (for) The Vincent Company 1500 Shaw Avenue Suite 304 Fresno, CA 93711■Aits *P9. Date Recorded: 4 February 2023 A. ____ *P10. Survey Type: Intensive *P11. Report Citation: Armstrong Avenue, Fresno as part of an Initial Study for Armstrong Apartments (P22-02376). u Flistoric/CEQA Evaluation for Proposed Demolition of Property Located at 2594 North ‘Attachments:• Building, Structure and Object Report; •Continuation Sheet DPR 523A (1/95)^Required information Primary # HRI #___ State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Trinomial________ NRHP Status Code Other Listings. Review Code_ Reviewer. Date P1. Resource Name(s) or Number: (Former) Fresno Tree Farm *P2. Location: *a. County: Fresno *b. USGS 7.5' Quad: Clovis 1964 Photorevised 1981, Parcel located in in the West of Lot 7 Section 27 T13S R21E c. Address: 2594 North Armstrong Avenue, Fresno 93727 d. Assessor’s Parcel Number: 310-250-13 *P3a. Description: Map Reference #4: Located north of the residence is a side gabled three bay shed which is open on the south elevation. The corrugated sheet metal roof has a medium pitch and exposed rafter tails. The building is constructed of wide vertical wood boards, with horizontal boarding under the roof ridge. A shed roof addition on the east elevation is enclosed and the cladding is vertical board and batten. A door of vertical boards with hinges is located on the southeast end of this addition. One single pane casement window is located on the west side of the shed. *P3b. Resource Attributes: HP4 (outbuilding/shed) *P4. Resources Present: •Building P5b Photo date: 4 February 2023 *P6. Date Constructed/Age and Sources: circa 1940, estimated guess based on construction and materials i*A l;,v \K J « ■> *P7. Owner and Address: Armstrong LLC 978 W. Alluvial, Suite 101 Fresno, CA 93711 1__ *P8. Recorded by: Karana Hattersley-Drayton, M.A. (for) The Vincent Company 1500 Shaw Avenue Suite 304 Fresno, CA 93711 -m -i r*< ■' » *P9. Date Recorded: 4 February 2023 * *P10. Survey Type: Intensive *P11. Report Citation: Armstrong Avenue, Fresno, as part of an Initial Study for Armstrong Apartments (P22-02376).” M Historic/CEQA Evaluation for Proposed Demolition of Property Located at 2594 North ‘Attachments:• Building, Structure and Object Report; •Continuation Sheet DPR 523A (1/95)^Required information Primary # HRI#_____State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATIONBUILDING, STRUCTURE, AND OBJECT RECORD *NRHP Status Code: 6Z 'Resource Name: (Former) Fresno Tree Farm, 2594 North Armstrong Avenue, Fresno 93727 B4. Present Use: VacantB3. Original Use: Farmiand/Rural Residential/Nursery *B5. Architectural Style: Vernacular ranch *B6. Construction History: The residence on the parcel was built in 1962 according to the realty listing. The shed structure may well be a vestige from an earlier period, due to the building materials and construction. *B7. Moved? "No *B8. Related Features: The B9b. Builder: UnknownB9a. Architect: *B10. Significance: Theme: Rural Residential Area: Southeast Fresno Period of Significance: N/A N/A Property Type: Rural ResidentialA/emacular Applicable Criteria: N/A Four buildings are located on this 4.39-acre rural parcel: a 1962 residence and detached garage, a former office and a 3-bay implement shed. The property operated as a nursery, Fresno Tree Farm, from circa 1992 to circa 1999 (Duley 8 February 2023). The home on site was a rental for the company. The earliest known owner of the parcel was George H. Eggers, who owned the entirety of Section 27 in 1891 (Thompson 1891:60). Eggers and his brother were early Fresno area wheat and barley farmers who by the 1880s were growing grapes for their winery located west on Sections 29 T13S R21E. The winery produced 65,000 gallons in 1884 and 125,000 in 1886, of alll the typical wines-Claret, Angelicas, Ports and white. The Egger's Vineyard Company Winery did not turn a profit until 1885 (Clough and Secrest 1984: 149; Sanborn Fire Insurance Maps 1888, 1898, 1906, 1918 -1919). The Eggers Ranchhouse was located on the current site of the Fresno Air Terminal (Rehart 1996:58). Section 27 was subdivided by 1907 into 40-acre parcels. Although Southeast Fresno included numerous agricultural colonies-for example, the Temperance Colony was located due south, the Eggers Colony was adjacent to it- ownership of the parcels in this section appeared to be small independent landowners. (Continued). fall 1v k: "i- .1- it.fi­ ll 4 i*B12. References: County Atlas 1907; Guard, W.C. County Atlas 1909, 1911, 1913; Progressive Atlas 1935; Clough and Secrest Fresno County: The Pioneer Years... 1984; Rehart, The Valley's Legends and Legacies 1996; Personal communication with Bob Duley 8 February 2023; Thompson County Atlas 1891; Harvey itefes 4 P.I *B14. Evaluator: Karana Hattersley-Drayton, M.A. 4110 N. Maroa Avenue Fresno, CA 93704 'Date of Evaluation: 11 February 2023 (This space reserved for official comments.) ‘Required informationDPR 52SB (1/95) Primary # HRI# State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Trinomial Page 5 of 6 Recorded by: Karana Hattersley-Drayton, M.A. DPR 5231.(1/95) Resource: (Former) Fresno Tree Farm (2594 North Armstrong Avenue, Fresno 93727) *Date: 4 February 2023 ■ Continuation 'Required information BSO continued: 1907 Lot 7 was owned by an R. M. Nill. From 1909-1913 S. E. Nill is listed as the owner. By 1935 O.K. Cushing owned the property. jvu ||y,/ 'i»~mnnn’ » Ip G E Vi * 4 Brocks A - -curd) LOSH. Jr rA'“iteSiw^rsPan trie I I1 itfaiac' 'I t/rjfl, mu ~Ty * a.v a> y tiA t*A 11 M.F.tit rf -s y / bhn.lQi ¥>/■ n 21 -MrMi® •uLUL-.d aSI v,/Mr,N. Tarpey incher. HT St *fa/on toierfs. rr?<f*r- SC/dS v.4 *»N* k* S V-4*( ♦ JiEfyer? ClarkeWmL. Mdlcolmson WP Hr, /Deo.H.Evens Bt-larlUl, Oai/o!rnnhui27 wi rr^—nr& ^ nt'<• |h («•IOnEgg ere ✓ T70S. Jf/rtift) C.Af.Vim ChisholmCnsmBi t. J A Hoke. ■ ft? BT "?TT/S /c4/fl'[// M?-?- JbJl’rt io r/u?w I./TL/l Thompson Atlas 1891:60 Progressive Atlas 1935:41 Map Ref. #2 Garage X ■'IT ! ■ «■■ Findings: Pursuant to 36 CFR 800.4 (d) (1) the four buildings located on this 4.39-acre parcel have been evaluated for their potential eligibility to the California Register of Historical Resources. None of the 4 buildings on the property appear to meet eligibility for the California Register (or even Fresno's Local Register of Historic Resources). There is no evidence that the c1962 residence, garage and office building on site are associated with significant historic events (Criterion 1) or are associated with persons of importance in local or regional history (Criterion 2). All are typical mid-century rural buildings (Criterion 3). Additonally, there is no evidence that the buildings may yield information important in prehistory (Criterion 4). Although the owner of the property in 1891, George Eggers, was important in early farming and viticulture in the Fresno area, none of the extant buildings are attributed to his tenure. The shed outbuilding on site appears to predate the 1962 residence, based on its materials and construction, however, it has lost any historic context and thus is also not a historic resource. The demolition of these buildings will therefore not create a substantial adverse change to a historic resource. •Y^Jwmi_jt-_uIMvnr« *me;, 5* >A.»JEW*«uHw,V*“A§vUMSiT-ll#Avv-■^7*V 1VT^#4’•i Vrt1 ifT*ir :* i&nr~;:p*j1 sv .It• IF.1«*l«v•<%* • *■ mlJ .■ '■*.*|(4 *r. *'rn\• -?a■>i,pP’fA■ »■Jfcyf*-#1IHi■r< tt.i/*•>«fi.»i*>jtV4(► *»V*5V ffy mm* • •>v*•W|*xj *■* >. ■».v *►*uh yt _frif. i4.V.»>T«v4,•1-iiffc*. •i/a>■»ft.-3lAAclII/■4**HL *•'«r'y i4r&t, it:M.fMiImagery ©2023 CNES / Airbus, Maxar Technologies, U S. Geological Survey•T#T»Figure 1: Historic Review Armstrong Apartments Proposed Project INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 176 6.3 Appendix C: Acoustical Analysis Prepared by WJV Acoustics, Inc., on December 22, 2022. ACOUSTICAL ANALYSIS      ARMSTRONG APARTMENTS  FRESNO, CALIFORNIA        WJVA Project No. 22-62       PREPARED FOR    PRECISION ENGINEERING  1234 O STREET  FRESNO, CALIFORNIA 93721      PREPARED BY    WJV ACOUSTICS, INC.    VISALIA, CALIFORNIA                      FEBRUARY 21, 2023      113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 sii wjv acoustics 22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 2  INTRODUCTION   The project is a proposed 64‐unit multi‐family residential development to be located in Fresno,  California. The project site is located along the east side of N. Armstrong Avenue, approximately  375 feet north of E. Clinton Avenue. The City of Fresno has requested an acoustical analysis to  quantify project site noise exposure and determine noise mitigation requirements. This analysis,  prepared by WJV Acoustics, Inc. (WJVA), is based upon a project site plan prepared by The  Vincent Company Architects (dated 6‐20‐22), 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.                                                      22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 3  NOISE EXPOSURE CRITERIA   General Plan  The  City  of  Fresno  General  Plan  Noise  Element  provides  noise  level  criteria  for  land  use  compatibility for both transportation and non‐transportation noise sources. The General Plan  sets noise compatibility standards for transportation noise sources in terms of the Day‐Night  Average Level (Ldn). The Ldn represents the time‐weighted energy average noise level for a 24‐ hour day, with a 10 dB penalty added to noise levels occurring during the nighttime hours (10:00  p.m.‐7:00 a.m.). The Ldn represents cumulative exposure to noise over an extended perio d of time  and are therefore calculated based upon annual average conditions.     Table I provides the General Plan noise level standards for transportation noise sources. Exterior  noise standards are to be applied at the outdoor activity areas of residential land uses. Outdoor  activity areas are generally considered to be backyards of single‐family residential uses and  common use outdoor areas (such as pool areas, BBQ and picnic areas, playground areas, etc.) as  well as individual unit decks, patios and balconies of multi‐family residential uses.         TABLE I CITY OF FRESNO GENERAL PLAN NOISE LEVEL STANDARDS TRANSPORTATION (NON-AIRCRAFT) NOISE SOURCES Noise‐Sensitive Land Use  Outdoor Activity Areas1 Interior Spaces  Ldn/CNEL, dB Ldn/CNEL, dB Leq dB2  Residential  65  45  ‐‐‐  Transient Lodging 65 45 ‐‐‐  Hospitals, Nursing Homes  65  45  ‐‐‐  Theaters, Auditoriums, Music Halls ‐‐‐ ‐‐‐ 35  Churches, Meeting Halls  65  ‐‐‐  45  Office Buildings ‐‐‐ ‐‐‐ 45  Schools, Libraries, Museums  ‐‐‐  ‐‐‐  45  1 Where the location of the outdoor activity areas is unknown or is not applicable, the exterior noise level standard shall be applied to  the property line of the receiving land use.   2 As determined for a typical worst‐case hour during periods of use.     Source:  City of Fresno General Plan      Implementation  Policy  NS‐1‐a of the General Plan provides guidance in regards to the  development of new noise sensitive land uses (including residential developments).     Desirable and Generally Acceptable Exterior Noise Environment. Establish 65 dBA  Ldn or CNEL as the standard for the desirable maximum average exterior noise  levels for defined usable exterior areas of residential and noise‐sensitive uses for  noise, but designate 60 dBA Ldn or CNEL (measured at the property line) for noise  generated by stationary sources impinging upon residential and noise‐ sensitive  uses. Maintain 65 dBA Ldn or CNEL as the maximum average exterior noise levels  22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 4  for  non‐sensitive  commercial  land  uses,  and  maintain  70  dBA  Ldn or CNEL as  maximum  average  exterior  noise  level  for  industrial  land  uses, both  to  be  measured at the property line of parcels where noise is generated which may  impinge on neighboring properties.    The General Plan also provides noise level standards for non‐transportation (stationary) noise  sources. The General Plan noise level standards for non‐transportation noise sources are identical  to those provided in the City’s Municipal code, provided below in Table II.    Implementation Policy NS‐1‐i of the General Plan Noise Element provides guidance in regards to  mitigation for new developments and projects that have potential to result in a noise‐related  impact at existing noise‐sensitive land uses.      Mitigation  by  New  Development.  Require  an  acoustical  analysis  where  new  development  of  industrial,  commercial  or  other  noise  generating  land  uses  (including transportation facilities such as roadways, railroads, and airports) may  result in noise levels that exceed the noise level exposure criteria established by  [Table I] and [Table II] to determine impacts, and require developers to mitigate  these impacts in conformance with Tables 9‐2 and 9‐3 as a condition of permit  approval through appropriate means.    Noise mitigation measures may include:     The screening of noise sources such as parking and loading facilities, outdoor  activities, and mechanical equipment;     Providing increased setbacks for noise sources from adjacent dwellings;     Installation of walls and landscaping that serve as noise buffers;     Installation of soundproofing materials and double‐glazed windows; and     Regulating operations, such as hours of operation, including deliveries and trash  pickup.    Alternative acoustical designs that achieve the prescribed noise level reduction  may be approved by the City, provided a qualified Acoustical Consultant submits  information demonstrating that the alternative designs will achieve and maintain  the specific targets for outdoor activity areas and interior spaces. As a last resort,  developers may propose to construct noise walls along roadways when compatible  with aesthetic concerns and neighborhood character. This would be a developer  responsibility, with no City funding.        22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 5  Implementation Policy NS‐1‐j of the General Plan Noise Element provides guidance in regards to  the establishment of a significance threshold when determining an increase in noise levels over  existing ambient noise levels.        Significance  Threshold.  Establish,  as  a  threshold  of  significance  for  the  City's  environmental review process, that a significant increase in ambient noise levels is  assumed if the project would increase noise levels in the immediate vicinity by 3  dB Ldn or CNEL or more above the ambient noise limits established in this General  Plan Update.     Commentary: When an increase in noise would result in a “significant” impact  (increase of three dBA or more) to residents or businesses, then noise mitigation  would be required to reduce noise exposure. If the increase in noise is less than  three dBA, then the noise impact is considered insignificant and no noise mitigation  is needed. By setting a specific threshold of significance in the General Plan, this  policy facilitates making a determination of environmental impact, as required by  the California Environmental Quality Act. It helps the City determine whether (1)  the potential impact of a development project on the noise environment warrants  mitigation, or (2) a statement of overriding considerations will be required.    Municipal Code  Section 15‐2506 of the City of Fresno Municipal code establishes hourly acoustical performance  standards for non‐transportation noise sources. The standards, provided in Table II, 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 II,  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 II 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 III 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  22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 6  is the level obtained when the noise level is averaged over a period of fifteen minutes, without  inclusion 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 III 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.”    For noise sources that are not transportation related, which usually includes commercial or  industrial activities and other stationary noise sources (such as amplified music), it is common to  assume that a 3‐5 dB increase in noise levels represents a substantial increase in ambient noise  levels. This is based on laboratory tests that indicate that a 3 dB increase is the minimum change  perceptible to most people, and a 5 dB increase is perceived as a “definitely noticeable change.”    Appendix  A  provides  definitions  of  the  acoustical  terminology  used  in  this  report.  Unless  otherwise stated, all sound levels reported in this analysis are A‐weighted sound pressure levels  in 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‐weighted sound  levels,  as  they  correlate  well  with  public  reaction  to  noise.  Appendix  B  provides  typical  A‐weighted sound levels for common noise sources.    Construction  The City of Fresno Municipal Code does not explicitly provide guidance on construction noise or  vibration. However, Section 10.109 (Exceptions) of the Municipal Code states that the noise  provisions 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  22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 7  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.”  Although  not  specifically stated in the Noise Element or the Municipal Code, it is also a standard requirement  of many jurisdictions that all construction equipment be properly maintained and muffled to  minimize noise generation at the source.    The City of Fresno does not have regulations that define acceptable levels of vibration. One of  the  most  recent  references  suggesting  vibration  guidelines  is  the  California  Department  of  Transportation  (Caltrans)  Transportation  and  Construction  Vibration  Guidance  Manual.  The  Manual provides guidance for determining annoyance potential criteria and damage potential  threshold criteria.  These criteria are provided below in Table IV and Table V, and are presented  in terms of peak particle velocity (PPV) in inches per second (in/sec). The PPV levels reported in  Table IV and Table V represent those measured at the potential receiver location.           TABLE IV GUIDELINE VIBRATION ANNOYANCE POTENTIAL CRITERIA   Human Response   Maximum PPV (in/sec) at Receiver  Transient Sources Continuous/Frequent   Intermittent Sources  Barely Perceptible   0.04  0.01  Distinctly Perceptible 0.25 0.04  Strongly Perceptible  0.9  0.1  Severe 2.0 0.4  Source:  Caltrans        TABLE V GUIDELINE VIBRATION DAMAGE POTENTIAL THRESHOLD CRITERIA   Structure and Condition  Maximum PPV (in/sec) at Receiver  Transient Sources Continuous/Frequent   Intermittent Sources  Extremely fragile, historic buildings, ancient monuments  0.12  0.08  Fragile buildings 0.2 0.1  Historic and some old buildings  0.5  0.25  Older residential structures 0.5 0.3  New residential structures  1.0  0.5  Modern industrial/commercial buildings 2.0 0.5  Source:  Caltrans    22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 8  PROJECT SITE NOISE EXPOSURE The project site is located along the east side of N. Armstrong Avenue, approximately 375 north  of E. Clinton Avenue, in Fresno, California. The project site i s exposed traffic noise associated with  vehicles on N. Armstrong Avenue. The distance from the closest proposed building façade (and  individual patios/balconies) to the (future) centerline of N. Armstrong Avenue is approximately  65 feet.      Traffic Noise Exposure   Noise exposure from traffic on N. Armstrong Avenue was calculated for existing and future (2046)  conditions using the FHWA Traffic Noise Model and traffic data obtained from Fresno COG. A  description of the noise model, applied data, methodology and findings is provided below.    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 December 16, 2022, along N. Armstrong Avenue.  The  purpose  of  the  measurement was to evaluate the accuracy of the FHWA Model in describing traffic noise  exposure within the project site. The traffic noise measurement sites were each located at a  setback distance of approximately 5 feet from the centerline the roadway. The posted speed limit  in the project vicinity, for both roadways, was 45 mph (miles per hour). The project vicinity and  noise monitoring site location are provided as Figure 2. Photographs showing the N. Armstrong  Avenue noise measurement sites are 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.     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 VI.      22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 9  From Table VI it may be determined that the traffic noise levels predicted by the FHWA Model  were 1.9 dB higher than those measured for the conditions observed at the time of the noise  measurements for N. Armstrong Avenue. This overprediction of the model is likely the result of  vehicles traveling at slower speeds than the posted speed limit, in response to the controlled  intersection at E. Clinton Avenue. No adjustment to the model was made, and therefore reported  noise levels should be considered a worst‐case assessment of project site noise exposure.             TABLE VI COMPARISON OF MEASURED AND PREDICTED (FHWA MODEL) NOISE LEVELS ARMSTRONG APARTMENTS, FRESNO    N. Armstrong Ave.  Measurement Start Time 4:00 p.m.  Observed # Autos/Hr.   480  Observed # Medium Trucks/Hr. 12  Observed # Heavy Trucks/Hr.   0  Observed Speed (MPH) 45  Distance, ft. (from center of roadway)  55  Leq, dBA (Measured) 61.2  Leq, dBA (Predicted)  63.1  Difference between Predicted and Measured Leq, dBA +1.9  Note:  FHWA “soft” site assumed for calculations.  Source:  WJV Acoustics, Inc.    Annual Average Daily Traffic (AADT) data for N. Armstrong Avenue, in the project vicinity was  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. A speed limit of 45 mph was  assumed for both roadways (as posted in the project vicinity). Table VII summarizes annual  average traffic data used to model noise exposure within the project site.                     22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 10    TABLE VII TRAFFIC NOISE MODELING ASSUMPTIONS ARMSTRONG APARTMENTS, FRESNO    N. ARMSTRONG AVE.  Existing 2046  Annual Avenue Daily Traffic (AADT) 3,482  3,453  Day/Night Split (%) 90/10  Assumed Vehicle Speed (mph)  45  % Medium Trucks (% AADT)  2  % Heavy Trucks (% AADT)  1  Sources:  Fresno COG                    WJV Acoustics, Inc.           Using data from Table VII, the FHWA Model, annual average traffic noise exposure was calculated  for the closest proposed residential setbacks to N. Armstrong Avenue. Table VIII provides the  noise exposure levels for both existing and future (2046) roadway traffic conditions.    TABLE VIII MODELED TRAFFIC NOISE LEVELS, dB, Ldn ARMSTRONG APARTMENTS, FRESNO   Roadway Existing Conditions 2046 Conditions  N. Armstrong Avenue  60.0  60.0  Source: WJV Acoustics                 Fresno COG  Reference  to  Table  VIII  indicates  that  the  traffic  noise  exposure  at  the  closest  proposed  residential setbacks to N. Armstrong Avenue would be approximately 60 dB Ldn for both existing  conditions and future (2046) conditions, respectively.     Exterior noise standards are to be applied at outdoor activity areas of residential land uses.  Outdoor activity areas for multi‐family residential uses typically include common use outdoor  areas (such as pool areas, BBQ and picnic areas, playground areas, etc.) as well as individual unit  decks, patios, and balconies. The closest of these are represented by individual unit patios,  setback approximately 65 feet from the centerline of N. Armstrong Avenue. All other applicable  areas are located at a greater setback from the roadway. Therefore, all exterior spaces where the  exterior noise level standard applies would have a noise exposure level of 60 dB Ldn or less. Such  levels are below the City’s applicable 65 dB Ldn exterior noise level standard. Mitigation measures  are not required for project exterior noise compliance.         22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 11  Interior Noise Exposure:   The City of Fresno interior noise level standard is 45 dB Ldn. The worst‐case noise exposure within  the proposed residential development would be approximately 60 dB Ldn (Existing and 2046  conditions). This means that the proposed residential construction must be capable of providing  a minimum outdoor‐to‐indoor noise level reduction (NLR) of approximately 15 dB (60‐45=20).     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 approximately 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  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.     22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 12  Construction Noise: Construction noise would occur at various locations within the project site through the buildout  period. Existing sensitive receptors could be located as close as  75  feet  from  construction  activities. Table IX provides typical construction‐related noise levels at distances of 50, 100 feet,  200 feet, and 300 feet.     Construction noise is not considered to be a significant impact if construction is limited to  daytime hours and construction equipment is adequately maintained and muffled. The City of  Fresno limits hours of construction to occur only between the hours of 7:00 a.m. to 10:00 p.m.,  Monday  through  Saturday.  Construction  noise  impacts  could  result  in  annoyance  or  sleep  disruption for nearby residents if nighttime operations were to occur outside of the allowable  construction hours, or if equipment is not properly muffled or maintained.       TABLE IX TYPICAL CONSTRUCTION EQUIPMENT MAXIMUM NOISE LEVELS, dBA Type of Equipment 50 Ft. 100 Ft. 200 Ft. 300 Ft. Concrete Saw  90  84  78  74  Crane 81 75 69 65  Excavator  81  75  69  65  Front End Loader 79 73 67 63  Jackhammer  89  83  77  73  Paver 77 71 65 61  Pneumatic Tools  85  79  73  69  Dozer 82 76 70 66  Rollers  80  74  68  64  Trucks  86 80 72 70  Pumps  80  74  68  64  Scrapers 87 81 75 71  Portable Generators  80  74  68  64  Backhoe 86 80 74 70  Grader  86  80  74  70  Source: FHWA                Noise Control for Buildings and Manufacturing Plants, Bolt, Beranek & Newman, 1987      22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 13  Vibration:   The dominant sources of man‐made vibration are sonic booms, blasting, pile driving, pavement  breaking,  demolition,  diesel  locomotives,  and  rail‐car  coupling.  Generalized  vibration  levels  associated with typical residential construction activities at distances of 50 feet, 100 feet and 300  feet are summarized by Table X. These levels would not be expected to exceed any significant  threshold levels for annoyance or damage, as provided above in Table IV and Table V.    TABLE X TYPICAL VIBRATION LEVELS DURING CONSTRUCTION PPV (in/sec) Equipment @ 50´ @ 100´ @ 300´ Bulldozer (Large)  0.042  0.019  0.006  Bulldozer (Small) 0.001 0.0006 0.0002  Loaded Truck  0.027  0.017  0.005  Jackhammer 0.012 0.008 0.002  Vibratory Roller  0.097  0.046  0.013  Caisson Drilling  0.042 0.019 0.006  Source:  Caltrans    After full project build out, it is not expected that ongoing operational activities will result in any  vibration impacts at nearby sensitive uses. Activities involved in trash bin collection could result  in minor on‐site vibrations as the bin is placed back onto the ground. Such vibrations would not  be expected to be felt at off‐site sensitive uses.             22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 14  CONCLUSIONS AND RECOMMENDATIONS   The proposed 64‐unit multi‐family residential development will comply with all City of Fresno  exterior  and  interior  noise  level  standards,  provided  the  following  mitigation measures are  incorporated into final project design.     Mechanical ventilation or air conditioning must be provided for all units so that windows  and doors can remain closed for sound insulation purposes.    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 lot layout plan, project site elevation, 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 i n long‐term noise results different  from those described by this analysis.           Respectfully submitted,                     Walter J. Van Groningen         President      WJV:wjv  22‐62 (Armstrong Apartments, Fresno) 2‐21‐23 15 FIGURE 1: SITE PLAN   VICINITY MAP:THEj,yrVINCENTCOMPANY■JO.5^f EUs I \—gT*r~ _i1500 West! Ste. 301tr) jj”rji<ii.3w®~r)IIi iEE|EH5• <! iIHISf-i®H /iiLKirsJLa®STATISTICSSL£$s Lind i J. 4tf-tf* ■■•' L *r-=- L ~V-r. ,t3?',c®C1ITrPtE, ■ I - Xkry H ePLANiHFr]Xiii m i j r~~rncnraSSsaajiJ eP SA <1 s, sc I 6* H ®piT'JFfiEI—m3■ jC.S£S-\mUL\.]-■ELiii| y. ’• | L©[HD'egLKGO' t4 gotOi?~fhf! , ZA4(5)© >IgSSw-'.jBgBaaMi. it»*?iit m, rf-O- /J,«( v«n e:,w o'w O'W r■**=£,JiDIMENSIONEDSITE PLAN .SYMBOLS LEGAL DESCRIPTION'SSKSsmjss ,H* *"* u-CD:2: 3tfS~rsr“®-KS-^SI HR J'taSTW* mVSWiiW™■§=NOTESB5J.PESSSsahT4? *©t' ss,* ns--------■ -..Y"V--;o as.,.w :S!S^MKfS-sraSS. • fggBM"»*a'»v‘~ ——- SB^f|«95awKMa'■ SS®WEFwsaBB'■■ |SislSP»F‘ PA1;AEs”“~■”fc i1" S2 ^ i"c aa*«« alDnatma,L* mvJ,ULVXXlUnQfll gm» _______KEYNOTESPOWER PlTI.F, I.OCATKA.' (T)B»ar,,rKM cdI HI IIVDUAN I I (l(-A'l KIMsaWOVERHAhG.!IT.0'^Sl-©~~£r‘s^cs-^asse&ussSE SJV-S'.S" (MIMMUW).©(a) stan&a^Tarkinc stall©TYPICALPARKING STALL DIMENSIONS 22‐58 (Armstrong Apartments, Fresno) 2‐21‐23  FIGURE 2: PROJECT SITE VICINITY AND NOISE MEASUREMENT LOCATION  II- .y w a.------- - •- ; - 2■Rf■*i.s*»-•■«*Sir'.rt11 g*■i £if "q1mI k !riffI •IfL-: ;iI*im.1i-gi<ftea-Ck Iit!Ljl *^ 1I fTV'ij g!.ri-tft ' .V*--T5Ti(Sfr- •.|t1\Traffic Noise Measureme"rit Loc ation%ffiVV>’X'll**£ i' *%Vlf^« -^e)■if*>Jfc5? 1-k: ^■ lmsgt’t.-'I!j®**._Google Earth■:4-^^I^kciri d ifi ii etEbLij 22‐58 (Armstrong Apartments, Fresno) 2‐21‐23  FIGURE 3: N. ARMSTRONG AVENUE NOISE MEASUREMENT SITE   i■hi1’ami *..*/I | ■: Vf.rift. . 'jjm^i1Mr>-?•-•sm ■ -i-jyt<*ndaemi ■r.vri -111_\ ■■iLI>it Ii.5i-VZs-1ifflEsMKms5:Sef.v ■-i/ -- -.-i•*&£//£■• "J1- -”**—-sMfites5%£«fc..gif•'*» If* -r-.f-, to?:n M.&zim-'asi^35; -' 'H2-■Sffiais?J2i;.. ...¥bff>4?iST\:*21mmWS&mmra?g B:/• • - '•mm*r;ifr>-m.....msw-rrW'M.Sitkmr:e&>m&■i, A1"1'Mm. .<K.5*a15W.if'FV.j- j».-.ViiR» ■;,.yj»xPifmV1swimm. iiin$KSBa&sjfj&#>Tv?.1SB.$mH!S«3'« '! •.SHfe' iWM3■1VVMM»,t'.si:.• !1 ’'Liseaa®-.•■«I'M 22‐58 (Armstrong Apartments, Fresno) 2‐21‐23     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.             22‐58 (Armstrong Apartments, Fresno) 2‐21‐23     A-2 ACOUSTICAL TERMINOLOGY       NOISE EXPOSURE   CONTOURS:    Lines drawn about a noise source indicating constant levels of  noise exposure.  CNEL and DNL 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.           APPENDIX B EXAMPLES OF SOUND LEVELS SUBJECTIVE DESCRIPTIONSOUND LEVELNOISE SOURCE 120 dBAMPLIFIED ROCK TM ROLL DEAFENINGJET TAKEOFF @ 200 FT 100 dB VERY LOUDBUSY URBAN STREET 80 dB LOUDFREEWAY TRAFFIC @ 50 FT CONVERSATION @ 6 FT 60 dB MODERATETYPICAL OFFICE INTERIOR 40 dBSOFT RADIO MUSIC FAINTRESIDENTIAL INTERIOR 20 dBWHISPER @ 6 FT VERY FAINTHUMAN BREATHING 0 dB INITIAL STUDY / MITIGATED NEGATIVE DECLARATION JUNE 2023 CITY OF FRESNO – General Plan Amendment-Rezone No. P22-04389/Development Permit No. P22-02376 | 177 6.4 Appendix D: Vehicle Miles Traveled Analysis Prepared by JLB Traffic Engineering, Inc., on November 21, 2022. Vehicle Miles Traveled Analysis November 21, 2022 Armstrong Apartments Vehicle Miles Traveled Analysis Located on the Northeast Quadrant of Armstrong Avenue and Clinton Avenue In the City of Fresno, California Prepared for: Precision Civil Engineering, Inc. 1234 O Street Fresno, CA 93721 Project No. 004-180 Traffic Engineering, Transportation Planning, & Parking Solutions 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Phone: (559) 570-8991 www.JLBtraffic.com JIR TRAFFIC Whli ENGINEERING, INC. Traffic Engineering, Transportation Planning, & Parking Solutions Z:\01 Projects\004 Fresno\004-180 Armstrong Apartments VMT\Letter\R11212022 Armstrong Apartments VMT Letter.docx Traffic Engineering, Transportation Planning, & Parking Solutions 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Phone: (559) 570-8991 www.JLBtraffic.com Vehicle Miles Traveled Analysis For the Armstrong Apartments Project located on the Northeast Quadrant of Armstrong Avenue and Clinton Avenue In the City of Fresno, CA November 21, 2022 This Vehicle Miles Traveled Analysis has been prepared under the direction of a licensed Traffic Engineer. The licensed Traffic Engineer attests to the technical information contained therein and has judged the qualifications of any technical specialists providing engineering data from which recommendations, conclusions and decisions are based. Prepared by: _________________________________ Jose Luis Benavides, P.E., T.E. President JLB TRAFFIC X9^0FESS/0. <e v <vCo /Co o A?mc£3DNo.T 2328 ★ \ Exp:06/30/23 / + NN^ CF CAL'* JIB TRAFFIC If h ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | iii (559) 570-8991 Armstrong Apartments - City of Fresno Vehicle Miles Traveled Analysis November 21, 2022 Table of Contents Project Description ...............................................................................................................................1 Project Trip Generation .........................................................................................................................1 VMT Analysis ........................................................................................................................................1 Regulatory Setting ........................................................................................................................................ 1 VMT Results ................................................................................................................................................. 3 Conclusion .................................................................................................................................................... 4 Study Participants .................................................................................................................................5 References ............................................................................................................................................6 List of Tables Table I: Project Trip Generation ................................................................................................................................ 1 Table II: VMT Results ................................................................................................................................................ 4 List of Appendices Appendix A: Fresno COG VMT Calculation Tool Output JIR TRAFFIC Vhli ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 1 (559) 570-8991 Armstrong Apartments - City of Fresno Vehicle Miles Traveled Analysis November 21, 2022 Project Description This report describes a Vehicle Miles Traveled (VMT) Analysis prepared by JLB Traffic Engineering, Inc. (JLB) for the Armstrong Apartments (Project) located on the northeast quadrant of Armstrong Avenue and Clinton Avenue in the City of Fresno. The project proposes to develop a 4.20 net acre site with 64 multi- family residential units. Based on information provided to JLB, the Project will undergo a General Plan Amendment through the City of Fresno top modify the land use designation from Single Family Residential to Multi-Family Residential. Project Trip Generation Trip generation rates for the proposed Project were obtained from the 11th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Table I presents the trip generation for the proposed Project with trip generation rates for Multi-Family Housing. At buildout, the proposed Project is estimated to generate approximately of 431 daily trips, 26 AM peak hour trips and 33 PM peak hour trips. Table I: Project Trip Generation Land Use (ITE Code) Size Unit Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total Trip Rate In Out In Out Total % % Multi-Family Housing (Low-Rise) (220) 64 d.u. 6.74 431 0.40 24 76 6 20 26 0.51 63 37 21 12 33 Total Project Trips 431 6 20 26 21 12 33 Note: d.u. = Dwelling Units VMT Analysis Regulatory Setting Senate Bill (SB) 743 requires that relevant California Environmental Quality Act (CEQA) analysis of transportation impacts be conducted using a metric known as 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 car 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. JIR TRAFFICVhli ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 2 (559) 570-8991 Armstrong Apartments - City of Fresno Vehicle Miles Traveled Analysis November 21, 2022 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 vehicle miles traveled, 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 vehicle miles traveled, and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revision 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 guidelines or thresholds for VMT pursuant to Senate Bill 743 to be effective 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 (TA) published by the Governor's Office of Planning and Research (OPR), was utilized as a reference and guidance document in the preparation of the Fresno VMT Thresholds. The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to screen out qualified development projects that meet the adopted criteria from needing to prepare a detailed VMT Analysis. These criteria may be size, location, proximity to transit, of trip making potential. In general development projects that are consistent with the City's General Plan and Zoning and that that meet one or more of the following criteria can be screened out from a quantitative VMT analysis. 1. Project Located in a Transit Priority Area/High Quality Transit Corridor (within 0.5 miles of a transit stop). 2. Project is Local-serving Retail of less than 50,000 square feet. 3. Project is a Low Trip Generator (Less than 500 average daily trips) 4. Project has a High Level of Affordable Housing Units 5. Project is an institutional/Government and Public Service Uses 6. Project is located in a Low VMT Zone This screening tool is consistent with the OPR December 2018 Guidance referenced above. The screening tool includes an analysis of those portions of the City that satisfy the standard of reducing VMT by 13% from existing per capita and per employee VMT averages within the relevant region. The relevant region adopted by the City of Fresno VMT Thresholds is Fresno County. However, the City of Fresno VMT Thresholds Section 3.1 regarding Development Projects states that "If a project constitutes a General Plan Amendment (GPA) or a Zone Change (ZC), none of the screening criteria may apply". Since this particular Project includes a General Plan Amendment, it does not meet the screening criteria. As such, a quantitative VMT analysis is required, and such was prepared utilizing the Fresno COG VMT Calculation Tool. For projects that are not screened out, a quantitative analysis of VMT impacts must be prepared and compared against the adopted VMT thresholds of significance. The Fresno VMT Thresholds document includes thresholds of significance for development projects, transportation projects, and land use plans. JIR TRAFFIC Vhli ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 3 (559) 570-8991 Armstrong Apartments - City of Fresno Vehicle Miles Traveled Analysis November 21, 2022 These thresholds of significance were developed using the County of Fresno as the applicable region, and the required reduction of VMT (as adopted in the Fresno VMT Thresholds) corresponds to Fresno County’s contribution to the statewide GHG emission reduction target. In order to reach the statewide GHG reduction target of 15%, Fresno County must reduce its GHG emissions by 13%. The method of reducing GHG by 13% is to reduce VMT by 13% as well. VMT Results VMT is simply the product of a number of trips and those trips’ lengths. The first step in a VMT analysis is to establish the baseline average VMT, which requires the definition of a region. The CEQA Guidelines for Vehicle Miles Traveled Thresholds for the City of Fresno provide that the Fresno County average VMT per Capita (appropriate for residential land uses) and Employee (appropriate for office/commercial non-retail land uses) are 16.1 and 25.6, respectively. The City’s threshold targets a 13% reduction in VMT for residential and office/commercial non-retail land uses and a net zero (0) increase in regional VMT for commercial retail land uses. The City’s adopted thresholds for development projects correspond to the regional averages modeled by Fresno COG's ABM. For residential and non-residential (except retail) development projects, the adopted threshold of significance is a 13% reduction, which means that projects that generate VMT in excess of a 13% reduction from the existing regional VMT per capita or per employee would have a significant environmental impact. Projects that reduce VMT by 13% or more are less than significant. For retail projects, the adopted threshold is any net increase in Regional VMT compared to the existing Regional VMT. Quantitative assessments of the VMT generated by a development project are determined using the COG ABM, which is a tour-based model. For mixed use projects, the City of Fresno VMT Thresholds state that the VMT can be estimated based on each component of the project, independently, after taking credit for internal trip capture. It also confirms that mixed use projects must use the Fresno COG’s Activity Based Model. The VMT per capita (for the residential component) and the total VMT (for the retail component) is then compared against the relevant threshold. The target VMT for residential and commercial non-retail land uses are (16.1 X (1-.13) = 14.0) 14.0 VMT per capita and (25.6 X (1-.13) = 22.3) 22.3 VMT per employee, respectively. In addition, for retail land uses the City’s threshold targets a net zero (0) increase in regional VMT for retail land uses (City of Fresno, 2020). The Project’s dwelling units and the Traffic Area Zone (TAZ) were entered into the Fresno COG VMT Calculation Tool to conduct a Project-specific VMT analysis. The Assessor’s Parcel Number (APN) was also utilized to output the VMT per capita of this Project and the output was determined to be the same as the TAZ output. Based on the Fresno COG VMT Calculation Tool results, the Project is expected to yield an average of 9.5 VMT per capita which is within the City of Fresno’s VMT threshold of 14.0 VMT per capita for residential land uses. Therefore, there are no significant impacts to VMT associated with this Project. Appendix A presents the Project VMT output from the Fresno COG VMT Calculation Tool. JIR TRAFFIC Vhli ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 4 (559) 570-8991 Armstrong Apartments - City of Fresno Vehicle Miles Traveled Analysis November 21, 2022 Conclusion As can be seen in Table II below, the Fresno COG VMT Calculation Tool output an average of 9.5 VMT per capita. This VMT is within the City of Fresno's Threshold of 14.0 VMT per capita for residential land uses. In conclusion, there are no significant impacts to VMT associated with this Project pursuant to the City of Fresno VMT Guidelines. Table II: VMT Results Project Components Fresno COG VMT Calculation Tool Results1 City of Fresno Residential Threshold2 Significant VMT Impact? Multi-Family Residential 9.5 14.0 No Note: 1 = VMT Results per Fresno COG VMT Calculation Tool (Version 1.38) 2 = VMT Threshold per CEQA Guidelines for Vehicle Miles Traveled Thresholds for the City of Fresno All VMT Outputs are measures as VMT per Employee • Based on the Fresno COG VMT Calculation Tool, the Project’s VMT is projected to be 9.5 VMT per capita. • The City of Fresno VMT Threshold for residential land uses is 14.0 VMT per capita. • As a result, there are no impacts to VMT associated with this Project. JIR TRAFFICVhli ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 5 (559) 570-8991 Armstrong Apartments - City of Fresno Vehicle Miles Traveled Analysis November 21, 2022 Study Participants JLB Traffic Engineering, Inc. Personnel Jose Luis Benavides, PE, TE Project Manager Matthew Arndt, EIT Engineer I/II Adrian Benavides Engineering Aide Persons Consulted: Bonique Emerson Precision Engineering, Inc. JIR TRAFFIC Vhli ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 6 (559) 570-8991 Armstrong Apartments - City of Fresno Vehicle Miles Traveled Analysis November 21, 2022 References California Air Pollution Control Officers Association. 2021. "Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Health and Equity". Sacramento: State of California. Caltrans. 2020. "Vehicle Miles Traveled-Focused Transportation Impact Study Guide". Sacramento: State of California. Caltrans. 2021. "California Manual On Uniform Traffic Control Devices". Sacramento: State of California. City of Fresno. 2014. "Fresno General Plan". Fresno: City of Fresno. City of Fresno. 2016. "Active Transportation Plan". Fresno: City of Fresno. City of Fresno. 2020. "CEQA Guidelines For Vehicle Miles Traveled Thresholds". Fresno: City of Fresno, Governor's Office of Planning and Research. 2018. Technical Advisory On Evaluating Transportation Impacts In CEQA. Ebook. Sacramento: State of California. Institute of Transportation Engineers. 2021. "Trip Generation Manual: 11th Edition". Washington: Institute of Transportation Engineers. Vol. 1-3. JIR TRAFFIC Vhli ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | A (559) 570-8991 Appendix A: Fresno COG VMT Calculation Tool Output JIB TRAFFIC™ mm ENGINEERING, INC. Tool Version:Report Date: 11/17/2022 Name: Jurisdiction TAZ ID Single‐family: 0 DU Multi‐family: 64 DU Total: 64 DU Percent Affordable:0% Non‐Residential Office: 0 EMP Others: TSF Included  in the project TDM Quantification % VMT/Capita  Reduction % VMT/Employment  Reduction No N/A No N/A 9.5 County VMT / Capita: 16.1 Significant Impact:No Project TDM measures (VMT reduction strategies)             Fresno COG Vehicle Miles Traveled Analysis Tool Summary Report Version 1.38 Project Information Armstrong Apartments Fresno 1024 Project Land Use Residential TDM Strategy Implement Project Specific Vanpool Program Implement Project Specific Carpool Program Project VMT Results Residential Project's VMT/Capita (9.5) is less than County VMT/Capita (14.0 using 13% as threshold) Project VMT per Capita: Project VMT per Capita with TDM  Measures: 9.5 Significant Impact with  TDM measures:No 15.2 9.5 9.5 13.1 16.1 0 5 10 15 20 25 30 35 TAZ Project Project + TDMVMT per CapitaCounty Average €r Fresno Council of Governments I Exhibit N – Fresno Municipal Code Findings FRESNO MUNICIPAL CODE & HOUSING ELEMENT FINDINGS PLAN AMENDMENT AND REZONE APPLICATION NO. P22-04389 DEVELOPMENT PERMIT APPLICATION NO. P22-02376 PLAN AMENDMENT AND REZONE APPLICATION FINDINGS Section 15-5812 of the Fresno Municipal Code provides that the City Council shall not approve an application unless the following findings can be made for the proposed Plan Amendment and Rezone: Findings per Fresno Municipal Code Section 15-5812 Finding a: The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy; Finding (a) can be made for the following reasons: The change in planned land use and zoning from Low Density Residential to Medium High Density Residential provides consistency with the following General Plan goals: General Plan Goal 1: Increase opportunity, economic development, business, and job creation; General Plan 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. General Plan 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. General Plan Goal 10: Emphasize increased land use intensity and mixed-use development at densities supportive of greater use of transit in Fresno. These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. The following are applicable objectives and policies from the Urban Form, and Land Use & Design, elements of the Fresno General Plan that the project is consistent with: • Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types. o Policy UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. o Policy UF-1-e: Unique Neighborhoods. Promote and protect unique neighborhoods and mixed-use areas throughout Fresno that respect and support various ethnic, cultural, and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts. o Policy UF-1-f: Complete Neighborhoods, Densities, and Development Standards. Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan. • Objective LU-1 promotes the establishment of a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. o Policy LU-1-a: Promote new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City. • 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. o Policy LU-2-a: Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. The change in the planned land use and zoning designation from Low Density Residential to Medium High Density Residential would allow for the development of Multi-Family residential units at the subject site. Further, the change would help facilitate and achieve the above-mentioned goals, objectives, and policies of the General Plan. The proposed plan amendment and rezone will facilitate a project that meets the intent of the goals, objectives, and policies of the Fresno General Plan referenced herein above. The subject property current use is retail nursery, and the immediate project site is in an area generally characterized by existing residential land uses. Residential is located Residential Single- Family, Extremely Low Density (North), Residential Single-Family, Medium Low Density (East), Residential Single-Family, Medium Density (West), and directly to the Residential Single-Family, Extremely Low Density (South) is vacant land. The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses. The project also proposes a building of high- quality design and at a scale compatible with the surrounding area; therefore, the project fosters a high-quality design and would contribute to the surrounding properties as they are all planned and zoned Residential land uses. The subject property is designated for Low Density Residential planned uses by the McLane Community Plan. Upon reviewing the policies contained in the Plan staff has determined that the there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan. However, should there be a conflict between the FMC and the McLane Community Plan, pursuant to Section 15-104-D-4 of the FMC, the FMC shall control. Finding b: The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare; and Finding (b) can be made for the following reasons: The proposed change is necessary for the development of Multi-Family residential units. The subject property is currently zoned for Residential Single-Family; Extremely Low Density uses. The proposed rezoning of the property would allow the construct a 64-unit two-story multi-family residential development consisting of (12) one-bedroom one bath, (32) two-bedroom two bath, and (20) three-bedroom two bath units; including a community building. Pursuant to Table 15-1002 (Land Use Regulations – Residential Multi-Family Districts) of the FMC, Multi-Unit Residential uses, are permitted “by right” in the RM-1 zone district and not subject to specific limitations or additional regulations for special uses pursuant to Article 27 of the FMC. Therefore, if approved, the project (Development Permit Application No. P22-02376) would be considered consistent with the proposed planned land use and zoning classification of Medium High Density Residential. The Development Code implements setbacks, height, density, landscaping, parking and all applicable development standards for the use listed above. In addition, all responsible departments and agencies have been contacted and provided opportunity to respond with requirements to ensure the proposed development will protect the health, safety, peace, comfort, and general welfare of the community. The project has been designed and conditioned in a manner which will promote and protect the public health, safety, peace, comfort and general welfare as provided and further analyzed within the staff report, to which these findings are attached, as well as within the associated Environmental Assessment. Finding c: The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land within a given zoning district to meet market demand. Finding (c) can be made for the following reasons: The proposed change in land use from Residential - Low Density to Residential - Medium High Density will help the City comply with goals and policies of the General Plan, including Objectives UF-1, LU-1, LU-2, and Policies: UF-1-a, UF-1-e, UF-1-f, LU-1-a, LU-2-a as mentioned in Finding A above. Furthermore, the proposed change in land use from Residential - Low Density to Residential - Medium High Density will help the city meet the intent and vision of the General Plan as mentioned in Finding A above. DEVELOPMENT PERMIT APPLICATION FINDINGS Section 15-5206 of the Fresno Municipal Code provides 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 FRESNO MUNICIPAL CODE SECTION 15-5206 Finding a: The applicable standards and requirements of this Code. Finding (a) can be made for the following reasons: Development and use of the subject site as proposed is contingent upon approval of the related Plan Amendment and Rezone Application No. (P22-04389) components. The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) to RM-1 (Residential Multi-Family, Medium High Density) zone district in accordance with the Plan Amendment Application. The proposed use, Multi-Family residential, is permitted by right, subject to an approved Development Permit, in the RM-1 (Residential Multi-Family, Medium High Density) zone district. Given the conditions of approval, Development Permit Application No. P22-02376 will comply with all applicable development standards of RM-1 zone district and the Citywide Development Code including but not limited to Article 10 (Residential Multi-Family Districts), Article 23 (Landscaping), and Article 24 (Parking and Loading). Finding b: The General Plan and any operative plan or policies the City has adopted. Finding (b) can be made for the following reasons: Given the conditions of approval, Development Permit Application No. P22-02376 has been found to be consistent with the goals, objectives, and policies contained in the Fresno General Plan, and the McLane Community Plan as well as the proposed planned land use designation of Medium High Density Residential. Finding c: Any applicable design guidelines adopted by the City Council. Finding (c) can be made for the following reasons: Given the conditions of approval, Development Permit Application No. P22-02376 will comply with all applicable site design and façade design development standards of the RM-1 (Residential Multi- Family, Medium High Density) zone district. Finding d: Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required. Finding (d) can be made for the following reasons: Aside from the related Plan Amendment and Rezone Application No. P22-04389, the proposed project does not require a Tentative Map, Conditional Use Permit, Variance or other planning or zoning approval. Development Permit Application No. P22-02376 is consistent with the proposed Plan Amendment and Rezone Application No. P22-04389 in that the land use and zoning change approval will allow for the development of a Multi-Family Residential. All special conditions required for the proposed project have been incorporated into the Conditions of Approval which shall be met prior to issuance of building permits/occupancy. Furthermore, the applicant is required to submit corrected exhibits, inclusive of all conditions of approval which will ensure that all requirements are met. 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. Finding (e) can be made for the following reasons: The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project site is located within the (Fresno Yosemite International Airport (FYIA) Safety Zone 6 – Traffic Pattern Zone and is not located within a Noise Contour. Listed uses prohibited in Traffic Pattern Zone 6 include hazards to flight. Furthermore, the following Development conditions do not apply; No object shall have 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. The Airport Land Use Commission is scheduled to review this project at their August 7, 2023, regular meeting. 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 O – Proposed Land Use Exhibit N Raleigh DrNZinfandelDrN Black Oak DrE Millie Dr NCarriageAveN Filbert AveN Dee Ann AveE B ibi Dr E Zoie Dr N Annie DrEProvidence A ve N Zinnia DrE Adena Ave E Meritage Dr E Watson DrN Sophie DrP22-04389APN: 310-250-13Bounded by Clinton (south) and Armstrong (west). 0 500 1,000250Feet´ Proposed Planned Land Use Map 4.39 acresrl to rmh Proposes to rezone approximately 4.39 acres from rl (Low Density Residential) land use designation to rmh (Medium High Density Residential) land use designation. ClintonArmstrong Exhibit P – Proposed Rezone Exhibit N Raleigh DrNZinfandelDrN Black Oak DrE Millie Dr NCarriageAveN Filbert AveN Dee Ann AveE B ibi Dr E Zoie Dr N Annie DrEProvidence A ve N Zinnia DrE Adena Ave E Meritage Dr E Watson DrN Sophie DrP22-04389APN: 310-250-13Bounded by Clinton (south) and Armstrong (west). 0 500 1,000250Feet´ Rezone Exhibit A 4.39 acresRS-1 to RM-1 Requesting to rezone 4.39 acres from RS-1 (Residential Single-Family, Extremely Low Density) to RM-1 (Residential Multi-Family, Medium High Density). ClintonArmstrong Exhibit Q - Planning Commission Resolutions No. 13804, 13805, and 13806 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13804 The Fresno City Planning Commission, at its regular meeting on July 19, 2023, adopted the following resolution relating to Plan Amendment Application No. P22-04389. WHEREAS, Plan Amendment Application No. P22-04389 was filed with the City of Fresno by Scott Vincent of the Vincent Company Architects, Inc, on behalf of Robert D Duley of Duley Robert D & Debbie R Trustees, for ±4.39 acres of property located on the east side of North Armstrong Avenue, between East Clinton and East Shields Avenues; and, WHEREAS, Plan Amendment Application No. P22-04389 proposes to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential (±4.39 acres) to Medium High Density Residential (±4.39 acres), WHEREAS, on July 19, 2023, the Fresno City Planning Commission (Commission) reviewed the subject plan amendment application in accordance with the policies of the Fresno General Plan and McLane Community Plan; and, WHEREAS, during the July 19, 2023, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested planned land use change; and, WHEREAS, the Commission conducted a public hearing to review the proposed plan amendment and considered the Planning and Development Department’s report recommending approval of the proposed plan amendment application; and, WHEREAS, the Commission considered the proposed plan amendment relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Council District 7 Project Review Committee is currently inactive; and, WHEREAS, the Commission invited testimony with respect to the proposed plan amendment; and, WHEREAS, two (2) members of the public spoke in opposition of the proposed plan amendment; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Plan Amendment Application No. P22-04389 will have a significant effect on the environment. It has been further determined that all applicable mitigation measures have been incorporated to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has Planning Commission Resolution No. 13804 Plan Amendment Application No. P22-04389 July 19, 2023 Page 2 been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration for Environmental Assessment No. P22-04389/P22-02376 dated June 16, 2023, and, BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Plan Amendment Application No. P22-04389 to amend the Fresno General Plan to change the planned land use designation for the subject property from Low Density Residential (±4.39 acres) to Medium High Density Residential (±4.39 acres) as described and depicted on the attached Exhibit “A.” The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Diaz, seconded by Commissioner Lyday. VOTING: Ayes - Criner, Diaz, Bray, Lyday, Wagner, Vang (Chair) Noes - None Not Voting - Hardie (Vice Chair) Absent - None DATED: July 19, 2023 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13804 Plan Amendment Application No. P22- 04389 Filed by Scott Vincent of the Vincent Company Architects, Inc, on behalf of Robert D Duley of Duley Robert D & Debbie R Trustees. Action: Recommend Approval to the City Council Attachment: Exhibit A for N Raleigh DrNZinfandelDrN Black Oak DrE Millie Dr NCarriageAveN Filbert AveN Dee Ann AveE B ibi Dr E Zoie Dr N Annie DrEProvidence A ve N Zinnia DrE Adena Ave E Meritage Dr E Watson DrN Sophie DrP22-04389APN: 310-250-13Bounded by Clinton (south) and Armstrong (west). 0 500 1,000250Feet´ Proposed Planned Land Use Map 4.39 acresrl to rmh Proposes to rezone approximately 4.39 acres from rl (Low Density Residential) land use designation to rmh (Medium High Density Residential) land use designation. ClintonArmstrong FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13805 The Fresno City Planning Commission, at its regular meeting on July 19, 2023, adopted the following resolution relating to Rezone Application No. P22-04389. WHEREAS, Rezone Application No. P22-04389 was filed with the City of Fresno by Scott Vincent of the Vincent Company Architects, Inc, on behalf of Robert D Duley of Duley Robert D & Debbie R Trustees, for ±4.39 acres of property located on the east side of North Armstrong Avenue, between East Clinton and East Shields Avenues; and, WHEREAS, Rezone Application No. P22-04389 proposes to rezone the subject property from the RS-1 (Residential Single Family, Extremely Low Density) zone district to the RM-1 (Residential Multi-Family, Medium High Density) zone district; and, WHEREAS, on July 19, 2023, the Fresno City Planning Commission (Commission) reviewed the subject rezone application in accordance with the policies of the Fresno General Plan and McLane Community Plan and, WHEREAS, during the July 19, 2023, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested rezoning change; and, WHEREAS, the Commission conducted a public hearing to review the proposed rezone and considered the Planning and Development Department’s report recommending approval of the proposed rezone application; and, WHEREAS, the Commission considered the proposed rezone relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Council District 7 Project Review Committee is currently inactive; and, WHEREAS, the Commission invited testimony with respect to the proposed rezone; and, WHEREAS, two (2) members of the public spoke in opposition of the proposed rezone; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. P22-04389 will have a significant effect on the environment. It has been further determined that all applicable mitigation measures have been incorporated to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate Planning Commission Resolution No. 13805 Rezone Application No. P22-04389 July 19, 2023 Page 2 in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration for Environmental Assessment No. P22- 04389/P22-02376 dated June 16, 2023, and, BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Rezone Application No. P22-04389 to rezone the subject property from the RS-1 (Residential Single Family, Extremely Low Density) zone district to the RM-1 (Residential Multi-Family, Medium High Density) zone district as described and depicted on the attached Exhibit “A.” The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Diaz, seconded by Commissioner Lyday. VOTING: Ayes - Criner, Diaz, Bray, Lyday, Wagner, Vang (Chair) Noes - None Not Voting - Hardie (Vice Chair) Absent - None DATED: July 19, 2023 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13805 Rezone Application No. P22-01086 Filed by Scott Vincent of the Vincent Company Architects, Inc, on behalf of Robert D Duley of Duley Robert D & Debbie R Trustees. Action: Recommend Approval to the City Council Attachment: Exhibit A for N Raleigh DrNZinfandelDrN Black Oak DrE Millie Dr NCarriageAveN Filbert AveN Dee Ann AveE B ibi Dr E Zoie Dr N Annie DrEProvidence A ve N Zinnia DrE Adena Ave E Meritage Dr E Watson DrN Sophie DrP22-04389APN: 310-250-13Bounded by Clinton (south) and Armstrong (west). 0 500 1,000250Feet´ Rezone Exhibit A 4.39 acresRS-1 to RM-1 Requesting to rezone 4.39 acres from RS-1 (Residential Single-Family, Extremely Low Density) to RM-1 (Residential Multi-Family, Medium High Density). ClintonArmstrong FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13806 The Fresno City Planning Commission, at its regular meeting on July 19, 2023, adopted the following resolution relating to Development Permit Application No. P22-02376. WHEREAS, Development Permit Application No. P22-02376 was filed with the City of Fresno by Scott Vincent of the Vincent Company Architects, Inc, on behalf of Robert D Duley of Duley Robert D & Debbie R Trustees, for ±4.39 acres of property located on the east side of North Armstrong Avenue, between East Clinton and East Shields Avenues; and, WHEREAS, Development Permit Application No. P22-02376 proposes to construct a 64-unit residential multi-family housing development on the ±4.39 acre property; and, WHEREAS, on July 19, 2023, the Fresno City Planning Commission (Commission) reviewed the subject development permit application in accordance with the policies of the Fresno General Plan and McLane Community Plan, and, WHEREAS, during the July 19, 2023, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested planned land use change; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project, subject to the conditions of approval contained in the staff report dated August 10, 2023. WHEREAS, the Commission conducted a public hearing to review the proposed development permit and considered the Planning and Development Department’s report recommending approval of the proposed Development Permit application; and, WHEREAS, the Commission considered the proposed Development Permit relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Council District 7 Project Review Committee is currently inactive; and, WHEREAS, the Commission invited testimony with respect to the proposed development permit; and, WHEREAS, two (2) members of the public spoke in opposition of the proposed development permit; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Development Permit Application No. P22-02376 will have a significant effect on the environment. It has been further determined that all applicable mitigation measures Planning Commission Resolution No. 13806 Development Permit Application No. P22-02376 July 19, 2023 Page 2 have been incorporated to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration for Environmental Assessment No. P22-04389/P22-02376 dated June 16, 2023, and, BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Development Permit Application No. P22-02376, subject to the Planning and Development Department Conditions of Approval dated August 10, 2023. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Diaz, seconded by Commissioner Lyday. VOTING: Ayes - Criner, Diaz, Bray, Lyday, Wagner, Vang (Chair) Noes - None Not Voting - Hardie (Vice Chair) Absent - None DATED: July 19, 2023 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13806 Development Permit Application No. P22-02376 Filed by Scott Vincent of the Vincent Company Architects, Inc, on behalf of Robert D Duley of Duley Robert D & Debbie R Trustees. Action: Recommend Approval to the City Council for Exhibit R – City Council Resolution for Plan Amendment No. P22-04389 N Raleigh DrNZinfandelDrN Black Oak DrE Millie Dr NCarriageAveN Filbert AveN Dee Ann AveE B i b i D r E Zoie Dr N Annie DrEProvidence A ve N Zinnia DrE A dena Ave E Meritage Dr E Watson DrN Sophie DrP22-04389APN: 310-250-13Bounded by Clinton (south) and Armstrong (west). 0 500 1,000250Feet´ Proposed Planned Land Use Map 4.39 acresrl to rmh Proposes to rezone approximately 4.39 acres from rl (Low Density Residential) land use designation to rmh (Medium High Density Residential) land use designation. ClintonArmstrongEXHIBIT A Exhibit S – City Council Ordinance Bill for Rezone Application No. P22-04389 N Raleigh DrNZinfandelDrN Black Oak DrE Millie Dr NCarriageAveN Filbert AveN Dee Ann AveE B ibi Dr E Zoie Dr N Annie DrEProvidence A ve N Zinnia DrE Adena Ave E Meritage Dr E Watson DrN Sophie DrP22-04389APN: 310-250-13Bounded by Clinton (south) and Armstrong (west). 0 500 1,000250Feet´ Rezone Exhibit A 4.39 acresRS-1 to RM-1 Requesting to rezone 4.39 acres from RS-1 (Residential Single-Family, Extremely Low Density) to RM-1 (Residential Multi-Family, Medium High Density). ClintonArmstrong Exhibit T – PowerPoint Presentation CONSIDERATION OF Plan Amendment and Rezone Application No. P22-04389, Development Permit Application No. P22-02376 and Related Environmental Assessment No. P22- 04389/P22-02376 CITY COUNCIL HEARING | AUGUST 10, 2023ID 23-1129 VICINITY MAP CITY COUNCIL AUGUST 10, 2023 | ID 23-1129 Subject Property ±4.39-acres PROJECT DESIGN AND DETAILS CITY COUNCIL AUGUST 10, 2023 | ID 23-1129 Eight (8) two-story buildings totaling to ±81,000 square feet; A ±2,000 square foot leasing and managers office; Private and common open space totaling to ±40,700 square feet; 124 Parking stalls; New drive approach along North Armstrong Avenue; Pool; Three (3) Trash enclosures; Landscaping; Curb, gutter, and sidewalks EXHIBITS STAFF RECOMMENDATION CITY COUNCIL AUGUST 10, 2023 | ID 23-1129 Based upon the evaluation contained in this report, staff recommends that the City Council take the following actions: 1.ADOPT – Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-02376/P22-04389, dated June 16, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2.ADOPT RESOLUTION – approving Plan Amendment Application No. P22-04389, requesting authorization to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential; and, 3.INTRODUCE AND ADOPT BILL – approving Rezone Application No. P22-04389, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) (±4.39 acres) zone district to RM-1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application; and, 4.APPROVE – Development Permit Application No. P22-02376, requesting authorization to construct a 64-unit, two-story multi-family residential development including a community building subject to compliance with the Conditions of Approval dated August 10, 2023. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER K. CLARK, Director Planning and Development Department BY:PHILLIP SIEGRIST, Planning Manager Development Services Division SUBJECT HEARING to Consider Plan Amendment and Rezone Application No. P22-00507, Development Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/P22- 00505 pertaining to ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues. (Council District 2) - Planning & Development Department. 1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. RESOLUTION - Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres); and, 3. BILL - (For introduction and adoption) - Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to the CG (Commercial - General) (±1.23 acres) zone district in accordance with the Plan Amendment Application; and, 4. APPROVE - Development Permit Application No. P22-00505, requesting authorization to construct an 11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site, subject to compliance with Conditions of Approval dated March 1, 2023. RECOMMENDATION Staff recommends that the City Council take the following actions: 1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. ADOPT RESOLUTION - Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - City of Fresno Printed on 8/14/2023Page 1 of 15 powered by Legistar™ 8/10/2023 MK/GB 7-0 R. 2023-232 B-30/ORD. 2023-029 File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: General (±1.23 acres); and, 3.INTRODUCE AND ADOPT BILL -Approving Rezone Application No.P22-00507,requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family,Medium Density)(±1.23 acres)zone district to the CG (Commercial -General)(±1.23 acres)zone district in accordance with the Plan Amendment Application; and, 4.APPROVE -Development Permit Application No.P22-00505,requesting authorization to construct an 11,664-square-foot medical clinic and associated parking,circulation,and infrastructure improvements on the approximately 1.23-acre site,subject to compliance with Conditions of Approval dated March 1, 2023. EXECUTIVE SUMMARY Roger Hurtado of Centerline Design,LLC,on behalf of Valley Health Team,Inc.has filed Plan Amendment/Rezone Application No.P22-00507 and related Development Permit Application No. P22-00505 pertaining to six (6)parcels totaling approximately ±1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Plan Amendment Application No.P22-00507 proposes to amend the Fresno General Plan,Bullard Community Plan,and Pinedale Neighborhood Plan to change the planned land use designations for the subject property from Residential -Medium Density (±1.23 acres)to Commercial -General (±1.23 acres). The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family,Medium Density)(±1.23 acres)zone district to Commercial -General (±1.23 acres)zone district in accordance with the Plan Amendment Application. Related Development Permit Application No.P22-00505 requests to construct an 11,664-square-foot, single-story medical clinic.The project proposes on and off-site improvements including but not limited to two (2)points of ingress and egress;curbs,gutters,and sidewalks;landscaping;and guest and employee parking.The project will also require the construction of public facilities and infrastructure in accordance with the standards,specifications,and policies of the City of Fresno. Under the current planned land use and zone district of Residential -Medium Density,the proposed use as a medical office would be prohibited.Under the proposed Commercial -General planned land use and zone district, the proposed use would be permitted by right. On March 1,2023,the Planning Commission considered the items as presented by staff in accordance with Fresno Municipal Code (FMC)Section 15-5808.Two (2)members of the public spoke on the project during the hearing.After a complete hearing,the Planning Commission voted and recommended the City Council adopt the environmental assessment and approve the plan amendment & rezone and development permit applications 6 votes to 0. The City Council is considering this project pursuant to FMC Section 15-5810,which requires a City Council Hearing and Action for plan amendment and rezone applications. City of Fresno Printed on 8/14/2023Page 2 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: BACKGROUND Plan Amendment and Rezone Application No.P22-00507 and related Development Permit Application No.P22-00505 were filed by Roger Hurtado of Centerline Design,LLC,on behalf of Valley Health Team,Inc.and pertains to six (6)contiguous parcels totaling approximately ±1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Surrounding Property Information Plan Amendment and Rezone Application No.P22-00507 and related Development Permit Application No.P22-00505 were filed by Roger Hurtado of Centerline Design,LLC,on behalf of Valley Health Team,Inc.and pertains to six (6)contiguous parcels totaling approximately ±1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Surrounding Property Information The project site is in an area generally characterized by a mix of existing land uses including Public Facilities (north),residential (south),commercial (east),residential (west).Furthermore,surrounding properties are planned and zoned for a mix of land uses which include Public Facility -Elementary School (north),Residential -Medium Density (south),Corridor -Center Mixed Use (east),and Residential -Medium Density (west).Properties located further to the south and southwest are planned for Commercial -General.Properties located further to the east are planned for Commercial -Regional.Additional surrounding property information such as the existing and planned land use designations,as well as the existing zoning districts surrounding the subject property can be found in Exhibits B, C, D, & E. Project Description The project proposes to develop an 11,664-square-foot,28-foot-tall single-story medical clinic.The project proposes on and off-site improvements including but not limited to two (2)points of ingress and egress;curbs,gutters,and sidewalks;landscaping;and employee and guest parking.The project will also require the demolition of two (2)existing on-site structures,which include a 923 square-foot single-family dwelling unit and 464 square-foot detached garage,and the construction of public facilities and infrastructure in accordance with the standards,specifications,and policies of the City of Fresno. Proposed Building Design and Operations The proposed facility is anticipated to serve an estimated 5,000 unduplicated patients and provide 21,450 patient visits per year or 82 clients per day.Services to be provided also include telemedicine which will account for 25%(or 20+/-patients)of all client visits.Valley Health Team anticipates that 40-50%of patient visits will consist of residents from within the Pinedale community and students from Pinedale Elementary School. The project is anticipated to employ approximately 40 staff members including providers and support staff at the site.The proposed hours of operations are Monday through Friday,from 8:00 a.m.to 6:00 p.m.based on demand,the proposed health center may offer expanded hours in the evenings to 8:00 p.m.and on Saturdays.An Urgent Care component may also be provided seven (7)days a week from 8:00 a.m. to 9:00 p.m. with a reduced staff, provided the demand for the service exists. City of Fresno Printed on 8/14/2023Page 3 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: The health center will meet OSHPD3 requirements and will accommodate exam,treatment,labs,x- ray,behavioral health,dental and other rooms or offices.The health center will provide outpatient services in family medicine,internal medicine,pediatrics,perinatal care,gynecology,nutrition and health education,behavioral health,dentistry,diagnostic lab and x-ray,referral services for women, infants, and children. Additionally, chiropractic and podiatry dispensing services will be offered. The proposed project would also include a six-foot concrete masonry unit (CMU)wall and landscape buffer along the western project site boundary. Vehicular access to the project site would be provided through two (2)new drive approaches located along West Beechwood Avenue and North Sugar Pine Avenue.Vehicle circulation within the project site would be provided by a network of two-way,27-foot-wide driveways.The proposed project would include 56 vehicle parking spaces,including two (2)accessible parking stalls,one (1)van accessible parking stall,and six (6)stalls in the future would be designated for electric vehicle charging stations. In addition,the proposed project would provide six (6)bicycle parking spaces,including three (3)long -term bicycle lockers and three short-term bicycle racks. Existing Land Use and Zoning The subject property is located within the boundaries of the Fresno General Plan,Bullard Community Plan,Pinedale Neighborhood Plan,and the Fresno County Airport Land Use Compatibility Plan (ALUCP).These plans designate the subject ±1.23-acre property for Residential -Medium Density planned land uses.The existing underlying RS-5 (Residential Single Family,Medium Density)zone district is consistent with the Residential - Medium Density planned land use designation. Based upon the existing residentially planned land use density and acreage allocations currently designated by the Fresno General Plan,the subject property is currently expected to yield approximately 6 - 14 dwelling units. According to the Fresno General Plan,Medium Density Residential is intended for areas with predominantly single-family residential development,but can also accommodate a mix of housing types,including small-lot starter homes,zero-lot line developments,duplexes,and townhomes. Under the current planned land use designation and zone district of Residential -Medium Density, the proposed medical facility would be prohibited.Therefore,the subject Plan Amendment and Rezone Application (P22-00507)is required to change the existing zoning and land use to a district in which this use is permissible to facilitate the proposed development. Proposed Land Use and Zoning Plan Amendment Application No.P22-00507 proposes to amend the Fresno General Plan and Pinedale Specific Plan to change the planned land use designations for the subject property from Residential -Medium Density (±1.23 acres)to Commercial -General (±1.23 acres).The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family,Medium Density)(±1.23 acres)zone district to the CG (Commercial -General)zone district in accordance with the Plan Amendment Application.The proposed underlying CG zone district is consistent with the proposed Commercial - General planned land use designation. City of Fresno Printed on 8/14/2023Page 4 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: The Commercial -General planned land use designation and zoning classification accommodates a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses.Examples of allowable uses include building materials,storage facilities with active storefronts,equipment rental,wholesale businesses,and specialized retail not normally found in shopping centers.The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized. Article 67 of the Fresno Municipal Code (FMC)provides use classifications which describe one or more uses of land that have similar characteristics (e.g.,residential uses,commercial uses,industrial uses,etc.),but do not list every use or activity that may appropriately be within the classification. Pursuant to FMC Section 15-6704 (Commercial Use Classifications),the proposed use would be classified as offices,Medical and Dental.Office uses providing consultation,diagnosis,therapeutic, preventive,or corrective personal treatment services by doctors,dentists,medical and dental laboratories,and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California.Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. Pursuant to Table 15-1202 (Land Use Regulations -Commercial Districts)of the FMC,Office uses, which includes Medical and Dental,are permitted “by right”in the CG zone district and not subject to specific limitations or additional regulations for special uses pursuant to Article 27 of the FMC. Therefore,if approved,the project (Development Permit Application No.P22-00505)would be considered consistent with the proposed planned land use and zoning classification of Commercial - General. Housing Crisis Act of 2019 (SB 330) On October 9,2019,Governor Newsom signed Senate Bill (“SB”)330 enacting the “Housing Crisis Act of 2019.”This housing bill was effective starting January 1,2020,and later amended through the adoption of Senate Bill 8 (SB 8),effective January 1,2022,and will therefore remain in effect through January 1,2030.One of the applicable provisions of this legislation,as it relates to Plan Amendments and Rezoning,includes limitations wherein an affected City (which includes the City of Fresno) cannot change the general plan land use designation,specific plan designation,or zoning to a less intensive use,or reduce the intensity of an existing land use designation or zone district,below the density/intensity that was in effect on January 1,2018;unless,the City concurrently increases density within its plans elsewhere within the City (i.e.corresponding up-zone)to ensure the total number of available residential units remain the same,resulting in no net loss of residential development capacity.Pursuant to SB 8,“concurrently,”was amended to be defined as follows:the action is approved at the same meeting of the legislative body;the action is approved at the same meeting of the legislative body or,if the action that would result in a net less or residential capacity is requested by an applicant for a housing development project,within 180 days;and the action is included in the initiative in a manner that ensures the added residential capacity is effective at the same time as the reduction in residential capacity. In this case,the subject area of ±1.23 acres are proposing a land use change from Residential - Medium Density to Commercial -General.The maximum density allowed in the Residential -Medium Density planned land use designation is 12 dwelling units per acre.Therefore,the proposed plan amendment and rezone application would result in a reduction of residential development capacity ofCity of Fresno Printed on 8/14/2023Page 5 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: amendment and rezone application would result in a reduction of residential development capacity of 14 dwelling units;unless a separate Plan Amendment/Rezone application that will increase the total number of residential units elsewhere in the City is concurrently approved by the City Council on the same day as the subject application (resulting in no net loss in residential capacity). In accordance with SB 330 and SB 8,an affected city (including Fresno)cannot enact a change in the General Plan or Specific Plan designation or zoning to a less intensive use or reduce residential density below January 2018 levels without a concurrent up-zone.These are matters subject to Council Resolution and Ordinance.Therefore,it must be demonstrated that the proposed project will not result in a net loss prior to Council action. The applicant has not submitted an application for a separate Plan Amendment and Rezone that would offset the loss of potential dwelling units for the subject area,consistent with SB 330.For purposes of this project complying with the provisions of SB 330 and SB 8,the City Council must “concurrently”approve a separate proposal or initiative that would offset the loss of potential dwelling units for the subject site in order to be consistent with SB330 & SB 8. ANALYSIS Traffic & Circulation The Project site has three (3)existing street frontages,West Fir Avenue to the North,North Sugar Pine Avenue to the East,and West Beechwood Avenue to the South.The Fresno General Plan Circulation Element designates these roadways (West Fir Avenue,North Sugar Pine and West Beechwood Avenue) as local streets. The project will include frontage improvements including but not limited to two (2)points of ingress and egress,curbs,gutters,and sidewalks.The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan,which generally represents areas near or outside the City Limits but within the Sphere of Influence (SOI)as of December 31,2012.The threshold established by the Fresno General Plan in TIZ III is Level of Service “D”representing a high -density, but stable flow. In accordance with Fresno General Plan Policy MT-2-I,given that the project includes a General Plan amendment,a Traffic Impact Study (TIS)is required.However,the project site and surrounding area already has appropriate multi-modal infrastructure improvements.As such,the City Traffic Engineer determined that a trip generation comparison would suffice in lieu of a TIS.A Trip Generation Analysis (TGA)was prepared by JLB Traffic Engineering,Inc.dated April 8,2022 (Exhibit N)to evaluate the potential difference in traffic generation. As identified in the TGA,vehicle trips and generation rates projected to be generated by the proposed project were calculated using the Institute of Traffic Engineers (ITE)Trip Generation Manual, 10th Edition. Based upon the existing residentially planned land use density and acreage allocations currently designated by the Fresno General Plan,the subject property (if it were to be developed with single family residences)is anticipated to generate approximately 104 Average Daily Trips (ADT)with 8 vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 11 vehicle tripsCity of Fresno Printed on 8/14/2023Page 6 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 11 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period. Based upon the proposed change in land use from Residential -Medium Density to Commercial - General,at full buildout the proposed project is projected to generate 406 Average Daily Trips (ADT) with 32 vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 40 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period. Compared to that which could be developed consistent with the General Plan,the proposed project is estimated to generate a net increase of 302 average daily trips,24 morning peak hour trips and 29 evening peak hour trips. The Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the proposed project and the expected traffic generation will not adversely impact the existing and projected circulation system as analyzed in PEIR. The Public Works Department,Traffic Engineering Division has reviewed the potential traffic related impacts for the proposed project 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 standard city requirements for street improvements and subject to the project specific mitigation measures determined applicable by the City of Fresno Traffic Engineer.These requirements generally include:(1)Local street dedications;(2)Street improvements,(including,but not limited to,construction of concrete curbs,gutters,pavement,underground street lighting systems; and (3)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 (RTMF) Fee. Vehicle Miles Traveled (VMT) Analysis Senate Bill (SB)743 requires that relevant California Environmental Quality Act (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 car travel onto our roads, the project may cause a significant transportation impact. On June 25,2020,the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds,dated June 25,2020,pursuant to Senate Bill 743 to be effective of July 1,2020.The Fresno VMT Thresholds document includes thresholds of significance for development projects, transportation projects,and land use plans.These thresholds of significance were developed using the County of Fresno as the applicable region,and the required reduction of VMT (as adopted in the Fresno VMT Thresholds)corresponds to Fresno County’s contribution to the statewide GHG emission reduction target.In order to reach the statewide GHG reduction target of 15%,Fresno County must reduce its GHG emissions by 13%.The method of reducing GHG by 13%is to reduce VMT by 13% as well. For residential and non-residential (except retail)development projects,the adopted threshold of significance is a 13%reduction,which means that projects that generate VMT in excess of a 13% reduction from the existing regional VMT per capita or per employee would have a significant environmental impact.Projects that reduce VMT by more than 13%are less than significant.For retail projects,the adopted threshold is any net increase in VMT per employee compared to existingCity of Fresno Printed on 8/14/2023Page 7 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: retail projects,the adopted threshold is any net increase in VMT per employee compared to existing VMT per employee. A quantitative analysis was prepared by JLB Traffic Engineering (Exhibit N)utilizing the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE).The results of the analysis indicated the proposed project is estimated to generate a maximum of 406 daily trips,32 AM peak hour trips and 40 PM peak hour trips,which is lower than 500 ADT.The analysis concluded there are no impacts to VMT associated with this Project. Air Quality and Greenhouse Gas Emissions The California Emissions Estimator Model (CalEEMod)is a statewide land use emissions computer model designed to provide a uniform platform for government agencies,land use planners,and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions (i.e.,reactive organic gasses,oxides of nitrogen,small particulate matter,etc.)associated with both construction and operations from a variety of land use projects. CalEEMod version 2020.4.0 was used to quantify direct emissions from construction and operation activities (including vehicle use),as well as indirect emissions,such as GHG emissions from energy use,solid waste disposal,vegetation planting and/or removal,and water use.Overall,the project will not result in criterion pollutants and greenhouse gas emissions beyond adopted thresholds of significance.A more detailed analysis and evaluation of the projects air quality and greenhouse gas emissions impacts is included in Appendix A of the attached Environmental Assessment dated December 9, 2022, that was prepared for the project (Exhibit N). Public Services Sewer The nearest sanitary sewer main to serve the proposed project is within the Pinedale County Water District service area,and it is anticipated that Pinedale County Water District will provide sewer service to the proposed development.The applicant shall contact the Pinedale County Water District for sewer service conditions and/or restrictions.The requirements listed above,and additional requirements have been listed in the Department of Public Utilities memo dated November 3, 2022. Water The nearest water mains to serve the proposed project is within the Pinedale County Water District service area,and it is anticipated that Pinedale County Water District will provide water services (potable water and fire protection)to the proposed development.The applicant shall contact the Pinedale County Water District for water service conditions and/or restrictions.Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated November 3, 2022. FMFCD In the memorandum dated October 6,2022,the FMFCD indicated that the existing Master Plan drainage system was designed to serve medium density residential uses and does not have the capacity to accommodate the increased runoff generated by the proposed commercial land use.As such,the project has been conditioned to mitigate the impacts of the increased runoff to a rate that would be expected if developed to medium density residential.The developer may either make improvements to the existing pipeline system to provide additional capacity or may implement aCity of Fresno Printed on 8/14/2023Page 8 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: improvements to the existing pipeline system to provide additional capacity or may implement a permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Fire The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to future requirements for development which will include requirements incorporated into the Conditions of Approval. Review for compliance with fire and life safety requirements for the interior of proposed building and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code. Police The City of Fresno Police Department did not provide comment. Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Plan Amendment and Rezone Application No.P22-00507 and Development Permit Application No.P22-00505.The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated March 1, 2023. Fresno Municipal Code Given the conditions of approval dated March 1,2023 (Exhibit J),Plan Amendment and Rezone Application No.P22-00507 and related Development Permit Application No.P22-00505 will meet all of the provisions of the FMC,including but not limited to setbacks,transition standards,parking, landscaping,and connectivity,and will comply with all applicable design guidelines and development standards for Office uses (specifically Medical and Dental)in the CG (Commercial -General)zone district. LAND USE PLANS AND POLICIES Fresno General Plan The project proposes to amend the Fresno General Plan to change the planned land use designations for the subject property from Residential -Medium Density (±1.23 acres)to Commercial -General (±1.23 acres).According to the Fresno General Plan,the Commercial -General planned land use designation is intended accommodate a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses.Examples of allowable uses include building materials,storage facilities with active storefronts, equipment rental,wholesale businesses,and specialized retail not normally found in shopping centers.The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized. The Fresno General Plan provides goals,objectives,and policies to guide development.As City of Fresno Printed on 8/14/2023Page 9 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: proposed, the project will be consistent with the following Fresno General Plan goals: ·Increase opportunity, economic development, business, and job creation. ·Make full use of existing infrastructure,and investment in improvements to increase competitiveness and promote economic growth. ·Promote orderly land use development in pace with public facilities and services needed to serve development. These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives,achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. The following are applicable objectives and policies from the Urban Form,Land Use &Design,and Economic Development elements of the Fresno General Plan: ·Objective ED-1:Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. ·Objective LU-1:Establish a comprehensive citywide land use planning strategy to meet economic development objectives,achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. o Policy LU-1-a:Promote Development within the Existing City Limits as of December 31,2012.Promote new development,infill,and rehabilitation of existing building stock in the Downtown Planning Area,along BRT corridors,in established neighborhoods generally south of Herndon Avenue,and on other infill sites and vacant land within the City. o LU-1-c:Provision of Public Facilities and Services.Promote orderly land use development in pace with public facilities and services needed to serve development. ·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. o Policy LU-2-a:Infill Development and Redevelopment.Promote development of vacant,underdeveloped,and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. The proposed plan amendment meets the intent of the goals,objectives,and policies of the Fresno General Plan referenced herein above.Approval of the plan amendment and rezone would help facilitate and achieve the above-mentioned goals,objectives,and policies of the General Plan.The subject property is currently undeveloped and located in an area experiencing growth in development and that can be generally characterized by a mix of existing land uses including Public Facility - Elementary School (north),Residential -Medium Density (south),Corridor -Center Mixed Use (east), City of Fresno Printed on 8/14/2023Page 10 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: Elementary School (north),Residential -Medium Density (south),Corridor -Center Mixed Use (east), and Residential -Medium Density (west).The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses.The project also proposes a building of high-quality design and at a scale compatible with the surrounding area;therefore,the project fosters a high- quality design and would contribute to the mix of amenities in the surrounding area.Lastly,the project supports economic development by opening a new medical facility,which will provide 40 permanent, full-time jobs in North Fresno’s Pinedale Area. Bullard Community Plan There are no goals,objectives or policies within the Bullard Community Plan that would restrict or prohibit the proposed project (Plan Amendment,Rezone,and Development Permit).However, pursuant to FMC Section 15-104-B-4.a (Priority of Plans),should there be a conflict between the Development Code and any operative plan,or between two operative plans,the Development Code shall prevail. Pinedale Neighborhood Plan The Pinedale Neighborhood Plan (PNP)currently has principles and policies that would discourage commercial uses at the subject properties.Specifically,Objective D-1 which is intended to restrict the development of new commercial uses primarily to those areas that are within the North Blackstone/North Sugar Pine Avenue commercial corridor and along the Herndon Avenue frontage road,directly southeast of the project site.Through Policy D.1.d,the PNP rezoned the subject properties which are properties along the westerly side of North Sugar Pine Avenue,between West Beechwood and West Fir Avenues from the C-6 (Heavy Commercial)zone district to R-2-A (Low Density Multiple-Family Residential,one story)zone district;properties which are now currently zoned RS-5 (Residential Single-Family, Medium Density). However,the PNP includes the intent to provide the residents of Pinedale easy access to needed commercial and professional/medical services.The project (as proposed)will introduce medical services and easy access to residents who may otherwise require transit or a vehicle to reach medical services outside of the Pinedale neighborhoods.In this way,the project (proposed rezone/plan amendment and related development permit)may be found consistent with the intent and vision of the PNP. Fresno County Airport Land Use Compatibility Plan The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan.The project site is located within the Fresno-Chandler Executive Airport’s (FCE)Safety Zone 7 -Precision Approach Zone and is not located within a Noise Contour. Listed uses prohibited in Traffic Pattern Zone 7 include hazards to flight.Furthermore,the following Development conditions do not apply;No object shall have 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. The Airport Land Use Commission reviewed the project as submitted at their December 5,2022, regular meeting and approved a Finding of Consistency with the ALUCP.Therefore,the proposedCity of Fresno Printed on 8/14/2023Page 11 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: regular meeting and approved a Finding of Consistency with the ALUCP.Therefore,the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan. Public Notice and Input Neighborhood Meeting Prior to submittal of the proposed project,the applicant held a neighborhood meeting on February 22, 2021.Several members of the Pinedale community were in attendance where the applicant provided an overview of the proposed project and addressed comments,questions,and concerns.All but one (1)of the attendees expressed support for the proposed project.A summary of the meeting is available and attached with the Master Application/Operational statement in Exhibit G. Council District Project Committee Review On October 10,2022,the Council District 2 Project Review Committee reviewed this project and unanimously voted (3-0-0)to recommend Approval.Further,recommended the project be approved promptly and open as soon as possible to provide necessary services. Historic Preservation Commission On November 28,2022,the Historic Preservation Commission reviewed the Cultural Resource Assessment pursuant to Sections 15064.5 and 15126.4(b)of the California Environmental Quality Act guidelines and unanimously (4-0-1)recommended approval (to Planning Commission and City Council)of Plan Amendment/Rezone Application No.P22-00507 and related Development Permit Application No. P22-00505. Fresno County Airport Land Use Commission As mentioned in the Land Use and Policies section above,the Fresno County Airport Land Use Commission reviewed the project as submitted at their December 5,2022,regular meeting and approved a Finding of Consistency with the ALUCP. Notice of Planning Commission Hearing In accordance with Section 15-5007 of the FMC,the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on February 17, 2023 (Exhibit K). Fresno City Planning Commission Action/Recommendation On March 1,2023,the Planning Commission considered the item as presented by staff,followed by a brief presentation by the applicant.No members of the public spoke in opposition and two (2) members of the public spoke in support of the project.However,one of which raised several concerns primarily related to traffic and safety,security,and nuisances;all of which were addressed by the project applicant.No letters and/or e-mails were received in opposition or support of the project.After a complete hearing,the Planning Commission voted and recommended the City Council approve the rezone and development permit applications 6 votes to 0,with 0 Commissioners absent. The Planning Commission resolutions (Exhibit L) are attached for more information. Notice of City Council Hearing On July 28,2023,the Planning and Development Department mailed notices of the City Council Hearing to surrounding property owners within 1,000 feet of the subject site in accordance with Section 15-5007 of the FMC. See Exhibit M for Notice of City Council Hearing. City of Fresno Printed on 8/14/2023Page 12 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines.This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration. Pursuant to the California Public Resources Code (PRC)§§21093 and 21094 and California Environmental Quality Act (CEQA)Guidelines §§15070 to 15075,15150,and 15152,this project has been evaluated with respect to each item on the attached Appendix G/Initial Study Checklist to determine whether this project may cause any additional significant effect on the environment,which was not previously examined in the Program Environmental Impact Report SCH No.2019050005 for the Fresno General Plan (“PEIR”).After conducting a review of the adequacy of the PEIR pursuant to PRC §21157.6(b)(1)and CEQA Guidelines §§15151 and 15179(b),the Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete, has become available. The completed Appendix G/Initial Study Checklist,its associated narrative,technical studies,and mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment.The information contained in the project application and its related environmental assessment application,responses to requests for comment,checklist,Initial Study narrative,and any attachments thereto,combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment.It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures. With mitigation imposed under the PEIR and project specific mitigation,there is no substantial evidence in the record that this project may have additional significant,direct,indirect,or cumulative effects on the environment that are significant and that were not identified and analyzed in the PEIR. The Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete has become available. Based upon the evaluation guided by the Appendix G/Initial Study Checklist,it was determined that there are project specific foreseeable impacts which require project level mitigation measures. City of Fresno Printed on 8/14/2023Page 13 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: The Initial Study has concluded that the proposed project will not result in any adverse effects,which fall within the "Mandatory Findings of Significance"contained in §15065 of the State CEQA Guidelines.The finding is,therefore,made that the proposed project will not have a significant adverse effect on the environment. Public notice has been provided regarding staff’s finding in the manner prescribed by §15072 of the CEQA Guidelines and by § 21092 of the PRC Code (CEQA provisions). Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1) and (2). A public notice of the attached Negative Declaration for Environmental Assessment Application No. P22-00507/P22-00505 (Exhibit N)was published on December 9,2022.To date,no response letters have been received. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,staff concludes that the required findings of Sections 15- 5206 (Development Permit Findings)and 15-5812 (Plan Amendment and Rezone Findings)of the Fresno Municipal Code can be made. These findings are attached as Exhibit O. HOUSING ELEMENT FINDINGS The project is located across six (6)parcels;five (5)of which are part of the 2013-2023 RHNA Housing Element Sites Inventory,which anticipates a combined minimum capacity of five (5)above moderate units for this site.This project proposes 0 units of housing which is less than the established minimum residential capacity.Therefore,the City Council must make the required findings pursuant to California Government Code §§65863.These findings are attached as Exhibit O. LOCAL PREFERENCE Local preference was not considered because the project does not include a bid or award of a construction or service contract. FISCAL IMPACT Affirmative action by the City Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant.Prudent financial management is demonstrated by the expeditious completion of this land use application in as much as the applicant has paid to the City a fee for the processing of this application and that fee is,in turn,funding the City of Fresno Printed on 8/14/2023Page 14 of 15 powered by Legistar™ File #:ID 23-1121 Agenda Date:8/10/2023 Agenda #: respective operations of the Planning and Development Department. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan,Bullard Community Plan,Pinedale Neighborhood Plan,and the Fresno County Airport Land Use Compatibility Plan;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 concludes that the required findings contained within Sections 15-5812 and 15-5306 et seq.of the FMC can be made.Upon consideration of this evaluation,it can be concluded that the proposed Plan Amendment and Rezone Application No.P22- 00507 and related Development Permit Application No.P22-00505 are appropriate for the subject property. ATTACHMENTS: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Planned Land Use Map Exhibit D - Zoning Map Exhibit E - Project Information Tables Exhibit F - Noticing Map Exhibit G - Master Application & Owner’s Letter of Authorization Exhibit H - Operational Statement Exhibit I - Exhibits (Site Plan, Elevations, Floor Plans, & Landscape Plan) Exhibit J - Conditions of Approval [March 1, 2023] Exhibit K - Planning Commission Public Hearing Notice & Noticing Map Exhibit L - Planning Commission Resolutions 13789, 13790, & 13791 Exhibit M - City Council Public Hearing Notice & Noticing Map Exhibit N - Environmental Assessment (Including Studies) Exhibit O - Fresno Municipal Code & Housing Element Findings Exhibit P - City Council Resolution for Plan Amendment P22-00507 Exhibit Q - City Council Ordinance Bill for Rezone Application P22-00507 Exhibit R - PowerPoint Presentation City of Fresno Printed on 8/14/2023Page 15 of 15 powered by Legistar™ Exhibit A Plan Amendment and Rezone Application No. P22-0 0507, Development Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/ P22-00505 PROPERTY ADDRESS 49 West Fir Avenue PLANNING AND DEVELOPMENT DEPARTMENT Not To Scale Existing Land Use: Residential – Medium Density Proposed Land Use: Commercial - General Existing Zone District: RS-5 (Residential Single Family, Medium Density) zone district Proposed Zone District: CG (Commercial - General) zone district By: P. Siegrist May 11, 2023 Project Site (± 1.23 acres) Vicinity Map Exhibit B Aerial Photograph Project Site (±1.23 acres) Exhibit C Planned Land Use Map SUBJECT PROPERTY (±1.23 acres) Proposed Existing Exhibit D Zoning Map Project Site Proposed To Be Developed (±1.23 acres) Existing Proposed Exhibit E PROJECT INFORMATION TABLES PROJECT SUMMARY PROJECT See Executive Summary in Staff Report for Plan Amendment and Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505. APPLICANT Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc LOCATION 49 West Fir Avenue; Located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues in Fresno (APNs: 303-161-48, 303-161-49, 303-161-50, 303-161-51, 303- 161-52, and 303-161-53) (Council District 2, Council Member Karbassi) SITE SIZE ± 1.23 acres PLANNED LAND USE Existing- Residential – Medium Density (One Single family home on APN 303-161-48) Proposed- Commercial – General (Medical Facility/Office) ZONING Existing- RS-5 (Residential Single Family, Medium Density) zone district Proposed- CG (Commercial – General) zone district HOUSING ELEMENT SITE This project (P22-00505 and P22-00507) is located across six parcels, five of which are part of the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates a combined minimum capacity of 5 above moderate units for this site. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,499 for a total existing capacity of 15,615 units. This project proposes 0 units of housing, therefore will lower the surplus capacity to 5,494 units. As the remaining sites identified in the Housing Element are adequate 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. PLAN DESIGNATION AND CONSISTENCY Plan Amendment Application No. P22-00507 proposes to amend the Fresno General Plan and Pinedale Specific Plan to change the planned land use designations for the subject property from Residential – Medium Density (± 1.23 acres) to Commercial - General (± 1.23 acres). The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (± 1.23 acres) zone district to the CG (Commercial - General) (± 1.23 acres) zone district in accordance with the Plan Amendment Application. The proposed Commercial – General planned land use designation is consistent with the proposed underlying CG (Commercial - General) zone district. ENVIRONMENTAL FINDING A Mitigated Negative Declaration dated December 9, 2022, was completed. PLAN COMMITTEE RECOMMENDATION The Council District 2 Project Review Committee reviewed this project on October 10, 2022, and unanimously voted (3-0-0) to recommend approval of the project. The committee expressed support for the project and the services it provides. Recommended it be approved promptly and open as soon as possible to provide necessary services. No additional comments and/or recommendations. STAFF RECOMMENDATION Adoption of the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00507/P22-00505, dated December 9, 2022 and Approval of Plan Amendment and Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505 subject to conditions found in the Conditions of Approval dated March 1, 2023. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Public Facility - Elementary School PI (Public and Institutional) Elementary School South Residential – Medium Density RS-5 (Residential Single Family, Medium Density) Residential East Corridor/Center Mixed CMX (Corridor - Center Mixed Use) Commercial West Residential – Medium Density RS-5 (Residential Single Family, Medium Density) Residential Exhibit F Exhibit Map Override 1 Override 1 2/21/2023, 12:42:09 PM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 City of Fresno Exhibit G 2/21/23, 12:48 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2200505 1/2 P22-00505 - VHT - Pinedale File Date:02/09/2022 Application Status:On Hold Application Type:Development Permit Application Detail:Detail Description of Work:Development Permit Application No. P22-00505 was filed by Roger Hurtado of Centerline Design, LLC and pertains to 1.23 acres of properties located on West Fir and West Beachwood Avenues between North Sugar Pine and North San Pablo Avenues. The applicant proposes to construct an 11,520 square foot medical clinic across six parcels. The properties are currently zoned RS-5 (Residential Single-Family, Medium Density. A related application has been submitted (P22-00507) which proposes to rezone 6 parcels from RS-5 zoning to CG (Commercial General) in order for the proposed medical clinic to be a by right use at this location. Application Name:VHT - Pinedale Address:49 W FIR AVE, FRESNO, CA 93650 Owner Name:CASTELLANOS MARIA REBECCA CASTELLANOS MARIA REBECCA Owner Address:734 W LAMONA, FRESNO, CA 93728 Parcel No:30316148 Contact Info:Name Organization Name Contact Type Status Roger Hurtado Centerline Desi...Applicant Active Soyla Reyna-Griffin Valley Health Team Developer Active Licensed Professionals Info:Primary License Number License Type Name Business Name Business License # Total Fee Assessed:$38,760.85 Total Fee Invoiced:$38,242.85 Balance:$0.00 Workflow Status:Task Assigned To Status Status Date Action By Application Enrique Aponte Accept 09/14/2022 Enrique Aponte Pre-review- TIS Jill Gormley Content Suff...02/17/2022 Andreina Aguilar Pre-review- Traffic Louise Gilio Content Suff...02/17/2022 Andreina Aguilar Plan Distribution Assign Revie...09/15/2022 Kenneth Jimenez Public Utilities Commi... County PW and Planning County Planning Caltrans Traffic Planning Louise Gilio Reviewed wit...10/13/2022 Andreina Aguilar Public Works Engineering No Comment 11/30/2022 Luis Gonzalez DPU Water Division Robert Diaz Review Complete 10/10/2022 Robert Diaz DPU Planning and Engin...Kevin Gray Reviewed wit...11/04/2022 Kevin Gray DPU Solid Waste Manage...Kevin Gray Reviewed wit...11/04/2022 Kevin Gray Fire Review Deborah L Remily Revisions Re...10/05/2022 Deborah L Remily Police Review Northwest PD No Comment 10/04/2022 Northwest PD Fresno County Environm...Public Health Reviewed wit...10/03/2022 Public Health Building and Safety Se...Christian Mendez Review Complete 11/10/2022 Christian Mendez Airports Airports Review Complete 09/27/2022 Airports Fresno Area Express FAX No Comment 09/27/2022 FAX Irrigation District Review Complete 10/06/2022 FID Flood Control District FMFCD Review Complete 10/05/2022 FMFCD Air Pollution Control ...SJVAPCD Review Complete 10/06/2022 SJVAPCD PGandE PG&E Review Complete 10/11/2022 PG&E School District CUSD No Comment 10/03/2022 CUSD Council District Commi...Kelsey George Review Complete 11/10/2022 Thomas Veatch Council Member District2 No Response ...11/30/2022 Enrique Aponte US Postal Service USPS No Response ...11/30/2022 Enrique Aponte Planner Review Enrique Aponte Long Range Planning Long Range Plan...Review Complete 11/23/2022 Long Range Plan... Public Works TIS Review Jill Gormley Add'l Info R...11/30/2022 Harmanjit Dhaliwal Public Works- CFD Randy Guill No Comment 11/30/2022 Luis Gonzalez Historic Preservation HISTORIC PRESER...Review Complete 11/30/2022 Enrique Aponte Land Division Impact Fees Frank Saburit Review Complete 09/20/2022 Frank Saburit Review Verification CEQA Review Planner Analysis and P... CEQA Publication NOD-NOE Closure Condition Status:Name Short Comments Status Apply Date Severity Action By Documents:File Name Document Group Category Description Type Document Status Document Status Date 02 - Development-Appli...PLN_GENERAL Other Development Applica...application/pdf Uploaded 02/09/2022 03 - P21-05497 DRC Rev...PLN_GENERAL DRC Letter DRC Review Letter application/pdf Uploaded 02/09/2022 04 - G4 - Environmenta...PLN_GENERAL Environmental A...Completed Environme...application/pdf Uploaded 02/09/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Letter of Owner Aut...application/pdf Uploaded 02/09/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Letter of Owner Aut...application/pdf Uploaded 02/09/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Letter of Owner Aut...application/pdf Uploaded 02/09/2022 07 - G1 - Contents Req...PLN_GENERAL Verification Ch...Completed Contents ...application/pdf Uploaded 02/09/2022 09 - G11 - Traffic Pla...PLN_GENERAL Verification Ch...Completed Traffic P...application/pdf Uploaded 02/09/2022 20-168 - 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Deed Document...PLN_GENERAL Deed Documents Deed Documents application/pdf Uploaded 02/09/2022 P22-00505 and P22-0050...PLN_GENERAL Exhibit Incomplete Letter application/pdf Uploaded 03/08/2022 Menu Help 2/21/23, 12:48 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2200505 2/2 File Name Document Group Category Description Type Document Status Document Status Date 02 - Development-Appli...PLN_GENERAL Verification Ch...Development Applica...application/pdf Uploaded 07/21/2022 03 - P21-05497 DRC Rev...PLN_GENERAL DRC Letter DRC Review Letter application/pdf Uploaded 07/21/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Signed Owner's Auth...application/pdf Uploaded 07/21/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Signed Owner's Auth...application/pdf Uploaded 07/21/2022 07 - G1 - Contents Req...PLN_GENERAL Verification Ch...Drawing Content Req...application/pdf Uploaded 07/21/2022 09 - G11 - Traffic Pla...PLN_GENERAL Verification Ch...Signed Traffic Plan...application/pdf Uploaded 07/21/2022 20-168 - Demo Site Pla...PLN_GENERAL Site Plan Demolition Site Plan application/pdf Uploaded 07/21/2022 20-168 - Proposed Exte...PLN_GENERAL Elevations Proposed Exterior E...application/pdf Uploaded 07/21/2022 20-168 - Proposed Floo...PLN_GENERAL Floor Plan Proposed Floor Plan application/pdf Uploaded 07/21/2022 20-168 - Proposed Site...PLN_GENERAL Site Plan Proposed Site Plan application/pdf Uploaded 07/21/2022 20-168 - Site Details ...PLN_GENERAL Exhibit Proposed Site Details application/pdf Uploaded 07/21/2022 22-01-010_LSP-1 - Land...PLN_GENERAL Landscape Plan Proposed Landscape ...application/pdf Uploaded 07/21/2022 Agreement - VHT Med Of...PLN_GENERAL Other Executed Three Part...application/pdf Uploaded 07/21/2022 Environmental Assessme...PLN_GENERAL Environmental A...Completed Environme...application/pdf Uploaded 07/21/2022 Justification-Operatio...PLN_GENERAL Operational Sta...Operational Statement application/pdf Uploaded 07/21/2022 Lots 38-52 Preliminary...PLN_GENERAL Title Report Preliminary Title R...application/pdf Uploaded 07/21/2022 SJVAPCD ISR - applicab...PLN_GENERAL Environmental A...SJVAPCD ISR Exempti...application/pdf Uploaded 07/21/2022 VHT Pinedale Elec 2201...PLN_GENERAL Site Plan Site Photometric Plan application/pdf Uploaded 07/21/2022 P22-00505 Operational ...PLN_GENERAL Operational Sta...Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 Exterior Ele...PLN_GENERAL Elevations Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 Floor Plan -...PLN_GENERAL Floor Plan Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 Landscape Pl...PLN_GENERAL Landscape Plan Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 Site Plan - ...PLN_GENERAL Site Plan Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 - Medical Cl...PLN_GENERAL Agency Conditions City of Fresno Deve...application/pdf Uploaded 09/20/2022 2022-00505 MAILED.pdf PLN_GENERAL Notices FMFCD NOR application/pdf Uploaded 10/05/2022 P22-00505 FID Comments...PLN_GENERAL Agency Conditions FID's Comments application/pdf Uploaded 10/06/2022 SJVAPCD comment letter...PLN_EA Comment Letter application/pdf Uploaded 10/06/2022 PG&E Impact Letter 10-...PLN_GENERAL Agency Conditions PG&E Impact Letter application/pdf Uploaded 10/11/2022 P22-00505 FIR 49 W.pdf PLN_GENERAL Public Works Tr...COA TRAFFIC PLANNING application/pdf Uploaded 10/13/2022 P22-00505 CP1.pdf PLN_GENERAL Exhibit CP1 TRAFFIC PLANNING application/pdf Uploaded 10/13/2022 P22-00505 Medical Clin...DPU_WATER_SEWER Correspondence DPU CONDITIONS application/pdf Uploaded 11/04/2022 Show all Application Comments:View ID Comment Date ENRIQUEA K:\Master Files - 2022\Development Permit\P22-0...03/08/2022 Initiated by Product:ACA Scheduled/Pending Inspections:Inspection Type Scheduled Date Inspector Status Comments Resulted Inspections:Inspection Type Inspection Date Inspector Status Comments 2/21/23, 12:50 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2200507 1/1 P22-00507 - VHT - Pinedale File Date:02/09/2022 Application Status:In Review Application Type:Plan Amendment - Rezone Application Detail:Detail Description of Work:Planned Amendment - Rezone Application No. P22-00507 was filed by Roger Hurtado of Centerline Design, LLC and pertains to 1.23 acres of properties located on West Fir and West Beachwood Avenues between North Sugar Pine and North San Pablo Avenues. The applicant proposes to rezone 6 parcels from RS-5 ((Residential Single-Family, Medium Density) zoning to CG (Commercial General) in order to construct an 11,520 square foot medical clinic across six parcels, as a by right use at this location. A related Development Permit application has been submitted (P22-00505) for the proposed medical clinic. Application Name:VHT - Pinedale Address:49 W FIR AVE, FRESNO, CA 93650 Owner Name:CASTELLANOS MARIA REBECCA CASTELLANOS MARIA REBECCA Owner Address:734 W LAMONA, FRESNO, CA 93728 Parcel No:30316148 Contact Info:Name Organization Name Contact Type Status Roger Hurtado Centerline Desi...Applicant Active Soyla Reyna-Griffin Valley Health Team Business Owner Active Licensed Professionals Info:Primary License Number License Type Name Business Name Business License # Total Fee Assessed:$0.00 Total Fee Invoiced:$0.00 Balance:$0.00 Workflow Status:Task Assigned To Status Status Date Action By Application Enrique Aponte Accept 09/14/2022 Enrique Aponte Review Distribution Accepted for...09/16/2022 Kenneth Jimenez Traffic Planning Louise Gilio Review Complete 10/11/2022 Andreina Aguilar Fresno Area Express FAX No Comment 09/27/2022 FAX Public Works Engineering No Comment 11/30/2022 Luis Gonzalez County PW and Planning DPU Water Division Robert Diaz Review Complete 10/11/2022 Robert Diaz Irrigation District FID Review Complete 09/23/2022 FID DPU Planning and Engin...Kevin Gray Reviewed wit...11/07/2022 Kevin Gray Flood Control District FMFCD Review Complete 10/18/2022 FMFCD DPU Solid Waste Manage...Kevin Gray Reviewed wit...11/07/2022 Kevin Gray Air Pollution Control ...SJVAPCD Fire Review Steven R Robinson No Comment 10/07/2022 Steven R Robinson Caltrans Public Utilities Commi... PGandE PG&E Reviewed wit...10/12/2022 PG&E School District CUSD No Comment 10/03/2022 CUSD Police Review Northwest PD No Comment 10/05/2022 Northwest PD Fresno County Environm...Public Health Reviewed wit...10/03/2022 Public Health Council District Commi...Kelsey George Review Complete 11/10/2022 Thomas Veatch Council Member District2 No Response ...11/30/2022 Enrique Aponte Building and Safety Se...Christian Mendez No Comment 11/16/2022 Christian Mendez US Postal Service USPS No Response ...11/30/2022 Enrique Aponte Airports Airports No Comment 09/27/2022 Airports Planner Review Enrique Aponte Long Range Planning Long Range Plan...Review Complete 11/23/2022 Long Range Plan... Historic Preservation HISTORIC PRESER...Review Complete 11/30/2022 Enrique Aponte Land Division Impact Fees Frank Saburit Review Complete 09/20/2022 Frank Saburit LRP GIS Review Michael Andrade No Comment 12/01/2022 Karlo Guillermo Public Works TIS Review Harmanjit Dhaliwal Add'l Info R...11/30/2022 Harmanjit Dhaliwal Review Verification CEQA Study Neighborhood Meetings ALUC CEQA Publication Planning Commission City Council Closure Condition Status:Name Short Comments Status Apply Date Severity Action By Documents:File Name Document Group Category Description Type Document Status Document Status Date Show all Application Comments:View ID Comment Date ENRIQUEA K:\Master Files - 2022\Development Permit\P22-0...08/18/2022 Initiated by Product:ACA Scheduled/Pending Inspections:Inspection Type Scheduled Date Inspector Status Comments Resulted Inspections:Inspection Type Inspection Date Inspector Status Comments Menu Help 734 W. Lamona Ave.FresnoCA93728cmaria530@aol.com490 W Fir, APN: 303-161-48DocuSign Envelope ID: EA53169B-BEEC-4F95-8F33-90420702416801/20/2022Maria Castellanos559-260-5099     February 22, 2021 Valley Health Team Neighborhood Outreach Zoom Meeting The Valley Health Team neighborhood outreach zoom meeting was conducted on Monday, February 22 at 6:00 p.m. Various members of the community were in attendance including Ms. Debbie Bolls the principal of the Pinedale Elementary school, David Rodriguez who represents the City District Advisory Committee, Tyler Mackey who is a member of the PWD board, and whose property neighbors the project site, Ms. Anna H. Herrera, Ms. Elaine Guerrero, Ms. Lisa Guzman, and Richard and Linda Amparano. A wide ranging discussion ensued about the project regarding the loss of residential housing opportunities in Pinedale. Soyla A. Reyna-Griffin, Chief Executive Officer of Valley Health Team, provided an overview of the proposed services focused on people who are often at or below 200% of the federal poverty level. The project will provide medical, dental, behavioral health, and specialty services. In addition, a pharmacy dispensary is also under consideration. The behavioral services will not include alcohol or drug treatment, but instead focus on general mental health and family issues. The building will be one story and is estimated to be no more than 11,900 sq. ft. The site was selected due to its ability to provide convenient access to members of the Pinedale community and its proximity to Pinedale Elementary school. Hours may include Saturdays and evenings to best serve the community and address unmet medical needs. Valley Health Team facilities are accredited by the Joint Commission. Achieving Joint Commission accreditation demonstrates a commitment to continuous improvement in patient care and affirms that you are committed to providing safe, high quality care to patients. While it is not a necessary accreditation, it is Valley Health Team’s plan to ensure that the health center will achieve Joint Commission accreditation. Pinedale Elementary School previously had a health clinic on site, but has since closed due to a lack in funding. Ms. Bolls, Principal of Pinedale Elementary was very supportive of the project and offered to assist in any way she could, being very appreciative of the benefit for students and families. The applicant committed to further meetings with the neighbors and particularly with Mr. Mackey who is the most immediate neighbor to address noise and parking. All but one person in attendance supported the proposed clinic. I provided my phone number and email address for people to communicate with me to assure that they were included in any future meetings or public notices. c:\users\dirk\autotask workplace\current clients\valley health team 21-04\neighbors\february 22 outreach meeting summary.docx Exhibit H 1 Valley Health Team, Inc. Plan Amendment and Rezoning Justification July 12, 2022 Project Description/Request Approve a General Plan Amendment and rezoning changing the general plan designation for the 1.23 +/- acres (54,600 +/- sq. ft.) from the medium density residential land use designation to the General Commercial (CG) land use and zoning. An 11,664+/- sq. ft. medical clinic is proposed which is a by-right use per Section 15.l6703 of the City of Fresno Development Code. Other facts pertinent to this project are as follows: Owner: Valley Health Team, Inc. P.O. Box 737 21890 W. Colorado Ave. San Joaquin, CA 93660 Applicant: Valley Health Team, Inc. Pinedale Community Health Center. P.O. Box 737 21890 W. Colorado Ave. San Joaquin, CA 93660 Representative: Land Planner: Dirk Poeschel Land Development Services, Inc. 923 Van Ness Ave., Suite No. 200 Fresno, CA 93721 Project Architect: Bryan Pok Centerline Design, LLC 1508 Tollhouse Rd. Suite C Clovis, CA 93611 559-298-3060 ext.12 2 Area/APN: APN 303-161-48/49,50, 51, 52 & 53 1.23 +/- Acres Site Address: Existing General Plan Designation: Medium density residential Existing Zone District: Community or Specific Plan: Bullard Community Plan The proposed clinic is also an infill project as the surrounding neighborhood was developed many decades ago. Information from long time Pinedale residents indicate that the subject site has never been developed. In fact, the project is subject to City of Fresno intercity land use fee reductions. The project is also within an Infill Opportunity Zone of the City of Fresno General Plan adopted to promote and facilitate both large, catalytic reinvestment projects, as well as smaller-scale strategic interventions. Neighborhood Outreach Efforts: The applicant held a zoom outreach meeting with Pinedale residents many months ago using a mailing list provided by city staff. The neighborhood is very supportive of project. The applicant committed to working with the neighbors to assure combability particularly regarding parking and landscaping. Describe how the proposal is complementary to the surrounding neighborhood: To provide proximate health care to an undeserved area. Describe how the proposal helps implement the Fresno General Plan The project will provide health and specialized care services to an underserved area of the community and to the adjacent Pinedale Elementary school. 1. Background and Project Description Valley Health Team, Inc., has a long history of providing healthcare services in the Central Valley. In 1973, concerned citizens from Kerman, San Joaquin, and surrounding communities worked together to bring quality healthcare to this underserved region. Valley Health Team has grown steadily since then to meet the increasing healthcare needs in Fresno, Tulare, and Inyo Counties. In keeping with the applicant’s mission to provide accessible, 3 comprehensive, and quality health care in a culturally and linguistically appropriate manner regardless of patient's ability to pay, Valley Health Team has Board-certified physicians, certified physician assistants, dentists, dermatologists, optometrists, podiatrists, chiropractors, psychologists, licensed clinical social workers, health educators, case managers, and support staff who work with leadership to provide primary health care and specialty care services to deliver outcome-based care. Valley Health Team targets the indigent, uninsured, underserved, special needs population, migrant and seasonal agricultural workers, and all persons with limited access to health care including individuals at or below 200% of the Federal Poverty Level. Valley Health Team desires to construct a 11,664+/- sq. ft. health center on the following the subject property in Pinedale, a previously unincorporated community in Fresno County, CA. The location next to Pinedale Elementary School will allow the students and their parents to have great accessibility to excellent health care. The health center will meet OSHPD3 requirements and will accommodate exam, treatment, labs, x-ray, behavioral health, dental and other rooms and offices as detailed on the project floor plan prepared by Centerline Design, LLC. The health center will provide outpatient services in family medicine, internal medicine, pediatrics, perinatal care, gynecology, nutrition and health education, behavioral health, dentistry, diagnostic lab and x-ray, referral services for women, infants and children. Additionally, chiropractic and podiatry dispensing services will be offered. 2. Hours of Operation The proposed hours of operations are Monday through Friday, from 8:00 a.m. to 6:00 p.m. If demand exists, the proposed health center may offer expanded hours in the evenings to 8pm and on Saturdays. An Urgent Care component may also be provided 7 days a week from 8am to 9pm with a much reduced staff, if the demand for that service exists. 3. Employees The project is anticipated to employ approximately 40 staff members including providers and support staff at the site. 4. Customers The project will serve an estimated 5,000 unduplicated patients and provide 21,450 patient visits per year or 82 clients per day including telemedicine which will account for 25% (or 20+/- patients) of all client visits. Valley Health Team anticipates that 40-50% of patient visits will consist of visits from residents within the Pinedale community and students from Pinedale Elementary School. Please find the attached letter of support from Debra Bolls Principal Pinedale Elementary 4 School acknowledging the opportunity to provide her students excellent health care proximate to their homes and school. 5. Service Delivery Vehicles The are no service delivery vehicles. 6. Access to the site: The site has frontage on two roads Beechwood and Spruce Avenues. Both roads are in good condition. 7. Number of parking spaces for employees, customers, and service/delivery vehicles. Type of surfacing on parking area. Please see the attached site plan prepared by Centerline Design, LLC. 8. Estimated traffic See the project traffic study prepared by JLB Traffic Engineering. 9. Are any goods to be sold on-site? No goods will be sold on site. 10. What equipment is used? If appropriate, provide pictures or brochure. Typical office and medical equipment will be used. 11. What supplies or materials are used and how are they stored? Typical office and medical supplies will be used. 12. Does the use cause an unsightly appearance? Noise: Typical medical office noise Glare: Lighting will be hooded and directed to not annoy adjacent properties Dust: n/a Odor: n/a 13. List any solid or liquid waste to be produced. All solid waste will be disposed of per applicable health and safety codes. Sharps will also be disposed of in accordance with applicable regulations. 5 14. Describe proposed advertising including size, appearance, and placement. Signage will be per City of Fresno standards 15. Will existing buildings be used or will new buildings be constructed? Describe type of construction materials, height, color, etc. Provide floor plan and elevations, if appropriate The site is vacant. All improvements will be new. Please see the attached site plan prepared by Centerline Design, LLC. 16. Will any outdoor lighting or an outdoor sound amplification system be used? Describe and indicate when used. Outdoor lighting will be hooded and directed to not annoy nearby residents. No sound amplification will be used on site. 17. Landscaping or fencing proposed? Describe type and location. The site will be nicely landscaped per city standards. Please see the attached site plan prepared by Centerline Design, LLC. 18. Any other information that will provide a clear understanding of the project or operation. A major premise of the Valley Health Team business plan is to locate clinics with a wide range of medical, physical, psychological services in underserved areas such as Pinedale. The proposed location was selected due to its immediately proximity meaning literally across the street from the Pinedale Elementary School located at 7171 N. Sugar Pine Ave. Please see the attached aerial. This proximity will allow the Pinedale Elementary School children and their families to walk to the clinic substantially reducing vehicular trips. The proposed clinic is also proximate to the Pinedale Community Center located at 7170 N. San Pablo Ave. which located immediately west and functionally a part of the Pinedale Elementary School. The proposed Valley Health Team site proximity to these two community activity centers allows their clients to literally walk to the clinic. Valley Health Team has already established a protocol with Pinedale Elementary School to serve the students health care needs and by way of extension the family of the students. The facility is located within 1,000 feet of the City of Fresno bus rapid transit system BRT). The purpose of the BRT system is to facilitate accelerated bus transportation along major city job and housing corridors thereby reducing automobile travel. Empirical information developed by the city at the time of the BRT implementation hearings concluded that the BRT reduces vehicle miles traveled for users proximate to BRT shelters. Without the proposed Valley Health Team facility, Pinedale residents would have to travel outside of their community to obtain medical services. By locating the proposed Valley 6 Health Team facility within the community of Pinedale at the site proposed Pinedale residence medical, psychological, physical therapy and pharmaceutical needs can be addressed with much shorter trip lengths. In fact, as illustrated on the attached aerial, the unincorporated community of Pinedale is under 2 square miles and the community’s furthest point from the proposed health center location is only 3,294+/- feet or .62 of a mile. Therefore, based on the information provided above, a majority of project vehicle trip lengths will be unusually short. The project is within a highly mixed use area of substantial office, regional commercial and single and multifamily uses. Hundreds of acres of regional commercial uses including grocery, food, entertainment, fitness, general merchandising, home repair, etc. are proximate to the subject site. A variety of housing types exist in the Pinedale community including mobile home parks south of the subject site on Herndon Ave. This mix of uses substantially increases the likelihood that typical traffic counts overstate the net traffic generated by a use in a mixed use area. m:\current clients\valley health team 21-04\correspondence\justification-operational statement.docx Exhibit I CLEAN AIR/ VANPOOL CLEAN AIR/ VANPOOL CLEARAIR/ VANPOOL/ EV / / ////////RDRDRDRDOHOHOHOHOHO H O H O HOHOHOHOHOH OHOHOHW8W8W8W8W8W8W8W8W8W8W8W8W8W8W8XXXXXXXXXXXXXGGGX X X XXXXXXXXXSS10SS10SS10SS10SS10SS10SS10 SS10 SS10 SS10 SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8S S 6 S S 6 SS8SS8SS8SS8SS8SS8W W W W W W W W W W W W W W W W W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8 W8 OHOHOHOHOHOHWWW8W8W8W8W8W8W8W8W8W8W8W8W8W8W8PPSS8SS8SS8SS8GGGGGGGGGG GGGG G PPSSSSSSSSSSSSOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHGGGGGGGGGGGGGGGTTT TTTTTTTTTT626 -00 3 76 " x 32 " 626 - 003 76 "x 32 "626-00376"x32"626 - 003 76 "x 32 " 626- 0 0 376"x 3 2 " 626- 0 0 376"x 3 2 "626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32"626 -00 3 76 " x 32 "626-00376"x32"TTTTTTTTTTTTTTTTTTTTTTT TTTT626-00376"x32"FDW. FIRN. SUGAR PINE AVE.W. BEECHWOOD AVE.CLEARAIR/ VANPOOL/ EV CLEARAIR/ VANPOOL/ EV CLEARAIR/ VANPOOL/ EV ADJACENTPROPERTYN.I.C.(ZONE RS-5)ADJACENTPROPERTYN.I.C.(ZONE RS-5)PROPOSED SITE PLANA-0.1P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560 PROJECT DATAGENERAL DATA:BUILDING DATA:PROPOSED PARKING DATA:NEW PARKING PROVIDED:BUILDING SQUARE FOOTAGE TO PARKING RATIO:VICINITY MAPNSOLAR ZONE CALCULATIONKEYED NOTES W8W8W8W8W8W8W8W8W8OHOHOHOHOHOHOHOHOHPROPOSED ENLARGED SITE PLAN AND DETAILSA-0.2P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560Accessible Stall SignageScale: 1/2" = 1'-0"VANACCESSIBLEMINIMUMFINE $250PARKINGONLYAccessibility SymbolINTERNATIONAL SYMBOL OF ACCESSIBILITYScale: 3/4" = 1'-0"632UNAUTHORIZED VEHICLESPARKED IN DESIGNATEDACCESSIBLE SPACES NOTDISPLAYING DISTINGUISHINGPLACARDS OR SPECIAL LICENSEPLATES ISSUED FOR PERSONSWITH DISABILITIES WILL BETOWED AWAY AT THE OWNER'SEXPENSE. TOWED VEHICLESMAY BE RECLAIMED AT FRESNOPOLICE DEPARTMENT, 2323MARIPOSA STREET OR BYTELEPHONING 559-621-7000.Site Entrance SignageScale: 1/2" = 1'-0" KEYED NOTESConcrete at AC Paving TransitionN.T.S.Truncated DomesCHANGE IN ELEVATIONSECTION A-A TYPICALScale: 6" = 1'-0"4Bicycle RackScale: 1 1/2" = 1'-0"8Concrete Flatwork at Concrete PavingN.T.S.TransitionTroweled Joint / Expansion JointScale: 1 1/2" = 1'-0"Concrete Flatwork EdgeScale: 1" = 1'-0"791113121Scale: 1/4" = 1'-0"Enlarged Proposed Site PlanConcrete Filled BollardScale: 1" = 1'-0"5Trash Enclosure (Elevations & Section)Scale: 1/4" = 1'-0"ELEVATIONELEVATIONELEVATIONELEVATIONSECTION10Scale: 1/4" = 1'-0"City of Fresno Trash Enclosure StandardSolar Structure Section DetailScale: 3/16" = 1'-0"14TRASH ENCLOSUREScale: 3/32" = 1'-0"15NOT USEDNO T U S E DNOT USEDNO T U S E DNOT USEDNOT USED NORTH ELEVATIONHGBFEDBAEAST ELEVATION1234000SOUTH ELEVATIONABCDEHGF000WEST ELEVATION4321P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560EXTERIOR ELEVATIONSREFERENCE PLANKEYED NOTESCOLOR / MATERIAL LEGENDMATERIALFINISHCOLORA-3.0 TTT TTTTTTTTTT626-00376"x32 "626-00376"x32 "626-00376"x32"626-00376"x32 " 626- 0 0 376"x 3 2 " 626- 0 0 376"x 3 2"626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32 "626-00376"x32"ABDHG314E2FCABCDEHGF3142TTTTTTTTTTTTTTTTTTTTTTT TTTT626-00376"x32"WAITING RECEPTIONEXAM #1EXAM #2EXAM #3EXAM #4EXAM #5EXAM #6EXAM #7EXAM #8EXAM #9EXAM #10EXAM #11EXAM #12MED VITALSELECTRICALROOMPROVIDERS/NURSES HUBTREATMENT ROOMSOILED WORK ROOMPUBLICRESTROOMHEALTH ED./CPSPCLINIC MANAGERWITH CCTVBEHAVIORALHEALTHBEHAVIORALHEALTHVHT LABPATIENT RESTROOMEXTERNAL LABCASE MANAGERSTAFF RESTROOMSTAFF RESTROOM WASTE HOLDINGROOMDENTALEQUIPMENT/JANITORBREAK ROOMPATIENT RESTROOMPANO ROOMDENTALVITALSPROVIDERS OFFICESTERILE/LABOPENOPERATORYPRIVATEOPERATORYX-RAYNURSES OFFICEIT ROOMCONSULTATION ROOM/PCMH CONFERENCE ROOMHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYPUBLICRESTROOMSUB-WAITINGCHIROADMIN STORAGE SUB-WAITINGLACTATION ROOMMED. STRG. LOCKERS PRIVATEOPERATORYELIGIBILITY/INTAKECLEAN ROOMPROPOSED FLOOR PLANA-1.0NP R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560 CLEAN AIR/VANPOOLCLEAN AIR/VANPOOLCLEARAIR/VANPOOL/EV//////// RD RD RD OHOHOHOHOHOHOHOHOHOHW8W8W8W8W8W8W8W8W8W8W8X X X X X X X X X X SS10 SS10 SS10 SS10 SS10SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8WWWWWWWW8W8W8W8W8W8W8W8W8W8W8 W8 OH OH OH OH WW8 W8 W8 W8 W8 W8 W8 W8 W8 W8PP SS8 SS8 SS8 GGSSSSSSSSSST T T T T T T T T TTTTTT TG G G G G G G G G G G G CLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EVN. SUGAR PINE AVENUEW. BEECHWOOD AVENUE W. FIR AVENUE REFERENCE NOTES SCHEDULE PLANT SCHEDULE project no. scale: sheet title: sheet no. submittal:date: checked by:drawn by: project: client: No. 1 No. 2 No. 3 No. 4 22-01-010 1"=20'-0" XX/XX/XXXX XX/XX/XXXX 04/13/2022 02/25/2022 PBKJ 559.908.8297 San Joaquin, Ca. 93660 21890 Colorado Ave. Valley Health Team, Inc. Fresno, CA 93560 W. Beechwood Ave. N. Sugar Pine Ave. MEDICAL DENTAL OFFICES AT: LANDSCAPE SITE PLAN LSP-1 NORTH 0 SCALE: feet204060 1" = 20' Exhibit J City of Fresno Planning and Development Department Conditions of Approval March 1, 2023 Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 Planner: Enrique Aponte 559-621-8046 PROJECT DESCRIPTION Plan Amendment and Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505 were filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc., and pertain to six (6) parcels totaling approximately ± 1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Plan Amendment Application No. P20-04209 proposes to amend the Fresno General Plan, Pinedale Neighborhood Plan, and Fresno County Airport Land Use Compatibility Plan to change the planned land use designations for the subject property from Residential – Medium Density (±1.23 acres) to Commercial – General (±1.23 acres). The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to Commercial – General (±1.23 acres) zone district in accordance with the Plan Amendment Application. Development Permit Application No. P22-00505 requests to construct an 11,664-square-foot, single- story medical clinic. The project proposes on and off-site improvements including but not limited to: two (2) points of ingress and egress; curbs, gutters, and sidewalks; landscaping; and guest and employee parking. The project will also require the construction of public facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. Under the current planned land use and zone district of Residential – Medium Density, the proposed use as a medical office would be prohibited. Under the proposed Commercial - General planned land use and zone district, the proposed use would be permitted by right. APN(s): 303-161-48, 303-161-49, 303-161-50, 303-161-51, 303-161-52, and 303-161-53 ADDRESS: 49 West Fir Avenue EXHIBITS: A 1-2, E, F, L, and O 1-6 EXISTING/PREVIOUS ZONING: RS-5 (Residential Single Family, Medium Density) PROPOSED/APPROVED (BY CITY COUNCIL) ZONING: CG (Commercial - General) PART A - ITEMS TO BE COMPLETED The following items are required prior to issuance of building permits and/or commencement of land activity: Planner to check when completed  Development shall take place in accordance with Exhibits A 1-2, E, F, L, and O 1-6 dated March 1, 2023. Revise and transfer all comments or corrections to plan exhibits and upload to the related compliance record prior to issuance of building permits (see directions below).  Any proposed fences, walls, and hedges shall demonstrate compliance with the standards of Section 15-2006 of the FMC. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 2 of 17  The General standards of outdoor lighting and illumination shall be met. Please revise plans to comply with Section 15-2015-B of the FMC. • All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot-candle of light. • 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 at most 25 feet when within 100 feet of any street frontage and 30 feet in any other location.  All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot- candle of light. Add note to site plan and elevations.  All parking lots and garages shall be illuminated with a minimum of 0.5 foot-candle of light. Add not to site plan.  Solid waste and recycling storage areas shall not be located within any required setback or any landscaped areas. Enclosures shall be located as far as possible from the nearby residential district as feasible and be proximate to the non-residential development. Revise site plan to comply with these requirements.  Where potential vehicular and pedestrian conflict areas exist, provide visibility triangles per Section 15-2018 of the FMC. Revise Site Plan.  All required setbacks, except for areas used for exit and entry, shall be landscaped.  Pursuant to FMC Table 15-2305-C-1, a Type 2 Landscape Buffer shall be provided along the rear property line where the subject property abuts a residential district. Revise site plan and landscape plans.  The required Type 2 Landscape Buffer shall be planted and maintained in accordance with Table 15-2305-C-2 of the FMC. Revise landscape plans.  Provide a minimum of one tree for every 10,000 square feet of lot coverage. • Trees which are provided to meet the minimum requirements for parking (or even street trees) shall count toward the satisfaction of this requirement).  Parking areas shall be landscaped in compliance with Article 24, Section 15-2421. Parking and Loading. This requirement has not been met; please revise site/landscape plans to comply.  Project shall comply with the noise standards contained in Table 15-2506-B & 15-2506-C of the FMC. Landscaping and irrigation shall be installed and maintained in accordance with provisions and standards of Article 23 of the Citywide Development Code.  Landscaping must be in place before issuance prior to occupancy and/or final inspection. A Hold on Occupancy/Final Inspection shall be placed on the proposed improvements until such time that landscaping has been approved and verified for proper installation by the Planning Division. (Include this note on the site and landscape plans.)  Prior to granting of occupancy/final inspection, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division. (Include this note on the site and landscape plans)  All exterior mechanical and electrical equipment shall be screened or incorporated into the Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 3 of 17 design of buildings so as not to be visible from major streets, highways, passenger railways, or abutting Residential Districts. Please revise the site plan and/or elevations to demonstrate compliance with this requirement.  Pursuant to Section 15-2508 of the FMC, lights shall be placed to deflect light away from adjacent properties and public streets and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public streetlights 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 foot-candle.  The developer shall be required to mitigate the impacts of the increased runoff from the proposed commercial land use to a rate that would be expected if developed to medium density residential. 1. The developer may either make improvements to the existing pipeline system to provide additional capacity or; 2. May use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the developer choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten year storm produced by a commercial development, to a two-year discharge, which would be produced by the property if developed medium density residential. The developer will be required to submit improvement plans to the District for review and approval showing the proposed method of mitigation prior to implementation. Implementation of the mitigation measures may be deferred until the time of development.  Buildings shall not be constructed over property lines. A Voluntary Parcel Merger shall be applied for prior to issuance of building permit and recorded prior to occupancy. Should revisions to the site plan result in buildings not being constructed over existing property lines, then a cross access/mutual easements covenant required. Provide a title report dated within 30 days of submittal for all properties involved. The covenant shall be applied for prior to issuance of building permit and recorded prior to occupancy. PART B - OTHER AGENCY COMMENTS AND CONDITIONS To be checked when completed where applicable  1. Fire Department All back checks are performed electronically through the Accela Program (FAASTER portal). You must submit the following documentation to the Building Department: 1) Provide copy of the original submittals (drawings, calculations, and supporting documents) including mark-ups from the plan reviewers who worked on your documents. 2) Provide a complete set of revised drawings, calculations, and supporting documents addressing plan check comments (all changes shall be clouded). 3) Provide a detailed typed 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/ Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 4 of 17 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. 1. Clarify on plan that the turn radius indicated meets the minimum 44 foot centerline requirement for fire apparatus and that the site lighting indicated on all fire lane points will not interfere with the vertical clearance of any fire apparatus. 2. All surface access roads shall be installed and maintained in a serviceable condition prior to and during all phases of construction. (FFD Development Policy 403.002) 3. Show the location of 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) 4. Fire department connections shall be located within forty (40) feet of a fire apparatus access lane. (FFD Development Policy 405.025) 5. 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) 6. 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. 7. Address Identification. For new and existing buildings, the fire code official is authorized to require approved address or building area identification signage as needed to readily determine the building or area of a building protected by fire department connections. FMC Section 10-50912.2.3 8. Per DRC review: note and show on plan existing parcel lines to be removed with a parcel merger. **Provide documentation of parcel merger** 9. Per DRC review: note and show items noted at pre-application meeting: Be advised that this project will be served by the Pinedale County Water District (PCWD) for domestic and fire protection water services. The existing water main shown in an easement through the proposed parking lot indicated as 8 inch may actually be 6 inch per a somewhat dated PCWD water system map in FF records. **Confirm actual size with PCWD and correct as necessary.** **Also be advised, that the PCWD now requires an aboveground double detector check assembly (DDCA) for fire services which may be problematic on placing south of the proposed riser closet in the hardscape area.** A location for the service in the landscape area next to the ambulance parking stall would be a better option. The DDCA incorporated two indicated fire sprinkler control valves and the FDC can be located on the back side of this device with no control valve on the riser in the proposed exterior closet. Applicant is advised to consult with the site utility contractor and fire sprinkler contractor on the details of the fire sprinkler service installation.  2. Department Of Public Utilities (Water, Sewer, Solid Waste) See attached DPU comments and conditions memo dated November 3, 2022. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 5 of 17  3. Department Of Public Works: Traffic Planning See attached DPW comments and conditions memo and redlined plan exhibit CP1 dated October 13, 2022. For questions, please contact Andreina Aguilar at andreina.aguilar@fresno.gov or at 559- 621-8674..  4. Flood Control See attached FMFCD Notice of Requirements (NOR) comment memo dated October 4, 2022. NOR Review fees & Grading Plan Review fees are due.  5. Fresno County Environmental Health Recommended Conditions of Approval: • The applicant will be required to obtain a Medical Waste Permit from the California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information. • Prior to occupancy, the applicant must register any radiation diagnostic equipment with the California Department of Public Health, Radiologic Health Branch. Contact the registration staff at (916) 327-5106 for more information or visit the webpage at: https://www.cdph.ca.gov/Programs/CEH/DRSEM/Pages/RHB-X-ray/Registration.aspx. • The proposed construction project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Fresno 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) be 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. • As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor. The following comments pertain to the demolition of the existing structures: • Should the structures have an active rodent or insect infestation, the infestation should be abated prior to remodel of the structures in order to prevent the spread of vectors to adjacent properties. • In the process of demolishing the existing structures, the contractor may encounter asbestos containing construction materials and materials coated with lead-based paints. • If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information. • If the structures were constructed prior to 1979 or if lead-based paint is suspected to have been Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 6 of 17 used in the structures, then prior to remodel work the contractor should contact the following agencies for current regulations and requirements: ? California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (560) 620-5600. ? United States Environmental Protection Agency, Region 9, at (415) 947-8000. ? State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302.  6. Building and Safety Services The following items require a separate process with additional fees and timelines, in addition to the Development Permit Application process. Building, Grading and Utility plans are required to be submitted to Building and Safety Services Division for approval and permits for the proposed project. • Verify permanent drainage facilities are provided by Fresno Metropolitan Flood Control District (FMFCD). Contact Jason Clark at (559) 456-3292 for additional information. • Plans must be signed by a licensed Architect/Engineer prior to submittal for permits. • Provide a complete building code analysis for the proposed building. • Drop of zone a main entry shall comply with all requirements of CBC 11B-503. • Circulation paths shall comply with all requirements of CBC 11B-250. 1. Demolition permit is required for all structures being removed from the existing site. 2. Building, Grading and Utility plans are required to be submitted to Building and Safety Services Division for approval and permits for the proposed project. • Verify permanent drainage facilities are provided by Fresno Metropolitan Flood Control District (FMFCD). Contact Jason Clark at (559) 456-3292 for additional information. • Parcel merger/Lot line adjustment is required for the proposed project. These conditions are preliminary comments based on the drawings provided. A complete and detailed review will be provided once the full set of construction drawings are submitted to the Building and Safety Services Division for permit review.  7. Airports Airspace Protection > Airspace review required for any objects (temporary or permanent) over 100 feet tall.  8. Fresno Irrigation District Please see FID's comments uploaded to Accela dated October 5, 2022.  9. Land Division Impact Fees See development and impact fee estimate memo City of Fresno Development Impact Fee Estimate - Reference document: P22-00505 - Medical Clinic - 49 W Fir Ave.pdf dated September 20, 2022.  10. Long Range Planning This project (P22-00505 and P22-00507) is located across six parcels, five of which are part of the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates a combined minimum capacity of 5 above moderate units for this site. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,499 for a total existing capacity of 15,615 units. This project proposes 0 units of housing, therefore will lower the surplus capacity to 5,494 units. As the remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City’s Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 7 of 17 share of the regional housing need pursuant to Section 65584, this project is consistent with the Housing Element.  11. San Joaquin Valley Air Pollution Control District Please see previous comment letter dated September 30, 2022.  12. Historic Preservation Per HPC meeting on 11/28/22, Permits P22-00505 & P22-00507 were approved. Thank you. Myrna Rivas, Administrative Clerk Historic Preservation Historic.preservation@fresno.gov 559-621-8071  13. Council District Committee The Council District 2 Project Review Committee recommended approval of this project on October 10, 2022. The motion carried three to zero. The committee expressed support for the project and the services it provides. Recommended it be approved promptly and open as soon as possible to provide necessary services. Please see uploaded draft minutes for additional information.  14. PG&E: See PG&E Impact Letter uploaded to project documents dated October 11, 2022. PART C - PLANNING DEVELOPMENT CODE STANDARDS 1. Density and Intensity Standards Standard Requirement Proposal Complies? Maximum Floor Area Ratio 2.0 0.21 Yes 2. Building Form and Location Standards – CG zone district Standard Requirement Proposal Complies? Maximum Height (ft.) 35’ 28’ Yes Minimum Setback (Major Street) Side Rear Parking, from back of sidewalk or curb - - - - N. Sugar Pine: ±16 10’ 10’ 15’ Yes Yes No. Solid Waste & Recycling Storage shall not be located within required landscape buffer area. Relocate. Yes Should corrections or revisions result in changes to the site plan, the revised exhibits shall demonstrate compliance w/ the development code standards of FMC Table 15-1202. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 8 of 17 3. Site Design Development Standards Development shall comply with applicable Site Design Development Standards in accordance with FMC Section 15-1204 including but not limited to Residential Transition Standards, Required Landscape Buffers, Screening, and Exceptions to Maximum Height in the CG District. 4.Façade Design Development Standards Development and design of building elevations shall comply with the Façade Design Development in accordance with Section 15-1205 of the FMC as applicable. 5.Parking and Loading •1 parking space per 275 sq. ft. of floor area. •Long-term bicycle parking requirement for manufacturing and production is per the California Green Building Standards Code which requires the provision of secure bicycle parking for 5% of the off- street parking provided. 6. Landscaping a.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. (Include this note on the site and landscape plans.) b.New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Green Building Standards Code and/or the California Model Water Efficient Landscape Ordinance and/or the California Plumbing Code as may be amended. c.Additional landscaping requirements including landscape plan requirements, landscape design standards, and general landscaping standards can be found in Chapter 15, Article 23 of the Fresno Municipal Code. 7. Fencing a.Front Yard. i.Wrought Iron or Tubular Steel. A fence up to four feet in height may be installed within any required front yard setback. Fences must be open a minimum of 80 percent (e.g., no more than 20 percent opaque) to allow for the passage of light and air. ii.All Other Materials. All other fences within any required front yard setback are permitted up to three feet in height and shall comply with the main building setback, minus five feet. b.Street-Side Yard. i.Wrought Iron or Tubular Steel. A fence up to four feet in height may be installed within any required front yard setback. Fences must be open a minimum of 80 percent (e.g., no more than 20 percent opaque) to allow for the passage of light and air. ii.All Other Materials. All other fences within any required street side yard setback are permitted up to three feet in height and shall comply with the main building setback, minus five feet. c.Other Yards. Outside of the required front yard and street-side yards, the maximum height for fences is seven feet (regardless of location on the site) unless the fence is part of Outdoor Storage per Section 15-2013, Outdoor Service Yards and Storage. d.Setbacks. Unless a greater setback is required in another section of this Code, fences shall be set back 12 inches from the back of adjacent sidewalks, or from the curb or shoulder if there is no sidewalk. Fences may be placed on interior side and rear property lines. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 9 of 17 e. Decorative Features. i. Fences, greater than 125 feet in length in Residential Districts and/or along Major Streets, shall incorporate decorative pilasters with decorative caps spaced no more than 30 feet apart. This shall not apply to industrial districts, unless the industrial district is located on the same side of the street as existing, planned, or zoned residences. ii. A wrought iron decorative entry gate, located outside of required street yard setbacks may be allowed up to seven feet in height in Residential Districts and eight feet in Non-Residential Districts with Director approval. 8. Screening Between Differing Land Use i. Common Property Lines. A six-foot-high screen wall shall be provided on the interior lot lines where any non-residential use abuts a residential district and where multi-family development of four or more units abuts a single-family residential district. Walls shall step down to three feet in height along interior property lines within front yards. ii. Screening Wall Standards. 1. Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened. 2. Materials. Walls shall be of stucco, decorative block, decorative concrete panel, or other substantially equivalent material as approved by the Director. Chain-link or double-faced wood fencing does not fulfill the screening wall requirement. 3. Berms. Topography, berming, and other alternative methods of mitigating the nuisance of noise and light might be considered at time of project review. An earth berm may be used in combination with the above types of screening walls, but not more than one-third of the required height of such screening may be provided by the berm. 4. Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. 5. Graffiti. Graffiti on a screen wall shall be removed within 48 hours. 6. Timing. If a non-residential use develops adjacent to an existing residential development the wall shall be constructed with the new development. Where a six-foot-high wood fence already exists, the masonry wall footing, when constructed, shall comply with City standards. 7. Pedestrian Access. Pedestrian access, or breaks in screening walls, shall be provided from commercial to residential land uses in strategic locations to allow for connectivity. Locations shall be determined and negotiated at the time of approval, unless otherwise stated in this Code. 9. Outdoor Storage. The open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than 72 hours is not permitted in the front or street-facing side yard. 10. Special Use Requirements This section is not applicable. Operational Requirements PART D - PLANNING - OTHER REQUIREMENTS Planning/Zoning/Environmental Compliance Requirements 1. Development shall take place in accordance with the policies of the Bullard Community Plan, Pinedale Neighborhood Plan, Fresno General Plan and with the Commercial – General planned land use designation.. 2. Development shall take place in accordance with the CG (Commercial - General) zone districts, 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 March 1, 2023. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 10 of 17 4. Comply with all applicable mitigation measures detailed in the attached Program Environmental Impact Report (PEIR) Mitigation Monitoring Checklist for the Fresno General Plan and any applicable project specific mitigation measures contained in the environmental assessment adopted for the project. 5. Development shall comply with the City of Fresno Parking Manual, California Building Code, and American Disabilities Act requirements. 6. Property development standards and operational conditions are contained in Articles 12 (Commercial 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. 7. Development shall take place in accordance with the attached “General Notes and Requirements for Entitlement Applications” if applicable. PART E - MISCELLANEOUS AND GENERAL NOTES AND REQUIREMENTS Not all notes and requirements listed below are applicable to all projects. 1. Approval of this special 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: 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; Click Here Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 11 of 17 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 this 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 this 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. 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. 15. 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. 16. 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. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 12 of 17 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). 17. Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off-street parking is provided. 18. The number of trees required for parking lot shading are in addition to trees required elsewhere on the site as prescribed in other sections of this Code 19. 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. 20. A minimum number of accessible parking stalls are required for the proposed project per State of California Building Code, “Development Requirements for Handicapped Accessibility.” 21. 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 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.) 22. 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.) 23. All general standards of Section 15-2015 of the FMC shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan. 24. Bicycle parking spaces shall be supplied according to Table 15-2429-D: Required On-Site Bicycle Parking Spaces of the Fresno Municipal Code (FMC). 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 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. 25. All general provisions of Section 15-2403 of the FMC shall apply to all parking areas. SIGNAGE 26. 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. 27. 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.) 28. All proposed signs shall conform to the current sign ordinance. Applications for a sign permit and requirements for submittal are available at the Planning and Development Department's Public Front Counter or online at: Click Here 29. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards: Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 13 of 17 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. 30. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non- Residential Districts. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 must lapse before displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year. 31. 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 32. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the FMC at anytime, measured at the nearest subject property line. 33. 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. 34. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public street lights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one- half foot-candle. 35. 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. 36. 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’. 37. 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, FMC Chapter 6, Article 7 (FMC 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: Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 14 of 17 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). 38. Screen all roof-mounted equipment from the view of public rights-of-way. Depict all mechanical equipment on site plan and elevations. 39. 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.) 40. 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.) 41. 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 paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.) 42. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply. 43. 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 44. 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) 621-8277. 45. Open street cuts are not permitted; all utility connections must be bored. 46. 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. 47. 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 Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 15 of 17 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. 48. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers except as may be permitted by Table 15-2013-B. 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. 49. 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) 50. 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. 51. CITYWIDE DEVELOPMENT IMPACT FEES a) Traffic Signal Charge (FMC 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 edition of the ITE Generation Manual. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit. b) Fire Facilities Fee (FMC Section 12-4.901 to 12-4.906) (based on building square footage, or residential units) c) Police Facilities Fee (FMC Section 12-4.801 to 12-4.806) (based on building square footage, or residential units) d) Parks Facilities Fee (FMC Section 12-4.701 to 12-4.706) (based on the number of residential units) 52. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (FMC 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. c) New construction on vacant parcels shall be calculated on a net acreage (adjusted acre basis) of the entire property subject to the development entitlement based upon planned land use. Notwithstanding, fees shall be based upon actual land use for developments in the IH zone district and for development projects developed inconsistent with the plan land use. d) New construction on property that is partially developed, Street Impact Fees will be applied to the incremental increase proportionate to the respective floor to area ratios (25% for commercial and 40% for industrial). In no case shall anyone pay more than the amount of the total net acreage of Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 16 of 17 the parcel multiplied by the applicable fee rate. e) Reuse being more intensive that the original use, the developer shall be required to pay the difference between the current amount of the Street Impact Fee obligation for the old use and the current amount of the Street impact Fee obligation for the new use. 53. 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. 54. 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. 55. SCHOOL FEES School fees must be paid, if required, prior to the issuance of building permits. Contact Central Unified School District. Provide proof of payment (or no fee required) prior to the issuance of building permits. 56. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES 57. SEWER CONNECTION CHARGES (FMC 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’) 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 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. 58. WATER CONNECTION CHARGES: (FMC 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) Transmission Grid Main Charge (based on acreage) c) Transmission Grid Main Bond Debt Services Charge (based on acreage) d) UGM Water Supply Fee (based on living units, living unit equivalents or acreage) e) Wellhead Treatment Fee (based on living units or living unit equivalents) f) Recharge Fee (based on living units or living unit equivalents) g)1994 Bond Debt Service Charge (based on living units or living unit equivalents) h) Service Charges (based on service size required by applicant) i) Meter Charges (based on service need) 59. 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. 1 Valley Health Team, Inc. Plan Amendment and Rezoning Justification July 12, 2022 Project Description/Request Approve a General Plan Amendment and rezoning changing the general plan designation for the 1.23 +/- acres (54,600 +/- sq. ft.) from the medium density residential land use designation to the General Commercial (CG) land use and zoning. An 11,664+/- sq. ft. medical clinic is proposed which is a by-right use per Section 15.l6703 of the City of Fresno Development Code. Other facts pertinent to this project are as follows: Owner: Valley Health Team, Inc. P.O. Box 737 21890 W. Colorado Ave. San Joaquin, CA 93660 Applicant: Valley Health Team, Inc. Pinedale Community Health Center. P.O. Box 737 21890 W. Colorado Ave. San Joaquin, CA 93660 Representative: Land Planner: Dirk Poeschel Land Development Services, Inc. 923 Van Ness Ave., Suite No. 200 Fresno, CA 93721 Project Architect: Bryan Pok Centerline Design, LLC 1508 Tollhouse Rd. Suite C Clovis, CA 93611 559-298-3060 ext.12 2 Area/APN: APN 303-161-48/49,50, 51, 52 & 53 1.23 +/- Acres Site Address: Existing General Plan Designation: Medium density residential Existing Zone District: Community or Specific Plan: Bullard Community Plan The proposed clinic is also an infill project as the surrounding neighborhood was developed many decades ago. Information from long time Pinedale residents indicate that the subject site has never been developed. In fact, the project is subject to City of Fresno intercity land use fee reductions. The project is also within an Infill Opportunity Zone of the City of Fresno General Plan adopted to promote and facilitate both large, catalytic reinvestment projects, as well as smaller-scale strategic interventions. Neighborhood Outreach Efforts: The applicant held a zoom outreach meeting with Pinedale residents many months ago using a mailing list provided by city staff. The neighborhood is very supportive of project. The applicant committed to working with the neighbors to assure combability particularly regarding parking and landscaping. Describe how the proposal is complementary to the surrounding neighborhood: To provide proximate health care to an undeserved area. Describe how the proposal helps implement the Fresno General Plan The project will provide health and specialized care services to an underserved area of the community and to the adjacent Pinedale Elementary school. 1. Background and Project Description Valley Health Team, Inc., has a long history of providing healthcare services in the Central Valley. In 1973, concerned citizens from Kerman, San Joaquin, and surrounding communities worked together to bring quality healthcare to this underserved region. Valley Health Team has grown steadily since then to meet the increasing healthcare needs in Fresno, Tulare, and Inyo Counties. In keeping with the applicant’s mission to provide accessible, 3 comprehensive, and quality health care in a culturally and linguistically appropriate manner regardless of patient's ability to pay, Valley Health Team has Board-certified physicians, certified physician assistants, dentists, dermatologists, optometrists, podiatrists, chiropractors, psychologists, licensed clinical social workers, health educators, case managers, and support staff who work with leadership to provide primary health care and specialty care services to deliver outcome-based care. Valley Health Team targets the indigent, uninsured, underserved, special needs population, migrant and seasonal agricultural workers, and all persons with limited access to health care including individuals at or below 200% of the Federal Poverty Level. Valley Health Team desires to construct a 11,664+/- sq. ft. health center on the following the subject property in Pinedale, a previously unincorporated community in Fresno County, CA. The location next to Pinedale Elementary School will allow the students and their parents to have great accessibility to excellent health care. The health center will meet OSHPD3 requirements and will accommodate exam, treatment, labs, x-ray, behavioral health, dental and other rooms and offices as detailed on the project floor plan prepared by Centerline Design, LLC. The health center will provide outpatient services in family medicine, internal medicine, pediatrics, perinatal care, gynecology, nutrition and health education, behavioral health, dentistry, diagnostic lab and x-ray, referral services for women, infants and children. Additionally, chiropractic and podiatry dispensing services will be offered. 2. Hours of Operation The proposed hours of operations are Monday through Friday, from 8:00 a.m. to 6:00 p.m. If demand exists, the proposed health center may offer expanded hours in the evenings to 8pm and on Saturdays. An Urgent Care component may also be provided 7 days a week from 8am to 9pm with a much reduced staff, if the demand for that service exists. 3. Employees The project is anticipated to employ approximately 40 staff members including providers and support staff at the site. 4. Customers The project will serve an estimated 5,000 unduplicated patients and provide 21,450 patient visits per year or 82 clients per day including telemedicine which will account for 25% (or 20+/- patients) of all client visits. Valley Health Team anticipates that 40-50% of patient visits will consist of visits from residents within the Pinedale community and students from Pinedale Elementary School. Please find the attached letter of support from Debra Bolls Principal Pinedale Elementary 4 School acknowledging the opportunity to provide her students excellent health care proximate to their homes and school. 5. Service Delivery Vehicles The are no service delivery vehicles. 6. Access to the site: The site has frontage on two roads Beechwood and Spruce Avenues. Both roads are in good condition. 7. Number of parking spaces for employees, customers, and service/delivery vehicles. Type of surfacing on parking area. Please see the attached site plan prepared by Centerline Design, LLC. 8. Estimated traffic See the project traffic study prepared by JLB Traffic Engineering. 9. Are any goods to be sold on-site? No goods will be sold on site. 10. What equipment is used? If appropriate, provide pictures or brochure. Typical office and medical equipment will be used. 11. What supplies or materials are used and how are they stored? Typical office and medical supplies will be used. 12. Does the use cause an unsightly appearance? Noise: Typical medical office noise Glare: Lighting will be hooded and directed to not annoy adjacent properties Dust: n/a Odor: n/a 13. List any solid or liquid waste to be produced. All solid waste will be disposed of per applicable health and safety codes. Sharps will also be disposed of in accordance with applicable regulations. 5 14. Describe proposed advertising including size, appearance, and placement. Signage will be per City of Fresno standards 15. Will existing buildings be used or will new buildings be constructed? Describe type of construction materials, height, color, etc. Provide floor plan and elevations, if appropriate The site is vacant. All improvements will be new. Please see the attached site plan prepared by Centerline Design, LLC. 16. Will any outdoor lighting or an outdoor sound amplification system be used? Describe and indicate when used. Outdoor lighting will be hooded and directed to not annoy nearby residents. No sound amplification will be used on site. 17. Landscaping or fencing proposed? Describe type and location. The site will be nicely landscaped per city standards. Please see the attached site plan prepared by Centerline Design, LLC. 18. Any other information that will provide a clear understanding of the project or operation. A major premise of the Valley Health Team business plan is to locate clinics with a wide range of medical, physical, psychological services in underserved areas such as Pinedale. The proposed location was selected due to its immediately proximity meaning literally across the street from the Pinedale Elementary School located at 7171 N. Sugar Pine Ave. Please see the attached aerial. This proximity will allow the Pinedale Elementary School children and their families to walk to the clinic substantially reducing vehicular trips. The proposed clinic is also proximate to the Pinedale Community Center located at 7170 N. San Pablo Ave. which located immediately west and functionally a part of the Pinedale Elementary School. The proposed Valley Health Team site proximity to these two community activity centers allows their clients to literally walk to the clinic. Valley Health Team has already established a protocol with Pinedale Elementary School to serve the students health care needs and by way of extension the family of the students. The facility is located within 1,000 feet of the City of Fresno bus rapid transit system BRT). The purpose of the BRT system is to facilitate accelerated bus transportation along major city job and housing corridors thereby reducing automobile travel. Empirical information developed by the city at the time of the BRT implementation hearings concluded that the BRT reduces vehicle miles traveled for users proximate to BRT shelters. Without the proposed Valley Health Team facility, Pinedale residents would have to travel outside of their community to obtain medical services. By locating the proposed Valley 6 Health Team facility within the community of Pinedale at the site proposed Pinedale residence medical, psychological, physical therapy and pharmaceutical needs can be addressed with much shorter trip lengths. In fact, as illustrated on the attached aerial, the unincorporated community of Pinedale is under 2 square miles and the community’s furthest point from the proposed health center location is only 3,294+/- feet or .62 of a mile. Therefore, based on the information provided above, a majority of project vehicle trip lengths will be unusually short. The project is within a highly mixed use area of substantial office, regional commercial and single and multifamily uses. Hundreds of acres of regional commercial uses including grocery, food, entertainment, fitness, general merchandising, home repair, etc. are proximate to the subject site. A variety of housing types exist in the Pinedale community including mobile home parks south of the subject site on Herndon Ave. This mix of uses substantially increases the likelihood that typical traffic counts overstate the net traffic generated by a use in a mixed use area. m:\current clients\valley health team 21-04\correspondence\justification-operational statement.docx CLEAN AIR/VANPOOL CLEAN AIR/VANPOOLCLEARAIR/VANPOOL/EV / / ////////RDRDRDRDOHOHOHOHOHO H O H O HOHOHOHOHOH OHOHOHW8W8W8W8W8W8W8W8W8W8W8W8W8W8W8XXXXXXXXXXXXXGGGX X X XXXXXXXXXSS10SS10SS10SS10SS10SS10SS10 SS10 SS10 SS10 SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8S S 6 S S 6 SS8SS8SS8SS8SS8SS8W WWWWWWW W W W W W W W W W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8 W8 OHOHOHOHOHOHWWW8W8W8W8W8W8W8W8W8W8W8W8W8W8W8PPSS8SS8SS8SS8GGGGGGGGGG GGGG G PPSSSSSSSSSSSSOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHGGGGGGGGGGGGGGGTTTTT TTTTTTTT626 -00 3 76 " x 32 " 626 - 003 76 "x 32 "626-00376"x32"626 - 003 76 "x 32 " 626- 0 0 376"x 3 2 " 626- 0 0 376"x 3 2 "626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32"626 -00 3 76 " x 32 "626-00376"x32"TTTTTTTTTTTTTTTTTTTTTTTTTTT 626-00376"x32"FDW. FIRN. SUGAR PINE AVE.W. BEECHWOOD AVE.CLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EV CLEARAIR/VANPOOL/EV ADJACENTPROPERTYN.I.C.(ZONE RS-5)ADJACENTPROPERTYN.I.C.(ZONE RS-5)PROPOSED SITE PLANA-0.1P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560 PROJECT DATAGENERAL DATA:BUILDING DATA:PROPOSED PARKING DATA:NEW PARKING PROVIDED:BUILDING SQUARE FOOTAGE TO PARKING RATIO:VICINITY MAPNSOLAR ZONE CALCULATIONKEYED NOTES W8W8W8W8W8W8W8W8W8OHOHOHOHOHOHOHOHOHPROPOSED ENLARGED SITE PLAN AND DETAILSA-0.2P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560Accessible Stall SignageScale: 1/2" = 1'-0"VANACCESSIBLEMINIMUMFINE $250PARKINGONLYAccessibility SymbolINTERNATIONAL SYMBOL OF ACCESSIBILITYScale: 3/4" = 1'-0"632UNAUTHORIZED VEHICLESPARKED IN DESIGNATEDACCESSIBLE SPACES NOTDISPLAYING DISTINGUISHINGPLACARDS OR SPECIAL LICENSEPLATES ISSUED FOR PERSONSWITH DISABILITIES WILL BETOWED AWAY AT THE OWNER'SEXPENSE. TOWED VEHICLESMAY BE RECLAIMED AT FRESNOPOLICE DEPARTMENT, 2323MARIPOSA STREET OR BYTELEPHONING 559-621-7000.Site Entrance SignageScale: 1/2" = 1'-0" KEYED NOTESConcrete at AC Paving TransitionN.T.S.Truncated DomesCHANGE IN ELEVATIONSECTION A-A TYPICALScale: 6" = 1'-0"4Bicycle RackScale: 1 1/2" = 1'-0"8Concrete Flatwork at Concrete PavingN.T.S.TransitionTroweled Joint / Expansion JointScale: 1 1/2" = 1'-0"Concrete Flatwork EdgeScale: 1" = 1'-0"791113121Scale: 1/4" = 1'-0"Enlarged Proposed Site PlanConcrete Filled BollardScale: 1" = 1'-0"5Trash Enclosure (Elevations & Section)Scale: 1/4" = 1'-0"ELEVATIONELEVATIONELEVATIONELEVATIONSECTION10Scale: 1/4" = 1'-0"City of Fresno Trash Enclosure StandardSolar Structure Section DetailScale: 3/16" = 1'-0"14TRASH ENCLOSUREScale: 3/32" = 1'-0"15NOT USEDNO T U S E DNOT USEDNO T U S E DNOT USEDNOT USED NORTH ELEVATIONHGBFEDBAEAST ELEVATION1234000SOUTH ELEVATIONABCDEHGF000WEST ELEVATION4321P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560EXTERIOR ELEVATIONSREFERENCE PLANKEYED NOTESCOLOR / MATERIAL LEGENDMATERIALFINISHCOLORA-3.0 TTT TTTTTTTTTT626-00376"x32 "626-00376"x32 "626-00376"x32"626-00376"x32 " 626- 0 0 376"x 3 2 " 626- 0 0 376"x 3 2"626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32 "626-00376"x32"ABDHG314E2FCABCDEHGF3142TTTTTTTTTTTTTTTTTTTTTTT TTTT626-00376"x32"WAITING RECEPTIONEXAM #1EXAM #2EXAM #3EXAM #4EXAM #5EXAM #6EXAM #7EXAM #8EXAM #9EXAM #10EXAM #11EXAM #12MED VITALSELECTRICALROOMPROVIDERS/NURSES HUBTREATMENT ROOMSOILED WORK ROOMPUBLICRESTROOMHEALTH ED./CPSPCLINIC MANAGERWITH CCTVBEHAVIORALHEALTHBEHAVIORALHEALTHVHT LABPATIENT RESTROOMEXTERNAL LABCASE MANAGERSTAFF RESTROOMSTAFF RESTROOM WASTE HOLDINGROOMDENTALEQUIPMENT/JANITORBREAK ROOMPATIENT RESTROOMPANO ROOMDENTALVITALSPROVIDERS OFFICESTERILE/LABOPENOPERATORYPRIVATEOPERATORYX-RAYNURSES OFFICEIT ROOMCONSULTATION ROOM/PCMH CONFERENCE ROOMHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYPUBLICRESTROOMSUB-WAITINGCHIROADMIN STORAGE SUB-WAITINGLACTATION ROOMMED. STRG. LOCKERS PRIVATEOPERATORYELIGIBILITY/INTAKECLEAN ROOMPROPOSED FLOOR PLANA-1.0NP R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560 CLEAN AIR/VANPOOLCLEAN AIR/VANPOOLCLEARAIR/VANPOOL/EV//////// RD RD RD OHOHOHOHOHOHOHOHOHOHW8W8W8W8W8W8W8W8W8W8W8X X X X X X X X X X SS10 SS10 SS10 SS10 SS10SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8WWWWWWWW8W8W8W8W8W8W8W8W8W8W8 W8 OH OH OH OH WW8 W8 W8 W8 W8 W8 W8 W8 W8 W8PP SS8 SS8 SS8 GGSSSSSSSSSST T T T T T T T T TTTTTT TG G G G G G G G G G G G CLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EVN. SUGAR PINE AVENUEW. BEECHWOOD AVENUE W. FIR AVENUE REFERENCE NOTES SCHEDULE PLANT SCHEDULE project no. scale: sheet title: sheet no. submittal:date: checked by:drawn by: project: client: No. 1 No. 2 No. 3 No. 4 22-01-010 1"=20'-0" XX/XX/XXXX XX/XX/XXXX 04/13/2022 02/25/2022 PBKJ 559.908.8297 San Joaquin, Ca. 93660 21890 Colorado Ave. Valley Health Team, Inc. Fresno, CA 93560 W. Beechwood Ave. N. Sugar Pine Ave. MEDICAL DENTAL OFFICES AT: LANDSCAPE SITE PLAN LSP-1 NORTH 0 SCALE: feet204060 1" = 20' Page 1 of 6 10/13/2022 P22-00505 FIR 49 W.doc SUBJECT: Conditions of Approval for P22-00505 DATE: October 13, 2022 TO: Enrique Aponte, Planner II Planning and Development Department FROM: Andreina Aguilar, Engineer II Public Works Department, Traffic Planning Section ADDRESS: 49 West Fir Avenue APN: 303-161-48, -49, -50, -51, -52, -53 ATTENTION: The items below require a separate process with additional fees and timelines, in addition to the development permit process. Submit the following items early to avoid delaying approval of building permits. Final approval of the site plan is contingent on receipt of all items checked below. To be completed: Point of Contact Department and Contact Information Cross Access Agreement Contact your planner regarding Cross Access Agreement requirements. (or process a Voluntary Parcel Merger) Enrique Aponte Planning and Development Department (559) 621-8046 Enrique.Aponte@fresno.gov Deeds (up to 2-month processing time) Deeds are required to provide easements to the City for required public improvements. They shall be prepared by the owner / developer’s engineer. Contact Jeff Beck for fees and processing requirements. Provide a copy of the recorded dedications to Traffic Planning prior to the issuance of building permits. https://www.fresno.gov/publicworks/engineering- services/#tab-5 Jason Camit Public Works Department (559) 621-8681 Jason.Camit@fresno.gov Page 2 of 6 10/13/2022 P22-00505 FIR 49 W.doc ATTENTION: Provide corrections as noted on Exhibit “A-1”. Prior to resubmitting the corrected exhibit, provide the following information and conditions of approval on the site plan: A. GENERAL REQUIREMENTS 1. Address: Verify the project address with the Planning and Development Department. 2. Assessor’s Parcel Number (APN): Provide all APNs. 3. Property Lines: Identify and dimension existing property lines. 4. Legal description: Provide legal description. 5. Easements: Identify and dimension proposed pedestrian easements 6. North Arrow: Provide a north arrow. 7. Vicinity Map: Provide 4 major streets (1/2 square mile) with a north arrow. 8. 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. 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 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. Deeds are required to provide easements to the city for required public improvements. They shall be prepared by the owner / developer’s engineer. Executed copies shall be submitted to the city with verification of ownership prior to the issuance of building permits. f. All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb, gutter, and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per FMC 13-211. g. 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. h. Submit street lighting plans to the Public Works Department. https://www.fresno.gov/publicworks/traffic-engineering/#tab-4 i. Provide a 4' minimum path of travel along the public sidewalk directly in front of Page 3 of 6 10/13/2022 P22-00505 FIR 49 W.doc property, to meet current accessibility regulations. A pedestrian easement may be required if requirements are not met. j. Contact the Public Works Department, Traffic Engineering at 559-621-8800, 10 working days prior to any offsite concrete construction. k. All existing sidewalks in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works. l. All development shall take place in accordance with all city laws and regulations. B. OFFSITE INFORMATION: 1. 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. Parking lot: No parking permitted within 20’ from the right-of-way line. 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 private 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. Page 4 of 6 10/13/2022 P22-00505 FIR 49 W.doc Fir Avenue: Local (Provide the following as notes on the site plan.) 1. Dedication Requirements: a. Dedicate a pedestrian easement for the corner cut at the intersection of Fir and Sugar Pine Avenue. 2. Construction Requirements: a. Remove existing driveway approaches not identified for as noted on Exhibit “A-1”, and install sidewalk, curb, gutter and paving per City of Fresno Public Works Standards P-5 and P-48 to match existing or proposed street improvement line and grade per Fresno Municipal Code (FMC) 13-211. b. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. Construct a 5.5’ commercial sidewalk. c. Planting and Irrigation of street trees shall conform to the minimum spacing, guidelines, and requirements as stated in the Standard Specification, Section 26-2.11(C) and AB1881. d. Modify or replace the existing ramp to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. Sugar Pine Avenue: Local (Provide the following as notes on the site plan.) 1. Construction Requirements: a. Construct a driveway approach to Public Works Standards P-4 and P-6, as approved on the site plan. Construct permanent paving as needed per Public Works Standard P-48. Construct a concrete pedestrian walkway behind all driveway approaches as identified on Exhibit “A-1”. b. Planting and Irrigation of street trees shall conform to the minimum spacing, guidelines, and requirements as stated in the Standard Specification, Section 26-2.11(C) and AB1881. c. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9A for Locals d. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. Beechwood Avenue: Local (Provide the following as notes on the site plan.) 1. Dedication Requirements: a. Dedicate a pedestrian easement for the corner cut at the intersection of Beechwood and Sugar Pine Avenue. b. Dedicate a pedestrian easement to accommodate the accessible 4’ clear path of travel behind the drive approach. 2. Construction Requirements: Page 5 of 6 10/13/2022 P22-00505 FIR 49 W.doc a. Remove existing driveway approaches not identified for utilization as noted on Exhibit “A-1”, and install sidewalk, curb, gutter and paving per City of Fresno Public Works Standards P-5 and P-48 to match existing or proposed street improvement line and grade per Fresno Municipal Code (FMC) 13-211. b. Construct a driveway approach to Public Works Standards P-4 and P-6, as approved on the site plan. Construct permanent paving as needed per Public Works Standard P-48. Construct a concrete pedestrian walkway behind all driveway approaches as identified on Exhibit “A-1”. c. Planting and Irrigation of street trees shall conform to the minimum spacing, guidelines, and requirements as stated in the Standard Specification, Section 26-2.11(C) and AB1881. d. Modify or replace the existing ramp to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. e. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. Public Improvement Plans are required and shall be approved by the City Engineer. Contact Scott Tyler at (559) 621-8654 or at Scott.Tyler@fresno.gov 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 Melessa Avakian at (559) 621-8812 or at Melessa.Avakian@fresno.gov 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: 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 Page 6 of 6 10/13/2022 P22-00505 FIR 49 W.doc 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. 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 Andreina.Aguilar@fresno.gov the Public Works Department, Traffic Planning Section. Page 1 of 3 PUBLIC WORKS DEPARTMENT City Hall Scott L. Mozier, P.E. 2600 Fresno Street, 4th Floor Public Works Director Fresno, California 93721 Ph. (559) 621-8800 www.fresno.gov February 23, 2023 Enrique Aponte, Planner II Planning and Development Department 2600 Fresno Street, 3rd Floor Fresno, CA 93721 SUBJECT: REVIEW OF THE TRAFFIC GENERATION ANALYSIS (TGA) DATED APRIL 8, 2022 FOR THE PROPOSED MEDICAL CLINIC LOCATED ON THE NORTHWEST QUADRANT OF BLACKSTONE AVENUE AND HERNDON AVENUE. TIS 23-004, P22-00505/P22-00507 PROJECT OVERVIEW Traffic Operations and Planning staff has reviewed the Traffic Generation Analysis (TGA) prepared by JLB Traffic Engineering, Inc. for the proposed medical clinic, “project”, which plans to construct up to 39,220 square feet of medical office build space on the northwest quadrant of Blackstone Avenue and Herndon Avenue. The TGA proposes a General Plan Amendment to modify the land use from Medium Density Residential to Commer cial General. The approximately 1.23 acre site is currently vacant. Vehicle trips projected to be generated by the project were calculated using the ITE Trip Generation Manual, 10th Edition. The following tables include the daily (ADT), AM and PM peak hour trips projected to be generated by the current General Plan land use (Table 1), the Amended General Plan land use (Table 2), and the Difference in Trip Generation (Table 3) as shown in the TGA: Table 1 – Existing Trip Generation Land Use Size Weekday ADT AM Peak Hour PM Peak Hour In Out Total In Out Total Single-Family Detached Housing (ITE Code 210) 11 d.u. 104 2 6 8 7 4 11 d.u. = dwelling unit Page 2 of 3 Table 2 – Proposed Trip Generation Land Use Size Weekday ADT AM Peak Hour PM Peak Hour In Out Total In Out Total Medical-Dental Office Building (ITE Code 720) 11.664 k.s.f 406 25 7 32 11 29 40 k.s.f. = thousand square feet Table 3 – Difference in Trip Generation Land Use Weekday ADT AM Peak Hour PM Peak Hour In Out Total In Out Total Existing Land Use 104 2 6 8 7 4 11 Proposed Land Use 406 25 7 32 11 29 40 Difference 302 23 1 24 4 25 29 Transportation impact criteria are tiered base d on a project’s location. Four (4) Traffic Impact Zones (TIZ) have been identified in the General Plan. Each TIZ has specific criteria to be used in determining the level of analysis required for a project. The proposed project is located in Traffic Impact Zone (TIZ) III. This TIZ requires a traffic impact study if a project is projected to generate more than 100 trips during a peak hour. Based on the analyses included in the TGA the difference in the trips between the existing land use and proposed land use is 24 (AM) and 29 (PM) peak hour trips. If the General Plan Amendment is approved, no further traffic analysis will be required. The TGA submitted for this project is sufficient for the project as proposed. GENERAL COMMENTS and CONDITIONS 1. This project shall pay its Traffic Signal Mitigation Impac t (TSMI) Fee per the Master Fee Schedule at the time of building permit. The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) that plan to build out the General Plan circulation element and are include d in the Nexus Study for the TSMI fee. If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount, the applicant may apply for fee credits (security/bonding and/or developer agreement required) and/or reimbursement fo r work in excess of their fee as long as the infrastructure is in place at the ultimate location. The applicant should work with the Public Works Department to identify, with a Professional Engineers estimate, the costs associated with the improvements pri or to paying the TSMI fee to determine any applicable fee credits and/or reimbursements. Page 3 of 3 For project specific impacts that are not consistent with the General Plan, Public Works Standards, and/or are not incorporated into the TSMI fees, the infrastructure costs will not be eligible for reimbursement. Failure to pay the TSMI fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. 2. This project shall pay its Fresno Major Street Impact (FMSI) Fee, which will be determined at time of building permit. This FMSI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee. 3. The project shall pay the 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, based on vesting rights, prior to issuance of building permits . 4. The proposed project shall pay the $220 Traffic Impact Study review fee for review of the document. Proof of payment shall be provided to the Traffic & Engineering Services Division. 5. The proposed project shall make necessary improvements and right-of-way and public easement dedications along adjacent public street(s) and within the site boundaries per City of Fresno standards/requirements. 6. The proposed site plan shall be reviewed and approved by the City of Fresno Traffic & Engineering Services Division, Traffic Planning Section. If you have any further questions regarding this matter, please contact me at (559) 6 21-8694 or harmanjit.dhaliwal@fresno.gov . Sincerely, Harmanjit Dhaliwal, PE Supervising Professional Engineer Public Works Department, Traffic Operations & Planning Division C: Copy filed with Traffic Impact Study Louise Gilio, Public Works, Traffic Planning Supervisor Jill Gormley, Public Works, Traffic Operations & Planning Manager Andrew Benelli, Public Works, Assistant Director PROJECT NO: APN: ADDRESS: SENT: 2022-00505 W. SIDE OF SUGARPINE AVE. BTWN. FIR AVE & BEECHWOOD AVE. 303-161-50, 51, 53, 48, 49, 303-161-52 October 04, 2022 PUBLIC AGENCY ENRIQUE APONTE PLANNING & DEVELOPMENT DEPARTMENT CITY OF FRESNO 2600 FRESNO STREET FRESNO, CA 93721-3604 DEVELOPER ROGER HURTADO, CENTERLINE DESIGN, LLC 1508 TOLLHOUSE ROAD, SUITE C CLOVIS, CA 93611 Drainage Area(s)Preliminary Fee(s) CO2 $7,156.00 Development Review Service Charge(s)Fee(s) NOR Review $50.00 To be paid prior to release of District comments to Public Agency and Developer. Grading Plan Review $247.00 Amount to be submitted with first grading plan submittal. Total Drainage Fee: $7,156.00 Total Service Charge: $297.00 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 2/28/23 based on the site plan submitted to the District on 9/15/22 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.)Creditable storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)The actual cost incurred in constructing Creditable drainage system facilities is credited against the drainage fee obligation. e.)When the actual costs incurred in constructing Creditable 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 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a.Drainage from the site shall BE DIRECTED TO FIR AVENUE, SUGAR PINE AVENUE, AND/OR BEECHWOOD AVENUE. b.Grading and drainage patterns shall be as identified on Exhibit No. c.The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2.The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as X None required. 3.The following final improvement plans and information shall be submitted to the District for review prior to final development approval: X Grading Plan Street Plan Storm Drain Plan Water & Sewer Plan Final Map X Drainage Report (to be submitted with tentative map) Other None Required 4.Availability of drainage facilities: X a.Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s). b.The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. c.Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d.See Exhibit No. 2. 5.The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 7.The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a.State General Permit for Storm Water Discharges Associated with Construction Activities, effective July 1, 2010, as amended. A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre) if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent and Permit Registration Documents to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. b.State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 2014 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. c.The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8.A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9.The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Debbie Campbell Anthony Zaragoza Design Engineer, RCE Engineer III Digitally signed by Debbie Campbell Date: 10/4/2022 8:57:02 AM Digitally signed by Anthony Zaragoza Date: 9/21/2022 3:45:15 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 CC: JEFFREY LAWSON, VALLEY HEALTH TEAM, INC. 21890 W. COLORADO AVE. SAN JOAQUIN, CA 93660 RONALD & SHARI ASADOOR 407 E. NILES FRESNO, CA 93720 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 The District’s existing Master Plan drainage system is designed to serve medium density residential uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed commercial land use. The developer shall be required to mitigate the impacts of the increased runoff from the proposed commercial land use to a rate that would be expected if developed to medium density residential. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the developer choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development, to a two-year discharge, which would be produced by the property if developed medium density residential. Implementation of the mitigation measures may be deferred until the time of development. In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Development No.FR DPA No. 2022-00505 OTHER REQUIREMENTS EXHIBIT NO. 2 CITY OF FRESNO DEVELOPMENT AND IMPACT FEE ESTIMATE Proposed Development: A.P.N. Planned Land Use: Current Zoning: Proposed Zoning: Site Area: Building Area: Entitlement: Estimate Date: WATER CONNECTION CHARGES Water provided by Pinedale County Water District SEWER CONNECTION CHARGES Sewer provided by Pinedale County Water District CITYWIDE/REGIONAL IMPACT FEES Service Area Quantity Units Fee Rate Amount Due Notes Citywide Fire Facilities Impact Fee Comm. Office 11,664 Sq.Ft.$688.00 $8,024.83 [7] Citywide Police Facilities Impact Fee Comm. Office 11,664 Sq.Ft.$844.00 $9,844.42 [7] Citywide Regional Street Charge Comm. Office 1.23 AC $16,517.00 $20,315.91 [6] New Growth Area Major Street Charge Comm. Office 1.23 AC $47,189.00 $58,042.47 [6] Citywide Traffic Signal Charge Medical Clinic 11,664 Sq.Ft.$3,081.00 $35,936.78 [6] Total Citywide/Regional Impact Fees $132,164.41 Total Fees and Charges $132,164.41 Medical Clinic - 49 W. Fir Avenue The following estimates are based on preliminary conceptual information. The exact fee obligation will be computed at the time of development by Public Works Department, Land Division & Engineering. The fee rates in effect at the time of development shall apply. Medium Density Residential September 20, 2022 303-160-48, 49, 50, 51, 52, 53 CG +/- 1.23 acres RS-5 +/- 11,664 sq. ft. P22-00505 See notes on page 2 Printed 9/20/2022 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: September 20, 2022 (559) 621-8797 City of Fresno Public Works Department Land Division & Engineering [5] The Trunk Sewer Charge is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For Condominium conversions, Trunk Sewer Charges may stay in the S.T.E.P. if the project continues to be master metered for water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees. [10] Fee not applicable on replacement or reconstruction of an existing structure that has been destroyed or demolished provided that the Building Permit for new construction is obtained within one year after the building is destroyed or demolished, and there is no change in the land use designation. (Res. Nos. 2005-428, 429) [11] Subject to the acceptance date of the vesting tentative map, fee may not be applicable until 2-years after the date of Final Map recordation; when applicable, fee is due at Building Permit for all un-developed lots at the fee rate then in effect. [8] Construction Fee Credits may be applicable. Contact the Public Works Engineering Services Division at (559) 621-8685 for more information. [3] Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the City of Fresno Department of Finance, Utilities Billing & Collection Division (559- 621-6765). [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. 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 See notes on page 2 Printed 9/20/2022 Page 2 DEPARTMENT OF PUBLIC UTILITIES MEMORANDUM DATE: November 3, 2022 TO: MINDI MARIBOHO, Development Services Coordinator Planning & Development Department – Current Planning FROM: DEJAN PAVIC, PE, Projects Administrator Department of Public Utilities – Utilities Planning & Engineering SUBJECT: DPU CONDITIONS OF APPROVAL FOR P22-00505 MEDICAL CLINIC APNs 303-161-48 THROUGH 53 General Requirements Water Service Requirements The Project is located within the Pinedale County Water District service area, and it is anticipated that Pinedale County Water District will provide water services (potable water and fire protection) to the proposed development. The applicant shall contact the Pinedale County Water District for water service conditions and/or restrictions. Sewer Service Requirements The Project is located within the Pinedale County Water District service area, and it is anticipated that Pinedale County Water District will provide sewer service to the proposed development. The applicant shall contact the Pinedale County Water District for sewer service conditions and/or restrictions. Solid Waste Requirements: The following Solid Waste Requirements for the purpose of establishing City solid waste service policies for office/commercial space. These service requirements apply to all office complexes within the City of Fresno. 1. This location is serviced by a Commercial Solid Waste Franchisee. For service information, please contact Allied Waste at (559) 275-1551 or (800)- 493-4285. 2. All trash bins provided to office complexes must be serviced with a frequency of at least once per week. 3. All office 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, DPU CONDTITIONS OF APPROVAL FOR P22-00505 MEDICAL CLINIC APNs 303-161-48 THROUGH 53 November 3, 2022 Page 2 of 2 cardboard, newspaper, paper, glass, plastics, beverage containers, and metal recycling. 4. 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. 5. Bin enclosures, if provided on site, must be used exclusively for the storage of trash and recycling bins, per The Public Works Standard Specifications P-33 and P-34. 6. This location will require 1 (one) 2-cell trash enclosure, designed to accommodate separate facilities containing 2 (two) – 4-cu. yd. bins, one for trash and one for recycling collection to be constructed to current (Public Works Standard Specifications) Solid Waste Standards (P-33, P-34, and P-95) to be serviced weekly. 7. Service Route Permits and Location Permits are required for all private trash company services within the City of Fresno per FMC 9-408. All private company trash service arrangements must be pre-approved through Solid Waste Management Division. 8. Developer will need to provide a 44-foot (centerline) turning radius at all corners and a T-turnaround (or hammerhead) area where the solid waste vehicle is to turn around. 9. Americans with Disability Act (ADA) requirement for office complexes (developments): Developer shall install (construct) a trash enclosure(s) 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(s) in accordance with the City’s ADA requirements. Plan Review Team Land Management PGEPlanReview@pge.com Pacific Gas and Electric Company P.O. Box 0000 City, State, Zip Code PG&E Gas and Electric Facilities Page 1 Public October 11, 2022 Re: P22-00505 49 W Fir Avenue, Fresno, CA 93650 Dear City of Fresno: Thank you for giving us the opportunity to review the subject plans. The proposed P22-00505 is within the same vicinity of PG&E’s existing facilities that impact this property. The proposed P22-00505 will require the relocation of existing PG&E gas and electric service. The applicant may contact the below resources to relocate existing services and to apply to for new service. Please contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E’s Service Planning department at www.pge.com/cco for any modification or relocation requests, or for any additional services you may require. As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site. If you have any questions regarding our response, please contact me at Justin.Newell@pge.com. Sincerely, Justin Newell Land Management 916-594-4068 September 30, 2022 Enrique Aponte City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA, 93721 Project: P22-00505, Valley Health Team, Inc. - Pinedale District CEQA Reference No: 20221286 Dear Mr. Aponte: The San Joaquin Valley Air Pollution Control District (District) has reviewed the Development Permit (DP) from the City of Fresno (City) for the Valley Health Team, Inc. Pinedale project. Per the DP, the project consists of a General Plan Amendment and a Rezone to allow for the construction of an approximately 11,664 square foot medical clinic (Project). The Project is located on North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenue, in Fresno, CA 93650. The District offers the following comments regarding the Project: Project Related Emissions At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8 -hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8 -hour ozone, PM10, PM2.5 standards. Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI): https://www.valleyair.org/transportation/GAMAQI.pdf. San Joaquin Valley Air Pollution Control District Page 2 of 7 District Reference No: 20221286 September 30, 2022 Construction Emissions The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment. Health Risk Screening/Assessment The City should evaluate the risk associated with the Project for sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions. To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health. Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks. Prioritization (Screening Health Risk Assessment): A “Prioritization” is the recommended method for a conservative screening -level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation. To assist land use agencies and project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here: http://www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/PRIORI TIZATION-CALCULATOR.xls San Joaquin Valley Air Pollution Control District Page 3 of 7 District Reference No: 20221286 September 30, 2022 Health Risk Assessment: Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. This step will ensure all components are addressed when performing the HRA. A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the project-related health impacts would exceed the District’s significance threshold of 20 in a million for carcinogenic risk, or 1.0 for either the Acute or Chronic Hazard Indices. A project with a significant health risk would trigger all feasible mitigation measures. The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency. The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:  HRA (AERMOD) modeling files  HARP2 files  Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies. For assistance, please contact the District’s Technical Services Department by:  E-Mailing inquiries to: hramodeler@valleyair.org  Calling (559) 230-5900 Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww3.arb.ca.gov/ch/handbook.pdf. Ambient Air Quality Analysis An Ambient Air Quality Analysis (AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The District recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant. An acceptable analysis would include emissions from both project-specific permitted and non-permitted equipment and activities. The District recommends consultation San Joaquin Valley Air Pollution Control District Page 4 of 7 District Reference No: 20221286 September 30, 2022 with District staff to determine the appropriate model and input data to use in the analysis. Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website: www.valleyair.org/ceqa. Vegetative Barriers and Urban Greening There are residential units located west and south of the Project as well as a school to the north. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units). While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery. Clean Lawn and Garden Equipment in the Community Since the Project consists of commercial development, gas-powered commercial lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More inf ormation on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm and http://valleyair.org/grants/cgym-commercial.htm. On-Site Solar Deployment It is the policy of the State of California that renewable energy resources and zero - carbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public San Joaquin Valley Air Pollution Control District Page 5 of 7 District Reference No: 20221286 September 30, 2022 health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project. Electric Vehicle Chargers To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations. Please visit www.valleyair.org/grants/chargeup.htm for more information. District Rules and Regulations The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes. The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888. District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT). San Joaquin Valley Air Pollution Control District Page 6 of 7 District Reference No: 20221286 September 30, 2022 This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888. District Rule 9510 - Indirect Source Review (ISR) The District has reviewed the information provided and has determined the project size is below the District Rule 9510, section 2.1 applicability threshold of 20,000 square feet for a medical office development. Therefore, District Rule 9510 requirements and related fees do not apply to the project. District Rule 4601 (Architectural Coatings) The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs. The purpose of this rule is to limit VOC emissions from architectural coatings. In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at: http://www.valleyair.org/rules/currntrules/r4601.pdf District Regulation VIII (Fugitive PM10 Prohibitions) The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950. San Joaquin Valley Air Pollution Control District Page 7 of 7 District Reference No: 20221286 September 30, 2022 The application for both the Construction Notification and Dust Control Plan can be found online at: https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at: http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm Other District Rules and Regulations The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). District Comment Letter The District recommends that a copy of the District’s comments be provided to the Project proponent. If you have any questions or require further information, please contact Matt Crow by e- mail at Matt.Crow@valleyair.org or by phone at (559) 230-5931. Sincerely, Brian Clements Director of Permit Services For: Mark Montelongo Program Manager Exhibit K CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING PLAN AMENDMENT AND REZONE APPLICATION NO. P22-00507 DEVELOPMENT PERMIT APPLICATION NO. P22-00505 AND THE RELATED ENVIRONMENTAL ASSESSEMENT NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission, 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, will conduct a public hearing to consider the items below which pertain ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues: 1. Environmental Assessment No. P22-00507/P22-00505: Recommends that a Mitigated Negative Declaration dated December 9, 2022, be adopted for the project; 2. Plan Amendment Application No. P22-00507: Proposes to amend the Fresno General Plan, Bullard Community Plan, and Pinedale Neighborhood Plan planned land use designations for the property from Residential – Medium Density to Commercial – General; 3. Rezone Application No. P22-00507: Proposes to amend the Official Zoning Map of the City of Fresno to rezone the property from the RS-5 (Residential Single Family, Medium Density) to the CG (Commercial - General) zone district; and 4. Development Permit Application No. P22-00505: Proposes to construct a ±11,664-square-foot medical clinic with on and off-site improvements on the ±1.23-acre site. Any interested person may participate in person or electronically during the public hearing to speak in favor or against the project proposal, by either Zoom meeting or telephone with instructions provided on the Planning Commission Agenda, and present written testimony at least 24 hours in advance, via an eComment or by email to PublicCommentsPlanning@fresno.gov (cc Enrique.Aponte@fresno.gov). All documents submitted to the Planning Commission for its consideration prior to or at the hearing shall be submitted to the Planning Commission at least 24 hours prior to the Commission agenda item being heard, pursuant to the Planning Commission rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings 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 Planning Commission recommendation on the proposed Entitlements and Environmental Assessment will be considered by the City Council. NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007-B. 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 Enrique Aponte, Planning and Development Department, by telephone at (559) 621-8061 or via e-mail at Enrique.Aponte@fresno.gov. Si necesita información en Español, comuníquese con Enrique Aponte al teléfono (559) 621-8046 or email Enrique.Aponte@fresno.gov. Jennifer K. Clark, Director & Secretary Planning and Development Department & Planning Commission DATED: February 17, 2023 APN(s): 303-161-48, 303-161-49, 303-161-50, 303-161-51, 303-161-52, and 303-161-53 SEE MAP ON REVERSE SIDE Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY PLANNING COMMISSION Date/Time: Wednesday, March 1, 2023 at 6:00 p.m., or thereafter Place: City Hall Council Chamber, Second Floor, 2600 Fresno Street, Fresno CA 93721; or, Watch the live broadcast via the Zoom link located on the Planning Commission agenda found here: https://fresno.legistar.com/Calendar.aspx Enrique Aponte PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO ST RM 3043 FRESNO CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 49 West Fir Avenue P22-00507 & P22-00505 VICINITY MAP 49 West Fir Avenue Subject Property (±1.23 acres) Exhibit Map Override 1 Override 1 2/21/2023, 12:42:09 PM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 City of Fresno Exhibit L FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13789 The Fresno City Planning Commission, at its regular meeting on March 1, 2023, adopted the following resolution relating to Plan Amendment Application No. P22- 00507. WHEREAS, Plan Amendment Application No. P22-00507 was filed with the City of Fresno by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc., for ±1.23 acres of property located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues; and, WHEREAS, Plan Amendment Application No. P22-00507 proposes to amend the Fresno General Plan, Bullard Community Plan, and Pinedale Neighborhood Plan to change the planned land use designation for the subject property from Residential – Medium Density to Commercial – General; and, WHEREAS, on March 1, 2023, the Fresno City Planning Commission (Commission) reviewed the subject plan amendment application in accordance with the policies of the Fresno General Plan, Bullard Community Plan, Pinedale Neighborhood Plan, and the Fresno County Airport Land Use Compatibility Plan; and, WHEREAS, during the March 1, 2023 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested planned land use change; and, WHEREAS, the Commission conducted a public hearing to review the proposed plan amendment and considered the Planning and Development Department’s report recommending approval of the proposed plan amendment application; and, WHEREAS, the Commission considered the proposed plan amendment relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Commission invited testimony with respect to the proposed plan amendment; and, WHEREAS, two members of the public spoke in support and no members of the public spoke in opposition of the proposed plan amendment; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that, with mitigation imposed under the Program Environmental Impact Report SCH No. 2019050005 for the Fresno General Plan (“PEIR”) and project specific mitigation, there is no substantial evidence in the record to indicate that Plan Amendment Application No. P22-00507 may have additional significant effects on the environment that were not identified in the PEIR; and hereby recommends to the City Council adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. P22-00507/P22-00505 dated December 9, 2022, for the proposed project; and, Planning Commission Resolution No. 13789 Plan Amendment Application No. P22-00507 March 1, 2023 Page 2 BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Plan Amendment Application No. P22-00507 to amend the Fresno General Plan, Bullard Community Plan, and Pinedale Neighborhood Plan to change the planned land use designation for the subject property from Residential – Medium Density to Commercial – General as described and depicted on the attached Exhibit “A.” The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Wagner, seconded by Commissioner Diaz. VOTING: Ayes - Wagner, Diaz, Bray, Criner, Hardie (Vice Chair), Vang (Chair), Noes - None Not Voting - None Absent - None DATED: March 1, 2023 JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13789 Plan Amendment Application No. P22- 00507 Filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. Action: Recommend Approval to the City Council !H¥!H¥!H¥ !H¥!H¥!H¥!H¥ !H¥!H¥NABBYS T W BEECHWOOD AVE NSUGARPI NEAVEW BEECHWOOD AVE N SUGAR PINE AVEN BLACKSTONE AVEW FIR AVE crcmx cgh cmx rm cmx rm pse P22-00507APN:303-16-148, 49, 50, 51, 52, & 5349 W Fir Ave. (Northeast corner of W. Fir Ave & N. Sugarpine Ave) 0 110 22055Feet / EXHIBIT A - Plan Amendment Proposes to change Planned Land Use designation for the +/-1.23 acre property from Residential-Medium Density to Commercial GeneralDocument Path: K:\GIS 2023\Exhibit Maps\MXDs\P22-00507 & DP P20-00505_Plan Amendment NEW.mxd!H¥Housing Element Site 0.222 acresRM to CGH 0.15 acresRM to CGH 0.23 acresRM to CGH 0.27 acresRM to CGH0.22 acresRM to CGH 0.15 acresRM to CGH FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13790 The Fresno City Planning Commission, at its regular meeting on March 1, 2023, adopted the following resolution relating to Rezone Application No. P22-00507. WHEREAS, Rezone Application No. P22-00507 was filed with the City of Fresno by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc., for ±1.23 acres of property located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues; and, WHEREAS, Rezone Application No. P22-00507 proposes to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) zone district to the CG (Commercial – General) zone district; and, WHEREAS, on March 1, 2023, the Fresno City Planning Commission (Commission) reviewed the subject rezone application in accordance with the policies of the Fresno General Plan, Bullard Community Plan, Pinedale Neighborhood Plan, and the Fresno County Airport Land Use Compatibility Plan; and, WHEREAS, during the March 1, 2023 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested rezoning change; and, WHEREAS, the Commission conducted a public hearing to review the proposed rezone and considered the Planning and Development Department’s report recommending approval of the proposed rezone application; and, WHEREAS, the Commission considered the proposed rezone relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Commission invited testimony with respect to the proposed rezone; and, WHEREAS, two members of the public spoke in support and no members of the public spoke in opposition of the proposed rezone; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that, with mitigation imposed under the Program Environmental Impact Report SCH No. 2019050005 for the Fresno General Plan (“PEIR”) and project specific mitigation, there is no substantial evidence in the record to indicate that Rezone Application No. P22-00507 may have additional significant effects on the environment that were not identified in the PEIR; and hereby recommends to the City Council adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. P22-00507/P22-00505 dated December 9, 2022, for the proposed project; and, Planning Commission Resolution No. 13790 Rezone Application No. P22-00507 March 1, 2023 Page 2 BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Rezone Application No. P22-00507 to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) zone district to the CG (Commercial – General) zone district as described and depicted on the attached Exhibit “A.” The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Wagner, seconded by Commissioner Diaz. VOTING: Ayes - Wagner, Diaz, Bray, Criner, Hardie (Vice Chair), Vang (Chair), Noes - None Not Voting - None Absent - None DATED: March 1, 2023 JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13790 Rezone Application No. P22-00507 Filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. Action: Recommend Approval to the City Council !H¥!H¥!H¥ !H¥!H¥!H¥!H¥ !H¥!H¥ W BEECHWOOD AVE NSUGARPI NEAVEN ABBY STW BEECHWOOD AVE N SUGAR PINE AVEN BLACKSTONE AVEW FIR AVE RS-5 RS-5 CR RS-5 RS-5 RS-5 CMX RS-5 CMXPI RS-5 RS-5 RS-5 CMX PI CG RS-5 CMX CMX RS-5 CMXRS-5 CMX RS-5 RS-5 CG CMX RS-5 CG PI RS-5 CMX RS-5 CMX PI RS-5 PI CG RS-5 CMX CMX PI RS-5 RS-5 CR RS-5 CMX RS-5 CG PI P22-00507APN:303-16-148, -49, -50, -51, -52, & -5349 W Fir Ave. (Northeast corner of W. Fir Ave and N. Sugarpine Ave) 0 110 22055Feet / EXHIBIT A - Rezone RS-5to CG !H¥ Proposes to rezone +/- 1.23 acres of property currently zoned RS-5 (Residential Single Family, Medium Density) to CG (Commercial-General) zone district. Housing Element Site FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13791 The Fresno City Planning Commission, at its regular meeting on March 1, 2023, adopted the following resolution relating to Development Permit Application No. P22- 00505. WHEREAS, Development Permit Application No. P22-00505 was filed with the City of Fresno by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc., for ±1.23 acres of property located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues; and, WHEREAS, Development Permit Application No. P22-00505 proposes to construct an 11,664-square-foot, single-story medical clinic on the ±1.23 acre property; and, WHEREAS, on March 1, 2023, the Fresno City Planning Commission (Commission) reviewed the subject development permit application in accordance with the policies of the Fresno General Plan, Bullard Community Plan, Pinedale Neighborhood Plan, and the Fresno County Airport Land Use Compatibility Plan; and, WHEREAS, during the March 1, 2023 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested planned land use change; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project, subject to the conditions of approval contained in the staff report dated March 1, 2023. WHEREAS, the Commission conducted a public hearing to review the proposed development permit and considered the Planning and Development Department’s report recommending approval of the proposed Development Permit application; and, WHEREAS, the Commission considered the proposed Development Permit relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Commission invited testimony with respect to the proposed development permit; and, WHEREAS, two members of the public spoke in support and no members of the public spoke in opposition of the proposed Development Permit; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that, with mitigation imposed under the Program Environmental Impact Report SCH No. 2019050005 for the Fresno General Plan (“PEIR”) and project specific mitigation, there is no substantial evidence in the record to indicate that Development Permit Application No. P22-00505 may have additional significant effects on the environment that were not identified in the PEIR; and hereby Planning Commission Resolution No. 13791 Development Permit Application No. P22-00505 March 1, 2023 Page 2 recommends to the City Council adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. P22-00507/P22-00505 dated December 9, 2022, for the proposed project; and, BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Development Permit Application No. P22-00505, subject to the Planning and Development Department Conditions of Approval dated March 3, 2023. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Wagner, seconded by Commissioner Diaz. VOTING: Ayes - Wagner, Diaz, Bray, Criner, Hardie (Vice Chair), Vang (Chair), Noes - None Not Voting - None Absent - None DATED: March 1, 2023 JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13791 Development Permit Application No. P22-00505 Filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. Action: Recommend Approval to the City Council Exhibit M CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING PLAN AMENDMENT AND REZONE APPLICATION NO. P22-00507 DEVELOPMENT PERMIT APPLICATION NO. P22-00505 AND THE RELATED ENVIRONMENTAL ASSESSEMENT 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, will conduct a public hearing to consider the items below which pertain ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues: 1.Environmental Assessment No. P22-00507/P22-00505: Recommends that a Mitigated Negative Declaration dated December 9, 2022, be adopted for the project; 2.Plan Amendment Application No. P22-00507: Proposes to amend the Fresno General Plan, Bullard Community Plan, and Pinedale Neighborhood Plan planned land use designations for the property from Residential – Medium Density to Commercial – General; 3.Rezone Application No. P22-00507: Proposes to amend the Official Zoning Map of the City of Fresno to rezone the property from the RS-5 (Residential Single Family, Medium Density) to the CG (Commercial - General) zone district; and 4.Development Permit Application No. P22-00505: Proposes to construct a ±11,664-square-foot medical clinic with on and off-site improvements on the ±1.23-acre site. Any interested person may participate in person or electronically during the public hearing to speak in favor or against the project proposal, by either Zoom meeting or telephone with instructions provided on the City Council Agenda, and present written testimony at least 24 hours in advance, via an eComment or by email to PublicCommentsPlanning@fresno.gov (cc Phillip.Siegrist@fresno.gov). All documents submitted to the City Council for its consideration prior to or at the hearing shall be submitted to the City Council at least 24 hours prior to the Council agenda item being heard, pursuant to the City Council rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings 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 Planning Commission recommendation on the proposed Entitlements and Environmental Assessment will be considered by the City Council. The Fresno City Planning Commission considered these applications at its meeting on March 1, 2023 and recommended the City Council approve the applications 6 votes to 0. NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007-B. All project related documents are available for public review at the Planning and Development Department at the address listed below 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 Phillip Siegrist, Planning and Development Department, by telephone at (559) 621-8061 or via e-mail at Phillip.Siegrist@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070 or email Jose.Valenuela@fresno.gov. Jennifer K. Clark, Director & Secretary Planning and Development Department & Planning Commission DATED: July 28, 2023 APN(s): 303-161-48, 303-161-49, 303-161-50, 303-161-51, 303-161-52, and 303-161-53 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, August 10, 2023 at 10:10 a.m. #1, or thereafter Place: City Hall Council Chamber, Second 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 P. Siegrist PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO ST RM 3043 FRESNO CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 49 West Fir Avenue P22-00507 & P22-00505 VICINITY MAP 49 West Fir Avenue Subject Property (±1.23 acres) Exhibit N CITY OF FRESNO MITIGATED NEGATIVE DECLARATION FOR Plan Amendment/Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 Prepared by: LSA 2565 Alluvial Avenue, Suite 172 Clovis, CA 93611 Attachments: Notice of Intent to Adopt a Mitigated Negative Declaration Appendix G/Initial Study for a Mitigated Negative Declaration Project Specific Mitigation Monitoring Checklist dated November 2022 1 APPENDIX G INITIAL STUDY FOR A MITIGATED NEGATIVE DECLARATION Environmental Checklist Form for: Development Permit Application No. P22-00505 & Plan Amendment Rezone Application No. P22-00507 1. Project title: Development Permit Application No. P22-00505 & Plan Amendment Rezone Application No. P22-00507 2. Lead agency name and address: City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 3. Contact person and phone number: Enrique Aponte, Planner II City of Fresno Planning and Development Department (559) 621-8084 4. Project location: The 1.23-acre project site (Assessor’s Parcel Numbers [APN]: 303-161-48, 303-161- 49, 303-161-50, 303-161-51, 303-161-52, and 303-161-53) is located at the northwest quadrant of Blackstone Avenue and Herndon Avenue and is bounded to the north by West Fir Avenue, to the east by North Sugar Pine Avenue, to the south by West Beechwood Avenue, and to the west by residential uses. Figure 1 shows the site’s regional and local context. Figure 2 depicts an aerial photograph of the project site and surrounding land uses. 5. Project sponsor's name and address: Soyla A. Reyna-Griffin Valley Health Team, Inc. Pinedale Community Health Center P.O. Box 737 21890 West Colorado Avenue San Joaquin, CA 93660 6. General & Community plan land use designation: Existing Land Use: Residential – Medium Density Planned Land Use: Residential – Medium Density Bullard Community Plan Pinedale Specific Plan Proposed Land Use: Offices – Medical and Dental SOURCE: Esri Topographic Map (2021) I:\VHT2201\GIS\MXD\RegionalProjectLocation.mxd (3/30/2022) FIGURE 1 Valley Health Team Project Regional Project Location LEGEND Project Location Parcel Boundary Fresno City Limit MaderaCounty FresnoCounty ÃÃ145 ÃÃ168 ÃÃ180 ÃÃ41 ÃÃ99 Project Location Project Vicinity 0 250 500 FEET '■V l-llll'JJPJ JV.'^I I I'.-J.Jk- A.-1 "IjOQiOQ■■■LI - zVSnT-•: 349 ft_Pinedale si-W Minarets Ave E Minarets Ave.-L 3o;I10IBZ > z <* fIljiUlXj OW Birch Ave W Birch Ave E Birch Ave2K iLr~--E-J.JJ "J cV> W Spruce Ave E Spruce Ave 1 J J bcusl Ave W bcust Aveun nm □CO -Vj--zII 03<%<-3 W Fir AveI'_r12 ED 3£]'-z J W Beechwood Ave 5*=OJi •1 JJ_J Jj-'ULr = i.J □vrr Herndon Ave lEtHern'donrAv.el2343 ff iW4H e r n d o'riTA'v el,W:Hern'donTAvei JU, L -Jbuisiana ct4W 3=1jwiqna iSTT-i-a s *° Q_E Warner AveNevada5—$^ J' J JJ—I Xujjjj- >gJGbQilaaaitak A 0*fe■Pennsylvania < 5•- : J? Valencia Dr •!J3nnE Mag 01 Aveh/ft/Oregon J 55 -/s73 3Seville Df □Q£UQ CDD q San Juan Dr ii.)i1T-jz iU3IJ"/. ^U _1 -I J”■s rps ■JDe Soto Dr / /j JJ_Q ■ an ilET 11 ?/z JJu Paz.Dr J2V* 9 QLi?p--*□I Jo Ave >< 8 LPJ E bs Alios Ave■b -IXft3co□za s<L? O__z_ _ _ SA |> □ W Beechwood AveW Beechwood Ave W Fir AveW Fir Ave W Spruce AveW Spruce Ave W Herndon AveW Herndon Ave N Sugar P ine AveN Sugar Pi ne AveW Herndon AveW He r n d o n Av e E Magill AveE Magill AveN Blackstone AveN Blackstone AveN Blackstone AveN Blackstone AveN San Pablo AveN San Pablo AveN Abby StN Abby StN Sugar Pine AveN Sugar Pine AveW Beechwood Ave W Fir Ave W Spruce Ave W Herndon Ave N Sugar P ine Ave W Herndon Ave E Magill AveN Blackstone AveN Sugar Pine AveN Blackstone AveN San Pablo AveN Abby StCOMMERCIAL SINGLE-FAMILY RESIDENTIAL COMMERCIAL COMMERCIAL PINEDALE COMMUNITY CENTER MOBILE HOME PARK PINEDALE ELEMENTARY SCHOOL 4000 200 Project Site Boundary FEET SOURCE: NearMap, 2/24/2022 I:\VHT2201\G\Fig 2_Aerial Photo of Site & Surrounding LU.ai (3/30/2022) FIGURE 2 Valley Health Team Project Aerial Photograph of the Project Site and Surrounding Land Uses J,r*..f “Ii'm -•> ■-r*S •i ' USK feji •Ki v* l JViyl-0;:•a// ” . /, 1 1 'SvjflV’ki 4“ ^®/*L_ - jrtfF [M ^ 4h ,'1 « 3l \f)• ' A',*\V? ,.:r»m $w i. r. tel’ =? *i ^ mfi i 1 "*> «§ JfcJfit! t^r-gBf?S v1*. a .. :rA \pEjgg -TV-T-," 3SI f- -? - .-ks~!Limm **■'••*' ;3 ^-**21la,7* Lm£Ml, "Si; Jin!v. ...wwWl’ \t i A • tv %<sEIJ*. iJl;£=6p 1»TJ _ -jpgj/n 4 S'ft ,;LELI I ,v‘;✓|$p^5:i,&S*/H 31.*p pm% a v‘j *«rI• . 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Zoning: Existing Zoning: RS-5 (Residential Single-Family, Medium Density) Proposed Zoning: CG (General Commercial) 8. Description of project: Development Permit Application No. P22-00505 and Plan Amendment Rezone Application No. P22-00507 was filed by Valley Health Team, Inc. The applicant proposes to construct an 11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site. Project Characteristics The proposed project would include the demolition of two existing on-site structures, including a 923-square-foot single-family dwelling unit and a 464-square-foot unattached garage (APN-303-161-48). The proposed project would consist of the development of an approximately 11,664- square-foot, 28-foot-tall single-story medical clinic in the Pinedale community. The proposed project would include a total of 21,494 square feet of paved area and 15,626 square feet of landscaped area. The proposed project would also include a concrete masonry unit (CMU) along the western project site boundary. Figure 3 shows the project site plan. The hours of operation for the proposed project would be Monday through Friday, from 8:00 a.m. to 6:00 p.m. The proposed project would employ approximately 40 staff members. The proposed project would contain the following rooms and offices: exam, treatment, labs, x-ray, behavioral health, dental, and chiropractic. The proposed project is anticipated to serve 5,000 patients and provide 21,450 visits per year or 82 clients per day, including telemedicine. It is assumed that telemedicine appointments would account for approximately 25 percent of all appointments. The proposed project would include new on-site exterior lighting, with approximately 48 new lights on the project site and would install approximately 7,128 square feet of future solar panels on the roof area of the proposed clinic building. In addition, the proposed project would comply with the latest CALGreen standard building measures and Title 24 standards. The proposed project would require a General Plan amendment from Residential – Medium Density to General Commercial and a rezone to from RS-5 (Residential Single Family, Medium Density) to CG (General Commercial). NOT TO SCALE SOURCE: Centerline Design, LLC, January 2022 I:\VHT2201\G\Fig 3_Site Plan.ai (4/6/2022) FIGURE 3 Valley Health Team Project Site Plan lV//////////////////////,i 1 1 '/////////////////////////A\9 99999999999999999999999^ jL \\^V////////////////////////A //w /\\I ,_A_.W. 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LSA I1 6 Access, Circulation, and Parking Vehicle access to the project site would be provided through two 27-foot-wide ingress and egress driveways located along West Beechwood Avenue and North Sugar Pine Avenue. Vehicle circulation within the project site would be provided by a network of two-way, 27-foot-wide driveways. The proposed project would include 56 vehicle parking spaces, including two accessible parking stalls, one van accessible parking stall, and six stalls in the future would be designated for electric vehicle charging stations. In addition, the proposed project would provide six bicycle parking spaces, including three long-term bicycle lockers and three short-term bicycle racks. Landscaping As identified above, the proposed project would include approximately 15,626 square feet of landscaped area. Utilities and Infrastructure The project site is located in an urban area and is currently served by existing utilities, including: water, sanitary sewer, storm drainage, electricity, and natural gas infrastructure. Proposed utility connections are discussed below. Water and Wastewater Water supply and wastewater services for the proposed project would be provided by the Pinedale County Water District (PCWD). The proposed project would connect to existing water and wastewater service lines located along North Sugar Pine Avenue and West Beechwood Avenue. Stormwater The Fresno Metropolitan Flood Control District (FMFCD) would provide flood control and urban storm water services to the project site. Stormwater from the project site would be drained through surface drainage infrastructure along North Sugar Pine Avenue and West Beechwood Avenue and redirected southwest of the site towards a nearby ponding basin. Electricity and Natural Gas Electricity and natural gas services to the site are provided by Pacific Gas and Electric Company (PG&E). Existing underground utility connections and gas mains provide electricity and gas to the project site. The proposed project would connect to existing service lines in the vicinity of the project site. Grading and Construction Construction of the proposed project is expected to occur over a period of 12 to 14 months starting in July 2023. As discussed above, the proposed project would include the demolition of two existing on-site structures, totaling 1,387 square feet. Site preparation would include removal of rocks, debris, and vegetation from the project site. Construction of the proposed project would comply with City standards, including the City’s current building code, landscape standards, and lighting standards. In addition, the project site would be graded similar to other developments throughout the City. 7 APPROVALS/PERMITS The following approvals are required by the City of Fresno: • Rezone from Residential Single-Family District (RS-5) to Commercial-General District (CG) • General Plan Amendment • Adoption of the IS/MND • Water connection(s) • Sanitary sewer connection(s) 9. Surrounding land uses and setting: Planned Land Use Existing Zoning Existing Land Use North Public Facility – Elementary School PI (Public and Institutional) Public Facility – Elementary School East Corridor – Center Mixed Use CMX (Corridor/Center Mixed Use) General Heavy Commercial South Residential – Medium Density/ Corridor – Center Mixed Use (immediate parcels) RS-5 (Residential Single Family, Medium Density)/ CMX/EA (Corridor – Center Mixed Use/ Express Way Area) Residential – Medium Density/ General Heavy Commercial West Residential – Medium Density RS-5 (Residential Single- Family, Medium Density) Residential – Medium Density 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): • Pacific Gas & Electric, electrical and natural gas connection • Central Valley Regional Water Quality Control Board Storm Water Pollution Prevention Plan 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code (PRC) Section 21080.3.1? If so, has consultation begun? The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the California Environmental Quality Act (CEQA) Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural 8 landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes. Tribes in California currently have nearly 100 separate reservations or Rancherias. Fresno County has a number of Rancherias such as Table Mountain Rancheria, Millerton Rancheria, Big Sandy Rancheria, Cold Springs Rancheria, and Squaw Valley Rancheria. These Rancherias are not located within the city limits. Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality. Currently, the Table Mountain Rancheria Tribe and the Dumna Wo Wah Tribe have requested to be notified pursuant to Assembly Bill 52 (AB 52). A certified letter was mailed to the above-mentioned tribes on September 19, 2022. The 30-day comment period ended on October 19, 2022. Both tribes did not request consultation. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ☐ Aesthetics ☐ Agriculture and Forestry Resources ☐ Air Quality ☐ Biological Resources ☐ Cultural Resources ☐ Energy ☐ Geology/Soils ☐ Greenhouse Gas Emissions ☐ Hazards and Hazardous Materials ☐ Hydrology/Water Quality ☐ Land Use/Planning ☐ Mineral Resources ☐ Noise ☐ Population/Housing ☐ Public Services ☐ Recreation ☐ Transportation ☐ Tribal Cultural Resources ☐ Utilities/Service Systems ☐ Wildfire ☐ Mandatory Findings of Significance 9 DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ___ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ___ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required. ___ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. ___ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ___________________________________________________________________ Enrique Aponte, Planner II Date EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS: 1.For purposes of this Initial Study, the following answers have the corresponding meanings: a.“No Impact” means the specific impact category does not apply to the project, or that the record sufficiently demonstrates that project specific factors or general standards applicable to the project will result in no impact for the threshold under consideration. b.“Less Than Significant Impact” means there is an impact related to the threshold under consideration, but that impact is less than significant. 12/9/2022 10 c. “Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration, however, with the mitigation incorporated into the project, the impact is less than significant. d. “Potentially Significant Impact” means there is substantial evidence that an effect may be significant related to the threshold under consideration. 2. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 3. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 5. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from, "Earlier Analyses," as described in (6) below, may be cross-referenced). 6. Earlier analyses may be used where, pursuant to the tiering, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. 11 c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 7. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 8. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 9. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significance. 12 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS – Except as provided in PRC Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock out- croppings, and historic buildings within a state scenic highway? X c) In non-urbanized areas, substantially degrade the existing visual character or quality public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X DISCUSSION a) Have a substantial adverse effect on a scenic vista? A scenic vista is generally defined as a public vantage point with an expansive view of a significant landscape feature. An impact on scenic vistas is considered significant if it substantially diminishes, blocks, or impedes an expansive view of a significant landscape feature from a public vantage point. The project site is located in a developed area in the Pinedale community and is not located in an area with expansive or far field views. The proposed project would include the construction of an approximately 11,664-square-foot, 28-foot-tall single-story medical 13 clinic. Adjacent parcels primarily consist of single-family residential and commercial uses and Pinedale Elementary School. There are no significant trees, rock outcroppings, and/or historic buildings located on the subject property that have been identified as important scenic resources or would otherwise constitute significant landscape features. Therefore, the proposed project would not substantially diminish any scenic vistas within or near the project area and would likewise not substantially block or impede surrounding views. Therefore, the proposed project would result in a less-than-significant impact related to a substantial adverse effect on a scenic vista, and no mitigation is required. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no trees, rock outcroppings, and/or historic buildings located on the subject property that have been identified as important scenic resources or would otherwise constitute significant landscape features. Additionally, there are no officially designated State Scenic Highways in the immediate vicinity of the project site. According to the California Department of Transportation (Caltrans) mapping of State Scenic Highways,1 the County of Fresno has one officially designated State Scenic Highways located along State Route (SR-) 180, east of the City of Fresno. Three eligible State Scenic Highways are also located within the County of Fresno, the nearest which is located along SR-168 east of the City of Clovis. Since there are no eligible or officially designated State Scenic Highways within the immediate vicinity of the project site, the project would not impact a designated State Scenic Highway. Furthermore, the eligibility of the three State Scenic Highways, scenic resources located within the highway segments or its viewshed would not be impacted by the proposed project. Therefore, no impact on scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway would occur as a result of the proposed project. No mitigation is required. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? The project site is primarily flat and developed with two existing on-site structures, including a 923-square-foot single-family dwelling unit and a 464-square-foot unattached garage. As identified above, nearby parcels consist mostly of single-family residential and commercial uses and Pinedale Elementary School. The proposed project would include a new single-story medical clinic and although the proposed project would change the visual characteristics of the project site by redeveloping the site, the design of the project would be consistent with the visual character within the project area. The project site is zoned Residential Single-Family Medium Density (RS-5) and would require a General Plan amendment and rezone to General Commercial (CG). However, the character of the 1 California Department of Transportation (Caltrans). Mapping of State Scenic Highways. Website: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i- scenic-highways (accessed May 2022). 14 proposed medical clinic would be compatible with the surrounding uses in the project vicinity. Therefore, the proposed project would not substantially degrade the visual character or quality of the project site and its surroundings, and as a result, a less-than- significant impact would occur. No mitigation is required. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? The project site is located in an urbanized area, which is subject to preexisting exterior lighting from surrounding development and existing street lighting. As described in the Project Description, the proposed project would include new on-site exterior lighting, with approximately 48 new lights on the project site and would install approximately 7,128 square feet of future solar panels on the roof area of the proposed clinic building. As such, the proposed project would introduce new sources of light and glare to the area in the form of exterior lighting and solar panels. As identified above, nearby parcels consist mostly of single-family residential and commercial uses and Pinedale Elementary School; as such, the project area contains many existing sources of nighttime illumination. These include street and parking area lights, security lighting, and exterior lighting on existing residential, commercial, and school buildings. Therefore, new sources of light and glare associated with the project would not be substantial in the context of existing lighting sources. Solar panels can reflect sunlight when the sun is at an angle to the solar panel in relationship to the viewer. However, the reflectance would be temporary and not occur at night. Compliance with California Building Code (Title 24, California Code of Regulations [CCR]) standards would ensure that light and glare impacts from the proposed project would be less than significant. As such, the proposed project would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the surrounding urban area, and impacts would be less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to aesthetics, and no mitigation is required. 15 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monito-ring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non- forest use? X 16 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non-forest use? X DISCUSSION a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The project site is located within an urbanized area of the Pinedale community within the City of Fresno. The project site is classified as “Urban and Built-Up Land” by the California Department of Conservation Farmland Mapping and Monitoring Program (FMMP).2 The development of the project site would not result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use. The proposed project would result in no impact to the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use, and no mitigation is required. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? The project site is designated Residential Single-Family, Medium Density (RS-5). The project site is not zoned for agricultural use and is not subject to a Williamson Act contract. Therefore, development of the proposed project would not conflict with existing zoning for agricultural use or a Williamson Act contract. Therefore, the proposed project would have no impact on existing zoning for agricultural use or a Williamson Act contract, and no mitigation is required. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? 2 California Department of Conservation, 2016. California Important Farmland Finder. Available online at: https://maps.conservation.ca.gov/DLRP/CIFF/ (accessed May 2022). 17 The project site is located within an existing urban area and is zoned within the Residential Single-Family, Medium Density (RS-5) district within the City of Fresno. The project site is not currently used for timberland production, nor is it zoned for forest land or timberland. Therefore, the proposed project would have no impact to existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)), and no mitigation is required. d) Result in the loss of forest land or conversion of forest land to non-forest use? The proposed project would not convert forest land to non-forest use and would result in no impact to the loss or conversion of forest land to a non-forest use, and no mitigation is required. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Please refer to discussions a) and c) of this section. The project site is located within an existing urban environment and would not result in the conversion of farmland to non- agricultural uses or forest land to non-forest uses. Therefore, no impact to changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use would occur, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to agriculture and forestry resources, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 18 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? X b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X c) Expose sensitive receptors to substantial pollutant concentrations? X d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? X DISCUSSION a) Conflict with or obstruct implementation of the applicable air quality plan? The City of Fresno is part of the San Joaquin Valley Air Basin (SJVAB), which is within the jurisdiction of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The SJVAPCD is responsible for air quality regulation within the eight-county San Joaquin Valley region. Both the State and the federal government have established health-based Ambient Air Quality Standards (AAQS) for six criteria air pollutants: carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead, and suspended particulate matter (PM2.5 and PM10). The SJVAB is designated as non-attainment for O3 and PM2.5 for federal standards and non-attainment for O3, PM10, and PM2.5 for State standards. 19 CEQA requires that certain proposed projects be analyzed for consistency with the applicable air quality plan. An air quality plan describes air pollution control strategies to be implemented by a city, county, or region classified as a non-attainment area. The main purpose of the air quality plan is to bring the area into compliance with the requirements of the federal and State air quality standards. To bring the SJVAB into attainment, the SJVAPCD adopted the 2016 Plan for the 2008 8-Hour Ozone Standard in June 2016 to satisfy Clean Air Act requirements and ensure attainment of the 75 parts per billion (ppb) 8-hour ozone standard. To ensure the SJVAB’s continued attainment of the U.S. Environmental Protection Agency (USEPA) PM10 standard, the SJVAPCD adopted the 2007 PM10 Maintenance Plan in September 2007. SJVAPCD Regulation VIII (Fugitive PM10 Prohibitions) is designed to reduce PM10 emissions generated by human activity. The SJVAPCD adopted the 2018 plan for the 1997, 2006, and 2012 PM2.5 standards to address the USEPA federal annual PM2.5 standard of 12 µg/m3, established in 2012. For a project to be consistent with SJVAPCD air quality plans, the pollutants emitted from a project should not exceed the SJVAPCD emission thresholds or cause a significant impact on air quality. In addition, emission reductions achieved through implementation of offset requirements are a major component of the SJVAPCD air quality plans. As discussed below, construction of the proposed project would not result in the generation of criteria air pollutants that would exceed SJVAPCD thresholds of significance. Implementation of Mitigation Measure AIR-1 would further reduce construction dust impacts. As discussed below, long-term operational emissions associated with the proposed project, including area, energy, and mobile source emissions, would also not exceed SJVAPCD established significance thresholds. Therefore, impacts related to the proposed project’s potential to conflict with or obstruct implementation of the applicable air quality plan would be less than significant with mitigation. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? The SJVAB is designated as non-attainment for O3 and PM2.5 for federal standards and non-attainment for O3, PM10, and PM2.5 for State standards. The SJVAPCD’s non- attainment status is attributed to the region’s development history. Past, present, and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in non-attainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant. In developing thresholds of significance for air pollutants, the SJVAPCD considered the emission levels for which a project’s individual emissions would be cumulatively 20 considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. Therefore, additional analysis to assess cumulative impacts is unnecessary. The following analysis assesses the potential project- level construction- and operation-related air quality impacts. Short-Term Construction Emissions. During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by grading, paving, building, and other activities. Emissions from construction equipment are also anticipated and would include CO, NOx, reactive organic gases (ROG), directly emitted particulate matter (PM2.5 and PM10), and toxic air contaminants (TACs) such as diesel exhaust particulate matter. Project construction activities would include demolition, site preparation, grading, building construction, paving, and architectural coating activities. Construction-related effects on air quality from the proposed project would be greatest during the site preparation phase due to the disturbance of soils. If not properly controlled, these activities would temporarily generate particulate emissions. Sources of fugitive dust would include disturbed soils at the construction site. Unless properly controlled, vehicles leaving the site would deposit dirt and mud on local streets, which could be an additional source of airborne dust after it dries. PM10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. PM10 emissions would depend on soil moisture, silt content of soil, wind speed, and the amount of operating equipment. Larger dust particles would settle near the source, while fine particles would be dispersed over greater distances from the construction site. Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more. The SJVAPCD has implemented Regulation VIII measures for reducing fugitive dust emissions (PM10). With the implementation of Regulation VIII measures, fugitive dust emissions from construction activities would not result in adverse air quality impacts. In addition to dust-related PM10 emissions, heavy trucks and construction equipment powered by gasoline and diesel engines would generate CO, SO2, NOx, ROG, and some soot particulate (PM2.5 and PM10) in exhaust emissions. If construction activities were to increase traffic congestion in the area, CO and other emissions from traffic would increase slightly while those vehicles idle in traffic. These emissions would be temporary in nature and limited to the immediate area surrounding the construction site. The SJVAPCD has established construction emissions thresholds on an annual basis as shown in Table 1 below. Construction emissions for the proposed project were analyzed using the California Emissions Estimator Model (CalEEMod) version 2020.4.0. Construction of the proposed project is anticipated to begin in July 2023 and continue for a period or 12 to 14 months, ending in 2024. Other precise details of construction activities are unknown at this time; therefore, default assumptions (e.g., construction worker and 21 truck trips and fleet activities) from CalEEMod were used. Construction-related emissions are presented in Table 1. CalEEMod output sheets are included in Appendix A. Table 1: Project Construction Emissions (Tons per Year) Construction Year ROG NOX CO SOX PM10 PM2.5 2023 0.1 1.2 0.9 <0.1 0.1 0.1 2024 0.1 1.1 0.9 <01 0.1 <0.1 Maximum Annual Construction Emissions 0.1 1.2 0.9 <0.1 0.1 0.1 SJVAPCD Significance Threshold 10.0 10.0 100.0 27.0 15.0 15.0 Exceed Threshold? No No No No No No Source: LSA (May 2022). CO = carbon monoxide NOX = nitrogen oxides PM2.5 = particulate matter less than 2.5 microns in size PM10 = particulate matter less than 10 microns in size ROG = reactive organic gas SJVAPCD = San Joaquin Valley Air Pollution Control District SOX = sulfur oxides As shown in Table 1, construction emissions would not exceed the SJVAPCD threshold for annual construction emissions for the proposed project. In addition to the construction period thresholds of significance, the SJVAPCD has implemented Regulation VIII measures for dust control during construction. These control measures are intended to reduce the amount of PM10 emissions during the construction period. Implementation of the fugitive dust control measures outlined in Mitigation Measure AIR-1 would ensure that the proposed project complies with Regulation VIII and further reduces the short-term construction period air quality impacts. Therefore, with implementation of Mitigation Measure AIR-1, construction of the proposed project would result in a less-than- significant impact related to a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or State AAQS. Long-Term Operational Emissions. Long-term air pollutant emission impacts associated with the proposed project are those related to mobile sources (e.g., vehicle trips), energy sources (e.g., electricity and natural gas), and area sources (e.g., architectural coatings and the use of landscape maintenance equipment). PM10 emissions result from running exhaust, tire and brake wear, and the entrainment of dust into the atmosphere from vehicles traveling on paved roadways. Entrainment of PM10 occurs when vehicle tires pulverize small rocks and pavement and the vehicle wakes generate airborne dust. The contribution of tire and brake wear is small compared to the other PM emission processes. Gasoline-powered engines have small rates of particulate matter emissions compared with diesel-powered vehicles. Energy source emissions result from activities in buildings for which electricity and natural gas are used. The quantity of emissions is the product of usage intensity (i.e., the amount of electricity or natural gas) and the emission factor of the fuel source. Major sources of energy demand include building mechanical systems, such as heating and air conditioning, lighting, and plug-in electronics, such as refrigerators or computers. Greater building or appliance efficiency reduces the amount of energy for a given activity and thus lowers the resultant emissions. The emission factor is determined by the fuel source, with 22 cleaner energy sources, like renewable energy, producing fewer emissions than conventional sources. Typically, area source emissions consist of direct sources of air emissions located at the project site, including architectural coatings and the use of landscape maintenance equipment. Area source emissions associated with the project would include emissions from the use of landscaping equipment and the use of consumer products. Emission estimates for operation of the proposed project were calculated using CalEEMod. Model results are shown in Table 2. Trip generation rates for the proposed project were based on the project’s trip generation estimate, as identified in Section XVII, Transportation. As discussed in Section XVII, Transportation, the proposed project would generate approximately 406 average daily trips. The primary emissions associated with the proposed project are regional in nature, meaning that air pollutants are rapidly dispersed on release or, in the case of vehicle emissions associated with the proposed project; emissions are released in other areas of the Air Basin. The annual emissions associated with project operational trip generation, energy, and area sources are identified in Table 2. Table 2: Project Operation Emissions (Tons per Year) ROG NOX CO SOx PM10 PM2.5 Area Source Emissions 0.1 <0.1 <0.1 0.0 0.0 0.0 Energy Source Emissions <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 Mobile Source Emissions 0.2 0.2 1.4 <0.1 0.3 0.1 Total Project Operation Emissions 0.2 0.3 1.4 <0.1 0.3 0.1 SJVAPCD Significance Threshold 10.0 10.0 100.0 27.0 15.0 15.0 Exceed Threshold? No No No No No No Source: LSA (May 2022). CO = carbon monoxide NOX = nitrogen oxides PM2.5 = particulate matter less than 2.5 microns in size PM10 = particulate matter less than 10 microns in size ROG = reactive organic gas SJVAPCD = San Joaquin Valley Air Pollution Control District SOX = sulfur oxides The results shown in Table 2 indicate the proposed project’s operational emissions would not exceed the significance criteria for annual CO, NOx, ROG, SOx, PM10, or PM2.5 emissions. Therefore, operation of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the proposed project region is in non-attainment under an applicable federal or State AAQS. As a result, impacts would be less than significant with mitigation. c) Expose sensitive receptors to substantial pollutant concentrations? Construction of the proposed project may expose surrounding sensitive receptors to airborne particulates, as well as a small quantity of construction equipment pollutants (i.e., usually diesel-fueled vehicles and equipment). However, construction contractors would be required to implement measures to reduce or eliminate emissions by following the 23 Regulation VIII, Fugitive PM10 Prohibitions as required by Mitigation Measure AIR-1. Project construction emissions would be below the SJVAPCD significance thresholds. Once the proposed project is constructed, the proposed project would not be a significant source of long-term operational emissions. Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations during project operation. Impacts would be less than significant with mitigation. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? During construction, the various diesel-powered vehicles and equipment in use on the site would create localized odors. These odors would be temporary and are not likely to be noticeable for extended periods of time beyond the project site. The potential for diesel odor impacts is therefore considered less than significant. In addition, the proposed uses that would be developed within the project site are not expected to produce any offensive odors that would result in frequent odor complaints. The proposed project would not create objectionable odors affecting a substantial number of people during project construction or operation, and this impact would be less than significant. No mitigation is required. Mitigation Measures Mitigation Measure AIR-1: Consistent with SJVAPCD Regulation VIII (Fugitive PM10 Prohibitions), the following controls are required to be included as specifications for the proposed project and implemented at the construction site: • All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. • When materials are transported off site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) 24 • Following the addition of materials to, or the removal of materials from, the surface of out-door storage piles, said piles shall be effectively stabilized of fugitive dust emission utilizing sufficient water or chemical stabilizer/suppressant. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES – Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X 25 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X DISCUSSION Project Setting. The project site is located along the eastern portion of the San Joaquin Valley floor in the Fresno County in the northeastern quarter of the United States Geological Survey (USGS) Fresno North, California, 7.5-minute topographic quadrangle map (refer to Figure 1). The project site is located within the San Joaquin Valley Sub-region of the California Floristic Province and within the Gates Lake watershed (Hydrologic Unit Code # 180300090701). The project site is flat with almost no topographic variation and is at approximately 350 feet (92 meters) above mean sea level in elevation. There are no natural drainage features, depressional wetlands, or riparian areas present within the project site. Methods. LSA biologists conducted a literature review and records search to identify the existence and potential for occurrence of sensitive or special-status plant and animal species in the vicinity of the project site. Federal and State lists of sensitive species were also examined. Current electronic database records reviewed included the following: • California Natural Diversity Data Base information (CNDDB), which is administered by the California Department of Fish and Wildlife (CDFW), formerly known as the California Department of Fish and Game (CDFG). This database covers sensitive plant and animal species as well as sensitive natural communities that occur in California. Records from nine United States Geological Survey (USGS) quadrangles surrounding the project site (Fresno South, Malaga, Conejo, Caruthers, Raisin, Kearney Park, Herndon, Fresno North, and Clovis) were obtained from this database to inform the field survey. • California Native Plant Society’s (CNPS) Electronic Inventory of Rare and 26 Endangered Vascular Plants, which utilizes four specific categories or “lists” of sensitive plant species to assist with the conservation of rare or endangered botanical resources. All the plants constituting California Rare Plant Ranks (CRPR) 1A, 1B, 2A, and 2B are intended to meet the status definitions of “threatened” or “endangered” in the California Endangered Species Act (CESA) and the California Fish and Game Code and are considered by CNPS to be eligible for State listing. At the discretion of the CEQA lead agency, impacts to these species may be analyzed as such, pursuant to the State CEQA Guidelines Sections 15125(c) and 15380. Plants in Rank 3 (limited information; review list), Rank 4 (limited distribution; watch list), or that are considered Locally Unusual and Significant may be analyzed under CEQA if there is sufficient information to assess potential significant impacts. Records from the nine USGS quadrangles surrounding the project site were obtained from this database to inform the field survey. • United States Fish and Wildlife Service’s (USFWS) Information for Planning and Conservation (IPaC) Online System, which lists all proposed, candidate, threatened, and endangered species managed by the Endangered Species Program of the USFWS that have the potential to occur on or near a particular site. This database also lists all known critical habitats, national wildlife refuges, and migratory birds that could potentially be impacted by activities from a proposed project. An IPaC Trust Resource Report was generated for the project area. • Designated and Proposed USFWS Critical Habitat Polygons were reviewed to determine whether critical habitat has been designated or proposed within or in the vicinity of the project site. • The USFWS National Wetlands Inventory was reviewed to determine whether any wetlands or surface waters of the United States have been previously identified in the survey area. • eBird: eBird is a real-time, online checklist program launched in 2002 by the Cornell Lab of Ornithology and National Audubon Society. It provides rich data sources for basic information on bird abundance and distribution at a variety of spatial and temporal scales. eBird occurrence records within the project site and a 5-mile radius around the project site were reviewed in April 2022. In addition to the databases listed above, historic and current aerial imagery, existing environmental reports for developments in the project vicinity, and local land use policies related to biological resources were reviewed. Field Survey. A general biological survey of the project site was conducted by LSA Biologist Kelly McDonald on April 8, 2022. The project site was surveyed on foot, and all biological resources observed were noted and mapped. The field survey took place on a sunny day with weather conditions conducive to the detection of plant and animal species. 27 Vegetation. The project site is strictly upland in nature with scattered ruderal/invasive plant species and is mostly disturbed/barren ground. No trees or shrubs are present within the site. Ongoing soil disturbance and the resulting competitive exclusion by invasive nonnative plants limit the potential for native flora to occur within the project site. No native or special-status vegetation communities exist within the project site. A total of 10 vascular plant species were identified within the project site during the April 2022 field survey. All 10 plant species represent nonnative taxa, reflecting a high level of disturbance within the project site. Wildlife. A total of three wildlife species were observed, killdeer (Charadrius vociferus), mourning dove (Zenaida macroura), and northern mockingbird (Mimus polyglottos), within the project site. Each of these species commonly occur in and around urban developments. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Special-Status Natural Communities. No special-status natural communities or conservation areas exist within the project site or in adjacent parcels. The project site is completely isolated and distant from all special-status natural communities that occur in the region. Therefore, no special-status natural community would be impacted by the proposed project. Special-Status Plants. Fourteen special-status vascular plant species are known to occur in general project vicinity. No special-status plants have been documented within the project site or in adjacent parcels. The rare plant species that were identified in the literature review have specialized habitat requirements (i.e., they occur on predominantly alkaline soils, woodland, riparian, or wetland habitats, etc.) that do not occur within the project site. Historic anthropogenic disturbances have greatly altered the natural hydrologic regimes and have either eliminated or greatly impacted the pre-settlement habitats needed to support the special-status plant species identified in the CNDDB and CNPS queries. As such, the specific habitats, soil substrates or “micro-climates” necessary for special-status plant species to occur are absent within the boundaries of the project site. Based on site observations coupled with the habitat suitability analysis, no special-status plant species are expected to occur within the project site. It is also unlikely that any source populations exist in adjacent or nearby parcels. Therefore, special-status plants would not be impacted by the proposed project. Special-Status Animals. Thirty-five special-status animal species are known to occur in the region and are considered absent or unlikely to occur on the project site. The historic anthropogenic disturbances within the project site and adjacent parcels (i.e., roads, 28 residential development, etc.) have greatly altered, eliminated, or impacted the pre- settlement habitats needed to support the special-status animal species identified in the CNDDB and USFWS queries. There are no known occurrences of any special-status animal species within the project site, and none were observed during the April 2022 field survey. The project site has the potential to support the ground-nesting and disturbance-tolerant bird species such as killdeer and mourning dove, which were observed within project site during the April 2022 survey. Nearly all native birds are protected by the Federal Migratory Bird Treaty Act, the California Migratory Bird Protection Act, and the California Fish and Game Code. Construction activities that occur during the nesting bird season (typically February 1 through August 31) have potential to result in the mortality/disturbance of nesting birds. If unmitigated or unavoided, potential impacts on nesting birds could be considered potentially significant. However, conducting a pre-construction survey and avoiding disturbance to any active bird nest(s) would ensure that no impacts to protected nesting birds would occur. Therefore, implementation of Mitigation Measures BIO-1 and BIO-2 would effectively mitigate any impacts on special-status species to less-than-significant levels. Critical Habitat. The project site is not located within or adjacent to critical habitat. Therefore, the project would not result in any impacts to critical habitat, and no mitigation is required. Summary. No special-status plant or animal species would be impacted the proposed project. However, the proposed project has potential to impact nesting birds, which are protected under the Migratory Bird Treaty Act and California Fish and Game Code. With implementation of Mitigation Measures BIO-1 and BIO-2 impacts on nesting birds would be avoided and the project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulation by the CDFW or USFWS is present on the site. The project would be constructed within previously disturbed and barren areas surrounded by urban development. Therefore, implementation of the proposed project would have no impact related to a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the CDFW or the USFWS. No mitigation is required. 29 c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? The project site is strictly upland in nature and there are no records of wetlands or potential jurisdictional drainage features existing within the project site or within the vicinity of the project site. There would be no impact on state or federally protected wetlands, and no mitigation is required. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The project site is isolated from natural areas and is surrounded by existing residential developments, roads, and other anthropogenic land uses. Furthermore, the site does not contain habitat that would serve as an important corridor for animals moving locally, regionally, or in broader migrations. The wildlife species that could occur in the project vicinity are adapted to the urban-wildland interface. The noise, vibration, light, dust, or human disturbance within construction areas would only temporarily deter wildlife from using areas in the immediate vicinity of construction activities. These indirect effects could temporarily alter migration behaviors, territories, or foraging habitats in select areas. However, because these are temporary effects, it is likely that wildlife already living and moving in close proximity to urban development would alter their normal functions for the duration of the project construction and then reestablish these functions once all temporary construction effects have been removed. The proposed project would not place any permanent barriers within any known wildlife movement corridors or interfere with habitat connectivity. No adverse effects on wildlife movement are anticipated, and this impact would be less than significant. No mitigation is required. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No sensitive species or habitat are located within the project site. Trees subject to local ordinances are also absent from the project site. Therefore, the project would not conflict with any local policies or ordinances protecting biological resources, and no mitigation is required. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The PG&E San Joaquin Valley Operation and Maintenance (O&M) Habitat Conservation Plan (HCP) was approved in 2007 and covers portions of nine counties, including Fresno County and the City of Fresno. This HCP covers PG&E activities which occur as a result of ongoing O&M that would have an adverse impact on any of the 65 covered species 30 and provides incidental take coverage from the USFWS and CDFW. The project site is not located within a designated HCP reserve area and the project would not impact any covered species. Therefore, the project would not conflict with the provisions of the PG&E HCP or any other regional conservation plan. No mitigation is required. Mitigation Measures Mitigation Measure BIO-1: If project construction activities occur during nesting season (between February 1 and August 31), a qualified biologist shall conduct pre- construction surveys for active bird nests at the project site within 14 days of the onset of these activities. Mitigation Measure BIO-2: Should any active nests be discovered in or near proposed construction zones, the biologist shall identify a suitable construction-free buffer around the nest. This buffer shall be identified with flagging or fencing (or otherwise clearly demarcated) and shall be maintained until the biologist has determined that the nest is no longer active. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c) Disturb any human remains, including those interred outside of formal cemeteries? X 31 DISCUSSION A Cultural Resource Assessment 3 was prepared for the proposed project by Peak & Associates, Inc., which is included as Appendix B. The Cultural Resource Assessment included a records search at the California Historical Resources Information System (CHRIS) Southern San Joaquin Valley Information Center (SSJVIC) to identify prior cultural resource studies and previously recorded cultural resources in the project area, additional background research, and a pedestrian field survey of the project area. The analysis in this Cultural Resources section is based on the results of the Cultural Resource Assessment. a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? A historical resource defined by CEQA includes one or more of the following criteria: 1) the resource is listed, or found eligible for listing in, the California Register of Historical Resources (CRHR); 2) listed in a local register of historical resources as defined by Public Resources Code (PRC) Section 5020.1(k); 3) identified as significant in a historical resources survey meeting the requirements of PRC Section 5024.1(g); or 4) determined to be a historical resource by the project’s lead agency (PRC Section 21084.1; CEQA Guidelines Section 15064.(a)). Under CEQA, historical resources include built- environment resources and archaeological sites. The proposed project would include the demolition of two existing on-site structures, including a 923-square-foot single-family dwelling unit and a 464-square-foot unattached garage at 49 West Fir Street. As discussed in the Cultural Resource Assessment, these buildings are over 50 years of age; therefore, they are recorded and evaluated for significance under the criteria of the California Register of Historical Resources (CRHR). For the purposes of CEQA, an historical resource is a resource listed in, or determined eligible for listing in the California Register of Historical Resources. When a project will impact a site, it needs to be determined whether the site is an historical resource. The criteria are set forth in Section 15064.5(a) (3) of the CEQA Guidelines, and are defined as any resource that does any of the following: A. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; B. Is associated with the lives of persons important in our past; C. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or D. Has yielded, or may be likely to yield, information important in prehistory or history. 3 Peak & Associates, Inc., 2022. Cultural Resource Assessment for the Valley Health Team Project Area, Pinedale, County of Fresno, California. March 3. 32 In addition, the CEQA Guidelines, Section 15064.5(a) (4) states that the fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code section 5020.1(j) or 5024.1. Under CRHR Criterion A, the site must “be associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.” The Cultural Resource Assessment found that the residence and detached garage do not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be associated with persons important in the past. The Cultural Resource Assessment determined that there is no evidence to suggest that the residence and detached garage were ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” As discussed in the Cultural Resource Assessment, Minimal Traditional Style homes represented the one of the most economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s. The Cultural Resource Assessment concluded that the residence at 49 West Fir Avenue is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D, there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be present. As such, based on Criteria A through D, the Cultural Resource Assessment found that the residence and garage do not meet the CRHR criteria to be considered a historical resource. Therefore, the proposed project would not cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5. Impacts would be less than significant. No mitigation is required. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? According to the State CEQA Guidelines, “When a project will impact an archaeological site, a lead agency shall first determine whether the site is an historical resource” (State CEQA Guidelines Section 15064.5(c)(1)). Those archaeological sites that do not qualify as historical resources shall be assessed to determine if these qualify as “unique archaeological resources” (California PRC Section 21083.2). 33 The Cultural Resource Assessment found that there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be present. However, there is a potential for unknown archaeological resources to be discovered during construction. Mitigation Measure CUL-1 requires that if unknown archaeological resources are discovered during construction, work in the area would halt and a qualified archaeologist would be contacted and consulted regarding how to appropriately address the situation. This would minimize or eliminate any potential for an adverse change to the significance of any discovered archaeological resources. Therefore, adherence to the requirements in Mitigation Measure CUL-1 would reduce potential impacts to a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 to less than significant with mitigation. c) Disturb any human remains, including those interred outside of formal cemeteries? Disturbance of human remains interred outside of formal cemeteries would result in a significant impact. As discussed in the Cultural Resource Assessment, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area suspected to overlie adjacent remains until the Fresno County Coroner has determined that the remains are not subject to any provisions of law concerning investigation of the circumstances, manner and cause of death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. If the Fresno County Coroner determines that the remains are not subject to his or her authority and if the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC). After notification, the NAHC will follow the procedures outlined in Public Resources Code Section 5097.98, that include notification of most likely descendants (MLDs), and recommendations for treatment of the remains. The MLDs will have 24 hours after notification by the NAHC to make their recommendations (PRC Section 5097.98). Adherence to the requirements in Mitigation Measure CUL-2 would reduce potential impacts to unknown human remains to less than significant with mitigation. Mitigation Measures Mitigation Measure CUL-1: In the event the event that archaeological resources are identified during project activities, work should be halted immediately within 50 feet of 34 the find until a qualified professional archaeologist is contacted to assess the nature and significance of the find and determine if any additional study or treatment of the find is warranted. The archaeologist should develop proper mitigation measures required for the discovery per California Code of Regulations, Title 14, Chapter 3, Section 15064.5(f). Additional studies could include, but would not be limited to, collection and documentation of artifacts, documentation of the cultural resources on State of California Department of Parks and Recreation Series 523 forms, or subsurface testing. If determined appropriate by the qualified archaeologist, archaeological monitoring should commence and continue until grading and excavation are complete or until the monitoring archaeologist determines, based on field observations and in consultation with the qualified archaeologist, that there is little likelihood of encountering additional archaeological cultural resources. Archaeological monitoring may be reduced from full-time to part-time or spot-checking if determined appropriate by the qualified archaeologist based on monitoring results. Upon completion of any monitoring activities, the archaeologist should prepare a report to document the methods and results of monitoring activities. The final version of this report should be submitted to the Southern San Joaquin Valley Information Center. Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. 35 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. ENERGY – Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? X b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? X DISCUSSION a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? The proposed project would increase the demand for electricity, natural gas, and gasoline. The discussion and analysis provided below is based on data included in the CalEEMod output, which is included in Appendix A. Construction-Period Energy Use. The anticipated construction schedule assumes that the proposed project would be built over approximately 12 to 14 months. The proposed project would require demolition, grading, site preparation, and building activities during construction. Construction of the proposed project would require energy for the manufacture and transportation of construction materials, preparation of the site for demolition and grading activities, and construction of the residences. Petroleum fuels (e.g., diesel and gasoline) would be the primary sources of energy for these activities. Construction activities are not anticipated to result in an inefficient use of energy as gasoline and diesel fuel would be supplied by construction contractors who would conserve the use of their supplies to minimize their costs on the project. Energy usage on the project site during construction would be temporary in nature and would be relatively small in comparison to the State’s available energy sources. Therefore, the proposed project would result in a less-than- significant impact during project construction. Operational Energy Use. Energy use consumed by the proposed project would be associated with natural gas use, electricity consumption, and fuel used for vehicle and 36 truck trips associated with the project. Energy and natural gas consumption was estimated for the project using default energy intensities by land use type in CalEEMod. In addition, the proposed building would be constructed to 2019 Title 24 standards, which was included in CalEEMod inputs. Electricity and natural gas usage estimates associated with the proposed project are shown in Table 3. In addition, the proposed project would result in energy usage associated with gasoline to fuel project-related trips. Based on the CalEEMod analysis, the proposed project would result in approximately 794,624 vehicle miles traveled (VMT) per year. The average fuel economy for light‐duty vehicles (autos, pickups, vans, and SUVs) in the United States has steadily increased from about 14.9 miles per gallon (mpg) in 1980 to 22.9 mpg in 2020.4 Therefore, using the average fuel economy estimates for 2020 the proposed project would result in the consumption of approximately 34,699 gallons of fuel (gasoline and diesel) per year. Table 3 shows the estimated potential increased electricity and natural gas demand, and fuel consumption associated with the proposed project. Table 3: Estimated Annual Energy Use of Proposed Project Land Use Electricity Use (kWh per year) Natural Gas Use (therms per year) Fuel Consumption (gallons per year) Medical Office Building 103,428 1,512 34,699 Parking Lot 7,840 0 0 Total 111,268 1,512 34,699 Source: LSA (May 2022). kWh = kilowatt-hours As shown in Table 3, the estimated potential increased electricity demand associated with the proposed project is 111,268 kilowatt-hours (kWh) per year. In 2020, California consumed approximately 279,510 gigawatt-hours (GWh) or 279,510,007,246 kWh.5 Of this total, Fresno County consumed 8,017 GWh or 8,017,830,742 kWh.6 Therefore, electricity demand associated with the proposed project would only be approximately <0.1 percent of Fresno County’s total electricity demand. The estimated potential increased natural gas demand associated with the proposed project is 1,512 therms per year, as shown in Table 3. In 2020, California consumed approximately 12,331,530,178 therms, while Fresno County consumed approximately 325 million therms or approximately 325,915,257 therms.7 Therefore, natural gas demand associated with the proposed project would only be approximately <0.1 percent of Fresno County’s total natural gas demand. 4 U.S. Department of Transportation (DOT). “Table 4‐23: Average Fuel Efficiency of U.S. Light Duty Vehicles.” Website: https://www.bts.gov/content/average-fuel-efficiency-us-light-duty-vehicles (accessed May 2022). 5 California Energy Commission (CEC), 2021. Energy Consumption Data Management Service. Electricity Consumption by County. Website: www.ecdms.energy.ca.gov/elecbycounty.aspx (accessed May 2022). 6 Ibid. 7 CEC, 2021. Energy Consumption Data Management Service. Gas Consumption by County. Website: www.ecdms.energy.ca.gov/gasbycounty.aspx (accessed May 2022). 37 In addition, the proposed project would result in energy usage associated with gasoline and diesel to fuel project-related trips. As shown above in Table 3, vehicle trips associated with the proposed project would consume approximately 34,699 gallons of fuel per year. Based on fuel consumption obtained from EMFAC2021, approximately 157 million gallons of diesel and approximately 375 million gallons of gasoline will be consumed from vehicle trips in Fresno County in 2022. Therefore, gasoline and diesel fuel demand generated by vehicle trips associated with the proposed project would be a minimal fraction of gasoline and diesel fuel consumption in California. In addition, proposed new development would be constructed using energy efficient modern building materials and construction practices, and the proposed project also would use new modern appliances and equipment, in accordance with the Appliance Efficiency Regulations (Title 20, CCR Sections 1601 through 1608). The expected energy consumption during construction and operation of the proposed project would be consistent with typical usage rates for medical uses. PG&E is the private utility that would supply the proposed project’s electricity and natural gas services. In 2021, a total of 50 percent of PG&E’s delivered electricity came from renewable sources, including solar, wind, geothermal, small hydroelectric and various forms of bioenergy.8 PG&E reached California’s 2020 renewable energy goal in 2017, and is positioned to meet the State’s 60 percent by 2030 renewable energy mandate set forth in Senate Bill (SB) 100. In addition, PG&E plans to continue to provide reliable service to their customers and upgrade their distribution systems as necessary to meet future demand. Therefore, the proposed project would result in a less-than-significant impact during project operation. As such, the proposed project would not result in a potential significant impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation. No mitigation is required. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? In 2002, the Legislature passed Senate Bill 1389, which required the California Energy Commission (CEC) to develop an integrated energy plan every two years for electricity, natural gas, and transportation fuels, for the California Energy Policy Report. The plan calls for the State to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies a number of strategies, including assistance to public agencies and fleet operators in implementing incentive programs for zero emission (ZE) vehicles and their infrastructure needs, and 8 PG&E, 2021. Exploring Clean Energy Solutions. https://www.pge.com/en_US/about-pge/environment/ what-we-are-doing/clean-energy-solutions/clean-energy-solutions.page?WT.mc_id=Vanity_clean energy (accessed May 2022). 38 encouragement of urban designs that reduce VMT and accommodate pedestrian and bicycle access. The most recently CEC adopted energy reports are the 2021 Integrated Energy Policy Report 9 and 2022 Integrated Energy Policy Report Update 10. The Integrated Energy Policy Reports provide the results of the CEC’s assessments of a variety of energy issues facing California. Many of these issues will require action if the State is to meet its climate, energy, air quality, and other environmental goals while maintaining energy reliability and controlling costs. The Integrated Energy Policy Reports cover a broad range of topics, including implementation of Senate Bill 350, integrated resource planning, distributed energy resources, transportation electrification, solutions to increase resiliency in the electricity sector, energy efficiency, transportation electrification, barriers faced by disadvantaged communities, demand response, transmission and landscape-scale planning, the California Energy Demand Preliminary Forecast, the preliminary transportation energy demand forecast, renewable gas (in response to Senate Bill 1383), updates on Southern California electricity reliability, natural gas outlook, and climate adaptation and resiliency. As indicated above, the proposed project would not result in wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Because California’s energy conservation planning actions are conducted at a regional level, and because the proposed project’s total impact to regional energy supplies would be minor, the proposed project would not conflict with California’s energy conservation plans as described in the CEC’s Integrated Energy Policy Reports. Impacts would be less than significant, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to energy, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. GEOLOGY AND SOILS – Would the project: a) Directly or Indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 9 California Energy Commission, 2021. 2021 Integrated Energy Policy Report. California Energy Commission. Docket # 21-IEPR-01. 10 California Energy Commission, 2022. 2022 Integrated Energy Policy Report Update. California Energy Commission. Docket # 22-IEPR-01. 39 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X 40 DISCUSSION a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Fault ruptures are generally expected to occur along active fault traces that have exhibited signs of recent geological movement (i.e., 11,000 years). Alquist- Priolo Earthquake Fault Zones delineate areas around active faults with potential surface fault rupture hazards that would require specific geological investigations prior to approval of certain kinds of development within the delineated area. The project site is not located within an Alquist-Priolo Earthquake Fault Zone. In addition, no known active or potentially active faults or fault traces are located in the project vicinity. The closest active faults are the Nunez Fault, located approximately 56 miles from the project site, and the Ortigalita Fault, located approximately 61 miles from the project site. Due to the distance of these known faults, no people or structures would be exposed to potential substantial adverse effects, including the risk of loss, injury, or death from the rupture of a known earthquake fault as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map. Therefore, a less-than-significant impact related to rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault would occur. No mitigation is required. ii. Strong seismic ground shaking? The City of Fresno is located in an area with historically low to moderate level of seismicity. However, strong ground shaking could occur within the project site during seismic events and occurrences have the possibility to result in significant impacts. Major seismic activity along the Nunez Fault or the Ortigalita Fault, or other associated faults, could affect the project site through seismic ground shaking. Strong seismic ground shaking could potentially cause structural damage to the proposed project. However, due to the distance to the known faults, hazards due to ground shaking would be minimal. In addition, compliance with the California Building Code (Title 24, California Code of Regulations) would ensure that the geotechnical design of the proposed project would reduce potential impacts related to strong seismic ground shaking to a less-than- significant impact. No mitigation is required. 41 iii. Seismic-related ground failure, including liquefaction? Soil liquefaction is a phenomenon primarily associated with saturated soil layers located close to the ground surface. During ground shaking, these soils lose strength and acquire “mobility” sufficient to permit both horizontal and vertical movements. Soils that are most susceptible to liquefaction are clean, loose, uniformly graded, saturated, fine-grained sands that lie relatively close to the ground surface. However, loose sands that contain a significant amount of fines (silt and clay) may also liquefy. Based on the predicted seismic accelerations, and soil and groundwater conditions typically encountered in the region, seismic settlement, lateral spread, and general liquefaction potential is low in the Fresno Planning Area. Furthermore, compliance with the Fresno Municipal Code and the California Building Code would ensure potential impacts associated with seismic-related ground failure would be less than significant. No mitigation is required. iv. Landslides? A landslide generally occurs on relatively steep slopes and/or on slopes underlain by weak materials. The City of Fresno Planning Area is located within an area that consists of mostly flat topography within the Central Valley. Accordingly, there is no risk of large landslides in the majority of the Planning Area. However, there is the potential for landslides and slumping along the steep banks of rivers, such as the San Joaquin River bluff, creeks, drainage basins and the many unlined basins and canals that trend throughout the Planning Area. The project site is located on a relatively flat area and is not located next to any hills or within 300 feet of the San Joaquin River bluff, unlined basins, or canals. Therefore, the potential for the proposed project to expose people or structures to risk as a result of landslides would be less than significant. No mitigation is required. b) Result in substantial soil erosion or the loss of topsoil? The total project site is 1.23 acres, which would be disturbed/developed during proposed grading and construction activities. Grading and earthmoving during project construction has the potential to result in erosion and loss of topsoil. Exposed soils could be entrained in stormwater runoff and transported off the project site. However, this impact would be reduced to a less-than-significant level through compliance with water quality control measures, which include preparation of a Stormwater Pollution Prevention Plan (SWPPP) (refer to Section X, Hydrology and Water Quality). Although designed primarily to protect stormwater quality, the SWPPP would incorporate Best Management Practices (BMPs) to minimize erosion. Additional details regarding the SWPPP are provided in Section X, Hydrology and Water Quality of this Initial Study. Impacts related to substantial soil erosion or the loss of topsoil would be less than significant. No mitigation is required. 42 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? As described in discussion a) in this section, soils on the project site would not be subject to liquefaction, lateral spreading, or landslides. Additionally, the proposed project would be required to conform with the California Building Code, which would reduce risks related to unstable soils. Therefore, the proposed project would have a less-than-significant impact related to the potential to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- site landslide, lateral spreading, subsidence, liquefaction, or collapse. No mitigation is required. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? Expansive soils are characterized by the potential for shrinking and swelling as the moisture content of the soil decreases and increases, respectively. Shrink-swell potential is influenced by the amount and type of clay minerals present and can be measured by the percent change of the soil volume. The project site contains San Joaquin loam, a soil with relatively low clay content and shrink-swell potential.11 Furthermore, compliance with the California Building Code requirements would ensure that geotechnical design of the proposed project would reduce potential impacts related to expansive soils to a less-than- significant level. As such, the risk of expansive soil affecting the proposed project is considered low. Impacts to expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property would be less than significant. No mitigation is required. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Wastewater services for the proposed project would be provided by the PCWD. Development of the proposed project would not involve the use of septic tanks or alternative wastewater disposal systems. Therefore, the proposed project would have no impact related to soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. No mitigation is required. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 11 Natural Resources Conservation Service. Web Soil Survey. Available online at: https://websoilsurvey. sc.egov.usda.gov/App/WebSoilSurvey.aspx (accessed May 2022). 43 No paleontological resources or unique geological features are known to exist within or near the project site, and the proposed project is not expected to alter or destroy a paleontological resource, site, or unique geologic feature. Furthermore, the proposed project would not require excavation to depths that have not already been disturbed by previous construction. Therefore, the proposed project is not expected to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Impacts would be considered less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to geology and soils, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. GREENHOUSE GAS EMISSIONS – Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X DISCUSSION a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Greenhouse gas emissions (GHGs) are present in the atmosphere naturally, and are released by natural sources, or are formed from secondary reactions taking place in the atmosphere. However, over the last 200 years, human activities have caused substantial quantities of GHGs to be released into the atmosphere. These extra emissions are increasing GHG concentrations in the atmosphere, and enhancing the natural greenhouse effect, which is believed to be causing global climate change. The gases that are widely seen as the principal contributors to human-induced global climate change are: • Carbon dioxide (CO2) • Methane (CH4) 44 • Nitrous oxide (N2O) • Hydrofluorocarbons • Perfluorocarbons • Sulfur Hexafluoride Certain gases, such as water vapor, are short-lived in the atmosphere. Others remain in the atmosphere for significant periods of time, contributing to climate change in the long term. Water vapor is excluded from the list of GHGs above because it is short-lived in the atmosphere and its atmospheric concentrations are largely determined by natural processes, such as oceanic evaporation. These gases vary considerably in terms of Global Warming Potential (GWP), which is a concept developed to compare the ability of each GHG to trap heat in the atmosphere relative to another gas. GWP is based on several factors, including the relative effectiveness of a gas to absorb infrared radiation and the length of time that the gas remains in the atmosphere (“atmospheric lifetime”). The GWP of each gas is measured relative to CO2, the most abundant GHG; the definition of GWP for a particular GHG is the ratio of heat trapped by one unit mass of the GHG to the ratio of heat trapped by one unit mass of CO2 over a specified time period. GHG emissions are typically measured in terms of pounds or tons of “CO2 equivalents” (CO2e). The State CEQA Guidelines indicate that a project would normally have a significant adverse green-house gas emission impact if the project would: • Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or • Conflict with an applicable plan, policy, or regulation adopted for the purpose of reduction the emissions of greenhouse gases. Section 15064.4 of the State CEQA Guidelines states that: “A lead agency should make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project.” In performing that analysis, the lead agency has discretion to determine whether to use a model or methodology to quantify GHG emissions, or to rely on a qualitative analysis or performance-based standards. In making a determination as to the significance of potential impacts, the lead agency then considers the extent to which the project may increase or reduce GHG emissions as compared to the existing environmental setting, whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project, and the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. Therefore, consistent with the State CEQA Guidelines, Section 15183.5, if a project is consistent with an adopted qualified Greenhouse Gas Reduction Strategy that meets the standards, it can be presumed that the project would not have significant GHG emission impacts. 45 The City of Fresno’s GHG Reduction Plan was adopted in December 2014 to reduce local community GHG emissions to 1990 levels by the year 2020, consistent with the State objectives set forth in AB 32. The City’s 2014 GHG Reduction Plan meets the requirements for a Qualified Greenhouse Gas Reduction Strategy and is designed to streamline environmental review of future development projects in the City, consistent with State CEQA Guidelines Section 15183.5. The City of Fresno updated its 2014 GHG Reduction Plan in the year 2021 to conform with existing applicable State climate change policies and regulations to reduce local community GHG emissions to 40 percent below 1990 levels by the year 2030, consistent with the State objectives set by SB 32. The GHG Plan Update outlines strategies that the City will undertake to achieve its proportional share of GHG emission reductions. The GHG Reduction Plan Update includes a Consistency Checklist to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to CEQA. This analysis evaluates the proposed project’s consistency with the City’s GHG Reduction Plan Update. The GHG Reduction Plan Update includes a Consistency Checklist to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to CEQA. The City’s GHG Reduction Plan Update has not yet been adopted; however, for purposes of this analysis, the proposed project’s GHG emissions would not be considered a significant impact if the proposed project would be consistent with the City’s GHG Reduction Plan Update. Projects that meet the requirements of the Consistency Checklist will be deemed to be consistent with the Fresno GHG Reduction Plan Update and will be found to have a less- than-significant contribution to cumulative GHG emissions (i.e., the project’s incremental contribution to cumulative GHG effects is not cumulatively considerable), pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). Projects that do not meet the requirements in the Consistency Checklist will be deemed to be inconsistent with the Fresno GHG Reduction Plan Update and must prepare a project-specific analysis of GHG emissions, including quantification of existing and projected GHG emissions and incorporation of the measures in the Consistency Checklist to the extent feasible. In addition, as the proposed project would require a General Plan Amendment and rezone, the GHG Reduction Plan requires the estimated GHG emissions under both the proposed project and the maximum buildout of the existing designation. Based on the existing Residential Single-Family, Medium Density (RS-5) designation, the maximum buildout of the existing designation would be 11 single-family residential units. Table 4 provides a comparison of the estimated CO2e per year from the proposed project’s operational activities under the maximum buildout of the existing single-family homes and the proposed project. 46 Table 4: Comparison of Project and Existing Designation GHG Emissions Emissions Source GHG Emissions (Metric Tons CO2e per Year) Existing Designation Proposed Project Area Source Emissions 10.5 <0.1 Energy Source Emissions 22.4 18.5 Mobile Source Emissions 110.4 292.9 Waste Source Emissions 5.6 63.6 Water Source Emissions 1.5 3.0 Total Operational Emissions 150.4 377.9 Source: LSA (May 2022). CO2e = carbon dioxide equivalents GHG = greenhouse gas As shown in Table 4, the proposed project’s estimated maximum buildout of the existing single-family homes annual GHG emissions is approximately 150.4 metric tons of CO2e and the proposed project’s estimated annual GHG emissions are approximately 377.9 metric tons of CO2e. GHG emissions associated with proposed project would be greater than the estimated project emissions at maximum buildout of the existing designation; however, the proposed project would result in development on an infill site and would provide medical, physical, psychological services in an underserved area of Pinedale resulting in shorter trip lengths and increased access to essential services. In addition, by locating the proposed Valley Health Team facility within the community of Pinedale, it is assumed that patients and visitors would walk to the proposed project. In addition, the proposed project would be located within 1,000 feet of the City of Fresno bus rapid transit system (BRT). Furthermore, it is assumed that telemedicine appointments would account for approximately 25 percent of all appointments. Therefore, the proposed project would support the ability to use alternative modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate means of transportation. Table 5 shows the estimated emissions considering 10 percent bus trips, 25 percent telemedicine appointments, and assuming a two-mile trip length as the community of Pinedale is approximately two square miles. As shown in Table 5, with consideration of reduced vehicle trips and VMT, the proposed project’s estimated annual GHG emissions are approximately 140.3 metric tons of CO2e, which is less than the proposed project’s estimated maximum buildout of the existing single-family homes annual GHG emissions is approximately 150.4 metric tons of CO2e. Table 5: Project GHG Emissions - Reduced Vehicle Trips and Vehicle Miles Traveled Emissions Source GHG Emissions (Metric Tons CO2e per Year) Area Source Emissions <0.1 Energy Source Emissions 18.5 Mobile Source Emissions 55.2 Waste Source Emissions 63.6 Water Source Emissions 3.0 Total Operational Emissions 140.3 Source: LSA (August 2022). CO2e = carbon dioxide equivalents GHG = greenhouse gas 47 In addition, as stated above, the GHG Reduction Plan Update includes a Consistency Checklist to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to CEQA. The project’s Consistency Checklist is included in Appendix C. As shown in the Consistency Checklist, the proposed project would be consistent with the applicable strategies from the GHG Reduction Plan Update. Therefore, the proposed project would not generate GHG emissions, either directly or indirectly, that may have a significant effect on the environment and impacts would be less than significant. No mitigation is required. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The SJVAPCD has adopted a Climate Change Action Plan (CCAP), which includes suggested best performance standards (BPS) for proposed development projects. However, the SJVAPCD’s CCAP was adopted in 2009 and was prepared based on the State’s 2020 GHG targets, which are now superseded by State policies (i.e., the 2019 California Green Building Code) and the 2030 GHG targets, established in SB 32. As discussed above, the proposed project is consistent with the City’s GHG Reduction Plan Update. In addition, the proposed project was analyzed for consistency with the goals of AB 32 and the AB 32 Scoping Plan. The following discussion evaluates the proposed project according to the goals of AB 32, the AB 32 Scoping Plan, Executive Order (EO) B 30 15, SB 32, and AB 197. AB 32 is aimed at reducing GHG emissions to 1990 levels by 2020. AB 32 requires the California Air Resources Board (CARB) to prepare a Scoping Plan that outlines the main State strategies for meeting the 2020 deadline and to reduce GHGs that contribute to global climate change. The AB 32 Scoping Plan has a range of GHG reduction actions, which includes direct regulations, alternative compliance mechanisms, monetary and non-monetary incentives, voluntary actions, market-based mechanisms such as a cap- and-trade system, and an AB 32 implementation fee to fund the program. EO B-30-15 added the immediate target of reducing GHG emissions to 40 percent below 1990 levels by 2030. CARB released a second update to the Scoping Plan, the 2017 Scoping Plan, to reflect the 2030 target set by EO B-30-15 and codified by SB 32. SB 32 affirms the importance of addressing climate change by codifying into statute the GHG emissions reductions target of at least 40 percent below 1990 levels by 2030 contained in EO B-30-15. SB 32 builds on AB 32 and keeps the State on the path toward achieving the 2050 objective of reducing emissions to 80 percent below 1990 levels. The companion bill to SB 32, AB 197, provides additional direction to the CARB related to the adoption of strategies to reduce GHG emissions. Additional direction in AB 197 intended to provide easier public access to air emissions data that are collected by CARB was posted in December 2016. As identified above, the AB 32 Scoping Plan contains GHG reduction measures that work towards reducing GHG emissions, consistent with the targets set by AB 32, EO B-30-15 48 and codified by SB 32 and AB 197. The measures applicable to the proposed project include energy efficiency measures, water conservation and efficiency measures, and transportation and motor vehicle measures, as discussed below. Energy efficient measures are intended to maximize energy efficiency building and appliance standards, pursue additional efficiency efforts including new technologies and new policy and implementation mechanisms, and pursue comparable investment in energy efficiency from all retail providers of electricity in California. In addition, these measures are designed to expand the use of green building practices to reduce the carbon footprint of California’s new and existing inventory of buildings. The proposed project would be required to comply with the latest Title 24 standards of the CCR, established by the CEC, regarding energy conservation and green building standards. Therefore, the proposed project would comply with applicable energy measures. Water conservation and efficiency measures are intended to continue efficiency programs and use cleaner energy sources to move and treat water. Increasing the efficiency of water transport and reducing water use would reduce GHG emissions. As noted above, the proposed project would be required to comply with the latest Title 24 standards of the CCR, which includes a variety of different measures, including reduction of wastewater and water use. In addition, the proposed project would be designed to include drought tolerant landscaping. Therefore, the proposed project would not conflict with any of the water conservation and efficiency measures. The goal of transportation and motor vehicle measures is to develop regional GHG emissions reduction targets for passenger vehicles. The second phase of Pavley standards will reduce GHG emissions from new cars by 34 percent from 2016 levels by 2025, resulting in a 3 percent decrease in average vehicle emissions for all vehicles by 2020. Vehicles traveling to the project site would comply with the Pavley II (LEV III) Advanced Clean Cars Program. Therefore, the proposed project would not conflict with the identified transportation and motor vehicle measures. As such, the proposed project would comply with existing State regulations adopted to achieve the overall GHG emissions reduction goals identified in AB 32 and would be consistent with applicable plans and programs designed to reduce GHG emissions. Therefore, the proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs and impacts would be less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to GHG emissions, and no mitigation is required. 49 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IX. HAZARDS AND HAZARDOUS MATERIAL – Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X 50 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? X DISCUSSION a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Applicable laws and regulations ensure that transport, use, and disposal of hazardous materials do not create a significant hazard to the public or the environment. Therefore, a proposed project’s routine transport, use, or disposal of hazardous materials is potentially significant if unusual circumstances are present, such as an unusually high frequency of use, use of an unusually large amount of hazardous substances, or use of particularly hazardous materials. Construction activities associated with the proposed project would involve the use of limited amounts of potentially hazardous materials, including but not limited to, solvents, paints, fuels, oils, and transmission fluids. However, all materials used during construction would be contained, stored, and handled in compliance with applicable standards and regulations established by the Department of Toxic Substances Control (DTSC), the USEPA, and the Occupational Safety and Health Administration (OSHA). No uses utilizing large amounts of hazardous materials are anticipated to occur within the project site. Project operation would involve the use of small quantities of commercially available hazardous materials (e.g., paint, cleaning supplies) that could be potentially hazardous if handled improperly or ingested. However, these products are not considered acutely hazardous and are not generally considered unsafe. All storage, handling, and disposal of hazardous materials during project construction and operation would comply with applicable standards and regulations. The proposed commercial uses would not generate significant amounts of any hazardous materials. The proposed project would comply with all applicable laws and regulations related to the transport, use, or disposal of hazardous materials and no unusual circumstances are present. Therefore, the proposed project would have a less-than- significant impact to the public or the environment through the routine transport, use, or disposal of hazardous materials, and no mitigation is required. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? See discussion a) above. The proposed project would not result in a significant impact to the hazard to the public or the environment through a reasonably foreseeable upset or 51 accident condition related to the release of hazardous materials. This impact would be considered less than significant. No mitigation is required. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The closest existing school is Pinedale Elementary School, located approximately 60 feet north of the project site. As previously stated, no unusual circumstances are present. The proposed project would not result in the use or emission of substantial quantities of hazardous materials that would pose a human or environmental health risk. In addition, all materials would be handled, stored, and disposed of in accordance with applicable standards and regulations. Therefore, because the proposed project does not involve activities that would result in the emission of hazardous materials or acutely hazardous substances, implementation of the proposed project would result in a less-than-significant impact related to the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No mitigation is required. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? According to the DTSC EnviroStor database,12 the project site is not located on a federal superfund site, State response site, voluntary cleanup site, school cleanup site, evaluation site, school investigation site, military evaluation site, tiered permit site, or corrective action site. Additionally, the project site is not included on the list of hazardous waste sites compiled pursuant to Government Code Section 65962.5.13 As a result, no hazards to the public or environment are anticipated, and there would be no impact. No mitigation is required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The nearest airports include the Sierra Sky Park Airport, located approximately 4.1 miles west of the project site, the Fresno Yosemite International Airport, located approximately 5.2 miles southeast of the project site, and the Fresno Chandler Executive Airport, located approximately 7.4 miles southwest of the project site. In addition, the nearest medical center helipads include the Saint Agnes Medical Center, located 1.5 miles southeast of 12 California Department of Toxic Substances Control, 2007. EnviroStor. Available online at: https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=fresno (accessed November May 2022). 13 California Environmental Protection Agency, 2018. Government Code Section 65962.5(a) Hazardous Waste and Substances Site List. https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/ (accessed May 2022). 52 the project site, and the Valley Children’s Hospital located approximately 3.1 miles northwest of the project site.14 Although the project site is within 2 miles of the Saint Agnes Medical Center heliport, operations at this facility and other local airports are not expected to pose a safety hazard to people working or visiting the project site. Therefore, the proposed project would result in a less-than-significant impact related to a safety hazard for people residing or working in the project area. No mitigation is required. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The proposed project would not result in any alterations of existing roadways. Therefore, the proposed project would not interfere with the implementation of or physically interfere with any adopted emergency response plans or emergency evacuation plan, and this impact would be less than significant. No mitigation is required. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Wildland fires occur in geographic areas that contain the types and conditions of vegetation, topography, weather, and structure density susceptible to risks associated with uncontrolled fires that can be started by lightning, improperly managed campfires, cigarettes, sparks from automobiles, and other ignition sources. According to the California Department of Forestry and Fire Protection (CAL FIRE) Very High Fire Hazard Severity Zone (VHFHSZ) Map for Fresno County, the project site is not located within a High or Very High Fire Hazard Severity Zone.15 Therefore, the proposed project would not expose people or structures to a significant loss, injury or death involving wildland fires and the impacts would be less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to hazards and hazardous materials, and no mitigation is required. 14 California Department of Transportation (Caltrans), 2019. Caltrans HeliPlates. Available online at: https://heliplates.dot.ca.gov/# (accessed June 2022). 15 Cal Fire, 2007. Fresno County Fire Hazard Severity Zones in LRA. Kune. Available online at: https://osfm.fire.ca.gov/media/6673/fhszl06_1_map10.pdf (accessed November 24, 2021). 53 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact X. HYDROLOGY AND WATER QUALITY – Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? X b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i) Result in a substantial erosion or siltation on- or off-site; X ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site: X iii) 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; or X iv) impede or redirect flood flows? X d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X 54 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X DISCUSSION a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? The State Water Resources Control Board and nine Regional Water Quality Control Boards regulate the water quality of surface water and groundwater bodies throughout California. The proposed project is within the jurisdiction of the Central Valley Regional Water Quality Control Board (RWQCB). Construction. Pollutants of concern during construction include sediments, trash, petroleum products, concrete waste (dry and wet), sanitary waste, and chemicals. During project construction, there would be an increased potential to expose soils to wind and water erosion, which could result in temporary minimal increases in sediment load in nearby water bodies. Because the project would disturb greater than 1 acre of soil, it is required to comply with the State Water Resources Control Board’s National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, as amended by 2010-0014-DWG and 2012-0006-DWQ, NPDES No. CAS000002) (Construction General Permit). The project is also subject to Article 7, Urban Storm Water Quality Management and Discharge Control, Section 6-714, Requirement to Prevent, Control, and Reduce Storm Water Pollutants of the City’s Municipal Code. The Construction General Permit requires the preparation of a Storm Water Pollution Prevention Plan (SWPPP) and implement Construction Best Management Practices (BMPs). Construction BMPs would include, but not be limited to, erosion and sediment control, designed to minimize erosion and retain sediment on site, and good housekeeping practices to prevent spills, leaks, and discharge of construction debris and waste into receiving waters. Section 6-714 of the City’s Municipal Code also requires the implementation of BMPs to the maximum extent technologically and economically feasible to prevent and reduce pollutants from entering stormwater during construction. Therefore, adherence to the required SWPPP and the City’s Municipal Code and implementation of construction BMPs, would reduce the potential for the discharge of pollutants into nearby water bodies during construction and impacts associated with the 55 violation of water quality standards or waste discharge requirements would be less than significant. During construction, it is likely that dewatering would be required. If groundwater is encountered during construction, the project would be required to obtain coverage under the California Regional Water Quality Control Board Central Valley Region National Pollution Discharge Elimination System Waste Discharge Requirements Limited Threat Discharges to Surface Water (Order R5-2022-0006, NPDES No. CAG995002). With adherence to the Waste Discharge Requirements pertaining to Limited Threat Discharges to Surface Water, project construction would not violate groundwater quality standards or waste discharge requirements and impacts would be less than significant. Operation. Operation of the proposed project could result in surface water pollution associated with chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and waste that may be spilled or leaked and have the potential to be transported via runoff during periods of heavy precipitation into nearby water bodies. The City of Fresno operates under the California Regional Water Quality Control Board Central Valley Regional National Pollutant Discharge Elimination System Permit and Waste Discharge Requirements General Permit for Discharges from Municipal Separate Storm Sewer Systems (MS4) (Order No. R5-2016-0040-014, NPDES No. CAS0085324). Consistent with the City of Fresno’s MS4 Permit, the project would implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines. If applicable, the project would also be subject to the Statewide General Permit for Stormwater Discharges Associated with Industrial Activities (Order 2014-0057-DWQ as amended in 2015 and 2018) (Industrial General Permit) and would be required to develop and implement a storm water pollution prevention plan, eliminate non-stormwater discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test if for pollutant indicators, and submit an annual report to the State Water Resources Control Board. Adherence to the City of Fresno’s MS4 Permit, including implementation of the Stormwater Management Post-Construction Guidelines, as specified in the Industrial General Permit, would reduce the potential for the discharge of pollutants during project operations and impacts associated with the violation of water quality standards or waste discharge requirements would be less than significant. Infiltration of stormwater could have the potential to affect groundwater quality. The majority of the project site would be impervious surface; and therefore, it is not expected that stormwater would infiltrate during project operations. Because stormwater would be collected and diverted to the storm drain system, there is not a direct path for pollutants to reach groundwater. Therefore, project operations would not violate groundwater quality standards or waste discharge requirements and impacts would be less than significant. 56 Conclusion. The proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Therefore, the project’s impacts would be less than significant. No mitigation is required. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Water supply for the proposed project would be provided by PCWD. The PCWD service area encompasses nearly 1,270 acres or 2 square miles, in both the City of Fresno and unincorporated Fresno County. PCWD provides water to 2,400 residential and 550 commercial accounts. PCWD delivers water through wells dispersed across the district. Presently, demands only require the district to run three wells of the five wells; the other two are on standby. PCWD does have other wells; however, these wells are currently offline because of trichloroethylene contamination. As undeveloped lands within the district urbanize one of the standby wells will serve as the water source for the added demand.16 Temporary dewatering from excavations could be necessary during construction. Construction-related dewatering would be temporary and limited to the area of excavations on the project site and would not substantially contribute to depletion of groundwater supplies. Operation of the project would not require groundwater extraction. Following project implementation, there would be a minor increase in impervious surface area. An increase in impervious surface area decreases infiltration, which can decrease the amount of water that is able to recharge the aquifer/groundwater. However, the small increase in impervious area would not substantially decrease any infiltration that currently may occur on the site. Therefore, the project would not impede the Central Valley Regional Water Quality Control Board’s ability to manage groundwater. Thus, this project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that the project would impede sustainable management of the Kings Subbasin. Impacts would be less than significant, and no mitigation is required. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i. Result in substantial erosion or siltation on- or off-site? During construction, excavated soil would be exposed and disturbed, drainage patterns would be temporarily altered, and there would be an increased potential for soil erosion and sedimentation compared to existing conditions. Additionally, 16 Pinedale County Water District, n.d. About Us. Available online: https://pcwdonline.com/index.php? option=com_content&view=article&id=15&Itemid=16 (accessed August 2022). 57 during a storm event, soil erosion and siltation could occur at an accelerated rate. As discussed previously, the Construction General Permit requires preparation of a SWPPP to identify construction BMPs to be implemented as part of the project to reduce impacts to water quality during construction, including those impacts associated with soil erosion and siltation. With compliance with the requirements in the Construction General Permit and implementation of the construction BMPs, and with compliance with the City’s Municipal Code, construction impacts related to on- or off-site erosion or siltation would be less than significant. The project would increase the amount of impervious surface, which would increase the volume of runoff during a storm, and which can more effectively transport sediments to receiving waters. At project completion, much of the project site would be impervious surface area and not prone to on-site erosion or siltation because no exposed soil would be present in these areas. The remaining portion of the site would consist of pervious surface area, which would contain landscaping that would minimize on-site erosion and siltation by stabilizing the soil. Additionally, the project applicant would be required to establish and maintain existing drainage patterns. Therefore, the proposed project would not alter the existing drainage pattern of the site or increase the rate or amount of surface runoff in a manner that would result in an impact related to substantial erosion or siltation on- or off-site. Compliance with existing regulatory requirements would reduce or eliminate the proposed project’s potential to substantially alter the existing drainage pattern of the site. Impacts would be less than significant and no mitigation is required. ii. Substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? During construction, soil would be disturbed and compacted, and drainage patterns would be temporarily altered, which can increase the volume and velocity of stormwater runoff and increase the potential for localized flooding compared to existing conditions. As discussed above, the Construction General Permit requires the preparation of a SWPPP and implementation of construction BMPs to control and direct surface runoff on site. With adherence to the Construction General Permit, construction impacts related to altering the existing drainage pattern of the site or area or increase the rate or amount of surface runoff in a manner that would result in flooding on site or off site would be less than significant. While the project would permanently increase the impervious surface area, the project would be required to direct drainage towards Fir Avenue, Sugar Pine Avenue and/or Beechwood Avenue. In addition, prior to final development approval, the project applicant shall submit a Grading Plan and Drainage Report to the FMFCD for review and approval. According to the City’s preliminary review, permanent drainage service is available for the project area, provided that the project applicant can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet. The FMFCD existing Master Plan drainage 58 system is designed to serve medium density residential uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed commercial land use. As such, the project applicant would be required to mitigate the impacts of the increased runoff from the proposed commercial land use to a rate that would be expected if developed to medium density residential. As required by HYDRO-1, the project applicant would mitigate the increased runoff by either making improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the project applicant choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development to a two-year discharge, which would be produced by the property if developed medium density residential. Additionally, the project applicant would be required to pay for all necessary improvement costs. With implementation of Mitigation Measure HYDRO-1, the project would not alter the existing drainage pattern of the site or area or increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site and impacts would be considered less than significant with mitigation incorporated. iii. 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? Construction. The proposed project would result in an increase in impervious surfaces given that the project site would be mostly built out aside from planting areas located in the parking lot and the perimeter of the project site. However, compliance with pre-existing regulatory requirements, including compliance with the Construction General Permit and implementation of a SWPPP, would reduce or eliminate the potential for project construction to cause substantial additional polluted runoff or runoff in excess of existing or planned stormwater drainage systems. Therefore, construction would not result in additional sources of polluted runoff to be discharged to the storm drain system and impacts would be less than significant. No mitigation is required. Operations. As discussed above, the proposed project would result in a minimal increase in impervious surfaces and therefore would not substantially increase runoff from the site. However, compliance with existing regulatory requirements, including the MS4, as specified in the Industrial General Permit, would reduce or eliminate the potential for project operations to cause substantial additional polluted runoff or runoff in excess of existing or planned stormwater drainage systems. Therefore, project operations would not result in additional sources of polluted runoff to be discharged to the storm drain system and impacts would be less than significant. No mitigation is required. 59 iv. Impede or redirect flood flows? The proposed project is not located within the 100-year flood hazard area as mapped by the Federal Emergency Management Agency (FEMA).17 Therefore, the proposed project would not impede or redirect potential flood flows, and the proposed project would have no impact. No mitigation is required. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? The project site is not located in flood hazard, tsunami, or seiche zones. Refer to discussion a) in Section IX, Hazards and Hazardous Materials regarding the use of hazardous materials within the project site. As a result, a less-than-significant impact would occur related to the release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones. No mitigation is required. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Water supply for the proposed project would be provided by PCWD, which provides water through wells dispersed across the district. Presently, demands only require the district to run three wells of the five wells; the other two are on standby. PCWD does have other wells; however, these wells are currently offline because of trichloroethylene contamination. As undeveloped lands within the district urbanize one of the standby wells will serve as the water source for the added demand.18 In addition, as noted above, the proposed project would be required to adhere to NPDES drainage control requirements during construction and operation as well as to FMFCD drainage control requirements. As a result, the proposed project would not include any other waste discharges that could conflict with a water quality control plan or sustainable groundwater management plan. Therefore, the proposed project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan and impacts would be less than significant. No mitigation is required. Mitigation Measures Mitigation Measure HYDRO-1: The project applicant shall mitigate the increased runoff associated with the proposed project by either making improvements to the existing pipeline system to provide additional capacity or use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the project applicant choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development to a two-year discharge, which would be produced by the property if developed medium density residential. 17 Federal Emergency Management Agency, 2020. FEMA Flood Map Service Center: Search By Address. Available online at: https://msc.fema.gov/portal/search?AddressQuery#searchresultsanchor (accessed May 2022). 18 Pinedale County Water District, n.d. Op. cit. 60 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XI. LAND USE AND PLANNING – Would the project: a) Physically divide an established community? X b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? X DISCUSSION a) Physically divide an established community? The physical division of an established community typically refers to the construction of a physical feature (such as an interstate highway or railroad tracks) or removal of a means of access (such as a local road or bridge) that would impair mobility within an existing community, or between a community and outlying areas. For instance, the construction of an interstate highway through an existing community may constrain travel from one side of the community to another; similarly, such construction may also impair travel to areas outside of the community. The proposed project would consist of the development of an approximately 11,664- square-foot, 28-foot-tall single-story medical clinic, and associated circulation, parking, and infrastructure improvements. Adjacent parcels primarily consist of single-family, residential, commercial uses and Pinedale Elementary School. The proposed project would not construct features that would divide an established community or remove means of access that would impair mobility in a community. Therefore, the proposed project would have no impact related to physically dividing an established community, and no mitigation is required. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The project site is designated Medium Density Residential in the City of Fresno General Plan. This land use designation covers developments of 5 to 12 units per acre and is 61 intended for areas with predominantly single-family residential development, but can also accommodate a mix of housing types, including small-lot starter homes, zero-lot line developments, duplexes, and townhouses. Much of the City’s established neighborhoods fall within this designation. The project site is zoned Residential Single-Family, Medium Density (RS-5), which is intended to provide for a variety of single-family residences built to urban or suburban standards to suit a spectrum of individual lifestyles and needs, and to ensure availability throughout the city of the range of housing types necessary for all segments of the community, consistent with densities established in the General Plan. The proposed project would require a General Plan amendment and rezone to General Commercial (CG). General Plan The City’s General Plan is the fundamental policy document of the City of Fresno. Within the General Plan, the Urban Form, Land Use, and Design Element is the principal document guiding land use and development within the City. As identified above, without a General Plan amendment, the proposed project is inconsistent with the policies of the General Plan as they pertain to the existing Office designation. The proposed project would amend the General Plan to General Commercial. The General Commercial district is intended for a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential adverse impacts on other uses. Development such as strip malls fall into this designation. Examples of allowable uses include building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. The maximum floor area ratio (FAR) is 2.0. The proposed project would be consistent with applicable Urban Form, Land Use, and Design Element policies: • Implementing Policy LU-2-a: Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. • Implementing Policy LU-5-g: Scale and Character of New Development. Allow new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes. As described above, the project site is located in a primarily developed area of Fresno. The project site is primarily flat and developed with two existing on-site structures, 62 including a 923-square-foot single-family dwelling unit and a 464-square-foot unattached garage. As identified above, nearby parcels consist mostly of single-family residential and commercial uses and Pinedale Elementary School. The proposed project would include a new single-story medical clinic and although the proposed project would change the visual characteristics of the project site by developing the site, the design of the project would be consistent with the visual character within the project area. In addition, the proposed project would result in a more intensive land use on an infill site and would provide medical, physical, psychological services in an underserved area of Pinedale. In addition, by locating the proposed Valley Health Team facility within the community of Pinedale, it is would allow for patients and visitors to walk to the proposed project by utilizing an integrated pedestrian circulation system. Additionally, vehicle routes would be easily accessible to the site from the surrounding areas. Therefore, the proposed project would be consistent with Implementing Policy LU-2-a and Implementing Policy LU-5-g. Zoning Code The current zoning for the project site is Residential Single-Family, Medium Density (RS-5); however, the proposed project would require a rezone to General Commercial (CG). This zoning district is intended to accommodate a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses. Examples of allowable uses include: building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized. As discussed above, the proposed project would include a new single-story medical clinic on an infill site and would provide medical, physical, psychological services in an underserved area of Pinedale. Therefore, the proposed project would be consistent with the intent of the General Commercial (CG) zoning district. Summary Although the proposed project would require a General Plan Amendment and Rezone Change, the project applicant would be required to comply with all of the City’s associated requirements and fees. In addition, the proposed project would be consistent with the General Commercial (CG) designation. Therefore, the proposed project would be consistent with proposed General Plan and zoning designations and would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. This impact would be less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to land use and planning, and no mitigation is required. 63 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XII. MINERAL RESOURCES – Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X DISCUSSION a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? The project site is located within an urban area on a previously developed site. There are no known mineral resources within or in the vicinity of the project site. The principal area for mineral resources in the City of Fresno Planning Area is located along the San Joaquin River Corridor. The California Department of Mines and Geology classifies lands along the San Joaquin River Corridor as Mineral Resource Zones (MRZ) 1, MRZ-2, and MRZ- 3. The project site is not located in the vicinity of the San Joaquin River Corridor and does not contain mineral resources. Furthermore, no mineral extraction operations occur in the project vicinity. Therefore, the proposed project would not result in the loss of availability of known mineral resources, would result in no impact. No mitigation is required. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Please refer to the discussion for a). The proposed project would not result in the loss of availability of any known locally important mineral resource recovery sites. Therefore, the proposed project would result in no impact. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to mineral resources, and no mitigation is required. 64 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIII. NOISE – Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Generation of excessive groundborne vibration or groundborne noise levels? X c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X DISCUSSION a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? Noise is usually defined as unwanted sound. Noise consists of any sound that may produce physiological or psychological damage and/or interfere with communication, work, rest, recreation, or sleep. Several noise measurement scales exist that are used to describe noise in a particular location. A decibel (dB) is a unit of measurement that indicates the relative intensity of a sound. Sound levels in dB are calculated on a logarithmic basis. An increase of 10 dB represents a 10-fold increase in acoustic energy, while 20 dB is 100 times more intense and 30 dB is 1,000 times more intense. Each 10 dB increase in sound level is perceived as approximately a doubling of loudness; and similarly, each 10 dB decrease in sound level is perceived as half as loud. Sound intensity is normally measured through the A-weighted sound level (dBA). This scale gives greater 65 weight to the frequencies of sound to which the human ear is most sensitive. The A- weighted sound level is the basis for 24-hour sound measurements that better represent human sensitivity to sound at night. As noise spreads from a source, it loses energy so that the farther away the noise receiver is from the noise source, the lower the perceived noise level would be. Geometric spreading causes the sound level to attenuate or be reduced, resulting in a 6 dB reduction in the noise level for each doubling of distance from a single point source of noise to the noise sensitive receptor of concern. There are many ways to rate noise for various time periods, but an appropriate rating of ambient noise affecting humans also accounts for the annoying effects of sound. Equivalent continuous sound level (Leq) is the total sound energy of time-varying noise over a sample period. However, the predominant rating scales for human communities in the State of California are the Leq, the community noise equivalent level (CNEL), and the day-night average level (Ldn) based on dBA. CNEL is the time varying noise over a 24- hour period, with a 5 dBA weighting factor applied to the hourly Leq for noises occurring from 7:00 p.m. to 10:00 p.m. (defined as relaxation hours) and 10 dBA weighting factor applied to noise occurring from 10:00 p.m. to 7:00 a.m. (defined as sleeping hours). Ldn is similar to the CNEL scale, but without the adjustment for events occurring during the evening relaxation hours. CNEL and Ldn are within one dBA of each other and are normally exchangeable. The noise adjustments are added to the noise events occurring during the more sensitive hours. A project would have a significant noise effect if it would substantially increase the ambient noise levels for adjoining areas or conflict with adopted environmental plans and goals of applicable regulatory agencies, including, as appropriate, the City of Fresno. The City of Fresno addresses noise in the Noise Element of the General Plan and in Chapter 10, Article 1 (Noise Regulations), of the Fresno Municipal Code. Listed below are objectives and policies related to noise that are presented in the Noise Element of the General Plan. In addition, the Noise Element sets noise standards for transportation and stationary noise sources as shown in Table 6 and Table 7, below. 66 Table 6: Transportation (Non-Aircraft) Noise Sources Noise-Sensitive Land Use1 Outdoor Activity Areas2 Interior Spaces Ldn/CNEL, dB Ldn/CNEL, dB Leq dB2 Residential 65 45 - Transient Lodging 65 45 - Hospitals, Nursing Homes 65 45 - Theaters, Auditoriums, Music Halls - - 35 Churches, Meeting Halls 65 - 45 Office Buildings - - 45 Schools, Libraries, Museums - - 45 Source: City of Fresno General Plan (2014). 1 Where the location of outdoor activity areas is unknown or is not applicable, the exterior noise level standard shall be applied to the property line of the receiving land use. 2 As determined for a typical worst-case hour during periods of use. CNEL = community noise equivalent level dB = decibel(s) Ldn = day-night average noise level Leq = equivalent continuous sound level Table 7: Stationary Noise Sources Daytime (7:00 a.m. to 10:00 p.m.) Nighttime (10:00 p.m. to 7:00 a.m.) Hourly Equivalent Sound Level (Leq), dBA 50 45 Maximum Sound Level (Lmax), dBA 70 60 Source: City of Fresno General Plan (2014). 1 The Planning and Development Director, on a case-by-case basis, may designate land uses other than those shown in this table to be noise-sensitive, and may require appropriate noise mitigation measures. 2 As determined at outdoor activity areas. Where the location of outdoor activity areas is unknown or not applicable, the noise exposure standard shall be applied at the property line of the receiving land use. When ambient noise levels exceed or equal the levels in this table, mitigation shall only be required to limit noise to the ambient plus five dB. dB = decibel(s) dBA = A-weighted decibel(s) Ldn = day-night average noise level Leq = equivalent continuous sound level Lmax = maximum A-weighted sound level • Policy NS-1-a: Desirable and Generally Acceptable Exterior Noise Environment. Establish 65 dBA Ldn or CNEL as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise-sensitive uses for noise, but designate 60 dBA Ldn or CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise-sensitive uses. Maintain 65 dBA Ldn or CNEL as the maximum average exterior noise levels for non-sensitive commercial land uses, and maintain 70 dBA Ldn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties. • Policy NS-1-c: Generally Unacceptable Exterior Noise Exposure Range. Establish the exterior noise exposure of greater than 65 dB Ldn or CNEL to be 67 generally unacceptable for residential and other noise sensitive uses for noise generated by sources in Policy NS-1-a, and study alternative less noise- sensitive uses for these areas if otherwise appropriate. Require appropriate noise reducing mitigation measures as determined by a site-specific acoustical analysis to comply with the generally desirable or generally acceptable exterior noise level and the required 45 dB interior noise level standards set in Table 6 as conditions of permit approval. • Policy NS-1-g: Noise mitigation measures which help achieve the noise level targets of this plan include, but are not limited to, the following: o Façades with substantial weight and insulation; o Installation of sound-rated windows for primary sleeping and activity areas; o Installation of sound-rated doors for all exterior entries at primary sleeping and activity areas; o Greater building setbacks and exterior barriers; o Acoustic baffling of vents for chimneys, attic and gable ends; o Installation of mechanical ventilation systems that provide fresh air under closed window conditions. • NS-1-i Mitigation by New Development. Require an acoustical analysis where new development of industrial, commercial, or other noise generating land uses (including transportation facilities such as roadways, railroads, and airports) may result in noise levels that exceed the noise level exposure criteria established by Tables 6 and 7 to determine impacts, and require developers to mitigate these impacts in conformance with Tables 6 and 7 as a condition of permit approval through appropriate means. Noise mitigation measures may include: o The screening of noise sources such as parking and loading facilities, outdoor activities, and mechanical equipment; o Providing increased setbacks for noise sources from adjacent dwellings; o Installation of walls and landscaping that serve as noise buffers; o Installation of soundproofing materials and double-glazed windows; and o Regulating operations, such as hours of operation, including deliveries and trash pickup. Alternative acoustical designs that achieve the prescribed noise level reduction may be approved by the City, provided a qualified Acoustical Consultant submits information demonstrating that the alternative designs will achieve and maintain the specific targets for outdoor activity areas and interior spaces. As 68 a last resort, developers may propose to construct noise walls along roadways when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility, with no City funding. • Policy NS-1-j: Significance Threshold. Establish, as a threshold of significance for the City’s environmental review process, that a significant increase in ambient noise levels is assumed if the project would increase noise levels in the immediate vicinity by 3 dB Ldn or CNEL or more above the ambient noise limits established in this General Plan Update. Chapter 10, Article 1 (Noise Regulations), of the Fresno Municipal Code establishes excessive noise guidelines and exemptions. Section 10-109 states that construction noise is exempted from City noise regulations provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday. Certain land uses are considered more sensitive to noise than others. Examples of these land uses include residential areas, educational facilities, hospitals, childcare facilities, and senior housing. Adjacent parcels primarily consist of single-family residential and commercial uses and Pinedale Elementary School. The closest sensitive receptors include single-family residences located directly adjacent to the western border of the project site, Pinedale Elementary school located approximately 60 feet north of the project site across West Fir Avenue, and single-family residences located approximately 60 feet south of the project site across West Beechwood Avenue. The following section describes how the short-term construction and long-term operational noise impacts of the proposed project would be less than significant with mitigation. Short-Term (Construction) Noise Impacts. Project construction would result in short- term noise impacts on the nearby sensitive receptors. Maximum construction noise would be short-term, generally intermittent depending on the construction phase, and variable depending on receiver distance from the active construction zone. The duration of noise impacts generally would be from one day to several days depending on the phase of construction. The level and types of noise impacts that would occur during construction are described below. Short-term noise impacts would occur during grading and site preparation activities. Table 8 lists typical construction equipment noise levels (Lmax) recommended for noise impact assessments, based on a distance of 50 feet between the equipment and a noise receptor, obtained from the Federal Highway Administration (FHWA) Roadway Construction Noise Model. Construction-related short-term noise levels would be higher than existing ambient noise levels currently in the project area but would no longer occur once construction of the proposed project is completed. Two types of short-term noise impacts could occur during construction of the proposed project. The first type involves construction crew commutes and the transport of construction equipment and materials to the site, which would incrementally increase 69 noise levels on roads leading to the site. As shown in Table 8, there would be a relatively high single-event noise exposure potential at a maximum level of 84 dBA Lmax with trucks passing at 50 feet. The second type of short-term noise impact is related to noise generated during grading and construction on the project site. Construction is performed in discrete steps, or phases, each with its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated on site. Therefore, the noise levels vary as construction progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction-related noise ranges to be categorized by work phase. Table 8: Typical Construction Equipment Noise Levels Equipment Description Acoustical Usage Factor (%) Maximum Noise Level (Lmax) at 50 Feet1 Backhoes 40 80 Compactor (ground) 20 80 Compressor 40 80 Cranes 16 85 Dozers 40 85 Dump Trucks 40 84 Excavators 40 85 Flat Bed Trucks 40 84 Forklift 20 85 Front-end Loaders 40 80 Graders 40 85 Impact Pile Drivers 20 95 Jackhammers 20 85 Pick-up Truck 40 55 Pneumatic Tools 50 85 Pumps 50 77 Rock Drills 20 85 Rollers 20 85 Scrapers 40 85 Tractors 40 84 Welder 40 73 Source: Roadway Construction Noise Model (FHWA 2006). Note: Noise levels reported in this table are rounded to the nearest whole number. 1 Maximum noise levels were developed based on Spec 721.560 from the Central Artery/Tunnel (CA/T) program to be consistent with the City of Boston’s Noise Code for the “Big Dig” project. Lmax = maximum instantaneous sound level Table 8 lists maximum noise levels recommended for noise impact assessments for typical construction equipment, based on a distance of 50 feet between the equipment and a noise receptor. Typical noise levels range up to 88 dBA Lmax at 50 feet during the noisiest construction phases. The site preparation phase, which includes excavation and grading of the project site, tends to generate the highest noise levels because the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery such as backfillers, bulldozers, draglines, and front loaders. Earthmoving and compacting equipment includes compactors, scrapers, and graders. 70 Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full-power operation followed by 3 or 4 minutes at lower power settings. Construction details (e.g., construction fleet activities) are not yet known; therefore, this analysis assumes that scrapers, bulldozers, and water trucks/pickup trucks would be operating simultaneously during construction of the proposed project. As discussed above, noise levels associated with this equipment operating simultaneously would be approximately 88 dBA Lmax at 50 feet. As noted above, the closest sensitive receptors include single-family residences located directly adjacent to the western border of the project site, Pinedale Elementary school located approximately 60 feet north of the project site across West Fir Avenue, and single- family residences located approximately 60 feet south of the project site across West Beechwood Avenue. Based on building setbacks, the closest sensitive receptor is the adjacent single-family residential building, which is approximately 20 feet from project construction activities. Based on a reduction in noise of 6 dBA per doubling of distance, there would be in increase of approximately 8 dBA from the active construction area to the nearest residence. In addition, the proposed project would construct a concrete masonry unit (CMU) wall, which would reduce noise levels by approximately 10 dBA. Therefore, the closest off-site sensitive receptor may be subject to short-term construction noise reaching 86 dBA Lmax (88 dBA Lmax + 8 dBA – 10 dBA) when construction is occurring. However, construction equipment would operate at various locations within the 1.23-acre project site and would only generate maximum noise levels when operations occur closest to the receptor. To ensure that the project’s potential construction-related noise impacts are less than significant, Mitigation Measure NOI-1 requires the project to equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards, which would reduce the potential impacts associated with construction equipment. Additionally, Mitigation Measure NOI-1 requires the project to designate a “disturbance coordinator” at the City who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem. These measures would ensure that the project’s potential construction-related noise impacts are mitigated to less-than-significant levels. With implementation of Mitigation Measure NOI-1, the proposed project would result in a less-than-significant impact associated with the generation of a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, State, or federal standards. Long-Term (Operational) Noise Impacts. Motor vehicles with their distinctive noise characteristics are the dominant noise source in the project vicinity. The amount of noise varies according to many factors, such as volume of traffic, vehicle mix (percentage of 71 cars and trucks), average traffic speed, and distance from the observer. Implementation of the proposed project would result in new daily trips on local roadways in the project site vicinity. A characteristic of sound is that a doubling of a noise source is required in order to result in a perceptible (3 dBA or greater) increase in the resulting noise level. As discussed below in Section XVII, Transportation, the proposed project would generate approximately 406 daily trips, which would not result in a doubling of traffic volumes along any roadway segment in the project vicinity and would not result in a perceptible increase in traffic noise levels at receptors in the project vicinity. In addition, with implementation of the proposed project, there would be an increase in activity at the project site. The project site itself is located in a primarily developed area surrounded by single-family residential and commercial uses and Pinedale Elementary School. Noise from the proposed project would be similar to existing conditions and would generally include noise from vehicles, air conditioner units, and other similar equipment. It is not expected that the proposed project would result in a perceptible increase in noise to surrounding land uses. Therefore, it is not expected that the proposed project would substantially increase noise levels over existing conditions. Operation of the proposed project would result in similar noise levels as existing conditions and, therefore, it is not expected that the proposed project would substantially increase noise levels over existing conditions, and impacts would be less than significant with mitigation. b) Generation of excessive groundborne vibration or groundborne noise levels? Vibration refers to groundborne noise and perceptible motion. Groundborne vibration is almost exclusively a concern inside buildings and is rarely perceived as a problem outdoors. Vibration energy propagates from a source, through intervening soil and rock layers, to the foundations of nearby buildings. The vibration then propagates from the foundation throughout the remainder of the structure. Building vibration may be perceived by the occupants as the motion of building surfaces, rattling of items on shelves or hanging on walls, or as a low-frequency rumbling noise. The rumbling noise is caused by the vibrating walls, floors, and ceilings radiating sound waves. Annoyance from vibration often occurs when the vibration exceeds the threshold of perception by 10 dB or less. This is an order of magnitude below the damage threshold for normal buildings. Typical sources of groundborne vibration are construction activities (e.g., pavement breaking and operating heavy-duty earthmoving equipment), and occasional traffic on rough roads. In general, groundborne vibration from standard construction practices is only a potential issue when within 25 feet of sensitive uses. Groundborne vibration levels from construction activities very rarely reach levels that can damage structures; however, these levels are perceptible near the active construction site. With the exception of old buildings built prior to the 1950s or buildings of historic significance, potential structural damage from heavy construction activities rarely occurs. When roadways are smooth, vibration from traffic (even heavy trucks) is rarely perceptible. 72 The streets surrounding the project area are paved, smooth, and unlikely to cause significant groundborne vibration. In addition, the rubber tires and suspension systems of buses and other on-road vehicles make it unusual for on-road vehicles to cause groundborne noise or vibration problems. It is, therefore, assumed that no such vehicular vibration impacts would occur and, therefore, no vibration impact analysis of on-road vehicles is necessary. Therefore, once constructed, the proposed project would not contain uses that would generate groundborne vibration. This impact would be less than significant. Construction Vibration. Construction of the proposed project could result in the generation of groundborne vibration. This construction vibration impact analysis discusses the level of human annoyance using vibration levels in VdB and will assess the potential for building damages using vibration levels in peak particle velocity (PPV) (in/sec) because vibration levels calculated in root-mean-square (RMS) are best for characterizing human response to building vibration, while vibration level in PPV is best used to characterize potential for damage. The Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment guidelines indicate that a vibration level up to 102 VdB (an equivalent to 0.5 in/sec in PPV) is considered safe for buildings consisting of reinforced concrete, steel, or timber (no plaster), and would not result in any construction vibration damage. For a non-engineered timber and masonry building, the construction vibration damage criterion is 94 VdB (0.2 in/sec in PPV). Table 9 shows the PPV and VdB values at 25 feet from a construction vibration source. As shown in Table 9, bulldozers and other heavy-tracked construction equipment (except for pile drivers and vibratory rollers) generate approximately 87 VdB of groundborne vibration when measured at 25 feet, based on the Transit Noise and Vibration Impact Assessment. At this level, groundborne vibration would result in potential annoyance to residents and workers but would not cause any damage to the buildings. Table 9: Vibration Source Amplitudes for Construction Equipment Equipment Reference PPV/LV at 25 feet PPV (in/sec) LV (VdB)1 Pile Driver (Impact), Typical 0.644 104 Pile Driver (Sonic), Typical 0.170 93 Vibratory Roller 0.210 94 Hoe Ram 0.089 87 Large Bulldozer 0.089 87 Caisson Drilling 0.089 87 Loaded Trucks 0.076 86 Jackhammer 0.035 79 Small Bulldozer 0.003 58 Pile Driver (Impact), Typical 0.644 104 Source: Transit Noise and Vibration Impact Assessment (FTA 2018). Note: Noise levels reported in this table are rounded to the nearest whole number. 1 RMS vibration velocity in decibels (VdB) is 1 µin/sec. µin/sec = micro-inches per second FTA = Federal Transit Administration in/sec = inches per second LV = velocity in decibels PPV = peak particle velocity RMS = root-mean-square VdB = vibration velocity decibels 73 Construction vibration, similar to vibration from other sources, would not have any significant effects on outdoor activities (e.g., those outside of residences and commercial/ office buildings in the project vicinity). Outdoor site preparation for the proposed project is expected to include the use of bulldozers and loaded trucks. The greatest levels of vibration are anticipated to occur during the site preparation phase. All other phases are expected to result in lower vibration levels. The distance to the nearest buildings for vibration impact analysis is measured between the nearest off-site buildings and the project boundary (assuming the construction equipment would be used at or near the project boundary) because vibration impacts occur normally within the buildings. The formula for vibration transmission is provided below. LvdB (D) = LvdB (25 ft) – 30 Log (D/25) PPVequip = PPVref x (25/D)1.5 As shown in Table 9, for typical construction activity, the equipment with the highest vibration generation potential is the large bulldozer, which would generate 87 VdB at 25 feet. The closest building to the project site includes the single-family residence immediately west of the project site boundary. Based on building setbacks, this receptor is approximately 20 feet from project construction activities. At 20 feet, this single-family residence would experience vibration levels of up to 90 VdB (0.124 PPV [in/sec]), which would not exceed the FTA threshold of 94 VdB (0.2 in/sec PPV) for non-engineered timber and masonry building damage when bulldozers and loaded trucks operate at or near the project construction boundary. Although construction vibration levels at surrounding uses would have the potential to result in annoyance, these vibration levels would no longer occur once construction of the project is completed and impacts would be considered less than significant. No mitigation is required. c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The nearest airports include the Sierra Sky Park Airport, located approximately 4.1 miles west of the project site, the Fresno Yosemite International Airport, located approximately 5.2 miles southeast of the project site, and the Fresno Chandler Executive Airport, located approximately 7.4 miles southwest of the project site. In addition, the nearest medical center helipads include the Saint Agnes Medical Center, located 1.5 miles southeast of the project site, and the Valley Children’s Hospital H located approximately 3.1 miles northwest of the project site. Although aircraft-related noise is occasionally audible on the project site, the site does not lie within the 55 dBA CNEL noise contours of any of these airports or helipads. Therefore, the proposed project would not expose people residing or working in the project area to excessive noise levels due to the proximity of a public airport. This impact would be less than significant. No mitigation is required. 74 Mitigation Measures Mitigation Measure NOI-1: The project contractor shall implement the following measures during construction of the project: • Construction of the masonry wall on the western property line shall be constructed during the first phase of the construction project. • Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards. • Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the active project site. • Locate equipment staging in areas that would create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the active project site during all construction activities. • Ensure that all general construction-related activities are restricted to between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday. No construction shall occur on Sunday. • Designate a “disturbance coordinator” at the City who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIV. POPULATION AND HOUSING – Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X 75 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? X DISCUSSION a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposed project would consist of the development of an approximately 11,664- square-foot, 28-foot-tall single-story medical clinic, and associated circulation, parking, and infrastructure improvements in the approximately 1.23-acre project site. The project site is designated Medium Density Residential in the City of Fresno General Plan and is located within the Residential Single-Family Zoning District (RS-5) of the City of Fresno. The project site would require a change in zoning and land use designation to introduce a commercial use into the project site. The proposed project would not include a residential component that would result in population growth. Furthermore, the proposed project would not require the extension of existing roads or other infrastructure that could lead to unplanned population growth. Therefore, the impact would be less than significant. No mitigation is required. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? The proposed project would require the demolition of one existing single-family dwelling unit; however, it is assumed that there would be sufficient replacement residences that are equal to or better than the displacement property available for rent or purchase. Therefore, there would be a less-than-significant impact related to the displacement of substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to land use and planning, and no mitigation is required. 76 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XV. PUBLIC SERVICES – Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X DISCUSSION a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? The City of Fresno Fire Department (FFD) would provide fire protection services to the proposed project. There are 23 FFD fire stations in Fresno, with the closest fire station, Fire Station 13, located approximately 2 miles from the project site. Planned growth under the General Plan would increase calls for fire protection service in the City. The project is consistent with the site’s General Plan designation and does not represent unplanned growth given that the project site would be developed consistent with its land use and zoning designations. The 77 project could result in an incremental increase in the demand for fire protection services as a result of additional employees to the project site. However, the proposed project would be required to comply with all applicable codes for fire safety and emergency access. In addition, the project applicant would be required to submit plans to the FFD for review and approval prior to the issuance of building permits to ensure the project would conform to applicable building codes. The FFD would continue providing services to the project site and would not require additional firefighters to serve the proposed project. The construction of a new or expanded fire station would not be required. The proposed project would not result in a significant impact on the physical environment due to the incremental increase in demand for fire protection and life safety services. The incremental increase in demand for services is not expected to adversely affect existing responses times to the site or within the City. Therefore, construction and operation of the proposed project would have a less-than-significant impact on fire protection. No mitigation is required. ii. Police protection? The City of Fresno Police Department (FPD) provides police protection to the project site. The FPD headquarters are located at 2323 Mariposa Street, approximately 8.1 miles from the project site. Planned growth under the General Plan would increase calls for police protection service in the City. The project is consistent with the site’s General Plan designation and does not represent unplanned growth. The project could result in an incremental increase in the demand for police protection services. The FPD would continue to provide services to the project site and would not require additional officers to serve the project site. The construction of new or expanded police facilities would not be required. Therefore, the proposed project would not result in a substantial adverse impact associated with the provision of additional police facilities or services, and impacts to police protection would represent a less-than-significant impact. No mitigation is required. iii. Schools? The proposed project would not generate student demand or otherwise impact school services given that there is no housing or a residential component. As such, there would be no impact related to schools, and no mitigation is required. iv. Parks? Demand for parks generated by the project is within planned services levels of the City of Fresno Parks and Community Services Department and the applicant would be required to pay any required impact fees at the time building permits are obtained or receive credits for construction as may be memorialized within a subdivision or development agreement. Maintenance would be afforded through 78 annexation into a Community Facilities District (CFD). Therefore, impacts to parks would be less than significant, and no mitigation is required. v. Other public facilities? Development of the proposed project is not expected increase demand for other public services, including libraries, community centers, and public health care facilities. Further, the proposed project would provide medical, physical, psychological services in an underserved area of Pinedale. In addition, by locating the proposed Valley Health Team facility within the community of Pinedale. As such, the proposed project would not result in a substantial increase in the use of these facilities, such that new facilities would be needed to maintain service standards, as these facilities are not currently overused and have capacity to serve new demand. Therefore, impacts to other public facilities would be less than significant, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to public services, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVI. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X 79 DISCUSSION a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed project would consist of the development of a medical clinic and would not generate population growth that would result in an increase in the use of existing neighborhood and regional parks or other recreational facilities. Therefore, there would be no impact related to the increase in the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. No mitigation is required. b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? The proposed project would consist of the development of a medical clinic and does not include or require the construction or expansion of existing public recreational facilities; therefore, development of the proposed project and associated recreational opportunities for use by users of the project site would not result in additional environmental effects beyond those described in this document. As a result, no impact would occur to recreational facilities and the proposed project would not require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to recreational facilities, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. TRANSPORTATION – Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? X 80 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? X c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X d) Result in inadequate emergency access? X DISCUSSION a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? A Trip Generation Analysis (TGA)19 was prepared for the proposed project, which is included in Appendix D. The TGA evaluates the potential difference in traffic generation of the proposed project compared to the General Plan designation. As identified in the TGA, trip generation rates for the proposed project were obtained from the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Table 10 presents the trip generation for the proposed project. As shown in Table 10, the proposed project is estimated to generate a maximum of 406 daily trips, 32 AM peak hour trips and 40 PM peak hour trips. Table 10: Project Trip Generation Land Use Units Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Medical-Dental Office Building 11.664 ksf 406 25 7 32 11 29 40 Source: JLB Traffic Engineering, Inc. (April 2022). Note: Rates per ITE Trip Generation Manual, 10th Edition; Land Use Code (720) Medical-Dental Office Building. ksf = thousand square feet The General Plan proposes that the project site be developed with Single-family detached housing units under the Medium Density Residential land use (5.0 to 12.0 dwelling units per acre). For purposes of this comparison, it is assumed that the project site be 19 JLB Traffic Engineering, Inc., 2022. Trip Generation Analysis for the Medical Clinic located in the City of Fresno. April 8. 81 developed according to the median density range allowable for Medium Density Residential of 8.5 ((5 + 12) ÷ 2 = 8.5) dwelling units per acre. Table 11 presents the trip generation of that which could otherwise be developed consistent with the General Plan with trip generation rates for 11 single-family detached housing units. Consistent with the General Plan, the project site would be anticipated to generate a maximum of 104 daily trips, 8 AM peak hour trips and 11 PM peak hour trips. Table 11: General Plan Trip Generation Land Use Units Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Single-Family Detached Housing 11 du 104 2 6 8 7 4 11 Source: JLB Traffic Engineering, Inc. (April 2022). Note: Rates per ITE Trip Generation Manual, 10th Edition; Land Use Code (210) Single-Family Detached Housing. du = dwelling units Compared to that which could be developed consistent with the General Plan, the proposed project is estimated to generate a net increase of 302 daily trips, 24 AM peak hour trips and 29 PM peak hour trips. The trip generation comparison between the proposed project and the General Plan is shown in Table 12. Table 12: General Plan Trip Generation Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Proposed Project 406 25 7 32 11 29 40 General Plan 104 2 6 8 7 4 11 Difference in Trip Generation 302 23 1 24 4 25 29 Source: JLB Traffic Engineering, Inc. (April 2022). Note: Rates per ITE Trip Generation Manual, 10th Edition; Land Use Code (210) Single-Family Detached Housing. Per the Fresno Traffic Impact Study Report Guidelines, a Transportation Impact Study (TIS) Report for a Project may be required when the following thresholds are met: 1. When project-generated traffic is expected to be greater than 100 vehicle trips during any peak hour. 2. When a project includes a General Plan Amendment (GPA) which changes the land use. 3. When the project traffic will substantially affect an intersection or roadway segment already identified as operating at an unacceptable level of service. 4. When the project will substantially change the off-site transportation system or connection to it, as determined by the Traffic Engineering Manager. Moreover, the Fresno General Plan has established four (4) Traffic Impact Zones (TIZs) within the City of Fresno to assist with areas being incentivized for development. In the 82 City of Fresno, all developments within TIZ-I maintain a Level of Service (LOS) standard of F and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. In addition, all developments within TIZ-II maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Also, all developments within TIZ-III maintain a LOS standard of D and require a TIS when projected to generate greater than 100 peak hour new vehicle trips. Lastly, all developments within TIZ-IV maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Considering the proposed project is located within TIZ-III and its anticipated trip generation would not exceed 40 peak hour trips, a TIS would not be required. Additionally, the project site is located in an area where all major streets have been developed to meet or exceed the planned number of lanes. Also, all major street-to-major street intersections near the vicinity of the project site are currently signalized and further improvements to these intersections are not anticipated by City of Fresno or Caltrans agencies. Due to the limited addition of project-related traffic, the proposed project is not anticipated to generate a significant number of trips that would result in the deficiency of existing intersections within the project vicinity. As such, the addition of project traffic is not anticipated to exceed the City’s level of significance threshold of LOS (LOS E or better). In addition, the project-related traffic would not result in a deficiency to existing transit, roadway, bicycle, and pedestrian facilities. Therefore, the proposed project would not conflict with any plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system or congestion management program. Impacts would be less than significant and no mitigation is required. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as 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 car travel onto 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 relevant CEQA criteria for transportation impacts. CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to evaluate a project’s vehicle miles traveled, 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 vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to 83 estimate used to estimate vehicle miles traveled and any revision 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 Vehicle Miles Traveled Thresholds, dated June 25, 2020, pursuant to Senate Bill 743 to be effective 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 Fresno VMT Thresholds. 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 3.1 regarding Development Projects states that if a project constitutes a General Plan Amendment or a Rezone, none of the screening criteria may apply, and that the City must evaluate such projects on a case-by- case basis. Although the proposed project would include a General Plan Amendment and a Rezone, the proposed project would result in a more intensive land use on an infill site and would provide medical, physical, psychological services in an underserved area of Pinedale. The proposed location was selected due to its proximity to Pinedale Elementary School and Pinedale Community Center, which are located north of the project site across West Fir Avenue. As such, by locating the proposed Valley Health Team facility within the community of Pinedale, the proposed project would allow patients and visitors the ability to walk to the project site. Further, the proposed project is located within 1,000 feet of the City of Fresno BRT, which is expected to reduce vehicle trips and VMT. In addition, it is assumed that telemedicine appointments would account for approximately 25 percent of all appointments. Therefore, the proposed project would support the ability to use alternative modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate modes of transportation. Based on all these project features, the proposed project would result in a less-than- significant VMT impact and is consistent with CEQA Guidelines Section 15064.3(b). No mitigation is required. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 84 The proposed project would not include any sharp curves or other roadway design elements that would create dangerous conditions. Therefore, the proposed project would not substantially increase hazards due to a design feature, and there would be no impact. No mitigation is required. d) Result in inadequate emergency access? Emergency vehicles would have access to the project site via driveways on Sugar Pine Avenue and Beechwood Avenue. Further, the proposed project’s site plan would be subject to review and approval by the FFD to ensure the project includes adequate emergency access. In addition, as discussed in Section IX, Hazards and Hazardous Materials, project implementation would not physically interfere with emergency evacuation or the FFD access to and from the project site. Therefore, the proposed project would result in less-than-significant impacts related to inadequate emergency access, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to transportation, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVIII. TRIBAL CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in PRC section 5020.1(k), or, X 85 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact ii) A resource determined by the lead agency, in its discretion and supported by substantial evi- dence, to be significant pursuant to criteria set forth in subdivision (c) of PRC section 5024.1. In applying the criteria set forth in subdivision (c) of PRC section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X DISCUSSION a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the CEQA Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register. Additional information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality. 86 Pursuant to Senate Bill 18 (SB 18), Native American tribes traditionally and culturally affiliated with the project area were invited to consult regarding the proposed project based on a list of contacts provided by the Native American Heritage Commission (NAHC). These tribes included: Chicken Ranch Rancheria of Me-Wuk Indians; Dunlap Band of Mono Indians; Nashville Enterprise Miwok- Maidu-Nishinam Tribe; North Fork Mono Tribe; North Fork Rancheria of Mono Indians; Salinan Tribe of Monterey, San Luis Obispo Counties; Santa Rosa Rancheria Tachi Yokut Tribe; Tuolumne Band of Me-Wuk Indians; Xolon-Salinan Tribe; Big Sandy Rancheria of Western Mono Indians; Dumna Wo-Wah Tribal Government; Kings River Choinumni Farm Tribe; North Valley Yokuts Tribe; Picayune Rancheria of Chukchansi Indians; Wuksache Indian Tribe/Eshom Valley Band; Table Mountain Rancheria; Traditional Choinumni Tribe; and the Tule River Indian Tribe. Assembly Bill (AB) 52, which became law January 1, 2015, requires that, as part of the CEQA review process, public agencies provide early notice of a project to California Native American Tribes to allow for consultation between the tribe and the public agency. The purpose of AB 52 is to provide the opportunity for public agencies and tribes to consult and consider potential impacts to Tribal Cultural Resources (TCR’s), as defined by the Public Resources Code (PRC) Section 2107(a). Under AB 52, public agencies shall reach out to California Native American Tribes who have requested to be notified of projects in areas within or which may have been affiliated with their tribal geographic range. Pursuant to Assembly Bill 52 (AB 52), the Table Mountain Rancheria Tribe and the Dumna Wo-wah Tribe were invited to consult under AB 52. Under invitations to consult under SB 18 and AB 52, no tribes requested consultation. Based on the Cultural Resources Assessment 20 prepared by Peak & Associates, Inc., there are no known Native American resources in the project site that are listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). Additionally, no specific tribal cultural resources were identified in the project site as a result of Native American consultation conducted for the project per Senate Bill 18 and Assembly Bill 52. As such, the project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). No mitigation is required. 20 Peak & Associates, Inc., 2022. Cultural Resource Assessment for the Valley Health Team Project Area, Pinedale, County of Fresno, California. March 3. 87 ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Under invitations to consult under SB 18 and AB 52, no tribes requested consultation. The City, as lead agency, has not identified any potential tribal cultural resources at the project site. As such, the project would not cause a substantial adverse change in the significance of a tribal cultural resource pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to tribal cultural resources, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIX. UTILITIES AND SERVICE SYSTEMS – Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effect? X b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? X 88 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? X e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? X DISCUSSION a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? As identified in the Project Description, utilities required to serve the proposed project would include water, sanitary sewer, storm water drainage, electricity, natural gas, and telecommunications infrastructure. Water. Water supply for the proposed project would be provided by the PCWD. The PCWD service area encompasses nearly 1,270 acres or 2 square miles, in both the City of Fresno and unincorporated Fresno County. PCWD provides water to 2,400 residential and 550 commercial accounts. PCWD delivers water through wells dispersed across the district. Presently, demands only require the district to run three wells of the five wells; the other two are on standby. PCWD does have other wells; however, these wells are currently offline because of trichloroethylene contamination. As undeveloped lands within 89 the district urbanize one of the standby wells will serve as the water source for the added demand.21 Short-term demand for water may occur during excavation, grading, and construction activities on site. Construction activities would require water primarily for dust mitigation purposes. Water from the existing potable water lines in the vicinity of the project site would be used. Overall, short-term construction activities would require minimal water and are not expected to have any adverse impacts on the existing water system or available water supplies. The proposed project would not require the construction of new or expanded water conveyance, treatment, or collection facilities with respect to construction activities. Based on the nature of the proposed project, the project-generated increase in water demand would be minimal and would fall within the PCWD’s existing capacity and available supply. As such, the proposed project would not necessitate new or expanded water entitlements, and the PCWD would be able to accommodate the increased demand for potable water. As such, the proposed project would not necessitate new or expanded water entitlements, and the City would be able to accommodate the increased demand for potable water. Wastewater. Wastewater services would also be provided by PCWD. No significant increase in wastewater flows is anticipated as a result of construction activities on the project site. Sanitary services during construction would be provided by portable toilet facilities, which transport waste off site for treatment and disposal. In addition, wastewater generation associated with the proposed project is not anticipated to exceed wastewater treatment requirements or exceed the available capacity to accommodate the increased wastewater flows from the proposed project. The project would be adequately served by the capacity and the existing wastewater conveyance system. As such, the proposed project would not necessitate new or expanded water entitlements, and the PCWD would be able to accommodate the increased demand for potable water. Stormwater and Drainage Facilities. While the project would permanently increase the impervious surface area, the project would be required to direct drainage towards Fir Avenue, Sugar Pine Avenue and/or Beechwood Avenue. In addition, prior to final development approval, the project applicant shall submit a Grading Plan and Drainage Report to the FMFCD for review and approval. According to the City’s preliminary review, permanent drainage service is available for the project area, provided that the project applicant can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet. The FMFCD existing Master Plan drainage system is designed to serve medium density residential uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed commercial land use. As such, the project applicant would be required to mitigate the impacts of the increased runoff from 21 Pinedale County Water District, n.d. About Us. Available online: https://pcwdonline.com/index. php?option=com_content&view=article&id=15&Itemid=16 (accessed August 2022). 90 the proposed commercial land use to a rate that would be expected if developed to medium density residential. As required by HYDRO-1, the project applicant would mitigate the increased runoff by either making improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the project applicant choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development to a two-year discharge, which would be produced by the property if developed medium density residential. Additionally, the project applicant would be required to pay for all necessary improvement costs. With implementation of Mitigation Measure HYDRO-1, the proposed project would result in less-than-significant impacts related to the construction or expansion of stormwater drainage facilities. No additional mitigation is required. Electricity, Natural Gas, and Telecommunication Facilities. Electric power, natural gas, and telecommunication facilities would require connections to the project site. However, because the project site is located within an urbanized area with existing facilities in close proximity, connection to these facilities would not cause significant environmental effects. In addition, as discussed in Section VI, Energy, energy usage on the project site during construction would be temporary in nature and would be relatively small in comparison to the State’s available energy sources. Once operational, electricity and natural gas usage would be a minimal fraction of Fresno County’s total electricity and natural gas demand. As a result, the project would result in a less-than-significant impact related to the relocation or construction or new or expanded utilities. Summary. With implementation of Mitigation Measure HYDRO-1, the proposed project would not require or result in the relocation or construction of new or expanded facilities for water, wastewater treatment, storm drainage, electric power, natural gas, or telecommunications which could cause significant environmental effects. Impacts would be less than significant with mitigation incorporated. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? As discussed above, sufficient water supply would be available to serve the project site. As a result, the project would result in a less-than-significant impact related to water supply and there are sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years. As such, impacts would be less than significant, and no mitigation is required. c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Refer to discussion a) above. Wastewater generation associated with the proposed project is not anticipated to exceed wastewater treatment requirements or exceed the 91 available capacity to accommodate the increased wastewater flows from the proposed project. The project would be adequately served by the capacity and the existing wastewater conveyance system. In addition, the proposed project is not expected to exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. As such, the proposed project would not result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments and impacts would be less than significant. No mitigation is required. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Garbage disposed in the City of Fresno is taken to the Cedar Avenue Recycling and Transfer Station. Once trash has been off‐loaded at the transfer station, it is sorted, and non‐recyclable solid waste is loaded onto large trucks and taken to the American Avenue Landfill located approximately 6 miles southwest of Kerman. The American Avenue Landfill (i.e., American Avenue Disposal Site 10‐AA‐0009) has a maximum permitted capacity of 32,700,000 cubic yards and a remaining capacity of 29,358,535 cubic yards, with an estimated closure date of August 31, 2031. The maximum permitted throughput is 2,200 tons per day.22 Other landfills within the County of Fresno include the Clovis Landfill (City of Clovis Landfill 10-AA-0004) with a maximum remaining permitted capacity of 7,740,000 cubic yards, a maximum permitted throughput of 2,000 tons per day, and an estimated closure date of 2047.23 Based on CalEEMod, operation of the proposed project would generate approximately 23.1 pounds of solid waste per day or about 126.4 tons of solid waste per year. Given the capacity at the landfills, the additional solid waste generated by the proposed project is not anticipated to cause the facility to exceed its daily permitted capacity. As such, the project would be served by a landfill with sufficient capacity to accommodate the project’s waste disposal needs, and impacts associated with the disposition of solid waste would be less than significant. No mitigation is required. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? The proposed project would comply with all federal, State, and local solid waste statutes and/or regulations related to solid waste. Also refer to discussion d) in this section. Therefore, the proposed project would have a less-than-significant impact related to 22 CalRecycle. Website: https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/352 (accessed April 1, 2022). 23 CalRecycle. Website: https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/347 (accessed April 1, 2022). 92 federal, State, and local management and reduction statutes and regulations related to solid waste. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to utilities and service systems, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? X b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? X c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? X d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? X 93 DISCUSSION a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Wildland fires occur in geographic areas that contain the types and conditions of vegetation, topography, weather, and structure density susceptible to risks associated with uncontrolled fires that can be started by lightning, improperly managed campfires, cigarettes, sparks from automobiles, and other ignition sources. According to the California Department of Forestry and Fire Protection (CAL FIRE) Very High Fire Hazard Severity Zone (VHFHSZ) Map for Fresno County, the project site is not located within a Very or High Fire Hazard Severity Zone.24 The proposed project would consist in the development of a medical clinic on an infill site within the City. As a result, project implementation would not physically interfere with evacuation plans or FFD access to and from the project site. In addition, the proposed project’s site plan would be subject to review and approval by the FFD to ensure the project includes adequate emergency access. Moreover, since the project site is not located in or near a VHFHSZ nor is it located in or near a State Responsibility Area (SRA), potential impacts associated with emergency access described above would not pertain to wildfire and would more likely be associated with an urban fire or other emergency situations. Therefore, operation of the proposed project would not substantially impair an adopted emergency response plan or emergency evacuation plan. There would be no impact and no mitigation would be required. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? As stated previously, the project site is not located in or near a VHFHSZ nor is it located in or near a SRA. Therefore, the proposed project would not exacerbate wildfire risks due to slope and prevailing winds, thereby exposing project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. There would be no impact and no mitigation would be required. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Utility and infrastructure improvements included as part of the project are described in Section XIX, Utilities. These improvements would include the installation of water, sanitary sewer, storm water drainage, electricity, natural gas, and telecommunications infrastructure. 24 Cal Fire. Fire Hazard Severity Zone Viewer. Website: https://egis.fire.ca.gov/FHSZ/ (accessed August 2022). 94 The project site is not located in or near a VHFHSZ nor is it located in or near a SRA. Utility installations would not exacerbate fire risk due to the location of the project site in an urban area outside of a designated fire hazard zone. Therefore, the proposed project would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that would exacerbate fire risk or result in temporary or ongoing impacts to the environment. There would be no impact and no mitigation would be required. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Landslides and other forms of mass wasting, including mud flows, debris flows, and soil slips, occur as soil moves downslope under the influence of gravity. Landslides are frequently triggered by intense rainfall or seismic shaking but can also occur as a result of erosion and downslope runoff caused by rain following a fire. As previously discussed in Section VII, Geology and Soils, the City of Fresno Planning Area is located within an area that consists of mostly flat topography within the Central Valley. Accordingly, there is no risk of large landslides in the majority of the Planning Area. In addition, the project site is generally level and would not expose people or structures to potential substantial adverse effects associated with landslides. Further, as stated previously, the project site is not located in or near a VHFHSZ nor is it located in or near a SRA. Therefore, the proposed project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. There would be no impact and no mitigation would be required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to wildfire, and no mitigation is required. 95 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XXI. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X DISCUSSION a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or 96 restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? As discussed in Section IV, Biological Resources and Section V, Cultural Resources, with the incorporation of Mitigation Measures BIO-1 and BIO-2 and CUL-1 and CUL-2, development of the proposed project would not: (1) degrade the quality of the environment; (2) substantially reduce the habitat of a fish or wildlife species; (3) cause a fish or wildlife species population to drop below self-sustaining levels; (4) threaten to eliminate a plant or animal community; (5) reduce the number or restrict the range of a rare or endangered plant or animal; or (6) eliminate important examples of the major periods of California history. Therefore, this impact would be less than significant with mitigation incorporated. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) The proposed project’s impacts would be individually limited and not cumulatively considerable due to the site-specific nature of the potential impacts. The potentially significant impacts that can be reduced to less-than-significant levels with implementation of recommended mitigation measures include the topics of Air Quality, Biological Resources, Cultural Resources, Hydrology and Water Quality, Noise, and Tribal Cultural Resources. These impacts would primarily be related to construction-period activities, would be temporary in nature, and would not substantially contribute to any potential cumulative impacts associated with these topics. Implementation of recommended AIR-1, BIO-1 and BIO-2, CUL-1 and CUL-2, HYDRO- 1, and NOI-1 would ensure that the impacts of the project would be below established thresholds of significance and that these impacts would not combine with the impacts of other cumulative projects to result in a cumulatively considerable impact on the environment as a result of project development and this impact would be less than significant with mitigation incorporated. For the topics of Aesthetics, Agriculture and Forestry Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities and Service Systems, and Wildlife, the project would have no impacts or less-than-significant impacts, and therefore, the project would not substantially contribute to any potential cumulative impacts for these topics. As such, impacts would be less than significant with mitigation incorporated. 97 c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? The proposed project’s potential to result in environmental effects that could directly or indirectly impact human beings has been evaluated in this Initial Study. With implementation of the recommended mitigation measures, all environmental effects that could adversely affect human beings, either directly or indirectly, would be less than significant with mitigation incorporated. 3 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) I. AESTHETICS There are no significant impacts to aesthetics. II. AGRICULTURE AND FORESTRY There are no significant impacts to agriculture and forestry resources. III. AIR QUALITY Mitigation Measure AIR-1: Consistent with SJVAPCD Regulation VIII (Fugitive PM10 Prohibitions), the following controls are required to be included as specifications for the proposed project and implemented at the construction site: • All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/ suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/ suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. • When materials are transported off-site, all During Project Construction Construction Contractor Planning & Development Department 4 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) • Following the addition of materials to, or the removal of materials from, the surface of out-door storage piles, said piles shall be effectively stabilized of fugitive dust emission utilizing sufficient water or chemical stabilizer/ suppressant. 5 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) IV. BIOLOGICAL RESOURCES Mitigation Measure BIO-1: If project construction activities occur during nesting season (between February 1 and August 31), a qualified biologist shall conduct pre-construction surveys for active bird nests at the project site within 14 days of the onset of these activities. During Project Construction if During the Nesting Season (February 1 to August 31) Construction Contractor Planning & Development Department Mitigation Measure BIO-2: Should any active nests be discovered in or near proposed construction zones, the biologist shall identify a suitable construction-free buffer around the nest. This buffer shall be identified with flagging or fencing (or otherwise clearly demarcated) and shall be maintained until the biologist has determined that the nest is no longer active. During Project Construction Construction Contractor Planning & Development Department V. CULTURAL RESOURCES Mitigation Measure CUL-1: In the event the event that archaeological resources are identified during project activities, work should be halted immediately within 50 feet of the find until a qualified professional archaeologist is contacted to assess the nature and significance of the find and determine if any additional study or treatment of the find is warranted. The archaeologist should develop proper mitigation measures required for the discovery per California Code of Regulations, Title 14, Chapter 3, Section 15064.5(f). Additional studies could include, but would not be limited to, collection and Prior to commencement of, and during, construction activities Construction Contractor Planning & Development Department 6 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) documentation of artifacts, documentation of the cultural resources on State of California Department of Parks and Recreation Series 523 forms, or subsurface testing. If determined appropriate by the qualified archaeologist, archaeological monitoring should commence and continue until grading and excavation are complete or until the monitoring archaeologist determines, based on field observations and in consultation with the qualified archaeologist, that there is little likelihood of encountering additional archaeological cultural resources. Archaeological monitoring may be reduced from full-time to part-time or spot-checking if determined appropriate by the qualified archaeologist based on monitoring results. Upon completion of any monitoring activities, the archaeologist should prepare a report to document the methods and results of monitoring activities. The final version of this report should be submitted to the Southern San Joaquin Valley Information Center. Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Prior to commencement of, and during, construction activities Construction Contractor Planning & Development Department 7 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. VI. ENERGY There are no significant impacts to energy. VII. GEOLOGY AND SOILS There are no significant impacts to geology and soils. VIII. GREENHOUSE GAS EMISSIONS There are no significant impacts to greenhouse gas emissions. IX. HAZARDS AND HAZARDOUS MATERIAL 8 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) There are no significant impacts to hazards and hazardous material. X. HYDROLOGY AND WATER QUALITY Mitigation Measure HYDRO-1: The project applicant shall mitigate the increased runoff associated with the proposed project by either making improvements to the existing pipeline system to provide additional capacity or use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the project applicant choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development to a two-year discharge, which would be produced by the property if developed medium density residential. Prior to issuance of building permits Project Applicant Planning & Development Department XI. LAND USE AND PLANNING There are no significant impacts to land use and planning. XII. MINERAL RESOURCES There are no significant impacts to mineral resources. XIII. NOISE Mitigation Measure NOI-1: The project contractor shall implement the following measures during construction of the project: • Construction of the masonry wall on the western property line shall be constructed during the first phase of the construction project. During Project Construction Construction Contractor Planning & Development Department 9 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) • Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards. • Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the active project site. • Locate equipment staging in areas that would create the greatest possible distance between construction-related noise sources and noise- sensitive receptors nearest the active project site during all construction activities. • Ensure that all general construction-related activities are restricted to between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday. No construction shall occur on Sunday. • Designate a “disturbance coordinator” at the City who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem. XIV. POPULATION AND HOUSING There are no significant impacts to population and housing. XV. PUBLIC SERVICES 10 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) There are no significant impacts to public services. XVI. RECREATION There are no significant impacts to recreation. XVII. TRANSPORTATION There are no significant impacts to transportation. XVII. TRIBAL CULTURAL RESOURCES There are no significant impacts to tribal cultural resources. XIX. UTILITIES AND SERVICE SYSTEMS There are no significant impacts to utilities and service systems. XX. WILDFIRE There are no significant impacts to wildfire. Source: LSA (November 2022). Appendix A CalEEMod Output Sheets Valley Health Team Fresno County, Annual Project Characteristics - Land Use - Total project site is 1.23 acres Construction Phase - Construction is expected to start on July 2023 and last 12-14 months Grading - Set to default Demolition - Vehicle Trips - Trips rates based of 406 total daily trips Construction Off-road Equipment Mitigation - Mitigation Tier 2 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population City Park 0.36 Acre 0.36 15,681.60 0 Medical Office Building 11.70 1000sqft 0.37 11,700.00 0 Parking Lot 56.00 Space 0.50 22,400.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.2 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas and Electric Company 2024Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) Table Name Column Name Default Value New Value tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 1 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I -5.±-L ■■i ■li tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 8.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstructionPhase NumDays 10.00 15.00 tblConstructionPhase NumDays 4.00 10.00 tblConstructionPhase NumDays 10.00 15.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 2 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 4 r!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! -i- i mm 2.0 Emissions Summary tblConstructionPhase NumDays 2.00 10.00 tblConstructionPhase PhaseEndDate 6/10/2024 7/12/2024 tblConstructionPhase PhaseEndDate 5/13/2024 5/31/2024 tblConstructionPhase PhaseEndDate 8/7/2023 8/25/2023 tblConstructionPhase PhaseEndDate 5/27/2024 6/21/2024 tblConstructionPhase PhaseEndDate 8/1/2023 8/11/2023 tblConstructionPhase PhaseStartDate 5/28/2024 6/24/2024 tblConstructionPhase PhaseStartDate 8/8/2023 8/28/2023 tblConstructionPhase PhaseStartDate 8/2/2023 8/14/2023 tblConstructionPhase PhaseStartDate 5/14/2024 6/3/2024 tblConstructionPhase PhaseStartDate 7/29/2023 7/31/2023 tblLandUse LotAcreage 0.27 0.37 tblVehicleTrips ST_TR 1.96 0.00 tblVehicleTrips ST_TR 8.57 34.70 tblVehicleTrips SU_TR 2.19 0.00 tblVehicleTrips SU_TR 1.42 34.70 tblVehicleTrips WD_TR 0.78 0.00 tblVehicleTrips WD_TR 34.80 34.70 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 3 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 4 r!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! -i- i mm 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0995 0.8231 0.8101 1.5700e- 003 0.0788 0.0356 0.1144 0.0353 0.0339 0.0693 0.0000 133.6389 133.6389 0.0249 1.2700e- 003 134.6395 2024 0.1747 0.6831 0.8007 1.5100e- 003 0.0127 0.0275 0.0403 3.4500e- 003 0.0265 0.0299 0.0000 126.5668 126.5668 0.0198 1.4600e- 003 127.4965 Maximum 0.1747 0.8231 0.8101 1.5700e- 003 0.0788 0.0356 0.1144 0.0353 0.0339 0.0693 0.0000 133.6389 133.6389 0.0249 1.4600e- 003 134.6395 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0561 1.1756 0.9018 1.5700e- 003 0.0417 0.0446 0.0863 0.0176 0.0445 0.0621 0.0000 133.6388 133.6388 0.0249 1.2700e- 003 134.6393 2024 0.1418 1.0803 0.8614 1.5100e- 003 0.0127 0.0442 0.0569 3.4500e- 003 0.0442 0.0476 0.0000 126.5667 126.5667 0.0198 1.4600e- 003 127.4964 Maximum 0.1418 1.1756 0.9018 1.5700e- 003 0.0417 0.0446 0.0863 0.0176 0.0445 0.0621 0.0000 133.6388 133.6388 0.0249 1.4600e- 003 134.6393 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 4 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 27.84 -49.78 -9.47 0.00 40.51 -40.54 7.42 45.75 -46.86 -10.66 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 7-3-2023 10-2-2023 0.4499 0.5924 2 10-3-2023 1-2-2024 0.4499 0.6126 3 1-3-2024 4-2-2024 0.4208 0.6056 4 4-3-2024 7-2-2024 0.3588 0.5215 5 7-3-2024 9-30-2024 0.0460 0.0498 Highest 0.4499 0.6126 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Energy 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 18.3616 18.3616 1.8200e- 003 3.5000e- 004 18.5114 Mobile 0.1710 0.2497 1.4024 3.0600e- 003 0.2979 2.5700e- 003 0.3005 0.0797 2.4100e- 003 0.0821 0.0000 287.4111 287.4111 0.0176 0.0168 292.8682 Waste 0.0000 0.0000 0.0000 0.0000 25.6560 0.0000 25.6560 1.5162 0.0000 63.5617 Water 0.0000 0.0000 0.0000 0.0000 0.4658 0.9645 1.4302 0.0480 1.1500e- 003 2.9724 Total 0.2278 0.2572 1.4092 3.1000e- 003 0.2979 3.1300e- 003 0.3011 0.0797 2.9700e- 003 0.0827 26.1218 306.7384 332.8602 1.5836 0.0183 377.9150 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 5 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Energy 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 18.3616 18.3616 1.8200e- 003 3.5000e- 004 18.5114 Mobile 0.1710 0.2497 1.4024 3.0600e- 003 0.2979 2.5700e- 003 0.3005 0.0797 2.4100e- 003 0.0821 0.0000 287.4111 287.4111 0.0176 0.0168 292.8682 Waste 0.0000 0.0000 0.0000 0.0000 25.6560 0.0000 25.6560 1.5162 0.0000 63.5617 Water 0.0000 0.0000 0.0000 0.0000 0.4658 0.9645 1.4302 0.0480 1.1500e- 003 2.9724 Total 0.2278 0.2572 1.4092 3.1000e- 003 0.2979 3.1300e- 003 0.3011 0.0797 2.9700e- 003 0.0827 26.1218 306.7384 332.8602 1.5836 0.0183 377.9150 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/3/2023 7/28/2023 5 20 2 Site Preparation Site Preparation 7/31/2023 8/11/2023 5 10 3 Grading Grading 8/14/2023 8/25/2023 5 10 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 6 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 8/28/2023 5/31/2024 5 200 5 Paving Paving 6/3/2024 6/21/2024 5 15 6 Architectural Coating Architectural Coating 6/24/2024 7/12/2024 5 15 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 1 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Building Construction Cranes 1 6.00 231 0.29 Building Construction Forklifts 1 6.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Grading Graders 1 8.00 187 0.41 Site Preparation Graders 1 8.00 187 0.41 Paving Pavers 1 6.00 130 0.42 Paving Paving Equipment 1 8.00 132 0.36 Paving Rollers 1 7.00 80 0.38 Demolition Rubber Tired Dozers 1 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Site Preparation Rubber Tired Dozers 1 7.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37 Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 17,550; Non-Residential Outdoor: 5,850; Striped Parking Area: 1,344 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 9.38 Acres of Grading (Grading Phase): 10 Acres of Paving: 0.5 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 7 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.1 Mitigation Measures Construction Use Cleaner Engines for Construction Equipment Water Exposed Area Reduce Vehicle Speed on Unpaved Roads Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Building Construction Welders 3 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 5 13.00 0.00 6.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 20.00 8.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 4.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 8 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.8000e- 004 0.0000 6.8000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0147 0.1432 0.1346 2.4000e- 004 6.7700e- 003 6.7700e- 003 6.3300e- 003 6.3300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Total 0.0147 0.1432 0.1346 2.4000e- 004 6.8000e- 004 6.7700e- 003 7.4500e- 003 1.0000e- 004 6.3300e- 003 6.4300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 9 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 3.1000e- 004 0.0000 3.1000e- 004 5.0000e- 005 0.0000 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.8600e- 003 0.2121 0.1542 2.4000e- 004 7.1800e- 003 7.1800e- 003 7.1800e- 003 7.1800e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Total 8.8600e- 003 0.2121 0.1542 2.4000e- 004 3.1000e- 004 7.1800e- 003 7.4900e- 003 5.0000e- 005 7.1800e- 003 7.2300e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 10 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0313 0.0000 0.0313 0.0150 0.0000 0.0150 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 5.6700e- 003 0.0621 0.0332 9.0000e- 005 2.5400e- 003 2.5400e- 003 2.3300e- 003 2.3300e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Total 5.6700e- 003 0.0621 0.0332 9.0000e- 005 0.0313 2.5400e- 003 0.0339 0.0150 2.3300e- 003 0.0174 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Total 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 11 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0141 0.0000 0.0141 6.7600e- 003 0.0000 6.7600e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.4500e- 003 0.0747 0.0491 9.0000e- 005 1.8700e- 003 1.8700e- 003 1.8700e- 003 1.8700e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Total 2.4500e- 003 0.0747 0.0491 9.0000e- 005 0.0141 1.8700e- 003 0.0160 6.7600e- 003 1.8700e- 003 8.6300e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Total 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 12 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0354 0.0000 0.0354 0.0171 0.0000 0.0171 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6700e- 003 0.0723 0.0435 1.0000e- 004 3.0200e- 003 3.0200e- 003 2.7800e- 003 2.7800e- 003 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1252 Total 6.6700e- 003 0.0723 0.0435 1.0000e- 004 0.0354 3.0200e- 003 0.0384 0.0171 2.7800e- 003 0.0199 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1252 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Total 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 13 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0159 0.0000 0.0159 7.7100e- 003 0.0000 7.7100e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.1300e- 003 0.0905 0.0607 1.0000e- 004 2.4300e- 003 2.4300e- 003 2.4300e- 003 2.4300e- 003 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1251 Total 3.1300e- 003 0.0905 0.0607 1.0000e- 004 0.0159 2.4300e- 003 0.0184 7.7100e- 003 2.4300e- 003 0.0101 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1251 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Total 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 14 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0686 0.5270 0.5675 9.9000e- 004 0.0232 0.0232 0.0224 0.0224 0.0000 81.7196 81.7196 0.0139 0.0000 82.0665 Total 0.0686 0.5270 0.5675 9.9000e- 004 0.0232 0.0232 0.0224 0.0224 0.0000 81.7196 81.7196 0.0139 0.0000 82.0665 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.9000e- 004 0.0158 4.7400e- 003 7.0000e- 005 2.3900e- 003 1.0000e- 004 2.4900e- 003 6.9000e- 004 1.0000e- 004 7.9000e- 004 0.0000 6.9237 6.9237 4.0000e- 005 1.0400e- 003 7.2352 Worker 2.7900e- 003 1.8100e- 003 0.0213 6.0000e- 005 7.2000e- 003 3.0000e- 005 7.2300e- 003 1.9100e- 003 3.0000e- 005 1.9400e- 003 0.0000 5.7295 5.7295 1.7000e- 004 1.6000e- 004 5.7827 Total 3.1800e- 003 0.0176 0.0260 1.3000e- 004 9.5900e- 003 1.3000e- 004 9.7200e- 003 2.6000e- 003 1.3000e- 004 2.7300e- 003 0.0000 12.6532 12.6532 2.1000e- 004 1.2000e- 003 13.0179 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 15 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0378 0.7798 0.6065 9.9000e- 004 0.0329 0.0329 0.0329 0.0329 0.0000 81.7195 81.7195 0.0139 0.0000 82.0664 Total 0.0378 0.7798 0.6065 9.9000e- 004 0.0329 0.0329 0.0329 0.0329 0.0000 81.7195 81.7195 0.0139 0.0000 82.0664 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.9000e- 004 0.0158 4.7400e- 003 7.0000e- 005 2.3900e- 003 1.0000e- 004 2.4900e- 003 6.9000e- 004 1.0000e- 004 7.9000e- 004 0.0000 6.9237 6.9237 4.0000e- 005 1.0400e- 003 7.2352 Worker 2.7900e- 003 1.8100e- 003 0.0213 6.0000e- 005 7.2000e- 003 3.0000e- 005 7.2300e- 003 1.9100e- 003 3.0000e- 005 1.9400e- 003 0.0000 5.7295 5.7295 1.7000e- 004 1.6000e- 004 5.7827 Total 3.1800e- 003 0.0176 0.0260 1.3000e- 004 9.5900e- 003 1.3000e- 004 9.7200e- 003 2.6000e- 003 1.3000e- 004 2.7300e- 003 0.0000 12.6532 12.6532 2.1000e- 004 1.2000e- 003 13.0179 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 16 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0781 0.6085 0.6885 1.2100e- 003 0.0248 0.0248 0.0239 0.0239 0.0000 99.8862 99.8862 0.0166 0.0000 100.3021 Total 0.0781 0.6085 0.6885 1.2100e- 003 0.0248 0.0248 0.0239 0.0239 0.0000 99.8862 99.8862 0.0166 0.0000 100.3021 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.6000e- 004 0.0193 5.6600e- 003 9.0000e- 005 2.9200e- 003 1.2000e- 004 3.0400e- 003 8.4000e- 004 1.2000e- 004 9.6000e- 004 0.0000 8.3179 8.3179 4.0000e- 005 1.2500e- 003 8.6921 Worker 3.1500e- 003 1.9500e- 003 0.0240 7.0000e- 005 8.7900e- 003 4.0000e- 005 8.8300e- 003 2.3400e- 003 4.0000e- 005 2.3700e- 003 0.0000 6.8260 6.8260 1.9000e- 004 1.9000e- 004 6.8860 Total 3.6100e- 003 0.0213 0.0297 1.6000e- 004 0.0117 1.6000e- 004 0.0119 3.1800e- 003 1.6000e- 004 3.3300e- 003 0.0000 15.1439 15.1439 2.3000e- 004 1.4400e- 003 15.5781 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 17 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0462 0.9531 0.7413 1.2100e- 003 0.0402 0.0402 0.0402 0.0402 0.0000 99.8861 99.8861 0.0166 0.0000 100.3019 Total 0.0462 0.9531 0.7413 1.2100e- 003 0.0402 0.0402 0.0402 0.0402 0.0000 99.8861 99.8861 0.0166 0.0000 100.3019 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.6000e- 004 0.0193 5.6600e- 003 9.0000e- 005 2.9200e- 003 1.2000e- 004 3.0400e- 003 8.4000e- 004 1.2000e- 004 9.6000e- 004 0.0000 8.3179 8.3179 4.0000e- 005 1.2500e- 003 8.6921 Worker 3.1500e- 003 1.9500e- 003 0.0240 7.0000e- 005 8.7900e- 003 4.0000e- 005 8.8300e- 003 2.3400e- 003 4.0000e- 005 2.3700e- 003 0.0000 6.8260 6.8260 1.9000e- 004 1.9000e- 004 6.8860 Total 3.6100e- 003 0.0213 0.0297 1.6000e- 004 0.0117 1.6000e- 004 0.0119 3.1800e- 003 1.6000e- 004 3.3300e- 003 0.0000 15.1439 15.1439 2.3000e- 004 1.4400e- 003 15.5781 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 18 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 4.6300e- 003 0.0440 0.0662 1.0000e- 004 2.1100e- 003 2.1100e- 003 1.9500e- 003 1.9500e- 003 0.0000 8.8306 8.8306 2.8000e- 003 0.0000 8.9005 Paving 6.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 5.2900e- 003 0.0440 0.0662 1.0000e- 004 2.1100e- 003 2.1100e- 003 1.9500e- 003 1.9500e- 003 0.0000 8.8306 8.8306 2.8000e- 003 0.0000 8.9005 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Total 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 19 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 4.1200e- 003 0.0881 0.0739 1.0000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 8.8305 8.8305 2.8000e- 003 0.0000 8.9005 Paving 6.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 4.7800e- 003 0.0881 0.0739 1.0000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 8.8305 8.8305 2.8000e- 003 0.0000 8.9005 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Total 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 20 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0860 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.3600e- 003 9.1400e- 003 0.0136 2.0000e- 005 4.6000e- 004 4.6000e- 004 4.6000e- 004 4.6000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Total 0.0874 9.1400e- 003 0.0136 2.0000e- 005 4.6000e- 004 4.6000e- 004 4.6000e- 004 4.6000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Total 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 21 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0860 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.5000e- 004 0.0176 0.0137 2.0000e- 005 7.1000e- 004 7.1000e- 004 7.1000e- 004 7.1000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Total 0.0869 0.0176 0.0137 2.0000e- 005 7.1000e- 004 7.1000e- 004 7.1000e- 004 7.1000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Total 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 22 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.1710 0.2497 1.4024 3.0600e- 003 0.2979 2.5700e- 003 0.3005 0.0797 2.4100e- 003 0.0821 0.0000 287.4111 287.4111 0.0176 0.0168 292.8682 Unmitigated 0.1710 0.2497 1.4024 3.0600e- 003 0.2979 2.5700e- 003 0.3005 0.0797 2.4100e- 003 0.0821 0.0000 287.4111 287.4111 0.0176 0.0168 292.8682 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT City Park 0.00 0.00 0.00 Medical Office Building 405.99 405.99 405.99 794,624 794,624 Parking Lot 0.00 0.00 0.00 Total 405.99 405.99 405.99 794,624 794,624 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by City Park 9.50 7.30 7.30 33.00 48.00 19.00 66 28 6 Medical Office Building 9.50 7.30 7.30 29.60 51.40 19.00 60 30 10 Parking Lot 9.50 7.30 7.30 0.00 0.00 0.00 0 0 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 23 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ;:* *i Th!h -r*i I I i i T r i i i i 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH City Park 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 Medical Office Building 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 Parking Lot 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.2949 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.2949 10.2949 1.6700e- 003 2.0000e- 004 10.3967 NaturalGas Mitigated 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 NaturalGas Unmitigated 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 24 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I=1 I I I I I I I I I I I I I I I I I I I I I I I I I h I I I I I I I I I I I I I I 4 ■# - - ■# - - * 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Medical Office Building 151164 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 25 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Medical Office Building 151164 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 26 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Medical Office Building 103428 9.5696 1.5500e- 003 1.9000e- 004 9.6642 Parking Lot 7840 0.7254 1.2000e- 004 1.0000e- 005 0.7326 Total 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 27 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Medical Office Building 103428 9.5696 1.5500e- 003 1.9000e- 004 9.6642 Parking Lot 7840 0.7254 1.2000e- 004 1.0000e- 005 0.7326 Total 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 28 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Unmitigated 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 8.6000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0473 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 6.0000e- 005 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Total 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 29 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -t :: :: : 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 8.6000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0473 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 6.0000e- 005 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Total 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 30 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 1.4302 0.0480 1.1500e- 003 2.9724 Unmitigated 1.4302 0.0480 1.1500e- 003 2.9724 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0.428933 0.1389 2.0000e- 005 0.0000 0.1403 Medical Office Building 1.46812 / 0.279642 1.2913 0.0480 1.1500e- 003 2.8321 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 1.4302 0.0480 1.1500e- 003 2.9724 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 31 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0.428933 0.1389 2.0000e- 005 0.0000 0.1403 Medical Office Building 1.46812 / 0.279642 1.2913 0.0480 1.1500e- 003 2.8321 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 1.4302 0.0480 1.1500e- 003 2.9724 Mitigated 8.1 Mitigation Measures Waste 8.0 Waste Detail CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 32 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total CO2 CH4 N2O CO2e MT/yr Mitigated 25.6560 1.5162 0.0000 63.5617 Unmitigated 25.6560 1.5162 0.0000 63.5617 Category/Year 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0.03 6.0900e- 003 3.6000e- 004 0.0000 0.0151 Medical Office Building 126.36 25.6499 1.5159 0.0000 63.5466 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 25.6560 1.5162 0.0000 63.5617 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 33 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0.03 6.0900e- 003 3.6000e- 004 0.0000 0.0151 Medical Office Building 126.36 25.6499 1.5159 0.0000 63.5466 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 25.6560 1.5162 0.0000 63.5617 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 34 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I 11.0 Vegetation CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 35 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Valley Health Team Fresno County, Annual Project Characteristics - Land Use - Total project site is 1.23 acres Construction Phase - Construction is expected to start on July 2023 and last 12-14 months Grading - Set to default Demolition - Vehicle Trips - Trips rates based of 104 total daily trips Construction Off-road Equipment Mitigation - Mitigation Tier 2 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Single Family Housing 11.00 Dwelling Unit 1.23 19,800.00 31 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.2 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas and Electric Company 2024Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) Table Name Column Name Default Value New Value tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblLandUse LotAcreage 3.57 1.23 tblVehicleTrips ST_TR 9.54 9.45 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 1 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied JL -S_X -L X !!4!!4 i 2.0 Emissions Summary tblVehicleTrips SU_TR 8.55 9.45 tblVehicleTrips WD_TR 9.44 9.45 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 2 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 ■p ■■ I i. 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0989 0.7969 0.8238 1.4800e- 003 0.0244 0.0353 0.0597 0.0109 0.0338 0.0446 0.0000 124.1503 124.1503 0.0231 2.4000e- 004 124.8010 2024 0.2588 0.5690 0.6603 1.1700e- 003 2.4100e- 003 0.0234 0.0258 6.5000e- 004 0.0225 0.0231 0.0000 96.8703 96.8703 0.0165 1.8000e- 004 97.3368 Maximum 0.2588 0.7969 0.8238 1.4800e- 003 0.0244 0.0353 0.0597 0.0109 0.0338 0.0446 0.0000 124.1503 124.1503 0.0231 2.4000e- 004 124.8010 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0989 0.7969 0.8238 1.4800e- 003 0.0128 0.0353 0.0481 5.3700e- 003 0.0338 0.0391 0.0000 124.1502 124.1502 0.0231 2.4000e- 004 124.8008 2024 0.2588 0.5690 0.6603 1.1700e- 003 2.4100e- 003 0.0234 0.0258 6.5000e- 004 0.0225 0.0231 0.0000 96.8702 96.8702 0.0165 1.8000e- 004 97.3367 Maximum 0.2588 0.7969 0.8238 1.4800e- 003 0.0128 0.0353 0.0481 5.3700e- 003 0.0338 0.0391 0.0000 124.1502 124.1502 0.0231 2.4000e- 004 124.8008 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 3 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 43.28 0.00 13.58 47.65 0.00 8.09 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 7-3-2023 10-2-2023 0.4670 0.4670 2 10-3-2023 1-2-2024 0.4365 0.4365 3 1-3-2024 4-2-2024 0.4079 0.4079 4 4-3-2024 7-2-2024 0.4093 0.4093 Highest 0.4670 0.4670 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Energy 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 22.2257 22.2257 1.5800e- 003 4.2000e- 004 22.3898 Mobile 0.0511 0.0864 0.4839 1.1600e- 003 0.1142 9.5000e- 004 0.1151 0.0306 8.9000e- 004 0.0314 0.0000 108.5269 108.5269 5.6300e- 003 5.8900e- 003 110.4215 Waste 0.0000 0.0000 0.0000 0.0000 2.2654 0.0000 2.2654 0.1339 0.0000 5.6124 Water 0.0000 0.0000 0.0000 0.0000 0.2274 0.5051 0.7325 0.0234 5.6000e- 004 1.4857 Total 0.1764 0.1074 0.8001 2.0100e- 003 0.1142 0.0399 0.1540 0.0306 0.0398 0.0704 7.4653 136.1564 143.6217 0.1880 6.9600e- 003 150.3932 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 4 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Energy 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 22.2257 22.2257 1.5800e- 003 4.2000e- 004 22.3898 Mobile 0.0511 0.0864 0.4839 1.1600e- 003 0.1142 9.5000e- 004 0.1151 0.0306 8.9000e- 004 0.0314 0.0000 108.5269 108.5269 5.6300e- 003 5.8900e- 003 110.4215 Waste 0.0000 0.0000 0.0000 0.0000 2.2654 0.0000 2.2654 0.1339 0.0000 5.6124 Water 0.0000 0.0000 0.0000 0.0000 0.2274 0.5051 0.7325 0.0234 5.6000e- 004 1.4857 Total 0.1764 0.1074 0.8001 2.0100e- 003 0.1142 0.0399 0.1540 0.0306 0.0398 0.0704 7.4653 136.1564 143.6217 0.1880 6.9600e- 003 150.3932 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/3/2023 7/28/2023 5 20 2 Site Preparation Site Preparation 7/29/2023 8/1/2023 5 2 3 Grading Grading 8/2/2023 8/7/2023 5 4 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 5 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 8/8/2023 5/13/2024 5 200 5 Paving Paving 5/14/2024 5/27/2024 5 10 6 Architectural Coating Architectural Coating 5/28/2024 6/10/2024 5 10 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 1 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Building Construction Cranes 1 6.00 231 0.29 Building Construction Forklifts 1 6.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Grading Graders 1 8.00 187 0.41 Site Preparation Graders 1 8.00 187 0.41 Paving Pavers 1 6.00 130 0.42 Paving Paving Equipment 1 8.00 132 0.36 Paving Rollers 1 7.00 80 0.38 Demolition Rubber Tired Dozers 1 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Site Preparation Rubber Tired Dozers 1 7.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37 Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37 Residential Indoor: 40,095; Residential Outdoor: 13,365; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 1.88 Acres of Grading (Grading Phase): 4 Acres of Paving: 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 6 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.1 Mitigation Measures Construction Water Exposed Area Reduce Vehicle Speed on Unpaved Roads Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Building Construction Welders 3 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 5 13.00 0.00 6.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 4.00 1.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 1.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 7 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.8000e- 004 0.0000 6.8000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0147 0.1432 0.1346 2.4000e- 004 6.7700e- 003 6.7700e- 003 6.3300e- 003 6.3300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Total 0.0147 0.1432 0.1346 2.4000e- 004 6.8000e- 004 6.7700e- 003 7.4500e- 003 1.0000e- 004 6.3300e- 003 6.4300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 8 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 3.1000e- 004 0.0000 3.1000e- 004 5.0000e- 005 0.0000 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0147 0.1432 0.1346 2.4000e- 004 6.7700e- 003 6.7700e- 003 6.3300e- 003 6.3300e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Total 0.0147 0.1432 0.1346 2.4000e- 004 3.1000e- 004 6.7700e- 003 7.0800e- 003 5.0000e- 005 6.3300e- 003 6.3800e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 9 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.2700e- 003 0.0000 6.2700e- 003 3.0000e- 003 0.0000 3.0000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.1300e- 003 0.0124 6.6400e- 003 2.0000e- 005 5.1000e- 004 5.1000e- 004 4.7000e- 004 4.7000e- 004 0.0000 1.5114 1.5114 4.9000e- 004 0.0000 1.5236 Total 1.1300e- 003 0.0124 6.6400e- 003 2.0000e- 005 6.2700e- 003 5.1000e- 004 6.7800e- 003 3.0000e- 003 4.7000e- 004 3.4700e- 003 0.0000 1.5114 1.5114 4.9000e- 004 0.0000 1.5236 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.0000e- 005 2.0000e- 005 1.9000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0509 0.0509 0.0000 0.0000 0.0514 Total 2.0000e- 005 2.0000e- 005 1.9000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0509 0.0509 0.0000 0.0000 0.0514 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 10 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 2.8200e- 003 0.0000 2.8200e- 003 1.3500e- 003 0.0000 1.3500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.1300e- 003 0.0124 6.6400e- 003 2.0000e- 005 5.1000e- 004 5.1000e- 004 4.7000e- 004 4.7000e- 004 0.0000 1.5114 1.5114 4.9000e- 004 0.0000 1.5236 Total 1.1300e- 003 0.0124 6.6400e- 003 2.0000e- 005 2.8200e- 003 5.1000e- 004 3.3300e- 003 1.3500e- 003 4.7000e- 004 1.8200e- 003 0.0000 1.5114 1.5114 4.9000e- 004 0.0000 1.5236 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.0000e- 005 2.0000e- 005 1.9000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0509 0.0509 0.0000 0.0000 0.0514 Total 2.0000e- 005 2.0000e- 005 1.9000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0509 0.0509 0.0000 0.0000 0.0514 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 11 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0142 0.0000 0.0142 6.8500e- 003 0.0000 6.8500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.6700e- 003 0.0289 0.0174 4.0000e- 005 1.2100e- 003 1.2100e- 003 1.1100e- 003 1.1100e- 003 0.0000 3.6208 3.6208 1.1700e- 003 0.0000 3.6501 Total 2.6700e- 003 0.0289 0.0174 4.0000e- 005 0.0142 1.2100e- 003 0.0154 6.8500e- 003 1.1100e- 003 7.9600e- 003 0.0000 3.6208 3.6208 1.1700e- 003 0.0000 3.6501 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.0000e- 005 4.0000e- 005 4.7000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1273 0.1273 0.0000 0.0000 0.1285 Total 6.0000e- 005 4.0000e- 005 4.7000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1273 0.1273 0.0000 0.0000 0.1285 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 12 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.3700e- 003 0.0000 6.3700e- 003 3.0800e- 003 0.0000 3.0800e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.6700e- 003 0.0289 0.0174 4.0000e- 005 1.2100e- 003 1.2100e- 003 1.1100e- 003 1.1100e- 003 0.0000 3.6208 3.6208 1.1700e- 003 0.0000 3.6501 Total 2.6700e- 003 0.0289 0.0174 4.0000e- 005 6.3700e- 003 1.2100e- 003 7.5800e- 003 3.0800e- 003 1.1100e- 003 4.1900e- 003 0.0000 3.6208 3.6208 1.1700e- 003 0.0000 3.6501 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.0000e- 005 4.0000e- 005 4.7000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1273 0.1273 0.0000 0.0000 0.1285 Total 6.0000e- 005 4.0000e- 005 4.7000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1273 0.1273 0.0000 0.0000 0.1285 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 13 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0792 0.6089 0.6558 1.1500e- 003 0.0268 0.0268 0.0258 0.0258 0.0000 94.4315 94.4315 0.0160 0.0000 94.8324 Total 0.0792 0.6089 0.6558 1.1500e- 003 0.0268 0.0268 0.0258 0.0258 0.0000 94.4315 94.4315 0.0160 0.0000 94.8324 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 6.0000e- 005 2.2800e- 003 6.8000e- 004 1.0000e- 005 3.4000e- 004 1.0000e- 005 3.6000e- 004 1.0000e- 004 1.0000e- 005 1.1000e- 004 0.0000 1.0001 1.0001 1.0000e- 005 1.5000e- 004 1.0451 Worker 6.4000e- 004 4.2000e- 004 4.9200e- 003 1.0000e- 005 1.6600e- 003 1.0000e- 005 1.6700e- 003 4.4000e- 004 1.0000e- 005 4.5000e- 004 0.0000 1.3241 1.3241 4.0000e- 005 4.0000e- 005 1.3364 Total 7.0000e- 004 2.7000e- 003 5.6000e- 003 2.0000e- 005 2.0000e- 003 2.0000e- 005 2.0300e- 003 5.4000e- 004 2.0000e- 005 5.6000e- 004 0.0000 2.3242 2.3242 5.0000e- 005 1.9000e- 004 2.3815 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 14 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0792 0.6089 0.6558 1.1500e- 003 0.0268 0.0268 0.0258 0.0258 0.0000 94.4314 94.4314 0.0160 0.0000 94.8323 Total 0.0792 0.6089 0.6558 1.1500e- 003 0.0268 0.0268 0.0258 0.0258 0.0000 94.4314 94.4314 0.0160 0.0000 94.8323 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 6.0000e- 005 2.2800e- 003 6.8000e- 004 1.0000e- 005 3.4000e- 004 1.0000e- 005 3.6000e- 004 1.0000e- 004 1.0000e- 005 1.1000e- 004 0.0000 1.0001 1.0001 1.0000e- 005 1.5000e- 004 1.0451 Worker 6.4000e- 004 4.2000e- 004 4.9200e- 003 1.0000e- 005 1.6600e- 003 1.0000e- 005 1.6700e- 003 4.4000e- 004 1.0000e- 005 4.5000e- 004 0.0000 1.3241 1.3241 4.0000e- 005 4.0000e- 005 1.3364 Total 7.0000e- 004 2.7000e- 003 5.6000e- 003 2.0000e- 005 2.0000e- 003 2.0000e- 005 2.0300e- 003 5.4000e- 004 2.0000e- 005 5.6000e- 004 0.0000 2.3242 2.3242 5.0000e- 005 1.9000e- 004 2.3815 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 15 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0682 0.5311 0.6008 1.0600e- 003 0.0216 0.0216 0.0209 0.0209 0.0000 87.1734 87.1734 0.0145 0.0000 87.5363 Total 0.0682 0.5311 0.6008 1.0600e- 003 0.0216 0.0216 0.0209 0.0209 0.0000 87.1734 87.1734 0.0145 0.0000 87.5363 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 5.0000e- 005 2.1100e- 003 6.2000e- 004 1.0000e- 005 3.2000e- 004 1.0000e- 005 3.3000e- 004 9.0000e- 005 1.0000e- 005 1.0000e- 004 0.0000 0.9074 0.9074 0.0000 1.4000e- 004 0.9482 Worker 5.5000e- 004 3.4000e- 004 4.1900e- 003 1.0000e- 005 1.5300e- 003 1.0000e- 005 1.5400e- 003 4.1000e- 004 1.0000e- 005 4.1000e- 004 0.0000 1.1915 1.1915 3.0000e- 005 3.0000e- 005 1.2019 Total 6.0000e- 004 2.4500e- 003 4.8100e- 003 2.0000e- 005 1.8500e- 003 2.0000e- 005 1.8700e- 003 5.0000e- 004 2.0000e- 005 5.1000e- 004 0.0000 2.0989 2.0989 3.0000e- 005 1.7000e- 004 2.1502 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 16 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0682 0.5311 0.6008 1.0600e- 003 0.0216 0.0216 0.0209 0.0209 0.0000 87.1733 87.1733 0.0145 0.0000 87.5362 Total 0.0682 0.5311 0.6008 1.0600e- 003 0.0216 0.0216 0.0209 0.0209 0.0000 87.1733 87.1733 0.0145 0.0000 87.5362 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 5.0000e- 005 2.1100e- 003 6.2000e- 004 1.0000e- 005 3.2000e- 004 1.0000e- 005 3.3000e- 004 9.0000e- 005 1.0000e- 005 1.0000e- 004 0.0000 0.9074 0.9074 0.0000 1.4000e- 004 0.9482 Worker 5.5000e- 004 3.4000e- 004 4.1900e- 003 1.0000e- 005 1.5300e- 003 1.0000e- 005 1.5400e- 003 4.1000e- 004 1.0000e- 005 4.1000e- 004 0.0000 1.1915 1.1915 3.0000e- 005 3.0000e- 005 1.2019 Total 6.0000e- 004 2.4500e- 003 4.8100e- 003 2.0000e- 005 1.8500e- 003 2.0000e- 005 1.8700e- 003 5.0000e- 004 2.0000e- 005 5.1000e- 004 0.0000 2.0989 2.0989 3.0000e- 005 1.7000e- 004 2.1502 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 17 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 3.0900e- 003 0.0293 0.0441 7.0000e- 005 1.4100e- 003 1.4100e- 003 1.3000e- 003 1.3000e- 003 0.0000 5.8870 5.8870 1.8700e- 003 0.0000 5.9337 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.0900e- 003 0.0293 0.0441 7.0000e- 005 1.4100e- 003 1.4100e- 003 1.3000e- 003 1.3000e- 003 0.0000 5.8870 5.8870 1.8700e- 003 0.0000 5.9337 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.1000e- 004 1.4200e- 003 0.0000 5.2000e- 004 0.0000 5.2000e- 004 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.4034 0.4034 1.0000e- 005 1.0000e- 005 0.4069 Total 1.9000e- 004 1.1000e- 004 1.4200e- 003 0.0000 5.2000e- 004 0.0000 5.2000e- 004 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.4034 0.4034 1.0000e- 005 1.0000e- 005 0.4069 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 18 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 3.0900e- 003 0.0293 0.0441 7.0000e- 005 1.4100e- 003 1.4100e- 003 1.3000e- 003 1.3000e- 003 0.0000 5.8870 5.8870 1.8700e- 003 0.0000 5.9337 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.0900e- 003 0.0293 0.0441 7.0000e- 005 1.4100e- 003 1.4100e- 003 1.3000e- 003 1.3000e- 003 0.0000 5.8870 5.8870 1.8700e- 003 0.0000 5.9337 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.1000e- 004 1.4200e- 003 0.0000 5.2000e- 004 0.0000 5.2000e- 004 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.4034 0.4034 1.0000e- 005 1.0000e- 005 0.4069 Total 1.9000e- 004 1.1000e- 004 1.4200e- 003 0.0000 5.2000e- 004 0.0000 5.2000e- 004 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.4034 0.4034 1.0000e- 005 1.0000e- 005 0.4069 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 19 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.1858 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 9.0000e- 004 6.0900e- 003 9.0500e- 003 1.0000e- 005 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 1.2766 1.2766 7.0000e- 005 0.0000 1.2784 Total 0.1867 6.0900e- 003 9.0500e- 003 1.0000e- 005 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 1.2766 1.2766 7.0000e- 005 0.0000 1.2784 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.0000e- 005 1.0000e- 005 1.1000e- 004 0.0000 4.0000e- 005 0.0000 4.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0310 0.0310 0.0000 0.0000 0.0313 Total 1.0000e- 005 1.0000e- 005 1.1000e- 004 0.0000 4.0000e- 005 0.0000 4.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0310 0.0310 0.0000 0.0000 0.0313 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 20 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.1858 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 9.0000e- 004 6.0900e- 003 9.0500e- 003 1.0000e- 005 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 1.2766 1.2766 7.0000e- 005 0.0000 1.2784 Total 0.1867 6.0900e- 003 9.0500e- 003 1.0000e- 005 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 1.2766 1.2766 7.0000e- 005 0.0000 1.2784 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.0000e- 005 1.0000e- 005 1.1000e- 004 0.0000 4.0000e- 005 0.0000 4.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0310 0.0310 0.0000 0.0000 0.0313 Total 1.0000e- 005 1.0000e- 005 1.1000e- 004 0.0000 4.0000e- 005 0.0000 4.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0310 0.0310 0.0000 0.0000 0.0313 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 21 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0511 0.0864 0.4839 1.1600e- 003 0.1142 9.5000e- 004 0.1151 0.0306 8.9000e- 004 0.0314 0.0000 108.5269 108.5269 5.6300e- 003 5.8900e- 003 110.4215 Unmitigated 0.0511 0.0864 0.4839 1.1600e- 003 0.1142 9.5000e- 004 0.1151 0.0306 8.9000e- 004 0.0314 0.0000 108.5269 108.5269 5.6300e- 003 5.8900e- 003 110.4215 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Single Family Housing 103.95 103.95 103.95 304,539 304,539 Total 103.95 103.95 103.95 304,539 304,539 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Single Family Housing 10.80 7.30 7.50 48.40 15.90 35.70 86 11 3 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Single Family Housing 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 22 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I I I 3 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 8.1156 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 8.1156 8.1156 1.3100e- 003 1.6000e- 004 8.1958 NaturalGas Mitigated 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 NaturalGas Unmitigated 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 23 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* - - + 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Single Family Housing 264413 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 Total 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Single Family Housing 264413 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 Total 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 24 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I:i.i. i. ii 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Single Family Housing 87713.6 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Total 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Single Family Housing 87713.6 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Total 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 25 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,I i. i. i. k,I I I k,I I I il I I I ii ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Unmitigated 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0186 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0773 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 0.0256 7.8300e- 003 0.2294 7.7000e- 004 0.0375 0.0375 0.0375 0.0375 4.9726 4.7653 9.7378 0.0233 9.0000e- 005 10.3473 Landscaping 2.4500e- 003 9.4000e- 004 0.0816 0.0000 4.5000e- 004 4.5000e- 004 4.5000e- 004 4.5000e- 004 0.0000 0.1334 0.1334 1.3000e- 004 0.0000 0.1366 Total 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 26 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied * 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0186 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0773 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 0.0256 7.8300e- 003 0.2294 7.7000e- 004 0.0375 0.0375 0.0375 0.0375 4.9726 4.7653 9.7378 0.0233 9.0000e- 005 10.3473 Landscaping 2.4500e- 003 9.4000e- 004 0.0816 0.0000 4.5000e- 004 4.5000e- 004 4.5000e- 004 4.5000e- 004 0.0000 0.1334 0.1334 1.3000e- 004 0.0000 0.1366 Total 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 27 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■# - - -* ■* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 0.7325 0.0234 5.6000e- 004 1.4857 Unmitigated 0.7325 0.0234 5.6000e- 004 1.4857 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Single Family Housing 0.716694 / 0.451829 0.7325 0.0234 5.6000e- 004 1.4857 Total 0.7325 0.0234 5.6000e- 004 1.4857 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 28 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1. tlIi. 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Single Family Housing 0.716694 / 0.451829 0.7325 0.0234 5.6000e- 004 1.4857 Total 0.7325 0.0234 5.6000e- 004 1.4857 Mitigated 8.1 Mitigation Measures Waste 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 2.2654 0.1339 0.0000 5.6124 Unmitigated 2.2654 0.1339 0.0000 5.6124 Category/Year CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 29 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied tl I I IIi.I I Ii.I I I i. 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Single Family Housing 11.16 2.2654 0.1339 0.0000 5.6124 Total 2.2654 0.1339 0.0000 5.6124 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Single Family Housing 11.16 2.2654 0.1339 0.0000 5.6124 Total 2.2654 0.1339 0.0000 5.6124 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 30 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,II k.Ii.I1. il I k,I A.i i. 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 31 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled Fresno County, Annual Project Characteristics - Land Use - Total project site is 1.23 acres Construction Phase - Construction is expected to start on July 2023 and last 12-14 months Demolition - Grading - Set to default Vehicle Trips - Trips rates based of 406 total daily trips and taking into account 10% bus trips and 25% telemedicine appointments. Also revised the trip lenght to reflect that patients and visitors would be from within Pinedale. Construction Off-road Equipment Mitigation - Mitigation Tier 2 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Medical Office Building 11.70 1000sqft 0.37 11,700.00 0 Parking Lot 56.00 Space 0.50 22,400.00 0 City Park 0.36 Acre 0.36 15,681.60 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.2 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas and Electric Company 2024Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) Table Name Column Name Default Value New Value tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 1 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I -5.±-L J. tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 8.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstructionPhase NumDays 10.00 15.00 tblConstructionPhase NumDays 4.00 10.00 tblConstructionPhase NumDays 10.00 15.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 2 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 4 r!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! -i- i mm 2.0 Emissions Summary tblConstructionPhase NumDays 2.00 10.00 tblLandUse LotAcreage 0.27 0.37 tblVehicleTrips CC_TL 7.30 2.00 tblVehicleTrips CNW_TL 7.30 2.00 tblVehicleTrips CW_TL 9.50 2.00 tblVehicleTrips ST_TR 1.96 0.00 tblVehicleTrips ST_TR 8.57 22.60 tblVehicleTrips SU_TR 2.19 0.00 tblVehicleTrips SU_TR 1.42 22.60 tblVehicleTrips WD_TR 0.78 0.00 tblVehicleTrips WD_TR 34.80 22.60 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 3 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 4 r!! T!! T!! T!! T!! T!! T!! T!! T!! -i- i mm 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0995 0.8231 0.8101 1.5700e- 003 0.0788 0.0356 0.1144 0.0353 0.0339 0.0693 0.0000 133.6389 133.6389 0.0249 1.2700e- 003 134.6395 2024 0.1747 0.6831 0.8007 1.5100e- 003 0.0127 0.0275 0.0403 3.4500e- 003 0.0265 0.0299 0.0000 126.5668 126.5668 0.0198 1.4600e- 003 127.4965 Maximum 0.1747 0.8231 0.8101 1.5700e- 003 0.0788 0.0356 0.1144 0.0353 0.0339 0.0693 0.0000 133.6389 133.6389 0.0249 1.4600e- 003 134.6395 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0561 1.1756 0.9018 1.5700e- 003 0.0417 0.0446 0.0863 0.0176 0.0445 0.0621 0.0000 133.6388 133.6388 0.0249 1.2700e- 003 134.6393 2024 0.1418 1.0803 0.8614 1.5100e- 003 0.0127 0.0442 0.0569 3.4500e- 003 0.0442 0.0476 0.0000 126.5667 126.5667 0.0198 1.4600e- 003 127.4964 Maximum 0.1418 1.1756 0.9018 1.5700e- 003 0.0417 0.0446 0.0863 0.0176 0.0445 0.0621 0.0000 133.6388 133.6388 0.0249 1.4600e- 003 134.6393 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 4 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 27.84 -49.78 -9.47 0.00 40.51 -40.54 7.42 45.75 -46.86 -10.66 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 7-3-2023 10-2-2023 0.4499 0.5924 2 10-3-2023 1-2-2024 0.4499 0.6126 3 1-3-2024 4-2-2024 0.4208 0.6056 4 4-3-2024 7-2-2024 0.3588 0.5215 5 7-3-2024 9-30-2024 0.0460 0.0498 Highest 0.4499 0.6126 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Energy 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 18.3616 18.3616 1.8200e- 003 3.5000e- 004 18.5114 Mobile 0.0836 0.0766 0.4359 5.7000e- 004 0.0491 5.7000e- 004 0.0496 0.0131 5.3000e- 004 0.0137 0.0000 53.5540 53.5540 7.0700e- 003 4.9500e- 003 55.2059 Waste 0.0000 0.0000 0.0000 0.0000 25.6560 0.0000 25.6560 1.5162 0.0000 63.5617 Water 0.0000 0.0000 0.0000 0.0000 0.4658 0.9645 1.4302 0.0480 1.1500e- 003 2.9724 Total 0.1403 0.0841 0.4427 6.1000e- 004 0.0491 1.1300e- 003 0.0502 0.0131 1.0900e- 003 0.0142 26.1218 72.8813 99.0031 1.5731 6.4500e- 003 140.2527 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 5 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Energy 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 18.3616 18.3616 1.8200e- 003 3.5000e- 004 18.5114 Mobile 0.0836 0.0766 0.4359 5.7000e- 004 0.0491 5.7000e- 004 0.0496 0.0131 5.3000e- 004 0.0137 0.0000 53.5540 53.5540 7.0700e- 003 4.9500e- 003 55.2059 Waste 0.0000 0.0000 0.0000 0.0000 25.6560 0.0000 25.6560 1.5162 0.0000 63.5617 Water 0.0000 0.0000 0.0000 0.0000 0.4658 0.9645 1.4302 0.0480 1.1500e- 003 2.9724 Total 0.1403 0.0841 0.4427 6.1000e- 004 0.0491 1.1300e- 003 0.0502 0.0131 1.0900e- 003 0.0142 26.1218 72.8813 99.0031 1.5731 6.4500e- 003 140.2527 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/3/2023 7/28/2023 5 20 2 Site Preparation Site Preparation 7/31/2023 8/11/2023 5 10 3 Grading Grading 8/14/2023 8/25/2023 5 10 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 6 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 8/28/2023 5/31/2024 5 200 5 Paving Paving 6/3/2024 6/21/2024 5 15 6 Architectural Coating Architectural Coating 6/24/2024 7/12/2024 5 15 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Demolition Rubber Tired Dozers 1 8.00 247 0.40 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37 Site Preparation Graders 1 8.00 187 0.41 Site Preparation Rubber Tired Dozers 1 7.00 247 0.40 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Grading Graders 1 8.00 187 0.41 Grading Rubber Tired Dozers 1 8.00 247 0.40 Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37 Building Construction Cranes 1 6.00 231 0.29 Building Construction Forklifts 1 6.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Building Construction Welders 3 8.00 46 0.45 Paving Cement and Mortar Mixers 1 6.00 9 0.56 Paving Pavers 1 6.00 130 0.42 Paving Paving Equipment 1 8.00 132 0.36 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 17,550; Non-Residential Outdoor: 5,850; Striped Parking Area: 1,344 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 9.38 Acres of Grading (Grading Phase): 10 Acres of Paving: 0.5 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 7 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.1 Mitigation Measures Construction Use Cleaner Engines for Construction Equipment Water Exposed Area Reduce Vehicle Speed on Unpaved Roads Paving Rollers 1 7.00 80 0.38 Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Architectural Coating Air Compressors 1 6.00 78 0.48 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 5 13.00 0.00 6.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 20.00 8.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 4.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 8 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.8000e- 004 0.0000 6.8000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0147 0.1432 0.1346 2.4000e- 004 6.7700e- 003 6.7700e- 003 6.3300e- 003 6.3300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Total 0.0147 0.1432 0.1346 2.4000e- 004 6.8000e- 004 6.7700e- 003 7.4500e- 003 1.0000e- 004 6.3300e- 003 6.4300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 9 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 3.1000e- 004 0.0000 3.1000e- 004 5.0000e- 005 0.0000 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.8600e- 003 0.2121 0.1542 2.4000e- 004 7.1800e- 003 7.1800e- 003 7.1800e- 003 7.1800e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Total 8.8600e- 003 0.2121 0.1542 2.4000e- 004 3.1000e- 004 7.1800e- 003 7.4900e- 003 5.0000e- 005 7.1800e- 003 7.2300e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 10 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0313 0.0000 0.0313 0.0150 0.0000 0.0150 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 5.6700e- 003 0.0621 0.0332 9.0000e- 005 2.5400e- 003 2.5400e- 003 2.3300e- 003 2.3300e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Total 5.6700e- 003 0.0621 0.0332 9.0000e- 005 0.0313 2.5400e- 003 0.0339 0.0150 2.3300e- 003 0.0174 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Total 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 11 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0141 0.0000 0.0141 6.7600e- 003 0.0000 6.7600e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.4500e- 003 0.0747 0.0491 9.0000e- 005 1.8700e- 003 1.8700e- 003 1.8700e- 003 1.8700e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Total 2.4500e- 003 0.0747 0.0491 9.0000e- 005 0.0141 1.8700e- 003 0.0160 6.7600e- 003 1.8700e- 003 8.6300e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Total 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 12 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0354 0.0000 0.0354 0.0171 0.0000 0.0171 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6700e- 003 0.0723 0.0435 1.0000e- 004 3.0200e- 003 3.0200e- 003 2.7800e- 003 2.7800e- 003 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1252 Total 6.6700e- 003 0.0723 0.0435 1.0000e- 004 0.0354 3.0200e- 003 0.0384 0.0171 2.7800e- 003 0.0199 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1252 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Total 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 13 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0159 0.0000 0.0159 7.7100e- 003 0.0000 7.7100e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.1300e- 003 0.0905 0.0607 1.0000e- 004 2.4300e- 003 2.4300e- 003 2.4300e- 003 2.4300e- 003 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1251 Total 3.1300e- 003 0.0905 0.0607 1.0000e- 004 0.0159 2.4300e- 003 0.0184 7.7100e- 003 2.4300e- 003 0.0101 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1251 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Total 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 14 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0686 0.5270 0.5675 9.9000e- 004 0.0232 0.0232 0.0224 0.0224 0.0000 81.7196 81.7196 0.0139 0.0000 82.0665 Total 0.0686 0.5270 0.5675 9.9000e- 004 0.0232 0.0232 0.0224 0.0224 0.0000 81.7196 81.7196 0.0139 0.0000 82.0665 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.9000e- 004 0.0158 4.7400e- 003 7.0000e- 005 2.3900e- 003 1.0000e- 004 2.4900e- 003 6.9000e- 004 1.0000e- 004 7.9000e- 004 0.0000 6.9237 6.9237 4.0000e- 005 1.0400e- 003 7.2352 Worker 2.7900e- 003 1.8100e- 003 0.0213 6.0000e- 005 7.2000e- 003 3.0000e- 005 7.2300e- 003 1.9100e- 003 3.0000e- 005 1.9400e- 003 0.0000 5.7295 5.7295 1.7000e- 004 1.6000e- 004 5.7827 Total 3.1800e- 003 0.0176 0.0260 1.3000e- 004 9.5900e- 003 1.3000e- 004 9.7200e- 003 2.6000e- 003 1.3000e- 004 2.7300e- 003 0.0000 12.6532 12.6532 2.1000e- 004 1.2000e- 003 13.0179 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 15 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0378 0.7798 0.6065 9.9000e- 004 0.0329 0.0329 0.0329 0.0329 0.0000 81.7195 81.7195 0.0139 0.0000 82.0664 Total 0.0378 0.7798 0.6065 9.9000e- 004 0.0329 0.0329 0.0329 0.0329 0.0000 81.7195 81.7195 0.0139 0.0000 82.0664 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.9000e- 004 0.0158 4.7400e- 003 7.0000e- 005 2.3900e- 003 1.0000e- 004 2.4900e- 003 6.9000e- 004 1.0000e- 004 7.9000e- 004 0.0000 6.9237 6.9237 4.0000e- 005 1.0400e- 003 7.2352 Worker 2.7900e- 003 1.8100e- 003 0.0213 6.0000e- 005 7.2000e- 003 3.0000e- 005 7.2300e- 003 1.9100e- 003 3.0000e- 005 1.9400e- 003 0.0000 5.7295 5.7295 1.7000e- 004 1.6000e- 004 5.7827 Total 3.1800e- 003 0.0176 0.0260 1.3000e- 004 9.5900e- 003 1.3000e- 004 9.7200e- 003 2.6000e- 003 1.3000e- 004 2.7300e- 003 0.0000 12.6532 12.6532 2.1000e- 004 1.2000e- 003 13.0179 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 16 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0781 0.6085 0.6885 1.2100e- 003 0.0248 0.0248 0.0239 0.0239 0.0000 99.8862 99.8862 0.0166 0.0000 100.3021 Total 0.0781 0.6085 0.6885 1.2100e- 003 0.0248 0.0248 0.0239 0.0239 0.0000 99.8862 99.8862 0.0166 0.0000 100.3021 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.6000e- 004 0.0193 5.6600e- 003 9.0000e- 005 2.9200e- 003 1.2000e- 004 3.0400e- 003 8.4000e- 004 1.2000e- 004 9.6000e- 004 0.0000 8.3179 8.3179 4.0000e- 005 1.2500e- 003 8.6921 Worker 3.1500e- 003 1.9500e- 003 0.0240 7.0000e- 005 8.7900e- 003 4.0000e- 005 8.8300e- 003 2.3400e- 003 4.0000e- 005 2.3700e- 003 0.0000 6.8260 6.8260 1.9000e- 004 1.9000e- 004 6.8860 Total 3.6100e- 003 0.0213 0.0297 1.6000e- 004 0.0117 1.6000e- 004 0.0119 3.1800e- 003 1.6000e- 004 3.3300e- 003 0.0000 15.1439 15.1439 2.3000e- 004 1.4400e- 003 15.5781 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 17 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0462 0.9531 0.7413 1.2100e- 003 0.0402 0.0402 0.0402 0.0402 0.0000 99.8861 99.8861 0.0166 0.0000 100.3019 Total 0.0462 0.9531 0.7413 1.2100e- 003 0.0402 0.0402 0.0402 0.0402 0.0000 99.8861 99.8861 0.0166 0.0000 100.3019 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.6000e- 004 0.0193 5.6600e- 003 9.0000e- 005 2.9200e- 003 1.2000e- 004 3.0400e- 003 8.4000e- 004 1.2000e- 004 9.6000e- 004 0.0000 8.3179 8.3179 4.0000e- 005 1.2500e- 003 8.6921 Worker 3.1500e- 003 1.9500e- 003 0.0240 7.0000e- 005 8.7900e- 003 4.0000e- 005 8.8300e- 003 2.3400e- 003 4.0000e- 005 2.3700e- 003 0.0000 6.8260 6.8260 1.9000e- 004 1.9000e- 004 6.8860 Total 3.6100e- 003 0.0213 0.0297 1.6000e- 004 0.0117 1.6000e- 004 0.0119 3.1800e- 003 1.6000e- 004 3.3300e- 003 0.0000 15.1439 15.1439 2.3000e- 004 1.4400e- 003 15.5781 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 18 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 4.6300e- 003 0.0440 0.0662 1.0000e- 004 2.1100e- 003 2.1100e- 003 1.9500e- 003 1.9500e- 003 0.0000 8.8306 8.8306 2.8000e- 003 0.0000 8.9005 Paving 6.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 5.2900e- 003 0.0440 0.0662 1.0000e- 004 2.1100e- 003 2.1100e- 003 1.9500e- 003 1.9500e- 003 0.0000 8.8306 8.8306 2.8000e- 003 0.0000 8.9005 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Total 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 19 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 4.1200e- 003 0.0881 0.0739 1.0000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 8.8305 8.8305 2.8000e- 003 0.0000 8.9005 Paving 6.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 4.7800e- 003 0.0881 0.0739 1.0000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 8.8305 8.8305 2.8000e- 003 0.0000 8.9005 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Total 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 20 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0860 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.3600e- 003 9.1400e- 003 0.0136 2.0000e- 005 4.6000e- 004 4.6000e- 004 4.6000e- 004 4.6000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Total 0.0874 9.1400e- 003 0.0136 2.0000e- 005 4.6000e- 004 4.6000e- 004 4.6000e- 004 4.6000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Total 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 21 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0860 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.5000e- 004 0.0176 0.0137 2.0000e- 005 7.1000e- 004 7.1000e- 004 7.1000e- 004 7.1000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Total 0.0869 0.0176 0.0137 2.0000e- 005 7.1000e- 004 7.1000e- 004 7.1000e- 004 7.1000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Total 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 22 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0836 0.0766 0.4359 5.7000e- 004 0.0491 5.7000e- 004 0.0496 0.0131 5.3000e- 004 0.0137 0.0000 53.5540 53.5540 7.0700e- 003 4.9500e- 003 55.2059 Unmitigated 0.0836 0.0766 0.4359 5.7000e- 004 0.0491 5.7000e- 004 0.0496 0.0131 5.3000e- 004 0.0137 0.0000 53.5540 53.5540 7.0700e- 003 4.9500e- 003 55.2059 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT City Park 0.00 0.00 0.00 Medical Office Building 264.42 264.42 264.42 130,898 130,898 Parking Lot 0.00 0.00 0.00 Total 264.42 264.42 264.42 130,898 130,898 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by City Park 9.50 7.30 7.30 33.00 48.00 19.00 66 28 6 Medical Office Building 2.00 2.00 2.00 29.60 51.40 19.00 60 30 10 Parking Lot 9.50 7.30 7.30 0.00 0.00 0.00 0 0 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 23 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ;:* *i Th!h -r*i I I i i T r i i i i 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH City Park 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 Medical Office Building 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 Parking Lot 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.2949 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.2949 10.2949 1.6700e- 003 2.0000e- 004 10.3967 NaturalGas Mitigated 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 NaturalGas Unmitigated 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 24 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I=1 I I I I I I I I I I I I I I I I I I I I I I I I I h I I I I I I I I I I I I I I 4 ■# - - ■# - - * 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Medical Office Building 151164 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 25 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Medical Office Building 151164 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 26 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Medical Office Building 103428 9.5696 1.5500e- 003 1.9000e- 004 9.6642 Parking Lot 7840 0.7254 1.2000e- 004 1.0000e- 005 0.7326 Total 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 27 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Medical Office Building 103428 9.5696 1.5500e- 003 1.9000e- 004 9.6642 Parking Lot 7840 0.7254 1.2000e- 004 1.0000e- 005 0.7326 Total 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 28 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Unmitigated 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 8.6000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0473 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 6.0000e- 005 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Total 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 29 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -t :: :: : 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 8.6000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0473 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 6.0000e- 005 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Total 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 30 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 1.4302 0.0480 1.1500e- 003 2.9724 Unmitigated 1.4302 0.0480 1.1500e- 003 2.9724 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0.428933 0.1389 2.0000e- 005 0.0000 0.1403 Medical Office Building 1.46812 / 0.279642 1.2913 0.0480 1.1500e- 003 2.8321 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 1.4302 0.0480 1.1500e- 003 2.9724 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 31 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0.428933 0.1389 2.0000e- 005 0.0000 0.1403 Medical Office Building 1.46812 / 0.279642 1.2913 0.0480 1.1500e- 003 2.8321 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 1.4302 0.0480 1.1500e- 003 2.9724 Mitigated 8.1 Mitigation Measures Waste 8.0 Waste Detail CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 32 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total CO2 CH4 N2O CO2e MT/yr Mitigated 25.6560 1.5162 0.0000 63.5617 Unmitigated 25.6560 1.5162 0.0000 63.5617 Category/Year 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0.03 6.0900e- 003 3.6000e- 004 0.0000 0.0151 Medical Office Building 126.36 25.6499 1.5159 0.0000 63.5466 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 25.6560 1.5162 0.0000 63.5617 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 33 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0.03 6.0900e- 003 3.6000e- 004 0.0000 0.0151 Medical Office Building 126.36 25.6499 1.5159 0.0000 63.5466 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 25.6560 1.5162 0.0000 63.5617 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 34 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I 11.0 Vegetation CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 35 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Appendix B Cultural Resource Assessment CULTURAL RESOURCE ASSESSMENT FOR THE VALLEY HEALTH TEAM PROJECT AREA, PINEDALE, COUNTY OF FRESNO, CALIFORNIA Prepared by Melinda A. Peak Peak & Associates, Inc. 3941 Park Drive, Suite 20-329 El Dorado Hills, CA 95762 (916) 939-2405 Prepared for Valley Health Team March 3, 2022 (Job #22-010) 1 INTRODUCTION The proposed undertaking involves the development of a medical clinic with related parking and landscaping on a project area within the City of Fresno, California. The roughly 1.5-acre tract is located to the south of West Fir Street, west of North Sugar Pine Avenue, and north of West Beechwood Avenue. The project area is located in section 33, Township 12 South, Range 20 East, mapped on the Herndon USGS topographic quadrangle (Figures 1 and 2). Melinda A. Peak, senior historian/archeologist with Peak & Associates, Inc. served as principal investigator for the study with Michael Lawson (resumes, Appendix 1) completing the field survey. STATE REGULATIONS State historic preservation regulations affecting this project include the statutes and guidelines contained in the California Environmental Quality Act (CEQA; Public Resources Code sections 21083.2 and 21084.1 and sections 15064.5 and 15126.4 (b) of the CEQA Guidelines). CEQA Section 15064.5 requires that lead agencies determine whether projects may have a significant effect on archaeological and historical resources. Public Resources Code Section 21098.1 further cites: A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. An “historical resource” includes, but is not limited to, any object, building, structure, site, area, place, record or manuscript that is historically or archaeologically significant (Public Resources Code section 5020.1). Advice on procedures to identify such resources, evaluate their importance, and estimate potential effects is given in several agency publications such as the series produced by the Governor’s Office of Planning and Research (OPR), CEQA and Archaeological Resources, 1994. The technical advice series produced by OPR strongly recommends that Native American concerns and the concerns of other interested persons and corporate entities, including, but not limited to, museums, historical commissions, associations and societies be solicited as part of the process of cultural resources inventory. In addition, California law protects Native American burials, skeletal remains, and associated grave goods regardless of the antiquity and provides for the sensitive treatment and disposition of those remains (California Health and Safety Code Section 7050.5, California Public Resources Codes Sections 5097.94 et al). The California Register of Historical Resources (Public Resources Code Section 5020 et seq.) The State Historic Preservation Office (SHPO) maintains the California Register of Historical Resources (CRHR). Properties listed, or formally designated as eligible for listing, on the National SUBDIVIDED LAND IN POR. SEC.33, T. 12 S„ R.20 E„ M.D.B.& M.Tax Rate Area303-16■■S 3i4 s-mVHT PINEDALE PROJECT%\\jj1‘m 1 00'■3 TAT;ST, aW. FIR::x;45c1-i..A—■“F-r---FT-Tr;- r -:if T.■ir>'2?rr;iI 3 I I3S 3D 40r iii£fiLi i s'.■£dT ‘4,2*3!S 132c; 2?22 23.2425 i »?? 25JP : 1031 | 3*33 | 34 3536 3?? ©11 , 12 13,14 16TG . 1723 4 5 16■-UI: .■:Z-i 33 -i®jI4■ia> S'#©[<§>■;sCl-I.ran^;*>4m.w,j ■C£X27@i Sj■■G&®1o'.CO.**'■3 „ . to i<0JrII!JI' '47 45 $45 -V, Ki*1 ti 54 5311 I 10 9.74 ; 7372 \n TOas' if£2 j siSO ' 49 48US ffl07 ' -SB6G S3JO 7*. 7# 77 W 75■i11-Sfj'I\'rXS|*8■i •Ili1rorj-lJZu 3UTL*-23- I ■-- L.-.L:J.!*- ■-!' JX' ^±*■4-iJr4rf4rJ@- ®S l/V. z BEECHWOOD■■AVE.■ftfa■-*.■t .f *-■i■--iT-™7”:—:—“ T-~~&r&7 Tr23-r *' 'I■I..-uJ}■}■-lJ!1:■••Ir-I!1)■Yif.■7I'—1\© \ H^ (0a■•-41■■ r *f47 45&.d33*3 14415 I 4526 ' 2027 | a2S- | 3031 13?33 | 3433 iap37,3S WA.CLf3S :AiD 4J i 4212 13 i 4, 15 1617 18 i 19 2021 2222 1 24'TTU■J Ci)■■©I■.■cUJ■.'s'"rl■aa@1 S} @1—1■s® mtm'g-U!]M~\—\’T. S ?Q_ir-L_I39 §> @>@1^ @1 @ @! 8<L'.'J1,Si''7cr5uj(166^'v ■:Ia*■C3COiTil67 156^66OFiL30 @1 if54 i SJ i B2 5f J 307ff 75ea1 7S78 77 74 | 73 72 i 71 1 70: (fl? i «7fiJ fiSG£ l 6?SO ■ SO SBBB ‘ SftS'J534 1 iKflP i 33ih-iP S;iCO2:i.• PS1Iii■%md■-'Oli*l■ATI4iLj/J 25’ »■iU3,i4a■$r**0'■?.■»Jr;-'■fjii-a-#cr,3341'AVF.IV. HERNDON4j 3rIAssessor's Wap Bk. 303 - Pg. 16 County of Fresno, Calff.FIGURE 1Pfnedale Townslte - Plat Bk. 9. Pgs.92 & 93Bk.407NOTE -Assessor's Block Numbers Stiown hi Ellipses Assessor's Parcel Numbers Shown in Circles.lr 10 2014 Dx Figure 2 ..• .0fc- PA i.VHT PINEDALE PROJECTAJB—UMT7Wu)*Fort Washington Lincoln Sch TEAGUE —.6I' A 27I28/k ii&c :*'I *I 05 fsj p ■ • •• AI /'.0/ /UJ-Well SLAVONIANavel *Pit I J55S QI (7 36/-<-3 50-.t)A * t; si / /,'N &360LifI'350kiV-i V 'j’f ;&XJ BMi /;*1135!NEESm If ‘ '355■na /Uj a3,<1 m] W-~-?Y y ■■■<r.UJE^SSrJo % i 7)J aTrailer Parks *II 0. .IQ: UJ1*k. 1 '•■PV «o°°ZU lim UJS ■ •/x/V -.. I**a 340'33 ALLUVIAL 3523*9\ I,-.CANAL Cy'k£ 0JHs... Wvt— 1 I il JL««UJ4l-mLf •••-BMi ■350-**Project Area 347:::>■ "Sp- 3*5 v vl! ; Drive-in, 7//' .' Theaterf«5' •' “ I ; -J5 ;lPLill | . ■■v.11 ]LO ' 4 Fire — •••:3*0:ioi.fFllIf5ovHERNDON. .'J,• .-r336-J■P*l 338r vi:: :if'":=1% 1(T-? sce Tjrailer [f| Well (p 11 y . 332>H - !:Far Well:H 336 —<>1 • *oHi M-•)A Trailer > Park con9UJ n iIk1?a.-mrnmSBLk34k ■ AVE■333*W7 .-*336 v rBM/ UJ rsVas®1 U)I ;^T7l u 4 o HI./ 1 >- 4 . - AVE wen. hr336 11 A=AVI iuijAVEESC* LONa . <5AVE SuTsjpt■ Tena„, -T"Jr Hijih Sch Ui "-[l ‘ion$ JL • ,1* •1True North AVEf IVju ^ *32 ^6jii** I RO !|V IAntho \ISchtyH330 -1 1s— f l AVEn^G J 1 Ad II1 M ! Robi■I 1-J USGS 1:24,000 Fresno North, Calif. 1965 (1981)lj-------------raf---------------- GibsonSch Hoover High Sck^3 2 333LAVEy ' Township 12 South/Range 20 East<0AVE N RAMONi^VEo* 4 2ISI - n -_n.___4g/<*' '^gl 4 Register of Historic Places are automatically listed on the CRHR, as are State Landmarks and Points of Interest. The CRHR also includes properties designated under local ordinances or identified through local historical resource surveys. For the purposes of CEQA, an historical resource is a resource listed in, or determined eligible for listing in the California Register of Historical Resources. When a project will impact a site, it needs to be determined whether the site is an historical resource. The criteria are set forth in Section 15064.5(a) (3) of the CEQA Guidelines, and are defined as any resource that does any of the following: A. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; B. Is associated with the lives of persons important in our past; C. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or D. Has yielded, or may be likely to yield, information important in prehistory or history. In addition, the CEQA Guidelines, Section 15064.5(a) (4) states: The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code section 5020.1(j) or 5024.1. California Health and Safety Code Sections 7050.5, 7051, and 7054 These sections collectively address the illegality of interference with human burial remains, as well as the disposition of Native American burials in archaeological sites. The law protects such remains from disturbance, vandalism, or inadvertent destruction, and establishes procedures to be implemented if Native American skeletal remains are discovered during construction of a project, including the treatment of remains prior to, during, and after evaluation, and reburial procedures. California Public Resources Code Section 15064.5(e) This law addresses the disposition of Native American burials in archaeological sites and protects such remains from disturbance, vandalism, or inadvertent destruction. The section establishes procedures to be implemented if Native American skeletal remains are discovered during construction of a project and establishes the Native American Heritage Commission as the entity responsible to resolve disputes regarding the disposition of such remains. 5 Assembly Bill 52 Assembly Bill (AB) 52 establishes a formal consultation process for California tribes as part of CEQA and equates significant impacts on tribal cultural resources with significant environmental impacts. AB 52 defines a “California Native American Tribe” as a Native American tribe located in California that is on the contact list maintained by the N ative American Heritage Commission. AB 52 requires formal consultation with California Native American Tribes prior to determining the level of environmental docu ment if a tribe has requested to be informed by the lead agency of proposed projects. AB 52 also requires that consultation address project alternatives, mitigation measures, for significant effects, if requested by the California Native American Tribe, and that consultation be considered concluded when either the parties agree to measures to mitigate or avoid a significant effect, or the agency concludes that mutual agreement cannot be reached. Under AB 52, such measures shall be recommended for inclusion in the environmental document and adopted mitigation monitoring program if determined to avoid or lessen a significant impact on a tribal cultural resource. CULTURAL SETTING Archeology The Central Valley region was among the first in the state to attract intensive fieldwork, and research has continued to the present day. This has resulted in a substantial accumulation of data, but the emphasis has been in the northern portion of the valley. In the early decades of the 1900s, E.J. Dawson explored numerous sites near Stockton and Lodi, later collaborating with W.E. Schenck (Schenck and Dawson 1929). By 1933, the focus of work was directed to the Cosumnes locality, where survey and excavation were conducted by the Sacramento Junior College (Lillard and Purves 1936). Excavation data, in particular from the stratified Windmiller site (CA-SAC- 107), suggested two temporally distinct cultural traditions. Later work at other mounds by Sacramento Junior College and the University of California, Berkeley, enabled the investigators to identify a third cultural tradition, intermediate between the previously postulated Early and Late Horizons. The three-horizon sequence, based on discrete changes in ornamental artifacts and mortuary practices, as well as on observed differences in soils within sites (Lillard, Heizer and Fenenga 1939), was later refined by Beardsley (1954). An expanded definition of artifacts diagnostic of each time period was developed, and its application extended to parts of the central California coast. Traits held in common allow the application of this system within certain limits of time and space to other areas of prehistoric central California. In the southern San Joaquin Valley, with the exception of Hewes’s excavation at CA-FRE-48 (the Tranquility Site), the foci of early investigations have been the old shorelines of the interior lakes; Tulare, Kern, and Buena Vista. In 1899, Dr. P. M. Jones directed fieldwork in the Buena Vista- Tulare Lake area of Kern County. Jones investigated 150 mounds and conducted trenching of several sites including CA-KER-53. In 1909, N. C. Nelson investigated prehistoric Site CA-KER- 49, which is located to the west of Buena Vista Lake. Later, four surveys and excavations were 6 conducted in the same locale under the auspices of the University of California. A compilation of these investigation results was published in 1926 by Gifford and Schenck. As a result of this early work, an elaborate culture complex was defined for the late prehistoric period. This complex can be ascribed probably to the Yokuts and their direct ancestors. The material culture of this late temporal period complex included steatite vessels and beads, finely - made projectile points, pottery, shaped stone mortars, Tivela disc beads, use of asphaltum, and the presence of metates and manos. Flexed burials were the predominant interment mode. Earlier complexes underlying the late cultural expressions were represented by chipped stone crescents, large projectile points, atlatl spurs, and weights. Mortuary practices, generally thought to be related, include extended rather than flexed burial position, a situation analogous to that of the northern valley (Gifford and Schenck 1926; Lillard, Heizer, and Fenenga 1939; Moratto 1972). Presence of “Early Man,” although not found in direct association with extinct animals, is demonstrated by the frequency of chipped stone crescents and fluted points similar to those of the Clovis-Folsom Complex in the American Southwest. Although fluted points have been found near the shores of Tulare Lake, an area that has also produced surface finds of extinct mammal bone of Pleistocene age, the association is not substantiated by controlled excavations and remains speculative (Riddell and Olsen 1969). Most of the point collection had been acquired by D. Witt over a period of 30 years. Under the direction of Wedel (1941), the Civil Works Administration, in conjunction with the Smithsonian Institution, initiated the first major excavations using stratigraphic controls. Investigations of CA-KER-39 and CA-KER-60 as well as several smaller sites near Buena Vista Lake produced evidence of two distinct cultural entities or occupation periods. Wedel lacked methods for dating these two entities by cross-comparison of the assemblages, he tentatively stated that the early occupation at Buena Vista Lake appeared to be temporally older and less developed than the Early Horizon (Windmiller Pattern) of the Delta region. He compared this early component to the Oak Grove or Milling Stone culture of the Santa Barbara area (Rogers 1939). He divided the later cultural entity into two distinct phases, both clearly distinguished from the earlier cultural phase by artifact types. Wedel (1941:144-145) estimated that neither of these cultural periods exceeded 1500 B.P. (years Before the Present). Later, other investigators proposed far earlier ages for these early occupations, with dates ranging from 2000 to 7000 B.P. (Baumhoff and Olmstead 1963, 1964; Heizer 1964; Meighan 1959). Later investigations in 1963 and 1964 at CA-KER-116 near Buena Vista Lake produced materials similar to Wedel’s early occupation. These materials occurred in the lower levels of the “upper deposit,” while an even deeper cultural deposit yielded materials similar to those of the San Dieguito Complex. Artifacts included a chipped stone crescent, crude point fragments, and an atlatl spur. Radiocarbon age determinations on shell from the lowest cultural levels returned a date of circa 8200 B.P. (Fredrickson and Grossman 1966, 1977; Fredrickson 1967). Despite the previously mentioned investigations, the prehistory of the southern San Joaquin remains as yet poorly understood, without a tightly defined chronological sequence of cultural development. 7 Ethnology Ethnographic literature is often uncertain in definition of cultural boundaries for Indian groups. Early displacement by white intrusion resulted in population shifts to avoid conflict with the Spanish, and later with the miners and settlers. The ravages of disease and warfare decimated the native people, further weakening cultural identity. Informants were often uncertain of original territories of the various tribal groupings. The Foothill Yokuts were members of the Penutian language family which held all of the Cent ral Valley, San Francisco Bay Area, and the Pacific Coast from Marin County to near Point Sur. The Yokuts differed from other ethnographic groups in California as they had true tribal divisions with group names (Kroeber 1925). Each tribe spoke a particular dialect, common to its members, but similar enough to other Yokuts that they were mutually intelligible (Kroeber 1925). The Foothill Yokuts were a group of about 15 named tribes who occupied the western Sierra Nevada foothills from the Fresno River to the Kern River. A further subdivision separated the groups into northern, central and southern groups. The area controlled by individual groups varied over time. There is no information to indicate that there was a village in the project vicinit y, but this does not preclude the possibility. Trade was well developed, with mutually beneficial interchange of needed or desired goods. Obsidian, rare in the San Joaquin Valley, was obtained by trade with Paiute and Shoshoni groups on the eastern side of the Sierra Nevada, where numerous sources of this material are located, and to some extent from the Napa Valley to the north. Shell beads, obtained by the Yokuts from coastal people, and acorns, rare in the Great Basin, were among many items exported to the east by Yokuts traders (Davis 1961). Economic subsistence was based on the acorn, with substantial dependency on gathering and processing of wild seeds and other vegetable foods. The rivers, streams, and sloughs which formed a maze within the valley provided abundant food resources such as fish, shellfish, and turtles. Game, wild fowl, and small mammals were trapped and hunted to provide protein augmentation of the diet. In general, the eastern portion of the San Joaquin Valley provided a lush environment of varied food resources, with the estimated large population centers reflecting this abundance (Cook 1955; Baumhoff 1963). Settlements were oriented along the water ways, with their village sites normally placed adjacent to these features for their nearby water and food resources. House structures varied in size and shape (Latta 1949; Kroeber 1925). The housepit depressions ranged in diameter from between 3 to 18 meters. Latta (1949:99) reported that a village of 200 to 300 Yokuts might have four or five large houses that were used for ten or twelve years or until a family member died, at which time the Indians burned the house in which the death had occurred. If a sick or aged person died outside the dwelling, the family did not burn the house. When a Northern Yokuts died, his body was cremated or buried in a flexed position. Southern tribes normally buried their dead, although they did 8 cremate shamans, persons who died away from their village and, among the Tachi, persons of great importance. The Yokuts experienced severe depopulation after contact with the Spanish and subsequent explores. The most devastating impacts of the Spanish colonization effort were not the result of military conflicts, but came from Old World diseases newly introduced to the native people. Historical Context Early Explorations The early recorded inhabitants of the region were members of the Yokuts tribe. Although the Spanish missions were established closer to the Pacific coast between 1769 and 1817, the general project area was first visited in the early 1800s by Spanish explorers, who visited the San Joaquin Valley with three goals: to search for runaway neophytes from the missions in the coastal regions, to punish the Indian raiders, and to select sites for new missions. In 1806, a group led by Gabriel Moraga and Father Pedro Muñoz, left Mission San Juan Bautista heading north to about the Mokelumne River. They then turned south, and travelled along the edge of the mountains crossing the San Joaquin River and passing through Tejon Pass, arriving at Mission San Fernando. In 1815, José Dolores Pico marched an expedition group from Monterey into the region. Following the San Joaquin River, he passed through the area in search of runaways, traveling as far south as the Kern River. The expedition returned to the starting point in Monterey with nine prisoners and a number of horses. After control of California passed from Spain to Mexico in 1822, Mexican explorations into the interior continued, with José Dolores Pico conducting a major expedition along the San Joaquin River in 1825-1826. This expedition was considered successful in that some neophytes were captured, hostile Indians killed, some of the tribal groups intimidated, and some stolen horses recovered. In 1828, Sebastián Rodríguez led a similar expedition into the same region. His expedition captured a number of neophytes as well as some of the stolen horses, an item that had become an important dietary staple for the Indian tribes in the S an Joaquin Valley region (Beck and Haase 1974). The expeditions did not leave physical evidence, but there were definitely effects to the Native American populations. Causing even more of an effect on the native population were the diseases brought in to the Native populations of the Central Valley in the early 1830s. Ranchos In Fresno County, there was only one early land grant, a rancho along the current southern border of the county: Laguna de Tache. The era of the Spanish and Mexican land grants did not directly affect the project area. 9 Project Area History The early use of land in the region was for cultivation of wheat. Improvements such as the development of the railroad, allowed marketing of more perishable crops, and irrigation canals, providing a steady source of water year-round, also encouraged the growth of crops such as grapes. The fate of Japanese Issei and their children was sealed by the advent of World War II. With unjustified fears about the loyalty of the immigrant Japanese and their American-born children, after Pearl Harbor in December 1941, President Roosevelt ordered the internment of the families through Executive Order 9066. Beginning in March of 1942, Japanese families including American citizens, were taken to Pinedale Assembly Center about a half mile to the west of the project area. Families were then sent on to various camps and interned for the remainder of the war, including the Colorado River camp of Poston. The camp has been established at the former site of a lumber mill, utilizing former millworker housing. RESEARCH A record search was conducted for the project area through the Southern San Joaquin Valley Archaeological Information Center of the California Historical Resources Information System on February 15, 2022 (RS#22-054, Appendix 2). A small part of the eastern end of the project area had been surveyed by Denise O’Connor in 1980 (Report #FR-00577), with negative findings. One other survey has been conducted in the project vicinity (FR-00384). No sites have been previously recorded in or near the project area. FIELD ASSESSMENT Michael Lawson conducted a field survey of the project area on February 22, 2022, using complete inspection (Figure 3). The survey area is surrounded by surface streets in a residential and commercial area. Most of the parcel is empty, but two residences are located on the west side. The land is flat, possibly graded at some time. Elevation is close to that of adjoining sidewalks. The lot appears to have been used for parking at one time. Introduced grass and ground cover grow in patches throughout the survey area but are more densely near the west side. Ornamental trees and bushes grow near the residences. The property was surveyed on foot using parallel transects no more than two meters apart. Closer inspection occurred in areas where ground disturbance had occurred, such as walking trails or animal activity. Figure 3 w "’i----------' -y c. p a.-k.k i < - s<.0*L m£.WELL*__i.-VHT PINEDALE PROJECT(A -ft Fort Washington Lincoln Sch TEAGUE — , i(I ffV / I \AI Survey Coverage f 3/. -----------------u w ’ 27I 356u\ x—\I\IVvS /f)J S I/ >\ \ ••• '\oJ?J L#uj-Well SLAVONIAN \Z'avel *Pit I J55S QI .(7 36/.t€1 a L 360*e o *=riL350vxr-I /BM//'351 NEESm it—_i*tr-------35S Uj?-i $ If—<xim] W-£UJE^SSrJo % i'> )r&m'7)J <0 Trailer Parks S .Q:i UJk ■ »o°°°2li.m UJ%■ 0<2 345 0-"33 ALLUVIAL • •352>■349 TT■<CANALI,-./k£ osrS L.flv * l LM ■350■'svtir®*Project Area Ij 347 - 3^5 ' B/. ; Drive-in, Theater *rgjjgrai •■ - “i Wj r0£■\1340 1ii"i ■ill :2^fVi? FljrelJ j, , Fll If5.ill U ■___ T~^ ' HE^RNDON..■ ^----a____f___• .-r _336•111 -±L Complete, Intensive Survey Coverage: ■ *>..* ijrailir PJrk _-Well (.ii Ml t J3S332 I Wellrf:336 : "! : :.o11 Jl-•)Trailer con9UJ&I?-u. £2334K AVE*333 ^^•4nr ■ ■ VTBM336 - ' UJUJ * VT U)I ;y.u—4 o □.i|/ I >. - AVE Well ; \ AVE luij:r AVEESCA LON o . Qj SuTsjpl■;iTena_, -T"Jr Hi^h Sch ujk-[i l ion■U 4*1 •True North AVEbullA/id "I ; •[t III^6jii** I I*RD U=j .v la 1Antho CO\Ic:;s»j jNULj ^Schty ;■330 1.j31□aM/lfG j -A 1 II1 M ! Robi■1 USGS 1:24,000 Fresno North. Calif. 1965 (1981)N 1-J Gibson Sch Hoover High Sck^3 2 T "TT—ui-»',....«u ;i--ttH •' itjn 333>4VE>4 _..' Township 12 South/Range 20 East ■ - - - -~l Tl ~ <oAVE □^AA//?AMO/s/|J^VEOL_£2“g/<*' '^gl_’O'-Jlflk__iL-4 11 Visibility was generally very good. Most of the lot is clear of vegetation and only lightly covered in imported gravel. Small fragments of modern refuse are scattered though out the lot. Soils are light brown sandy loam with heavy gravel content. The gravel was likely imported and mixed with the native soil. Stone material identified as local includes quartzite, granitic, and meta volcanic varieties. Cobbles and large pebbles are present. There is no surface evidence of prehistoric period cultural resources within the project area. Two buildings are present that are more than 50 years in age. Each is recorded and evaluated for significance under the criteria of the California Register of Historical Resources. RESOURCE DESCRIPTIONS 49 West Fir Street, Fresno The property consists of a single-family home and detached garage located on a small, narrow lot. The single-family residence is single story, rectangular shaped with a front gable roof. Small, covered porches are located along the north, east, and south facing façades. The roof is covered with asphalt shingles and the sides are coated with stucco. Windows are modern aluminum and look to be replacements. The detached garage is single story, rectangular shape with a front gable roof covered with asphalt shingles. The sides are coated with stucco. A garage door is located along the north facing façade. Three double sash windows are located along the east and south facing facades. The home was constructed in 1945 according to county building records. Stylistically it fits within the Minimal Traditional Style, popular between 1935-1950 (McAlester 2017:586-595). The front- gabled roof subtype is less common than other subtypes of Minimal Traditional Style homes, but otherwise this residence displays the typical stylistic elements of the style. 66 West Beechwood Avenue, Fresno The property has a single-family home with detached garage located on a small narrow lot. The residence is singe story, irregular shape with a hipped roof. The roof is covered with asphalt shingles and the sides are covered with stucco, except for the south facing façade that has partial decorative brick siding. Windows are modern aluminum and look to be replacements. The detached garage is single story with a hipped roof covered with asphalt shingles. The sides are covered with stucco. 12 The home was constructed in 1961 according to county building records. Stylistically it fits within the Minimal Traditional Style, popular between 1935-1950 (McAlester 2017:586-595). The hipped roof subtype is less common than other subtypes of Minimal Traditional Style homes, but otherwise this residence displays the typical stylistic elements of the style. RESOURCE EVALUATIONS 49 West Fir Street, Fresno Under CRHR criterion A, the site must “be associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.” The residence and detached garage do not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be associated with persons important in the past. There is no evidence to suggest that this property was ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” Minimal Traditional Style homes represented the one of the most economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s (McAlester 2017:587). The residence at 49 West Fir Avenue is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D, there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be present. We conclude that this residence and detached garage does not meet the threshold under criteria A - D of the CRHR and is not a historical resource. 66 West Beechwood Avenue, Fresno Under CRHR criterion A, the site must “be associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.” The residence and detached garage do not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be associated with persons important in the past. There is no evidence to suggest that this property was ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” Minimal Traditional Style homes represented the one of the most 13 economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s (McAlester 2017:587). The residence located at 66 West Beechwood Avenue is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D, there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be present. We conclude that this residence and detached garage does not meet the threshold under criteria A - D of the CRHR and is not a historical resource. RECOMMENDATIONS The residences are not significant resources, and will be recorded in the permanent record with submittal to the Information Center. Although no prehistoric sites were found during the survey, there is a slight possibility that a site may exist and be totally obscured by vegetation, fill, or other historic activities, leaving no surface evidence. Should artifacts or unusual amounts of stone, bone, or shell be uncovered during construction activities, an archeologist should be consulted for on-the-spot evaluation of the finding. Discovery of Human Remains In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area suspected to overlie adjacent remains until the Fresno County Coroner has determined that the remains are not subject to any provisions of law concerning investigation of the circumstances, manner and cause of death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. If the Fresno County Coroner determines that the remains are not subject to his or her authority and if the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC). After notification, the NAHC will follow the procedures outlined in Public Resources Code Section 5097.98, that include notification of most likely descendants (MLDs), and recommendations for treatment of the remains. The MLDs will have 24 hours after notification by the NAHC to make their recommendations (PRC Section 5097.98). 14 REFERENCES Baumhoff, Martin A. 1963 Ecological Determinants of Aboriginal California Populations. University of California Publications in American Archaeology and Ethnology 49(2): 155-236. Berkeley. Baumhoff, Martin A., and David Olmsted 1963 Radiocarbon support for Glottochronology. American Anthropologist 65(2): 278- 284. 1964 Notes on Palaihnihan culture history: glottochronology and archaeology. Studies in California linguistics, edited by William Bright, pp. 1-12. University of California Publications in Linguistics 34. Berkeley. Beardsley, Richard K. 1954 Temporal and Areal Relationships in Central California Archeology (parts 1 and 2). University of California Archaeological Survey Reports 24, 25. Berkeley. Beck, Warren A. and Ynez D. Haase 1974 Historical Atlas of California. University of Oklahoma Press, Norman. Clough, Charles W. and William B. Secrest, Jr. 1984 Fresno County—The Pioneer Years: From the Beginning to 1900. Panorama West Books, Fresno. Cook, Sherburne F. 1960 Colonial expeditions to the interior of California: Central Valley 1800-1820. University of California Anthropological Records 16(6): 239-292. Berkeley. 1955a The Aboriginal Populations of the San Joaquin Valley, California. University of California Press Anthropological Records 16(2). Berkeley. 1955b The epidemic of 1830-33 in California and Oregon. University of California Publications in American Archaeology and Ethnology 43(3): 303-326. Berkeley. Davis, James T. 1961 Trade Routes and Economic Exchange among the Indians of California. University of California Archaeological Survey Reports 54:1-71. Berkeley. Elliott, Wallace W. 1882 History of Fresno County, California with Illustrations. Wallace W. Elliott & Company, Publishers, San Francisco. 15 Fickewirth, Alvin A. 1992 California Railroads. Golden West Books. San Marino, CA. Fredrickson, David A. 1967 Additional C-14 dates for water resources investigations at Buena Vista Lake. Society for California Archaeology Newsletter 1(5). Frickstad, Walter 1955 A Century of California Post Offices. Pacific Rotapress Printing Company, Oakland. Fredrickson, David A., and J. Grossman 1966 Radiocarbon Dating of an Early Site at Buena Vista Lake, California. Paper read before the annual meeting of the Society for American Archaeology, Reno. 1977 A San Dieguito Component at Buena Vista Lake, California. The Journal of California Anthropology 4(2): 173-190. Gates, Paul W. 1991 Land and Law in California: Essays on Land Policies. Iowa State University Press, Ames. Gifford, E. W., and W. E. Schenck 1926 Archaeology of the Southern San Joaquin Valley, California. University of California Publications in American Archaeology and Ethnology, Vol. 23, No. 1. Gudde, Erwin 1969 California Place Names. University of California Press, Berkeley. Harvey Sr., William 1907 Atlas of Fresno County, CA. William Harvey, Fresno. Hayes, Derek 2007 Historical Atlas of California. University of California Press, Berkeley. Hofsommer, Don L. 1986 The Southern Pacific, 1901-1985. Texas A &M University Press, College Station. Hoover, Mildred, Hero E. Rensch, Ethel G. Rensch (William N. Abeloe, editor) 1970 Historic Spots in California (Third Edition). Stanford University Press, Stanford. Kroeber, Alfred L. 1925 Handbook of the Indians of California. Bureau of American Ethnology Bulletin 78. Washington, D.C. 16 Latta, Franklin F. 1949 Handbook of the Yokuts Indians. Bear State Books, Oildale, California. Lewis Publishing Company 1892 A Memorial and Biographical History of the Counties of Fresno, Tulare and Kern. California. Chicago: The Lewis Publishing Company. Lillard, Jeremiah B., Robert F. Heizer and Franklin Fenenga 1939 An Introduction to the Archaeology of Central California. Sacramento Junior College, Department of Anthropology Bulletin 2. Sacramento. Lillard, Jeremiah B. and William K. Purves 1936 The Archeology of the Deer Creek-Cosumnes Area, Sacramento County, California. Sacramento Junior College, Department of Anthropology Bulletin 1. McAlester, Virginia Savage 2017 A Field Guide to American Houses. Alfred A. Knopf, New York. Meighan, Clement W. 1959 California Cultures and the Concept of an Archaic Stage. American Antiquity 24(3): 289-318. Moratto, Michael J. 1984 California Archaeology. Academic Press, Inc., New York. Progressive Map Service 1923 Progressive Atlas of Fresno County. Progressive Map Service, Fresno. Riddell, Francis A. and William H. Olsen 1969 An Early Man Site in the San Joaquin Valley, California. American Antiquity 34(2): 121-131. Washington, D.C. Rogers, Malcolm J. 1939 Early Lithic Industries of the Lower Basin of the Colorado River and Adjacent Desert Areas. San Diego Museum Papers 3. San Diego. Schenck, W. Egbert and Elmer Dawson 1929 Archaeology of the Northern San Joaquin Valley. University of California Publications in American Archaeology and Ethnology 25(4): 289-413. Berkeley. Smith, Wallace 1960 Garden of the Sun. Eighth edition. Privately printed. 17 Thompson, Thomas H. 1891 Official Historical Atlas Map of Fresno County. Thomas H. Thompson, Tulare, California. Vandor, Paul E. 1919 History of Fresno County, California. Historic Record Company, Los Angeles. Varner, Dudley 2005 A Cultural Resources Study of the Riverfront Ventures Property in the City of Fresno, Fresno County, California. On file, South San Joaquin Valley Information Center (#FR-2112). Wedel, Waldo R. 1941 Archaeological Investigations at Buena Vista Lake, Kern County, California. Bureau of American Ethnology Bulletin 130. Washington, D.C. Winchell, Lilbourne Alsip 1933 History of Fresno County and the San Joaquin Valley. Fresno: A. H. Cawston. Publisher. 18 APPENDIX 1 Resumes 19 PEAK & ASSOCIATES, INC. RESUME MELINDA A. PEAK January 2022 Senior Historian/Archeologist 3941 Park Drive, Suite 20 #329 El Dorado Hills, CA 95762 (916) 939-2405 PROFESSIONAL EXPERIENCE Ms. Peak has served as the principal investigator on a wide range of prehistoric and historic excavations throughout California. She has directed laboratory analyses of archeological materials, including the historic period. She has also conducted a wide variety of cultural resource assessments in California, including documentary research, field survey, Native American consultation and report preparation. In addition, Ms. Peak has developed a second field of expertise in applied history, specializing in site- specific research for historic period resources. She is a registered professional historian and has completed a number of historical research projects for a wide variety of site types. Through her education and experience, Ms. Peak meets the Secretary of Interior Standards for historian, architectural historian, prehistoric archeologist and historic archeologist. EDUCATION M.A. - History - California State University, Sacramento, 1989 Thesis: The Bellevue Mine: A Historical Resources Management Site Study in Plumas and Sierra Counties, California B.A. - Anthropology - University of California, Berkeley PROJECTS In recent months, Ms. Peak has completed several determinations of eligibility and effect documents in coordination with the Corps of Engineers for projects requiring federal permits, assessing the eligibility of a number of sites for the National Register of Historic Places. She has also completed historical research projects on a wide variety of topics for a number of projects including the development of navigation and landings on the Napa River, wineries, farmhouses dating to the 1860s, bridges, an early roadhouse, Folsom Dam and a section of an electric railway line. In recent years, Ms. Peak has prepared a number of cultural resource overviews and predictive models for blocks of land proposed for future development for general and specific plans. She has been able to direct a number of surveys of these areas, allowing the model to be tested. 20 She served as principal investigator for the multi-phase Twelve Bridges Golf Club project in Placer County. She served as liaison with the various agencies, helped prepare the historic properties treatment plan, managed the various phases of test and data recovery excavations, and completed the final report on the analysis of the test phase excavations of a number of prehistoric sites. She is currently involved as the principal investigator for the Teichert Quarry project adjacent to Twelve Bridges in the City of Rocklin, coordinating contacts with Native Americans, the Corps of Engineers and the Office of Historic Preservation. Ms. Peak has served as project manager for a number of major survey and excavation projects in recent years, including the many surveys and site definition excavations for the 172-mile-long Pacific Pipeline proposed for construction in Santa Barbara, Ventura and Los Angeles counties. She also completed an archival study in the City of Los Angeles for the project. She also served as principal investigator for a major coaxial cable removal project for AT&T. Additionally, she completed a number of small surveys, served as a construction monitor at several urban sites, and conducted emergency recovery excavations for sites found during monitoring. She has directed the excavations of several historic complexes in Sacramento, Placer and El Dorado Counties. Ms. Peak is the author of a chapter and two sections of a published history (1999) of Sacramento County, Sacramento: Gold Rush Legacy, Metropolitan Legacy. She served as the consultant for a children’s book on California, published by Capstone Press in 2003 in the Land of Liberty series. 21 PEAK & ASSOCIATES, INC. RESUME MICHAEL LAWSON January 2022 Archeological Specialist 3941 Park Drive, Suite 20-329 El Dorado Hills, CA 95672 (916) 939-2405 PROFESSIONAL EXPERIENCE Mr. Lawson has compiled an excellent record of supervision of excavation and survey projects for both the public and private sectors over the past twenty-three years. He has conducted a number of surveys throughout northern and central California, as well as serving as an archeological technician and crew chief for a number of excavation projects. EDUCATION B.A. - Anthropology - California State University, Sacramento Special Course: Comparative Osteology. University of Tennessee, Knoxville. Forensic Anthropology Center. January 2018. Intensive lab and outdoor study with human example from outdoor research facility, including typical and non-metric examples, compared with fifty non-human species most commonly confused with human remains. Outdoor research facility “The Body Farm” study included survey, photography, collection and identification of faunal and human bone fragments, with a Power Point presentation discussing finds. EXPERIENCE • Extensive monitoring of open space, streets and project development areas for prehistoric period and historic period resources. Areas monitored include Sutter Street in Folsom; Mud Creek Archeological District in Chico; Camp Roberts, San Luis Obispo County; Avila Beach, San Luis Obispo County; Edgewood Golf Course, South Lake Tahoe; Davis Water Project, Davis; Star Bend levee section, Sutter County; Feather River levees, Sutter County; Bodega Bay, Sonoma County; San Jose BART line extension, Santa Clara County; and numerous sites for PG&E in San Francisco. • Over twenty years of experience working in CRM, volunteer, and academic settings in California historic, proto-historic, and prehistoric archaeology. • Expertise in pedestrian survey, excavation, feature (including burial) exposure, laboratory techniques, research. Field positions include crew chief and lead technician. 22 APPENDIX 2 Record Search 2/15/2022 Robert Gerry Peak & Associates, Inc. 3941 Park Drive, Suite 30-329 El Dorado Hills, CA 95762 Re: 49 West Fir Properties Records Search File No.: 22-054 The Southern San Joaquin Valley Information Center received your record search request for the project area referenced above, located on the Fresno North USGS 7.5’ quad. The following reflects the results of the records search for the project area and the 0.25 mile radius: As indicated on the data request form, the locations of resources and reports are provided in the following format: ☒ custom GIS maps ☐ GIS data Resources within project area: None Resources within 0.25 mile radius: None Reports within project area: FR-00577 Reports within 0.25 mile radius: FR-00384 Note: Resource Database Printout (list): ☐ enclosed ☐ not requested ☒ nothing listed Resource Database Printout (details): ☐ enclosed ☒ not requested ☐ nothing listed Resource Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Report Database Printout (list): ☒ enclosed ☐ not requested ☐ nothing listed Report Database Printout (details): ☐ enclosed ☒ not requested ☐ nothing listed Report Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Resource Record Copies: ☐ enclosed ☐ not requested ☒ nothing listed ☐ not available Report Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available Note: Only the Title Page, Table of Contents, & Executive Summary of TU-00102 was included. OHP Built Environment Resources Directory: ☐ enclosed ☐ not requested ☒ nothing listed Archaeological Determinations of Eligibility: ☐ enclosed ☐ not requested ☒ nothing listed CA Inventory of Historic Resources (1976): ☐ enclosed ☒ not requested ☐ nothing listed Note: P-15-007760 is not listed in the BERD. The 2013 HPD page was included for this resource. w.,. •'> n'Southern San Joaquin Valley Information Center California State University, Bakersfield Mail Stop: 72 DOB 9001 Stockdale Highway Bakersfield, California 93311-1022 (661) 654-2289 E-mail: ssjvic@csub.edu Website: www.csub.edu/ssjvic California Historical Resources _I_n formation _S y stem Fresno Kern Kings Madera Tulare A O . • Caltrans Bridge Survey: Not available at SSJVIC; please see https://dot.ca.gov/programs/environmental-analysis/cultural-studies/california-historical-bridges-tunnels Ethnographic Information: Not available at SSJVIC Historical Literature: Not available at SSJVIC Historical Maps: Not available at SSJVIC; please see http://historicalmaps.arcgis.com/usgs/ Local Inventories: Not available at SSJVIC GLO and/or Rancho Plat Maps: Not available at SSJVIC; please see http://www.glorecords.blm.gov/search/default.aspx#searchTabIndex=0&searchByTypeIndex=1 and/or http://www.oac.cdlib.org/view?docId=hb8489p15p;developer=local;style=oac4;doc.view=items Shipwreck Inventory: Not available at SSJVIC; please see https://www.slc.ca.gov/shipwrecks/ Soil Survey Maps: Not available at SSJVIC; please see http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Please forward a copy of any resulting reports from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the report is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above. The provision of CHRIS Data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission. Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts. Should you require any additional information for the above referenced project, reference the record search number listed above when making inquiries. Invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office. Thank you for using the California Historical Resources Information System (CHRIS). Sincerely, Celeste M. Thomson Coordinator FR-00577 FR-00384 May depict confidential cultural resource locations. Do not distribute.Ü00.1 0.20.05 Miles 0 0.15 0.30.075 Kilometers SSJV Information Center R ecord Search 22-054 Requester: Robert Gerry, Peak & Associates, Inc. Project Name: 49 West Fir P roperties USGS 7.5' Quad(s): Fresno North County: Fresno Project Area Record Search radius ^7 —T ;❖ >>>>>>>!<* Siic ■p&1 *1 vv°/\/ o 1 V . «t>°° ,■J U) .W’W ♦Xv Xw►♦Xv>!♦>!< ..O 344 jf .4*0( oW_. 'If nr /■ ■sr f I£!IH-#___Pij;. j V=wMINAR&TS AVEz 5-i T sr„ SPWCE ,,-■BnMalefi------511---75l|iO :/y i . Jy JL u V O <Qs.7J ST 2=¥i a*•l?co□\^jar-.iaE.jUft rfc'i-4;34J • 901 I• ■*M /1 fF p&r • * t :-r 4. f* V^v,m Mlm n Wel\i,« ■2 :\/33 60c■ Vzr nyp 00 t■P 0 Trup✓ i *j/ & Pao 3 ii4K00. SIERRA 333 ^>5vJ!•• •BM >336 • • ■/rcUJ H 0 J .11 I ;ii□□ J I I I-----1----1----1----1----1----1----1----1 J I L 26 APPENDIX 3 DPR 523 Records for Buildings State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 8 *Resource Name or #: 49 West Fir Street, Fresno P1. Other Identifier: *P2. Location:  Not for Publication X Unrestricted *a. County: Fresno and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Fresno North, Calif. Date: 1965 (1981) T 12S; R 20E; SW ¼ of SE ¼ of Sec 33; M.D.B.M. c. Address: 49 West Fir Street City: Fresno Zip: 93650-1311 d. UTM: Zone: 10 ; mE/ mN (G.P.S.) e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Elevation: 342 Feet (estimate). The residence is located at 49 West Fir Street in the community of Pinedale. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The property consists of a single-family home and detached garage located on a small, narrow lot. The single -family residence is single story, rectangular shaped with a front gable roof. Small, covered porches are located along the north, east, and south facing facades. The roof is covered with asphalt shingles and the sides are coated with stucco. Windows are modern aluminum and lo ok to be replacements. The detached garage is single story, rectangular shape with a front gable roof covered with asphalt shingles. The sides are coated with stucco. A garage door is located along the north facing façade. Three double sash windows are located al ong the east and south facing facades. The home was constructed in 1945 according to county building records. Stylistically it fits within the Minimal Traditional Style, popular between 1935-1950 (McAlester 2017:586-595). The front-gabled roof subtype is less common than other subtypes of Minimal Traditional Style homes, but otherwise this residence displays the typical stylistic elements of the style. *P3b. Resource Attributes: (List attributes and codes) HP2 - Singe family property *P4. Resources Present: X Building Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (View, date, accession #) View looking south of the north facing façade of the residence. 2/28/22. Acc. # 2022IMG5820 *P6. Date Constructed/Age and Sources: X Historic Prehistoric Both The home was constructed in 1945 according to assessor’s records. *P7. Owner and Address: Unknown *P8. Recorded by: (Name, affiliation, and address) Michael Lawson, Peak & Associates, Inc., 3941 Park Drive, Suite 20-329, El Dorado Hills, CA 95762 *P9. Date Recorded: 2/28/22 *P10. Survey Type: (Describe) Complete, intensive. *P11. Report Citation: (Cite survey report and other sources, or enter "none.") Cultural Resource Assessment for the Valley Health Team Project Area, Pinedale, County of Fresno, California *Attachments: NONE X Location Map X Sketch Map X Continuation Sheet X Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (List): DPR 523A (1/95) *Required information ■V. •i ^ Jpt: T ■T?Y . *3 | !■%It1.'\ ■■ii.*■V T*1 J.T " TizriaiaL LfJlnFL liagjim■^rp.• g.E »' i'4?uUtFi 49A , _~ 6,k ■ - —-i 7 *.LlL.vrwj^j'»i*mamir. DPR 523B (1/95) *Required information State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 8 *NRHP Status Code *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno B1. Historic Name: B2. Common Name: B3. Original Use: Single family residence B4. Present Use: Single family residence *B5. Architectural Style: Minimal Traditional *B6. Construction History: (Construction date, alterations, and date of alterations) The residence was built in 1945 according to assessor’s records. *B7. Moved? X No Yes Unknown Date: Original Location: *B8. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme: Residential architecture Area: Central California Period of Significance: 1900-1972 Property Type: Single family residence Applicable Criteria: A - D (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) Under CRHR criterion A, the site must “be associated with events that have made a significant contribution to the bro ad patterns of California's history and cultural heritage.” The residence and detached garage do not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be as sociated with persons important in the past. There is no evidence to suggest that this property was ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, r egion, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” Minimal Traditional Style homes represented the one of the most economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s (McAlester 2017:587). The residence at 49 West Fir Street is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D. there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be presen t. We conclude that this residence and detached garage does not meet the threshold under criteria A - D of the CRHR and is not a historical resource. B11. Additional Resource Attributes: (List attributes and codes) *B12. References: McAlester, Virginia Savage, 2017 A Field Guide to American Houses. Alfred A. Knopf, New York. B13. Remarks: *B14. Evaluator: Melinda Peak *Date of Evaluation: February, 2022 (This space reserved for official comments.) 49 WEST FIR STREET, FRESNO Residence j. : iV^J V _ *1- 1m Garage r ” A v., • • 4 '- if-» ; - IScaleITrue North RlV* State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 3 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information A) View looking southwest of the east facing facade of the residence. 2/28/22. Acc. #2022IMG5821 B) View looking southeast of the partial north (left) and west facing facades of the residence. 2/28/22. Acc. #2022IMG5822 '! v m ■iimfcTrtAi!:V >Tyifc.--ai■. f-.f v*i I■iy.v>' * 'V f v ■L. !?»Cs^jIV(W ••T|■: rW"iG' >mjt vX■ ■ i' ■.■ J «■>'ii ;:i(i Jl■'•V /Iff !M;; ai x- ■ J'. ¥• 2?■iipis:lPii•V 1 j fi 1 /,Iff Site v t Ky i■-■ /'j;•' 'igtf ....;.»• rdr4ii |KS^ *5 i _)LJ a MU0#:- *uxn 1 '’f State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 4 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information C) View looking north, northwest of the west (left) and south facing facades of the residence. 2/28/22. Acc. #2022IMG5823 D) View looking north with the detached garage (left), south facade of the residence (center). 2/28/22. Acc. #2022IMG5828 / //V i k t- A' III J lit ! v tjM / , i f;Vi v_^ r-miri1 fSnjl r'* ‘-t_ ; -. v - i|RtS HBsVp-, i !--k ■-SI rKlJi Jri'[& s -h "L 2^ til jA-• mJSSt '33-»«V r :.•<!*.f“ *■£•' :V"; L- 1 ii^TjTffirrM !yr?T’-■ *’ Vv. ft:' ■'I. Si •..*2®r^w ^ ; ■ £*X;TrfxSi r1''-■ P-.■m. '."tf f stSE'Jp •••.'. •'■■flj;•--."J IV'ti ■Ar ■’.’r- ■ MMI y 4.* *>• ,-..-<'*> s&■ i-kii^rv,^,.■Vi ,-*/•. Hvar*. State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 5 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information E) View looking south of the north facing façade of the detached garage. 2/28/22. Acc. #2022IMG5824 F) View looking west of the east acing façade of the detached garage. 2/28/22. Acc. #2022IMG5825 1 «JSL, SB 1 T'i' < —1 £tt!M =ss ;-‘-JL1Ti li [t j IL ■. .--1 l-jmXXp*> j> v M • .■fck,-..a ' u’ y-^i- ■;i:'v jjgPK§i 'L.' ^- ■/>, _ v'JLi ,' f..' -...:• ' •-■4^. ,uHm • fr:. r‘ ' -■h‘- !;' •-.'£C?Jil*t, "* L:•. -i H t SHKs! • >, ■ .4,.'; . State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 6 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information G) View looking north of the south facing façade of the detached garage. 2/28/22. Acc. #2022IMG5827 > I %I fm f i i L*A i rL- - ■U '■1 I/)fv.*Y r >'■:i v+ dV ■-vvr:^,>J.','Vi * ■' 1 '(ft L 3■** *■ , •11'. „ l * |■ i ■,k-i ■j'lti, I■ .>! j*.j.v Elg ■ \?#*** ■Vr :L; Of*■1. "J ■I.p■l - l y? T .-i.M Efif.* Ia r? p’1 <1 1 ■j ■■i, p i • ^ f { 7pJv vji ■ .YiVi1 VJ mff■|SJV' i.H State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SKETCH MAP Trinomial Page 7 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Drawn By: Neal Neuenschwander *Date 2/28/22 DPR 523K (1/95) *Required information t i 49 WEST FIR STREET, FRESNO Jr Residence Iar r* 1 !* — m ■ ** 4 » 'Ai ' i v ' ' / i's I k rr >r#^j- « X *T 'If True North Fix State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SKETCH MAP Trinomial Page 7 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Drawn By: Neal Neuenschwander *Date 2/28/22 DPR 523K (1/95) *Required information t i 49 WEST FIR STREET, FRESNO Jr Residence Iar r* 1 !* — m ■ ** 4 » 'Ai ' i v ' ' / i's I k rr >r#^j- « X *T 'If True North Fix State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 6 *Resource Name or #: 66 Beechwood Avenue, Fresno P1. Other Identifier: *P2. Location:  Not for Publication X Unrestricted *a. County: Fresno and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Fresno North, Calif. Date: 1965 (1981) T 12S ; R 20E; SW ¼ of SW¼ of Sec 33; M.D.B.M. c. Address: 66 Beechwood Avenue City: Fresno Zip:93650-1311 d. UTM: Zone: 10 ; mE/ mN (G.P.S.) e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Elevation: 340 Feet (estimate). The residence is located at 66 West Beechwood Avenue in the community of Pinedale. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The property has a single-family home with detached garage located on a small narrow lot. The residence is singe story, irregular shape with a hipped roof. The roof is covered with asphalt shingle s and the sides are covered with stucco, except for the south facing façade that has partial decorative brick siding. Win dows are modern aluminum and look to be replacements. The detached garage is single story with a hipped roof covered with asphalt sh ingles. The sides are covered with stucco. The home was constructed in 1961 according to county building records. Stylis tically it fits within the Minimal Traditional Style, popular between 1935-1950 (McAlester 2017:586-595). The hipped roof subtype is less common than other subtypes of Minimal Traditional Style homes, but otherwise this residence displays the typical styl istic elements of the style. *P3b. Resource Attributes: (List attributes and codes) HP2 – Single family property *P4. Resources Present: X Building Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (View, date, accession #) View looking north of the south facing facades of the detached garage (left), residence (center). 2/28/22. Acc. #2022IMG2crop *P6. Date Constructed/Age and Sources: X Historic Prehistoric Both The residence was constructed in 1961 according to assessor’s records. *P7. Owner and Address: Unknown *P8. Recorded by: (Name, affiliation, and address) Michael Lawson, Peak & Associates, Inc., 3941 Park Drive, Suite 20-329, El Dorado Hills, CA 95762 *P9. Date Recorded: 2/28/22 *P10. Survey Type: (Describe) Complete, intensive. *P11. Report Citation: (Cite survey report and other sources, or enter "none.") Cultural Resource Assessment for the Valley Health Team Project Area, Pinedale, County of Fresno, California *Attachments: NONE X Location Map X Sketch Map X Continuation Sheet X Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (List): DPR 523A (1/95) *Required information T lan“Jr 4t rJ *\'*.H ■-' ?53WP DPR 523B (1/95) *Required information State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 6 *NRHP Status Code *Resource Name or # (Assigned by recorder) 66 West Beechwood Avenue, Fresno B1. Historic Name: B2. Common Name: B3. Original Use: Single family residence B4. Present Use: Single family residence *B5. Architectural Style: Minimal Traditional *B6. Construction History: (Construction date, alterations, and date of alterations) The residence was built in 1961 according to assessor’s records. *B7. Moved? X No Yes Unknown Date: Original Location: *B8. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme: Residential architecture Area: Central Califronia Period of Significance: 1900-1972 Property Type: Single family residence Applicable Criteria: A-D (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) Under CRHR criterion A, the site must “be associated with events that have made a significant contribution to the bro ad patterns of California's history and cultural heritage.” The residence and detached garage does not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be associated with persons important in the past. There is no evidence to suggest that this property was ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” Minimal Traditional Style homes represented the one of the most economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s (McAlester 2017:587). The residence located at 66 West Beechwood Avenue is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D. there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be presen t. We conclude that this residence and detached garage does not meet the threshold under criteria a - d of the CRHR and is not a historical resource. B11. Additional Resource Attributes: (List attributes and codes) *B12. References: McAlester, Virginia Savage, 2017 A Field Guide to American Houses. Alfred A. Knopf, New York. B13. Remarks: *B14. Evaluator: Melinda Peak *Date of Evaluation: February, 2022 (This space reserved for official comments.) ||6WEST BEECHWOOD AVENUE, FRESNO L j |■p; > v Residence- Garaget=%v *—’ n * '«14 *"<* J * OV- ScaleTrue North I State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 3 of 6 *Resource Name or # (Assigned by recorder) 66 West Beechwood Avenue, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information A) View looking northest of the west and south facades of the residence, garage to the left. 2/28/22. Acc. #2022IMG1crop B) View looking north of the south facing façades of the garage (left), residence. 2/28/22. Acc. 2022IMG2crop : ” •v am fcpPji l jT 4 k n ■till fiU T<rvY/ffffiIm9ns n-i&w* « > ♦ < .♦ . , V..K<»■* >55 *• ♦■**e :ift£7zz ♦fi ■'.g■:£>' TyBpyi «al •■' _■— ---—---- 5f-r a%afe. iB Iki:«^aHH im T-..1 t:*» '!;‘ V- ,mte?:\V-*iifir i w-rs-r-*!SS [X »fW State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 4 of 6 *Resource Name or # (Assigned by recorder) 66 West Beechwood Avenue, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information C) View looking north, northwest of the south and east facing facades of the residence. 2/28/22. Acc. #2022IMG4crop D) View looking northwest of the south and east facing façades of the residence. 2/28/22. Acc. 2022IMG5crop tMV- lD «* 1- "m 4V; ;IP»V1 « 'r ,, f ’ ": 7--V _ ' 1 Mf T T**0?.p ■if.II jSeN> .. i v- jjtijv -J:Lia*m. 1 7^ T* *- r3c»*-' -i* *G3SgsZ State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SKETCH MAP Trinomial Page 5 of 6 *Resource Name or # (Assigned by recorder) 66 Beechwood Avenue, Fresno *Drawn By: Neal Neuenschwander *Date 2/28/22 DPR 523K (1/95) *Required information L ___ 66 WEST BEECHWOOD AVENUE, FRESNO0----------------------------------------------------—---------------— <F w. > %*RESIDENCE-'Garage 0 *• * 4 9 L1 I # =: < 4 i % J J]f4 % | * I True North t State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# LOCATION MAP Trinomial Page 6 of 6 *Resource Name or #: 66 West Beechwood Avenue, Fresno *Map Name: Fresno North, Calif. 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QJjf Si^sjpiiona - ■" Tena>»High Sch MffD U.ailllLU " r*-1 s • i •m-BULLAkk \ ||^y |j|7 "■ml:.. I iJSA< I >J.1II■- S;s«Antho IamvicT■h \!330 ^iLJIJ!• $4 Njj4VE : i III■Itl V. RobinWn SchS-s<k ■iin« toGibson \Hex)Beta eh uk h.ki A....»l POBATE•3)5'Well'I2S .UL 3331JK£5 I' I*4 A r:"' \ y . ' -t ciz// ! I r V r ••I-AVT£3 ' / Oi a 2‘d, 4]i/y josjIJOSE•71 s-. WoltciI > > Appendix C Consistency Checklist Page 1 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 Fresno Greenhouse Gas (GHG) Reduction Plan Update – CEQA Project Consistency Checklist INTRODUCTION The City of Fresno updated its 2014 Greenhouse Gas (GHG) Reduction Plan (the Plan) in the year 2021 to conform with existing applicable State climate change policies and regulations. The GHG Plan Update outlines strategies that the City will undertake to achieve its proportional share of GHG emission reductions. The purpose of this GHG Reduction Plan Update Consistency Checklist (Checklist) is to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15183.5. This Checklist has been developed as part of the GHG Plan Update implementation and monitoring process and will support the achievement of individual GHG reduction strategies as well as the City’s overall GHG reduction goals. In addition, this Checklist will further the City’s sustainability goals and policies that encourage sustainable development and aim to conserve and reduce the consumption of resources, such as energy and water. Projects that meet the requirements of this Checklist will be deemed to be consistent with the Fresno GHG Reduction Plan Update and will be found to have a less than significant contribution to cumulative GHG (i.e., the project’s incremental contribution to cumulative GHG effects is not cumulatively considerable), pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). Projects that do not meet the requirements in this Checklist will be deemed to be inconsistent with the Fresno GHG Reduction Plan Update and must prepare a project- specific analysis of GHG emissions, including quantification of existing and projected GHG emissions and incorporation of the measures in this Checklist to the extent feasible. This GHG Checklist can be updated to reflect adoption of new GHG reduction strategies or to comply with any changes and updates in the Plan or local, State or federal regulations. Note that not all the measures in the checklist are applicable to all projects. The projects should comply with applicable measures from the checklist. City of Page 2 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 1.Project Information Contact Information Project No./Name: Address: Applicant Name/Co: Contact Information: Project Information 1. What is the Site acreage of the Project? 2. Identify all Applicable Proposed Land uses: a. Residential (Indicate number of single-family units) b. Residential (Indicate number of multi-family units) c. Commercial (total square footage) d. Industrial (total square footage) e. Other (describe) 3. Is the project or a portion of the project located in a transit priority area? (Y/N) 4.Provide a brief description of the project proposed: City of a«v4is? Page 3 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 2.Determining Land Use Consistency Checklist Item As the first step in determining the consistency with the GHG Reduction Plan for discretionary development projects, this section allows the City to determine the project’s consistency with the land use assumptions used in the GHG Reduction Plan. Yes No 1. Is the proposed project consistent with the approved General Plan, Specific Plan, and Community Plan planned land use and zoning designations? If the answer is Yes, then proceed to the GHG Plan Update Consistency Checklist. If the answer is No, then proceed to question 2. 2. If the proposed project is not consistent with the approved planned land use and zoning designation(s), then provide estimated GHG project emissions under both existing and proposed designation(s) for comparison. Compare the maximum buildout of the existing designation with the maximum buildout of the proposed designation. If the estimated project emissions at maximum buildout of the proposed designation(s) is equivalent to or less than the estimated project emissions at maximum buildout of the existing designation(s), then in accordance with the City’s Significance Determination Thresholds, the project’s GHG impact is less than significant. If there is a proposed development project associated with this plan amendment and or rezone then complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required. If the estimated project emission at maximum buildout of the proposed designation(s) is greater than the estimated project emissions at maximum buildout of the existing designation(s), then in accordance with the City’s Significance Determination Thresholds, the project’s GHG impact is significant. The project must either show consistency with applicable GP objectives and policies (provide applicable GP objectives and policies here) or provide analysis and measures to incorporate into the project to bring the GHG emissions to a level that is less than or equal to the estimated project emission at maximum buildout of the existing designation(s) unless the decision-maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. If there is a proposed development project associated with this plan amendment and or rezone then complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required. City of %|=i% Page 1 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 3.Greenhouse Gas (GHG) Reduction Plan Update - CEQA Project Consistency Checklist GHG Reduction Plan Update consistency review involves the evaluation of project consistency with the applicable strategies of the GHG Reduction Plan Update. The GHG reduction strategies identified in the GHG Reduction Plan Update relies upon the General Plan and additional local measures as the basis of the development related strategies to reduce GHG emissions. This checklist is developed based on the key local GHG reduction strategies and actions identified in the GHG Reduction Plan Update that are applicable to proposed development projects. Note that not all strategies listed below will apply to all projects. For example, not all projects will meet mixed-use related policies of the General Plan, because not all projects are required to be mixed use. Checklist Item (Check the appropriate box and provide an explanation for your answer) Relevant General Plan Policy Yes No Not Applicable (NA) Explanation 1: Land Use and Transportation Demand Strategies a.Does the project include mixed-use, development? For GHG Reduction Plan consistency, mixed-use development is defined as pedestrian-friendly development that blends two or more residential, commercial, cultural, or institutional, uses, one of which must be residential Policy UF-1-c, LU-3-b, Objective-UF 12, UF-12-a, UF-12-b, UF-12-d, Policy RC-2-a b.Is the project high density? For GHG Reduction Plan consistency, is the project developed at 12 units per acre or higher? LU-5-f c.Is the project infill development, pursuant to the General Plan definition of location within the City limits as of December 31, 2012? LU-2-a, Objective-12, UF-12-a, UF-12-b, UF-12-d d.Does the project implement pedestrian bicycle, and transit linkages with surrounding land uses and neighborhoods? For GHG Reduction Plan consistency, the project must include all sidewalks, paths, trails, and facilities required by the General Plan and Active Transportation Plan, as implemented through the Fresno Municipal Code and project conditions of approval. Policy UF-1-c, UF-12-e, Policy RC-2-a, Objective MT-4,5,6, Policy MT-4-c, Policy MT-6-a, Policy POSS- 7-h Objective MT 8, Policies MT-8-a, MT-8-b e.If the project includes mixed-use or high density development, is it located within ½ mile of a High Quality Transit Area as defined in the City’s CEQA Guidelines for Vehicle Miles Traveled? Or, is the project located within 500 feet of an existing or planned transit stop? Policy UF-12-a, UF-12-b, LU-3-b, Objective MT 8, Policies MT-8-a, MT-8-b f.Will the project accommodate a large employer (over 100 employees) and will it implement trip reduction programs such as increasing transit use, carpooling, vanpooling, bicycling, or other measures to reduce vehicle miles traveled pursuant to San Joaquin Valley Air Pollution Control District Rule 9410? See the SJVAPCD website for details: https://www.valleyair.org/rules/ currntrules/r9410.pdf Policy MT-8-b, Objective MT-9, Policy MT-10-c, San Joaquin Valley Air Pollution Control District Rule 9410 'Vi/ |vP Ajio Page 2 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 Checklist Item (Check the appropriate box and provide an explanation for your answer) Relevant General Plan Policy Yes No Not Applicable (NA) Explanation g.If the project includes modifications to the transportation network, do those improvements meet the requirements of the City of Fresno’s Complete Streets Policy, adopted in October 2019? According to the policy, a complete street is a transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users - including bicyclists, pedestrians, transit vehicles, trucks, and motorists - appropriate to the function and context of the facility while connecting to a larger transportation network. See City of Fresno website for details: https://www.fresno.gov/publicworks/wp- content/uploads/sites/17/2019/10/Complete-Streets-091119.pdf MT-1-g, MT-1-h h.Does the project have a less than significant VMT impact, either through satisfying screening criteria or mitigating VMT impacts, pursuant to the City’s adopted VMT thresholds? See City of Fresno website for details: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2021/01/CEQA-Guidelines-for-Vehicle-Miles-Traveled- Final-Adopted-Version.pdf MT-2-b, MT-2-c 2: Electric Vehicle Strategies a.For new multi-family dwelling units with parking, does the project provide EV charging spaces capable of supporting future EV supply equipment (EV capable) at 10% of the parking spaces per 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.106.4 Policy RC-8-j b.For new commercial buildings, does project provide EV charging spaces capable of supporting EV capable spaces at 4% to 10% of the parking spaces per 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 5.106.5.3 Policy RC-8-j 3: Energy Conservation Strategies a.Does the project meet or exceed mandatory state building energy codes? If yes, does the project follow any other GreenPoint ratings such as LEED, Energy Star or others? If yes, indicate level of certification-Silver, gold, platinum if applicable? Policy RC-5-c, Objective RC-8, Policy RC 8-a b.For commercial projects, does the project achieve net zero emissions electricity? Mark NA if project will be permitted before 2030. Mark Yes if voluntary. Add source and capacity in explanation. Additional Recommended GHG Plan Measure, supports Objective RC-8 'Vi/ |vP Ajio Page 3 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 Checklist Item (Check the appropriate box and provide an explanation for your answer) Relevant General Plan Policy Yes No Not Applicable (NA) Explanation 4: Water Conservation Strategies a.Does the project meet or exceed the mandatory outdoor water use measures of the 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.304? If the project exceeds CalGreen Code mandatory measures provide methods in excess of requirements in the explanation. Examples include outdoor water conservation measures such as; drought tolerant landscaping plants, compliant irrigation systems, xeriscape, replacing turf etc. Provide the conservation measure that the project will include in the explanation. Objective RC-7, Policy RC-7-a, RC-7-h b.Does the project meet or exceed the mandatory indoor water use measures of the 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.303? If the project exceeds CalGreen Code, mandatory measures provide methods in excess of requirements in the explanation. Examples may include water conserving devices and systems such as water leak detection system, hot water pipe insulation, pressure reducing valves, energy efficient appliances such as Energy Star Certified dishwashers, washing machines, dual flush toilets, point of use and/or tankless water heaters. Objective RC-7, Policy RC-7-a, RC-7-e 5: Waste Diversion and Recycling Strategies a.Does the project implement techniques of solid waste segregation, disposal and reduction, such as recycling, composting, waste to energy technology, and/or waste separation, to reduce the volume of solid wastes that must be sent to landfill facilities? Policy PU-9-a, RC-11-a b.During construction will the project recycle construction and demolition waste? Policy RC-11-a c.Does the project provide recycling canisters in public areas where trashcans are also provided? Policy RC-11-a Note: The GHG reduction strategies included in this checklist are based on the GHG reduction strategies identified in the Chapter 5 of the GHG Reduction Plan Update. 'Vi/ |vP Ajio Appendix D Trip Generation Analysis www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 1 (559) 570-8991 April 08, 2022 Mrs. Jill Gormley, P.E. City of Fresno 2600 Fresno Street Fresno, CA 93721-3616 Via Email Only: Jill.Gormley@fresno.gov Subject: Trip Generation Analysis for the Medical Clinic located in the City of Fresno (JLB Project No. 004-143) Dear Mrs. Gormley, JLB Traffic Engineering, Inc. (JLB) has completed a Trip Generation Analysis (TGA) for the Medical Clinic (Project) located on the northwest quadrant of Blackstone Avenue and Herndon Avenue in the City of Fresno. The Project proposes to develop approximately 1.23 acres with an 11,664-square-foot single- story professional medical clinic. Per information provided to JLB, the proposed Project will undergo a General Plan Amendment to modify the land use from Medium Density Residential (5.0 to 12.0 dwelling units per acre) to Commercial General. The purpose of the TGA is to evaluate the potential difference in traffic generation of the proposed Project and that which could otherwise be developed per the Fresno General Plan. The TGA will focus primarily on comparing the anticipated driveway trip generation during a weekday, AM peak hour and PM peak hour of the Project and no Project alternatives. Project Description The Project proposes to develop approximately 1.23 acres with an 11,664-square-foot single-story professional medical clinic. Per information provided to JLB, the proposed Project will undergo a General Plan Amendment to modify the land use from Medium Density Residential (5.0 to 12.0 dwelling units per acre) to Commercial General. Figure 1 presents the latest Project Site Plan. Project Access Access to and from Project will generally be from Blackstone Avenue north of Herndon Avenue. More specifically, the Project will have two (2) full access points along Sugar Pine Avenue and Beechwood Avenue. A full access to the west side of Sugar Pine Avenue is located approximately 150 feet north of Beechwood Avenue and another to the north side of Beechwood Avenue is located approximately 200 feet west of Sugar Pine Avenue. Jl R TRAFFIC If h BlP ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 2 (559) 570-8991 Medical Clinic - City of Fresno Trip Generation Analysis April 08, 2022 Figure 1: Project Site Plan J \ -A 77777777777777777/ i J# V*...........& ■1’/////////////////////// W. FIR ©© Q 0 ©o a T-0 01 > "i J -3s ■3© lr a ^ <oI Ain* *'t t - V ■i " n h .iiiri:tw! j e^g i I**S* x-0-0I V :■■■i A *3 rA -EJj? ! ■■ATWOTT«WOrv h*:.j :U", \ n ■cnw-a in i L %0.£G>1**1*III •:liI Jr it+ui JS :v © % i nilk-O .-•. r,:■1- i:0 fto1 A ii.}'./a A 6 ■© .t 'T>.fCfIG G * v-G - -jiry0 -. '0 .I I I --L-'kt i “j ■- ©O *"0 OG O ©a ©1 I >®III " + Q \ V.Ill i __Uop «v J fti A Ljt®iACLKXMIHUTOIYNIC, I xy I-FT hij ® '©i--jL-£;i 1 I /« i -.i1110i Q*fiinQj~ -vQ .11 © .'If ® > *0 v ra \f'O 0 -^-ov:.□111 I il 0 i M -nrI "9 /©© -V iIf—G ■ ®jjfi ,i, _—vj- ,-<$p) ' ■■■■'II :.i jjGOi ii■G 'IIIHII/I&//////////tIf?. I,t.©'/////////////A - i H ©mi £■Q 10+ ♦©L - 0 TVin I J IZ3Z-r ©r i'#i i oiW. BEECHWOOD AVE.00 © 6i hi ©i i i X4 I— T Jl R TRAFFIC WhH# ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 3 (559) 570-8991 Medical Clinic - City of Fresno Trip Generation Analysis April 08, 2022 Project Trip Generation Trip generation rates for the proposed Project were obtained from the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Table I presents the trip generation for the proposed Project with trip generation rates for 11,664 square feet of Medical-Dental Office Building space. At buildout, the proposed Project is estimated to generate a maximum of 406 daily trips, 32 AM peak hour trips and 40 PM peak hour trips. Table I: Project Trip Generation Land Use (ITE Code) Size Unit Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total Trip Rate In Out In Out Total % % Medical-Dental Office Building (720) 11.664 k.s.f. 34.80 406 2.78 78 22 25 7 32 3.46 28 72 11 29 40 Total Project Trips 406 25 7 32 11 29 40 Note: k.s.f. = Thousand Square Feet General Plan Trip Generation The General Plan proposes that the Project site be developed with Single-Family Detached Housing units under the Medium Density Residential land use (5.0 to 12.0 dwelling units per acre). For purposes of this comparison, it is assumed that the Project site is developed according to the median density range allowable for Medium Density Residential of 8.5 ((5 + 12) ÷ 2 = 8.5) dwelling units per acre. Table II presents the trip generation of that which could otherwise be developed consistent with the General Plan with trip generation rates for 11 Single-Family Detached Housing units. Consistent with the General Plan, the Project site is anticipated to generate a maximum of 104 daily trips, 8 AM peak hour trips and 11 PM peak hour trips. Table II: General Plan Trip Generation Land Use (ITE Code) Size Unit Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total Trip Rate In Out In Out Total % % Single-Family Detached Housing (210) 11 d.u. 9.44 104 0.74 25 75 2 6 8 0.99 63 37 7 4 11 Total Project Trips 104 2 6 8 7 4 11 Note: d.u. = Dwelling Units Jl R TRAFFIC If h BlP ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 4 (559) 570-8991 Medical Clinic - City of Fresno Trip Generation Analysis April 08, 2022 Trip Generation Comparison Compared to that which could be developed consistent with the General Plan, the proposed Project is estimated to generate more traffic by 302 daily trips, 24 AM peak hour trips and 29 PM peak hour trips. The trip generation comparison between the proposed Project and the General Plan is available in Table III. Table III: Difference in Trip Generation Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Total In Out Total In Out Total Project 406 25 7 32 11 29 40 General Plan 104 2 6 8 7 4 11 Difference in Trip Generation 302 23 1 24 4 25 29 Transportation Impact Study Needs Per the Fresno Traffic Impact Study Report Guidelines, a Transportation Impact Study (TIS) Report for a Project may be required when the following thresholds are met: 1. When project-generated traffic is expected to be greater than 100 vehicle trips during any peak hour. 2. When a project includes a General Plan Amendment (GPA) which changes the land use. 3. When the project traffic will substantially affect an intersection or roadway segment already identified as operating at an unacceptable level of service. 4. When the project will substantially change the offsite transportation system or connection to it, as determined by the Traffic Engineering Manager. Moreover, the Fresno General Plan has established four (4) Traffic Impact Zones (TIZs) within the City of Fresno to assist with areas being incentivized for development. In the City of Fresno, all developments within TIZ-I maintain a LOS standard of F and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. In addition, all developments within TIZ-II maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Also, all developments within TIZ-III maintain a LOS standard of D and require a TIS when projected to generate greater than 100 peak hour new vehicle trips. Lastly, all developments within TIZ-IV maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Considering the Project is located within TIZ-III and its anticipated trip generation will not exceed 40 peak hour trips, a TIS would likely not be required. Additionally, the Project is located in an area where all major streets have been developed to meet or exceed the planned number of lanes. Also, all major street-to-major street intersections near the vicinity of the Project site are currently signalized and further improvements to these intersections are not anticipated by City of Fresno or Caltrans agencies. As a result, the preparation of a TIS beyond that which is included in this technical letter is not recommended. Jl R TRAFFIC If h BlP ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 5 (559) 570-8991 Medical Clinic - City of Fresno Trip Generation Analysis April 08, 2022 Conclusions and Recommendations Conclusions and recommendations presented below regarding the Project located on the northwest quadrant of Blackstone Avenue and Herndon Avenue in the City of Fresno are based on the results of the TGA. • The proposed Project will undergo a General Plan Amendment to modify the land use from Medium Density Residential (5.0 to 12.0 dwelling units per acre) to Commercial General. • At buildout, the proposed Project is estimated to generate a maximum of 406 daily trips, 32 AM peak hour trips and 40 PM peak hour trips. • Consistent with the General Plan, it is assumed that the Project site is developed according to the median density range allowable for Medium Density Residential of 8.5 dwelling units per acre. In this case, the Project site is anticipated to generate a maximum of 104 daily trips, 8 AM peak hour trips and 11 PM peak hour trips. • Compared to that which could be developed consistent with the General Plan, the proposed Project is estimated to generate more traffic by 302 daily trips, 24 AM peak hour trips and 29 PM peak hour trips. • Based on JLB’s knowledge of the proposed Project’s surrounding area, all major streets have been developed to meet or exceed their planned number of lanes and further improvements to these or nearby intersections are not anticipated. • The proposed Project is not substantially changing the offsite transportation system or connections to it. • Based on the findings and knowledge of the proposed Project’s surrounding area, JLB believes that this TGA satisfies the City’s requirements for the proposed Project to be processed. • While the proposed Project will not have a significant change in traffic to warrant the completion of a detailed traffic study, City of Fresno staff must make the final determination. If you have any questions or require additional information, please contact me via phone at (559) 570- 8991, or via email at jbenavides@jlbtraffic.com. Sincerely, Jose Luis Benavides, P.E., T.E. President Z:\01 Projects\004 Fresno\004-143 Valley Health Team\Letter\01 TGA Letter\L06232021 Medical Clinic TGA.docx Jl R TRAFFIC If h BlP ENGINEERING, INC. 1 Mitigation Measure Monitoring Program for Development Permit Application No. P22-00505 & Plan Amendment Rezone Application No. P22-00507 This Mitigation Monitoring and Reporting Program (MMRP) was formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the proposed Valley Health Team Project (project). The MMRP, which is found in Table A of this section, lists mitigation measures recommended in the IS/MND for the proposed project and identifies mitigation monitoring requirements. The MMRP must be adopted when the City Council makes a final decision on the proposed project. This MMRP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of an MMRP when mitigation measures are required to avoid significant impacts. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. The MMRP is intended to ensure compliance during implementation of the project. The MMRP is organized in a matrix format. The first column identifies the mitigation measure. The second column, entitled “Mitigation Responsibility,” refers to the party responsible for implementing the mitigation measure. The third column, entitled “Monitoring/Reporting Agency,” refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented. The fourth column, entitled “Monitoring Schedule,” refers to when monitoring will occur to ensure that the mitigating action is completed. The fifth column, entitled “Verification,” will be initialed and dated by the individual designated to verify adherence to the project specific mitigation. 2 This page left intentionally blank. Exhibit O FRESNO MUNICIPAL CODE & HOUSING ELEMENT FINDINGS PLAN AMENDMENT AND REZONE APPLICATION NO. P22-00507 DEVELOPMENT PERMIT APPLICATION NO. P22-00505 PLAN AMENDMENT AND REZONE APPLICATION FINDINGS Section 15-5812 of the Fresno Municipal Code provides that the City Council shall not approve an application unless the following findings can be made for the proposed Plan Amendment and Rezone: Findings per Fresno Municipal Code Section 15-5812 Finding a: The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy; Finding (a) can be made for the following reasons: The change in planned land use and zoning from Medium Density Residential to Commercial General provides consistency with the following General Plan goals: • Increase opportunity, economic development, business, and job creation; • Make full use of existing infrastructure, and investment in improvements to increase competitiveness and promote economic growth; and • 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. • Promote a city of healthy communities and improve quality of life in established neighborhoods. • Promote orderly land use development in pace with public facilities and services needed to serve development. These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. The following are applicable objectives and policies from the Urban Form, Land Use & Design, and Healthy Communities elements of the Fresno General Plan that the project is consistent with: • Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types. o Policy UF-1-f: Complete Neighborhoods, Densities, and Development Standards. Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan. • Objective LU-1 promotes the establishment of a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. o Policy LU-1-a: Promote Development within the Existing City Limits as of December 31, 2012. Promote new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City. o LU-1-c: Provision of Public Facilities and Services. Promote orderly land use development in pace with public facilities and services needed to serve development. • 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. o Policy LU-2-a: Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. • Objective LU-6: Retain and enhance existing commercial areas to strengthen Fresno’s economic base and site new office, retail, and lodging use districts to serve neighborhoods and regional visitors. o Policy LU-6-c: Appropriate Office Development. Promote the establishment of development standards for new offices, addressing location, size, and intensity necessary to meet the City’s needs. Integrate and support employment in adjacent and proximate neighborhoods.  Locate office projects to provide a transition between more intensive commercial uses and residential areas. • Objective LU-8 provides for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community. • Objective HC-1 works with neighborhood associations of local residents, businesses, and institutions on neighborhood and community health initiatives. o Policy HC-1-c: Neighborhood Care Facilities. Support public agencies and private sector groups who provide care facilities in neighborhoods and job centers through new partnerships and incentives, and create opportunities to provide healthy, secure environments for Pre-K children, older adults, and people with disabilities. o Policy HC-1-d: Cultural Sensitivity. Work with providers to ensure that additional health care services are offered in a way that is culturally sensitive and linguistically appropriate for the diverse communities in Fresno. • Objective HC-2 promotes the creation of complete, well-structured, and healthy neighborhoods and transportation systems. o Policy HC-2-a: Healthy Neighborhoods. Promote the design of Complete Neighborhoods whose physical layout and land use mix allow for walking to local stores and services, biking, and transit use; foster community pride; enhance neighborhood identity; encourage public safety; are family-friendly; and address the needs of residents of all ages and abilities. o Policy HC-2-d: Mobility for Carless Population. Improve multi-modal mobility for populations that do not have access to a car by connecting neighborhoods to major destinations, including parks; civic facilities; educational institutions; medical facilities; employment centers; shopping destinations; and recreation areas. • Objective HC-3 promotes the creation of healthy, safe, and affordable housing. o Policy HC-3-e: Health Services and Medical Facilities in Underserved Neighborhoods. Publicize existing health programs and help residents make the connection between County and community-based health services and medical facilities. Work with hospitals and the County of Fresno Health Department to increase siting and development of medical clinics and medical facilities. The change in the planned land use and zoning designation from Residential – Medium Density to Commercial – General would allow for the establishment of a new Medical Facility at the subject site. Further, the change would help facilitate and achieve the above-mentioned goals, objectives, and policies of the General Plan. The proposed plan amendment and rezone will facilitate a project that meets the intent of the goals, objectives, and policies of the Fresno General Plan referenced herein above. Valley Health Team, Inc., which provides healthcare services in the Central Valley, will serve and meet the healthcare needs of the underserved Pinedale neighborhood providing accessible, comprehensive, and quality health care in a culturally and linguistically appropriate manner. The subject property is currently undeveloped and located in an area experiencing growth in development and that can be generally characterized by a mix of existing land uses including Public Facilities (north), residential (south), commercial (east), residential (west). Furthermore, surrounding properties are planned and zoned for a mix of land uses which include Public Facility - Elementary School (north), Residential - Medium Density (south), Corridor - Center Mixed Use (east), and Residential - Medium Density (west). The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses. The project also proposes a building of high-quality design and at a scale compatible with the surrounding area. The proposed project would consist of the development of an approximately 11,664 square-foot, single-story medical clinic in the Pinedale community. Therefore, the project fosters a high-quality design and would contribute to the mix of amenities in the surrounding area. Lastly, the project supports economic development by creating a new Medical facility, which will provide 40 permanent, full-time, good paying jobs, in North Fresno’s Pinedale Area. The subject property is designated for Medium Density Residential planned uses by the Bullard Community Plan. Upon reviewing the policies contained in the Plan staff has determined that the there are no policies that are applicable or are more restrictive than those contained in the 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. Goals within the Bullard Community Plan that the project is consistent with are as outlined below: • Goal 4.1.2-5: Provide for a compatible relationship between differing housing types and densities. The Pinedale Neighborhood Plan currently has principles and policies that would discourage commercial uses at the subject site. Objective D-1 provide the intent to restrict development of new commercial uses to areas that are within the North Blackstone/North Sugar Pine Avenue commercial corridor and along the Herndon Avenue frontage road, directly southeast of the project site. Specifically, Policy D.1.d of the Pinedale Neighborhood Plan calls for the rezone of the subject properties (along the westerly side of North Sugar Pine Avenue, between West Beechwood and West Fir Avenues) from the C-6 (Heavy Commercial) zone district to R-2-A (Low Density Multiple- Family Residential, one story) zone district. The subject properties are currently zoned RS-5 (Residential Single-Family, Medium Density) which allows for single-family and multi-family residential uses. However, the Pinedale Neighborhood Plan includes the intent to provide the residents of Pinedale easy access to needed commercial and professional/medical services. The project (as proposed) will introduce medical services and easy access to residents who may otherwise require transit or a vehicle to reach medical services outside of Pinedale. In this way, the project (proposed rezone/plan amendment and related development permit) may be found consistent with the intent and vision of the Pinedale Neighborhood Plan. Specifically, Chapter 2 (Commercial) of the Pinedale Neighborhood Plan states the following: • Policy D-2.d: All commercial uses shall provide adequate on-site parking which shall be landscaped and located in such a manner that it is not disruptive lo the neighborhood character. The project includes a concrete masonry unit (CMU) along the western project site boundary, which adjoins residential. The project also includes landscaping which will comply with Development Standards of the FMC Article 23. Chapter 4 (Circulation) of the Pinedale Neighborhood Plan states the following: • Goal K: Expand the opportunity and ability for Pinedale residents to reach commercial and medical related services through the use of public or private transit. The Pinedale area is an underserved community with limited access to transit and medical services, the project as proposed addresses the lack of medical services and removes the need for transit to areas outside of Pinedale. Appendix 1 (Historical Overview) of the Pinedale Neighborhood Plan states the following: • Today the community is considered one of the most diverse in the area, with a well-integrated mix of Hispanic, African-American, while and Southeast Asians living together. It is definitely a walking community. As proposed, the project offers residents the opportunity to have walking distance access to medical access without leaving the community. Further, the subject site has remained vacant since the creation of the Pinedale Neighborhood Plan and would promote development of vacant, underdeveloped, and re-developable land within the City Limits. Finding b: The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare; and Finding (b) can be made for the following reasons: The proposed change is necessary for the development of a Medical Facility. The subject property is currently zoned for Medium Density Residential uses. The proposed rezoning of the property would allow Valley Health Team, Inc. to develop an 11,664 square-foot medical clinic. Pursuant to Table 15-1202 (Land Use Regulations – Commercial Districts) of the FMC, Office uses, which includes Medical and Dental, are permitted “by right” in the CG zone district with an approved Development Permit and not subject to specific limitations or additional regulations for special uses pursuant to Article 27 of the FMC. The Development Code implements setbacks, height, density, landscaping, parking and all applicable development standards for the use listed above. In addition, all responsible departments and agencies have been contacted and provided opportunity to respond with requirements to ensure the proposed development will protect the health, safety, peace, comfort, and general welfare of the community. Specific requirements are identified in the project Conditions of Approval listed in Exhibit J of the staff report. The proposed project will provide employment opportunities in the City of Fresno. In addition, by allowing Valley Health Team, Inc. to develop a medical clinic in the Pinedale community, the residents will have access to medical care services in the underserved Pinedale community. The project has been designed and conditioned in a manner which will promote and protect the public health, safety, peace, comfort and general welfare as provided and further analyzed within the staff report, to which these findings are attached, as well as within the associated Environmental Assessment (Exhibit N) attached to the staff report. Finding c: The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land within a given zoning district to meet market demand. Finding (c) can be made for the following reasons: The proposed change in land use from Medium Density Residential to Commercial - General will help the City comply with goals and policies of the General Plan, including Objectives LU-8, HC-1, HC-2, LU-1, LU-2, and Policies HC-1-d, HC-2-d, LU-1-a, LU-1-c, LU-2-a as mentioned in Finding A above. Objective LU-8, HC-1, HC-2, LU-1, LU-2 Policy HC-1-d, HC-2-d, LU-1-a, LU-1-c, LU-2-a Furthermore, the proposed change in land use from Medium Density Residential to Commercial - General will help the City meet the intent and vision of the Pinedale Neighborhood Plan as well as comply with the goals and policies of the PNP, including Goals K, and Policy D-2.d as mentioned in Finding A above. DEVELOPMENT PERMIT APPLICATION FINDINGS Section 15-5206 of the Fresno Municipal Code provides 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 FRESNO MUNICIPAL CODE SECTION 15-5206 Finding a: The applicable standards and requirements of this Code. Finding (a) can be made for the following reasons: Development and use of the subject site as proposed is contingent upon approval of the related Plan Amendment and Rezone Application (P22-00507) components. The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) zone district to the CG (Commercial - General) zone district in accordance with the Plan Amendment Application. The proposed use, Office, Medical and Dental, is permitted by right, subject to an approved Development Permit, in the CG (Commercial - General) zone district. Given the conditions of approval, Development Permit Application No. P22-00505 will comply with all applicable development standards of CG zone district and the Citywide Development Code including but not limited to Article 12 (Commercial Districts), Section 15-2008 (Screening Between Differing Land Uses), Article 23 (Landscaping), and Article 24 (Parking and Loading). Finding b: The General Plan and any operative plan or policies the City has adopted. Finding (b) can be made for the following reasons: Given the conditions of approval, Development Permit Application No. P22-00505 has been found to be consistent with the goals, objectives, and policies contained in the Fresno General Plan, Bullard Community Plan, and the Pinedale Neighborhood Plan as well as the planned land use designation of Commercial - General. Finding c: Any applicable design guidelines adopted by the City Council. Finding (c) can be made for the following reasons: Given the conditions of approval, Development Permit Application No. P22-00505 will comply with all applicable site design and façade design development standards of the CG (Commercial - General) zone district. Finding d: Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required. Finding (d) can be made for the following reasons: Aside from the related Plan Amendment and Rezone Application No. P22-00507, the proposed project does not require a Tentative Map, Conditional Use Permit, Variance or other planning or zoning approval. Development Permit Application No. P22-00505 is consistent with the proposed Plan Amendment and Rezone Application No. P22-00507 in that the land use and zoning change approval will allow for the development of a Medical Facility. All special conditions required for the proposed project have been incorporated into the Conditions of Approval which shall be met prior to issuance of building permits/occupancy. Furthermore, the applicant is required to submit corrected exhibits, inclusive of all conditions of approval which will ensure that all requirements are met. 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. Finding (e) can be made for the following reasons: The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan. The project site is located within the Fresno-Chandler Executive Airport’s (FCE) Safety Zone 7 – Precision Approach Zone and is not located within a Noise Contour. Listed uses prohibited in Traffic Pattern Zone include hazards to flight. Furthermore, the following Development conditions do not apply; No object shall have 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. The Airport Land Use Commission reviewed the project as submitted at their December 5, 2022, regular meeting and approved a Finding of Consistency with the ALUCP. Therefore, the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan. HOUSING ELEMENT FINDINGS The City Council may only approve development on a Housing Element Site at less than the established minimum residential capacity if it makes the following findings at the time of approval pursuant to California Government Code §§ 65863, et seq.: Findings per the Housing Element (California Government Code §§ 65863, et seq.) The City Council may only approve an application that reduces the residential density for sites within the Housing Element Inventory, or allow development of any site at, a lower density if it finds that the application is consistent with the purposes of this article and with the following. a. The reduction in residential densities on sites within the Housing Element inventory included in the proposed Plan Amendment, Rezone, and Development Permit is consistent with the goals and objectives of the Fresno General Plan, and is consistent with the Housing Element; and Finding a: Given approval of Plan Amendment and Rezone Application No. P22-00507, related Development Permit Application NO. P22-00505, and the conditions of approval, the proposed 11,664-square-foot, single-story medical clinic which will reduce residential densities on sites within the Housing Element inventory is consistent with the goals and objectives of the Fresno General Plan, and is consistent with the Housing Element. b. The remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Section 65584. The capacity quantification for all income categories is as follows: Finding b: This project (P22-00505 and P22-00507) is located across six parcels, five of which are part of the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates a combined minimum capacity of 5 above moderate units for this site. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,499 for a total existing capacity of 15,615 units. This project proposes 0 units of housing and will therefore lower the surplus capacity to 5,494 units. As the remaining sites identified in the Housing Element are adequate 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. 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 R City Council Hearing August 10, 2023 CONSIDERATION OF PLAN AMENDMENT & REZONE APPLICATION NO. P22-00507, DEVELOPMENT PERMIT APPLICATION NO. P22-00505 AND RELATED ENVIRONMENTAL FINDING FOR EA NO. P22-00507/P22-00505 Filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. City Council Hearing August 10, 2023 Existing Planned Land Use & Zoning Map RS-5 Medium Density – Single Family Residential 6 -14 dwelling units RS-3 RS-4 RM-1 RM-2 RM-3 CMS CC CRC CG RS-5 CH CR NMX CMX RMX CMX CMX CMX CR CMX CMX RS-5 RS-5 CG PI Pinedale Elementary School City Council Hearing August 10, 2023 Project Summary & Background: Development Two (2)points of ingress and egress; one (1)along N.Sugar Pine Ave; one (1)along W.Beechwood Ave; Curbs,gutters,and sidewalks; Landscaping and landscape buffer; Six-foot CMU block wall Parking; Operations Hours of Operation: Monday through Friday,8:00 a.m.to 6:00 p.m. Saturdays 8:00 a.m.to 8:00 p.m. Exam,treatment,labs,x-ray,behavioral health,dental and other rooms and offices. Telemedicine Services (25% of appointments) Expected to serve 5,000 patients 21,540 patients visits per year 82 patients per day Residents of the Pinedale Community and Pinedale Elementary School students account for 40% -50% of patients 40 staff members Site Plan Development Permit Application No. P22-00505 proposes to construct an ±11 ,664 square-foot,single-story medical clinic. City Council Hearing August 10, 2023 Project Summary & Background: Continued Development Permit Application No. P22-00505 proposes to construct an ±11,664 square-foot, single-story medical clinic. Plan Amendment Application No. P22-00507 requests to change the planned land use designation for the subject property from Residential –Medium Density to Commercial –General;and Rezone Application No. P22-00507 requests to rezone the subject property from the RS-5 (Residential Single Family,Medium Density)zone district to CG (Commercial –General)zone district. Commercial –General planned land use designation and zoning classification accommodates a range of commercial uses (including Offices,Medical and Dental); General Commercial uses (which includes Offices,Medical and Dental)are permitted “by-right”in the CG zone district;and If approved, the proposed development would be considered consistent with the proposed Commercial –General planned land use and zoning designation. City Council Hearing August 10, 2023 Proposed Planned Land Use & Zoning Map CG Commercial – General RS-3 RS-4 RM-1 RM-2 RM-3 CMS CC CRC CG RS-5 CH CR NMX CMX RMX CMX CMX CMX CR CMX CMX RS-5 RS-5 CG PI Pinedale Elementary School City Council Hearing August 10, 2023 Staff Recommendation 1.ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2.RESOLUTION – Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Bullard Community Plan, Pinedale Neighborhood Plan and the Fresno General Plan to change the planned land use designation for the subject property from Residential – Medium Density to Commercial – General; and 3.BILL – (For introduction and adoption) – Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) zone district to the CG (Commercial – General) zone district in accordance with the Plan Amendment Application; and 4.APPROVE Development Permit Application No. P22-00505, requesting authorization to construct an ±11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1162 Agenda Date:8/10/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Traffic and Engineering Services Division SUBJECT HEARING to consider the vacation of a portion of North Hayes Avenue, south of West Bullard Avenue (Council District 2): 1. ***RESOLUTION - Ordering the vacation a portion of North Hayes Avenue, south of West Bullard Avenue (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends the City Council conduct the required public hearing and at the close of the hearing, adopt the attached resolution ordering the vacation of a portion of North Hayes Avenue, south of West Bullard Avenue. EXECUTIVE SUMMARY The Butler Investment Group, LLC is proposing to vacate a portion of North Hayes Avenue, south of West Bullard Avenue. The purpose of this vacation is to accommodate the construction for Development Permit Number P19-03659, which is a 185-unit apartment complex. City staff have completed the vacation feasibility study and recommends for Council to adopt the Resolution to Vacate. BACKGROUND This portion of North Hayes Avenue was originally dedicated to Fresno County by map of J.C. Forkner Fig Gardens - Subdivision Number 2, recorded January 9, 1920 in Volume 8 of Plats, at Page 66, Fresno County Records. The City of Fresno annexed this area on December 29, 1981 by Annexation Number 1004. This public street was originally dedicated in 1920, but was never constructed or used as a public street. The proposed public street vacation is to dispose of excess right of way and accommodate the construction for Development Permit Number P19-03659, which is a 185-unit apartment complex consisting of one, two, and three bedroom units. The apartment complex will include onsite parking facilities, storage units, recreational facilities, and open space areas for residents to utilize. Recreational facilities include a swimming pool, basketball court (half court), and barbeque areas. City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 MK/GB 7-0 R. 2023-233 File #:ID 23-1162 Agenda Date:8/10/2023 Agenda #: The Public Works Department,other City departments and utility agencies have reviewed the proposed vacation and determined that the public street easement proposed for vacation is unnecessary for present or prospective public street purposes,as described in Exhibit “A”and as shown on Exhibit “B”,subject to the reservation of a public utility easement over the entire area proposed to be vacated and subject to conditions of approval as listed in Exhibit “C”,said exhibits are included in the attached Resolution to Vacate. The City is not disposing of any land and therefore the Surplus Land Act is not applicable. The City Attorney’s Office has approved the attached Resolution to Vacate as to form. The vacation,if approved by the Council at the public hearing,will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder,but not until the City Engineer determines that the conditions listed in the attached resolution have been satisfied and accepted by the City. ENVIRONMENTAL FINDINGS Environmental Assessment Number P22-02007 was adopted by Council on July 20,2023 and is Categorically Exempt pursuant to Sections 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines. LOCAL PREFERENCE Local preference does not apply because the vacation of a public street easement does not involve bidding or contracting. FISCAL IMPACT This vacation is located in Council District 2 and there will be no City funds involved with this vacation.The Butler Investment Group,LLC has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachment(s): PWF12937 Hayes Vacation Vicinity Map Hayes Resolution to Vacate City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague NORTH ANNADALEBLACKSTONEFRESNOFIRSTMILLBROOK OLIVEFRUITWESTPALMBRYANOLIVE JENSEN BUTLER CHURCH TULARE MUSCAT BLYTHECHATEAU FRESNOHAYESGRANTLANDCHATEAUFRESNOHIGHLANDCENTRAL PROJECT SITE Project ID: PWF12937 Council District: 2 PROPOSED VACATION OF A PORTION OF NORTH HAYES AVENUE, SOUTH OF WEST BULLARD AVENUEN 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Legend City Limits District 2 EXHIBIT “C” VACATION CONDITION OF APPROVAL 1. The proposed vacation area lies within the Fresno Metropolitan Flood Control District’s Drainage Area “EH”. There are no existing or proposed Master Plan facilities within the proposed vacation area as detailed on the Exhibit “B” provided to the District. The District requires that the Master Plan drainage patterns remain as designed for the proposed vacation area. The District will need to review and approve any improvement plans associated with the project (i.e. grading plan and street plans), for conf ormance with the Master Plan drainage patterns prior to implementation. Should you have any questions regarding this matter, please do not hesitate to contact us at (559) 456-3292. FID previously reviewed Site Plan P21-00192 on March 9, 2021, those comments and conditions still apply. For more details, please contact and Chris Lundeen at (559) 233-7161. 2. Pacific Gas and Electric Company has ex isting land rights in this area and are requesting a public utility easement be reserved contiguous to the southerly right of way line of West Bullard Avenue and contiguous to the new westerly right of way line of North Hayes Avenue. If you have any question regarding this condition, please contact Salvador Graciliano at (661) 865-2319. PW File 12937 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1030 Agenda Date:8/10/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of the Mayor & City Manager BY:JENNIFER RUIZ, Deputy City Manager Office of the Mayor & City Manager SUBJECT HEARING - Consideration of an appeal of the City Manager’s decision to approve the change of location for retail Commercial Cannabis Business Permit No. C-20-88 (Council District 5) RECOMMENDATION Consider Commercial Cannabis Business Permit Application No. C-20-88 proposed change of location to 4555 East Kings Canyon Road. EXECUTIVE SUMMARY Commercial Cannabis Business (CCB) Permit Application No. C-20-88 was submitted on December 4, 2020 and issued preliminary approval for the location at 3849 E Ventura Street on September 8, 2021. Pursuant to FMC 9-3325, cannabis businesses are authorized to submit a change of location application. Fresno Farms submitted an application to change their cannabis retail permit location to 4555 E Kings Canyon Road on April 27, 2023. The City Manager issued preliminary approval of the application on May 31, 2023. City Councilmember Luis Chavez appealed the decision on June 1, 2023. BACKGROUND Commercial Cannabis Business (CCB) Permit Application No. C-20-88 was submitted on December 4, 2020 for a proposed business location at 3849 E Ventura Street. Pursuant to Fresno Municipal Code (FMC) Section 9-3317, the City Manager adopted and published guidelines by which the top applicants in each category of each commercial cannabis activity were evaluated. Based on the evaluation, the permit application C-20-88 submitted by Yuma Way CA LLC, dba Fresno Farms, was issued preliminary approval by the City Manager on September 8, 2021. At the time that preliminary approval was issued, the original proposed location at 3849 E Ventura Street met all the requirements of the Fresno Municipal Code. However, during the evaluation of the Conditional Use Permit Application (P22-00623), staff identified that plans existed for a school (Francine and Murray Farber Educational Campus at 10th Street and Ventura) to be built less than City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 HELD APPEAL DROPPED BY D5 File #:ID 23-1030 Agenda Date:8/10/2023 Agenda #: 800 feet from the proposed location. Pursuant to FMC Sec. 9-3307(c)(2) cannabis retail businesses are prohibited from operating in a location that is closer than 800 feet to a school providing instruction for any grades pre-school through 12. On December 1, 2021, the City Manager published a “Frequently Asked Questions” (FAQ) document to the City’s cannabis website that described the requirements for a change of location. FMC Sec. 9- 3325 allows a cannabis retail business or commercial cannabis business to change locations. The process and fees are the same as for new cannabis permit applications. The FAQ document specified when a “change of location” application can be submitted, requiring an applicant to get an approved Conditional Use Permit (CUP) and be eligible for a final cannabis business permit before they can submit an application to change locations. Fresno Farms received approval for a cannabis Conditional Use Permit (CUP) on August 22, 2022 for the business location at 3849 Ventura Street. Fresno Municipal Code Section 9-3307(b) allows for a maximum of three cannabis retail permits per district. Currently, three cannabis conditional use permits have been approved in District 5 including the permit discussed herein that proposes to change locations. Therefore, prior to approval of a new conditional use permit, the Planning Department will need to revoke the conditional use permit approved for 3849 E Ventura Street. On April 27, 2023, Yuma Way CA LLC, dba Fresno Farms, submitted an application to change their cannabis retail permit business location to 4555 E Kings Canyon Road. Staff evaluation of the application and location occurred, and the application was determined to meet the requirements of the Fresno Municipal Code. On May 31, 2023, the City Manager issued preliminary approval of Yuma Way CA LLC’s application to change locations of the cannabis retail business. On June 1, 2023, District 5 City Councilmember Luis Chavez appealed the City Manager’s decision, citing his desire to provide the community the opportunity to weigh in. ENVIRONMENTAL FINDINGS This approval is not a project for the purposes of CEQA Guidelines Section 15378. LOCAL PREFERENCE Not applicable for this application to change locations. FISCAL IMPACT The business estimates significant tax revenues contributions to the City. Attachments: 1.Exhibit A - Change of Location Application 2.Exhibit B - Zoning Inquiry Letter 3.Exhibit C - Preliminary Approval Letter 4.Exhibit D - Appeal from Councilmember Chavez 5.Exhibit E - Map of the Proposed Project Site 6.Exhibit F - Public Hearing Notice 7.Exhibit G - Report to Council Presentation City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ 06/16/2023 City of Fresno, CA CCB-23-1 Commercial Cannabis Business Permit - Change of Location Changes to Application Applicant (Entity) Information Status: Active Date Created: Apr 27, 2023 Applicant Jessica Reuven jessica.reuven@yumaway.com 12740 Mccormick St Valley Village, Ca 91607 720-275-8956 Business Location  Applicant (Entity) Name: Yuma Way CA LLC Original Permit Application Number: C-20-88 DBA: Fresno Farms Current Business Mailing Address: 12740 McCormick St City: 12740 Mccormick St State: California Zip Code: 91607 Primary Contact Same as Above? Yes Primary Contact Name: Jessica Reuven Primary Contact Title: Chief Compliance Officer Primary Contact Phone: 720-275-8956 Primary Contact Email: Jessica.reuven@yumaway.com Proposed Location Application Type Consultants HAS ANY INDIVIDUAL IN THIS APPLICATION APPLIED FOR ANY OTHER CANNABIS PERMIT IN THE CITY OF FRESNO?: Yes Is this a cannabis social equity business? NO Property Owner Name: Joan D. Gaskins Revocalbe Trust Proposed Location Address: 4555 E Kings Canyon Rd City: Fresno State: California Zip Code: 93702 Property Owner Phone: 559-650-7826 Property Owner Email: rbraden@jemmanagement.com Assessor's Parcel Number (APN): 461-284-29 & 461-284-30 Proposed Location Square Footage: 2,112 Select one or more of the following categories. For each category, indicate whether you are applying for Adult-Use (“A”) or/and Medicinal (“M”) or both Both Please make one selection for permit type. If making multiple applications, please submit a new application for each permit type and proposed location. Permit Type Retail Business Formation Documentation: Limited Liability Company Supporting Information Application Certification Please list all consultants assisting with this project: Cynthia Zamora List all fictitious business names the applicant is operating under including the address where each business is located: Releaf on Vine- 2544 E Vineyard Ave, Oxnard 93036, Fresno Farms (pending approval) 4555 E Kings Canyon Rd, Fresno CA 93702 Has the Applicant or any of its owners been the subject of any administrative action, including but not limited to suspension, denial, or revocation of a cannabis business license at any time during the past three (3) years? Yes If so, please list and explain: No owner has had a suspension, denial or revocation of any of their licenses. Owner Kirill Merkulov (33.33%) has had one administrative action in 2022 related to a non-compliant sale at one his 13 facilities. Corrective measures were taken and he and his business remain in good standing with the City and State. This is the only administrative action taken in 9 years he has operated a cannabis business. No other owner has had any adminstrative actions for a facility they own. Is the Applicant or any of its owners currently involved in an application process in any other jurisdiction? Yes If so, please list and explain: Owner, Jessica Reuven has a pending application for a cannabis retail license in Vineland NJ. I hereby certify, under penalty of perjury, on behalf of myself and all owners, managers and supervisors identified in this application that the statements and information furnished in this application and the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or revocation of a permit issued. Name and Digital Signature Jessica Reuven 04/27/2023 Title Chief Compliance Officer Please note: the issuance of a permit will be determined based on the application you submit and any major changes to your business or proposal (i.e. ownership, location, etc.) after your application is submitted may result in a denial. All applications submitted are considered Attachments In addition, I understand that the filing of this application grants the City of Fresno permission to reproduce submitted materials for distribution to staff, Commission, Board and City Council Members, and other Agencies to process the application. Nothing in this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits, and photographs for any purpose unrelated to the City's consideration of this application. Furthermore, by submitting this application, I understand and agree that any business resulting from an approval shall be maintained and operated in accordance with requirements of the City of Fresno Municipal Code and State law. Under penalty of perjury, I hereby declare that the information contained in within and submitted with the application is true, complete, and accurate. I understand that a misrepresentation of the facts is cause for rejection of this application, denial of a permit or revocation of an issued permit. A denial or revocation on these grounds shall not be appealable (FMC 9-3319(d)). public documents for Public Records Act request purposes. For details about the information required as part of the application process, see the Application Procedures & Guidelines, City of Fresno Municipal Code Article 33 and any additional requirements to complete the application process. All documents can be found online via this link. For questions please contact the City Manager’s Office at 559.621.5555. pdf Copy of _FINAL - CA - FE - 6.Location -4555 E Kings Canyon Ave.pdf Uploaded by Jessica Reuven on Apr 27, 2023 at 11:09 am pdf P23-00282 Zoning Inquiry Letter (1).pdf Uploaded by Jessica Reuven on Apr 27, 2023 at 11:14 am pdf 4555 KINGS Canyon FE PSA (1).pdf Uploaded by Jessica Reuven on Apr 27, 2023 at 11:12 am pdf 0683_001.pdf Uploaded by Jessica Reuven on Apr 27, 2023 at 11:13 am pdf PKG EndR-3283 - adding location - Yuma Way CA LLC.pdf Uploaded by Jessica Reuven on Apr 27, 2023 at 11:16 am pdf 4555Kings Canyon_FE Addendum (1).pdf Uploaded by Jessica Reuven on Apr 27, 2023 at 11:12 am pdf 4555 security diagram floor plan (1).pdf Uploaded by Jessica Reuven on Apr 27, 2023 at 11:49 am pdf 20230531 COL Preliminary Approval Fresno Farms.pdf Uploaded by Jennifer Ruiz on May 31, 2023 at 4:49 pm PLANNING AND DEVELOPMENT DEPARTMENT 2600 Fresno Street • Third Floor Jennifer K. Clark, AICP, Director Fresno, California 93721-3604 (559) 621-8277 FAX (559) 498-1026 January 30, 2023 Please reply to: Rob Holt (559) 621-8056 Jessica Reuven Yuma Way CA jessica.reuven@yumaway.com (sent via e-mail only) Dear Applicant: SUBJECT: ZONING INQUIRY NUMBER P23-00282 REQUESTING INFORMATION REGARDING CANNABIS RETAIL FOR PROPERTY LOCATED AT 4555 EAST KINGS CANYON ROAD (APN 461-284-30) Thank you for your inquiry regarding the allowance of new cannabis retail uses. The requested information about cannabis retail uses was analyzed using Article 27, Chapter 15 of the Fresno Municipal Code (FMC) of the City of Fresno . Please note, all research for this inquiry is based on existing land development of the subject property. If there are multiple buildings on the subject property, this research was based on the address provided in the request. This research does not take into effect of future development unless provided in your application request. With that, research of a proposed cannabis retail business on the subject property conveys the following: 1. All cannabis retail businesses must be located on property zoned DTN (Downtown Neighborhood), DTG (Downtown General), CMS (Commercial Main Street), CC (Commercial Community), CR (Commercial Regional), CG (Commercial General), CH (Commercial Highway), NMX (Neighborhood Mixed- Use), CMX (Corridor/Center Mixed-Use), RMX (Regional Mixed-Use), and must meet all of the requirements for development in these zones, including, but not limited to, parking, lighting, building materials, etc. The subject property is zoned CMX, which is one of the allowable zone districts for cannabis retail businesses. Development standards of the CMX zone district are available in Sections 15-1103, 15-1104, and 15-1105 of the FMC. The subject location meets the zone district requirement, per Section 15- 2739.B.1.a of the FMC, for a cannabis retail business. However, as noted below, the subject property does not meet the location restriction requirements per Section 9-3308 of the FMC for a cannabis retail business. Zoning Inquiry P23-00282 4555 East Kings Canyon Road Page 2 January 30, 2023 2. All building(s) in which a cannabis retail business is located shall be no closer than 800 feet from any property boundary containing the following: (1) A cannabis retail business; (2) A school providing instruction for any grades pre - school through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12); (3) A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted; and, (4) A youth center that is in existence at the time a complete commercial cannabis business permit is submitted. The subject property is not located within 800 feet of the property boundary of any of the above-mentioned uses. The subject building meets the separation requirements, per Section 15-2739.B.1.b of the FMC, for a cannabis retail business. However, as noted below, the subject property does not meet the location restriction requirements per Section 9-3308 of the FMC for a cannabis retail business. 3. Prior to commencing operations, a cannabis retail business must obtain a Cannabis Conditional Use Permit from the Planning and Development Department per Section 15-2739.N of the FMC. 4. No more than 3 cannabis retail businesses may be located in any one Council District. The subject property is in Council District 5. There are currently three commercial cannabis business permits in process for cannabis retail businesses in Council District 5. Pursuant to FMC Section 9-3306(b) and City of Fresno Resolution No. 2021-163 (attached), this location requirement is not satisfied for a cannabis retail business. Please review the entirety of Article 33, Chapter 9 (Cannabis Retail Business and Commercial Cannabis), and Section 15-2739 (Adult Use and Medicinal Cannabis Retail Business and Commercial Cannabis Business) of the FMC to understand other requirements of cannabis retail businesses, including but not limited to, application requirements, signage, etc. This information was researched by the undersigned per the zoning re quest. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to, the information supplied by the requestor. The City of Fresno assumes no liability for errors and omissions. All in formation was obtained from public records held by the Planning and Development Department. A copy of the Fresno Municipal Code may be obtained by contacting the City Clerk’s office at 559-621-7650. The Fresno Municipal Code may also be searched on the Internet, free of charge, by going to www.fresno.gov. If you have questions regarding Zoning Inquiry P23-00282 4555 East Kings Canyon Road Page 3 January 30, 2023 this matter, please contact me by telephone at 559-621-8056 or at Robert.Holt@fresno.gov. Cordially, Rob Holt, Planner III Development Services Division Planning and Development Department cc: City of Fresno Resolution No. 2021-163 From:Luis Chavez To:Jennifer Ruiz Cc:Brenda Rapada; Heather Thomas; Georgeanne White; Andrew Janz Subject:Re: Cannabis retail permit - location change, preliminary approval Date:Thursday, June 1, 2023 1:05:31 PM I will be appealing and allowing the community to weigh in.. June 29 or later.. Please accept this notification as my official appeal request for this item.. also, let me know when letters go out to the residents, as we will get calls and emails from the notice. thanks. From: Jennifer Ruiz Sent: Wednesday, May 31, 2023 4:41:16 PM To: Luis Chavez Cc: Brenda Rapada; Heather Thomas; Georgeanne White Subject: Cannabis retail permit - location change, preliminary approval Please see attached regarding the preliminary approval of a change of location application for a cannabis retail permit is District 5. Please let me know if you have questions. Jennifer Ruiz, MBA Deputy City Manager Office of the Mayor and City Manager Fresno City Hall – 2600 Fresno St., Fresno, CA 93721 Phone (559) 621-7778 E Huntington Blvd SBartonAveSJacksonAveE Mono St Aly Aly E Inyo St E El Monte Way E Montecito Ave Aly Aly Aly E Balch Ave E Mono St E Inyo St Maple AveKings Canyon Rd Huntington & Maple Park C-20-88 0 250 500 750125 Feet Legend Approved Site Boys And Girls Club Day Care Library -School Park 800ft Sensitive Use Buffer Retail Location Parcels Application No: C-20-88 Name: Fresno Farms Address: 4555 E Kings Canyon Road GIS Data Disclaimer: City of Fresno disclaims any responsibility for the accuracy or correctness of the data. Neither the City of Fresno nor any officer, or employee warrants the accuracy, reliability or timeliness or any of the data provided. In no event shall City of Fresno become liable to users of these data, or any other party, for any loss or damages, consequential or otherwise, including but not limited to time, money, or goodwill, arising from the use, operation or modification of the data. In using these data, users further agree to indemnify, defend, and hold harmless City of Fresno for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data. ± CITY OF FRESNO CITY MANAGER’S OFFICE NOTICE OF PUBLIC HEARING COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION NO. C-20-88 (Change of Location Application No. CCB-23-1) NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Section 9-3317 of the Fresno Municipal Code will conduct a public hearing to consider and make a determination on the following application filed by Jessica Reuven on behalf of Yuma Way CA LLC, pertaining to property located at 4555 E Kings Canyon Road in Fresno, located on the north side of Kings Canyon Road between S. Jackson Avenue and S. Maple Avenue. 1. Commercial Cannabis Business Permit Application No. C-20-88: A request to operate a cannabis retail business on the subject parcel in the CMX (Corridor/Center Mixed-USe) zone district. *The above documents are available for public review via the upcoming City Council Agenda. Any interested person may also appear electronically during the public hearing to speak in favor or against the project proposal, by either Zoom meeting or telephone with instructions provided on the Council Agenda, at the public hearing and present written testimony, via an eComment or by email to Cannabis.Regs@fresno.gov, or speak in favor or against the proposal. Unless otherwise required by law to be accepted by the City at or prior to a City Council meeting or hearing, no documents shall be accepted for City Council review unless they are submitted to the Office of Cannabis Oversight or the City Clerk at least 24 hours prior to the commencement of the City Council meeting at which the associated agenda item is to be heard. If you challenge the above application 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 Fresno City Council or contact person below, at, or prior to, the public hearing. Action by the Council is final. NOTE: This public hearing notice is being mailed to surrounding property within 1,000 feet of the project site pursuant to the requirements of Fresno Municipal Code Section 9-3317. For additional information regarding this project, contact Jennifer Ruiz, Deputy City Manager, City Manager’s Office, 2600 Fresno Street, Fresno, California 93721-3604, by phone at (559) 621-7778 or via e-mail at Jennifer.Ruiz@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070 o por correo electrónico a Jose.Valenzuela@fresno.gov. If you would like additonal information about the project, documents are available to view at: http://www.fresno.gov/cannabis OFFICE OF THE CITY MANAGER Georgeanne A. White, City Manager Dated: July 31, 2023 SEE MAP ON REVERSE SIDE Office of Cannabis Oversight Office of the City Manager 2600 Fresno Street · Fresno, CA 93721 · Phone (559) 621-5555 FRESNO CITY COUNCIL Date: Thursday, August 10th, 2023 Time: 10:15 a.m., or thereafter Place: City Hall – in person and/or electronic. Watch the live broadcast via the Zoom link located on the Council Agenda found at the City’s website: https://fresno.legistar.com/Calendar.aspx Jennifer Ruiz CITY MANAGER’S OFFICE 2600 FRESNO STREET FRESNO CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 4555 E Kings Canyon Road C-20-88 VICINITY MAP Subject Property Yuma Way CA LLC “Fresno Farms” Retail – Commercial Cannabis Business Permit No. C-20-88 COUNCIL DISTRICT 5 Yuma Way CA LLC 4555 E Kings Canyon (C-20-88) 2,112 Square Feet Located on the north side of Kings Canyon Road between S. Jackson and S. Maple Avenue. Meets requirements of FMC & Application procedures. Preliminary Approval: May 31, 2023 Appeal: June 1, 2023 from Councilmember Chavez, “allowing the community to weigh in.” Yuma Way CA LLC 4555 E Kings Canyon Road (C-20-88) This project received one public comment highlighting a number of concerns. They include: •Concern that there are already a lot of homeless people and drugs in the area and that a cannabis retail dispensary would make it worse. •Concern that the people that sell drugs illegally in the neighborhood would try to attack the store. •Concern that the location is too close to Roosevelt school and to close to a residential neighborhood. Response to the Concerns Raised: 1.The applicant has prepared a detailed Security Plan, developed by a professional security consultant, which will include significant video surveillance, alarms, access control, and an armed security guard 24-hours-a-day. The security plan measures are compliant with the Fresno Municipal Code. These measures will not only protect the cannabis retail business, it would add to the security presence in the immediate area. 2.The applicant has met the location requirements indicated in the FMC. Yuma Way CA LLC 4555 E Kings Canyon Road (C-20-88) 1 Fresno Farms 2 over 174 years of combined highly-regulated industry experience. REGULATED CANNABIS TECHNOLOGYHEALTH CARE FINANCE LAND DEVELOPMENT REAL ESTATE LAW BUSINESS PLAN - Qualification of Owners Rita Tsalyuk Chief Executive Officer Seasoned entrepreneur with decades of experience in land development, health care, real estate, civil & software engineering. CEO of Yuma Way and owner of The Coffee Joint. Kirill Merkulov Chief Financial Officer 20 years of real estate brokerage, finance and property management experience, project management, land development projects specific to cannabis, owner and CFO of Yuma Way and The Coffee Joint. Jessica Reuven Chief Compliance Officer Licensed New York attorney, CCO for Yuma Way and affiliates, local resident, community relations liaison. Experience in highly regulated industries including banking, law, real estate, and cannabis100% Immigrant & Majority Women and Family Owned 3 HISTORY OF SUCCESS - Qualification of Owners 2015 2016 2017 2018 2019 2020 2021 Started in Colorado & established a single cultivation Established a single dispensary Added 2 additional stores and cultivation Under Development in Michigan, Illinois, Missouri & New Jersey Expanded to California Expanded 3 more stores with several in development Expanded to West Virginia Expansion in multiple states under way with an estimated 300% growth in revenue $70M+$30M+$15M+ Anticipated Revenue by year end 2024 Current Annual RevenuesTotal Generated Tax Revenue 2022 2023 Opened first California Store $2MM+ in projected annual revenueEmployment reached 120 4 SAFETY AND SECURITY - Features / Protocols / Training Safety: Fire Plan Prepared By Professional Safety and Suppression Consultant Adequate Fire suppression equipment Remote Alarm Monitoring Multiple Fire Escape Routes Security: Access Control and Limited Access Areas 24 hr HD video surveillance Remote security alarm monitoring/ Armed guards 24/7 CPTED implemented throughout Neighborhood Watch Training: Extensive First Aid OSHA Security Protocols Emergency response Proper Reporting Procedures Incident Logs: Reviewed by CEO & COO Reports are available to law enforcement Critical incidents resolved within 24 hrs 5 Address: 4555 E Kings Canyon Rd Visibility: Along busy Kings Canyon Rd Traffic Volume: 41,000 cars per day Proximity: 10 Minutes East of Downtown and under 10 minutes from the Airport Density: Over 300,000 people within 10-min drive LOCATION - Existing Conditions Zone: CMX Environmental: No known issues Immediate Neighborhood: 1-story general commercial and retail buildings Neighbors: Domino’s, McDonald’s, Burger King, Quick Stop Liquor Sensitive Uses:Roosevelt High School - 1,295 ftRena’s daycare - 3,050 sq ftCambridge High School - 3,255 ft Other Uses:Fresno Fair - ~2904 ft to main entranceElement 7 - ~3,920 ft Site Status:Existing Vacant Structure 6 LOCATION - Site Description Site Plan: 25 Parking spaces incl’ ADA Professional Landscaping Sidewalk for pedestrian traffic Conformity with surrounded Properties Fence or Mural w City Approval Floor Plan: Secure Entrance through Screening Lobby w ID Check Spacious Waiting and Retail Areas Separate Entrance from Vendor Lobby Management Office and NSF area Secure Product Storage Area Economic Excellence Award Yuma Way was honored with the Economic Excellence Award in 2021 by Saginaw Future’s inc in Saginaw, Michigan for its revitalization of blighted property. 7 BEFORE AFTER From Blighted to Brighted Yuma leadership has developed and revitalized properties across the country and does so under budget and ahead of schedule. We pride ourselves on beautifying and enhancing the neighborhoods in which we operate. LOCATION - Award-winning Approach to Rehabilitating Blighted Properties 8 Sq. Footage: 2,100 sq ft proposed building Exterior: New contemporary elevation with modern storefront and accents Parking: New stripping for the parking lot with 25 stalls including ADA Landscaping: Professional landscaping along Kings Canyon Rd Crime Prevention: Surveillance cameras and onsite security / CPTED design LOCATION - Proposed Improvements “The former Mariscos Las Islitas is closed off & Fenced [….]. It represents the blight that some of the area has experienced over the years.” -Melissa Mentalvo, Fresno Bee 9 NEIGHBORHOOD COMPATIBILITY - Nuisance Avoidance Odor: Floor Plan design with Odor-emitting activities in mind. State-of-the-art HVAC system ensuring no trace of odor. Prepackaged goods only. Quarterly reviews ensuring the highest standards. Mandatory Employee Training Noise & Light: Noise levels kept below the requisite exterior sound standards. The exterior of the store will be well-lit, and utilize energy efficient lighting. Traffic: Creation of new parking lot with ADA space and bike rack. Public transportation incentives for guests and employees. Waste: All waste products are secured in a locked bin under constant surveillance. Cannabis related waste will be rendered unusable and unrecognizable. Recalled products will remain in quarantine for at least 72 hours. 9 10 NEIGHBORHOOD COMPATIBILITY - Relationship Management Incident Log NeighborhoodCommittee Proactive Community Engagement Addressing Customer Complaints - Incident Log CommunityReinvestment Local Management Community Feedback 11 LABOR AND EMPLOYMENT PLAN - Commitment to Local Community 80% Employees - Local Fresno Residents 100% Employees - Local Fresno County Residents 60% Hiring Reserved for Social Equity Candidates 100% Commitment to Paying a Living Wage 25 New Jobs for Local Residents Local Employment Initiatives: Local Job Fairs Collaboration with Local Nonprofits Advertising locally Advertising in English and Spanish Job Training and Apprenticeship program Paid Continuing Education Courses Referral Program 12 SOCIAL POLICY AND LOCAL ENTERPRISE PLAN - Exceptional Staff Deserve Exceptional Benefits $250CyclingCredit PTOUnlimited After 3 Months 50%Public Transit Coverage 70 hrs+Training and Education 50% Health CareReimbursement Our Unique Path to Success Program: Entry Level Opportunities 60 Days Evaluations Contingent Promotions Additional Training Our Commitment to Employees: Competitive Wages Exceptional Benefits Career Growth Opportunities Local Community Involvement Labor Peace Agreement Paid Volunteer Time Path To Success Recruitment Program Components: Identifying hiring goals Implementing recruitment strategies Advertising to and attracting the right candidates Interviewing and hiring Talent retention Program review and re-evaluation SOCIAL POLICY AND LOCAL ENTERPRISE PLAN - Incubator / Accelerator Program Access to Vendor Resources Access to LegalInformation and Compliance Seed Funding/Supplies Marketing Recommendations Empowering Local Residents/ Social Equity Applicants Building Acquired by Yuma for Social Equity Businesses Colorado’s First Social Equity Forum Hosted by Yuma 13 Yuma Recognize as Social Equity All Star by the state of MichiganFirst Social Equity Accelerator Licensed by State of Colorado Local Business Partners: Darden Architects - Environmentally friendly local architecture firm. Fresno Arts Council - Artwork from local artists. San Joaquin Fire Protection Inc - Local Fire Company Specialized Printing and Promotions - Veteran owned business contacted for all stationary and design needs. Habitat for Humanity Restore - Source building materials and furnishings from local non-profit organization. 2% Community Impact Fund 400 hrs of Paid Employee Volunteer Fund $100,000+ Social Equity Business Development Community Involvement: Expungement Clinics Job Fairs and Job Training Public Health & Education Frontline Worker Support Discounts Support of Local Businesses COMMUNITY BENEFITS - Local Involvement Neighborhood Participation: Clean up of the area Charitable Event Patronage Food and Clothing Drives Discounts 14 Michael Kennedy Senior Vice President Retail California 7480 N. Palm Ave. Suite 101 Fresno, CA 93711 August 3, 2023 Fresno City Council 2600 Fresno St Fresno, CA 93721 Subject: Urgent Request for Approval of Cannabis Use at 4555 E. Kings Canyon Rd Dear Honorable Members of the Fresno City Council, I hope this letter finds you in good health and high spirits. I couldn’t be here in person today but felt it was important to express my sincere support for the proposed cannabis use at 4555 E Kings Canyon Blvd and to urge the council's approval of this vital project. I put this property on the market for sale on October 1, 2022, shortly after the previous Tenant vacated the building. When I first visited the property, it was in pretty good shape for a 40+ year old building that’s was operated as a Wendy’s, then various other restaurants. About a month later I went to the property again and saw significant graffiti and vandalism including a broken front window. When I went to open the door, I heard a dog barking inside. I went in and there was a vagrant running out the back door. Thankfully, he hadn’t been there long and there was no apparent damage in the building, on this instance. Over time, while marketing the property, with very little real interest from prospective buyers, I would go there to check things out and every time there was more vandalism and more graffiti. Let’s fast forward to the current buyer’s initial visit to the property to start their inspections, which occurred on or about February 8, 2023. I received a call from their agent saying they were canceling their inspections because of the condition of the property. I was not at the inspection but saw what they found later, which included: loose electrical wires, holes in the roof (caused by vagrants to enter the property), the ceiling torn apart, holes in the walls, and a ton of trash and debris throughout the building, none of which were present at any of my previous visits to the property. It was clear there were people living in the building again. Please keep in mind the building was alarmed and had a fence around it. Didn’t matter. The total cost to get the building as close to its previous condition as possible was about $50,000. Since the repairs were completed the owner of the property has had private security posted at the property from night fall to sunrise spending thousands of dollars per month to do so. The property located at 4555 E Kings Canyon Blvd has been a blight on this neighborhood since it was vacated and it’s clear it will only get worse. It has suffered from vandalism, and criminal activity for an extended period, resulting in a significant decline in the quality of life for residents in the surrounding neighborhood. These issues have not only cast a negative light on the area but have also created obstacles in our attempts to sell the property. Prospective buyers have been deterred by the high crime rate and the difficulty of controlling the site's security. However, the proposal to renovate this property by the current buyer presents a unique opportunity to transform the property from a burden to an asset. The implementation of a well-regulated cannabis establishment will not only bring a new sense of purpose to the site but also introduce essential measures for security and control. The introduction of twenty-four-hour surveillance and regular patrols will greatly enhance the safety of the neighborhood, helping to curtail criminal activity and restore the community's sense of security. Moreover, the establishment of a new, well-maintained building will contribute to the aesthetic improvement of the area. This positive change will extend beyond the property itself, enhancing the overall appeal of the neighborhood and ultimately leading to an increase in property values and hopefully encourage others to invest in other similar buildings nearby. The infusion of new life into this dilapidated property will benefit the entire community, fostering a sense of pride and ownership among residents. It is crucial to recognize the potential benefits that a properly managed cannabis establishment can bring to our neighborhood. This is an opportunity to revitalize a troubled property, rejuvenate the community, and contribute to the city's economic growth. The measures in place to ensure security and regulation should address any concerns related to the history of crime in the area. In conclusion, I earnestly urge the Fresno City Council to grant approval for the proposed cannabis use at 4555 E Kings Canyon Blvd. This decision has the potential to spark positive change, not only by transforming a blighted property but by uplifting the entire neighborhood. I trust that you will make the make the right choice for the future of our community. Thank you for your time and consideration. Sincerely, Michael Kennedy Senior Vice President Retail California CA DRE#01496337 Dr. David Kay Owner, West Coast Wound 3636 N First St. Suite 142 Fresno, CA 93726 Dkay@westcoastwound.com 559-825-1980 8/4/2023 Fresno City Council 2600 Fresno St Fresno, CA 93721 Subject: Support for Yuma Way CA LLC's Application for Opening a Cannabis Establishment at 4555 E Kings Canyon Rd, Fresno CA Dear Members of the Fresno City Council, I hope this letter finds you in good health and high spirits. I am writing to express my wholehearted support for Yuma Way CA LLC's application to open a cannabis establishment in Fresno. As the owner of a local business, West Coast Wound, and having known Jessica Reuven, the owner of Yuma Way CA LLC, for the past 7 years, I am confident that her company will be an invaluable addition to our community. Over the years, I have had the privilege of observing Jessica's dedication to professionalism and responsibility in her business ventures. Under her leadership, Yuma Way CA LLC is bound to act as a responsible corporate citizen and a true industry leader. What particularly impresses me is the company's unwavering commitment to the medicinal aspects of cannabis, their focus on cannabis education, and their pioneering efforts in microdosing techniques. This approach showcases their dedication to advancing the understanding and benefits of cannabis for therapeutic purposes. Furthermore, I am reassured by Yuma Way CA LLC's emphasis on preventing the diversion of cannabis to minors. Their proactive measures to ensure that their products remain out of the hands of underage individuals underscore their commitment to the welfare of our community's youth. This approach aligns perfectly with the values we hold dear in Fresno. Having interacted with Jessica on various occasions, I can attest to her being an involved and caring member of our community. Her passion for philanthropic endeavors is contagious, and I am confident that this passion will extend to improving the lives of Fresno residents. With Jessica at the helm, Yuma Way CA LLC will undoubtedly contribute positively to our local landscape. In conclusion, I firmly believe that allowing Yuma Way CA LLC to establish a cannabis establishment in Fresno will be a decision that enhances our community in numerous ways. Their dedication to medicinal applications, education, responsible practices, and community involvement sets an example that others in the industry can follow. I wholeheartedly urge the Fresno City Council to approve their application and we lcome Yuma Way CA LLC into our city with open arms. Thank you for your time and consideration. Sincerely, Dr. David Kay Owner, West Coast Wound City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1131 Agenda Date:8/10/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:PHILLIP SIEGRIST, Planning Manager Planning and Development Department BY:JOSE VALENZUELA, Supervising Planner Planning and Development Department SUBJECT Hearing to Consider Development Permit Application No. P22-01346 and related Environmental Assessment No. P22- 01346 pertaining to ±0.69 acres of property located on the northwest corner of East McKinley and South Fine Avenues (Council District 4) - Planning & Development Department. 1.CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and, 2.DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No. P22-01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022. City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 NEW FILE ID 23-1233 NO VOTE City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1161 Agenda Date:8/10/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning & Development Department SUBJECT Hearing to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources and adoption of findings necessary to support recommendation pursuant to FMC 12-1609 1. ***RESOLUTION - A Resolution of the City Council of the City of Fresno, California, designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street, Fresno California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto). RECOMMENDATION The Historic Preservation Commission recommends that the City Council adopt the attached Resolutions designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street (APN 46725501) to the Local Register of Historic Resources pursuant to Fresno Municipal Code 12-1607 and 12-1609. EXECUTIVE SUMMARY Consider a request submitted by Dr. David C. Marshall to designate the Fresno-Klette Medical Arts Center as a historic resource on the Fresno Local Register of Historic Resources based on its association with Dr. Earl Randolph Meyers. The resource was evaluated with respect to the historic resource criteria of the City of Fresno’s Historic Preservation Ordinance, Article 16 of Chapter 12 of the Fresno Municipal Code and was publicly noticed in the Fresno Bee as required by the Ordinance. The Historic Preservation Commission held a noticed public hearing on September 26, 2022 and concluded that the property was eligible for listing on the Local Register of Historic Resources under the criteria FMC 12-1607(a)(1)(i) and 12-1607(a)(1)(ii). The Commission hereby forwards the nominations to the City Council for consideration. BACKGROUND Historical Context Dr. Earl Randolph Meyers led a remarkable life which was exemplified in his work advancing medicine in historically underserved minority communities in West Fresno and beyond. The medical City of Fresno Printed on 8/14/2023Page 1 of 4 powered by Legistar™ 8/10/2023 NEW FILE ID 23-1252 CONTINUED TO AUGUST 24 MA/AP 7-0 File #:ID 23-1161 Agenda Date:8/10/2023 Agenda #: medicine in historically underserved minority communities in West Fresno and beyond.The medical complex located at 444 Fresno St.is an example of the dedication to ensuring equal access to medicine to predominantly Black patients. Prior to World War II,there was only one Black medical doctor in Fresno,Dr.Henry Wallace.Dr. Wallace was an inspiration to the young Earl Meyers when his mother was gravely ill.Due to Dr. Wallace’s influence,Meyers sought to pursue a career in medicine.He attended the Columbia School and matriculated to Edison High School.However,after learning that he needed to study Latin to attend medical school,Meyers sought a transfer to the predominantly white Fresno High School.After high school,Meyers attended Fresno State College until the onset of World War II at which point,he applied to attend Meharry Medical College in Nashville,Tennessee,one of only two medical schools in the nation accepting Black candidates.After completing his internship and residency, Dr. Meyer was recruited to return to Fresno by Dr. Henry Wallace who was retiring. During this post-war period,Dr.Meyers returned to Fresno in 1946-47 and practiced initially at 1246 F Street a building purchased by his father Louis Meyers.During the Korean War,Dr.Meyers left Fresno to enlist as a Captain in the U.S.Army.He returned to Fresno in 1951 and expanded his practice into a larger location at 1129 F St. In 1957,Dr.Meyers purchased the land at Klette and Fresno Streets to build a medical center dedicated to providing comprehensive medical care to Black and minority residents of West Fresno. He recruited other Black physicians,pharmacists,and medical specialists to his practice.Dr.Meyers hired David Horn of the professional firm of Horn &Mortland,Architects to design the complex.The buildings supported a total of four Black doctors, a pharmacy, an x-ray department, and a laboratory. The Fresno-Klette Medical Arts Center was highly successful,and Dr.Meyers went on to practice in Fresno for nearly two more decades until 1975.Dr.Meyers continued to provide medical services in underserved communities for the next three decades in California,Oregon,and Alaska.In Alaska,he assisted as a substitute physician in remote Aleutian Islands and in Native American reservations in Oregon and California. Dr. Meyers died October 1, 2014, at the age of 95. The five-building medical complex was designed by architect David Horn of Horn &Mortland who were nationally recognized for their design of the Sunshine School for the Cerebral Palsied in 1949 and 1952.They were considered to be an influential firm in not only public building design but in developing young architects of the period.Other local work of Horn &Mortland included:Fire House No.4,Fresno,1948;Sunshine School for the Cerebral Palsied,Fresno,1949 and 1952;Tuberculosis Hospital,Fresno,1953;Holland Elementary School,Fresno,1954;Pacific Employers Insurance Co. office, Fresno, 1956; and Fellowship Hall, St. Paul’s Methodist Church, Fresno 1956. Analysis The Fresno Municipal Code defines the designation criteria and process for historic resources in City of Fresno Printed on 8/14/2023Page 2 of 4 powered by Legistar™ File #:ID 23-1161 Agenda Date:8/10/2023 Agenda #: Sections 12-1607, 12-1608, and 12-1609. SEC. 12-1607. - DESIGNATION CRITERIA. (a)HISTORIC RESOURCES:Any building,structure,object,or site may be designated as an Historic Resource if it is found by the Commission and Council to meet the following criteria: (1)It has been in existence more than fifty years,and it possesses aspects of integrity to convey its significance based upon location,design,setting,materials, workmanship, feeling or association, and: (i)It is associated with events that have made a significant contribution to the broad patterns of our history; or (ii)It is associated with the lives of persons significant in our past; or (iii)It embodies the distinctive characteristics of a type,period,or method of construction,or represents the work of a master,or possesses high artistic values; or (iv)It has yielded or may be likely to yield,information important in prehistory or history. The property is not currently occupied and has deteriorated.However,it is still structurally sound and substantially intact in its original form and location.The construction is comprised of stucco,brick, and glass.Its style is consistent with the period including large low roof overhangs to provide shadow and an inner courtyard giving light to interior rooms.The buildings are connected through interior hallways and breezeways. As the first Black comprehensive medical complex in Fresno meets the criterion 12-1607(a)(1)(i)for its association with broad patterns of our history.Additionally,it meets the criterion 12-1607(a)(2)(ii) for its association with the life of Dr.Earl Randolph Meyers,a significant figure in Fresno’s history,in particular for his dedication to providing medical services to Black and minority communities. In accordance with Section 12-1609,the hearing was properly noticed through publication in the Fresno Bee on September 16,2022,ten days prior to the Historic Preservation Commission hearing. Additionally,all properties within 2,000 feet of the subject property were noticed by mail two weeks prior to the hearing. A Department of Parks and Recreation Primary Record Form (DPR 523A)was prepared in June 2023 and presented to the City in July 2023 by Karana Hattersley-Drayton,M.A.documenting the property condition and confirming the eligibility for the Local Register of Historic Resources. ENVIRONMENTAL FINDINGS Not a project pursuant to CEQA. City of Fresno Printed on 8/14/2023Page 3 of 4 powered by Legistar™ File #:ID 23-1161 Agenda Date:8/10/2023 Agenda #: LOCAL PREFERENCE n/a FISCAL IMPACT No fiscal impact. ATTACHMENTS: Exhibit A - Resolution Exhibit B - Designation Criteria for the Local Register of Historic Resources (FMC 12-1607) Exhibit C - Department of Parks and Recreation Forms - 444 Fresno St City of Fresno Printed on 8/14/2023Page 4 of 4 powered by Legistar™ 8/2/23, 8:56 PM Fresno, CA Code of Ordinances about:blank 1/2 (a) (1) (i) (ii) (iii) (iv) (2) (b) (1) (2) (3) (4) (5) (6) (c) SEC. 12-1607. - DESIGNATION CRITERIA. HISTORIC RESOURCES: Any building, structure, object or site may be designated as an Historic Resource if it is found by the Commission and Council to meet the following criteria: It has been in existence more than fifty years and it possesses aspects of integrity to convey its significance based upon location, design, setting, materials, workmanship, feeling or association, and: It is associated with events that have made a significant contribution to the broad patterns of our history; or It is associated with the lives of persons significant in our past; or It embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values; or It has yielded or may be likely to yield, information important in prehistory or history. It has been in existence less than fifty years, it meets the criteria of subdivision (1) of subsection (a) of this section and is of exceptional importance within the appropriate historical context, local, state or national. LOCAL HISTORIC DISTRICTS: Any finite group of resources (buildings, structures, objects or sites) may be designated as a Local Historic District if it meets the definition set forth in Section 12- 1602(s) of this article, its designation is consented to by the majority of the property owners within the Local Historic District, at least fifty percent of the resources within the proposed Local Historic District are fifty years of age or older, and it is found by the Commission and Council to meet one or more of the following criteria: It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural heritage, or It is identified with a person or group that contributed significantly to the culture and development of the city, or It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship, or Structures within the area exemplify a particular architectural style or way of life important to the city, or The area is related to a designated historic resource or district in such a way that its preservation is essential to the integrity of the designated resource or Local Historic District, or The area has potential for yielding information of archaeological interest. 8/2/23, 8:56 PM Fresno, CA Code of Ordinances about:blank 2/2 (d) (e) NATIONAL REGISTER HISTORIC DISTRICTS: The nomination of any finite group of resources (buildings, structures, objects or sites), including any Local Historic District, to the National Register of Historic Places as a National Register Historic District may be recommended under this article if it meets the definition set forth in Section 12-1602(u) of this article, meets the criteria set forth in subsection (a) of this section, and if the nomination is supported by more than fifty percent of the property owners within the proposed National Register Historic District. HERITAGE PROPERTIES: Any building, structure, object or site may be designated as a Heritage Property if it is found by the Commission to be worthy of preservation because of its historical, architectural or aesthetic merit. CONTRIBUTORS TO HISTORIC DISTRICTS: Any building, structure, object or site may be designated as Contributor to a Local Historic District or a proposed National Register Historic District if it contributes to the significance of the specific Historic District under the criteria set forth above in this section. (Added Ord. 99-50, §§ 1, 2, 9-9-99; Am. Ord. 2021-044 , § 3, eff. 11-22-21). Regular Council Meeting[--�:::-_:·-��--� August10,2023 FRESNO CITY COUN'Ct(. Supplement Packet ITEM(S) 10:25 A.M. (ID 23-1161) Hearing to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources and adoption of findings necessary to support recommendation pursuant to FMC 12-1609 1.***RESOLUTION - A Resolution of the City Council of the City of Fresno, California, designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street, Fresno California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor's veto). Contents of Supplement: Presentation Supplemental Information: Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(2). In addition, Supplemental Packets are available for public review at the City Council meeting in the City Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADA): The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting. Please call City Clerk's Office at 621-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, please see Security. Fresno-Klette Medical Arts Center - Nomination •Nomination submitted to Alicia Gonzales by Dr. David Marshall •Property owner authorization has been received •Extensive historical context provided City of Fresno Dr. Earl Randolph Meyers •Known as the “Father of Black Medicine” in West Fresno California History •Attended the Columbia School, Edison High School, Fresno High School and Fresno State College •Practiced medicine in West Fresno for nearly three decades from 1946 to 1975 •Planned and built a comprehensive medical center in 1957 at Fresno and Klette •Recruited other Black physicians, medical specialists and pharmacists to Fresno City of Fresno Dr. Earl Randolph Meyers City of Fresno Fresno-Klette Medical Arts Center •Dr Meyers sought out reknowned local architectural firm to design complex •Designed by David Horn of Horn & Mortland, also known for many civic buildings: –Sunshine School for the Cerebral Palsied (now Jefferson Elementary School) –Holland Elementary School –Fresno Tuberculosis Hospital –Fresno Fire House No. 4 City of Fresno 444 Fresno St North Elevation City of Fresno 444 Fresno St East Elevation City of Fresno 444 Fresno St City of Fresno Fresno- Klette Medical Arts Center - Eligibility HISTORIC RESOURCES: Any building, structure, object or site may be designated as an Historic Resource if it is found by the Commission and Council to meet the following criteria: (1) It has been in existence more than fifty years and it possesses aspects of integrity to convey its significance based upon location, design, setting, materials, workmanship, feeling or association, and: (i)It is associated with events that have made a significant contribution to the broad patterns of our history; or –Significance to the West Fresno Community (ii)It is associated with the lives of persons significant in our past; or –Association with Dr. Earl R. Meyers, "Fresno's Father of Black Medicine," (iii)It embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values; or –Example of the work of Horn & Mortland, whose firm played a significant role in the development of Mid-Century Modern architecture in Fresno –Although now vacant the building's integrity to its period of significance of 1959-1970 remains high. (iv) It has yielded or may be likely to yield, information important in prehistory or history. City of Fresno Historic Preservation Recommendation •Hearing on nomination came before the Historic Preservation Commission on September 26, 2022 •Noticed 2,000 feet •Commission unanimously voted in favor of recommending nomination to City Council City of Fresno Staff Recommendation The Historic Preservation Commission recommends that the City Council adopt the attached Resolutions designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street (APN 46725501) to the Local Register of Historic Resources pursuant to Fresno Municipal Code 12- 1607 and 12-1609. City of Fresno City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1216 Agenda Date:8/10/2023 Agenda #: 4.-A. REPORT TO THE CITY COUNCIL FROM:ANDREW JANZ, City Attorney Office of the City Attorney BY:ERICA CAMARENA, Chief Assistant City Attorney Office of the City Attorney SUBJECT Approve a Memorandum of Understanding between the City of Fresno and the California State Office of the Attorney General (OAG) to develop a Cannabis Administrative Prosecutor Program (CAPP). RECOMMENDATION It is recommended Council approve the attached Memorandum of Understanding (MOU) to authorize the City to integrate the resources of the OAG with the powers the City has, to undertake speedy and efficient enforcement actions against illegal land uses that constitute public nuisances. EXECUTIVE SUMMARY The OAG seeks to partner with the City to leverage the unique powers and tools the City has to enforce zoning ordinances, abate public nuisances, and provide resources to maximize the effectiveness of these enforcement tools. A CAPP can be implemented by entering an agreed upon MOU. BACKGROUND The OAG has long been concerned about the impacts of unlicensed commercial cannabis activity to California’s residents, environment, and those who endeavor to operate legally. The OAG believes this is a statewide problem that cannot be addressed by any one agency or through the adoption of a single enforcement strategy. For this reason, Attorney General, Rob Bonta, has authorized the implementation of the CAPP. Through CAPP, the OAG seeks to partner with the City to provide investigative and administrative prosecutorial resources to implement or expand already existing expedited administrative enforcement programs within the City, to specifically address illegal cannabis cultivation, manufacturing, distribution, and retail operations. The OAG’s staff will work with and on behalf of the City to undertake administrative enforcement to address unlicensed cannabis activity as a public nuisance and to recover the costs of enforcement. The OAG believes a joint effort between their Office and the City, based on the use of existing tools will create an opportunity to increase the scale and efficiency of our efforts to reduce and eliminate the illegal cannabis market. City of Fresno Printed on 8/14/2023Page 1 of 2 powered by Legistar™ 8/10/2023 NE/MA 7-0 File #:ID 23-1216 Agenda Date:8/10/2023 Agenda #: 4.-A. The program will seek to recover all costs of enforcement and abatement through voluntary settlements and abatement liens in accordance with local ordinances and procedures adopted under the authority of Government Code section 38773.5.As with any type of administrative enforcement action,the CAPP will seek to recover costs through settlement and stipulated agreements where the property owner voluntarily abates the nuisance or unpermitted cannabis activity on the property.As part of any settlement and order,the CAPP will seek to recover the fully weighted cost of staff time, mileage, contractors, expenses, and use of equipment incurred by the City and OAG. Where there is no settlement,the CAPP will seek to obtain an administrative order and abatement lien,which is considered super priority and takes first position over a first deed of trust mortgage providing security to recover enforcement costs.If a property owner does not pay the costs of enforcement within the timeframe specified in the applicable local ordinances,the enforcement costs will be added to the landowner’s property tax bill. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno FISCAL IMPACT There is no significant fiscal impact other than staff time. Attachments: City of Fresno - Office of the Attorney General: Memorandum of Understanding Power Point Presentation EMC:th City of Fresno Printed on 8/14/2023Page 2 of 2 powered by Legistar™ Cannabis Administrative Prosecutor Program (CAPP) Cannabis Control Section Cannabis Control Section •Comprised of attorneys and staff with extensive experience in administrative procedures and civil enforcement. •We work with state agencies (DCC, CDFW, SWRCB, CDTFA) •Coordination with EPIC What is CAPP? •AGO Program that creates partnerships with local jurisdictions. •Works with existing code enforcement to administratively prosecute violations. •Leverages the skill and experience of the Cannabis Control Section to establish more cost-effective enforcement procedures. •See, Government Code section 53069.4. •AB 1684 Why is CAPP Needed?•The scale of unlicensed commercial cannabis activity. •To support the use of available and effective tools for local jurisdictions. •To create a permanent infrastructure for a cost effective and sustained fight against illegal cannabis activity and the related environmental, social, and public health harms. Benefits of CAPP to Local Jurisdictions •Speed and scale of enforcement •Utilize State resources to maximize the use of local funds for enforcement actions •Contribute data to help the State stifle illegal large-scale cannabis businesses that are operating within multiple jurisdictions •Assistance to help bolster local jurisdiction’s zoning ordinances •Ability for Cost Recovery through Tax Liens and Voluntary Settlements How CAPP Works 1.Investigation/Conflict Check. 2.Post and Serve Notice of Violation, Citation, and Order to Show Cause. 3.Voluntary Abatement and Stipulated Administrative Order. 4.Due Process Hearing. 5.Abatement Warrant. 6. Seizure of tangible property. 7.Costs of Enforcement Tallied and Recorded As a Property Tax Lien. Cost Recovery •Example: An officer takes 10 hours and drives 100 miles to serve 10 sites, each citation would bear the cost of 1 hour in fully weighted officer time and pay the cost of mileage on 10 miles. •The hearing costs would be added to the lien. •NOTE: Only local jurisdictions that authorize the recovery of attorney fees by ordinance would recover prosecution costs. Implementation •CAPP may look different depending on the jurisdiction’s needs and available resources. •Through Memoranda of Understanding (MOUs) with the Attorney General’s Office, DAGs from the Cannabis Control Section will administratively prosecute violations for unpermitted cannabis activity. Questions? •If you would like to discuss anything further please reach out to: Justin Buller: Justin.Buller@doj.ca.gov Ethan Turner: Ethan.Turner@doj.ca.gov City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1177 Agenda Date:8/10/2023 Agenda #: 5.-A. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) TAT Fresno, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00234 City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 HELD-NO COMMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1178 Agenda Date:8/10/2023 Agenda #: 5.-B. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) HAVEN #20, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00238 City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 HELD-NO COMMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1152 Agenda Date:8/10/2023 Agenda #: 5.-C. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case name:1 Community Compact v. City of Fresno,Fresno Superior Court Case No. 23CECG02740 City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 HELD-NO COMMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1200 Agenda Date:8/10/2023 Agenda #: 5.-D. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Ellen Nelson v. City of Fresno, et al.; Fresno Superior Court Case No.: 21CECG02750 City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 HELD-NO COMMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1204 Agenda Date:8/10/2023 Agenda #: 5.-E. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): 1 potential case City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 HELD- NO COMMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1207 Agenda Date:8/10/2023 Agenda #:5.-F. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 HELD-NO COMMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1217 Agenda Date:8/10/2023 Agenda #: 5.-G. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 HELD-GB & LC RECUSED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1223 Agenda Date:8/10/2023 Agenda #: 5.-H. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 HELD- NO COMMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1182 Agenda Date:8/10/2023 Agenda #:5.-I. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957 (a): Discuss security of City Hall. City of Fresno Printed on 8/14/2023Page 1 of 1 powered by Legistar™ 8/10/2023 HELD-NO COMMENTS