AGENDA ITEM NO. 16.
SUMMERSET AVENUE
NORTH DEWITT AVENUE
NORTH PERRY AVENUE
NORTH MINNEWAWA AVENUE SUMMERSET AVENUE
NORTH OXFORD AVENUE WINDMILL AVENUE
NORTH HARVARD AVENUE
NORTH DARTMOUTH AVENUE WINDMILL AVENUE
NORTH CHERRY LANE 22 21 23 55 2,184 S.F. 54 2,184 S.F. 56 2,184 S.F. 195 4,230 S.F. 196 4,230 S.F. 189 4,198 S.F. 197 4,230 S.F. 190 4,230 S.F. 198 4,712 S.F. 191 4,230 S.F. 199 4,700 S.F. 192 4,230 S.F. 200 4,700 S.F. 193 4,230 S.F. 201 4,700 S.F. 194 4,230 S.F. 215 4,500 S.F. 214 4,500 S.F. 213 4,500 S.F. 212 4,500 S.F. 211 4,500 S.F. 210 4,500 S.F. 209 4,500 S.F. 216 5,494 S.F. 208 9,891 S.F. 219 4,500 S.F. 220 4,500 S.F. 221 4,500 S.F. 222 4,500 S.F. 223 4,500 S.F. 217 5,500 S.F. 218 4,500 S.F. 206 4,700 S.F. 207 9,510 S.F. 203 4,705 S.F. 204 4,700 S.F. 205 4,700 S.F. 228 4,230 S.F. 229 4,230 S.F. 230 4,230 S.F. 231 4,230 S.F. 232 4,230 S.F. 233 4,230 S.F. 234 4,230 S.F. 276 4,230 S.F. 275 4,230 S.F. 274 4,230 S.F. 273 4,230 S.F. 272 4,230 S.F. 277 4,595 S.F. 292 4,500 S.F. 291 4,500 S.F. 290 4,500 S.F. 289 4,500 S.F. 288 4,500 S.F. 287 4,500 S.F. 286 5,277 S.F. 293 4,894 S.F. 307 4,500 S.F. 294 4,500 S.F. 306 4,500 S.F. 295 4,500 S.F. 305 4,500 S.F. 296 4,500 S.F. 304 4,500 S.F. 297 4,500 S.F. 303 4,500 S.F. 298 4,500 S.F. 302 4,500 S.F. 299 4,500 S.F. 301 5,278 S.F. 300 5,278 S.F. 319 4,700 S.F. 318 4,886 S.F. 313 4,230 S.F. 308 4,595 S.F. 309 4,230 S.F. 310 4,230 S.F. 311 4,230 S.F. 312 4,230 S.F. 316 4,230 S.F. 314 4,230 S.F. 315 4,230 S.F. 320 9,979 S.F. 325 4,500 S.F. 326 4,500 S.F. 327 4,500 S.F. 328 4,500 S.F. 321 9,858 S.F. 322 4,500 S.F. 323 4,500 S.F. 324 4,500 S.F. 329 5,493 S.F. 351 4,500 S.F. 350 4,500 S.F. 349 4,500 S.F. 348 4,500 S.F. 347 4,500 S.F. 353 4,500 S.F. 352 4,500 S.F. 346 5,447 S.F. 354 9,867 S.F. 359 4,700 S.F. 358 4,700 S.F. 357 4,700 S.F. 356 4,700 S.F. 355 10,067 S.F. 360 9,979 S.F. 365 4,500 S.F. 366 4,500 S.F. 367 4,500 S.F. 368 4,500 S.F. 361 9,876 S.F. 362 4,500 S.F. 363 4,498 S.F. 364 4,500 S.F. 369 5,458 S.F. 336 4,500 S.F. 339 4,500 S.F. 335 4,500 S.F. 340 4,500 S.F. 334 4,500 S.F. 341 4,500 S.F. 333 4,500 S.F. 342 4,500 S.F. 332 4,500 S.F. 343 4,500 S.F. 331 4,500 S.F. 344 4,500 S.F. 330 5,281 S.F. 345 5,282 S.F. 338 4,892 S.F. 337 4,893 S.F. 376 4,500 S.F. 375 4,500 S.F. 374 4,500 S.F. 373 4,500 S.F. 372 4,500 S.F. 371 4,500 S.F. 381 4,500 S.F. 383 4,500 S.F. 379 4,500 S.F. 380 4,500 S.F. 377 5,285 S.F. 378 5,284 S.F. 385 4,893 S.F. 370 4,892 S.F. 384 4,500 S.F. 382 4,500 S.F. OUTLOT G 9,788 S.F. 317 4,230 S.F. 4 2,234 S.F. 3 2,234 S.F. 2 2,234 S.F. 1 2,514 S.F. 52 2,458 S.F. 49 2,184 S.F. 50 2,184 S.F. 51 2,184 S.F. 53 2,458 S.F. 13 2,185 S.F. 16 2,183 S.F. 14 2,620 S.F. 15 2,620 S.F. 25 2,184 S.F. 28 2,184 S.F. 27 2,620 S.F. 26 2,620 S.F. 37 2,184 S.F. 40 2,184 S.F. 39 2,620 S.F. 38 2,620 S.F. 99 2,204 S.F. 100 97 2,480 S.F. 98 2,204 S.F. 65 2,184 S.F. 68 2,184 S.F. 67 2,620 S.F. 66 2,620 S.F. 80 2,184 S.F. 77 2,184 S.F. 78 2,620 S.F. 79 2,620 S.F. 92 2,184 S.F. 89 2,184 S.F. 90 2,620 S.F. 91 2,620 S.F. 227 4,230 S.F. 224 4,500 S.F. 226 10,067 S.F. 225 9,863 S.F. OUTLOT A 64,314 S.F. OUTLOT C 64,313 S.F. 202 4,700 S.F. SEE SHEET 2 SEE SHEET 3 HEIRLOOM LANE HEIRLOOM LANE SEE SHEET 5 PROJECT TITLE SHEET DESCRIPTION Y&H No. Dr. By: Ch. By: Date: Sheet No. of Sheets Plot By: Alec Sandoval Plot Date: 10/14/2024 File Location: F:\2021\21-156\dwg\Maps\Tentative Map\21-156_TTM_SHT 4.dwg 2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727 TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Project No. APPROVALSAPPROVED (INITIALS) REVISIONS DATE APPROVED CITY OF CLOVIS CONSTRUCTION MANAGEMENT FEE ADMINISTRATION DEVELOPMENT REVIEW STREETS PARKS SOLID WASTE UTILITIES CR 4 6 TRACT NO. 6375 MINNEWAWA & SHEPHERD RESIDENTIAL BB 8/8/2023 21-156 Fire Hydrant Markings LEGEND Page 3 of 4 2506 AGENDA ITEM NO. 16.
SUMMERSET AVENUE
NORTH DEWITT AVENUE
NORTH PERRY AVENUE
NORTH WALKER AVENUE WINDMILL AVENUE
NORTH RALPH AVENUE
CLOVIS AVENUE WINDMILL AVENUE 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 23 REMAINDER 5,031 S.F. OUTLOT J 53,420 S.F. 219 4,500 S.F. 220 4,500 S.F. 221 4,500 S.F. 222 4,500 S.F. 223 4,500 S.F. 217 5,500 S.F. 218 4,500 S.F. 228 4,230 S.F. 229 4,230 S.F. 230 4,230 S.F. 231 4,230 S.F. 232 4,230 S.F. 233 4,230 S.F. 234 4,230 S.F. 235 4,230 S.F. 249 6,091 S.F. 240 4,500 S.F. 244 5,495 S.F. 245 5,492 S.F. 243 4,500 S.F. 246 4,500 S.F. 242 4,500 S.F. 247 4,500 S.F. 241 4,500 S.F. 248 4,566 S.F. 238 4,500 S.F. 250 9,448 S.F. 237 5,724 S.F. 239 4,500 S.F. 251 7,501 S.F. 253 4,500 S.F. 254 5,483 S.F. 255 6,944 S.F. 256 13,360 S.F. 252 4,500 S.F. OUTLOT I 265 4,230 S.F. 276 4,230 S.F. 275 4,230 S.F. 274 4,230 S.F. 273 4,230 S.F. 272 4,230 S.F. 271 4,230 S.F. 270 4,230 S.F. 269 4,230 S.F. 268 4,230 S.F. 267 4,230 S.F. 266 4,230 S.F. 259 4,230 S.F. 264 4,230 S.F. 263 4,230 S.F. 262 4,230 S.F. 261 4,230 S.F. 260 4,230 S.F. 257 277 17,087 S.F. 4,595 S.F. 258 5,592 S.F. 292 4,500 S.F. 291 4,500 S.F. 290 4,500 S.F. 289 4,500 S.F. 288 4,500 S.F. 287 4,500 S.F. 286 5,277 S.F. 293 4,894 S.F. 284 4,500 S.F. 278 4,893 S.F. 279 4,500 S.F. 280 4,500 S.F. 281 4,500 S.F. 282 4,500 S.F. 283 4,500 S.F. 285 5,277 S.F. 307 4,500 S.F. 294 4,500 S.F. 306 4,500 S.F. 295 4,500 S.F. 305 4,500 S.F. 296 4,500 S.F. 304 4,500 S.F. 297 4,500 S.F. 303 4,500 S.F. 298 4,500 S.F. 302 4,500 S.F. 299 4,500 S.F. 301 5,278 S.F. 300 5,278 S.F. 308 4,595 S.F. 309 4,230 S.F. 310 4,230 S.F. 311 4,230 S.F. OUTLOT G 9,788 S.F. 99 2,204 S.F. 100 97 2,480 S.F. 98 2,204 S.F. 92 2,184 S.F. 91 2,620 S.F. 236 3,973 S.F. OUTLOT H 227 4,230 S.F. 224 4,500 S.F. 226 10,067 S.F. 225 9,863 S.F. 387 223,441 S.F. 386 17,281 S.F. BARON AVENUE CLOVIS AVENUE NORTH DEWITT AVENUE PROJECT TITLE SHEET DESCRIPTION Y&H No. Dr. By: Ch. By: Date: Sheet No. of Sheets Plot By: Alec Sandoval Plot Date: 10/14/2024 File Location: F:\2021\21-156\dwg\Maps\Tentative Map\21-156_TTM_SHT 5.dwg 2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727 TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Project No. APPROVALSAPPROVED (INITIALS) REVISIONS DATE APPROVED CITY OF CLOVIS CONSTRUCTION MANAGEMENT FEE ADMINISTRATION DEVELOPMENT REVIEW STREETS PARKS SOLID WASTE UTILITIES CR 5 6 TRACT NO. 6375 MINNEWAWA & SHEPHERD RESIDENTIAL BB 8/8/2023 21-156 SEE SHEET 3 SEE SHEET 2 Fire Hydrant Markings
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AGENDA ITEM NO. 16.
County of Fresno
DEPARTMENT OF PUBLIC HEALTH
Environmental Health Division
Promotion, preservation and protection of the community’s health 1221 Fulton Street /P. O. Box 11867, Fresno, CA 93775
(559) 600-3357 • FAX (559) 455-4646
The County of Fresno is an Equal Employment Opportunity Employer www.co.fresno.ca.us • www.fcdph.org
September 24, 2024
LU0021631
2604
Liz Salazar, Assistant Planner
City of Clovis
Planning and Development Services Department
1033 Fifth Street
Clovis, CA 93612
Dear Ms. Salazar:
PROJECT NUMBER: RO310, R2024-005, PDP2024-001, TM6375
RO310; a resolution of application for the annexation of approximately 193.02 acres into the City of Clovis. R2024-005; A request to prezone approximately 193.02 acres from Fresno County AE-20 to Clovis R-1 and R-1-MD Zone Districts. PDP2024-001; A planned development permit request for a 387-lot single-family planned residential development for land located north of Shepherd Avenue, between Minnewawa and Clovis Avenues. TM6375; A request to approve a vesting tentative tract map for a 387-lot single-family planned residential development.
APN: Multiple ZONING: AE-20 to R-1-PRD
ADDRESS: N. of Shepherd btw Minnewawa & Clovis Avenues
Recommended Conditions of Approval:
Construction permits for 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 development should be subject to assurance that the City of Clovis 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 the Fresno County Ordinance Code the City’s municipal code. As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.
Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.
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AGENDA ITEM NO. 16.
Liz Salazar
RO310, R2024-005, PDP2024-001, TM6375
September 24, 2024
2 The following comments pertain to the demolition of any existing structure(s):
Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structure(s) 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 these structures, then prior to demolition work the contractor should contact the following agencies for current regulations and requirements:
California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (510) 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.
REVIEWED BY:
Kevin Tsuda, R.E.H.S.
Environmental Health Specialist II (559) 600-33271
KT
cc: Deep Sidhu- Environmental Health Division (CT. 55.25) Jeff Callaway- Applicant ([email protected])
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AGENDA ITEM NO. 16.
DEVELOPMENT SERVICES AND CAPITAL PROJECTS DIVISION
2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 600-4497 / 600-4022 / 600-4545 / FAX 600-4200 The County of Fresno is an Equal Employment Opportunity Employer
DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
October 8, 2024
Liz Salazar, Assistant Planner
City of Clovis Planning and Development Services
1033 Fifth Street Clovis, CA 93612
SUBJECT: City of Clovis TM6375, R2024-005, PDP2024-001, and RO310- 387-lot singlefamily planned residential development.
Dear Ms. Salazar,
The County of Fresno appreciates the opportunity to review and comment on the subject project being reviewed by the City of Clovis. The proposed 387-lot single-family planned residential development on land north of Shepherd Avenue, between Minnewawa and Clovis Avenues.
The documents received for this review were circulated to our various Fresno County Public Works and Planning divisions. See comments below.
Fresno County Policy Planning:
Williamson Act:
Parcel identified as APN 556-030-17S and APN 556-040-05s on the Assessor's map is considered one legal parcel and is 17.81-acres in size. A notice of contract non-renewal was recorded on a 5.30-acre portion of the 17.81-acre parcel known as APN 556-040-05S on July 16, 2007, and the contract on that portion the parcel expired in in 2017 (Document Number 07- 0136149.) The balance of the 17.81-acre parcel known as APN 556-030-17S and is 12.51 acres, is currently enrolled in the Williamson Act Program under Contract No. AP 4826.
A Notice of Nonrenewal was recorded on the 12.51-acre balance on April 29, 2022, as Document No. 22-0056293 and the contract on the 12.51-acres will expire on the last day of December 2031 Prior to any development on this 12.51 acres known as APN 556-030-17S, the contract nonrenewal must either expire which is the last day of December 2031, or a Cancellation Petition must be filed, processed, and approved by the governing body having jurisdiction over the subject parcel.
The subject parcel will be removed from the Williamson Act program if the governing body approves the cancellation petition, and a Certificate of Cancellation is approved and recorded at the Fresno County Recorder's Office.
Fresno County Transportation Planning:
This project will impact county facilities and should require a TIS, please include the county in all future routings best point of contact is [email protected]. Using ITE trip Generation Manual (11th Edition) trips are calculated to be over the county's threshold.
County of Fresno County of Fresno
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AGENDA ITEM NO. 16.
City of Clovis
2 The county would Like the request the following intersections be included in the traffic impact study:
• The intersection of Behymer Avenue and Minnewawa Avenue • Behymer Avenue, from Peach Avenue to Minnewawa Avenue • The newly constructed segment of Peach Avenue adjacent to the subject site • The segment of Minnewawa Avenue adjacent to the subject site The entire right-of-way of the following street segments and intersection should be incorporated into the City of Clovis as part of the annexation process:
• The intersection of Behymer Avenue and Minnewawa Avenue • Behymer Avenue, adjacent to the annexation area
• Shepherd Avenue from Peach Avenue to the east boundary of the annexation area Fresno County Road Maintenance and Operations Division:
Pending receipt of Road Maintenance and Operations comment.
Minnewawa Avenue is a county-maintained road classified as a collector road with an existing 60’ total road right-of-way, 30’ east of section line fronting the subject parcel. Ultimate right-ofway is 84’ per the Fresno County General Plan. Minnewawa Ave has a total pavement width of
32.2’, an AADT of 5600 VPD, and a PCI of 100. Roadway is in good condition.
Mason is not a county-maintained road, but it does have a 20’ right-of-way for a distance east of Minnewawa.
RMO Comments:
1) City of Clovis should be required to annex the full road right-of-way of Minnewawa Ave and any roads along parcel frontage.
2) Road Maintenance and Operations requests to be included in any traffic impact studies performed as part of this project.
3) The right of way along Mason should be vacated if not annexed or not used for road purposes.
Sincerely,
Arianna Brown
Arianna Brown, Planner -- Development Services and Capital Projects Division G:\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\OAR\City of Clovis\RO310, R2024-005, PDP 2024-001, and TM 6375\RO310, R2024-005, PDP 2024-001 and TM 6375City of Clovis- RESPONSE LETTER.docx 2527
AGENDA ITEM NO. 16.
October 8, 2024
Liz Salazar
City of Clovis
Planning and Development Services
1033 Fifth St
Clovis, CA 93612
Project: Planning Application for RO310, R2024-005, TM6375, PDP2024-001 District CEQA Reference No: 20241058
Dear Ms. Salazar
The San Joaquin Valley Air Pollution Control District (District) has reviewed the Planning Application (PA) from the City of Clovis (City) for the projects listed above. Per the PA, the project consists of the development of 387 single-family residential lots and the annexation of 193.02 acres into the City of Clovis (Project). The Project is located north of Shepherd Ave between Minnewawa Ave and Clovis Ave, in Clovis, CA.
The District offers the following comments at this time 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, and PM2.5 standards.
The District’s initial review of the Project concludes that emissions resulting from construction and/or operation of the Project may exceed any of the following significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts: https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.
The District recommends that a more detailed preliminary review of the Project be conducted for the Project’s construction and operational emissions. 2528
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San Joaquin Valley Air Pollution Control District Page 2 of 9 District Reference No: 20241058
October 8, 2024
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.
Operational Emissions
Operational (ongoing) air emissions from mobile sources and stationary sources should be analyzed separately. For reference, the District’s significance thresholds are identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts:
https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.
Recommended Mitigation Measure: At a minimum, project related impacts on air quality should be reduced to levels below the District’s significance thresholds through incorporation of design elements such as the use of cleaner Heavy Heavy-Duty (HHD) trucks and vehicles, measures that reduce Vehicle Miles Traveled (VMTs), and measures that increase energy efficiency. More information on transportation mitigation measures can be found at:
https://ww2.valleyair.org/media/ob0pweru/clean-air-measures.pdf Recommended Model for Quantifying Air Emissions
Project-related criteria pollutant emissions from construction and operational sources should be identified and quantified. Emissions analysis should be performed using the California Emission Estimator Model (CalEEMod), which uses the most recent CARB-approved version of relevant emissions models and emission factors. CalEEMod is available to the public and can be downloaded from the CalEEMod website at: www.caleemod.com.
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.
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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. Please contact the District for assistance with performing a Prioritization analysis.
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.
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.
A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the health impacts would exceed the District’s established risk thresholds, which can be found here:
https://ww2.valleyair.org/permitting/ceqa/.
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.
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San Joaquin Valley Air Pollution Control District Page 4 of 9 District Reference No: 20241058
October 8, 2024
For assistance, please contact the District’s Technical Services Department by:
• E-Mailing inquiries to: [email protected]
• 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 to prevent the creation of a significant health risk in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww2.arb.ca.gov/our-work/programs/resource-center/strategydevelopment/land-use-resources.
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 AAQA uses air dispersion modeling to determine if emission increase from a project will cause or contribute to a violation of State or National Ambien Air Quality Standards. An acceptable analysis would include emissions from both projectspecific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.
Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website:
https://ww2.valleyair.org/permitting/ceqa/.
Voluntary Emission Reduction Agreement
Criteria pollutant emissions may result in emissions exceeding the District’s significance thresholds, potentially resulting in a significant impact on air quality.
When a project is expected to have a significant impact, the District recommends the environmental review also include a discussion on the feasibility of implementing a Voluntary Emission Reduction Agreement (VERA) for this Project.
A VERA is a mitigation measure by which the project proponent provides pound-forpound mitigation of emissions increases through a process that develops, funds, and implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District’s incentives programs. 2531
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San Joaquin Valley Air Pollution Control District Page 5 of 9 District Reference No: 20241058
October 8, 2024
The funds are disbursed by the District in the form of grants for projects that achieve emission reductions. Thus, project-related impacts on air quality can be mitigated.
Types of emission reduction projects that have been funded in the past include electrification of stationary internal combustion engines (such as agricultural irrigation pumps), replacing old heavy-duty trucks with new, cleaner, more efficient heavy-duty trucks, and replacement of agricultural equipment with the latest generation technologies.
In implementing a VERA, the District verifies the actual emission reductions that have been achieved as a result of completed grant contracts, monitors the emission reduction projects, and ensures the enforceability of achieved reductions. After the project is mitigated, the District certifies to the Lead Agency that the mitigation is completed, providing the Lead Agency with an enforceable mitigation measure demonstrating that project-related emissions have been mitigated. To assist the Lead Agency and project proponent in ensuring that the environmental document is compliant with CEQA, the District recommends the environmental document includes an assessment of the feasibility of implementing a VERA.
Vegetative Barriers and Urban Greening
There are residential units located near 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 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 residential development, gas-powered residential 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 2532
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funding can be found at: https://ww2.valleyair.org/grants/clean-green-yardmachines-residential/ On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon 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.
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: https://ww2.valleyair.org/rules-and-planning/current-district-rulesand-regulations. 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).
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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 Project is subject to District Rule 9510 because it will receive a projectlevel discretionary approval from a public agency and will equal or exceed 50 residential units.
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. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510 so that proper mitigation and clean air design under ISR can be incorporated into the Project’s design. One AIA application should be submitted for the entire Project.
Information about how to comply with District Rule 9510 can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview The AIA application form can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview/formsand-applications/ District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at [email protected].
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District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at: https://ww2.valleyair.org/compliance/demolitionrenovation/ District Rule 4601 (Architectural Coatings)
The Project may 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.
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:
https://ww2.valleyair.org/media/tkgjeusd/rule-4601.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://ww2.valleyair.org/media/fm3jrbsq/dcp-form.docx 2535
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Information about District Regulation VIII can be found online at:
https://ww2.valleyair.org/dustcontrol
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:
https://ww2.valleyair.org/compliance/residential-wood-smoke-reductionprogram/ 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 Ryan Grossman by e-mail at [email protected] or by phone at (559) 230-6569.
Sincerely,
Tom Jordan
Director of Policy and Government Affairs
Mark Montelongo
Program Manager
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AGENDA ITEM NO. 16.
State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Central Region
1234 East Shaw Avenue
Fresno, California 93710
(559) 243-4005
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
October 8, 2024
Liz Salazar, Assistant Planner
City of Clovis, Planning Department
1033 Fifth Street
Clovis, California 93612
(559) 324-2305
[email protected]
Subject: Lennar Homes of California, Inc. Project (Project) TTM 6375, Early Consultation (CON)
Dear Liz Salazar:
The California Department of Fish and Wildlife (CDFW) received an Early Consultation (CON) request from the City of Clovis for the above-referenced Project pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines.1 Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.
Likewise, CDFW appreciates the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under Fish and Game Code.
CDFW ROLE
CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statue for all the people of the State (Fish and Game Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a)). CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on
1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000.
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City of Clovis
October 8, 2024
projects and related activities that have the potential to adversely affect fish and wildlife resources.
CDFW is also submitting comments as a Responsible Agency under CEQA (Pub.
Resources Code, § 21069; CEQA Guidelines, § 15381). CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW’s lake and streambed alteration regulatory authority (Fish and Game Code, § 1600 et seq.). Likewise, to the extent implementation of the Project as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), related authorization as provided by the Fish and Game Code may be required.
Nesting Birds: CDFW has jurisdiction over actions with potential to result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Fish and Game Code sections that protect birds, their eggs and nests include, sections 3503 (regarding unlawful take, possession or needless destruction of the nest or eggs of any bird), 3503.5 (regarding the take, possession or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird).
PROJECT DESCRIPTION SUMMARY
Proponent: Jeff Callaway
Objective: Lennar Homes is proposing a single-family development Project consisting of 369 homes in Heritage Grove, in the City of Clovis. The Project contains four parcels with a total of approximately 58.91-acres, and is consistent with the City of Clovis General Plan land use. The northern portion of the development will total 167 homes, and will be non-gated with a park. The southern portion will total 202 homes, and will be gated with private open space. There will be common area amenities including a park, pool, restrooms, seating areas for the residences of the gated community, and alley loaded and connected by paseo (shops, restaurants, etc.) areas.
Location: The Project Site is located north of East Shepherd Ave., between North Minnewawa and North Clovis Avenues. on Assessor’s Parcel Numbers (APNs) 556-030- 10S, 556-030-12S, 556-050-01, and 556-050-35S.
COMMENTS AND RECOMMENDATIONS
CDFW offers the following comments and recommendations to assist the City of Clovis in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources.
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City of Clovis
October 8, 2024
Editorial comments or other suggestions may also be included to improve the CEQA document.
The Project Site contains an orchard and had previously contained rural residential homes and fallowed lands but were graded and disturbed in 2023 per Google Streetview and historical imagery information. Most of the trees have been removed aside from a few large eucalyptus trees on the southwest corner of the parcel that may contain potential nesting habitat for birds and raptors as well as scattered trees on the parcel just north of the Project Site. Orchards are present to the west, southwest, and northwest of the Project Site across North Minnewawa Ave.
The area adjacent to the east of the Enterprise Canal (just outside of Project limits) shows a large area that is completely disturbed and appears to be in the process of constructing an additional housing development. Also, per aerial imagery, there is a new residential neighborhood in construction immediately east and southeast of the proposed Project Site. The earth-lined Enterprise Canal is present in the very northeast portion of the Project Site.
There is the potential that special-status species may be present at the Project Site.
These resources may need to be evaluated and addressed prior to any approvals that would allow ground-disturbing activities or land use changes. CDFW is concerned regarding potential impacts to special-status species including, but not limited to the State threatened (ST) Swainson’s hawk (Buteo swainsoni), the ST and federally endangered (FE) California tiger salamander (Ambystoma californiense), the State candidate endangered (SCE) Crotch’s bumble bee (Bombus crotchii), and the State Species of Special Concern (SSC) burrowing owl (Athene cunicularia).
In order to adequately assess potential impacts to biological resources, a qualified biologist should perform database and other research of the Project Site, then conduct focused habitat assessments and/or focused biological surveys during the appropriate survey period(s) in order to determine whether any special-status species may be present within the Project Site. CDFW recommends this initial work be documented and used to inform further efforts that may be needed thereafter including the need for additional protocol surveys; and the development of avoidance, minimization, and mitigation measures. This information and analysis should also be used to consider the development of modified or new Project alternatives to avoid and minimize potentially significant environmental impacts on the biological environment. This information is critical to make an informed decision during the CEQA process and to ensure Project compliance with CESA, Fish and Game code, and other applicable State and federal laws and regulations.
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City of Clovis
October 8, 2024
Swainson’s hawk
After review of the provided documents, aerial imagery of the Project Site, and a review of the California Natural Diversity Database (CNDDB) records of the surrounding area, the Project Site and surrounding area contains both viable nesting trees and foraging habitat for Swainson’s hawk (SWHA). As such, CDFW recommends the following:
Recommended Mitigation Measure 1: SWHA Surveys Prior to Construction Depending on the time between the previously recommended habitat assessment and Project construction, CDFW recommends that additional surveys, following the survey methodology developed by the SWHA Technical Advisory Committee (SWHA TAC 2000), be repeated the survey season immediately prior to construction.
Recommended Mitigation Measure 2: SWHA Avoidance Buffer If Project-specific activities will take place during the SWHA nesting season (i.e., March 1 through September 15), and active SWHA nests are present, CDFW recommends a minimum ½-mile no-disturbance buffer be delineated and maintained around each nest, regardless of whether it was detected by surveys or observed incidentally. These buffers would remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival, to prevent nest abandonment and other take of SWHA as a result of Project activities.
Recommended Mitigation Measure 3: SWHA Take Authorization CDFW also recommends that in the event an active SWHA nest is detected, and a ½-mile no-disturbance buffer is not feasible, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of a State Incidental Take Permit (ITP), pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA.
California tiger salamander
The Project Site is within the range of California tiger salamander (CTS) and the species has been documented within the vicinity of the Project (CDFW 2024a). CTS are known to breed and develop in vernal and seasonal pools and stock ponds in grassland habitat types and have been determined to be physiologically capable of dispersing up to approximately 1.5 miles from these habitats. As CTS have been documented in the Project vicinity, and have the potential to utilize the habitat within the Project Site, CDFW recommends the following:
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October 8, 2024
Recommended Mitigation Measure 4: Focused CTS Protocol-level Surveys CDFW recommends that a qualified biologist conduct protocol-level surveys in accordance with the USFWS “Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander” (USFWS 2003) at the appropriate time of year to determine the existence and extent of CTS breeding and refugia habitat. The protocol-level surveys for CTS require more than one survey season and are dependent upon sufficient rainfall to complete. As a result, consultation with CDFW and the USFWS is recommended well in advance of beginning the surveys and prior to any planned vegetation- or ground-disturbing activities. CDFW advises that the protocol-level survey include a 100-foot buffer around the Project Site in all areas of wetland and upland habitat that could support CTS. Please be advised that protocol-level survey results are viable for two years after the results are reviewed by CDFW.
Recommended Mitigation Measure 5: CTS Avoidance
If CTS protocol-level surveys are not conducted, CDFW advises that a minimum 50- foot no-disturbance buffer be delineated around all small mammal burrows in suitable upland refugia habitat within and/or adjacent to the Project Site. Further, CDFW recommends potential or known breeding habitat within and/or adjacent to the Project site be delineated with a minimum 250-foot no-disturbance buffer. Both upland burrow and wetland breeding no-disturbance buffers are intended to minimize impacts to CTS habitat and avoid take of individuals. Alternatively, the applicant can assume presence of CTS within the Project Site and obtain from CDFW a State ITP in accordance with Fish and Game Code section 2081(b).
Recommended Mitigation Measure 6: CTS Take Authorization If through surveys it is determined that CTS are occupying or have the potential to occupy the Project Site, consultation with CDFW is warranted to determine if the Project can avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA. As stated above, in the absence of protocol surveys, the applicant can assume presence of CTS within the Project site and obtain an ITP from CDFW.
Crotch’s bumble bee
The Project Site is within the range of Crotch’s bumblebee (CBB) and historical occurrences have been documented within the Project vicinity. CBB are known to inhabit areas of grasslands and scrub that contain requisite habitat elements for nesting, Docusign Envelope ID: A2E95575-01A3-4094-A2F9-2A1F662AFFB4 2541
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City of Clovis
October 8, 2024
such as small mammal burrows and bunch/thatched grasses, and these habitat elements appear to be present within the Project Site. As such, CDFW recommends the following:
Recommended Mitigation Measure 7: CBB Habitat Assessment CDFW recommends a qualified biologist conduct a habitat assessment to determine if the Project Site and the surrounding vicinity contain habitat suitable to support CBB. Potential nesting sites, which include all small mammal burrows, perennial bunch grasses, thatched annual grasses, brush piles, old bird nests, dead trees, and hollow logs would need to be documented as part of the assessment.
Recommended Mitigation Measure 8: CBB Surveys
If potentially suitable habitat is identified, CDFW recommends that a qualified biologist conduct focused surveys for CBB, and their requisite habitat features following the methodology outlined in the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2024b). Xerces Society for Invertebrate Conservation, 2018.
Recommended Mitigation Measure 9: CBB Avoidance
If CBB is detected, then CDFW recommends that all small mammal burrows and thatched/bunch grasses be avoided by a minimum of 50 feet to avoid take and potentially significant impacts. If ground-disturbing activities will occur during the overwintering period (October through February), consultation with CDFW is warranted to discuss how to implement Project activities and avoid take. Any detection of CBB prior to or during Project implementation warrants consultation with CDFW to discuss how to avoid take.
Recommended Mitigation Measure 10: CBB Take Authorization If take cannot be avoided, CDFW recommends acquiring an ITP pursuant to Fish and Game Code Section 2081(b), prior to initiating ground-disturbing activities.
Burrowing owl
The Project Site is within the historic range of burrowing owl (BUOW), and since the species is known to occupy grassland and agricultural habitats, there is the potential for BUOW within the vicinity of the Project Site.
As BUOW have the potential to nest and/or forage within the Project Site, CDFW recommends the following:
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Recommended Mitigation Measure 11: BUOW Surveys Prior to Construction CDFW recommends that surveys, following the “Burrowing Owl Survey Protocol and Mitigation Guidelines” (CBOC 1993) and CDFW’s “Staff Report on Burrowing Owl Mitigation” (CDFG 2012) be conducted the survey season immediately prior to construction.
Recommended Mitigation Measure 12: BUOW Avoidance Buffer Should a BUOW be detected, CDFW recommends that no-disturbance buffers, as outlined in the “Staff Report on Burrowing Owl Mitigation” (CDFG 2012), be implemented prior to and during any ground-disturbing activities. Specifically, CDFW’s Staff Report recommends that impacts to occupied burrows be avoided in accordance with the following table unless a qualified biologist approved by CDFW verifies through non-invasive methods that either: 1) the birds have not begun egg laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival.
Recommended Mitigation Measure 13: BUOW Consultation
If BUOW are found within these recommended buffers and avoidance is not possible, consultation with the CDFW is recommended for guidance on the development of mitigation measures such as take avoidance, minimization, and mitigation.
Editorial Comments and/or Suggestions
Nesting Birds
CDFW encourages that Project construction occur during the bird non-nesting season; however, if ground-disturbing or vegetation-disturbing activities must occur during the breeding season (February 1 through September 15), the Project applicant is responsible for ensuring that construction of the Project does not result in violation of the Migratory Bird Treaty Act or relevant Fish and Game Code.
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City of Clovis
October 8, 2024
To evaluate Project-related impacts on nesting birds, CDFW recommends that a qualified biologist conduct pre-activity surveys for active nests, no more than 10 days prior to the start of ground or vegetation disturbance to maximize the probability that nests that could potentially be impacted are detected. CDFW also recommends that surveys cover a sufficient area around the Project Site to identify nests and determine their status. A sufficient area means any area potentially affected, either directly or indirectly, by the Project. In addition to direct impacts (i.e., nest destruction), noise, vibration, and movement of workers or equipment could also affect nests. Prior to initiation of construction activities, CDFW recommends that a qualified biologist conduct a survey to establish a behavioral baseline of all identified nests. Once Project activities begin, CDFW recommends having a qualified biologist continuously monitor nests to detect behavioral changes resulting from the Project. If behavioral changes occur, CDFW recommends halting the work causing that change.
If continuous monitoring of identified nests by a qualified biologist is not feasible, CDFW recommends a minimum no-disturbance buffer of 250 feet around active nests of nonlisted bird species and a 500-foot no-disturbance buffer around active nests of nonlisted raptors. These buffers are advised to remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or on-site parental care for survival. Variance from these no-disturbance buffers is possible when there is compelling biological or ecological reason to do so, such as when the Project Site would be concealed from a nest site by topography. CDFW recommends that a qualified biologist advise and support any variance from these buffers and notify CDFW in advance of implementing a variance.
Federally Listed Species: CDFW also recommends consulting with the USFWS on potential impacts to Federally listed species, including, but not limited to, the California tiger salamander. Take under the Federal Endangered Species Act (FESA) is more broadly defined than CESA; take under FESA also includes significant habitat modification or degradation that could result in death or injury to a listed species by interfering with essential behavioral patterns such as breeding, foraging, or nesting.
Consultation with the USFWS in order to comply with FESA is advised well in advance of any ground disturbing activities.
Waters of the State and U.S.: A portion of the proposed Project is adjacent to the dirtlined Enterprise Canal located in the northeast area of the Project Site. Pursuant to Fish and Game Code section 5650, it is unlawful to deposit in, permit to pass into, or place where it can pass into “Waters of the State” any substance or material deleterious to fish, plant life, or bird life, including non-native species. It is possible that without mitigation measures this Project could result in pollution of Waters of the State from storm water runoff or construction-related erosion. Potential impacts to the wildlife Docusign Envelope ID: A2E95575-01A3-4094-A2F9-2A1F662AFFB4 2544
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resources that utilize watercourses in the Project vicinity include the following: increased sediment input from road or structure runoff; construction-related activity runoff associated with Project-related activities and implementation; and/or impairment of wildlife movement through the area. The Regional Water Quality Control Board and United States Army Corps of Engineers (USACE) also have jurisdiction regarding discharge and pollution to Waters of the State.
ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special-status species and natural communities detected during Project surveys to the California Natural Diversity Database. The CNDDB field survey form can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be mailed electronically to CNDDB at the following email address: [email protected].
The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.
FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying project approval to be operative, vested, and final (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089).)
CONCLUSION
CDFW appreciates the opportunity to comment and assist the City of Clovis in identifying and mitigating Project impacts on biological resources.
If you have any questions, please contact Kelley Nelson, Environmental Scientist, at the address provided on this letterhead, by telephone at (559) 580-3194, or by electronic mail at [email protected].
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Liz Salazar
City of Clovis
October 8, 2024
Sincerely,
Julie A. Vance
Regional Manager
ec: State Clearinghouse
Office of Planning and Research
[email protected]
Justin Sloan
[email protected]
United States Fish and Wildlife Service
Linda Connolly
California Department of Fish and Wildlife
Kelley Nelson
California Department of Fish and Wildlife
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REFERENCES
California Burrowing Owl Consortium. 1993. Burrowing owl survey protocol and mitigation guidelines. Pages 171-177 in Lincer, J. and K. Steenhof (editors). 1993. The burrowing owl, its biology and management. Raptor Research Report Number 9.
California Department of Fish and Game. 2012. Staff report on burrowing owl mitigation.
California Department of Fish and Game, Sacramento, California, USA.
California Department of Fish and Wildlife. 2024a. Biogeographic information and observation system. https://www.wildlife.ca.gov/Data/BIOS. Accessed September 26, 2024. *
California Department of Fish and Wildlife. 2024b. Survey considerations for California Endangered Species Act candidate bumble bee species. California Department of Fish and Wildlife, Sacramento, California, USA.
Swainson’s Hawk Technical Advisory Committee. 2000. Recommended timing and methodology for Swainson’s hawk nesting surveys in California’s Central Valley.
Swainson’s Hawk Technical Advisory Committee.
United States Fish and Wildlife Service. 2003. Interim guidance on site assessment and field surveys for determining presence or a negative finding of the California tiger salamander. Sacramento, California, USA.*
Xerces Society for Invertebrate Conservation, Defenders of Wildlife, and Center for Food Safety. 2018. A petition to the state of California fish and game commission to list the Crotch’s bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus franklini), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis occidentalis) as Endangered under the California Endangered Species Act. October 2018.
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1 Rev. 2013.1.1
Attachment 1
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
RECOMMENDED MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
PROJECT: Lennar Homes of California Project
RECOMMENDED MITIGATION
MEASURE
STATUS/DATE/INITIALS
Before Disturbing Soil or Vegetation
SWHA
Recommended Mitigation Measure 1:
SWHA pre-construction surveys
Recommended Mitigation Measure 2:
SWHA avoidance buffer
Recommended Mitigation Measure 3:
SWHA Take Authorization
CTS
Recommended Mitigation Measure 4:
Focused CTS protocol-level surveys
Recommended Mitigation Measure 5:
CTS Avoidance
Recommended Mitigation Measure 6:
CTS take authorization
CBB
Recommended Mitigation Measure 7:
CBB habitat assessment
Recommended Mitigation Measure 8:
CBB surveys
Recommended Mitigation Measure 9:
CBB Avoidance
Recommended Mitigation Measure 10:
CBB take authorization
BUOW
Recommended Mitigation Measure 11:
BUOW surveys prior to construction
Recommended Mitigation Measure 12:
BUOW avoidance buffer
Recommended Mitigation Measure 13:
BUOW consultation
Docusign Envelope ID: A2E95575-01A3-4094-A2F9-2A1F662AFFB4 2548
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2 Rev. 2013.1.1
During Construction
SWHA
Recommended Mitigation Measure 2:
SWHA Avoidance Buffer
CTS
Recommended Mitigation Measure 5:
CTS avoidance
CBB
Recommended Mitigation Measure 9:
CBB avoidance
BUOW
Recommended Mitigation Measure 12:
BUOW Avoidance Buffer
Docusign Envelope ID: A2E95575-01A3-4094-A2F9-2A1F662AFFB4 2549
AGENDA ITEM NO. 16.
SPECIFIC SERVICE PLAN
SHEPHERD-MINNEWAWA NORTHEAST REORGANIZATION
RO310
City of Clovis Shepherd-Minnewawa Northeast Reorganization December 2024 Site Specific Service Plan
Attachment 11
P L A N N I N G & D E V E L O P M E N T
1 0 3 3 F I F T H S T R E E T • C L O V I S , C A 9 3 6 1 2
1.1 INTRODUCTION
A Site Specific Service Plan for providing services and improvements to land being annexed to the City is required by the Fresno Local Agency Formation Commission (LAFCo). The site specific service plan provides assurance to LAFCo that newly annexed land to the City will be properly served as urban territory.
The service plan also provides information to property owners, districts and interesting parties who may have projects underway within the vicinity of the proposed annexation.
On November 21, 2024, the Clovis Planning Commission conducted a noticed public hearing and adopted a resolution recommending approval of the following applications:
a. Adoption of an environmental finding of a mitigated negative declaration and a mitigation monitoring and reporting program for Reorganization (RO) 310, Prezone (R) 2024-005, Vesting Tentative Tract Map (TM) 6375, and Planned Development Permit (PDP) 2024-001. b. Rezone 2024-005, approving a request to prezone the properties within the annexation area (201 acres) from the Fresno County AE-20 Zone District to the Clovis C-1, R-1-PRD, O, and P-C-C Zone Districts.
c. Vesting Tentative Tract Map 6375, approving a request for a 385-lot single-family planned residential development on approximately 58.9 acres of land subject to the City Council’s approval of the annexation.
d. Planned Development Permit 2024-001, approving a request to approve a planned development permit for a 385-lot single-family residential development.
On December 16, 2024, the Clovis City Council conducted a noticed public hearing and took action to approve the following applications:
a. Adoption of an environmental finding of a mitigated negative declaration and a mitigation monitoring and reporting program for Reorganization (RO) 310, Prezone (R) 2024-005, Vesting Tentative Tract Map (TM) 6375, and Planned Development Permit (PDP) 2024-001. b. Rezone 2024-005, approving a request to prezone the properties within the annexation area (201 acres) from the Fresno County AE-20 Zone District to the Clovis C-1, R-1-PRD, O, and P-C-C Zone Districts.
c. Vesting Tentative Tract Map 6375, approving a request for a 385-lot single-family planned residential development on approximately 58.9 acres of land. 2550
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d. Planned Development Permit 2024-001, approving a request to approve a planned development permit for a 385-lot single-family residential development.
On December 16, 2024, the Clovis City Council adopted a resolution addressing Reorganization RO310, requesting the Fresno Local Agency Formation Commission (LAFCo) take proceedings for the reorganization of the territory known as the Shepherd-Minnewawa Northeast Reorganization.
1.2 SERVICES EXISTING OR PROPOSED
1. Community Water Service
The Water Master Plan Update, completed in 2017, by Provost & Pritchard Consulting Group, was prepared to support the 2014 Clovis General Plan, and the development plans therein. The plan examined the feasibility of continued growth in the greater Clovis area from a water resource perspective. This included a review of existing and future demands for water from surface, groundwater, and reclaimed water. The study area corresponded with the General Plan planning area. The 2015 Urban Water Management Plan updated the water supply and demand issues identified in the 2017 Master Plan.
The City and Tarpey Village have 37 domestic water wells to provide for the needs of its residents. Some of these have wellhead treatment facilities to treat contaminated groundwater. The wells discharge water into a distribution main grid, based on a minimum of 12-inch mains, spaced at half-mile intervals. The present water storage facilities consist of one elevated tank and three ground level tanks. The total storage capacity is 7 million gallons.
The City began operations of the Surface Water Treatment Facility, located on the Enterprise Canal on the east side of Clovis, in 2004. Kings River water is supplied to the plant via Fresno Irrigation District’s (FID) Enterprise Canal. This 15 million gallon-per-day (MGD) plant allows Clovis to serve existing users and new growth areas, while lessening the demand on groundwater. In 2014, treatment capacity at the SWTF was increased to 22.5 MGD.
In 2009, the City began operation of the Water Reuse Facility (WRF) to treat wastewater from a portion of the City’s growth areas. In 2012, the City began using recycled water from this facility to irrigate public landscapes. At build-out of the system, this facility will be able to produce 8.4 MGD of recycled water.
The strategy for future water supply is termed “conjunctive use” where multiple elements are used to provide a secure long-term supply. It includes using both groundwater and treated surface water to ensure a secure drought-resistant water supply with the flexibility to use surface and groundwater supplies in a cost and operationally-efficient manner. This strategy is conducive to phased development that is critical to both community approval and existing operational constraints.
Water systems for newly developed areas, such as the project site, will be financed by development fees, assessment districts, and capital facilities funding. Additional surface water supplies for certain growth areas will be financed by the Water Supply development fee.
2. Water
The following water conditions have been placed on the project:
1. The applicant shall identify and abandon all water wells to City standards.
2. The applicant shall install water mains of the sizes and in the locations indicated below, and provide an adequately looped water system prior to occupancy. The water improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of 2551
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existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations. a. North Minnewawa Avenue – install 12" main along frontage. b. North Clovis Avenue – install 12" main along frontage. c. Interior Streets – install 8" mains.
d. Install facilities to provide separation between Pressure Zone 2 east of North Minnewawa Avenue and Pressure Zone 1 west of North Minnewawa Avenue.
3. The applicant shall install a City standard water service to each lot of the proposed subdivision.
Water services shall be grouped at property lines to accommodate automatic meter reading system, including installation of connecting conduit. The water meter shall be placed in the sidewalk and not in planters or driveways.
4. All existing water services that will not be used with this development shall be abandoned by closing the service’s corporation stop and creating a physical separation between the corporation stop and the service.
5. The applicant shall notify all property owners’ annexed to the City and along streets where a new water main will be constructed to determine if they wish to be connected to City water.
Property owners shall work directly with the applicant regarding costs and location. The applicant shall notify property owners that water connection fees are required if they choose to connect.
6. Prior to recording a final map of any phase, the applicant shall demonstrate to the satisfaction of the City Fire Chief and City Engineer that there is adequate water pressure to serve the units to be constructed. The applicant shall work with the City Engineer to determine the adequacy of water supply/pressure for the proposed development.
7. Applicant acknowledges that water distribution and treatment capacity for the area within which the proposed subdivision is located is extremely limited, and that distribution may not be available to provide service for the proposed subdivision at such time as applicant is ready to seek approval of a final map. Applicant acknowledges, understands, and agrees that if such water distribution and treatment capacity is not available to serve the proposed subdivision, as determined in the sole and absolute discretion of the City of Clovis, the final map may not be approved. Notwithstanding the foregoing, applicant has freely and voluntarily chosen to proceed with the submittal and processing of the tentative map, intends to expend money, time and effort in connection therewith, and accepts the risks that the final map approval may be delayed until sufficient distribution is available as determined in the sole and absolute discretion of the City of Clovis. Applicant agrees to hold harmless and indemnify the City of Clovis from any and all claims, costs, expenses, and damages incurred or suffered by applicant, its principals, officers, employees, agents, or contractors, caused by, in connection with, or arising out of the unavailability of water distribution or treatment capacity to serve the proposed subdivision, or the City’s refusal or failure to approve a final map for the proposed subdivision because of the unavailability of water distribution or treatment capacity. a. The Project requires the improvements indicated below in accordance with the Water Master Plan. The City Engineer shall determine the timing of the improvements in the event they are installed by a City CIP project or development.
b. P-3 (16” Water Main)
c. P-4 (12” Water Main)
d. T-6 (3.5 MG Tank)
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e. T-9 (7 MG Tank)
3. Recycled Water
The following recycled water conditions have been placed on the project:
8. The applicant shall install recycled water mains of the sizes and in the locations indicated below. The recycled water improvements shall be in accordance with the City’s master plans and shall match existing improvements. All areas utilizing recycle water for irrigation shall be clearly marked on the improvement plans. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and may require appropriate calculations. a. North Minnewawa Avenue – install 8" main along frontage. b. North Clovis Avenue – install 16” main along the property. c. Paseos, Trails, and Neighborhood Parks – install mains as necessary to serve the paseos, trails, and the neighborhood parks.
4. Wastewater
The Fresno-Clovis Regional Wastewater Treatment Facility serves the Fresno and Clovis urban area from its location southwest of the two cities. The City of Clovis owns and maintains sewer lines within the City Sphere of Influence, with the exception of the Tarpey Village area, which is maintained by the City of Fresno.
The City operates the Water Reuse Facility which treats wastewater from a portion of the City and provides recycled water for use in public landscapes. This facility will be expanded as required to serve portions of the northwest and northeast growth areas. The City does not have sewer collection facilities constructed for the entire current Sphere of Influence at this time, but all areas have been master planned.
The Clovis Wastewater Master Plan Update in 2017 provided the City with a course of action with respect to wastewater service needs through the year 2035, in keeping with the Clovis General Plan.
Wastewater facilities for newly developed areas will be financed by development fees, assessment districts, and capital facilities funding.
The following sewer conditions have been placed on the project:
9. The applicant shall identify and abandon all septic systems to City standards.
10. The applicant shall install sanitary sewer mains of the size and in the locations indicated below, prior to occupancy. The sewer improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations. The improvements indicated below will provide temporary service until the improvements are installed that provide permanent service.
a. North Minnewawa Avenue – install 12" main along frontage. b. North Clovis Avenue – install 10" main along frontage. c. Interior Streets – install 8" mains.
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11. The applicant shall install one (1) 4" sewer service house branch to each lot within the tentative tract.
12. All existing sewer services that will not be used with this development shall be abandoned by cutting and capping the service at the right-of-way line.
13. The applicant shall notify all property owners annexed to the City and along streets where a new sewer main will be constructed to determine if they wish to be connected to City sewer. Property owners shall work directly with the applicant regarding costs and location. The applicant shall notify property owners that sewer connection fees are required if they choose to connect.
14. The City cannot guarantee at this time that sewer capacity will be available for this development when site construction occurs. The applicant, therefore, waives any claim or demand against the City for any delay in availability of sewer capacity for this subdivision.
15. Applicant acknowledges that sewage collection and treatment capacity for the area within which the proposed subdivision is located is extremely limited, and that capacity may not be available to provide service for the proposed subdivision at such time as applicant is ready to seek approval of a final map. Applicant acknowledges, understands, and agrees that if such sewage collection and treatment capacity is not available to serve the proposed subdivision, as determined in the sole and absolute discretion of the City of Clovis, the final map may not be approved. Notwithstanding the foregoing, applicant has freely and voluntarily chosen to proceed with the submittal and processing of the tentative map, intends to expend money, time and effort in connection therewith, and accepts the risks that the final map approval may be delayed until sufficient capacity is available as determined in the sole and absolute discretion of the City of Clovis. Applicant agrees to hold harmless and indemnify the City of Clovis from any and all claims, costs, expenses, and damages incurred or suffered by applicant, its principals, officers, employees, agents, or contractors, caused by, in connection with, or arising out of the unavailability of sewage collection or treatment capacity to serve the proposed subdivision, or the City’s refusal or failure to approve a final map for the proposed subdivision because of the unavailability of sewage collection or treatment. a. Permanent service to the Project requires the improvements indicated below in accordance with the Sewer Master Plan. The City Engineer shall determine the timing of the improvements in the event they are installed by a City CIP project or development.
b. CIP Project 6-B (DeWolf Trunk Sewer System).
c. CIP Project 6-A (Shepherd / Willow Pump Station and Force Main System). d. CIP Project AA (Phase 2 STWRF Expansion).
5. Dedications and Street Improvements
The following street conditions have been placed on the project:
16. The applicant shall provide right-of-way acquisition or dedicate free and clear of all encumbrances and/or improve the following streets to City standards. The street improvements shall be in accordance with the City’s specific plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the type, location, and grades of existing improvements. a. North Minnewawa Avenue – dedicate to provide right-of-way acquisition for 42.5' (exist varies) east of centerline and 24.5’ (existing 20’) west of centerline, and improve with curb, gutter, sidewalk, curb return ramps, street lights, fiber optic conduit, landscape strip, 43' (20.5’ west + 22.5’ east) permanent paving, permanent paving 2554
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and overlay as necessary to match the existing permanent pavement, 3' paved swale, and transitional paving as needed.
b. North Clovis Avenue – dedicate to provide right-of-way acquisition for 106' (exist 0'), and improve with curb, gutter, sidewalk, drive approaches, curb return ramps, street lights, fiber optic conduit, median island, median island landscaping and irrigation, landscape strip, 56' (28’ west + 28 east’) permanent paving, permanent paving and overlay as necessary to match the existing permanent pavement, 3' paved swale, and transitional paving as needed.
c. Interior Streets – Dedicate to provide for 50’ or 54’ of right-of-way in conformance with the City policy on street widths, and improve with curb, gutter, 5’ sidewalk adjacent to the curb, drive approaches, curb return ramps, streetlights, permanent paving, and all transitional paving as needed.
d. Cul-De-Sacs - dedicate to provide for 52' radius and improve with curb, gutter, sidewalk, street lights, 43' permanent paving and all transitional paving as needed. e. Install a traffic signal at North Baron and North Clovis Avenues and provide the necessary right-of-way for the signal in its ultimate location. f. The applicant shall relinquish all access to Clovis and Minnewawa Avenues. g. Median island turn pockets require the approval of the City Engineer.
17. The applicant shall provide a dedication for a 10' public utility easement, where applicable, along all public frontages. The applicant shall be responsible for obtaining approval by the utilities companies where alternate widths are provided. The applicant shall provide to the City copies of all final easements prior to final map acceptance.
18. For new onsite ADA paths of travel that connect to the City sidewalk, the applicant shall replace enough sidewalk to provide a compliant landing with appropriate transitions to existing sidewalk grades.
19. The applicant shall remove and repair all damaged or broken concrete improvements. The City Engineer may require the repair of additional improvements if they are damaged prior to occupancy.
20. The applicant shall not install any fences, temporary or permanent in public right-of-way.
21. The applicant shall provide preliminary title report, legal description and drawings for all dedications required which are not on the site. All contact with owners, appraisers, etc. of the adjacent properties where dedication is needed shall be made only by the City. The City will prepare an estimate of acquisition costs including but not limited to appraised value, appraisal costs, negotiation costs, and administrative costs. The applicant shall pay such estimated costs as soon as they are determined by the City.
22. The sideyard side of all corner lots shall have full width sidewalk except where planter strips or meandering sidewalk is proposed.
23. The applicant shall obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests.
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24. The applicant shall, at the ends of any permanent pavement abutting undeveloped property, install 2" x 6" redwood header boards that shall be placed prior to the street surfacing.
25. Standard barricades with reflectors shall be installed at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.
6. Solid Waste Collection
Refuse Collection collects and disposes of solid waste generated by residential and commercial customers located within the City. Private vendors, under City contract, collect waste from select commercial customers and recyclables and yard wastes from residential customers. For improved cost accounting and control, the Refuse Collection Unit is further organized into four sub-accounts identified as Administration, Residential, Commercial, and Community Cleanup.
Refuse Landfill conducts all operations necessary to landfill City refuse in accordance with county, state, and federal requirements. The Clovis landfill is an active Class III landfill which accepts municipal solid waste that is currently permitted through the year 2053.
Refuse Contracts provides refuse-related services to the community through contracts with private vendors.
These include refuse compactor and roll-off services for larger businesses, and residential curbside recycling, and greenwaste programs.
7. Fire Protection
The Fire Department employs two primary measures in determining service for the community and future development. The first measure is distribution. “Distribution” describes station locations that allow for a rapid first-due response deployment to mitigate fire and medical aid emergencies before they result in further life/property loss. Distribution is measured by how much of the jurisdiction is covered by first due units within our adopted response time goal of arrival within 5 minutes or less 90% of the time. The second term, “concentration” is a measure of how many multiple units are within sufficient proximity to provide the necessary tools, equipment and personnel, known as an effective response force, for a large scale incident or when another unit is assigned to a concurrent emergency. An initial effective response force is one that has been determined likely to stop the escalation of a fire emergency and bring it effectively under control.
In addition to these factors, Clovis Fire has conducted several station location studies over the last ten years to ensure efficient and effective operations. Stations have generally been located in between 4.5 to 5 mile squares near major street intersections. Previous studies identified various station configurations that could serve City growth depending on the type of development and infrastructure planned for these areas. Currently, the Clovis Fire Department operates out of five fire stations located throughout the City.
In determining desired levels of resource concentration to maintain existing standards and to provide equal protection to future growth areas, the Clovis Fire Department analyzed the risk assessment, call volume, population, critical task analysis, and industry standards. Depending on the factors previously noted, the number of units needed for an initial effective response force are dispatched as defined in the Critical Task Analysis document.
Consideration for community protection must also take into account utilization of Automatic Aid Agreements that provide the closest available resources, regardless of jurisdiction. Using software programs and data from neighboring jurisdictions, fire staff are able to analyze the concentration of units revealing detailed information regarding the deployment of resources necessary to provide an effective fire fighting force within defined response time goals for a geographic area neighboring other fire protection districts.
The Emergency Services Bureau is responsible for providing the resources needed by Fire Department staff who respond daily to requests for emergency and non-emergency services from the citizens of Clovis 2556
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through four divisions: Operations, Support Services, Training, and Communications. The Operations Division activities include: responding to fires, first responder medical services, mutual/automatic aid, mapping, apparatus replacement, etc. The Training Division activities include coordination of recruitment, testing and training of new employees, in-service training for all Department employees and coordinated use of the Fire Training Center. Support Services Division activities include: apparatus maintenance, facilities maintenance, station supplies, etc. The Communications Division has responsibility for coordinating dispatch services to the Fire Department. Fire dispatch services are provided via a contract with the Fresno County Emergency Medical Services Division. Dispatch services coordinate the emergency response of all City fire resources and mutual or automatic aid resources. The Department continues to promote sound planning, economic efficiency, and effective use of the City resources while providing essential and valuable services.
The Life Safety and Enforcement Bureau is responsible for providing community risk reduction activities through two divisions: Fire Prevention and Emergency Preparedness. The Fire Prevention Division assists local businesses and building development though activities such as inspections and plan review to ensure safe occupancies comply with fire codes, standards, and local ordinances. Additional risk reduction is performed through public education where citizens learn about actions they can take to reduce their fire risk and learn emergency preparedness skills that are essential during times of crisis. Within the Bureau, the Investigations team has the responsibility to investigate all fires for cause and origin, and enforce minimum standards to safeguard life, health, property, and public welfare.
The Emergency Preparedness Division has the responsibility for preparing and carrying out emergency plans to protect property and the citizens of Clovis in case of actual or threatened conditions of disaster or extreme peril. This includes having an emergency plan in place, maintaining an Emergency Operations Center (EOC), ensuring policies and procedures are compliant with the National Incident Management System (NIMS) guidelines and exercises are conducted to evaluate system effectiveness. Within the Emergency Preparedness section are the Hazardous Materials Response Team and an Urban Search and Rescue Team. These teams are capable of responding to emergency incidents that require specialized tools, equipment, and personnel. Some funding for this division is augmented by state and federal grants.
The Fire Administration Division is responsible for supporting all department operations, administering the Accreditation program, and the development and administration of the Fire Department budget. Fire Administration provides administrative analysis, report preparation, coordination of programs, incident response data management, timekeeping, and other routine duties performed daily that support the delivery of emergency and non-emergency services. Fire Administration also identifies, writes, and manages grants to supplement funding for all Department programs.
The following fire conditions have been placed on the project:
26. Two Points of Access: Any development to this parcel will require a minimum of two (2) points of access to be reviewed and approved by the Clovis Fire Department. All required access drives shall remain accessible during all phases of construction which includes paving, concrete work, underground work, landscaping, perimeter walls. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads.
27. Street Width for Single Family Residences: Minimum Access Road Width of 36 feet for Single Family Residences. Roads 36 feet or wider allow for Parking on both sides of street.
28. Exception Streets with houses on only one side of the street: Roads 32 feet or greater, to less than 36 feet in width require Fire Lane Markings on one side of the street. Parking is allowed on one side of street.
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29. Street Width: Fire apparatus access width shall be determined by measuring from “base of curb” to “base of curb” for roadways that have curbs. When roadways do not have curbs, the measurements shall be from the edge of the roadway surface (approved all weather surface).
30. Turning Radius: All access way roads constructed shall be designed with a minimum outside turning radius of forty-five feet (45’).
31. Temporary Street Signs: The applicant shall install temporary street signs that meet City Temporary Street Sign Standard #1.9 prior to issuance of building permits within a subdivision.
32. All Weather Access &Water Supply: The applicant shall provide all weather access to the site during all phases of construction to the satisfaction of the approved Clovis Fire Department Standard #1.2 or #1.3.
33. Private Street Names: Private street names shall be consistent with public street names to the north and south or to the east and west alignments as approved by the Fire Department.
34. Fire Access – Landscape Obstruction: Landscaping trees or shrubs located adjacent to the fire access drives shall be of the type that will not impede fire access due to their growth process.
35. Residential Fire Hydrant: 4 ½” x 2 ½” approved Residential Type fire hydrant(s) and “Blue Dot” hydrant locators, paint fire hydrant(s) yellow with blue top and caps, and paint the curb red shall be installed as specified by the adopted Clovis Fire Department Standard #1.4. Plans shall be submitted to the Clovis Fire Department for review and approval prior to installation. The hydrants shall be charged and in operation prior to any framing or combustible material being brought onto the site. Hydrants curb markings and blue dots to be completed prior to occupancy of any homes.
36. Looped Water Main: The applicant shall install approved looped water main capable of the necessary flow of water for adequate fire protection and approved by the Clovis Fire Department.
8. Law Enforcement
The responsibility of the Police Department is to provide protection and police-related services to the community. The Department’s mission is to do this in a manner that builds public confidence and improves the quality of life in Clovis. Police headquarters is located at the Clovis Civic Center. Currently, the Police Department is allotted for 112 sworn officers. The current ratio is 0.90 sworn officers per 1,000 residents.
In accordance with the recommendations contained in the Police Department Master Service Plan, the Police Department will seek funding to achieve and maintain a ratio of 1.3 officers per 1,000 residents.
Police protection to the unincorporated areas is provided by the Fresno County Sheriff and California Highway Patrol. The City has a mutual aid assistance agreement with both agencies.
The operations of the Police Department, now and as the City grows, will be funded through the General Fund, Community Facilities District (CFD) fund, and grants. It is noted that continued annexation and development without proportionate increase in the funding of safety services will have an effect on the city’s ability to maintain acceptable service levels. If unable to maintain acceptable service levels, the department will have to reduce response to certain calls and possibly eliminate other services altogether. This reduction of services will greatly impact our citizens and the quality of life in our community.
The Department is organized into three major divisions, which are composed of seven budgetary sections.
The following Police Department conditions have been placed on the project:
37. Construction work shall be limited to the hours set forth in the Clovis Municipal Code. (CMC §
5.27.604.)
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38. It shall be the responsibility of the property owner to maintain the structures and adjoining fences to the project free of graffiti. All forms of graffiti shall be removed within 48 hours. (CMC §§
5.27.101.)
39. Emergency phone numbers for responsible parties shall be kept current during the building phase of the project.
40. All construction materials shall be located within a secured area or monitored by security staff during non-construction hours.
9. Parks & Recreation
The Parks Section provides maintenance to City parks, trails and trail lighting, street landscaping, City trees, and numerous recreational facilities, including playgrounds and picnic sites; maintains Old Town streetscape; and provides grounds maintenance at City administrative facilities. Some of these areas are maintained by Parks personnel, while others are maintained through contracts administered by the Parks section. Parks also provides support for civic activities such as hanging banners and decorating for Christmas, Rodeo Weekend, Big Hat Days, and Farmer's Market. The Parks Section administers the Landscape Maintenance District (LMD), which provides funding for maintenance of certain parks, trails, street landscaping, streetlights, and neighborhood architectural enhancement features for areas within the Landscape Maintenance District. All City owned landscaping that is not within the LMD is funded through the General Fund.
10. Transit Services
The Community Services Division administers various senior citizen programs at the Clovis Senior Activity Center. The Division also administers the City’s Round-Up demand-response transit program, the fixedroute Stageline transit program, and administers the City’s contract with Fresno Area Express (FAX). User fees, and state and federal transit funds and grants support the transit service.
11. Storm Drainage
Storm Drain responds to significant rainfall events by providing sand bags, pumping of flooded areas, monitoring stream channels, placing warning signage, and pumping temporary storm drain basins when needed. It also provides pre-storm cleaning of drain inlets to ensure debris do not hamper proper operation of the storm drain collection system. As development occurs, applicants will be required to construct storm drainage facilities in accordance with the standard and requirements of the Fresno Metropolitan Flood Control District. Specific conditions for improvements to the storm drainage system will be issued as development projects are proposed and approved.
12. Street Lighting
The City is responsible for maintenance of traffic signals, the cost of energy/repairs/replacements for PG&Eowned streetlights within the City, energy and materials for City-owned streetlights, and maintenance of City-owned streetlights.
The following street light condition has been placed on the project:
41. The applicant shall install street lights. Street lights along the major streets shall be installed on metal poles to local utility provider’s standards at the locations designated by the City Engineer.
Street light locations shall be shown on the utility plans submitted with the final map for approval.
Street lights at future traffic signal locations shall be installed on approved traffic signal poles, including all conduits and pull boxes. Street lights along the major streets shall be owned and maintained by local utility providers. Proof of local utility provider’s approval shall be provided. The 2559
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applicant may install thematic lighting, as approved by the City Engineer. If the applicant chooses to install thematic lighting, the applicant shall provide a conceptual lighting plan identifying adjacent properties that may be incorporated with thematic lights to create a neighborhood effect. Thematic lighting owned by the City shall be maintained by an additional landscape maintenance assessment.
13. Schools
The City of Clovis and its sphere of influence lies primarily within the Clovis Unified School District (CUSD).
The portion the sphere of influence within the Loma Vista Specific Plan, east of the Highland Avenue alignment lies within the Sanger Unified School District (SUSD). Only a small portion of the southwest area of the city lies in the Fresno Unified School District (FUSD). These districts are affected by residential growth in the Clovis area. The area of the City serviced by FUSD is fully built-out and future development within the City’s sphere of influence will not affect this district.
14. Other Services
Pacific Gas and Electric (PG&E) provides gas and electrical service to the City of Clovis, its sphere of influence, and Fresno County. Electrical service is supplied by underground and overhead lines routed through three substations in the greater Clovis area. The hierarchy of establishing electrical power lines from generation stations to customers is as follows: transmission distribution; sub-transmission; and service. PG&E provides gas to customers through plastic and steel underground lines. Residents not serviced by PG&E use propane fuel.
15. Financing of Services and Facilities
The City Council has established fiscal policies that govern the city’s financial administration and are designed to safeguard the City’s assets, provide a stable funding base, and ensure that adequate accounting data are compiled. These accounting data allow for the preparation of various accounting reports such as the annual budget and the annual year-end financial report. Following are the financial policies that provide the basis for the financial direction of the city. The City’s budget policy states that all operating budgets shall be balanced and ongoing costs will not exceed current revenues plus available fund balance that exceeds reserve requirements. The minimum reserve for any operational fund is 10% of the budgeted expenditures with the goal for reserves of 15% of budgeted expenditures unless capital borrowing or extraordinary fiscal conditions require that higher levels of reserves be maintained. As discussed during the five-year forecast, the General Fund target reserve is now set at 25%, the current General Fund reserve is approximately 16.5%. Budgetary and purchasing controls have been instituted that ensure adherence to the adopted budget.
The Enterprise Funds are to be fully supported by user fees and charges, and the Internal Services Funds are to be funded at appropriate levels to ensure reasonable ability to respond to unforeseen events. Annually, the City has designated a contribution of general funds to the General Government Services Fund (an Internal Service Fund) to address the building space needs for new fire stations, safety training facilities, regional park facilities, business and industrial parks, upgrades and new technology for improved productivity, and major remodeling, repairs, or additions to existing facilities.
The City will not issue long-term debt to cover current operations. The City will consider the issuance of long-term debt to purchase/build capital assets when those assets will benefit users over several years and it is determined that it is more equitable to spread the capital investment and financing costs of the asset to current and future users of the asset. 2560
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SITE SPECIFIC SERVICE PLAN
City of Clovis Shepherd-Minnewawa Northeast Reorganization December 2024 Site Specific Service Plan
Annually the City will have an independent audit of its financial records prepared by a certified public accountant pursuant to generally accepted auditing practices of the government finance industry and submit an annual financial report to the City Council by December 31 for the previous fiscal year.
Fees for services will be charged directly to users of the services when appropriate and should cover the full cost of service delivery. Fees are to be reviewed on an annual basis to ensure that the fee is appropriate for the service provided compared to actual cost or an approved cost index. Development impact fees will be established to ensure that new growth pays the cost of infrastructure improvements and is not a burden to existing tax payers. The City will invest available cash assets in a manner consistent with the safeguards and diversity that a prudent investor would adhere to with primary emphasis on preservation of principal, sufficient liquidity to cover anticipated payment outflows, and high yields consistent with the first two goals. The City’s investments will be consistent with Section 53601 of the Government Code of the State of California that identifies which types of investments are eligible for investment of public funds and the maximum percentage of an investment portfolio that is allowed for any one investment.
The City is in compliance with all of its financial policies.
16. California Environmental Quality Act (CEQA) Compliance The City of Clovis has completed an environmental review (an assessment of the Project’s impact on natural and manmade environments) of the proposed project, as required by the State of California. A Mitigated Negative Declaration was approved and adopted by the Clovis City Council in conjunction with its approval of the Project.
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TO: Mayor and City Council
FROM: Planning and Development Services
DATE: December 16, 2024
SUBJECT: Consider various items associated with ±14.57 acres of land located on the south side of E. Perrin Avenue, between N. Minnewawa Avenue and west of the N. Clovis Avenue alignment. David Williams, John & Tricia Zimmerer, Merrill Michael, Misha Kay Wight Miller, and Jon Kurisu owners; Bonadelle Homes, applicant; Scott Harbour, representative. a. Consider Approval - Res. 24-__, A resolution of the City Council adopting an environmental finding of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for Vesting Tentative Tract Map 6467 and Planned Development Permit 2024-003. b. Consider Approval - Res. 24-__, TM6467, A resolution of the City Council approving a vesting tentative tract map for a 162-lot single-family planned residential development.
c. Consider Approval - Res. 24-__, PDP2024-003, A resolution of the City Council approving a planned development permit for a 162-lot single-family residential development.
Staff: Marissa Parker, Assistant Planner
Recommendation: Approve
ATTACHMENTS: 1. Draft Resolution CEQA
2. Draft Resolution TM6467
3. Draft Resolution PDP2024-003
4. Proposed Development Standards for PDP2024-003
5. Proposed Park Amenity for PDP2024-003
6. Elevations and Floor Plans
7. Correspondence from Commenting Agencies
8. Initial Study Mitigated Negative Declaration and MMRP 2562
AGENDA ITEM NO. 17.
RECOMMENDATION
Staff recommends that the City Council approve each component of the Project as identified in the title.
EXECUTIVE SUMMARY
Bonadelle Homes (“Applicant”) proposes to subdivide the subject properties to facilitate the development of a 162-lot single-family subdivision, Tract Map 6467 (“TM6467”). Currently, the properties are located within Fresno County’s jurisdiction and are zoned AE-20 (Exclusive Agricultural, 20-acre minimum parcel size). The properties will be annexed into the City Limits and prezoned to the R-1-PRD (Single-Family Planned Residential Development) zone district, through separate entitlements. The separate entitlements are identified as Reorganization 310 (“RO310”) and Prezone 2024-005 (“R2024-005”). The Project site is located on ±14.57 acres of primarily undeveloped land with three (3) single-family residences and accessory buildings, which are located on the south side of E. Perrin Avenue, between N. Minnewawa Avenue and the N. Clovis alignment (“Property”). The Project proposes a 162-lot single-family subdivision with associated infrastructure improvements. In conjunction with TM6467, Planned Development Permit 2024-003 (“PDP2024-003”) is required for the proposed planned residential development to ensure a comprehensive development of high quality. The aforementioned entitlements are hereinafter collectively referred to as the “Project”. The Project will include site improvements, including landscaping, parking, sidewalks, and utility infrastructure. Approval of this Project would allow the developer to continue processing a residential site plan review (“RSPR”) entitlement and development drawings.
BACKGROUND
General Plan Designation: Medium Density Residential (4.1-7.0 DU/Ac.) Medium High Density Residential (7.1-20.0 DU/Ac.)
Master Plan Designation: Heritage Grove Master Plan
Existing Zoning: Fresno County AE-20 (Exclusive Agricultural) Proposed Zoning: R-1-PRD (Single-Family Planned Residential Development) (under R2024-005 entitlement)
Project Size: ±14.57 acres
Current Land Use: Single-Family Residences, Vacant
Adjacent Land Uses:
o North: Rural Residential / Single-Family Residence, Orchards o South: Vacant
o East: Vacant
o West: Rural Residential / Single-Family Residence, Orchards Previous Entitlements: N/A
The Project site is in the City’s Heritage Grove growth area and is currently within the County of Fresno’s jurisdiction. The Project site has been planned in the City’s general plan as future Medium and Medium-High Density Residential development. Medium Density Residential allows for single-family residential development at a density of 4.1-7.0 dwelling units per acre, whereas Medium High Density Residential designation allows for single-family residential development at a density of 7.1-20.0 dwelling units per acre. The Project proposes to blend the Medium and Medium High densities to obtain the maximum number of units allowed based on the acreage. 2563
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The resulting project density is 11.6 dwelling units per acre. Further details regarding the general plan land use designation(s) calculation is provided in the report below. The Project site is currently zoned Fresno County AE-20 (Exclusive Agricultural) and is a primarily undeveloped site with three (3) single-family residences and accessory buildings. Surrounding properties contain orchards, single-family residences, and vacant/undeveloped land.
PROPOSAL AND ANALYSIS
As shown in Figure 1 below, the Project boundary consists of ±14.57 acres and is located on the south side of E. Perrin Avenue, between N. Minnewawa Avenue and the N. Clovis Avenue alignment in the County of Fresno. As indicated above, the Project site is located on a primarily undeveloped site with three (3) single-family residences and accessory buildings. Additionally, the Project is situated adjacent to primarily vacant and agricultural properties designated for future residential development at varying densities, a future park, and existing single-family residences to the east and southeast. The Project will occupy the entire parcel with Accessor’s Parcel Numbers (APNs) 556-030-04, 06, 08, and 09.
The Project includes two planning entitlements, including a vesting tentative tract map (TM6467) and PDP (PDP2024-003). The tentative tract map is required to subdivide the Project site in accordance with the Subdivision Map Act and City standards. The PDP entitlement is necessary to evaluate the unique development standards and enhanced development features, such as architecture, landscaping, parking, and additional amenities. If the Project is approved, a residential site plan review (RSPR) is required to memorialize the design and layout of the homes. The RSPR will be reviewed at the staff level.
The Project is within the City’s Heritage Grove planned growth area. Heritage Grove encompasses approximately ±2,560 acres of land bounded by Willow Avenue to the west, Sunnyside Avenue to the east, Copper Avenue to the north, and Shepherd Avenue to the south.
The 2014 Clovis General Plan designates the Project site for residential uses. The Project area is planned to be converted to non-agricultural land pursuant to the 2014 General Plan. 2564
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Figure 1 – Project Location
Annexation & Pre-Zoning
The Project is situated within the City’s Heritage Grove planned growth area and requires annexation into the City. The Project site will be annexed into the City Limits and prezoned to the R-1-PRD (Single-Family Planned Residential Development) zone district, through separate entitlements, RO310 and R2024-005. While the Project site encompasses approximately 14.57 acres, a larger annexation area is proposed after consultation with the County of Fresno and the Fresno Local Agency Formation Commission (LAFCo) staff to establish a logical boundary for incorporation with regard to the overall annexation timing of projects in this area (see Figure 2 below). In addition to the ±14.57-acre development site, the proposed annexation boundary includes properties planned for future residential development at similar densities, future community park, mixed use development, and neighborhood commercial. The annexation application will undergo consideration by the City Council and, if approved, will proceed to the LAFCo for processing and final consideration. Development of the Project cannot occur without the completion of the annexation process.
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As mentioned above, the Project site will be prezoned to the R-1-PRD Zone District through R2024-005. The prezoning process is a prerequisite for the property’s integration into the City.
The R-1-PRD Zone District is appropriate for single-family small lot uses, including attached and detached single-family structures, and is applicable to this Project. The R-1-PRD Zone District is consistent with the Medium and Medium High Density land use designations of the Project site.
Figure 2 – Annexation Boundary
= Annexation Boundary
= TM6467
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Planned Development Permits
The proposed R-1-PRD Zone District requires the associated PDP. As indicated above, PDPs are required for all planned residential developments. The PDP process allows design flexibility and encourages innovative and superior site planning, culminating in a comprehensive, highquality development. Further details regarding the PDP are outlined below.
Development Standards
The PDP provides the flexibility to adjust or modify development standards, such as building coverage, height, setbacks, fence and wall heights, landscaping, open space, and street layout, where necessary and justifiable. Table 1 below outlines the proposed development standards for the development. While the Applicant has provided models for their development, they will be assessed against the established development standards and formalized through the RSPR process, which has been included as a condition of approval for TM6467 and PDP2024-003.
Table 1 – Planned Development Permit Development Standards Standards Harvest Product
(162 lots)
Typical City Standards
R-1-MD (Medium High Density)
Minimum Lot Size (Square Feet) 2,220 4,500
Minimum Parcel Width 37 feet 50 feet
Minimum Curved Parcel Width 60 feet 50 feet
Minimum Corner Parcel Width 37 feet 50 feet
Minimum Parcel Depth 60 feet 90 feet
Maximum Lot Coverage 65% 45%
Maximum Height 35 feet / 2 Stories 35 feet / 2 Stories
Front (Garage) Setback 5 feet 20 feet
Front (Living) Setback 5 feet 15 feet
Setback to Projections and/or Porch/
Patio 4 feet 15 feet
Garage Side Setback 5 feet 5 feet
Corner Street Side Setbacks 3 feet 10 feet
Reversed Corner Street Side Setback 3 feet 15 feet
Corner Street Side Fence Setback 3 feet 15 feet
Interior Side Yard Setback (opposite
from garage) 3 feet 5 feet
Rear Setback 5 feet 15 feet
Garages
20’x20’ interior dimension (2-car)
12’x20’ interior dimension (1-car)
20’x22’ interior dimension (2-car)
Table 1 above delineates alterations to the typical development criteria associated with the Medium Density zone districts (R-1-MD). The Project site has split designations of Medium and Medium High Density. Although the R-1-MD Zone District isn’t consistent with the Medium High Density land use designation, it represents the smallest lot sizes accommodated by traditional single-family residential zone districts and therefore is utilized for comparison. The utilization of Planned Residential Developments approved through the PDP process is required to achieve single-family development in the Medium High Density land use designation as identified in Table LU-3 of the City’s General Plan. The table above categorically presents various 2567
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development standards, including the applicant’s proposed standards for the proposed residential development. For comparison, the last column of the table provides standards for the typical zone district consistent with Medium density, specifically the R-1-MD Zone District. The development standards requested primarily consist of reductions in listed standards, such as lot size, parcel configuration, setbacks, garage sizes, and an increase in maximum lot coverage.
Furthermore, the proposed homes will include a total of one (1) home model featuring a singlecar garage, whereas it is typical for a single-family home to provide a 2-car garage. An allowance for single-car garage configurations has been requested on up to 58 of the 162 lots within the subdivision. These lots are located adjacent to the planned-off-street parking areas.
It's important to emphasize that, to ensure adequate side yard access and proper storage for trash toters, the Project proposes a minimum setback of five (5') feet for all garage-side setbacks.
Additionally, the Project is conditioned to provide an all-weather surface for the placement and storage of trash receptacles, extending from the 5-foot side yard (garage side) to the front of the property. These proposed development standards are in line with recent projects approved under the PDP process.
Proposed Amenities
Chapter 9.66 of the Clovis Municipal Code, Planned Development Permits, offers a framework for flexibility in development standards to accommodate various development types that may not conform to standard regulations. Within this context, planned residential developments are mandated to provide a program of public amenities commiserate to the deviations being requested. Amenities may include but are not limited to features such as open space and improvements to the existing public facilities such as parks and trails. It’s important to note that PDP amenities are assessed on a project-by-project basis, as each development is unique in terms of its scale, location, and context.
In exchange for the requested concessions, such as reduced lot sizes, setbacks, increased lot coverage, and non-standard garages, the Applicant proposes a range of project amenities aimed at benefiting both homeowners and the wider community. These amenities include two (2) community areas totaling ±21,997 square feet (see Figure 3 below). The first area is ±8,639 square feet and includes open space areas and a pickleball court. The second area is ±13,358 square feet and includes a recreation center with fitness rooms, covered dining areas, restrooms, open space areas, and a 50-foot-long pool. Both areas provide landscaping and walkways for access to and from the areas. The specific details of the areas will be evaluated through the civil review process for compliance with the Clovis Municipal Code (“CMC”) and Water Efficient Landscape Ordinance (“WELO”).
When assessing and determining an adequate amenity that would provide a public benefit, staff evaluated opportunities for open space and other public improvements near the proposed tract map. Staff identified the construction of the planned trail along N. Sunnyside Avenue, adjacent to the existing PG&E substation. As part of the amenities, the Project will contribute a dollar amount totaling approximately $40,165 towards the development of the Sunnyside Avenue trail.
This monetary contribution is based on a calculation methodology recently utilized in conjunction with other projects. Ultimately, if the development of this portion of the trail is infeasible, the funds could be used for alternative public benefit improvement outside of the Project vicinity, such as 2568
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the development of shade structures and seating areas within the following neighborhood parks:
Woods Park (TM5146), Pinnacles Park (TM5002) or Countryside Park (TM4732/5545).
Figure 3 – Conceptual Park Designs
In addition to the requirement for proportional amenities, approval of a planned development permit necessitates the demonstration of superior development quality compared to what could be achieved through conventional development practices on the site. This might entail enhancements such as upgraded entry points, embellished block walls along street frontages, and superior exterior elevation design. These features are typically integrated into the proposed planned development projects by the applicant, subject to review and approval during the civil plan review process and residential site plan evaluation for individual lots.
Planned Development Permit Required Findings and Analysis The required findings for the approval of a PDP application, and staff’s response to each of those findings are listed below. (CMC § 9.66.060.)
1. The PDP would:
a. Be allowed within the subject base zoning district.
The proposed Planned Development Permit is permissible within the R-1-PRD Zone District, which is proposed concurrently with the Prezoning of the Project site.
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b. Be consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan.
The Project proposes a single-family residential use, which is consistent with the established land uses of the General Plan. Policy 3.6 of the Land Use Element of the General Plan encourages a mix of housing types, unit sizes and densities. The Project would comply with Policy 3.6 by providing a housing product that adds to the variety of housing stock within the City. c. Be generally in compliance with all of the applicable provisions of this Development Code relating to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this chapter and the subject base zoning district, including prescribed development standards and applicable design guidelines.
The Project incorporates measures to construct both on-site and off-site improvements in accordance with the City's adopted infrastructure master plans and the standards outlined in the 2014 General Plan. The design of these improvements align with the proposed Project development standards and land use change(s) outlined in the staff report.
d. Ensure compatibility of property uses within the zoning district and general neighborhood of the proposed development.
As mentioned previously, the Project is located on a primarily undeveloped site with three (3) single-family residences and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities. The Project is located within the Heritage Grove planned growth area. Although the Project is proposing to convert agricultural land to residential uses, this conversion is consistent with the 2014 General Plan. Upon completion, the Project will not be consistent with the existing rural residential, orchards and vacant/undeveloped properties that currently exist in the surrounding area. However, it will be consistent with future single-family development at Medium and Medium High Densities, in accordance with the General Plan designations.
2. The proposed Project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, incorporation of a program of enhanced amenities, etc.) than which might otherwise occur from more traditional development applications.
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The Project integrates design elements that elevate its quality beyond traditional developments. Notably, it includes amenities like two (2) pocket parks, which total approximately 21,997 square feet. Per the Heritage Grove Master Plan, a community corner paseo is required at the southwest corner of the N. Clovis Avenue alignment and E. Perrin Avenue. The architectural design of the model homes will undergo thorough evaluation during the residential site plan review process to ensure high quality.
3. Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare.
The proposed PDP will comply with the CMC, all Fire Department standards and Building Code regulations to ensure adherence to public health and safety requirements.
4. Proper on-site traffic circulation and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
The proposed PDP2024-003 will adhere to the standards set by the Fire Department and the requirements of the City Engineer concerning fire suppression measures and enhancements to traffic flow related to TM6467.
5. The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development.
The proposed development has undergone scrutiny through the City’s preliminary application process (Development Review Committee), confirming the site's physical suitability for accommodating the proposed Project. Additionally, a thorough review and routing of the applications determined that the Project will occupy and operate within an existing site that is physically suitable in size, compatible with surrounding uses. The Project will be required to install the infrastructure required and necessary to support it. The Project will be required to comply with all conditions from Public Utilities and Engineering, which will further ensure the site is suitable for the proposed use. Site specific details will be evaluated through the SPR process.
6. The design, location, operating characteristics, and size of the proposed development would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.
As indicated above, the proposed PDP2024-003 is compatible with the existing and planned adjacent land uses. In regard to view protection, the PDP proposes a reduced maximum height limit than that prescribed under the comparable R-1 Zone 2571
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District. The proposed development will process a RSPR application where aesthetics and design will be evaluation in compliance with the Development Code.
Vesting Tract Map
The Project encompasses a ±14.57-acre site and is associated with TM6467, provided as Attachment 2B. TM6467 consists of 162 residential lots and three (3) outlots, allocated for amenities and open space. Further specifics regarding the vesting tentative tract map are detailed below.
Lot Details
The Project is proposing 162 lots, ranging from ±2,220 square feet to ±2,928 square feet, with an average of ±2,364 square feet. The Project includes one product line, the Harvest product, that consists of four (4) home models with varying elevation options. Because of the size of the lots, the homes are all proposed to be two stories. The proposed floor area for the homes are ±1,209, ±1,398, ±1,512, and ±1,579 square feet, respectfully.
These specific product types present distinctive lot sizes that differ from the standard zoning districts outlined in the Municipal Code. The PRD designation permits these unique lot sizes along with specific development standards, as detailed in the PRD section of the report. While the lot sizes are unique, this type of development is similar to other planned residential developments within the City of Clovis.
Circulation
As shown in Figure 4 below, the Project aims to improve the general circulation in the area by upgrading existing streets and constructing new ones, including internal private streets within the Project site. The Project will be required to construct N. Clovis Avenue and improve E. Perrin and N. Minnewawa Avenues to City standards. Along with improvements to the surrounding streets, the Applicant is also proposing a network of internal private streets. The Project would be accessed via two (2) ingress/egress access points, one (1) from N. Minnewawa Avenue and one (1) from E. Perrin Avenue. The installation of pedestrian paths of travel from the Minnewawa, Perrin and Clovis frontages would be required as part of the Project. Throughout the tract map, the private streets are between 35.2 feet and 37.2 feet in width allowing for parking on both sides and meeting City standards for private streets.
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Figure 4 – Proposed TM6467
Homeowners Association
As the Project is gated, a Homeowner’s Association (“HOA”) is required for the purpose of maintaining open spaces and common areas, ensuring they remain well-kept and functional as well as enforcing the covenants, conditions and restrictions. This requirement is designed to uphold community standards and elevate the quality of life for residents within the Project's jurisdiction.
General Plan Designation and Density Calculation
As shown below in Figure 5, the Project site has existing general plan land use designations of Medium and Medium-High Density Residential. Medium Density Residential allows for singlefamily residential development at a density of 4.1-7.0 dwelling units per acre, whereas Medium High Density Residential designation allows for single-family residential development at a density of 7.1-20.0 dwelling units per acre. The project calculates the maximum allowable density by combining the maximum units permitted for each land-use designation based on their respective acreages. This is then translated into the overall maximum density. Table 2 below provides a breakdown of the calculations, showing the maximum units and density for the project.
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Table 2 – Density calculation
4.78 Acres of M (Medium) @ 7 du/ac 33
10.0 Acres of MH (Medium High) @ 20 du/ac 200
Max Lots Allowable 233 Lots
Max Density Allowable 15.99 du/ac
Proposed Density 11.6 du/ac
Actual Lots Proposed by TM6467 162 Lots
The resulting Project density is 11.6 dwelling units per acre. Per policy 3.6 within the Land Use Element of the 2014 Clovis General Plan, individual projects five (5) acres or larger may be developed at densities equivalent to one designation higher or lower than the assigned designation, provided that the density across an individual project remains consistent with the General Plan. Thus, the blending of Medium and Medium High Densities is consistent with the General Plan and consistent with other projects that have been approved throughout the City.
Figure 5 – Planned Land Use Designation
Sewer and Water Impact
The Project’s impacts to water and sewer facilities were analyzed during the California Environmental Quality Act (CEQA) review. Provost and Pritchard, the City’s water system consultant, provided a summary of water system impacts and concluded that the City has capacity to serve, and that infrastructure can accommodate the Project upon completion of the 2574
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recommended connections. The City Engineer completed a sewer analysis and concluded that the City has capacity to accommodate the Project.
Heritage Grove Thematic Elements
The City’s 2014 General Plan directed the preparation and adoption of a comprehensive design document for the Heritage Grove area. As a result, the Heritage Grove Design Guidelines was developed and adopted on December 5, 2016. The document is intended to build upon the merits of the distinctive area that contains a unique and valuable agricultural and cultural heritage and to provide a vision and guidance for its future development and sustainability. The design document establishes an overall agricultural theme and quality for Heritage Grove. It illustrates and directs the intended architectural, landscape, and site elements to reinforce the theme and quality. Criteria and examples of design and treatments are provided throughout the document.
The proposed development is required through the Heritage Grove Design Guidelines to install a community corner paseo at the southwest corner of N. Clovis and E. Perrin Avenues. The previously approved TM6343, located at the southwest area of Behymer Avenue and the Sunnyside Avenue alignment, will be the first of its kind to install the corner gateway feature.
The final design is still in progress, aiming to establish a design that meets the intent provided in the Heritage Grove Design Guidelines. Therefore, the final design as established with TM6343 will be carried out with this development.
Vesting Tentative Tract Map Required Findings and Analysis The following are findings required to approve a vesting tentative tract map. (CMC §§ 9.102.060, subd. (A), and 9.102.110, subd. (C).)
1. The proposed map, subdivision design, and improvements are consistent with the General Plan and any applicable specific plan.
The proposed map (TM6467) design maintains consistency with both the General Plan and the proposed PDP. The Project meets various goals and policies of the General Plan, as stated in the Consistency with General Plan Goals and Policies section of this report. All improvements will adhere to the conditions of approvals and City standards. The specifics of these improvements will undergo scrutiny during the City's civil plan review process to ensure compliance with standards.
2. The site is physically suitable for the type and proposed density of development.
Refer to number 5 of the Findings for Planned Development Permit section.
3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
As described in the Initial Study/Mitigated Negative Declaration prepared for the Project (Attachment 8), environmental impacts were determined to be less than significant with implementation of mitigation measures. Consequently, the Project 2575
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is not anticipated to inflict substantial environmental harm or endanger fish and wildlife.
4. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems.
The design of the Project will comply with the Development Code, Fire Department standards, and Building Code regulations to ensure adherence to public health and safety requirements. Furthermore, during review of the Project, agencies and City departments had the opportunity to review the Project to ensure consistency with City codes and regulations and no serious public health or safety concerns were identified. Therefore, the Project was determined not to be detrimental to the public interest, health, safety, or general welfare of the City.
5. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This finding may also be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision.
During the final map review process conducted by the City's Engineering Division, all easements will be identified. Additionally, during the final map review, the City Engineer and other outside agencies will ensure that no conflicts with easements would occur as a result of the Project. As needed, alternate easements will be found that will be substantially equivalent to those previously required in TM6467.
6. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.
The City Engineer has determined that the City has the capacity to accommodate the proposed Project. Installation of sewer lines within the proposed subdivision and beyond its borders will adhere to the regulations set forth by the California Regional Water Quality Control Board.
7. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities.
The proposed subdivision will comply with the CMC and California Building Code requirements as it relates to heating and cooling opportunities within TM6467. 2576
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8. The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law.
The proposed subdivision comprises of single-family housing, consistent with the prescribed land uses outlined in the General Plan. The existing R-1-PRD Zone District allows for the proposed use and PDP development standards. The proposed development will process an RSPR application, where aesthetics and design will be evaluated in compliance with the Development Code and established PDP development standards.
Consistency with General Plan Goals and Policies
Staff has evaluated the Project in light of the goals and policies of the General Plan. The following goals and policies reflect Clovis' desire to maintain Clovis’ tradition of responsible planning and well-managed growth to preserve the quality of life in existing neighborhoods and ensure the development of new neighborhoods with an equal quality of life. These goals and polices seek to foster more compact development patterns that can reduce the number, length, and duration of auto trips.
Goal 3: Orderly and sustainable outward growth into three Urban Centers with neighborhoods that provide a balanced mix of land uses and development types to support a community lifestyle and small-town character.
Policy 3.5 Fiscal sustainability. The City shall require establishment of community facility districts, lighting and landscaping maintenance districts, special districts, and other special funding or financing tools in conjunction with or as a condition of development, building or permit approval, or annexation or sphere of influence amendments when necessary to ensure that new development is fiscally neutral or beneficial.
Policy 3.6 Mix of housing types and sizes. Development is encouraged to provide a mix of housing types, unit sizes, and densities at the block level.
Goal 5: A city with housing, employment, and lifestyle opportunities for all ages and incomes of residents.
Policy 5.1: Housing variety in developments. The Clovis General Plan has been planned to provide a variety of housing product types suitable to each stage of a person’s life. Each development should contribute to a diversity of housing sizes and types within the standards appropriate to the land use designation. This policy does not apply to projects smaller than five acres.
Planning Commission Hearing – November 21, 2024
On Thursday, November 21, 2024, the Planning Commission considered the Project, with staff presenting the Project alongside its recommendations and detailed information as described in the staff report. Staff did not receive opposing comments from any of the surrounding property 2577
AGENDA ITEM NO. 17.
owners and no one spoke in opposition of the project during the hearing. After discussion, the Planning Commission voted to recommend that the Council approve the entitlements associated with the Project. All the items were approved with a vote of 3-1-1, with Commissioner Bedsted voting no and Chair Antuna absent. During the Commission’s deliberation on the project, Commissioner Bedsted noted concerns regarding lot sizes, lack of sidewalks, and the design of the tract.
Public Comments
The City published a notice of this public hearing in The Business Journal on Wednesday, December 4, 2024. A public hearing notice was sent to area residents within 1,500 feet of the Property boundaries for the December 16, 2024, City Council hearing. As of the completion of this staff report, staff has not received any comments from the public.
Review and Comments from Agencies
The Project was distributed to all City divisions as well as outside agencies, including Caltrans, Clovis Unified School District, Fresno Irrigation District, Fresno Metropolitan Flood Control District, AT&T, PG&E, San Joaquin Valley Air Pollution Control District, State Department of Fish and Wildlife, and the County of Fresno.
Comments received are attached (Attachment 7) only if the agency has provided concerns, conditions, or mitigation measures. Routine responses and comment letters are placed in the administrative record and provided to the Applicant for their records.
Community Facilities District
The fiscal analysis of the Heritage Grove Master Plan identified possible long-term funding shortfalls in the Clovis Citywide operating and maintenance costs. To address this issue the City of Clovis implemented a Community Facilities District. Community Facilities Districts (CFDs) are a means of providing additional funding for the provision of public facilities and services for public safety in newly developing areas of the community where the city would not otherwise be able to afford to continue to provide an adequate level of service as the City continues to grow. The use of CFDs is fairly common among cities in California experiencing high rates of growth, such as Clovis, due to significant losses of local revenue from tax shifts authorized by the State of California and the need to continue to provide an adequate level of service as growth occurs. A condition of approval has been added to this tentative map requiring participation of this vesting tentative map in the CFD.
California Environmental Quality Act (CEQA)
The City of Clovis has completed an Initial Study (see Attachment 8) assessing the Project’s impact on natural and manmade environments, as required by the State of California. Staff is recommending approval of a mitigated negative declaration (“MND”). An MND is a written statement announcing that this project will not have a significant effect on the environment with the implementation of mitigation measures. The complete Initial Study/Mitigated Negative Declaration is provided as Attachment 8 and may also be found on the City’s website at:
https://cityofclovis.com/planning-and-development/planning/ceqa/. 2578
AGENDA ITEM NO. 17.
In summary, environmental impacts were determined to be found less than significant with implementation of mitigation measures for greenhouse gas emissions, biological resources, cultural resources, transportation, vehicle miles traveled, and tribal cultural resources (See the Mitigation and Monitoring Program attached hereto as part of Attachment 8). The Notice of Intent to adopt an MND was posted to the City’s website at the web address listed above (Cal.
Code Regs., Tit.14, § 15072, subd. (b)(2).). The proposed MND was made available for public comment and review at the City’s Planning and Development Services Department from October 31, 2024, and will conclude December 2, 2024. (Cal. Code Regs., Tit. 14, § 15073, subd. (a).)
FISCAL IMPACT
None.
REASON FOR RECOMMENDATION
The proposed Project will provide a diversity in housing types, contribute a quality residential product and further advance growth within the Heritage Grove growth area as envisioned by the General Plan. The Project does not substantially impact sewer, water and other public services and will contribute to their proportionate share of infrastructure and open space. The Project is consistent with the goals and policies of the General Plan and Development Code. Additionally, each component of the Project meets the findings that must be considered when making a decision on a project, as outlined in the sections above. Staff therefore recommends the City Council adopt a MND and mitigation monitoring program in accordance with CEQA, and approve TM6467 and PDP2024-003, subject to the conditions of approval provided in Attachments 1A, 2A, and 3A.
ACTIONS FOLLOWING APPROVAL
None.
CONFLICT OF INTEREST
None.
Prepared by: Marissa Parker, Assistant Planner
Reviewed by: City Manager JH
2579
AGENDA ITEM NO. 17.
Attachment 1
RESOLUTION 24-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS ADOPTING A MITIGATED NEGATIVE DECLARATION FOR VESTING TENTATIVE TRACT MAP 6467 AND PLANNED DEVELOPMENT PERMIT 2024-003, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES
WHEREAS, Bonadelle Homes, 7030 Fruit Avenue #101, Fresno, CA 93711, has submitted various applications including, Vesting Tentative Tract Map 6467 (TM6467) and Planned Development Permit (PDP) 2024-003 (“Project”) for property located south of E. Perrin Avenue, between N. Minnewawa Avenue and the N. Clovis Avenue Alignment (“Property”); and WHEREAS, the City of Clovis (“City”) caused to be prepared an initial study (hereinafter incorporated by reference) to evaluate potential environmental impacts from the Project, and on the basis of that study, it was determined that no significant environmental impacts would result from this Project with the adoption of mitigation measures; and WHEREAS, the City adopted a Supplemental Environmental Impact Report (SEIR) for the 2014 General Plan Circulation Element Update on October 17, 2022. The SEIR evaluated potential land uses consistent with the General Plan and their associated VMT impacts. The SEIR finds that implementation of the 2014 General Plan may result in VMT metrics that are greater than the applicable thresholds. Mitigation measures include policies to reduce VMT.
Because the City cannot demonstrate that the implementation of these policies would achieve VMT reductions to meet the VMT thresholds, the impacts would remain significant and unavoidable. Therefore, following approval of the SEIR, individual land use development projects that are consistent with the 2014 General Plan have the opportunity to tier their environmental review from the General Plan SEIR. The SEIR has disclosed the VMT impacts of land use development consistent with the General Plan. Therefore, significant and unavoidable VMT impacts associated with the General Plan have already been disclosed. Because the proposed Project is consistent with the 2014 General Plan, the Project’s significant transportation impact does not require a project specific EIR. Overall, the Project, as determined to be consistent with the 2014 General Plan, would result in a Significant and Unavoidable impact; and
WHEREAS, on the basis of this initial study, a proposed mitigated negative declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code, section 21000, et seq., and Guidelines for implementation of CEQA, 14 California Code of Regulations, sections 15000, et seq.; and
WHEREAS, the Planning Commission considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program on November 21, 2024, recommending approval of said MND and MMRP; and
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AGENDA ITEM NO. 17.
WHEREAS, the notice of intent to adopt a mitigated negative declaration was posted to City’s website in accordance with CEQA Guidelines section 15072, subdivision (b)(2), and notice of the public hearing for this item was published with the Fresno Business Journal on December 2, 2024; and
WHEREAS, the City Council has independently reviewed, evaluated, and considered the CEQA analysis outlined in the staff report, initial study, mitigated negative declaration, mitigation monitoring and reporting program, and all comments, written and oral, received from persons who reviewed the mitigated negative declaration, or otherwise commented on the Project (Administrative Record).
NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:
1. The foregoing recitals as true and correct.
2. The initial study and mitigated negative declaration for the Project are adequate, reflect the City’s independent judgment and analysis, and have been completed in compliance with CEQA and the CEQA Guidelines.
3. That the initial study and mitigated negative declaration were presented to the Planning Commission and the Planning Commission has independently reviewed, evaluated, and considered the initial study, mitigated negative declaration and all comments, written and oral, received from persons who reviewed the initial study and mitigated negative declaration, or otherwise commented on the Project (Administrative Record) prior to approving the Project.
4. On the basis of the whole record, that there is no substantial evidence that the Project will have a significant effect on the environment with the adoption of the mitigation measures identified in Attachment A.
5. The mitigated negative declaration and the mitigation monitoring program set forth in Attachment A, including the mitigation measures identified therein and as described in the mitigated negative declaration itself are hereby adopted.
6. Directs that the record of these proceedings shall be contained in the Department of Planning and Development Services located at 1033 Fifth Street, Clovis, CA 93612, and the custodian of the record shall be the City Planner or other person designated by the Planning and Development Services Director.
7. The Planning and Development Services Director, or his/her designee, is authorized to file a notice of determination for the Project in accordance with CEQA and to pay any fees required for such filing.
8. The basis for the findings is detailed in the November 21, 2024, staff report, which is hereby incorporated by reference in its entirety, the entire Administrative Record, 2581
AGENDA ITEM NO. 17.
as well as evidence and comments presented in connection with the mitigated negative declaration.
* * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: December 16, 2024
______________________________ ______________________________ Mayor City Clerk
2582
AGENDA ITEM NO. 17.
ATTACHMENT A:
Mitigation Monitoring Program – TM6467
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Air Quality
AIR-1 Before a construction permit is issued for the
proposed project, the project applicant, project
sponsor, or construction contractor shall
submit documentation demonstrating
reasonably detailed compliance with the
following requirements to the City of Clovis:
(1) Where portable diesel engines are used
during construction, all off-road equipment with
engines greater than 50 horsepower shall have
engines that meet or exceed either United
States Environmental Protection Agency
(EPA) or California Air Resources Board
(CARB) Tier 4 Interim off-road emission
standards or be equipped with Level 3 diesel
particulate filters. Tier 4 Interim engines shall,
at a minimum, meet EPA or CARB particulate
matter emissions standards for Tier 4 Interim
engines. Alternatively, use of CARB-certified
Level 3 diesel particulate filters on off-road
equipment with engines greater than 50
horsepower can be used in lieu of Tier 4
Interim engines or in combination with Tier 4
Interim or better engines. The construction
contractor shall maintain records documenting
its efforts to comply with this requirement,
including equipment lists. Off-road equipment
descriptions and information shall include, but
City of Clovis
Planning
Prior to Permits
and During
Construction
2583
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
are not limited to, equipment type, equipment
manufacturer, equipment identification
number, engine model year, engine
certification (Tier rating), horsepower, and
engine serial number. The project applicant
and/or construction contractor shall submit the
construction operations plan and records of
compliance to the City of Clovis.
Biological Resources
BIO-1 If ground disturbance (including grading,
grubbing, home demolition, tree removal, or
construction equipment and materials
mobilization) is initiated during the nesting
season (February 1 – August 31), a preconstruction survey for potential nesting raptors, migratory birds, and burrowing is
recommended.
City of Clovis
Planning
Prior to Permits
and During
Construction
Cultural Resources
CULT-1 If archaeological or tribal resources or
materials are encountered during construction
activities, all work in the immediate vicinity of
the find shall halt until a qualified professional
archaeologist, can evaluate the significance of
the find and make recommendations. Cultural
resource materials may include prehistoric
resources such as flaked and ground stone
tools and debris, shell, bone, ceramics, and
fire-affected rock as well as historic resources
such as glass, metal, wood, brick, or structural
remnants.
City of Clovis
Planning
Prior to Permits
and During
Construction
2584
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
If the qualified professional archaeologist
determines that the discovery represents a
potentially significant cultural resource,
additional investigations may be required to
mitigate adverse impacts from project
implementation. These additional studies may
include avoidance, testing, and evaluation or
data recovery excavation.
If a potentially-eligible resource is encountered,
then the qualified professional archaeologist, the
Lead Agency, and the project proponent shall
arrange for either 1) total avoidance of the resource
or 2) test excavations to evaluate eligibility and, if
eligible, total data recovery. The determination
shall be formally documented in writing and
submitted to the Lead Agency as verification that
the provisions for managing unanticipated
discoveries have been met.
CULT-2 If human remains are discovered during
construction or operational activities, further
excavation or disturbance shall be prohibited
pursuant to Section 7050.5 of the California
Health and Safety Code and Project shall
follow the procedures and protocols set for un
CEQA Guidelines Section 15064.4(e)(1). If
human remains are identified to be those of
Native American, California Health and Safety
Code 7050.5 requires the County coroner
notify the NAHC within 24 hours of discovery.
All reports, correspondence, and
determinations regarding the discovery of
City of Clovis
Planning
Prior to Permits
and During
Construction
2585
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
human remains on the project site shall be
submitted to the Lead Agency.
Geological Resources
GEO-1 If prehistoric or historic-era cultural materials are encountered during construction activities,
all work in the immediate vicinity of the find
shall halt until a qualified professional
archaeologist and/or paleontologist, can
evaluate the significance of the find and make
recommendations. Cultural resource materials
may include prehistoric resources such as
flaked and ground stone tools and debris, shell,
bone, ceramics, and fire-affected rock as well
as historic resources such as glass, metal,
wood, brick, or structural remnants.
If the qualified professional determines that the
discovery represents a potentially significant
cultural resource, additional investigations may
be required to mitigate adverse impacts from
project implementation. These additional
studies may include avoidance, testing, and
evaluation or data recovery excavation.
If a potentially-eligible resource is
encountered, then the qualified professional
archaeologist and/or paleontologist, the Lead
Agency, and the project proponent shall
arrange for either 1) total avoidance of the
resource or 2) test excavations to evaluate
eligibility and, if eligible, total data recovery.
The determination shall be formally
City of Clovis
Planning
Prior to Permits
and During
Construction
2586
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
documented in writing and submitted to the
Lead Agency as verification that the provisions
for managing unanticipated discoveries have
been met.
Greenhouse Gas Emissions
GHG-1 In order to meet the 2022 Scoping Plan GHG
requirements, consistent with State GHG
reduction and equity prioritization goals, each
residential unit shall provide electric vehicle
charging capabilities as part of the final project
designs.
City of Clovis
Planning
Prior to Permits
and During
Construction
Tribal Cultural Resources
TCR-1
If archaeological or tribal resources or materials are
encountered during construction activities, all work
in the immediate vicinity of the find shall halt until a qualified professional archaeologist, can evaluate
the significance of the find and make
recommendations. Cultural resource materials may
include prehistoric resources such as flaked and
ground stone tools and debris, shell, bone,
ceramics, and fire-affected rock as well as historic
resources such as glass, metal, wood, brick, or
structural remnants.
If the qualified professional archaeologist
determines that the discovery represents a
potentially significant cultural resource, additional
investigations may be required to mitigate adverse
impacts from project implementation. These
additional studies may include avoidance, testing,
and evaluation or data recovery excavation.
City of Clovis
Planning
Prior to Permits
and During
Construction
2587
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
If a potentially-eligible resource is encountered,
then the qualified professional archaeologist, the
Lead Agency, and the project proponent shall
arrange for either 1) total avoidance of the resource
or 2) test excavations to evaluate eligibility and, if
eligible, total data recovery. The determination
shall be formally documented in writing and
submitted to the Lead Agency as verification that
the provisions for managing unanticipated
discoveries have been met.
TCR-2 If human remains are discovered during
construction or operational activities, further
excavation or disturbance shall be prohibited
pursuant to Section 7050.5 of the California
Health and Safety Code and Project shall
follow the procedures and protocols set for un
CEQA Guidelines Section 15064.4(e)(1). If
human remains are identified to be those of
Native American, California Health and Safety
Code 7050.5 requires the County coroner
notify the NAHC within 24 hours of discovery.
All reports, correspondence, and
determinations regarding the discovery of
human remains on the project site shall be
submitted to the Lead Agency.
City of Clovis
Planning
Prior to Permits
and During
Construction
2588
AGENDA ITEM NO. 17.
Attachment 2
RESOLUTION 24-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING VESTING TENTATIVE TRACT MAP TRACT MAP 6467 FOR A 162-LOT SINGLEFAMILY SUBDIVISION ON APPROXIMATELY 14.57 ACRES OF PROPERTY LOCATED SOUTH OF E. PERRIN AVENUE, BETWEEN N. MINNEWAWA AND THE N. CLOVIS AVENUE ALIGNMENT
WHEREAS, Bonadelle Homes (“Applicant”), 7030 Fruit Avenue #101, Fresno, CA 93711, has submitted an application for Vesting Tentative Tract Map 6467 (“TM6467”) (“Project”) for property located south of E. Perrin Avenue, between N. Minnewawa and the N. Clovis Avenue Alignment (“Property”); and
WHEREAS, the Planning Commission considered TM6467 on November 21, 2024 recommending approval of said map; and
WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and
WHEREAS, the City of Clovis published notice of the public hearing in the Fresno Business Journal on December 2, 2024 mailed public notices to property owners within 950 feet of the Property, twenty-one (21) days prior to said Planning Commission hearing, and otherwise posted notice of the Public Hearing in accordance with applicable law; and WHEREAS, the proposed TM6467 was presented to the City Council for approval in accordance with the Subdivision Map Act and Chapter 102 of Title 9 of the Clovis Municipal Code (Development Code); and
WHEREAS, a duly noticed hearing was held on December 16, 2024, at which time the City Council considered TM6467; and
WHEREAS, the City Council has given careful consideration to this map on December 16, 2024, and considered the CEQA analysis outlined in the staff report and elsewhere in the Administrative Record which determines that said map meets the requirements pursuant to CEQA Guidelines and does adopt the mitigated negative declaration and the mitigation monitoring program for the Project; and WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to TM6467, which is on file with the City of Clovis Department of Planning and Development Services, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing, and the conditions of approval attached as Attachment 3A to this Resolution, which are incorporated herein by this reference (“Administrative Record”). 2589
AGENDA ITEM NO. 17.
NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE
PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:
1. The City Council hereby approves TM6467 as shown in Attachment A, subject to the conditions of approval set forth in Attachment B to this Resolution.
2. TM6467 satisfies the required findings for approval of a Vesting Tentative Tract Map, as follows:
a. The proposed map, subdivision design, and improvements are consistent with the General Plan and any applicable specific plan.
b. The Project site is physically suitable for the type and proposed density of development.
c. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
d. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems.
e. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
f. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.
g. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities.
h. The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law.
3. Without the conditions of approval (Attachment B of this resolution), the City Council could not make the findings necessary for approval of TM6467 (attached and labeled Attachment A).
4. The basis for the findings is detailed in the December 16, 2024, staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing. 2590
AGENDA ITEM NO. 17.
* * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: December 16, 2024
______________________________ ______________________________ Mayor City Clerk
2591
AGENDA ITEM NO. 17.
Attachment A
Conditions of Approval – TM6467
Planning Division Comments
(Marissa Jensen, Assistant Planner – 559-324-2338)
1. The developer shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program prepared for the Project, included as Attachment 1A to the staff report.
2. TM6467 is approved per Attachment 2B.
3. This Project is subject to the development standards of the Heritage Grove Master Plan.
4. The proposed project shall produce a comprehensive development of superior quality than which might otherwise occur from more traditional development on the site which will be reviewed and approved through the civil plan review process and residential site plan review (RSPR).
5. The developer shall obtain City approval in advance of temporary and permanent subdivision signs through separate sign review, consistent with the development criteria of the Development Code Sign Ordinance.
6. No more than two of the same unit type (floor layout and exterior materials package) shall be repeated side by side. When two of the same units are repeated side by side, they shall be different colors. These identical provisions may be waived by the City Planner on a specific lot basis within the project when the size or configuration of a lot would otherwise prevent compliance with the above requirements of any other siting or setback/yard requirements established under this application. If such a waiver is requested, the developer and City Planner shall work together to ensure that any sitings of units not in compliance with the above requirements shall be of different materials and elevations in order to minimize any adverse visual impacts that may result.
7. TM6467 is subject to the development standards of Planned Development Permit (PDP) 2024-003 and any amendments thereafter. Any development standards not expressed within PDP2024-003 and TM6467 shall be subject to the underlying Zone District R-1-PRD Standards and Guidelines, and the Development Code.
8. A RSPR is required to memorialize building plans and elevations for the different product types of TM6467. Specific color and materials of the models, walls, amenities, landscaping, and fencing will be evaluated through the civil plans.
9. Setbacks shall be measured to the exterior face of the framing of the structure.
Exceptions to the setbacks are identified in §9.24.100, of the Development Code.
10.Development standards for the lots of TM6467 shall be as follows:
2592
AGENDA ITEM NO. 17.
Standards Harvest Product
(162 lots)
Minimum Lot Size (Square Feet) 2,220
Minimum Parcel Width 37 feet
Minimum Curved Parcel Width 60 feet
Minimum Corner Parcel Width 37 feet
Minimum Parcel Depth 60 feet
Maximum Lot Coverage 65 %
Maximum Height 35 feet / 2 Stories
Front (Garage) Setback 5 feet
Front (Living) Setback 5 feet
Setback to Projections and/or Porch/ Patio 4 feet
Garage Side Setback 5 feet
Corner Street Side Setbacks 3 feet
Reversed Corner Street Side Setback 3 feet
Corner Street Side Fence Setback 3 feet
Interior Side Yard Setback (opposite from
garage) 3 feet
Rear Setback 5 feet
Garages
20’x20’ interior dimension (2-car)
12’x20’ interior dimension (1-car)
11.E. Perrin Avenue is designated as a Neighborhood Boulevard and shall have a 20- foot landscape/pedestrian setback, with a 10-foot landscape, 6-foot walk, and 4-foot landscape buffer setback.
12.N. Minnewawa Avenue is designated as a Thematic Street and shall have an 18-foot parkway, with a 9-foot landscape buffer adjacent to the right-of-way, 5-foot walk, and 4-foot landscape buffer setback.
13.N. Clovis Avenue is designated as a Community Boulevard and shall have an 20-foot parkway, with a 10-foot landscape buffer adjacent to the right-of-way, 6-foot walk, and 4-foot landscape buffer setback.
14.The developer shall construct a minimum six-foot high solid split face masonry wall along the Perrin, Clovis, and Minnewawa Avenue frontages of TM6467.
15.The developer shall utilize streetlights along local and private streets within the development area that are of the same design and luminosity as surrounding developments within Heritage Grove.
16.All lighting shall be screened from direct view from the public right-of-way and adjacent residential properties.
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AGENDA ITEM NO. 17.
17.All landscaping (open space and private yards) shall conform to the City of Clovis Water Efficient Landscape Ordinance.
18.Landscape plans shall be reviewed and approved separately by the landscape review committee with the civil set for tree and landscape type and location.
19.All lots shall provide an all-weather surface and path for the placement and storage of trash toters. The paved path shall lead from the street to the fenced noncovered patio areas within the 5-foot side yard to the street.
20.Landscape features and forms within amenity areas shall be consistent with Heritage Grove Design Guidelines. Details shall be provided in the construction plan.
21.The applicant must provide two (2) pocket parks totaling ±21,997 square feet inclusive of recreation centers with fitness rooms, covered dining areas, restrooms, open space areas, a pickleball court, and a pool as shown in Attachment 5.
22.The developer shall design and install the Community Gateway (Community Corner Paseo) at the southwest corner of N. Clovis and E. Perrin Avenues. The Corner Paseo shall be designed to meet the intent outlined in the Heritage Grove Guidelines.
23.As a public amenity for the Project, the developer shall contribute the dollar amount totaling $40,165 to the City for utilization in existing or future open space and/or park improvements.
24.The developer shall record a Covenant regarding a “right to farm,” for adjacent property owners. Such agreement shall be disclosed to all future home buyers.
25.The applicant shall record a Notice of Nonconformance dealing with any structure used for model homes where the garage is converted for the use as a sales office.
26.Upon final recordation of this vesting tentative tract map, it shall be the applicant’s responsibility to furnish to the Planning Department an electronic (PDF) copy of the original map obtained from the Fresno County Recorder’s Office.
27.The applicant shall relay all conditions of approval for TM6467 to all subsequent purchasers of individual lots, if applicable, and/or to subsequent purchasers of this entire tract map development.
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AGENDA ITEM NO. 17.
Fire Department Conditions
(Rick Fultz, Fire Department Representative – 559-324-2224)
FIRE DEPARTMENT ACCESS
28.All Weather Access &Water Supply: The applicant shall provide all weather access to the site during all phases of construction to the satisfaction of the approved Clovis Fire Department Standard #1.2 or #1.3.
29.Street Width: Fire apparatus access width shall be determined by measuring from “base of curb” to “base of curb” for roadways that have curbs. When roadways do not have curbs, the measurements shall be from the edge of the roadway surface (approved all weather surface).
30.Street Width for Single Family Residences: Minimum Access Road Width of 36 feet for Single Family Residences. Roads 36 feet or wider allow for Parking on both sides of street.
31.Turning Radius: All access way roads constructed shall be designed with a minimum outside turning radius of forty-five feet (45’)
32.Electric Operated Gates: The electric gate access feature shall require the following:
a. A lock box with a Best padlock (see the specifications on the next page). b. The entrance and exit gates shall default to an open position and remain open in the event of power failure at residential developments. At all other properties, the gate shall be openable manually in the event of a power failure.
c. A manual gate release shall be provided and accessible for emergency use.
d. All vehicle gates for developments containing dwellings or as required by the Fire Chief shall be equipped with an approved “Class II” modulated light detection system capable of receiving a modulated frequency of 14.035 Hz. plus or minus 0.250 Hz. The detection system shall be installed according to the manufacturer’s specifications. The light detection shall be installed to operate from any angle of approach by Clovis Fire Department Emergency Vehicles. Multiple light detection sensors may be required to be installed to allow access from different angles of approach. All light sensors are required to be tested by Clovis Fire Department Emergency Vehicles for approval.
e. All entrance and exit gates, when made active, shall move from completely closed to fully open, taking no more than 15 seconds. Once the gate is activated via the detection system or lock box, the gate shall remain open for 10 seconds minimum. Both entrance and exit shall open at the same time when the detection system or the lock box is activated. f. All electrical devices shall be UL listed.
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g. All exit gates shall open when a vehicle is prepared to exit the area without the use of a key, card or special knowledge.
h. Developments containing dwellings shall also provide a pedestrian gate in the area of the main gate that can be opened from the inside without a key or special knowledge. Other pedestrian gates may be required. i. Fire Department approval must be given prior to putting the gate into operation. Approval is granted only after passing a final inspection by the fire department. Please call 324-2200 to schedule the inspection.
FIRE HYDRANTS
33.Residential Fire Hydrant: The applicant shall install _10__4 ½” x 2 ½” approved Residential Type fire hydrant(s) and “Blue Dot” hydrant locators, paint fire hydrant(s) yellow with blue top and caps, and paint the curb red as specified by the adopted Clovis Fire Department Standard #1.4. See plans for locations of fire hydrants. Plans shall be submitted to the Clovis Fire Department for review and approval prior to installation. The hydrant(s) shall be charged and in operation prior to any framing or combustible material being brought onto the site. Hydrants curb markings and blue dots to be completed prior to occupancy of any homes.
Engineering / Utilities / Solid Waste Division Conditions (Sean Smith, Engineering Division Representative – 559-324-2363) (Paul Armendariz, Department Representative – 559-324-2649) Maps and Plans
34.The conditions of this tract map are written under the assumption that all dedications and improvements have been completed by the adjacent TM 6375 development, and that these dedications and improvements have been accepted by the City. Additional conditions shall be required at the discretion of the City Engineer, if the improvements and dedications by TM 6375 have not been accepted by the City.
35.The applicant shall have a final tract map prepared, in the form prescribed by the Subdivision Map Act and City of Clovis Municipal Code. The final tract map shall be submitted to the City of Clovis Engineering Division, and should include, but not be limited to, final tract map, the current filing fee, closure calculations, current preliminary title report, legal descriptions and drawings of required dedications.
36.The applicant shall submit separately to the City of Clovis Engineering Division, a set of construction plans on 24" x 36" sheets with City standard title block for all required improvements and a current preliminary title report. These plans shall be prepared by a registered civil engineer, and shall include a grading plan, landscape plan, a site plan showing trash enclosure locations and an overall site utility plan showing locations and sizes of sewer, water, storm drain, and irrigation mains, laterals, manholes, meters, valves, hydrants, fire sprinkler services, other facilities, etc. Plan check and inspection fees per City of Clovis Resolution No. 23-34 shall be paid with the first submittal of said plans. All plans shall be submitted at or before the time the 2596
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building plans are submitted to the Building Division and shall be approved by the City and all other involved agencies prior to the release of any development permits.
37.Prior to the initial submittal of the improvement plans, the applicant shall contact Sean Smith at (559) 324-2363 to setup a coordination meeting (Pre-submittal Meeting).
38.Upon approval of improvement plans, the applicant shall provide the City with the appropriate number of copies. After all improvements have been constructed and accepted by the City, the applicant shall submit to the City of Clovis Engineering Division (1) digital copy to the City in PDF format of the approved set of construction plans revised to accurately reflect all field conditions and revisions and marked "ASBUILT" for review and approval. Upon approval of the AS-BUILTs by the City, and prior to granting of final occupancy or final acceptance, the applicant shall provide to the City (1) digital copy in PDF format and two (2) bond copies.
39.The applicant shall comply with reporting requirements in accordance with Government Code 65940.1, which requires the City to, “request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued. The City shall post this information on its internet website, and update it at least twice per year.” General Provisions
40.The applicant shall pay all applicable development fees at the rate in effect at the time of payment and prior to final map approval by Council or have the fees payable directly to the City through a separate escrow account at the time of recordation of the map.
41.The applicant is advised that, pursuant to California Government Code, Section 66020, any party may protest the imposition of fees, dedications, reservations, or other exactions imposed on a development project by a local agency. Protests shall be filed in accordance with the provisions of the California Government Code and shall be filed within 90 days after conditional approval of this application is granted. The 90 day protest period for this project shall begin on the “date of approval” as indicated on the “Acknowledgment of Acceptance of Conditions” form.
42.All reimbursement requests shall be prepared and submitted in accordance with the requirements of the current version of the “Developer Reimbursement Procedures” a copy of which may be obtained at the City Engineer’s Office.
43.The applicant shall install all improvements within public right-of-way and easements in accordance with the City of Clovis standards, specifications, master plans, and record drawings in effect at the time of improvement plan approval. 2597
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44.The applicant shall address all conditions and be responsible for obtaining encroachment permits from the City of Clovis for all work performed within the City's right-of-way and easements.
45.The applicant shall submit a soils report or a waiver of soils report to the City of Clovis Engineering Division for approval by the City Engineer.
46.The applicant shall provide and pay for all geotechnical services per City policy.
47.The applicant shall comply with the requirements of the local utility, telephone, and cable companies. It shall be the responsibility of the applicant to notify the local utility, telephone, and cable companies for the removal or relocation of utility poles where necessary. The City shall not accept first submittals without proof that the applicant has provided the improvement plans and documents showing all proposed work to the utility, telephone, and cable companies. All utility vaults in which lids cannot be sloped to match proposed finished grading, local utilities have 5% max slope, shall be located in sidewalk areas with pedestrian lids so the lid slope matches sidewalk cross slope.
48.All existing overhead and new utility facilities located on-site, within alleys, or within the street right-of-way along the streets adjacent to this tract shall be undergrounded unless otherwise approved by the City Engineer.
49.The applicant shall contact and address all requirements of the United States Postal Service Clovis Office for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction.
50.The applicant shall contact and address Caltrans requirements, and be responsible for obtaining encroachment permits from Caltrans for all work performed within the State right-of-way. The applicant shall be required to mitigate impacts to State Highway facilities as determined by the City Engineer.
Dedications and Street Improvements
51.The applicant shall provide right-of-way acquisition or dedicate free and clear of all encumbrances and/or improve the following streets to City standards. The street improvements shall be in accordance with the City’s specific plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the type, location, and grades of existing improvements.
52.North Minnewawa Avenue – Along frontage dedicate to provide right-of-way acquisition for 42.5' (exist varies) east of centerline and 24.5’ (existing 20’) west of centerline, and improve with curb, gutter, sidewalk, curb return ramps, street lights, fiber optic conduit, landscape strip, 43' (20.5’ west + 22.5’ east) permanent paving, permanent paving and overlay as necessary to match the existing permanent pavement, 3' paved swale, and transitional paving as needed. 2598
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53.Perrin Avenue – Along frontage dedicate to provide right-of-way acquisition for 44.5' (exist 0') south of centerline and 24.5’ (existing 0’) of right-of-way north of centerline, and improve with curb, gutter, sidewalk, drive approaches, curb return ramps, street lights, fiber optic conduit, landscape strip, 43' (22.5’ south +20.5’ north) permanent paving, permanent paving and overlay as necessary to match the existing permanent pavement, 3' paved swale, and transitional paving as needed.
54.North Clovis Avenue – dedicate to provide right-of-way acquisition for 58’ (exist 0’) west of centerline and 48’ (exist 0’) east of centerline, and improve with curb, gutter, sidewalk, drive approaches, curb return ramps, street lights, fiber optic conduit, median island, median island landscaping and irrigation, landscape strip, 56' (28’ west + 28 east’) permanent paving, permanent paving and overlay as necessary to match the existing permanent pavement, 3' paved swale, and transitional paving as needed.
55.Community Corner Paseo – Dedicate to provide for and improve a community corner paseo at the southwest corner of North Clovis Avenue and Perrin Avenue.
56.Gated Developments – Provide ample vehicle stacking area outside the travel lanes of North Minnewawa and Perrin Avenues that will allow vehicles to wait as vehicles are accessing the control panel to open the security gates. Design a turn-a-round to allow vehicles that cannot enter the complex to return to the street without backing the vehicle up. Provide the Solid Waste Division with remote controls that will allow access for all solid waste and recycling vehicles.
57.Interior Streets – Dedicate to provide for 50’ or 54’ of right-of-way in conformance with the City policy on street widths, and improve with curb, gutter, 5’ sidewalk adjacent to the curb, drive approaches, curb return ramps, streetlights, permanent paving, and all transitional paving as needed.
58.Interior streets shall be private. For two-way traffic with no parking on both sides, the minimum travel width shall be 25’ with a clear width of 30’. For two-way traffic with parking on one side, the minimum travel width shall be 32’. For two-way traffic with parking on both sides, the minimum travel width shall be 36’.
59.Applicant shall provide for future circulation and access to the parcel east of the project and west of North Clovis Avenue.
60.Entry feature streets with median islands shall have a minimum of 22’ wide travel lanes in each direction with parking or without parking.
61.All Major Streets – Provide right-of-way acquisition sufficient to provide for the relocation of all remaining utility poles a minimum of 8' from the traveled lane. 2599
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62.Applicant shall design a traffic signal at North Clovis and Perrin Avenues, provide the necessary right-of-way for the signal in its ultimate location, and install the facilities along the project frontages.
63.The applicant shall relinquish all access to North Minnewawa, North Clovis, and Perrin Avenues.
64.The applicant shall provide a dedication for a 10' public utility easement, where applicable, along all public frontages. The applicant shall be responsible for obtaining approval by the utilities companies where alternate widths are provided. The applicant shall provide to the City copies of all final easements prior to final map acceptance.
65.For new onsite ADA paths of travel that connect to the City sidewalk, the applicant shall replace enough sidewalk to provide a compliant landing with appropriate transitions to existing sidewalk grades.
66.The applicant shall remove and repair all damaged or broken concrete improvements.
The City Engineer may require the repair of additional improvements if they are damaged prior to occupancy.
67.The applicant shall not install any fences, temporary or permanent in public right-ofway.
68.The applicant's engineer of record shall provide traffic geometric studies to determine exact limits of dedication(s) on North Minnewawa, North Clovis, and Perrin Avenues, and lengths and configuration of left turn, right turn pockets and bus bays. Additional dedication and improvements may be required depending on the traffic study.
69.The applicant shall provide preliminary title report, legal description and drawings for all dedications required which are not on the site. All contact with owners, appraisers, etc. of the adjacent properties where dedication is needed shall be made only by the City. The City will prepare an estimate of acquisition costs including but not limited to appraised value, appraisal costs, negotiation costs, and administrative costs. The applicant shall pay such estimated costs as soon as they are determined by the City.
70.The sideyard side of all corner lots shall have full width sidewalk except where planter strips or meandering sidewalk is proposed.
71.The applicant shall obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests.
72.The applicant shall, at the ends of any permanent pavement abutting undeveloped property, install 2" x 6" redwood header boards that shall be placed prior to the street surfacing.
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73.Standard barricades with reflectors shall be installed at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.
74.The applicant shall provide to the City for recording a reciprocal access agreement to maintain and provide vehicular, pedestrian and public access, prior to obtaining building permits.
Sewer
75.The applicant shall identify and abandon all septic systems to City standards.
76.The applicant shall install sanitary sewer mains of the size and in the locations indicated below, prior to occupancy. The sewer improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations. The improvements indicated below will provide temporary service until the improvements are installed that provide permanent service.
a. North Minnewawa Avenue – install 12" main along frontage to Perrin Avenue.
b. North Clovis Avenue – install 10" main along frontage. c. Perrin Avenue – install 10" main between North Clovis and North Minnewawa Avenues.
d. Interior Private Streets – install 8” mains.
77.Applicant shall provide sewer service to the parcel east of the project and west of North Clovis Avenue.
78.The applicant shall install one (1) 4" sewer service house branch to each lot within the tentative tract.
79.All existing sewer services that will not be used with this development shall be abandoned by cutting and capping the service at the right-of-way line.
80.The applicant shall notify all property owners annexed to the City and along streets where a new sewer main will be constructed to determine if they wish to be connected to City sewer. Property owners shall work directly with the applicant regarding costs and location. The applicant shall notify property owners that sewer connection fees are required if they choose to connect.
81.The City cannot guarantee at this time that sewer capacity will be available for this development when site construction occurs. The applicant, therefore, waives any claim or demand against the City for any delay in availability of sewer capacity for this subdivision.
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82.Applicant acknowledges that sewage collection and treatment capacity for the area within which the proposed subdivision is located is extremely limited, and that capacity may not be available to provide service for the proposed subdivision at such time as applicant is ready to seek approval of a final. Applicant acknowledges, understands, and agrees that if such sewage collection and treatment capacity is not available to serve the proposed subdivision, as determined in the sole and absolute discretion of the City of Clovis, the final map may not be approved. Notwithstanding the foregoing, applicant has freely and voluntarily chosen to proceed with the submittal and processing of the tentative map, intends to expend money, time and effort in connection therewith, and accepts the risks that the final map approval may be delayed until sufficient capacity is available as determined in the sole and absolute discretion of the City of Clovis. Applicant agrees to hold harmless and indemnify the City of Clovis from any and all claims, costs, expenses, and damages incurred or suffered by applicant, its principals, officers, employees, agents, or contractors, caused by, in connection with, or arising out of the unavailability of sewage collection or treatment capacity to serve the proposed subdivision, or the City’s refusal or failure to approve a final map for the proposed subdivision because of the unavailability of sewage collection or treatment.
83.Permanent service to the Project requires the improvements indicated below in accordance with the Sewer Master Plan. The City Engineer shall determine the timing of the improvements in the event they are installed by a City CIP project or development.
a. CIP Project 6-B (DeWolf Trunk Sewer System).
b. CIP Project 6-A (Shepherd / Willow Pump Station and Force Main System).
c. CIP Project AA (Phase 2 STWRF Expansion).
Water
84.The applicant shall identify and abandon all water wells to City standards.
85.The applicant shall install water mains of the sizes and in the locations indicated below, and provide an adequately looped water system prior to occupancy. The water improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations. The improvements indicated below will provide temporary service until the improvements are installed that provide permanent service. a. North Minnewawa Avenue – install 12” main along frontage to Perrin Avenue.
b. North Clovis Avenue – install 12" main along frontage. c. Perrin Avenue – install 12" main between North Minnewawa & North Clovis Avenues.
d. Interior Private Streets – install 8” mains.
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e. Applicant shall provide water service to the parcel east of the project and west of North Clovis Avenue.
86.Install facilities to provide separation between Pressure Zone 2 east of North Minnewawa Avenue and Pressure Zone 1 west of North Minnewawa Avenue.
87.The applicant shall install a City standard water service to each lot of the proposed subdivision. Water services shall be grouped at property lines to accommodate automatic meter reading system, including installation of connecting conduit. The water meter shall be placed in the sidewalk and not in planters or driveways.
88.All existing water services that will not be used with this development shall be abandoned by closing the service’s corporation stop and creating a physical separation between the corporation stop and the service.
89.The applicant shall notify all property owners’ annexed to the City and along streets where a new water main will be constructed to determine if they wish to be connected to City water. Property owners shall work directly with the applicant regarding costs and location. The applicant shall notify property owners that water connection fees are required if they choose to connect.
90.Prior to recording a final map of any phase, the applicant shall demonstrate to the satisfaction of the City Fire Chief and City Engineer that there is adequate water pressure to serve the units to be constructed. The applicant shall work with the City Engineer to determine the adequacy of water supply/pressure for the proposed development.
91.Applicant acknowledges that water distribution and treatment capacity for the area within which the proposed subdivision is located is extremely limited, and that distribution may not be available to provide service for the proposed subdivision at such time as applicant is ready to seek approval of a final map. Applicant acknowledges, understands, and agrees that if such water distribution and treatment capacity is not available to serve the proposed subdivision, as determined in the sole and absolute discretion of the City of Clovis, the final map may not be approved.
Notwithstanding the foregoing, applicant has freely and voluntarily chosen to proceed with the submittal and processing of the tentative map, intends to expend money, time and effort in connection therewith, and accepts the risks that the final map approval may be delayed until sufficient distribution is available as determined in the sole and absolute discretion of the City of Clovis. Applicant agrees to hold harmless and indemnify the City of Clovis from any and all claims, costs, expenses, and damages incurred or suffered by applicant, its principals, officers, employees, agents, or contractors, caused by, in connection with, or arising out of the unavailability of water distribution or treatment capacity to serve the proposed subdivision, or the City’s refusal or failure to approve a final map for the proposed subdivision because of the unavailability of water distribution or treatment capacity. 2603
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92.The Project requires the improvements indicated below in accordance with the Water Master Plan. The City Engineer shall determine the timing of the improvements in the event they are installed by a City CIP project or development. a. P-3 (16” Water Main)
b. P-4 (12” Water Main)
c. P-35 (12” Water Main)
d. T-6 (3.5 MG Tank)
e. T-9 (7 MG Tank)
Recycled Water
93.The applicant shall install recycled water mains of the sizes and in the locations indicated below. The recycled water improvements shall be in accordance with the City’s master plans and shall match existing improvements. All areas utilizing recycle water for irrigation shall be clearly marked on the improvement plans. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and may require appropriate calculations.
a. North Minnewawa Avenue – install 8” main along the property frontage to Perrin Avenue.
b. North Clovis Avenue – install 16” main along the property frontage. c. Perrin Avenue – install 10” recycled water main from North Minnewawa Avenue to North Clovis Avenue.
d. Paseos, Trails, and Neighborhood Parks – install mains as necessary to serve the paseos, trails, and the neighborhood parks.
Grading and Drainage
94.The applicant shall contact the Fresno Metropolitan Flood Control District (FMFCD) and address all requirements, pay all applicable fees required, obtain any required NPDES permit, and implement Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to reduce or eliminate storm water pollution. Plans for these requirements shall be included in the previously required set of construction plans, and shall be submitted to and approved by FMFCD prior to the release of any development permits.
95.In the event permanent storm drainage facilities are not available, the applicant shall provide temporary on-site retention basins for storm water disposal and provide a cash deposit for each basin to offset the City’s cost of maintaining the basins. The size and design shall be in accordance with the requirements of the City Engineer and may change based on design calculations and access requirements for maintenance. The temporary pond maintenance deposit shall be based on size, depth, expected maintenance schedule, etc. However, the property owner shall be responsible for periodic cleaning of toxic material. The temporary basin is solely for the convenience of the subdivision.
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96.The owner of the property on which the temporary basin(s) are located shall backfilled said basin(s) within ninety (90) days after notice is given by the City that the basin(s) are no longer needed. In the event the owner fails to backfill said basin(s) within said 90 days, the City may cause the basin to be backfilled. A lien to cover the cost of the work will be placed on the property, including the costs to prepare and enforce the lien. A covenant shall be prepared and recorded on the lot on which the basin(s) is/are located.
97.Grade differentials between lots and adjacent properties shall be adequately shown on the grading plan and shall be treated in a manner in conformance with City of Clovis Standard Drawing No. M-4 as modified by the City Council. Any retaining walls required on-site or in public right of way shall be masonry construction. All retaining walls shall be designed by a registered civil engineer.
Irrigation and Landscaping Facilities
98.The applicant, as a portion of the required tract improvements, shall provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-of-way and the area reserved for landscaping. The irrigation and landscape improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately registered professional at the applicant's expense and shall be approved by the City of Clovis Planning and Development Services Department and Public Utilities Department prior to the beginning of construction or the recording of the final tract map, whichever occurs first. Landscape and irrigation facilities that the City Landscape Maintenance District shall maintain: the, entry features, landscape strips along North Minnewawa, North Clovis, and Perrin Avenues, and the median islands in Clovis Avenue. The landscape strip around the planned unit development may be maintained by a perpetual maintenance covenant.
99.The owner shall request annexation to and provide a covenant for the Landscape Maintenance District. The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election shall be required for the establishment of the initial assessment. The assessment for each lot shall be obtained from the City for the tax year following the recordation of the final map. The estimated annual assessment per average sized lot is $540.26, which is subject to change prior to issuance of building permit or final tract map approval and is subject to an annual change in the range of the assessment in the amount of the Consumer Price Index, U.S. City Average, All Urban Consumers (CPI Index), plus two percent (2%). The additional landscaping enhancements that exceed the City norms and are specific benefit to the property, such as the entry feature, columns, monuments, interior median islands, round-a-bouts, special street lights, etc, if determined to be maintained by the Landscape Maintenance District, shall be maintained by an additional landscape maintenance assessment. The 2605
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applicant shall provide construction costs and deposit with the City an amount equal to 50% of the value of the enhanced landscaping hardscape features, or an alternate amount approved by the City Engineer, such as columns, monuments, and special street lights, that exceeds the City norms. The applicant shall provide the City with an estimate of the annual maintenance for the special lighting and landscaping enhancements that exceeds the City norms. The owner/developer shall notify all potential lot buyers before they actually purchase a lot that this tract is a part of a Landscape Maintenance District and shall inform potential buyers of the assessment amount. Said notification shall be in a manner approved by the City. The owner/developer shall supply all pertinent materials for the Landscape Maintenance District.
100. The applicant shall comply with the City of Clovis Water Efficient Landscape Requirements Ordinance.
101. The applicant shall contact and address all requirements of the Fresno Irrigation District (FID). This may include dedicating easements, piping or relocating any existing FID canals and ditches, replacing any existing irrigation piping, concrete lining or improving any existing canals, construction or reconstruction of any canals, culverts, and bridge crossings. Plans for these requirements and improvements shall be included as in the previously required set of construction plans, and shall be submitted to and approved by FID prior to the release of any development permits or recording of the final tract map. If a FID or private irrigation line is to be abandoned, the applicant shall provide waivers from all downstream users. 102. The applicant shall indicate on construction drawings the depth, location and type of material of any existing Fresno Irrigation District's irrigation line along the proposed or existing street rights-of-way or onsite. Any existing canals shall be piped. The material of the existing pipe shall be upgraded to the proper class of rubber gasket pipe at all locations unless otherwise approved by the City Engineer. 103. The applicant shall apply to the Fresno Irrigation District (FID) for transfer of irrigation water rights to the City of Clovis, if the property has not already been removed from FID and transferred to the City. The applicant shall execute a “Request for Change of Relative Value” that can be obtained and processed through FID. The applicant shall provide a copy of the completed form to the City. 104. All existing agricultural irrigation systems either on-site or in public right of way, whether FID or privately owned, shall be identified prior to any construction activity on the site. Service to all downstream users of irrigation water shall be maintained at all times through preservation of existing facilities or, if the existing facilities are required to be relocated, the relocation and replacement of the existing facilities. It is the intent that downstream users not bear any burden as a result of development of the site. Therefore, the applicant shall pay all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by the development of the site. The applicant shall identify on site plans and construction 2606
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plans, all existing irrigation systems and their disposition (abandonment, repair, relocation, and/or piping). The applicant shall consult with the Fresno Irrigation District for any additional requirements for lines to be abandoned, relocated, or piped. The applicant shall provide waivers from all users in order to abandon or modify any irrigation pipelines or for any service interruptions resulting from development activities.
105. The applicant shall provide a landscape and irrigation perpetual maintenance covenant recorded for landscaping installed in the public right-of-way behind the curb including easements that will not be maintained by the Clovis Landscape Maintenance District. A recordable covenant shall be submitted to and approved by the City of Clovis City Engineer prior to final map approval.
106. The applicant shall provide a perimeter wall perpetual maintenance covenant on all properties that have a perimeter wall that is installed on private property. A recordable covenant shall be submitted to and approved by the City of Clovis City Engineer prior to final map approval.
Miscellaneous
107. The applicant shall install street lights. Street lights along the major streets shall be installed on metal poles to local utility provider’s standards at the locations designated by the City Engineer. Street light locations shall be shown on the utility plans submitted with the final map for approval. Street lights at future traffic signal locations shall be installed on approved traffic signal poles, including all conduits and pull boxes. Street lights along the major streets shall be owned and maintained by local utility providers. Proof of local utility provider’s approval shall be provided. The applicant may install thematic lighting, as approved by the City Engineer. If the applicant chooses to install thematic lighting, the applicant shall provide a conceptual lighting plan identifying adjacent properties that may be incorporated with thematic lights to create a neighborhood effect. Thematic lighting owned by the City shall be maintained by an additional landscape maintenance assessment. 108. The applicant shall provide a Solid Waste Receptacle Locations covenant for Lots 4, 5, 20, 21, 34, 35, 56, 57, 70 – 74, 110, and 111, and any other lot located where solid waste receptacles cannot be properly serviced as determined by the Solid Waste manager. A recordable covenant shall be submitted to and approved by the City of Clovis City Engineer prior to final map approval.
109. The applicant shall install all major street monumentation and section corner monumentation within the limits of the project work in accordance with City Standard ST-32 prior to final acceptance of the project. Monumentation shall include all section corners, all street centerline intersection points, angle points and beginning and end of curves (E.C.'s & B.C.'s). The applicant/contractor shall furnish brass caps. Any existing section corner or property corner monuments damaged by this development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil 2607
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engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance. Brass caps required for installation of new monuments or replacement of existing monuments shall be provided by the contractor/the applicant and approved by City prior to installation. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the applicant shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.
110. A deferment, modification, or waiver of any engineering conditions shall require the express written approval of the City Engineer.
111. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.
Fresno Metropolitan Flood Control District (FMFCD) Comments (Amjad M. Qader, FMFCD Representative – 559-456-3292)
112. The applicant shall refer to the attached FMFCD correspondence. If the list is not attached, please contact the FMFCD for the requirements.
Fresno Irrigation District (FID) Comments
(Jeremy Landrith, Department Representative – 559-233-7161 ext. 7407) 113. The applicant shall refer to the attached FID correspondence. If the list is not attached, please contact the FID for the list of requirements.
County of Fresno Health Department Comments
(Kevin Tsuda, County of Fresno Health Department Representative – 559-600-3271) 114. The applicant shall refer to the attached Fresno County Health Department correspondence. If the list is not attached, please contact the Health Department for the list of requirements.
California Department of Transportation
(Christopher Xiong, Caltrans Representative – 559-908-7064) 115. The applicant shall refer to the attached Caltrans correspondence. If the list is not attached, please contact the Caltrans for the list of requirements.
County of Fresno Dept. of Public Works and Planning
(David Randall, Department Representative – 559-600-4052) 2608
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116. The applicant shall refer to the attached County of Fresno correspondence. If the list is not attached, please contact the County of Fresno for the list of requirements.
San Joaquin Valley Air Pollution Control District (SJVAPCD) (Ryan Grossman, District Representative – 559-230-6569) 117. The applicant shall refer to the attached SJVAPCD correspondence. If the list is not attached, please contact the SJVSPCD for the list of requirements.
Department of Toxic Substances Control
(Tamara Purvis, District Representative – [email protected]) 118. The applicant shall refer to the attached DTSC correspondence. If the list is not attached, please contact the DTSC for the list of requirements Administration Department Conditions
(John Holt, Department Representative – 324-2060)
119. Prior to approval, recordation or filing of an annexation, final map, or site plan, the property covered by the Project shall be included within or annexed to a Community Facilities District (CFD), established by the City for the provision of public facilities and services, for which proceedings have been consummated, and shall be subject to the special tax approved with the formation or annexation to the CFD. The CFD applies only to residential projects.
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AGENDA ITEM NO. 17.
Attachment 2B
AGENDA ITEM NO. 17.
Attachment 3
RESOLUTION 24-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING PLANNED DEVELOPMENT PERMIT 2024-003 FOR VESTING TENTATIVE TRACT MAP 6467 LOCATED SOUTH OF E. PERRIN, BETWEEN N. MINNEWAWA AVENUE AND THE N. CLOVIS AVENUE ALIGNMENT
WHEREAS, Bonadelle Homes (“Applicant”), 7030 Fruit Avenue #101, Fresno, CA 93711, submitted an application for Planned Development Permit (“PDP”) 2024-003 (“PDP2024-003”) to deviate from the R-1 Zone District development standards associated with Vesting Tentative Tract Map 6467 for a 162-lot single-family subdivision (“Project”) on approximately 14.57 acres of property located on the located south of E. Perrin, between N. Minnewawa Avenue and the N. Clovis Avenue Alignment (“Property”); and WHEREAS, PDP2024-003 is in keeping with the intent and purpose of Chapter 66 of Title 9 of the Clovis Municipal Code (Development Code); and WHEREAS, the Planning Commission considered PDP2024-003 on November 21, 2024, recommending approval of said PDP; and
WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on December 2, 2024 mailed public notices to property owners within 950 feet of the Property twenty-one (21) days prior to said City Council hearing, and otherwise posted notice of the Public Hearing according to applicable law; and WHEREAS, a duly noticed public hearing was held on December 16, 2024; and WHEREAS, the City Council has given careful consideration to this PDP on December 16, 2024, and considered the CEQA analysis outlined in the staff report and elsewhere in the Administrative Record which determines that the PDP meets the requirements pursuant to CEQA Guidelines and does adopt the mitigated negative declaration and the mitigation monitoring program for the Project; and WHEREAS, the City Council has reviewed and considered the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing, and the conditions of approval attached as Attachment A to this Resolution, which are incorporated herein by this reference.
NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE
PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:
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AGENDA ITEM NO. 17.
1. The City Council hereby approves PDP2024-003, subject to the conditions of approval set forth in Attachment A of this Resolution.
2. The Project satisfies the required findings for approval of a PDP, as follows:
a. The Project is allowed within the subject base zoning district. b. The Project is consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan. c. The Project is generally in compliance with all of the applicable provisions of this Development Code relating to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this chapter and the subject base zoning district, including prescribed development standards and applicable design guidelines. d. The Project ensures compatibility of property uses within the zoning district and general neighborhood of the proposed development.
e. The Project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, incorporation of a program of enhanced amenities, etc.) than which might otherwise occur from more traditional development applications.
f. Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare.
g. Proper on-site traffic circulation and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Division 2 of Title 9 of the Clovis Municipal Code (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
h. The subject Property is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development.
i. The design, location, operating characteristics, and size of the Project would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. 2612
AGENDA ITEM NO. 17.
3. Without the conditions of approval (Attachment A of this resolution), the City Council could not make the findings necessary for approval of PDP2024-003.
4. The basis for the findings is detailed in the December 16, 2024, staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing. * * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 16, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: December 16, 2024
_____________________________ ______________________________ Mayor City Clerk
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AGENDA ITEM NO. 17.
Attachment A
Conditions of Approval – PDP2024-003
Planning Division Comments
(Marissa Jensen, Assistant Planner – 559-324-2338)
1. The Project must produce a comprehensive development of superior quality than which might otherwise occur from more traditional development on the site. This will be reviewed and approved through the civil plan review process and residential site plan review.
2. The applicant must provide two (2) pocket parks totaling ±21,997 square feet, inclusive of a recreation center with fitness rooms, covered dining areas, restrooms, open space areas, a pickleball court, and a pool as designed in Attachment 5.
3. As a public amenity for the Project, the Applicant shall contribute the dollar amount totaling $40,165 to the City for utilization in existing or future open space and/or park improvements.
4. The developer shall construct a minimum six-foot high solid split face masonry wall along the Perrin, Clovis, and Minnewawa Avenue frontages of TM6467.
5. The developer shall design and install the Community Gateway (Community Corner Paseo) a community corner paseo is required at the southwest corner of N. Clovis and E. Perrin Avenues. The Corner Paseo shall be designed to meet the intent outlined in the Heritage Grove Guidelines.
6. The developer shall screen all ground mounted mechanical equipment from public view from abutting public streets and rights-of-way and open space uses. Screening material shall be constructed of materials consistent with the superior quality of the PDP and Heritage Grove Design Guidelines.
7. Landscape features and forms within amenity areas shall be consistent with Heritage Grove Design Guidelines. Details shall be provided in the construction plan.
8. No more than two (2) of the same unit type (floor layout and exterior materials package) shall be repeated side by side. When two (2) of the same units are repeated side by side, they shall be different colors. These identical provisions may be waived by the City Planner on a specific lot basis within the project when the size or configuration of a lot would otherwise prevent compliance with the above requirements of any other siting or setback/yard requirements established under this application. If such a waiver is requested, the developer and City Planner shall work together to ensure that any sitings of units not in compliance with the above requirements shall be of different materials and elevations in order to minimize any adverse visual impacts that may result.
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AGENDA ITEM NO. 17.
9. Setbacks shall be measured to the exterior face of the framing of the structure.
Exceptions to the setbacks are identified in section 9.24.100 of the Clovis Municipal Code.
10.Development standards for the lots of TM6467 shall be as follows:
Standards Harvest Product
(162 lots)
Minimum Lot Size (Square Feet) 2,220
Minimum Parcel Width 37 feet
Minimum Curved Parcel Width 60 feet
Minimum Corner Parcel Width 37 feet
Minimum Parcel Depth 60 feet
Maximum Lot Coverage 65 %
Maximum Height 35 feet / 2 Stories
Front (Garage) Setback 5 feet
Front (Living) Setback 5 feet
Setback to Projections and/or Porch/ Patio 4 feet
Garage Side Setback 5 feet
Corner Street Side Setbacks 3 feet
Reversed Corner Street Side Setback 3 feet
Corner Street Side Fence Setback 3 feet
Interior Side Yard Setback (opposite from
garage) 3 feet
Rear Setback 5 feet
Garages
20’x20’ interior dimension (2-car)
12’x20’ interior dimension (1-car)
11.All lighting shall be screened from direct view from the public right-of-way and adjacent residential properties.
12.The developer shall utilize streetlights along local streets within the development area that are of the same design and luminosity as surrounding developments within Heritage Grove.
13.A residential site plan review is required to memorialize building plans and elevations for the different product types of TM6467. Specific color and materials of the models, walls, amenities, landscaping, and fencing will be evaluated through the civil plans. 2615
AGENDA ITEM NO. 17.
DESIGNATION
BUILDING SETBACKS
BUILDING INTENSITY
GARAGES/STREETS/PARKING
Zone District
GP Density Range
Minimum Lot Area
Minimum Lot Width
Minimum Lot Depth
Front Yard
Side Yard
Corner/Reversed Corner
Dwelling Units
Garages
ACCESSORY USES
LAND USE
Maximum Height
STANDARD NOTES
5’ min/4’ min
5’ min/3’ min
3’ min
2,220 sq ft
37’
60’
Maximum Coverage 65%
R-1-PRD
4.1 - 7.0 du/ac
1-car
6’ min - 8’ high max
12’ high max
To garage, living area/porch or projections
5’ min one side/3’ min other side
Medium Density Residential
7.1 - 15.0 du/ac Medium-High Density Residential
12’x20’ min
Curb-to-curb with parking on both sides
All setbacks measured from PL.
General list of requirements and restrictions.
DEVELOPMENT STANDARDS
35’
For street frontage/For lot depth
2 story homes
162
SINGLE-FAMILY
RESIDENTIAL
Rear Yard nim’5
Streets (Interior) 36’ wide
34’ wide Curb-to-curb with parking on one side
Lots 1-4, 6, 7, 12-19, 31-33, 35, 44, 45, 53, 57-60,
74-76, 85-88, 98-109, 113-116, 133, 138, 139, 144,
147, 148, 151, 156, 157 & 162
(adjacent to perpendicular parking stalls)
All other lots
Parking 1 space/unit
2 spaces/unit
Curved, Cul-de-sac or
Corner Lot
37’ min/60’ min
2-car 20’x20’ min
Accessory Buildings
Covered Structures
Trellises
Walls/Fences
12’ high max
NOT TO SCALE
TRACT 6467
The imagery conveys samples of the architectural character intended for these neighborhoods. - SEC MINNEWAWA AVE & PERRIN RD
era snoitidda gnidliub dna serutcurts derevoC
allowed subject to review by HOA committee
and permitting by the City of Clovis, provided
that lot coverage standards are not exceeded
and that a rear yard encroachment permit is
obtained if encroachment into rear yard occurs.
SHEET 1 OF 1 - 9/6/24
Residential Land Use Development Standards
TRACT 6467
NOTE: Construction of more than two of the same
plan type in a row shall be addressed through the
Residential Site Plan Review process.
5’ min. on trash
toter side yard
65% max.
lot coverage
INTERIOR STREET
(Private)
INTERIOR STREET
(Private)
3’ min. side yard/
corner lot/
reversed corner lot
OUTLOT
37’ min.
lot width 5’ min. front yard setback to garage,
living area; 4’ min. setback to
porch or projections.
5’ min. to patio
or living area
60’ min. lot depth
Attachment 4
AGENDA ITEM NO. 17.
PRIVATE STREET PRIVATE STREET PRIVATE STREET
PRIVATE STREET
PRIVATE STREET
PRIVATE STREET
PRIVATE STREET PERRIN AVE. N. CLOVIS AVE.
Attachment 5
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PRIVATE STREET
PRIVATE STREET
PRIVATE STREET
N. MINNEWAWA AVE.
PRIVATE STREET
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PRIVATE STREET
PRIVATE STREET PRIVATE STREET
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AGENDA ITEM NO. 17.
OFFICE MEMO
DATE: 10/02/2024
TO: City of Clovis
FROM: Fresno County Transportation Planning
SUBJECT: Review of TM 6467
PROJECT OVERVIEW:
TM6467; A request to approve a vesting tentative tract map for a 162-lot singlefamily planned residential development. This entitlement is being processed concurrently with PDP2024-003. The project site is part of the RO310 (previously distributed with other entitlements on 9/17/2024) Table A: ITE Trip Generation (210 Single Family Detached Homes) Land Use/Project Dwelling Units Weekday A.M. Peak Hour P.M. Peak Hour Rate Total Rate Total Rate Total
TM 6467 162 9.43 1528 .75 122 .99 160
Total Net New Project
Trips +1528 +122 +160
COMMENTS/ MITIGATION:
This project will impact county facilities and should require a TIS, please include the county in all future routings best point of contact is [email protected]. Using ITE trip Generation Manual (11th Edition) trips are calculated to be over the county's threshold.
A Vehicle Miles Traveled (VMT) analysis should also be prepared for the proposed development.
If you have any further questions regarding this matter, please contact Brody Hines at [email protected]
Sincerely,
Brody Hines
Attachment 7
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AGENDA ITEM NO. 17.
County of Fresno
DEPARTMENT OF PUBLIC HEALTH
Environmental Health Division
Promotion, preservation and protection of the community’s health 1221 Fulton Street /P. O. Box 11867, Fresno, CA 93775
(559) 600-3357 • FAX (559) 455-4646
The County of Fresno is an Equal Employment Opportunity Employer www.co.fresno.ca.us • www.fcdph.org
September 24, 2024
LU0022304
2604
Marissa Jensen, Assistant Planner
City of Clovis
Planning and Development Services Department
1033 Fifth Street
Clovis, CA 93612
Dear Ms. Jensen:
PROJECT NUMBER: TM 6467, PDP2024-003
TM6467; A request to approve a vesting tentative tract map for a 162-lot single-family planned residential development. PDP2024-003; A planned development permit request for a 162-lot singlefamily planned residential development for land located on the east side N. Minnewawa Avenue, between Perrin and Shepherd Avenues.
APN: 556-030-04S, -06S, -08S, -09S ZONING: County AE 20 to R-1-PRD ADDRESS: SEC N. Minnewawa & Perrin Avenues
Recommended Conditions of Approval:
Construction permits for 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 development should be subject to assurance that the City of Clovis 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 the Fresno County Ordinance Code and your City’s municipal code.
As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.
Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.
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AGENDA ITEM NO. 17.
Marissa Jensen
TM 6467, PDP2024-003
September 24, 2024
2 The following comments pertain to the demolition of any existing structure(s):
Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structure(s) 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 these structures, then prior to demolition work the contractor should contact the following agencies for current regulations and requirements:
California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (510) 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.
REVIEWED BY:
Kevin Tsuda, R.E.H.S.
Environmental Health Specialist II (559) 600-33271
KT
cc: Deep Sidhu Environmental Health Division (CT. 55.25) John Bonadelle- Applicant ([email protected])
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AGENDA ITEM NO. 17.
Install gates with permits per
Clovis Fire Standard 1.5.
Install gates with permits perClovis Fire Standard 1.5.
Fire Department Comments
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“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 908-7064 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
May 8, 2024
FRE-168-R7.299
TIS – Transportation Impact Study
Clovis and Perrin Subdivision
https://ld-igr-gts.dot.ca.gov/district/6/report/30455
SENT VIA EMAIL
Matthew Arndt
JLB Traffic Engineering
516 W. Shaw Avenue
Fresno, CA 93704
Dear Mx. Matthew Arndt:
Thank you for the opportunity to review the Clovis and Perrin Subdivision Traffic Impact Analysis (TIA) and Vehicle Miles Traveled (VMT) Analysis. These analysis documents are for a project that proposes to construct a 162 single family residential development.
The project is located on the southeast quadrant of Minnewawa Avenue and Perrin Road in the City of Clovis, approximately 2.45 miles north of the State Route (SR) 168 and Herndon Avenue as well as the SR 168 and Fowler Avenue interchange.
The project was previously reviewed as DRC 2023-030 and as a TIA Scope of Work with our office submitting a comment letter/response dated August 1, 2023, and October 11, 2023, respectively.
Caltrans provides the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:
1. This project seems to be part of the Heritage Grove Specific Plan, which to our understanding the City is still developing the Draft Environmental Impact Report with the release of the Notice of Preparation.
2. It is noted in the VMT Analysis that the project is projected to result in a significant but unavoidable VMT impact. Understanding this, Caltrans recommends that the City consider creating a VMT Mitigation Impact Fee Program to help reduce potential impacts on the State Highway System.
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Matthew Arndt
May 8, 2024
“Provide a safe and reliable transportation network that serves all people and respects the environment”
3. With this project and others being proposed/developed within and around the Heritage Grove Specific Plan, the City is encouraged to incorporate future SR 168 interchange improvements as part of the City’s transportation impact fee program.
4. It is recommended that the project contribute to all applicable Impact Fee programs, such as the City’s Development Fee and the Regional Transportation Mitigation Fee (RTMF) program to ensure that the developments contribute to its fair share toward future improvement needs.
5. Caltrans recommends the project proponents consider working with the City to convert a portion of the planned residential units to affordable housing units.
6. Alternative transportation policies should be applied to the development. An assessment of multimodal facilities should be conducted to develop an integrated multimodal transportation system to serve and help alleviate traffic congestion resulting from the project and related development in the area of the City. The assessment should include the following:
a. Pedestrian walkways should not only be limited to the project’s internal connectivity but be connected to existing walkways and transit facilities outside the project area.
b. The project should consider coordinating connections to local and regional bicycle pathways to encourage the use of bicycles for commuter and recreational purposes.
c. If transit is not available within 1/4-mile of the project area, transit should be extended to provide services to high-activity centers of the project. d. The project proponents should consider working with the City in exploring opportunities for carpooling programs that can be utilized by future residents within and around this project.
7. As part of the statewide effort to reduce greenhouse gas emissions, Caltrans recommends the project proponents consider the installation of Electric Vehicle (EV) charging station capabilities into the planned housing units.
8. Active Transportation Plans and Smart Growth efforts support the state’s 2050 Climate goals. Caltrans supports reducing VMT and GHG emissions in ways that increase the likelihood that people will use and benefit from a multimodal transportation network.
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AGENDA ITEM NO. 17.
“Provide a safe and reliable transportation network that serves all people and respects the environment” Matthew Arndt
May 8, 2024
If you have any other questions, please call or email Christopher Xiong at (559) 908- 7064 or [email protected].
Sincerely,
DAVID PADILLA, Branch Chief
Transportation Planning – North
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October 11, 2024
Marissa Jensen
City of Clovis
Planning and development Services
1033 Fifth Street
Clovis, CA 93612
Project: Planning Application Request for PDP2024-003 and TM6467 District CEQA Reference No: 20241065
Dear Ms. Jensen,
The San Joaquin Valley Air Pollution Control District (District) has reviewed the Planning Application Request (PA) from the City of Clovis (City). Per the PA, the project consists of 162 single-family residential lots (Project). The Project is located on the east side of N. Minnewawa between Perrin Ave and Shepherd Ave, in Clovis, CA.
The District offers the following comments at this time 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, and PM2.5 standards.
The District’s initial review of the Project concludes that emissions resulting from construction and/or operation of the Project may exceed any of the following significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts: https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.
The District recommends that a more detailed preliminary review of the Project be conducted for the Project’s construction and operational emissions. 2681
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San Joaquin Valley Air Pollution Control District Page 2 of 9 District Reference No: 20241065
October 11, 2024
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.
Operational Emissions
Operational (ongoing) air emissions from mobile sources and stationary sources should be analyzed separately. For reference, the District’s significance thresholds are identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts:
https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.
Recommended Mitigation Measure: At a minimum, project related impacts on air quality should be reduced to levels below the District’s significance thresholds through incorporation of design elements such as the use of cleaner Heavy Heavy-Duty (HHD) trucks and vehicles, measures that reduce Vehicle Miles Traveled (VMTs), and measures that increase energy efficiency. More information on transportation mitigation measures can be found at:
https://ww2.valleyair.org/media/ob0pweru/clean-air-measures.pdf Recommended Model for Quantifying Air Emissions
Project-related criteria pollutant emissions from construction and operational sources should be identified and quantified. Emissions analysis should be performed using the California Emission Estimator Model (CalEEMod), which uses the most recent CARB-approved version of relevant emissions models and emission factors. CalEEMod is available to the public and can be downloaded from the CalEEMod website at: www.caleemod.com.
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.
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October 11, 2024
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. Please contact the District for assistance with performing a Prioritization analysis.
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.
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.
A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the health impacts would exceed the District’s established risk thresholds, which can be found here:
https://ww2.valleyair.org/permitting/ceqa/.
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.
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San Joaquin Valley Air Pollution Control District Page 4 of 9 District Reference No: 20241065
October 11, 2024
For assistance, please contact the District’s Technical Services Department by:
• E-Mailing inquiries to: [email protected]
• 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 to prevent the creation of a significant health risk in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww2.arb.ca.gov/our-work/programs/resource-center/strategydevelopment/land-use-resources.
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 AAQA uses air dispersion modeling to determine if emission increase from a project will cause or contribute to a violation of State or National Ambien Air Quality Standards. An acceptable analysis would include emissions from both projectspecific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.
Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website:
https://ww2.valleyair.org/permitting/ceqa/.
Voluntary Emission Reduction Agreement
Criteria pollutant emissions may result in emissions exceeding the District’s significance thresholds, potentially resulting in a significant impact on air quality.
When a project is expected to have a significant impact, the District recommends the environmental review also include a discussion on the feasibility of implementing a Voluntary Emission Reduction Agreement (VERA) for this Project.
A VERA is a mitigation measure by which the project proponent provides pound-forpound mitigation of emissions increases through a process that develops, funds, and implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District’s incentives programs. 2684
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The funds are disbursed by the District in the form of grants for projects that achieve emission reductions. Thus, project-related impacts on air quality can be mitigated.
Types of emission reduction projects that have been funded in the past include electrification of stationary internal combustion engines (such as agricultural irrigation pumps), replacing old heavy-duty trucks with new, cleaner, more efficient heavy-duty trucks, and replacement of agricultural equipment with the latest generation technologies.
In implementing a VERA, the District verifies the actual emission reductions that have been achieved as a result of completed grant contracts, monitors the emission reduction projects, and ensures the enforceability of achieved reductions. After the project is mitigated, the District certifies to the Lead Agency that the mitigation is completed, providing the Lead Agency with an enforceable mitigation measure demonstrating that project-related emissions have been mitigated. To assist the Lead Agency and project proponent in ensuring that the environmental document is compliant with CEQA, the District recommends the environmental document includes an assessment of the feasibility of implementing a VERA.
Vegetative Barriers and Urban Greening
There are residential units located near 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 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 residential development, gas-powered residential 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 2685
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San Joaquin Valley Air Pollution Control District Page 6 of 9 District Reference No: 20241065
October 11, 2024
funding can be found at: https://ww2.valleyair.org/grants/clean-green-yardmachines-residential/ On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon 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.
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: https://ww2.valleyair.org/rules-and-planning/current-district-rulesand-regulations. 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).
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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 Project is subject to District Rule 9510 because it will receive a projectlevel discretionary approval from a public agency and will equal or exceed 50 residential units.
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. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510 so that proper mitigation and clean air design under ISR can be incorporated into the Project’s design. One AIA application should be submitted for the entire Project.
Information about how to comply with District Rule 9510 can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview The AIA application form can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview/formsand-applications/ District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at [email protected].
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District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at: https://ww2.valleyair.org/compliance/demolitionrenovation/ District Rule 4601 (Architectural Coatings)
The Project may 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.
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:
https://ww2.valleyair.org/media/tkgjeusd/rule-4601.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://ww2.valleyair.org/media/fm3jrbsq/dcp-form.docx 2688
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October 11, 2024
Information about District Regulation VIII can be found online at:
https://ww2.valleyair.org/dustcontrol
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:
https://ww2.valleyair.org/compliance/residential-wood-smoke-reductionprogram/ 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 Ryan Grossman by e-mail at [email protected] or by phone at (559) 230-6569.
Sincerely,
Tom Jordan
Director of Policy and Government Affairs
For: Mark Montelongo
Program Manager
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AGENDA ITEM NO. 17.
dtsc.ca.gov
SENT VIA ELECTRONIC MAIL
November 13, 2024
Marissa Jensen
Assistant Planner
City of Clovis
1033 Fifth Street
Clovis, CA 93612
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR THE TM6467 AND PDP2024-003 DATED NOVEMBER 4, 2024, STATE CLEARINGHOUSE NUMBER 2024110086 Dear Marissa Jensen,
The Department of Toxic Substances Control (DTSC) reviewed the Mitigated Negative Declaration (MND) for the TM6467 and PDP2024-003 project (project). The proposed project site is currently zoned AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) in the County of Fresno; however, the applicant proposes a rezone to the R-1-PRD Zone District (Single-Family Planned Residential Development) through a separate entitlement, R2024-005. The project site is made up of four parcels totaling approximately 14.57-acres and is designated for Medium / Medium High-Density Residential development in the City of Clovis General Plan. The project proposes 162 single-family residences with two pocket parks totaling 21,997 square feet, associated parking, landscaping, and utility and pedestrian infrastructure. DTSC recommends and requests consideration of the following comments:
1. When agricultural crops and/or land uses are proposed or rezoned for residential use, a number of contaminants of concern (COCs) can be present.
The Lead Agency shall identify the amounts of Pesticides and Organochlorine 2690
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Marissa Jensen
November 13, 2024
Pesticides (OCPs) historically used on the property. If present, OCPs requiring further analysis are dichloro-diphenyl-trichloroethane, toxaphene, and dieldrin. Additionally, any level of arsenic present would require further analysis and sampling and must meet HHRA NOTE NUMBER 3, DTSC-SLs approved thresholds. If they are not, remedial action must take place to mitigate them below those thresholds.
Additional COCs may be found in mixing/loading/storage areas, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots had been routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons and/or Total Petroleum Hydrocarbons may be required.
2. DTSC recommends that all imported soil and fill material should be tested to assess any contaminants of concern meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual.
Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.
3. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the above-mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in 2691
AGENDA ITEM NO. 17.
Marissa Jensen
November 13, 2024
accordance with DTSC’s Preliminary Endangerment Assessment (PEA) Guidance Manual
DTSC appreciates the opportunity to comment on the MND for the TM6467 and PDP2024-003 project. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via email for additional guidance.
Sincerely,
Tamara Purvis
Associate Environmental Planner
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
cc: (via email)
Governor’s Office of Land Use and Climate Innovation
State Clearinghouse
[email protected]
Dave Kereazis
Associate Environmental Planner
HWMP-Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
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AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
1 Bonadelle Neighborhoods
TM6467 and PDP2024-003
Initial Study and Mitigated Negative Declaration
October 2024
PREPARED BY:
Marissa Jensen, MA
Assistant Planner
Planning & Development Services
(559) 324-2338
[email protected]
Attachment 8
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AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
2 INITIAL STUDY
This Initial Study was prepared pursuant to the California Environmental Quality Act (CEQA) Public Resources Code Sections 21000 et seq., CEQA Guidelines Title 14, Section 15000 et seq. of the California Code of Regulations.
PROJECT TITLE: TM6467 and PDP2024-003
LEAD AGENCY NAME AND ADDRESS: City of Clovis
Planning & Development Services
1033 Fifth Street
Clovis, CA 93612
CONTACT PERSON AND PHONE
NUMBER:
Marissa Jensen, Assistant Planner
(559) 324-2338
[email protected]
PROJECT LOCATION: South of E. Perrin Avenue, east of N. Minnewawa Avenue and west of the N. Clovis Avenue Alignment.
PROJECT SPONSOR’S NAME AND
ADDRESS:
Bonadelle Neighborhoods
7030 Fruit Avenue #101
Fresno, CA 93711
LAND USE DESIGNATION: Existing – M (Medium) & MH (Medium High) ZONING DESIGNATION: Existing – AE-20 (Fresno County, Exclusive Agricultural) Proposed – R-1-PRD (Single-Family Planned Residential
Development) (through separate entitlement, R2024-005)
PROJECT DESCRIPTION See page 7 of this Initial Study
SURROUNDING LAND USES AND
SETTING:
See page 6 and 7 of this Initial Study
REQUIRED APPROVALS: See page 9 of this Initial Study
HAVE CALIFORNIA NATIVE AMERICAN
TRIBES REQUESTED CONSULTATION? IF
SO, HAS CONSULTATION BEGUN?
Yes, consultation meeting held September 30, 2024.
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AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
3 TABLE OF CONTENTS
A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED..........................................................................5 B. PROJECT OVERVIEW ...................................................................................................................................6 C. PROJECT LOCATION ....................................................................................................................................6 D. EXISTING SETTING .......................................................................................................................................6
1. Existing Conditions ...............................................................................................................................6
2. Surrounding Conditions ........................................................................................................................6
3. Land Use Designation...........................................................................................................................7
4. Zoning Designation...............................................................................................................................7 E. PROJECT DESCRIPTION ..............................................................................................................................7
1. Project Entitlements..............................................................................................................................7
2. Project Construction and Phasing.........................................................................................................7
3. Site Preparation ....................................................................................................................................7
4. Project Components .............................................................................................................................7 F. REQUIRED PROJECT APPROVALS.............................................................................................................9 G. TECHNICAL STUDIES ...................................................................................................................................9 H. ENVIRONMENTAL CHECKLIST..................................................................................................................16
1. Aesthetics ...........................................................................................................................................16
2. Agriculture and Forestry Resources....................................................................................................18
3. Air Quality ...........................................................................................................................................20
4. Biological Resources ..........................................................................................................................24
5. Cultural Resources .............................................................................................................................26
6. Energy ................................................................................................................................................29
7. Geology and Soils...............................................................................................................................29
8. Greenhouse Gas Emissions ...............................................................................................................32
9. Hazards and Hazardous Materials......................................................................................................35
10. Hydrology and Water Quality ..............................................................................................................38
11. Land Use and Planning.......................................................................................................................42
12. Mineral Resources..............................................................................................................................43
13. Noise...................................................................................................................................................44
14. Population and Housing......................................................................................................................45
15. Public Services ...................................................................................................................................46
16. Recreation ..........................................................................................................................................48
17. Transportation.....................................................................................................................................49
18. Tribal Cultural Resources ...................................................................................................................52
19. Utilities and Service Systems..............................................................................................................54
20. Wildfire................................................................................................................................................56
21. Mandatory Findings of Significance ....................................................................................................57 I. REPORT PREPARATION.............................................................................................................................60 2695
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
4 LIST OF FIGURES
FIGURE 1: PROJECT LOCATION AND EXISTING CONDITIONS....................................................................................................................10 FIGURE 2: GENERAL PLAN LAND USE DESIGNATION.............................................................................................................................11 FIGURE 3: ZONING ........................................................................................................................................................................12 FIGURE 4: CONCEPTUAL TRACT MAP ................................................................................................................................................13 FIGURE 5: CONCEPTUAL PARK DESIGNS.............................................................................................................................................14 FIGURE 6: CONCEPTUAL ELEVATIONS.................................................................................................................................................15 2696
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
5 A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion in this Initial Study.
Aesthetics Agriculture & Forestry Resources Air Quality Biological Resources Cultural Resources Energy
Geology & Soils Greenhouse Gas Emissions Hazards & 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 Determination
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.
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 proponents. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed Project MAY have a significant effect on the environmental, and an ENVIRONMENTAL IMPACT REPORT (EIR) will be prepared.
I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environmental, 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 analyzed 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.
Prepared By:
______________________________ _____11/1/2024
Marissa Jensen, MA, Assistant Planner Date
Planning & Development Services
City of Clovis
Approved By:
______________________________ _______11/1/2024________ Lily Cha, MPA, Senior Planner Date
Planning & Development Services
City of Clovis
Approved By:
______________________________
Lily Cha, MPA, Senior
Planning & Development Services
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INITIAL STUDY
CITY OF CLOVIS
6 B. PROJECT OVERVIEW
John A. Bonadelle of Bonadelle Homes (applicant) proposes to subdivide the subject property to facilitate the development of a 162-lot single-family subdivision, Tract Map 6467 (TM6467). Currently, the property is located within Fresno County’s jurisdiction and is zoned AE-20 (Exclusive Agricultural, 20-acre minimum parcel size). The property will be annexed into the City Limits and Prezoned to the R-1-PRD (Single-Family Planned Residential Development) zone district, through separate entitlements, Reorganization 310 (RO310) and Rezone (Prezone) 2024-005 (R2024-005). TM6467 is inclusive of a Planned Development Permit (PDP2024-003) for enhanced development. The project will include site improvements (i.e., landscaping, parking, external sidewalks, and utility infrastructure). The project shall be referred to throughout the document as “proposed Project” and/or “Project.” Details regarding the Project and operations are described more throughout the Initial Study, beginning under Section E.
C. PROJECT LOCATION
As shown in Figure 1 below, the project boundary consists of ±14.57 acres and is located south of E. Perrin Avenue, east of N. Minnewawa Avenue and west of the N. Clovis Avenue Alignment in the County of Fresno, California. The Project is situated adjacent to primarily vacant and agricultural properties designated for future residential at varying densities, a future park, and existing single-family residences to the southeast. The Project will occupy the entire parcels with Accessor’s Parcel Numbers (APNs) 556-030-04, 06, 08, and 09.
The Project is within the City’s Heritage Grove planned growth area. Heritage Grove encompasses ±2,560 acres of land bounded by Willow Avenue to the west, Sunnyside Avenue to the east, Copper Avenue to the north and the Shepherd Avenue to the south. This area has been examined programmatically in the City’s current General Plan EIR. This document evaluates potential environmental impacts in detail.
D. EXISTING SETTING
This section describes the existing conditions, surrounding conditions, as well as the General Plan land use and zoning designations.
1. EXISTING CONDITIONS
As shown in Figure 1 below, the Project is located on a primarily undeveloped site with three singlefamily residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities and a future park.
2. SURROUNDING CONDITIONS
As referenced below in Table 1, and shown on Figure 1, the Project site is surrounded primarily by current agricultural uses, vacant properties, and rural residential homes. The Project is situated adjacent to agricultural lands and vacant properties designated for future medium to high density residential housing, a future park, and existing single-family residences ±700 feet to the southeast. The areas adjacent to the project site include the following uses.
Table 1: Surrounding Land Uses
Land Use Designation Existing Zoning* Existing Land Use North Medium Density Residential AE-20 Rural Residential Properties, Orchards
East Medium Density Residential AE-20 Vacant
South Medium Density Residential AE-20 Vacant
West Medium High Density Residential +
Park
AE-20 Rural Residential Property,
Orchards
*AE-20 (Exclusive Agricultural, 20-acre parcel minimum) 2698
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
7 3. LAND USE DESIGNATION
As shown in Figure 2, the Project site has an existing General Plan Land Use designation of Medium and Medium-High Density Residential. Medium Density Residential allows for single-family residential development at a density of 4.1-7.0 dwelling units per acre, whereas Medium High Density Residential designation allows for single-family residential development at a density of 7.1-20.0 dwelling units per acre. The Project proposes to blend the Medium and Medium High Densities to obtain the maximum units allowed based on the acreage. The resulting project density is 11.6 dwelling units per acre.
4. ZONING DESIGNATION
As shown on Figure 3, the Project site is currently zoned AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) in the County of Fresno, however, proposes a prezone to the R-1-PRD Zone District (Single-Family Planned Residential Development) through a separate entitlement, R2024-005.
The R-1-PRD Zone District is consistent with the existing Medium and Medium High Density land use designation.
E. PROJECT DESCRIPTION
The project site is made up of four (4) parcels totaling ±14.57-acres and is designated for Medium and Medium High-Density Residential development in the City of Clovis General Plan. The applicant is proposing the development of a planned single-family residential development with unique development standards. The Project proposes 162 single-family residences with two (2) pocket parks totaling 21,997 square feet, associated parking, landscaping, and utility and pedestrian infrastructure. This section describes the components of the proposed Project in more detail, including site preparations, proposed structures, and on- and off- site improvements.
1. PROJECT ENTITLEMENTS
The Project includes multiple planning entitlements, including a vesting tentative tract map, and planned development permit. The tentative tract map is required to subdivide the property in accordance with City standards, the planned development permit is to evaluate the enhanced development of the including features such as architecture, landscaping, parking and additional amenities, and the residential site plan review is required to memorialize the design and layout of the homes.
2. PROJECT CONSTRUCTION AND PHASING
The Project is anticipated to begin construction early 2025 with full buildout by winter of 2028. This schedule is an estimation only and is contingent upon entitlements, and the market, among other factors.
3. SITE PREPARATION
Site preparation would include the demolition of the existing three (3) residences and accessory structures. Typical grading activities would occur to ensure an adequately graded site for drainage purposes. Part of the preparation would include the removal of any other vegetation and trees necessary to accommodate the Project. Other site preparation activities would include minor excavation for the installation of utility infrastructure, for conveyance of water, sewer, stormwater, and irrigation.
4. PROJECT COMPONENTS
This section describes the overall components of the Project, such as the proposed buildings, landscape, vehicle and pedestrian circulation, and utilities.
DEMOLITION
The existing three (3) residences, accessory structures, and landscaping will be demolished to accommodate the Project.
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TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
8 SITE LAYOUT AND CIRCULATION
The Project is proposing 162 lots, ranging from ±2,219 square feet to ±2,928 square feet, with an average of ±2,364 square feet, and two (2) pocket parks totaling ±21,997 square feet. The project is bound by E. Perrin Avenue to the north, N. Minnewawa Avenue to the west, and the N. Clovis alignment to the east. The applicant will be required to install N. Clovis Avenue and improve E. Perrin and N. Minnewawa Avenues to City standards. Along with improvements to the surrounding streets, the applicant is also proposing a network of internal private streets. The Project would be accessed via two (2) ingress/egress access points, one (1) from N. Minnewawa Avenue and one (1) from E. Perrin Avenue. The installation of pedestrian paths of travel from the Minnewawa, Perrin and Clovis frontages would be required as part of the Project. Per the Heritage Grove Master Plan, a community corner paseo / gateway feature is required at the corner of Clovis and Perrin Avenues.
PARKING
The CMC requires that residential planned unit developments provide a minimum of two (2) covered spaces plus one (1) covered or uncovered guest space for each dwelling unit; therefore, the Project shall provide a minimum of 324 covered spaces and 162 covered of uncovered guest spaces. The Project is proposing 104 of the 162 lots to provide two car garages, the remaining 58 lots provide a onecar garage. Each garage would be required to have an interior dimension of 20 feet by 20 feet for two car garages and 10 feet by 20 feet for single-car garages. In addition to garages, the applicant is proposing an additional 78 parking stalls around the two (2) proposed parks and other locations throughout the site to accommodate a designated second space for the 58 units that propose a one-car garage. The remaining 142 guest spaces will be accommodated through on-street parking. The Planned Development Permit may adjust or modify, where necessary and justifiable, all applicable development standards. The proposed parking deviation will be reviewed thoroughly as part of the Residential Site Plan Review (RSPR) process for compliance.
LANDSCAPE
The Project would include landscape throughout the site. Landscaped areas would generally be located along the frontage of each structure where a variety of ornamental shrubs, plants, and trees would be planted, as well as landscape in areas throughout the parking lots, consistent with the CMC. Landscape plans are typically provided during the City’s RSPR process at which time the proposed landscape would be reviewed for compliance with the City’s water efficient landscape regulations and guidelines.
As an amenity to the project, the applicant is providing two pocket parks (see Figure 5 for the conceptual designs).
UTILITIES
Utilities for the site would consist of water, sewer, electric, cable, gas, and stormwater infrastructure.
Minor trenching and digging activities would be required for the installation of necessary pipelines typical of development. All utility plans would be required to be reviewed and approved by the appropriate agency, and/or department to ensure that installation occurs to pertinent codes and regulations. Other infrastructure would include new fire hydrants as required by the City of Clovis Fire Department.
Utilities are provided by and managed from a combination of agencies, including the Fresno Irrigation District (FID), which provides the City’s water supply which is then supplied to customers by the City of Clovis, Fresno Metropolitan Flood Control District (FMFCD) which has responsibility for storm water management, and the City’s public utilities department which provides for solid waste collection, and sewer collection services. Pacific Gas & Electric (PG&E) provides electricity and natural gas within the City of Clovis.
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AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
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CITY OF CLOVIS
9 F. REQUIRED PROJECT APPROVALS
The City of Clovis requires the following review, permits, and/or approvals for the proposed Project; however, other approvals not listed below may be required as identified throughout the entitlement process:
• Tentative Tract Map
• Planned Development Permit
• Residential Site Plan Review
• Grading Permit
• Building Permit
• San Joaquin Air Pollution Control District
• Fresno Metropolitan Flood Control District
G. 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, the 2014 Clovis General Plan EIR, departmental staff, California Department of Conservation, and the California Department of Toxic Control Substances.
• Appendix A: Air Quality and Greenhouse Gas Emissions Technical Memo dated December 27, 2023 • Appendix B: Biological Resources Evaluation dated November 22, 2023 • Appendix C: Cultural Resource Assessment dated December 15, 2023 • Appendix D: Traffic Impact Analysis Report dated April 17, 2024 • Appendix E: Vehicle Miles Traveled Analysis dated April 19, 2024 2701
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
10 Figure 1: Project Location and Existing Conditions
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AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
11 Figure 2: General Plan Land Use Designations
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AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
12 Figure 3: Current Zoning
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AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
13 Figure 4: Conceptual Tract Map
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2705
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
14 Figure 5: Conceptual Park Designs
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6 2706
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
15 Figure 6: Conceptual Elevations
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AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
16 H. ENVIRONMENTAL CHECKLIST
This section provides an evaluation of the potential environmental impacts of the proposed project and are based on CEQA Guidelines Appendix G. For each issue area, one of four conclusions is made:
• No Impact: No project-related impact to the environment would occur with project development. • Less Than Significant Impact: The proposed project would not result in a substantial and adverse change in the environment. This impact level does not require mitigation measures. • Less Than Significant with Mitigation Incorporated: The proposed project would result in an environmental impact or effect that is potentially significant, but the incorporation of mitigation measure(s) would reduce the project-related impact to a less than significant level. • Potentially Significant Impact: The proposed project would result in an environmental impact or effect that is potentially significant, and no mitigation can be identified that would reduce the impact to a less than significant level.
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 effect on a scenic vista? X
b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
X
c. 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?
X
d. Create a new source of substantial light or
glare that would adversely affect day or
nighttime views in the area?
X
ENVIRONMENTAL SETTING
The City of Clovis is located within the San Joaquin Valley. Thus, much of the City and its surrounding areas are predominately flat. As a result, on clear days, the Sierra Nevada Mountains are visible to the east depending on your location. Aside from Sierra Nevada, there are no officially designated focal points or viewsheds within the City. However, Policy 2.3, Visual Resources, of the Open Space Element of the 2014 Clovis General Plan, requires maintaining public views of open spaces, parks, and natural features and to preserve Clovis’ viewshed of the surrounding foothills.
As mentioned above in the Project Description, the Project consists of ±14.57 acres and is located south of E.
Perrin Avenue, east of N. Minnewawa Avenue and west of the N. Clovis Avenue Alignment in the County of Fresno, California. The Project is situated adjacent to primarily vacant and agricultural properties designated 2708
AGENDA ITEM NO. 17.
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CITY OF CLOVIS
17 for future residential at varying densities, a future park, and existing single-family residences to the southeast.
In general, the Project site will be in the fringes of Clovis following annexation.
DISCUSSION
a) Would the project have a substantial effect on a scenic vista? No Impact. As mentioned above, there are no officially designated scenic vistas or focal points in the City of Clovis. While the Sierra Nevada Mountains can be viewed on clear days the Project would allow structures to be constructed at a maximum height of 35 feet. The units will be constructed at a typical maximum height for standard single family residential zone districts and consistent with nearby subdivision. Additionally, there are no officially designated scenic vistas in the area, therefore no impact would occur with regards to the project having a substantial effect on a scenic vista. As a result, no mitigation measures are required. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? No Impact. As stated in the 2014 Clovis General Plan EIR, there are no Caltrans-designated scenic highways within the City of Clovis.1 Further, there are no existing historical structures or rock outcroppings located on or within the immediate vicinity of the site, therefore, the Project would result in no impact with regards to substantially damaging scenic resources within a State scenic highway. c) Would the project 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?
Less-Than-Significant Impact. As mentioned previously, the site is surrounded by primarily vacant and agricultural properties designated for future residential development at varying densities and a future park.
The Project is located within the Heritage Grove planned growth area. Although the project is proposing to convert the subject property to residential uses, this conversion is pursuant to the 2014 General Plan. Upon completion, the project will not be consistent with the existing rural residential properties and orchards that currently exist in the surrounding area; however it will be consistent with future single-family development at Medium and Medium High Densities, per the General Plan designations. Additionally, the property immediately to the south is in the entitlement process for single-family residential development.
Further, the Project would undergo the RSPR process which would ensure that the overall design and character is consistent and/or complements the surrounding areas. The RSPR process will ensure the Project complies with relevant design policies, such as in the Heritage Grove Master Plan, the CMC, and the General Plan. During the review, the height, color and materials are reviewed for consistency with these plans and guidelines. Consequently, a less-than-significant impact would occur with regards to substantially degrading the existing visual character of the site and its surroundings, and no mitigation measures are required. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?
Less-Than-Significant Impact. The Project consists of 162 single-family homes. As a result of the existing site being primarily vacant with only three (3) residences and accessory, the Project would result in an 1 2014 Clovis General Plan EIR, June 2014, Page 5.1-1.
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18 increase of light and glare sources. Light and glare from the Project would be typical of residential development, including but not limited to, sources such as exterior lighting for safety, light, and glare from vehicles or from light reflecting off surfaces such as windshields. Other sources of light would be the interior lighting of the units at night. These sources of light and glare are not typically associated with causing significant effects on the environment. Further, the site is surrounded by agricultural uses planned for singlefamily residences that will eventually result in similar sources and intensities of light and glare. Sources of future light and glare are comprised of streetlights, and light and glare from vehicles going to and from home.
Although the Project would introduce new sources of light and glare, the RSPR process would ensure that the design and placement of lighting is appropriate to minimize potential light and glare impacts to surrounding properties. Further, the Project would be required to comply with Section 9.22.050, Exterior Light and Glare, of the CMC, which requires light sources to be shielded and that lighting does not spillover to adjacent properties.
Overall, through the City’s design review process and compliance with Section 9.22.050 of the CMC, the Project would result in a less-than-significant impact with regard to lighting adversely affecting day or nighttime views in the area. No mitigation measures are required.
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 (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural 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)) or timberland (as defined in Public
Resources Code section 4526)?
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
ENVIRONMENTAL SETTING
The Project consists of ±14.57 acres and is located south of E. Perrin Avenue, east of N. Minnewawa Avenue and west of the N. Clovis Avenue Alignment in the County of Fresno, California. The Project is located on a 2710
AGENDA ITEM NO. 17.
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19 primarily undeveloped site with three single-family residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities.
DISCUSSION
a) Would the project 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. According to the California Important Farmland finder interactive map from the California Department of Conservation,2the Project site is considered Farmland of Local Importance (2020 data), which is defined by the Department of Conservation as farmable lands within Fresno County that do not meet the definitions of Prime, Statewide, or Unique farmlands. Generally, Farmland of Local Importance is or has been used for irrigated pasture, dryland farming, livestock, dairy, and grazing land.
The Project site does not appear to have previously been cultivated, other than possible dry farming, nor is it zoned or designated for farming-related activities under the 2014 Clovis General Plan. Although the Project site is considered Farmland of Local Importance it is not considered Prime, Unique, or Farmland of Statewide Importance; therefore, less-than-significant impact would occur, and no mitigation measures are required. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act Contract? Less Than Significant Impact. As shown in Figure 5.2-2 of the Agricultural Resources Chapter of the 2014 Clovis General Plan EIR, the Project site is not under a Williamson Act Contract. Further, the site is not currently zoned or designated for agricultural use. However, the parcel directly east of the Project site (APN:
556-030-17S) is currently in the non-renewal process under a Williamson Act Contract. As the project will provide improvements to the N. Clovis Avenue alignment, a portion of the adjacent parcel will be dedicated to the City for right of way. Although the parcel is currently under a Williamson Act Contract, the non-renewal process will need to be completed, and the parcel removed from Contract before any right of way is dedicated for the Clovis Avenue improvements. As a result, the Project would have a less-than-significant impact with regards to conflicting with existing zoning for agricultural use or a Williamson Act Contract. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g)) or timberland (as defined in Public Resources Code section 4526)?
No Impact. The Project site does not contain forest land. Further, the site is not zoned for forestry or other forestry related uses. As a result, no impact would occur with regards to conflicts with existing zoning for, or cause rezoning of, forest land.
d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? No Impact. See discussion under Section 2c.
2 Farmland Mapping, California Department of Conservation, Interactive mapping tool (https://maps.conservation.ca.gov/DLRP/CIFF/).
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20 e) Would the project 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?
No Impact. See discussion under Section 2a.
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? X
b. Result in a cumulatively considerable
net increase of any criteria pollutant for
which the project region is nonattainment 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
ENVIRONMENTAL SETTING
An Air Quality and Greenhouse Gas Technical Memorandum (AQ/GHG Memo) was prepared by Johnson, Johnson, and Miller Air Quality Consulting Services in December of 2023 (see Appendix A). Information in this AQ/GHG Memo is used for the analysis included in both the Air Quality and Greenhouse Gas Emissions section of this Initial Study.
San Joaquin Valley Air Basin
The City of Clovis (City) is in the central portion of the San Joaquin Valley Air Basin (SJVAB). SJVAB consists of eight counties: Fresno, Kern (western and central), Kings, Tulare, Madera, Merced, San Joaquin, and Stanislaus. The SJVAB is approximately 25,000 square miles. It is bordered by the Sierra Nevada in the east, the Coast Ranges in the west, and the Tehachapi mountains in the south. The valley is topographically flat with a slight downward gradient to the northwest. The valley opens to the sea at the Carquinez Straits where the San Joaquin-Sacramento Delta empties into San Francisco Bay.
Topography
The topography of a region is important for air quality because mountains can block airflow that would help disperse pollutants and can channel air from upwind areas that transports pollutants to downwind areas. The San Joaquin Valley Air Pollution Control District (SJVAPCD) covers the entirety of the SJVAB. The SJVAB is generally shaped like a bowl. It is open in the north and is surrounded by mountain ranges on all other sides.
The Sierra Nevada mountains are along the eastern boundary (8,000 to 14,000 feet in elevation), the Coast Ranges are along the western boundary (3,000 feet in elevation), and the Tehachapi Mountains are along the southern boundary (6,000 to 8,000 feet in elevation).
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21 Climate
The SJVAB is in a Mediterranean climate zone and is influenced by a subtropical high-pressure cell most of the year. Mediterranean climates are characterized by sparse rainfall, which occurs mainly in winter. Summers are hot and dry. Summertime maximum temperatures often exceed 100°F in the valley.
The subtropical high-pressure cell is strongest during spring, summer, and fall and produces subsiding air, which can result in temperature inversions in the valley. A temperature inversion can act like a lid, inhibiting vertical mixing of the air mass at the surface.
Any emissions of pollutants can be trapped below the inversion. Most of the surrounding mountains are above the normal height of summer inversions (1,500–3,000 feet).
Winter-time high pressure events can often last many weeks, with surface temperatures often lowering into the 30°F. During these events, fog can be present, and inversions are extremely strong. These wintertime inversions can inhibit vertical mixing of pollutants to a few hundred feet.
Ambient Air Quality Standards
The Clean Air Act (CAA) was passed in 1963 by the US Congress and has been amended several times. The 1970 CAA amendments strengthened previous legislation and laid the foundation for the regulatory scheme of the 1970s and 1980s. In 1977, Congress again added several provisions, including nonattainment requirements for areas not meeting National Air Quality Standards (AAQS) and the Prevention of Significant Deterioration program. The 1990 amendments represent the latest in a series of federal efforts to regulate the protection of air quality in the United States. The CAA allows states to adopt more stringent standards or to include other pollution species. The California Clean Air Act, signed into law in 1988, requires all areas of the state to achieve and maintain the California AAQS by the earliest practical date. The California AAQS tend to be more restrictive than the National AAQS, based on even greater health and welfare concerns.
These National and California AAQS are the levels of air quality considered to provide a margin of safety in the protection of the public health and welfare. They are designed to protect “sensitive receptors,” those most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. Healthy adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed.
Both California and the federal government have established health based AAQS for six air pollutants. As shown in Table 3, Ambient Air Quality Standards for Criteria Pollutants, these pollutants are carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead (Pb), and suspended particulate matter (PM2.5 and PM10). In addition, the state has set standards for sulfates and hydrogen sulfide. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety.
In addition to the criteria pollutants, toxic air contaminants (TACs) are another group of pollutants of concern.
TACs are injurious in small quantities and are regulated despite the absence of criteria documents. The identification, regulation and monitoring of TACs is relatively recent compared to that for criteria pollutants.
Unlike criteria pollutants, TACs are regulated based on risk rather than specification of safe levels of contamination.
Attainment Status
The air quality management plans prepared by SJVAPCD provide the framework for SJVAB to achieve attainment of the state and federal AAQS through the State Implementation Plan. Areas are classified as attainment or nonattainment areas for pollutants, depending on whether they meet the ambient air quality standards. Nonattainment areas are imposed with additional restrictions as required by the United States 2713
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22 Environmental Protection Agency. There are different classifications for attainment and the severity classifications for ozone nonattainment range in magnitude from marginal, moderate, and serious to severe and extreme. These classifications are used as a foundation to create air quality management strategies to improve air quality and comply with the National AAQS.
Table 2: Air Quality Attainment Status for Fresno County Pollutant State Federal
Ozone (1-hour) Sever/Nonattainment Not Applicable
Ozone (8-hour) Nonattainment Extreme Nonattainment
PM10 Nonattainment Attainment (Maintenance)
PM2.5 Nonattainment Nonattainment
Carbon Monoxide Attainment Attainment (Maintenance)
Nitrogen Dioxide Attainment Unclassified/Attainment
Lead Attainment Unclassified/Attainment
Sulfur Dioxide Attainment Unclassified
Sulfates Attainment No Federal Regulation
Hydrogen Sulfide Unclassified No Federal Regulation
DISCUSSION
a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less-Than-Significant Impact. The AQ/GHG Report3 prepared by Johnson, Johnson, and Miller Air Quality Consulting Services proposes the following criteria for determining project consistency with the current Air Quality Plan (AQP):
1. Will the project result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQPs? This measure is determined by comparison to the regional thresholds identified by the District for Regional Air Pollutants.
2. Will the project comply with applicable control measures in the AQPs? The primary control measures applicable to development projects include Regulation VIII—Fugitive PM10 Prohibitions and Rule 9510 Indirect Source Review.
As shown in Tables 6 and 7 of the AQ/GHG Report, the project’s construction and operational regional emissions would not exceed SJVAPCD’s regional criteria pollutant emissions quantitative thresholds.
Therefore, the proposed project would not be considered in conflict with or obstruct implementation of the applicable air quality plan based on this criterion. SJVAPCD’s AQPs contain a number of control measures, which are enforceable requirements through the adoption of rules and regulations. The proposed project’s will be subject to SJVAPCD Rule 9510, Regulation VIII and would implement dust control measures during the construction period. Additionally, components of the project may be required to obtain permits and abide by associated regulation set forth by Rule 2201. As described above, the proposed project’s construction and operational regional emissions would not exceed SJVAPCD’s regional criteria pollutant emissions quantitative thresholds. Furthermore, the proposed project would comply with all applicable SJVAPCD rules and regulations. Accordingly, the proposed project would not conflict with or obstruct implementation of the 3 Air Quality and Greenhouse Gas Technical Memorandum, prepared by Johnson, Johnson, and Miller Air Quality Consulting Services in December of 2023.
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23 applicable air quality plans, and, therefore, this impact would be less-than-significant with no mitigation measures required.
b) Would the project 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. Per the AQ/GHG Report4, the primary pollutants of concern during project construction and operation are ROG, NOX, PM2.5 and PM10. The project does not contain sources that would produce substantial quantities of SO2 emissions during construction and operation. Modeling conducted for the project demonstrates that SO2 emissions are well below the SJVAPCD GAMAQI thresholds, as shown in the modeling results contained in Attachment A, of the Report. During construction, fugitive dust would be generated from earth-moving activities. Exhaust emissions would also be generated from off-road construction equipment and construction-related vehicle trips. Table 6 provides the construction emissions estimate for the proposed project. As shown in Table 6, estimated emissions from construction of project are below the SJVAPCD significance thresholds. Therefore, the regional construction emissions would be less-thansignificant with no additional mitigation needed. In addition, Table 7 of the Report, discussed that the proposed project would not result in net operational-related air pollutants or precursors that would exceed the applicable thresholds of significance. Therefore, project operations would not be considered to have the potential to generate a significant quantity of air pollutants; long-term operational impacts associated with the project’s criteria pollutant emissions would be less than significant. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less-Than-Significant Impact with Mitigation. Sensitive population groups include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory diseases. The SJVAPCD considers a sensitive receptor to be a location that houses or attracts children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Examples of sensitive receptors include hospitals, residences, convalescent facilities, and schools. The closest existing sensitive receptors are residences located approximately 52.8 feet (0.01 mile) west of the project boundary. The project site is located within 1,000 feet of existing sensitive receptors that could be exposed to diesel emission exhaust during the construction period. To estimate the potential cancer risk associated with construction of the proposed project from equipment exhaust (including DPM), a dispersion model was used to translate an emission rate from the source location to concentrations at the receptor locations of interest (i.e., receptors at nearby residences). A maximally exposed receptor (MER) was determined for construction and through the use of the dispersion modeling. The project would not exceed SJVAPCD localized emission daily screening levels for any criteria pollutant. The project is not a significant source of Toxic Air Contaminant (TAC) emissions during operations and is not a significant source of TAC emissions during construction after incorporation of MM AIR-1. The project is not in an area with suitable habitat for Valley fever spores and is not in an area known to have naturally occurring asbestos. Therefore, the project would not result in significant impacts to sensitive receptors after implementation of mitigation measure AIR-1. AIR-1 would ensure that a less-than-significant impact with mitigation occurs.
Mitigation Measure AIR-1: Before a construction permit is issued for the proposed project, the project applicant, project sponsor, or construction contractor shall submit documentation demonstrating reasonably detailed compliance with the following requirements to the City of Clovis:
4 Air Quality and Greenhouse Gas Technical Memorandum, prepared by Johnson, Johnson, and Miller Air Quality Consulting Services in December of 2023.
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24 (1) Where portable diesel engines are used during construction, all off-road equipment with engines greater than 50 horsepower shall have engines that meet or exceed either United States Environmental Protection Agency (EPA) or California Air Resources Board (CARB) Tier 4 Interim off-road emission standards or be equipped with Level 3 diesel particulate filters. Tier 4 Interim engines shall, at a minimum, meet EPA or CARB particulate matter emissions standards for Tier 4 Interim engines. Alternatively, use of CARB-certified Level 3 diesel particulate filters on off-road equipment with engines greater than 50 horsepower can be used in lieu of Tier 4 Interim engines or in combination with Tier 4 Interim or better engines. The construction contractor shall maintain records documenting its efforts to comply with this requirement, including equipment lists. Off-road equipment descriptions and information shall include, but are not limited to, equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Clovis.
d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less-Than-Significant Impact. The occurrence and severity of odor impacts depend on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the presence of sensitive receptors. Although offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to considerable distress and often generating citizen complaints to local governments and regulatory agencies. Project operations would not be anticipated to produce odorous emissions, as the project would not be considered an odor generator based on the surrounding land uses. Construction activities associated with the proposed project could result in short-term odorous emissions from diesel exhaust associated with construction equipment. However, these emissions would be intermittent and would dissipate rapidly from the source. In addition, this diesel-powered equipment would only be present onsite temporarily during construction activities. The temporary and intermittent nature of construction activities would decrease the likelihood of the odors concentrating in a single area or lingering for any notable period of time. As such, these odors would likely not be noticeable for extended periods of time beyond the project’s site boundaries.
Therefore, construction would not create objectionable odors affecting a substantial number of people from use of diesel-powered equipment. Thus, a less-than-significant impact would occur with no mitigation measures.
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, or regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
X
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25 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 the provisions of an adopted
Habitat Conservation Plan, Natural
community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
X
ENVIRONMENTAL SETTING
A Biological Resource Assessment (BRA) was prepared by Argonaut Ecological Consulting, Inc., November 22, 2023 (see Appendix B). This BRA included 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 project vicinity. The site is flat, comprised of single-family residences with portions of the site undeveloped.
DISCUSSION
a) Would the project 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?
Less-Than-Significant Impact With Mitigation. As described in the BRA, the Project is in an area that was historically in agricultural production. The Project Site is developed with rural residential homes, pasture (previously irrigated), landscaped areas, and a horse paddock. There are no sensitive habitats within the site, including waters/wetlands or critical habitat for species of concern. The Study Area potentially provides a habitat for nesting raptors (burrowing owl) and migratory birds. Implementation of mitigation measure BIO-1 would ensure that a less-than-significant impact with mitigation occurs.
Mitigation Measure BIO-1: If ground disturbance (including grading, grubbing, home demolition, tree removal, or construction equipment and materials mobilization) is initiated during the nesting season (February 1 – August 31), a pre-construction survey for potential nesting raptors, migratory birds, and burrowing is recommended.
b) Would the project 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 Game or US Fish and Wildlife Service?
Less-Than-Significant Impact. As mentioned previously, the Project is located on a primarily undeveloped site with three single-family residences, and accessory buildings, landscaping, and ruderal plants. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities. 2717
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26 There are no riparian habitats or sensitive natural communities identified at the site, nor are there any identified in local or regional plans. Therefore, the Project would not result in a substantial adverse effect with respect to this threshold, and a less-than-significant impact would occur. c) Would the project have a substantial adverse effect on state or federally protected wetlands as (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No Impact. Based on the Biological Resources Assessment prepared for the Project, no wetland features are known to exist at the Project site.
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. The BRA did not identify the site as a regional or local wildlife movement corridors,5thus, no impact would occur.
e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The Project site does not indicate the presence of any sensitive habitat or wildlife features that would be impacted and will be consistent with the CMC and 2014 General Plan polices. Although Policy 2.6 of the Open Space and Conservation Element of the General Plan calls for the protection of biological resources, the Biological Evaluation did not identify any such resources at the site due to its location. Further, trees and shrubs are absent from the Project site; therefore, no impact would occur, and no mitigation measures are required.
f) Would the project 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 City and Fresno County currently do not have a regional Natural Community Conservation Plan or a Habitat Conservation Plan. The Project site is subject to relevant biological resource policies of the 2014 General Plan. Therefore, there are no impacts to conservation plans. Overall, no impact would occur.
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 pursuant to
§15064.5?
X
b. Cause a substantial adverse
change in the significance of an
archaeological resource pursuant
to §15064.5?
X
5 Biological Resources Evaluation prepared by LSA, June 2024, page 3. 2718
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27 c. Disturb any human remains,
including those interred outside
of formal cemeteries?
X
ENVIRONMENTAL SETTING
The Project is located on a primarily undeveloped site with three single-family residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities.
A Cultural Resource Assessment (Cultural Study) was prepared by Peak & Associates, Inc. dated December 15, 2024 (see Appendix C). This Cultural Study included a records search at the California Historical Resources Information System (CHRIS) Southern San Joaquin Valley Information Center (SSJVIC), Native American Heritage Commission’s (NAHC) Sacred Lands File, desktop archival research, as well as a pedestrian survey of the Project site.
In addition to the Cultural Report, City staff conducted Native American Consultation in compliance with Assembly Bill 52 (AB52). In compliance with AB52, invitations for consultation were mailed on July 2, 2024 which affords Native tribes thirty (30) days to respond and to request consultation. During that time, one (1) tribe requested consultation. On September 30, 2024 a representative from Table Mountain Rancheria met with City staff via virtual call to discuss the potential for cultural resources at the Project annexation area.
Following the meeting the representative from Table Mountain Rancheria voiced concerns for the potential sites of tribal significance. Based on the conversation while potential sites were within the annexation area, they were outside of the Project development site. However, mitigation measures are included in the following analysis to ensure protection of such resources if any are discovered inadvertently. With the incorporation of the mitigation measures, the consultation ended.
DISCUSSION
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
Less-Than-Significant Impact With Mitigation. As previously mentioned, the Project site is partially developed with three existing residences. A cultural resource records search was conducted including a 0.25- mile radius of the Project, indicating that there were no resources reported on the Project site. Additionally, a field survey also indicated that there are no prehistoric resources existing within the Project boundary.
Although no sites were found, 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 onthe-spot evaluation of the finding.
Further, compliance with Policy 2.9 of the General Plan, which calls for the preservation of historical sites and buildings of state or national significance, would ensure that if there were historical resources present, they would be protected. Because there is the slight possibility for the accidental or inadvertent uncovering of archaeological resources during construction, Mitigation Measure CULT-1 would serve to reduce those potential impacts by requiring any work to stop until any found artifacts can be properly removed and inventoried by a qualified archaeologist. Therefore, regarding the Project causing a substantial adverse change in the significance of a historical resource the Project would result in a less-than-significant impact with mitigation.
Mitigation Measure CULT-1: If prehistoric or historic-era cultural or archaeological materials are encountered during construction activities, all work in the immediate vicinity of the find shall halt until a 2719
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28 qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeologist, can evaluate the significance of the find and make recommendations. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock as well as historic resources such as glass, metal, wood, brick, or structural remnants.
If the qualified professional archaeologist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required to mitigate adverse impacts from project implementation. These additional studies may include avoidance, testing, and evaluation or data recovery excavation.
If a potentially eligible resource is encountered, then the qualified professional archaeologist, the Lead Agency, and the project proponent shall arrange for either 1) total avoidance of the resource or 2) test excavations to evaluate eligibility and, if eligible, total data recovery. The determination shall be formally documented in writing and submitted to the Lead Agency as verification that the provisions for managing unanticipated discoveries have been met.
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Less-Than-Significant Impact With Mitigation. The Project is situated adjacent to a mix of neighboring agricultural lands, current rural residential properties, future medium to high density residential housing, and existing single-family residences to the southeast. The site’s ground has been previously disturbed as a result of the agriculture, and residential uses and other ground disturbing activities throughout the years.
Nevertheless, the potential remains that archeological resources could be inadvertently or accidentally uncovered during ground-disturbing activities such as trenching, digging, and the installation of utilities and other infrastructure.
Because there is the slight possibility for the accidental or inadvertent uncovering of archaeological resources during construction, Mitigation Measure CULT-1 would serve to reduce those potential impacts by requiring any work to stop until any found artifacts can be properly removed and inventoried by a qualified archaeologist. Therefore, the Project would result in a less-than-significant impact with mitigation. c) Would the project disturb any human remains, including those interred outside of formal cemeteries? Less-Than-Significant Impact With Mitigation. The Project is situated adjacent to a mix of neighboring agricultural lands, current rural residential properties, future medium to high density residential housing, and existing single-family residences to the southeast. The site’s ground has been previously disturbed as a result of the agriculture, and residential uses and other ground disturbing activities throughout the years.
Nevertheless, the potential remains that human remains could be inadvertently or accidentally uncovered during ground-disturbing activities such as trenching, digging, and the installation of utilities and other infrastructure.
Because there is the slight possibility for the accidental or inadvertent uncovering of human remains during construction, Mitigation Measure CULT-2 would serve to reduce those potential impacts by requiring any work to stop until any found human remains can be properly removed by the County coroner and/or tribes.
Therefore, the Project would result in a less-than-significant impact with mitigation.
Mitigation Measure CULT-2: If human remains are discovered during construction or operational activities, further excavation or disturbance shall be prohibited pursuant to Section 7050.5 of the California Health and Safety Code. The specific protocol, guidelines, and channels of communication 2720
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29 outlined by the Native American Heritage Commission, in accordance with Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code (Chapter 1492, Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall be followed. Section 7050.5(c) shall guide the potential Native American involvement, in the event of discovery of human remains, at the direction of the County coroner. All reports, correspondence, and determinations regarding the discovery of human remains on the project site shall be submitted to the Lead Agency.
6. ENERGY
Would the project:
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Result in a 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
ENVIRONMENTAL SETTING
The Project is situated on a primarily undeveloped site with three single-family residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities.
DISCUSSION
a) Would the project result in a 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 construction of 162 single-family homes on ±14.57 acres, along with associated landscape, hardscape, and infrastructure (i.e., drive aisles, utilities, etc.). The Project would include construction activities typical of residential development, thus, is not generally considered the type of use or intensity that would result in the unnecessary consumption of energy. The units themselves would comply with Title 24 Green Building Standards for energy efficiency, as well as be required to comply with the latest water efficient landscape policy regulations, and California Building Code. Further, the Project would be required to comply with Clovis 2014 General Plan Policy 3.4, and 3.7 of the Open Space and Conservation, which call for the use of water conserving and drought tolerant landscape, as well as energy efficient buildings. Consequently, compliance with these measures would ensure that the Project does not result in a significant impact due to the unnecessary consumption of energy and less-than-significant impact would occur with no mitigation measures.
b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Less-Than-Significant Impact. See discussion under Section 6a above.
7. GEOLOGY AND SOILS
Would the project: Potentially Less Than Less Than No
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30 Significant
Impact
Significant With
Mitigation
Incorporated
Significant
Impact
Impact
a. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
X
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?
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 direct or
indirect risks to life or property?
X
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste disposal systems where
sewers are not available for the disposal of
wastewater?
X
f. Directly or indirectly destroy a unique
paleontological resource or unique geologic
feature?
X
ENVIRONMENTAL SETTING
The 2014 Clovis General Plan EIR identified no geologic hazards or unstable soil conditions known to exist on the Project site.
DISCUSSION
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31 a) Would the project 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?; ii) Strong seismic ground shaking?; iii) Seismic-related ground failure, including liquefaction?; iv) Landslides? Less-Than-Significant Impact. Although the Project site does not have any known faults on the site, the potential remains that seismic ground-shaking could occur from the fault located east of the Project. However, adherence to the most current California Building Codes would ensure that the structures are constructed safely and in compliance with the appropriate building codes. With regards to liquefaction, the 2014 General Plan EIR states that the soil types in the area are not considered conducive to liquefaction due to their high clay content or from being too coarse.6 Further, the site is generally flat and therefore landslides would not occur at the Project site. Overall, due to the location away from a known fault, adherence to the most recent California Building Codes, and the flat topography, a less-than-significant impact would occur with regards to potential impacts from seismic activity.
b) Would the project result in substantial soil erosion or the loss of topsoil? Less-Than-Significant Impact. Although the site is relatively flat, grading activities would be required to ensure a flat and graded surface prior to construction, which may result in the soil erosion and loss of topsoil.
However, as part of the Project, grading plans are required to be submitted and approved by the Engineering Division to ensure appropriate grading of the site. Thus, this review and approval process would ensure that a less-than-significant impact occur, and no mitigation measures are required. c) Would the project 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. See discussion under Section 7a. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating direct or indirect substantial risks to life or property? No Impact. According to the 2014 Clovis General Plan EIR, expansive soils are mostly present in areas along the northern edge of the non-Sphere of Influence (SOI) and the easternmost part of the Clovis non-SOI plan area. Because the Project is not within the vicinity of these areas, there would be no potential for creating direct or indirect substantial risks to life or property with regards to expansive soils. As a result, no impact would occur.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater? No Impact. The Project does not propose the use of septic tanks; therefore, no impact would occur. f) Would the project directly or indirectly destroy a unique paleontological resource or unique geologic feature?
6 2014 Clovis General Plan EIR, Chapter 5: Geology and Soils, page 5.6-3. 2723
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32 Less-Than-Significant Impact With Mitigation. The Project site has been previously disturbed, as well as the immediately surrounding areas with no known occurrences of the discovery of paleontological resources.
In addition, the BRA concluded that the potential for uncovering of subsurface deposits is unlikely.
Nevertheless, the possibility remains that the inadvertent or accidental discovery could occur during ground disturbing construction activities. However, Mitigation Measure GEO-1, below, would serve to protect the accidental discovery of paleontological resources. As such, a less-than-significant with mitigation impact would occur.
Mitigation Measure GEO-1: If prehistoric or historic-era cultural materials are encountered during construction activities, all work in the immediate vicinity of the find shall halt until a qualified professional archaeologist and/or paleontologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeologist, can evaluate the significance of the find and make recommendations. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock as well as historic resources such as glass, metal, wood, brick, or structural remnants.
If the qualified professional determines that the discovery represents a potentially significant cultural resource, additional investigations may be required to mitigate adverse impacts from project implementation. These additional studies may include avoidance, testing, and evaluation or data recovery excavation.
If a potentially eligible resource is encountered, then the qualified professional archaeologist and/or paleontologist, the Lead Agency, and the project proponent shall arrange for either 1) total avoidance of the resource or 2) test excavations to evaluate eligibility and, if eligible, total data recovery. The determination shall be formally documented in writing and submitted to the Lead Agency as verification that the provisions for managing unanticipated discoveries have been met.
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 any applicable plan,
policy or regulation of an agency
adopted for the purpose of reducing
the emissions of greenhouse
gases?
X
ENVIRONMENTAL SETTING
Gases that trap heat in the atmosphere are referred to as greenhouse gases (GHGs) because they capture heat radiated from the sun as it is reflected into the atmosphere. The accumulation of GHG’s has been implicated as a driving force for global climate change. Definitions of climate change vary between and across regulatory authorities and the scientific community, but in general can be described as the changing of the earth’s climate caused by natural fluctuations and anthropogenic activities which alter the composition of the global atmosphere.
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33 Individual projects contribute to the cumulative effects of climate change by emitting GHGs during construction and operational phases. The principal GHGs are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. While the presence of the primary GHGs in the atmosphere are naturally occurring, carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O) are largely emitted from human activities, accelerating the rate at which these compounds occur within earth’s atmosphere. Carbon dioxide is the “reference gas” for climate change, meaning that emissions of GHGs are typically reported in “carbon dioxide-equivalent” measures.
Emissions of carbon dioxide are largely by-products of fossil fuel combustion, whereas methane results from off-gassing associated with agricultural practices and landfills. Other GHGs, with much greater heatabsorption potential than carbon dioxide, include hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and are generated in certain industrial processes.
There is international scientific consensus that human-caused increases in GHGs have and will continue to contribute to global warming, although there is uncertainty concerning the magnitude and rate of the warming.
Potential global warming impacts in California may include, but are not limited to, loss in snowpack, sea level rise, more extreme heat days per year, more high ozone days, more large forest fires, and more drought years. Secondary effects are likely to include a global rise in sea level, impacts to agriculture, changes in disease vectors, and changes in habitat and biodiversity.
In 2005, in recognition of California’s vulnerability to the effects of climate change, Executive Order S-3-05 was signed. The order sets forth a series of target dates by which statewide emission of GHGs would be progressively reduced, as follows: by 2010, reduce GHG emissions to 2000 levels; by 2020, reduce GHG emissions to 1990 levels; and by 2050, reduce GHG emissions to 80 percent below 1990 levels. In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill 32), which requires the California Air Resources Board to design and implement emission limits, regulations, and other measures, such that feasible and cost-effective statewide GHG emissions are reduced to 1990 levels by 2020.
In December 2009, the SJVAPCD adopted guidance for addressing GHG impacts in its Guidance for Valley Land Use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. The guidance relies on performance-based standards, otherwise known as Best Performance Standards (BPS), to assess significance of project-specific GHG emissions on global climate change during the environmental review process. Projects can reduce their GHG emission impacts to a less than significant level by implementing BPS. Projects can also demonstrate compliance with the requirements of AB 32 by demonstrating that their emissions achieve a 29% reduction below “business as usual” (BAU) levels. BAU is a projected GHG emissions inventory assuming no change in existing business practices and without considering implementation of any GHG emission reduction measures.
Significance Criteria
The SJVAPCDs Guidance for Valley Land Use Agencies in Addressing GHG Impacts for New Projects Under CEQA provides initial screening criteria for climate change analyses, as well as draft guidance for the determination of significance.
The effects of project specific GHG emissions are cumulative, and therefore climate change impacts are addressed as a cumulative, rather than a direct, impact. The guidance for determining significance of impacts has been developed from the requirements of Assembly Bill 32. The guideline addresses the potential cumulative impacts that a project’s GHG emissions could have on climate change.
Since climate change is a global phenomenon, no direct impact would be identified for an individual land development project. The following criteria are used to evaluate whether a project would result in a significant impact for climate change impacts:
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34 • Does the project comply with an adopted statewide, regional, or local plan for reduction or mitigation of GHG emissions?
• Does the project achieve 29% GHG reductions by using approved Best Performance Standards? • Does the project achieve Assembly Bill 32 targeted 29% GHG emission reductions compared with BAU?
Projects that meet one of these guidelines would have less-than-significant impact on the global climate. The goal of 29% below BAU for emissions of GHG has been used as a threshold of significance for this analysis.
In December 2022, the 2022 Scoping Plan was approved by the CARB which assesses progress toward achieving carbon neutrality by 2045. Because neither the City of Clovis or the SJVAPCD have developed or adopted numerical GHG significance threshold, the proposed Project was analyzed for consistency with the 2022 Scoping Plan consistent with statewide climate goals. The 2022 Scoping Plan includes key project attributes that reduce operational GHG emissions.
DISCUSSION
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less-Than-Significant Impact. The Project would include the construction and operation of 162 single-family homes and associated infrastructure (i.e., sewer and water infrastructure, roadways, sidewalks, etc.). As such, GHG emissions would be produced through the construction and operational phases of the Project. As a result, an estimate of the Project’s operational emissions indicate that the proposed project will not exceed the significant criteria for daily ROG, NOx, CO, SOx, PM2.5 and PM10. 7 The project will not result in a cumulatively
considerable net increase of any criteria pollutant. With the implementation of recommended mitigation, the proposed project is generally consistent with the key project attributes recommended in the 2022 Scoping Plan, as further discussed below.
The proposed project may contribute to climate change impacts through its contribution of GHGs, due to Vehicle Miles Traveled (VMT). The proposed project would generate a variety of GHGs during construction and operations, including several defined by AB 32, such as CO2, CH4, and N2O from the exhaust of equipment during construction and on-road vehicle trips during construction and operations. Regarding goals for 2050 under Executive Order S‐3‐05, at this time it is not possible to quantify the emissions savings from future regulatory measures with any level of certainty, as they have not yet been developed; nevertheless, it can be anticipated that operation of the project would comply with whatever measures are enacted that state lawmakers decide would lead to an 80 percent reduction below 1990 levels by 2050. In its 2008 Scoping Plan, CARB acknowledged that the “measures needed to meet the 2050 are too far in the future to define in detail.” In the First Scoping Plan Update; however, CARB generally described the type of activities required to achieve the 2050 target: “energy demand reduction through efficiency and activity changes; large scale electrification of on‐road vehicles, buildings, and industrial machinery; decarbonizing electricity and fuel supplies; and rapid market penetration of efficiency and clean energy technologies that requires significant efforts to deploy and scale markets for the cleanest technologies immediately.” The 2017 Scoping Plan provides an intermediate target that is intended to achieve reasonable progress toward the 2050 target. In addition, the 2022 Scoping Plan outlines objectives, regulations, planning efforts, and investments in clean technologies and infrastructure that outlines how the State can achieve carbon-neutrality by 2045. The 2022 7 Air Quality and Greenhouse Gas Technical Memorandum, prepared by Johnson, Johnson, and Miller Air Quality Consulting Services in December of 2023.
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35 Scoping Plan strategies that are applicable to the project include reducing fossil fuel use, energy demand, and vehicle miles traveled; maximizing recycling and diversion from landfills; and increasing water conservation.
The TM6467 project would be consistent with these goals through project design, which include complying with the latest requirements of the CALGreen Code and Building Energy Efficiency Standards. For instance, the latest requirement requires all new single-family homes to be equipped with solar to provide on-site renewable energy. In addition, the project would receive electricity from PG&E, which is required to reduce GHG emissions by increasing procurement from eligible renewable energy by set target years.
Furthermore, the project would be consistent with goals to reduce VMT by constructing new homes near existing residential, commercial, and public uses. The project would also to encourage alternative modes of transportation by providing infrastructure for future EV chargers (consistent with the applicable Building Code) and would provide extensive pedestrian connectivity within the project site and to adjacent land uses. The project would further align with goals in the 2022 Scoping Plan by incorporating a number of sustainable design features, including, but not limited, to installation of energy-efficient light fixtures, high-efficiency plumbing fixtures, EV parking spaces, and rooftop PV systems and solar panels (consistent with the requirements of Title 24). Accordingly, taking into account the proposed project’s emissions, project design features, and the progress being made by the State towards reducing emissions in key sectors such as transportation, industry, and electricity, the project would be consistent with State GHG Plans and would further the State’s goals of reducing GHG emissions to 1990 levels by 2020, 40 percent below 1990 levels by 2030, carbon neutral by 2045, and 80 percent below 1990 levels by 2050, and does not obstruct their attainment.
As described above, the proposed project would be consistent with State GHG Plans and would not obstruct the State’s ability to meet its goals of reducing GHG emissions 40 percent below 1990 levels by 2030, carbon neutral by 2045, and 80 percent below 1990 levels by 2050. Therefore, the project’s generation of GHG emissions would result in a less-than-significant impact. b) Would the project conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases?
Less-Than-Significant Impact. Based on the AQ/GHG Report,8 the analysis contained above in Section A evaluates whether the project would not conflict with any applicable plan, policy, or regulation of an agency adopted to reduce the emissions of GHGs. As discussed above, the project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing emissions GHGs. Consequently, the AQ/GHG Report found this potential impact to be less than significant with no mitigation measures.
9. HAZARDS AND HAZARDOUS MATERIALS
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 X
8 Air Quality and Greenhouse Gas Technical Memorandum, prepared by Johnson, Johnson, and Miller Air Quality Consulting Services in December of 2023.
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36 foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
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 or
excessive noise 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
ENVIRONMENTAL SETTING
For purposes of this chapter, the term “hazardous materials” refers to both hazardous substances and hazardous wastes. A “hazardous material” is defined in the Code of Federal Regulations (CFR) as “substance or material that is capable of posing an unreasonable risk to health, safety, and property when transported in commerce” (49 CFR 171.8). California Health and Safety Code Section 25501 defines a hazardous material as “any material that, because of its quantity, concentration, or physical, or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.” Hazardous materials include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
“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.”
The nearest school to the Project site is Woods Elementary School, located approximately two (2) miles southeast of the site at its closest point.
DISCUSSION
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37 a) Would the project 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 consists of the construction of 162 single-family homes on ±14.57 acres. The type of hazardous materials that would be associated with the Project are those typical of residential uses, such as the use of household cleaners, landscape maintenance products, soaps, and potential pesticides (for pest control). These materials, when used and applied properly, would not necessarily create a significant hazard to the public or the environment. Further, these materials are not anticipated to be stored in large quantities that could pose a threat. Overall, the Project would not routinely transport, use, or dispose of hazardous materials other than those typical of residential development, which are not generally considered of the type or quantity that would pose a significant hazard to the public when used as directed.
During construction, typical equipment and materials would be used that are associated with residential construction; however, any chemicals or materials would be handled, stored, disposed of, and/or transported according to applicable laws. Consequently, because the Project is not of the type of use that would routinely transport, use, or dispose of hazardous materials a less-than-significant impact would occur with no mitigation measures.
b) Would the project 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. See discussion above under Section 9a. c) Would the project 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. As mentioned above, the Project site is located approximately two (2) miles from the nearest school. Further, the Project is not of the type of use typically associated with emitting hazardous emissions or handling the type or quantity of hazardous materials such that it would pose a risk or threat to the school, or surrounding area. Therefore, no impact would occur.
d) Would the project 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 the California Department of Toxic Substance Control EnviroStor Database, the Project site is not located on or within the immediate vicinity of a hazardous materials site.9 Therefore, no impact would occur.
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 or excessive noise for people residing or working in the project area? No Impact. The Project is located approximately seven (7) miles northeast of the Fresno Yosemite International Airport and is not within the Airport Influence Area, safety zones, noise, or airspace and overflight areas. Therefore, no impact would occur.
9 California Department of Toxic Substance Control, EnviroStor Database, https://www.envirostor.dtsc.ca.gov/public/map/?global_id=71003467, accessed on October 7, 2024. 2729
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38 f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less-Than-Significant Impact. The Project will connect in the internal street network to N. Minnewawa, E.
Perrin and N. Clovis Avenues. Although the Project could result in temporary traffic detouring or closures during buildout, these delays would be temporary and would be coordinated with the City Planning and Development Services Department and other departments to ensure safe access to and from the area is maintained. Further, the site itself would be reviewed by City departments to ensure adequate site access and circulation is provided in the event of an emergency. Overall, a less-than-significant impact would occur with no mitigation measures.
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. The Project site it is not located in an area typically associated with wildfires.
Although urban fires could occur, the Project would be constructed to the latest fire code standards, which would include fire sprinklers in each unit, as well as the installation of several fire hydrants throughout the site as required by the Clovis Fire Department. Further, other life safety features would be required such as smoke detectors, which would be reviewed and checked by the Fire Department to ensure proper operation prior to occupancy. Ultimately, a less-than-significant impact would occur with no mitigation measures.
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: (i) result in substantial
erosion or siltation on- or off-site; (ii)
substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or offsite; (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 (iv)
impede or redirect flood flows?
X
i. Result in substantial erosion or siltation X
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39 on- or off-site?
ii. Substantially increase the rate or amount
of surface runoff in a manner which
would result in flooding on- or offsite? 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?
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
ENVIRONMENTAL SETTING
The City is within the drainages of three streams: Dry Creek, Dog Creek, and Redbank Slough. On the north, Dry Creek discharges into the Herndon Canal in the City of Fresno west of Clovis. South of Dry Creek, Dog Creek is a tributary of Redbank Slough, which discharges into Mill Ditch south of Clovis (USGS 2012). A network of storm drains in the City discharge into 31 retention basins, most of which provide drainage for a one- to two-square-mile area. Most of the Plan Area east and northeast of the City is not in drainage areas served by retention basins.
The Project is located within the FMFCD boundary, and subject to its standards and regulations. Detention and retention basins in the FMFCD’s flood control system are sized to accommodate stormwater from each basin’s drainage area in built out condition. The current capacity standard for FMFCD basins is to contain runoff from six inches of rainfall during a 10-day period and to infiltrate about 75 to 80 percent of annual rainfall into the groundwater basin (Rourke 2014). Basins are highly effective at reducing average concentrations of a broad range of contaminants, including several polyaromatic hydrocarbons, total suspended solids, and most metals (FMFCD 2013). Pollutants are removed by filtration through soil, and thus do not reach the groundwater aquifer (FMFCD 2014). Basins are built to design criteria exceeding statewide Standard Urban Stormwater Mitigation Plan (SUSMP) standards (FMFCD 2013). The urban flood control system provides treatment for all types of development—not just the specific categories of development defined in a SUSMP—thus providing greater water quality protection for surface water and groundwater than does a SUSMP.
In addition to their flood control and water quality functions, many FMFCD basins are used for groundwater recharge with imported surface water during the dry season through contracts with the FID and the cities of Fresno and Clovis (FMFCD 2013).
The pipeline collection system in the urban flood control system is designed to convey the peak flow rate from a two-year storm.
Most drainage areas in the urban flood control system do not discharge to other water bodies and drain mostly through infiltration into groundwater. When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter 2731
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40 to a storm drain inlet in an adjoining drainage area (Rourke 2014). Two FMFCD drainage areas discharge directly to the San Joaquin River, and three to an irrigation canal, without storage in a basin. Six drainage areas containing basins discharge to the San Joaquin River, and another 39 basins discharge to canals (FMFCD 2013).
A proposed development that would construct more impervious area on its project site than the affected detention/retention basin is sized to accommodate is required to infiltrate some stormwater onsite, such as through an onsite detention basin or drainage swales (Rourke 2014).
The Big Dry Creek Reservoir has a total storage capacity of about 30 thousand acre-feet (taf) and controls up to 230-year flood flows. Fancher Creek Dam and Reservoir hold up to 9.7 taf and controls up to 200-year flood flows. Redbank Creek Dam and Reservoir hold up to 1 taf and controls up to 200-year flood flows.
Groundwater
Clovis is underlain by the Kings Groundwater Basin that spans 1,530 square miles of central Fresno County and small areas of northern Kings and Tulare counties. Figure 5.9-4, Kings Groundwater Basin, shows that the basin is bounded on the north by the San Joaquin River, on the west by the Delta-Mendota and Westside Subbasins, the south by the Kings River South Fork and the Empire West Side Irrigation District, and on the east by the Sierra Nevada foothills. Depth to groundwater in 2016 ranged from 196.5 feet at the northwest City boundary to 69.5 feet at the southeast City boundary (Clovis 2016), 25 feet at the southeast SOI boundary, and about 20 feet at the eastern Plan Area boundary (FID 2013). The Kings Subbasin has been identified as critically overdrafted (Provost & Pritchard 2011).
In the Plan Area, groundwater levels are monitored by the City of Clovis and FID. The overall area has not experienced land subsidence due to groundwater pumping since the early 1900s (FID 2006). Subsidence occurs when underground water or natural resources (e.g., oil) are pumped to the extent that the ground elevation lowers. No significant land subsidence is known to have occurred in the last 50 years as a result of land development, water resources development, groundwater pumping, or oil drilling (FID 2006). The City has identified a localized area of subsidence of 0.6 feet in the vicinity of Minnewawa and Herndon Avenues within the last 14 years (Clovis 2016). Regional ground subsidence in the Plan Area was mapped as less than one foot by the US Geological Survey in 1999 (Galloway and Riley 1999). Groundwater levels in the San Joaquin Valley are forecast to hit an all-time low in 2014 (UCCHM 2014).
New development in accordance with the General Plan Update would increase the amount of impervious surface in the Plan Area, potentially affecting the amount of surface water that filters into the groundwater supply. Groundwater levels are monitored in the Plan Area by the FID and the City of Clovis. As described in the 2015 City of Clovis Urban Water Management Plan (UWMP), groundwater recharge occurs both naturally and artificially throughout the City. The Kings Groundwater Basin area is recharged through a joint effort between the Cities of Clovis and Fresno and the FID (CDWR 2006). Approximately 8,400 acre-feet per year (afy) of water are intentionally recharged into the Kings Groundwater Basin by the City of Clovis, and approximately 7,700 afy of water naturally flow into groundwater in the City’s boundaries (Clovis 2011).
The FMFCD urban stormwater drainage system would provide groundwater infiltration for runoff from developed land uses in detention basins in the drainage system service area.
Projects pursuant to the proposed General Plan Update and developed outside of the FMFCD urban stormwater drainage system would be required to meet the requirements of NPDES regulations, including the implementation of BMPs to improve water retention and vegetation on project sites.
DISCUSSION
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41 a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less-Than-Significant Impact. The Project is located on a site that was previously anticipated for residential use. As with any development, existing policies and standards are required to be complied with, which are assessed during review of the entitlements. As such, the Engineering Division, as well as outside agencies such as the FMFCD review all plans to ensure that none of the water quality standards are violated and that waste discharge requirements are adhered to during construction and operation of the Project. Consequently, this process of Project review and approval would ensure that a less-than-significant impact occur with no mitigation measures.
b) Would the project 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 Project would not deplete groundwater supplies or interfere with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level due to the Project. The 2014 General Plan EIR identified a net decrease in ground water aquifer throughout the region, however, because the City’s domestic water system is primarily served through surface water via existing water entitlements, the loss of aquifer is less than significant. The City has developed a surface water treatment plant (opened in June 2004) that reduces the need for pumped groundwater, and has also expanded the municipal groundwater recharge facility. The Projects impacts to groundwater are less than significant with no mitigation measures required. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would: (i) result in substantial erosion or siltation on- or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; (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 (iv) impede or redirect flood flows? Less-Than-Significant Impact. There are no streams or rivers on the site that would be altered as a result of the Project. Further, some of the infrastructure surrounding the site, such as storm drains are already in place from existing development to the south. The site is mostly pervious since it is currently undeveloped, and as a result, the Project would increase the number of impervious surfaces by installing paving for roadways and sidewalks. However, the drainage pattern would be constructed per existing policies and regulations through review of the plans by the City Engineering Division and the FMFCD to ensure the site is properly and adequately drained such that the storm drain system is maintained and so that no flooding occurs.
Consequently, this review and approval by City engineers and FMFCD would mean that the Project result in a less-than-significant impact would occur with no mitigation measures. d) Would the project, in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Less-Than-Significant Impact. Due to the Central Valley’s location away from the ocean, an impact from a tsunami is unlikely. The majority of the site is located within the 1% annual flood (100-year flood) area as mapped by Federal Emergency Management Agency (FEMA); however, the CMC Section 8.12, Floodplain Management lists standards and requirements for new construction within special flood zones; therefore, the Project would implement flood hazard management as required by the CMC. As a result of adhering to required flood hazard management, the Project would not risk the release of pollutants due to inundation and 2733
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42 consequently, the Project would result in a less-than-significant impact would occur with no mitigation measures.
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less-Than-Significant Impact. The City of Clovis is within the North Kings County Groundwater Sustainability Agency (GSA). Pursuant to the Sustainable Groundwater Management Act of 2014 (SGMA), certain regions in California are required to develop and implement a groundwater management plan that sustainably manages groundwater resources. The proposed Project would comply with the 2020 City of Clovis UWMP which promotes programs and policies to manage water supplies. Nevertheless, the Project would derive the majority of its water from surface water sources and does not propose or include plans for groundwater use. With regards to water quality control, the Project would be required to adhere to appropriate storm drain conveyance and the protection of water resources which would include the installation of backflow preventers. Consequently, the Project would result in a less-than-significant impact with no mitigation measures.
11. LAND USE AND PLANNING
Would the project:
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Physically divide an existing
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
ENVIRONMENTAL SETTING
As described above in the Project Description, the Project is located on a primarily undeveloped site with three single-family residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities.
DISCUSSION
a) Would the project physically divide an existing community? Less-Than-Significant Impact. Although the Project is located on a primarily undeveloped site with three single-family residences, and accessory buildings, the surrounding area consists of primarily agricultural uses designated for future residential development at varying densities. Typically, physically dividing existing communities is associated with the construction of a new road intersecting an established area or introducing uses that are not necessarily in line with the existing uses and planned land uses of the area. However, the Project site has been previously designated in the 2014 Clovis General Plan and zoned for residential use.
Consequently, because the proposed Project is the type of use previously planned for this site and the general areas, it would not physically divide an existing community. Rather, it seeks to add new housing stock to the City with installation of a new public sidewalk and roadway infrastructure. Therefore, a less-than-significant impact would occur, and no mitigation measures are required. 2734
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43 b) Would the project 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. As mentioned in the Existing Setting Section above, the Project site is currently within the County of Fresno jurisdiction and zoned AE-20 (Exclusive Agricultural). However, the Project site will be rezoned to the R-1-PRD (Single-Family Planned Residential Development) Zone District though a separate entitlement application (Rezone 2024-005). According to Section 9.10.010(B)(5) of the CMC, the R-1-PRD Zone District identifies areas appropriate for single-family small lot uses, including attached and detached single-family structures on small lots. If approved, the Project will be required to go through the RSPR entitlement process for review for compliance with relevant design policies, such as in the Heritage Grove Master Plan, the CMC, and the General Plan. During the review, the height, color, and materials are reviewed for consistency with these plans and guidelines. As a result of the Project in complying with the land use and zoning designation upon approval, as well as the review process ensuring General Plan and other applicable policies are adhered to, the Project would result in a less-than-significant impact with regards to conflicting with a land use plan. No mitigation measures are required.
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
ENVIRONMENTAL SETTING
The City of Clovis 2014 General Plan EIR defines minerals as any naturally occurring chemical elements or compounds formed from inorganic processes and organic substances.10 The 2014 General Plan EIR indicates that there are no active mines or inactive mines within the Plan Area of the City of Clovis.
DISCUSSION
a) Would the project 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. As stated above, the City of Clovis does not have any active mines or inactive mines. Therefore, no impact would occur.
b) Would the project 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. Please refer to the discussion under Section 12a. 10 2014 Clovis General Plan EIR, Chapter 5: Mineral Resources, page 5.11-1. 2735
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44 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
ENVIRONMENTAL SETTING
The Project is located on a primarily undeveloped site with three single-family residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities. As such, existing ambient noise levels are typical of those associated with residential development, such as the sound of vehicles passing by, the sound of talking, and recreation could be expected within the Project vicinity. As a result of construction existing ambient noise levels may be slightly elevated as a result of the use of construction equipment, such as large trucks, tractors, and other construction tools associated with residential development. These increases would be temporary, however, and would cease upon completion of the neighborhood.
DISCUSSION
a) Would the project result in 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? Less-Than-Significant Impact. The Project would include development of 162 single-family homes on a primarily undeveloped site. Thus, the Project would result in a temporary and permanent increase in ambient noise levels as a result of construction and operation. However, as mentioned above, the Project site will be surrounded by residential development of varying densities. The Project would introduce new ambient noise from the construction and operation of the homes, these noises would represent the typical type of noise levels that is expected for a planned residential land use. While increases in ambient noise would occur due to the construction of the Project, this increase would be temporary and would be required to adhere to local regulations limiting the hours of construction.
The CMC Section 9.22.080, Noise, sets forth noise standards for development which would need to be complied with. For example, construction would only be permitted between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 5:00 p.m. on weekends. However, between June 1 and September 15, construction may begin at 6:00 a.m. on weekdays. Consequently, a less-than-significant impact would occur.
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45 b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Less-Than-Significant Impact. The Project includes development of 162 single-family homes and associated infrastructure (i.e., sidewalks, roadways, curb, gutter, stormdrains, etc.). Therefore, construction equipment typical of the development of residential homes would be utilized temporarily. This equipment could include the use of heavy tractors, trucks, and other equipment; however, this type of equipment isn’t typically associated with excessive groundborne vibration. If any vibration were to occur, it’s likely that it would be temporary in nature and not at levels that would significantly impact the surrounding area. Further, the Project would be required to comply with the provisions of Section 9.22.090 of the CMC which requires that vibration not be perceptible along property lines and that it shall not interfere with operations or facilities on adjoining parcels. It’s important to note also that temporary construction vibration and noise is exempt from these provisions due to the fact that construction is temporary. Overall, because the type of equipment likely to be used in the development of the Project is not considered to be of the type and intensity to result in substantial vibration or groundborne noise, the impact would be less than significant and no mitigation measures are required.
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? No Impact. The Project is located approximately seven (7) miles north of the Fresno Yosemite International Airport and is not within the Airport Influence Area, safety zones, noise, or airspace and overflight areas.
Therefore, no impact would occur.
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
ENVIRONMENTAL SETTING
The Project is located on a site that is planned for residential use in the 2014 Clovis General Plan. The Project site is ±14.57 acres and proposes 162 single-family homes.
DISCUSSION
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46 a) Would the project 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 would result in 162 single-family homes. The Project site has an existing General Plan Land Use designation of Medium and Medium High Density Residential which allows for a blended density range. calculated with gross acres; the Project site would require a range of 60 to 183 dwelling units. The proposed density is 11.2 units per gross acre. Further, the Project includes residential use on a site that is planned for the type of use being proposed. Unplanned population growth is typically associated with providing new services in remote areas of the City or other infrastructure that was not previously identified in the General Plan. Although the Project would result in new housing units and population to the site, this growth was previously planned and anticipated under the 2014 General Plan. Thus, a less-than-significant impact would occur, and no mitigation measures are required. b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Less-Than-Significant Impact. The Project site is the Project is located on a primarily undeveloped site with three single-family residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities. Therefore, the Project would not result in the substantial displacement of existing people or housing and a less-than-significant impact would occur.
15. PUBLIC SERVICES
Would the project:
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the Project 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:
a. Fire protection? X
b. Police protection? X
c. Schools? X
d. Parks? X
e. Other public facilities? X
ENVIRONMENTAL SETTING
The Project would be served by the Clovis Fire Department, Clovis Police Department, with mutual aid from the City of Fresno, when needed. The Project site would also be within the Clovis Unified School District.
The nearest fire station is Fire Station #3, located approximately two (2) miles south of the site. The other closest fire station is Fire Station #5, located approximately five (5) miles to southeast of the site.
DISCUSSION
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47 a) Would the project 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 fire protection services? Less-Than-Significant Impact. Although the Project would result in 162 new residential units, the site is located adjacent to an area of the City that is already served by the Clovis Fire Department. Upon annexation (RO310), the Project will then be located in an area the City will be able to serve. Also, the site itself is in close proximity to Fire Station’s #3 and #5, which would mean that response times should be able to be maintained during calls for service. As part of the entitlement process for the Project, the Clovis Fire Department will review the design and site layout to ensure adequate fire safety measures and site circulation are achieved.
This would include placement of new fire hydrants in certain locations throughout the site, adequate drive widths for fire truck and emergency vehicle access, and the appropriate application of fire codes, such as installation of sprinkler systems, fire alarms, and smoke detectors. Overall, with the site’s close proximity to numerous fire stations, construction that would meet the latest fire code standards, and review by the Clovis Fire Department, impacts related to effects on the performance of the Fire Department would be less-thansignificant and no mitigation measures are required. b) Would the project 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 police protection services?
Less-Than-Significant Impact. Although the Project would result in 162 new residential units, the site is located adjacent to an area of the City this already able to be served by the Clovis Police Department. Upon annexation (RO310), the Project will then be located in an area the City will be able to serve. The Clovis Police Department headquarters are located at 1233 Fifth Street, which is approximately five (5) miles from the site. As part of the entitlement process for the Project, the Clovis Police Department will review the design and site layout to ensure adequate safety measures are achieved. Consequently, a less-than-significant impact would occur and no mitigation measures are required. c) Would the project 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 schools? Less-Than Significant Impact. As part of the review process, Clovis Unified School District (CUSD) is provided the opportunity to comment and work closely with the City as development is proposed. As mentioned previously, the Project site was previously planned for residential development, as indicated in the 2014 Clovis General Plan. As such, the CUSD has been aware of the potential for this type of development at this location. As part of the process, the Project would be required to pay school fees which typically go towards the improvement and/or construction of new schools or expanding existing schools if and when needed, as determined by the CUSD. Therefore, because the Project is consistent with what was previously planned for at this site in addition to payment of appropriate school fees set by the CUSD, a less-thansignificant impact would occur and no mitigation measures are required. 2739
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48 d) Would the project 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 parks? Less-Than-Significant Impact. Although the Project proposes one (1) 8,639 square foot park and one (1) 13,358 square foot park, these parks would not cause significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives for parks. Furthermore, the Project is required to request annexation to and provide a covenant for the Landscape Maintenance District.
Consequently, a less-than-significant impact would occur and no mitigation measures are required. e) Would the project 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 other public facilities? Less-Than-Significant Impact. Although the Project would result in 162 new residential units, residential uses have been previously planned for in the 2014 Clovis General Plan in this area. Also, through the entitlement process, the Project would undergo review by several departments and agencies for compliance with appropriate regulations and policies. This could result in various impact fees that are intended to maintain and enhance public facilities as appropriate to be able to accommodate the Project. As such, payment of the typical development fees, as well as project review by the different department and agencies, would result in the Project having a less-than-significant impact to public facilities. No mitigation measures are required.
16. RECREATION
Would the project:
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Would the project 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 that
might have an adverse physical effect
on the environment?
X
ENVIRONMENTAL SETTING
The nearest existing recreational site is Dry Creek Trailhead, located at the corner of Shepherd and Sunnyside Avenues. A future community park is planned approximately 200 feet east of the Project site.
DISCUSSION
a) Would the project 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? 2740
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49 Less-Than-Significant Impact. As mentioned in the Population and Housing section of this Initial Study, the Project is of the type previously planned and accounted for in the 2014 Clovis General Plan. Although 162 new residential units would be constructed, therefore, adding new population to the area that may utilize parks within the surrounding area, this growth was planned for with regards to park usage throughout the city.
Further, the Project itself would include landscaped and open space areas on-site for its residents, as well as a pocket park space within the neighborhood, thereby, providing areas of recreation within the site itself. The Project would also be required to comply with 2014 General Plan Policy 2.2 of the Open Space and Conservation Element which encourages the incorporation of on-site natural resources. b) Does the project 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 site itself would construct an on-site neighborhood park. The Project itself would not require the construction or expansion of new recreational facilities elsewhere that would have an adverse physical effect on the environment. The Project would also be required to contribute a proportionate share towards the acquisition and development of future parks in order for the City to maintain its adopted ratio of providing four (4) acres of parkland per 1,000 residents, as stated in Policy 1.1 in the Open Space and Conservation Element of the 2014 General Plan, and Section 3.4.03 of the CMC. As such, a lessthan-significant impact would occur and no mitigation measures are required.
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 section 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
ENVIRONMENTAL SETTING
The project is bound by N. Minnewawa Avenue to the west, E. Perrin Avenue to the north, and N. Clovis Avenue to the east. The circulation network serving the site including internal site circulation will be constructed as part of the project.
According to the 2014 Clovis General Plan Circulation Diagram in the Circulation Element (Figure C-1 of the Circulation Element), East Perrin Avenue is classified as a “Collector” street. Collectors generally intended to provide for relatively short distance travel between and within neighborhoods and that serve longer through trips. North Minnewawa and North Clovis Avenues are classified as “Arterial” roads. An arterial road is a high2741 AGENDA ITEM NO. 17.
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50 capacity road that connects different areas of the city and is a crucial part of the national transportation system. Arterial roads are designed to carry large amounts of traffic efficiently and minimize delays.
A Transportation Impact Analysis (TIA) and Vehicle Miles Traveled Analysis (VMT) was prepared by JLB Traffic Engineering, Inc. in April of 2024 (included as Appendix D and E of this Initial Study). The information and analysis in the following sections is based in part on the results of the TIA and VMT.
DISCUSSION
a) Would the project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less-Than-Significant Impact. As mentioned above, the site is on land that was previously planned for residential use in the 2014 Clovis General Plan. As described in the Population and Housing section above, the Project will be consistent with the planned density. The 2024 Clovis General Plan considers level of service (LOS) D as the LOS standard vehicle traffic operations, except for roadway segments that are adopted in the City’s General Plan EIR to operate at LOS E or F. At study intersections under the jurisdiction of the City of Clovis, a significant impact would occur at a signalized intersection when LOS falls below the target LOS of D with the addition of project traffic or when project increases the average delay at an intersection already operating at an unacceptable LOS.
The TIA studied seven (7) intersections 1) Minnewawa and Behymer Avenues, 2) Minnewawa and Perrin Avenues, 3) Clovis and Perrin Avenues (future), 4) Clovis and Baron Avenues, 5) Peach and Shepherd Avenues, 6) Minnewawa and Shepherd Avenues, and 7) Clovis and Shepherd Avenues for existing conditions, existing-plus-project conditions, near term with project conditions, and cumulative conditions to the year 2046. Each scenario is based on the Projects a.m. and p.m. peak hour trips as determined in the TIA.
According to the TIA, the Project would result in 113 trips in the a.m. peak hours of between 7:00 a.m. and 9:00 a.m. and 152 trips in the p.m. peak hours between 4:00 p.m. and 6:00 p.m., as well as a total of 1,528 daily vehicle trips. Per the TIA, with incorporation of improvements recommended for each scenario, all study intersections will operate at satisfactory LOS levels thus, the Project, will not conflict with the Circulation Element of the 2014 General Plan. Consequently, a less-than-significant impact would occur. No mitigation measures are required.
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Significant and Unavoidable Impact. Senate Bill 743 (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 proposed project adds excessive car travel onto our roads, the proposed project may cause a significant transportation impact. Per CEQA Guidelines Section 15064.3(b)(4) a lead agency has discretion to choose the most appropriate methodology to evaluate a project’s VMT, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s VMT and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate VMT and any revisions to model outputs should be documented and explained in the environmental document prepared for the project.
On October 17, 2022, the City of Clovis adopted the Transportation Impact Analysis Guidelines (Guidelines), dated September 15, 2022. Consistent with CEQA Guidelines Section 15064.3, the City of Clovis has adopted thresholds of significance to determine when a project will have a significant transportation impact based on VMT. The City has developed screening criteria to streamline the analysis for projects that meet certain 2742
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51 criteria. A project will require a detailed VMT analysis unless it meets at least one of the City’s five screening criteria11:
• Small Projects that generate less than 500 vehicle trips per day (i.e., Single-Family Residential developments with less than 53 dwelling units).
• Provision of affordable housing
• Local-serving retail projects with areas of 100,000 square feet and below • Projects located in a High-Quality Transit Area (HQTA) as defined on page 8 of the City’s Transportation Impact Analysis Guidelines
• Project located in low VMT area
The Project does not qualify for the screening criteria; therefore, shall be evaluated per Guidelines thresholds.
The significance thresholds and specific VMT metrics are described on page 10 of the City’s Transportation Impact Analysis Guidelines. Per the City’s Transportation Impact Analysis Guidelines, the residential land use impact threshold is 14.1 VMT per capita. The Project will generate 48.5 VMT per capita which is greater than the threshold of 14.1 VMT per capita; therefore, the Project would create a significant transportation impact.
Feasible mitigation measures must be identified to avoid or substantially reduce a significant impact under CEQA. Mitigation of VMT impacts typically requires changes in habits and behaviors of residents. Project design features that encourage mode shift from automobiles to transit or nonmotorized modes can potentially reduce project specific VMT. The potential VMT reduction was estimated using the California Air Pollution Control Officers Association’s (CAPCOA) “Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity – Designed for Local Governments, Communities, and Project Developers” dated December 2021.
Although the Project would create a significant transportation impact, the project is consistent with the City’s General Plan. During preparation of the 2014 General Plan Circulation Element Update, a Supplemental Environmental Impact Report was prepared, along with a statement of Overriding consideration, that discussed the potential environmental impacts and required mitigation measures to be implemented/followed by all future projects that are consistent with the General Plan. The project will be conditioned to implement and follow these measures.
The City adopted a Supplemental Environmental Impact Report (SEIR) for the 2014 General Plan Circulation Element Update on October 17, 2022. The SEIR evaluated potential land uses consistent with the General Plan and their associated VMT impacts. The SEIR finds that implementation of the 2014 General Plan may result in VMT metrics that are greater than the applicable thresholds. Mitigation measures include policies to reduce VMT. Because the City cannot demonstrate that the implementation of these policies would achieve VMT reductions to meet the VMT thresholds, the impacts would remain significant and unavoidable.
Therefore, following approval of the SEIR, individual land use development projects that are consistent with the 2014 General Plan have the opportunity to tier their environmental review from the General Plan SEIR pursuant to section 15152 of the CEQA Guidelines. The SEIR has disclosed the VMT impacts of land use development consistent with the General Plan. Therefore, significant, and unavoidable VMT impacts associated with the General Plan have already been disclosed. Because the proposed Project is consistent with the 2014 General Plan, the Project’s significant transportation impact does not require the preparation of a project specific EIR. Although the Project, has been determined to be consistent with the 2014 General Plan and is tiering from the SEIR, it would remain a significant and unavoidable impact. 11 Transportation Impact Analysis, JLB Traffic Engineering, Inc., April 17, 2024, page 6. 2743
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52 c) Would the project 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 would result in a significant impact if it would include features that would create a hazard such as a sharp curve in a new roadway or create a blind corner or result in sight distance issues from entryways. Through the entitlement process, the Project would undergo review by multiple City divisions, such as Planning and Engineering, to ensure that the site layout conforms to existing regulations, such as the CMC, and other applicable codes, such as the fire code and building code. During this review, the Project would need to make the necessary corrections to ensure that no hazardous design features would result from the Project. Further, the main roadway network (N. Minnewawa, E. Perrin and N.
Clovis Avenues) will be constructed to City roadway standards. Therefore, because the Project would undergo site plan and design review to ensure consistency and adherence to applicable design and site layout guidelines, a less-than-significant impact would occur, and no mitigation measures are required. d) Would the project result in inadequate emergency access? Less-Than-Significant Impact. The Project would include two (2) ingress/egress access points to the proposed development, one (1) from N. Minnewawa Avenue and one (1) from E. Perrin Avenue. As part of the Project review, the Clovis Fire Department would review all plans to ensure adequate emergency access is provided. This review includes review for adequate roadway widths, turning radii, as well as adequate access to units and accessibility to water. Consequently, because the Project plans would be required by the CMC to be reviewed and approved by Clovis Fire Department and Police Department prior to construction, this impact would be less-than-significant and no mitigation measures are required.
18. TRIBAL CULTURAL RESOURCES
Would the project:
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 Public Resources Code section
5020.1(k)?
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 Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Section
5024.1 for the purposes of this paragraph,
the lead agency shall consider the
significance of the resource to a California
Native American Tribe?
X
ENVIRONMENTAL SETTING
On September 25, 2014, Governor Jerry Brown signed Assembly Bill (AB52), which intends to protect a new class of recourse under CEQA. This new class is Tribal Cultural Resources and provides an avenue to identify Tribal Cultural resources through a consultation process. AB52 applies to all projects where a Notice of 2744
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53 Determination is filed. Furthermore, the consultation process is required to be complete prior to filing a Notice of Intent.
City staff conducted Native American Consultation in compliance with AB52. In compliance with AB52, invitations for consultation were mailed on July 2, 2024, which affords Native tribes thirty (30) days to respond and to request consultation. During this timeframe, no requests for consultations were received. The Cultural Study prepared by Peak & Associates Inc. dated December 2023 included a records search from the CHRIS SSJVIC and no tribal resources were found.
DISCUSSION
a) Would the project cause a substantial adverse change to 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)?
No Impact. See discussion under Section 5a.
b) Would the project cause a substantial adverse change to 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 Resources Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American Tribe? Less-Than-Significant Impact With Mitigation. The Project site is developed but would require trenching and ground-disturbing activities during construction for the installation of utility infrastructure needed to serve the Project. Although no cultural resources were identified at the site, the potential remains that cultural resources could be inadvertently discovered during ground-disturbing activities. However, implementation of Mitigation Measures TCR-1 and TCR-2 below would reduce potential significant impacts and ensure protection in the event of accidental discovery of any cultural resources. With Mitigation Measure TCR-1 and TCR-2, impacts would be less-than-significant with mitigation.
Mitigation Measure TCR-1: If cultural or archaeological materials are encountered during construction activities, all work in the immediate vicinity of the find shall halt until a qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeologist, can evaluate the significance of the find and make recommendations. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock as well as historic resources such as glass, metal, wood, brick, or structural remnants.
If the qualified professional archaeologist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required to mitigate adverse impacts from project implementation. These additional studies may include avoidance, testing, and evaluation or data recovery excavation.
If a potentially eligible resource is encountered, then the qualified professional archaeologist, the Lead Agency, and the project proponent shall arrange for either 1) total avoidance of the resource or 2) test excavations to evaluate eligibility and, if eligible, total data recovery. The determination shall be formally documented in writing and submitted to the Lead Agency as verification that the provisions for managing unanticipated discoveries have been met.
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INITIAL STUDY
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54 Mitigation Measure TCR-2: If human remains are discovered during construction or operational activities, further excavation or disturbance shall be prohibited pursuant to Section 7050.5 of the California Health and Safety Code. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code (Chapter 1492, Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall be followed. Section 7050.5(c) shall guide the potential Native American involvement, in the event of discovery of human remains, at the direction of the County coroner. All reports, correspondence, and determinations regarding the discovery of human remains on the project site shall be submitted to the Lead Agency.
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 effects?
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 that 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 reduction statutes and
regulations related to solid waste?
X
ENVIRONMENTAL SETTING
The electricity and natural gas services in the City of Clovis are provided by PG&E. AT&T/SBC provides telephone service to the City.
The City’s water supply sources include groundwater drawn from the Kings Sub-basin of the San Joaquin Valley Groundwater Basin and surface water from the FID. Surface water is treated at the City of Clovis Surface Water Treatment Facility.
The City of Clovis provides sewer collection service to its residents and businesses. Treatment of wastewater occurs at the Fresno-Clovis Regional Wastewater Treatment Plant (RWTP). The Fresno-Clovis RWTP is 2746
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
55 operated and maintained by the City of Fresno and operates under a waste discharge requirement issued by the Central Valley Regional Water Quality Control Board. Additionally, the City has completed a 2.8 mgd wastewater treatment/water reuse facility, which will service the City’s new growth areas.
The FMFCD has the responsibility for storm water management within the Fresno-Clovis metropolitan area of the Project site. Stormwater runoff that is generated by land development is controlled through a system of pipelines and storm drainage detention basins.
DISCUSSION
a) Would the project 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 includes construction of 162 residential units. As mentioned above, the site is a use previously accounted for in the 2014 Clovis General Plan. Further, as part of the review process for the Project, the wastewater impacts will be evaluated by the City Engineer to ensure compliance with the City’s Wastewater Master Plan, as well as FMFCD, so that the Project would not exceed wastewater treatment requirements such that a new facility would be required nor would the existing treatment facility need to be expanded. While the Project would introduce new units at this site, the type of development would be consistent with the land use designation and Zone District. Upon review and approval by the City Engineer, the Project would result in a less-than-significant impact. No mitigation measures are required. b) Would the project 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. The Project is of the type of development previously accounted for the in 2014 Clovis General Plan. The Project will be primarily served through surface water and will be required to purchase water allocation rights through Fresno Irrigation District. Therefore, the Project is anticipated to be adequately served by City water. Further, the Project would comply with current Green Building Codes, as well as the water efficient landscape policies with regards to water conserving features. Lastly, the Project would be required to comply several water conserving policies, such as Policy 3.4 and 3.5 of the Open Space and Conservation Element. Overall, a less-than-significant impact would occur with no mitigation measures c) Would the project result in a determination by the wastewater treatment provider that 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. Because the Project is of the type previously planned and accounted for in the 2014 Clovis General Plan, it is not likely that the Project would result in a demand that would exceed the capacity of the wastewater treatment facility. Further, the Project is reviewed by the appropriate departments and agencies to ensure compliance and adequate capacity with regard to infrastructure, such as the ability to provide adequate wastewater treatment. Consequently, the impact would be less than significant. No mitigation measures are required.
d) Would the project 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 Project would introduce new solid waste throughout construction and operation of the Project. However, the Project would be required to comply with Chapter 6.3.1, Recycling and Diversion of Construction and Demolition Debris, of the CMC during construction. This section of the CMC 2747
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
56 requires that a minimum of fifty percent (50%) of waste tonnage from a project be diverted from disposal, and that all new residential (and commercial) construction within the City shall submit and obtain approval for a waste management plan prior to construction activities. Compliance with these measures would ensure that the Project does not result in a significant impact during the construction phase of the Project. Further, compliance with policies in the General Plan for the reduction and recycling of solid waste would serve to reduce impacts of solid waste by promoting and encouraging the recycling of materials. Lastly, according to the California Department of Resources Recycling and Recovery (CalRecycle), the City of Clovis has exceeded their target per resident disposal rate of 4.7 pounds per day per resident, meaning that Clovis residents are actually producing less solid waste than the target set by the State.12 Consequently, a lessthan-significant impact would occur. No mitigation measures are required. e) Would the project comply with federal, state, and local management reduction statutes and regulations related to solid waste?
Less-Than-Significant. See discussion 19d above.
20. WILDFIRE
If located in or near state responsibility
areas 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
ENVIRONMENTAL SETTING
The Project is situated on a primarily undeveloped site with three single-family residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities.
12 Calrecycle, City of Clovis,
https://www2.calrecycle.ca.gov/LGCentral/DiversionProgram/JurisdictionDiversionPost2006, accessed September 30, 2024.
2748
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
57 DISCUSSION
a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
Less-Than-Significant Impact. The Project is located on a primarily undeveloped site with three single-family residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities. The Project will be required to improve N. Minnewawa and E. Perrin Avenues to City Standards. Additionally, the N. Clovis Alignment must be constructed as part of the Project. Although the Project could result in temporary traffic detouring or closures during buildout, these delays would be temporary and would be coordinated with the City Engineering Division and other departments to ensure safe access to and from the area is maintained. Further, the site itself would be reviewed by City departments to ensure adequate site access and circulation is provided in the event of an emergency. Overall, a less-than-significant impact would occur with no mitigation measures. b) Would the project, 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?
Less-Than-Significant Impact. The general vicinity of the site is flat, therefore, is not of the type of topography nor in a location likely to exacerbate wildfire risks. Additionally, the Project site is located in an area mapped by CAL FIRE as “unzoned” per the Fire Hazard Severity Zone Viewer, indicating the area is not located in an area within State Responsibility Areas into Fire Hazard Severity Zones. Further, the Project would be required to comply with the latest fire codes and would be required to include sprinklers on the interior of the homes and require installation of several hydrants throughout the site. Lastly, the site plans would undergo review by the Clovis Fire Department to ensure that all fire safety regulations are met.
Therefore, a less-than-significant impact would occur with no mitigation measures. c) Would the project 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? Less-Than-Significant Impact. As a new development, installation of a private roadway network, water lines, and power lines would be required; however, these utilities and infrastructure are typical of residential development and would be constructed to standards of the respective agencies and departments which oversee them, as well as be required to comply all necessary plan review and permitting requirements of such departments and agencies. As such, a less-than-significant impact would occur. No mitigation measures are required.
d) Would the project 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? Less-Than-Significant Impact. The City of Clovis has generally flat topography, and the site itself is in an area that is not in close proximity to hillsides that would expose people or structures to significant risks associates with downstream flooding or landslides as a result of runoff or post-fire slope instability. As such, a less-than-significant impact would occur.
21. MANDATORY FINDINGS OF SIGNIFICANCE
Would the project:
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No
Impact
2749
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
58 Incorporated
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 selfsustaining levels, threaten to eliminate a plant or animal community, substantially
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
that will cause substantial adverse effects
on human beings, either directly or
indirectly?
X
ENVIRONMENTAL SETTING
The Project is located on a primarily undeveloped site with three single-family residences, and accessory buildings. The site is surrounded by primarily agricultural uses designated for future residential development at varying densities.
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 restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Less-Than-Significant Impact. As discussed throughout the Initial Study, the Project would result in a significant and unavoidable VMT impact. However, during preparation of the General Plan, an EIR was prepared, along with a Statement of Overriding Consideration, that discussed the potential environmental impacts and required mitigation measures to be implemented/followed by all future projects that are consistent with the General Plan. Therefore, though the proposed project would have a significant and unavoidable transportation impact under CEQA, no further mitigation measure would be required for the project related to VMT. The proposed project would be conditioned to implement and follow mitigation measures prescribed above. Therefore, the Project would have a less-than-significant impact as it would not substantially degrade the quality of the environment.
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 2750
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
59 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. The Project includes mitigation measures in certain topic areas identified throughout this Initial Study, which would reduce potential impacts to a less-than-significant level. None of these impacts would be cumulatively considerable since most are either temporary impacts from construction or site specific. With the exception of VMT, the Project was found to have a less-than-significant impact as discussed in this Initial Study. As such, this Project would be required to comply with those same regulations, ensuring adequate mitigation as development occurs. Lastly, while the Project would introduce 162 new residential units to an existing vacant site, the type of use was previously accounted for in the 2014 Clovis General Plan buildout. Thus, a less-than-significant impact would occur with no mitigation measures. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Less-Than-Significant Impact. As discussed throughout the document, the Project would not result in an impact that could not be mitigated to a less-than-significant level. Therefore, a less-than-significant impact would occur. No migration measures are required.
2751
AGENDA ITEM NO. 17.
TM6467 AND PDP2024-003
INITIAL STUDY
CITY OF CLOVIS
60 I. Report Preparation
LEAD AGENCY
Marissa Jensen, MA
Assistant Planner
City of Clovis
Planning & Development Services
TECHNICAL STUDIES
Air Quality and Greenhouse Gas Emissions Technical Memorandum Bonadelle TM6467
Johnson, Johnson and Miller Air Quality Consulting Services Biological Resources Assessment
TM6467 Perrin Avenue at Minnewawa Ave. Clovis, CA
Argonaut Ecological Consulting, Inc.
Cultural Resource Assessment
Tentative Map 6467 Project
Melinda A. Peak
Peak & Associates, Inc.
Traffic Impact Analysis Report
Clovis and Perrin Subdivision
JLB Traffic Engineering, Inc.
Vehicle Miles Traveled Analysis
Clovis and Perrin Subdivision
JLB Traffic Engineering, Inc
2752
AGENDA ITEM NO. 17.
MITIGATION MONITORING AND REPORTING PROGRAM
TM6467
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Air Quality
AIR-1 Before a construction permit is issued for the
proposed project, the project applicant, project
sponsor, or construction contractor shall submit
documentation demonstrating reasonably detailed
compliance with the following requirements to the
City of Clovis:
(1) Where portable diesel engines are used during
construction, all off-road equipment with engines
greater than 50 horsepower shall have engines that
meet or exceed either United States Environmental
Protection Agency (EPA) or California Air
Resources Board (CARB) Tier 4 Interim off-road
emission standards or be equipped with Level 3
diesel particulate filters. Tier 4 Interim engines shall, at a minimum, meet EPA or CARB particulate
matter emissions standards for Tier 4 Interim
engines. Alternatively, use of CARB-certified Level
3 diesel particulate filters on off-road equipment with engines greater than 50 horsepower can be used in
lieu of Tier 4 Interim engines or in combination with
Tier 4 Interim or better engines. The construction
contractor shall maintain records documenting its
efforts to comply with this requirement, including
equipment lists. Off-road equipment descriptions
and information shall include, but are not limited to,
City of Clovis Planning Prior to Permits
and During
Construction
2753
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
equipment type, equipment manufacturer,
equipment identification number, engine model
year, engine certification (Tier rating), horsepower,
and engine serial number. The project applicant
and/or construction contractor shall submit the
construction operations plan and records of
compliance to the City of Clovis.
Biological Resources
BIO-1 If ground disturbance (including grading, grubbing, home demolition, tree removal, or construction
equipment and materials mobilization) is initiated
during the nesting season (February 1 – August 31),
a pre-construction survey for potential nesting
raptors, migratory birds, and burrowing is
recommended.
City of Clovis Planning Prior to Permits
and During
Construction
Cultural Resources
CULT-1 If archaeological or tribal resources or materials are encountered during construction activities, all work
in the immediate vicinity of the find shall halt until a qualified professional archaeologist, can evaluate
the significance of the find and make
recommendations. Cultural resource materials may
include prehistoric resources such as flaked and
ground stone tools and debris, shell, bone,
ceramics, and fire-affected rock as well as historic
resources such as glass, metal, wood, brick, or
structural remnants.
City of Clovis Planning Prior to Permits
and During
Construction
2754
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
If the qualified professional archaeologist
determines that the discovery represents a
potentially significant cultural resource, additional
investigations may be required to mitigate adverse
impacts from project implementation. These
additional studies may include avoidance, testing,
and evaluation or data recovery excavation.
If a potentially-eligible resource is encountered,
then the qualified professional archaeologist, the
Lead Agency, and the project proponent shall
arrange for either 1) total avoidance of the resource
or 2) test excavations to evaluate eligibility and, if
eligible, total data recovery. The determination shall
be formally documented in writing and submitted to
the Lead Agency as verification that the provisions
for managing unanticipated discoveries have been
met.
CULT-2 If human remains are discovered during
construction or operational activities, further
excavation or disturbance shall be prohibited
pursuant to Section 7050.5 of the California Health
and Safety Code and Project shall follow the
procedures and protocols set for un CEQA
Guidelines Section 15064.4(e)(1). If human remains
are identified to be those of Native American,
California Health and Safety Code 7050.5 requires
the County coroner notify the NAHC within 24 hours
of discovery. All reports, correspondence, and
determinations regarding the discovery of human
City of Clovis Planning Prior to Permits
and During
Construction
2755
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
remains on the project site shall be submitted to the
Lead Agency.
Geological Resources
GEO-1 If prehistoric or historic-era cultural materials are encountered during construction activities, all work
in the immediate vicinity of the find shall halt until a qualified professional archaeologist and/or
paleontologist, can evaluate the significance of the
find and make recommendations. Cultural resource
materials may include prehistoric resources such as
flaked and ground stone tools and debris, shell,
bone, ceramics, and fire-affected rock as well as
historic resources such as glass, metal, wood, brick,
or structural remnants.
If the qualified professional determines that the
discovery represents a potentially significant
cultural resource, additional investigations may be
required to mitigate adverse impacts from project
implementation. These additional studies may
include avoidance, testing, and evaluation or data
recovery excavation.
If a potentially-eligible resource is encountered,
then the qualified professional archaeologist and/or
paleontologist, the Lead Agency, and the project
proponent shall arrange for either 1) total avoidance
of the resource or 2) test excavations to evaluate
eligibility and, if eligible, total data recovery. The
City of Clovis Planning Prior to Permits
and During
Construction
2756
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
determination shall be formally documented in
writing and submitted to the Lead Agency as
verification that the provisions for managing
unanticipated discoveries have been met.
Greenhouse Gas Emissions
GHG-1 In order to meet the 2022 Scoping Plan GHG
requirements, consistent with State GHG reduction
and equity prioritization goals, each residential unit
shall provide electric vehicle charging capabilities
as part of the final project designs.
City of Clovis Planning Prior to Permits
and During
Construction
Tribal Cultural Resources
TCR-1
If archaeological or tribal resources or materials are
encountered during construction activities, all work
in the immediate vicinity of the find shall halt until a qualified professional archaeologist, can evaluate
the significance of the find and make
recommendations. Cultural resource materials may
include prehistoric resources such as flaked and
ground stone tools and debris, shell, bone,
ceramics, and fire-affected rock as well as historic
resources such as glass, metal, wood, brick, or
structural remnants.
If the qualified professional archaeologist
determines that the discovery represents a
potentially significant cultural resource, additional
investigations may be required to mitigate adverse
impacts from project implementation. These
City of Clovis Planning Prior to Permits
and During
Construction
2757
AGENDA ITEM NO. 17.
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
additional studies may include avoidance, testing,
and evaluation or data recovery excavation.
If a potentially-eligible resource is encountered,
then the qualified professional archaeologist, the
Lead Agency, and the project proponent shall
arrange for either 1) total avoidance of the resource
or 2) test excavations to evaluate eligibility and, if
eligible, total data recovery. The determination shall
be formally documented in writing and submitted to
the Lead Agency as verification that the provisions
for managing unanticipated discoveries have been
met.
TCR-2 If human remains are discovered during
construction or operational activities, further
excavation or disturbance shall be prohibited
pursuant to Section 7050.5 of the California Health
and Safety Code and Project shall follow the
procedures and protocols set for un CEQA
Guidelines Section 15064.4(e)(1). If human remains
are identified to be those of Native American,
California Health and Safety Code 7050.5 requires
the County coroner notify the NAHC within 24 hours
of discovery. All reports, correspondence, and
determinations regarding the discovery of human
remains on the project site shall be submitted to the
Lead Agency.
City of Clovis Planning Prior to Permits
and During
Construction
2758
AGENDA ITEM NO. 17.
Bonadelle TM6467 Project—Clovis, CA
Air Quality/Greenhouse Gas Emissions Technical Memorandum December 27, 2023
To: John A. Bonadelle
Director of Operations
Bonadelle Homes
7030 N. Fruit Avenue, Suite #101
Fresno, CA 93711
(559) 435-9700
[email protected]
From: Johnson Johnson and Miller Air Quality
Consulting Services
Richard Miller, Air Quality and Climate
Change Specialist
[email protected]
Bonadelle TM6467 Project—Clovis, California
Date: December 27, 2023
Subject: Air Quality/Greenhouse Gas Emissions Technical Memorandum This Air Quality/Greenhouse Gas Emissions Technical Memorandum was prepared to evaluate whether the estimated criteria air pollutant, ozone precursor, toxic air contaminant (TAC), and/or greenhouse gas (GHG) emissions generated from construction and/or operation of the TM6467 Residential Development Project would cause significant impacts to air resources in the project area. The respective analyses were conducted within the context of the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] § 21000, et seq.).
The methodology follows the Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI) prepared by the San Joaquin Valley Air Pollution Control District (SJVAPCD) for the quantification of emissions and evaluation of potential impacts to air resources1 and the SJVAPCD’s Guidance for Valley Land-Use Agencies in Addressing GHG Emission Impacts for New Projects under the California Environmental Quality Act.2 Project Location and Description
The TM6467 Bonadelle Homes Residential Development Project (project or proposed project) consists of the construction and development of 162 single-family residential homes and two (2) parks on approximately 14.57 gross acres in Fresno County, California. The project site is currently in unincorporated Fresno County and will be annexed into the City of Clovis. The project site is located southeast of the intersection of E. Perrin Avenue and N. Minnewawa Avenue. The Assessor’s Parcel Numbers (APNs) associated with the project site include:
556030045, 556030065, 556030085 and 556030095.
The project is anticipated to start in November 2024 and be developed in a single phase. Lot development is expected to be completed by November 2025, while vertical construction of homes expected to last until 2028.
An aerial view of the project site is shown in Figure 1 and in Attachment A. The project site plan is included as part of Attachment A.
1 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts.
February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed December 6, 2023.
2 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2009. Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. December 17. Website: https://www.valleyair.org/Programs/CCAP/12- 17-09/3%20CCAP%20-%20FINAL%20LU%20Guidance%20-%20Dec%2017%202009.pdf. Accessed December 6, 2023.Th 1 2759
AGENDA ITEM NO. 17.
Bonadelle TM6467 Project—Clovis, CA
Air Quality/Greenhouse Gas Emissions Technical Memorandum December 27, 2023
Figure 1 – Bonadelle TM6467 Project Vicinity Map
Summary of Analysis Results
The following is a summary of the analysis results. As shown below, the proposed project would result in less than significant impacts to air quality and GHG resources. Mitigation is required during the construction period to reduce Impact AIR-3.
Impact AIR-1: The proposed project would not conflict with or obstruct implementation of the applicable air quality plan. Less than significant impact.
Impact AIR-2: The proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Less than significant impact.
Impact AIR-3: The proposed project would not expose sensitive receptors to substantial pollutant concentrations. Less than significant impact with incorporation of mitigation.
Impact AIR-4: The proposed project would not create objectionable odors affecting a substantial number of people. Less than significant impact. 2 TM6467 Project Vicinity Map
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2760
AGENDA ITEM NO. 17.
Bonadelle TM6467 Project—Clovis, CA
Air Quality/Greenhouse Gas Emissions Technical Memorandum December 27, 2023
Impact GHG-1: The proposed project would not generate direct or indirect greenhouse gas emissions that would result in a significant impact on the environment. Less than significant impact.
Impact GHG-2: The proposed project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. Less than significant impact.
Mitigation Measures
Air Quality Mitigation Measures
MM AIR-1 is required to reduce the project’s potential impacts during construction to less than significant (see Impact AIR-3).
MM AIR-1 Before a construction permit is issued for the proposed project, the project applicant, project sponsor, or construction contractor shall submit documentation demonstrating reasonably detailed compliance with the following requirements to the City of Clovis:
(1) Where portable diesel engines are used during construction, all off-road equipment with engines greater than 50 horsepower shall have engines that meet or exceed either United States Environmental Protection Agency (EPA) or California Air Resources Board (CARB) Tier 4 Interim off-road emission standards or be equipped with Level 3 diesel particulate filters. Tier 4 Interim engines shall, at a minimum, meet EPA or CARB particulate matter emissions standards for Tier 4 Interim engines. Alternatively, use of CARB-certified Level 3 diesel particulate filters on off-road equipment with engines greater than 50 horsepower can be used in lieu of Tier 4 Interim engines or in combination with Tier 4 Interim or better engines. The construction contractor shall maintain records documenting its efforts to comply with this requirement, including equipment lists. Off-road equipment descriptions and information shall include, but are not limited to, equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Clovis.
Greenhouse Gas Emissions Mitigation Measures
No mitigation is required.
Modeling Parameters and Assumptions
The following modeling parameters and assumptions were used to generate criteria air pollutant (including precursors), Toxic Air Contaminants (TACs), and greenhouse gas (GHG) emissions for the proposed project.
3 2761
AGENDA ITEM NO. 17.
Bonadelle TM6467 Project—Clovis, CA
Air Quality/Greenhouse Gas Emissions Technical Memorandum December 27, 2023
Air Pollutants and GHGs Assessed
Criteria Pollutants Assessed
The following criteria air pollutants were assessed in this analysis: reactive organic gases (ROG), oxides of nitrogen (NOX), carbon monoxide (CO), sulfur oxides (SOX), particulate matter less than 10 microns in diameter (PM10), and particulate matter less than 2.5 microns in diameter (PM2.5).
Note that the proposed project would emit ozone precursors ROG and NOX. However, the proposed project would not directly emit ozone since it is formed in the atmosphere during the photochemical reaction of ozone precursors.
The residential and park project does not contain sources that would produce substantial quantities of SOX emissions during construction or operation. Modeling conducted for the project is provided in Attachment A and includes SO2 emission estimates. No further analysis of SO2 is required.
GHGs Assessed
This analysis was restricted to GHGs identified by AB 32, which include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3). The proposed project would generate a variety of GHGs, including several defined by AB 32 such as CO2, CH4, and N2O.
Certain GHGs defined by AB 32 would not be emitted by the residential and park project. HFCs, PFCs, SF6, and NF3 are typically used in industrial applications, none of which would be used for typical residential operations. Therefore, it is not anticipated that the proposed project would emit those GHGs.
GHG emissions associated with the proposed project construction, as well as future operations were estimated using CO2 equivalent (CO2e) emissions as a proxy for all GHG emissions.
Construction GHG emissions were amortized over the lifetime of the proposed project. In order to obtain the CO2e, an individual GHG is multiplied by its Global Warming Potential (GWP). The GWP designates on a pound for pound basis the potency of the GHG compared to CO2.
Toxic Air Containments Assessed
Diesel particulate matter (DPM)
Studies indicate that diesel particulate matter (DPM) poses the greatest health risk among airborne TACs. The California Air Resources Board (CARB) conducted a 10-year research program that demonstrated that DPM from diesel-fueled engines is a human carcinogen and that chronic (long-term) inhalation exposure to DPM poses a chronic long-term health risk.
DPM is part of a complex mixture that makes up diesel exhaust. Diesel exhaust is composed of two phases: gas and particle. The gas phase is composed of many of the urban hazardous air pollutants, such as acetaldehyde, acrolein, benzene, 1,3-butadiene, formaldehyde, and polycyclic aromatic hydrocarbons. The particle phase also has many different types of particles that can be classified by size or composition. The size of diesel particulates that are of greatest health concern are those that are in the categories of fine and ultra-fine particles. The composition of these fine and ultra-fine particles may be composed of elemental carbon with 4 2762
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adsorbed compounds such as organic compounds, sulfate, nitrate, metals, and other trace elements. Diesel exhaust is emitted from a broad range of diesel engines, such as the on-road diesel engines of trucks, buses, and cars, and off-road diesel engines that include locomotives, marine vessels, and heavy-duty equipment.3
For purposes of this analysis, DPM exhaust emissions are represented as particulate matter that is 10 micrometers in diameter and smaller (PM10).
Asbestos
Asbestos is a fibrous mineral that both naturally occurs in ultramafic rock (a rock type commonly found in California) and is used as a processed component of building materials. Because asbestos has been proven to cause a number of disabling and fatal diseases, such as asbestosis and lung cancer, it is strictly regulated either based on its natural widespread occurrence or in its use as a building material. In the initial Asbestos National Emission Standards for Hazardous Air Pollutants rule promulgated in 1973, a distinction was made between building materials that would readily release asbestos fibers when damaged or disturbed (friable) and those materials that were unlikely to result in significant fiber release (non-friable). The U.S. Environmental Protection Agency (EPA) has since determined that, when severely damaged, otherwise non-friable materials can release significant amounts of asbestos fibers. Asbestos has been banned from many building materials under the Toxic Substances Control Act, the Clean Air Act, and the Consumer Product Safety Act. Naturally occurring asbestos (NOA) is known to occur in many parts of California and is commonly associated with ultramafic or serpentinite rock.
Model Selection
Criteria Pollutants and GHG Emissions—Model Selection
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 associated with both construction and operations from a variety of land use projects. CalEEMod quantifies 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. Further, CalEEMod identifies mitigation measures to reduce criteria pollutant and GHG emissions along with calculating the benefits achieved from measures chosen by the user.
CalEEMod was developed for the California Air Pollution Control Officers Association (CAPCOA) in collaboration with the California Air Districts. Default data (e.g., emission factors, trip lengths, meteorology, source inventory, etc.) have been provided in the model to account for local requirements and conditions.
The project is located in the City of Clovis and within the San Joaquin Valley Air Basin. The modeling follows SJVAPCD guidance, where applicable, from its GAMAQI. The models used in this analysis are summarized as follows:
3 California Air Resources Board (CARB). 2019. Overview: Diesel Exhaust and Health. Website:
https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health. Accessed December 6, 2023. 5 2763
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● Construction emissions: CalEEMod, version 2022.1 (2022.1.1.21, released 12/05/2023) ● Operational emissions: CalEEMod, version 2022.1 (2022.1.1.21, released 12/05/2023) ● Operational TAC emissions: EMission FACtor (EMFAC) 2021 ● Dispersion Model: American Meteorological Society/ Environmental Protection Agency Regulatory Model (AERMOD), version 22112
● Health Risk Metric Calculations: Hot Spots Analysis & Reporting Program 2 (HARP2) Construction DPM emissions (represented as PM10 exhaust) were estimated using CalEEMod version 2022.1. Emissions were estimated for the unmitigated scenario, which included compliance with dust control measures that would be required through compliance with existing regulations.
Toxic Air Containments—Model Selection and Parameters
An air dispersion model is a mathematical formulation used to estimate the air quality impacts at specific locations (receptors) surrounding a source of emissions given the rate of emissions and prevailing meteorological conditions. The air dispersion model applied in this assessment was the U.S. EPA AERMOD (version 22112) air dispersion model. Specifically, AERMOD was used to estimate levels of air emissions at sensitive receptor locations from potential sources of project-generated TACs during the construction period. The use of AERMOD provides a refined methodology for estimating construction impacts by utilizing long-term, measured representative meteorological data for the project site and a representative construction schedule.
The modeling analysis also considered the spatial distribution and elevation of each emitting source in relation to the sensitive receptors. Direction-dependent calculations were obtained by identifying the Universal Transverse Mercator (UTM) coordinates for each source location.
Terrain elevations were obtained for the project site using the AERMAP model, the AERMOD terrain data pre-processor. The air dispersion model assessment used meteorological data from the Fresno Station (Station #93193). The meteorological data used was preprocessed for use with AERMOD by the SJVAPCD and included data for the years 2010 to 2014; all years were used in the assessment. To evaluate the proposed project’s localized impacts at the point of maximum impact, all receptors were placed within the breathing zone at 1.2 meters above ground level.
For the construction period, construction emissions were assumed to be distributed over the project site with a working schedule of eight hours per day and five days per week. Emissions were adjusted by a factor of 4.2 to convert for use with a 24-hour-per-day, 365 day-per-year averaging period. To assess impacts during construction, project operations were assessed assuming a 24-hour-per-day, and seven day-per-week schedule. Detailed parameters and complete calculations are contained in Attachment B.
Assumptions
Construction Modeling Assumptions
Schedule
The proposed project would require various tasks including site preparation, grading, building construction, paving, and architectural coating (painting). Table 1 shows the construction schedule used to estimate emissions for the purposes of assessing air quality impacts. The 6 2764
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construction schedule utilized in the analysis represents a “worst-case” analysis scenario since emission factors for construction equipment decrease as the analysis year increases, due to improvements in technology and more stringent regulatory requirements. Therefore, construction emissions would be similar or decrease if the construction schedule moved to later years or is phased over multiple years. The duration of construction activity and associated equipment represent a reasonable approximation of the expected construction fleet as required per CEQA guidelines. The site-specific construction fleet may vary due to specific project needs at the time of construction.
Table 1: Project Construction Schedule
Construction Task Start Date End Date
Number
of Days
per Week
Number of
Workdays
per Phase
Demolition 11/1/2024 11/29/2024 5 20
Site Preparation 11/30/2024 12/14/2024 5 10
Grading 12/15/2024 1/26/2025 5 30
Paving 1/27/2025 2/21/2025 5 20
Trenching/Utilities 2/22/2025 10/03/2025 5 160
Building Construction 10/04/2025 1/21/2028 5 600
Architectural Coating 1/22/2028 2/18/2028 5 20
Source: Modeling Assumptions and CalEEMod Output Files (Attachment A).
Equipment
The off-road equipment fleet assumptions for construction were generated using default values from CalEEMod. CalEEMod generates construction fleets for construction activities based on the size of the construction areas. Construction equipment for each construction activity is shown in Table 2.
Table 2: Project Construction Equipment
Construction Task Equipment Type
Pieces of
Equipment
Usage
(hours/day) Horsepower
Load
Factor Fuel Type
Demolition Rubber Tired Dozers 2 8 367 0.40 Diesel
Excavators 3 8 36 0.38 Diesel
Concrete/Industrial Saws 1 8 33 0.73 Diesel
Site Preparation Rubber Tired Dozers 3 8 367 0.40 Diesel Tractors/Loaders/Backhoes 4 8 84 0.37 Diesel
Grading Graders 1 8 148 0.41 Diesel
Excavators 2 8 36 0.38 Diesel
Tractors/Loaders/Backhoes 2 8 84 0.37 Diesel
Scrapers 2 8 423 0.48 Diesel
Rubber Tired Dozers 1 8 367 0.40 Diesel
Paving Pavers 2 8 81 0.42 Diesel
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Construction Task Equipment Type
Pieces of
Equipment
Usage
(hours/day) Horsepower
Load
Factor Fuel Type
Paving Equipment 2 8 89 0.36 Diesel
Rollers 2 8 36 0.38 Diesel
Trenching/Utilities1 Tractors/Loaders/Backhoes 2 8 84 0.37 Diesel Trenchers 1 8 40 0.50 Diesel
Rubber Tired Dozers 1 8 367 0.40 Diesel
Building Construction Forklifts 3 8 82 0.20 Diesel
Generator Sets 1 8 14 0.74 Diesel
Cranes2 1 3.5 367 0.29 Diesel
Welders 1 8 46 0.45 Diesel
Tractors/Loaders/Backhoes 3 7 84 0.37 Diesel
Architectural Coating Air Compressors 1 6 37 0.48 Diesel Notes:
1 Equipment added to the Trenching/Utilities phase, as this phase was not generated as a CalEEMod-default phase.
The Trenching/Utilities phase was added to reflect the applicant-provided construction schedule. 2 The crane usage hours were adjusted to retain default HP hours, as the duration for the building construction phase was doubled to reflect the applicant-provided construction schedule.
Source: Modeling Assumptions and CalEEMod Output Files (Attachment A).
Vehicles Trips
Table 3 provides a summary of the construction-related vehicle trips. CalEEMod default values were used to estimate the number of construction-related vehicle trips and were supplemented with additional purpose-based trips to avoid underestimating emissions from on-road vehicles anticipated during the construction period.
The default values for hauling trips are based on the assumption that a truck can haul 20 tons (or 16 cubic yards) of material per load. If one load of material is delivered, CalEEMod assumes that one haul truck importing material will also have a return trip with an empty truck (e.g., 2 one-way trips).
The fleet mix for worker trips is light-duty passenger vehicles to light-duty trucks. The vendor trips fleet mix is composed of a mixture of medium and heavy-duty diesel trucks. The hauling trips were assumed to be 100 percent heavy-duty diesel truck trips. CalEEMod default trip lengths for a project in Fresno County were used for the worker (7.7 miles), vendor (4 miles), and hauling (20 miles) trips.
Table 3: Construction Vehicle Trips
Construction Task Worker Trips per Day Vendor Trips per Day Haul Trips per Day Demolition 15 4 0.95
Site Preparation 17.5 4 0
Grading 20 4 20.83
Paving 15 4 0
Trenching/Utilities 10 4 0
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Building Construction 58.32 17.32 0
Architectural Coating 11.664 4 0
Notes:
Vendor trips were added to the demolition, site preparation, grading, paving, trenching/utilities, and architectural coating to account for delivery of materials.
Demolition: The existing houses and structures were measured using Google Earth and input into CalEEMod to be demolished.
Cut and fill estimates: Based on applicant-provided information, cut and fill is expected to balance on-site. 2,500 cubic yards of fill estimated to be imported and 2,500 cubic yards to be exported during the grading phase to provide a conservative estimate of emissions.
CalEEMod default trips account for miscellaneous trips in the building construction phases, which were retained in the modeling.
Source: Modeling Assumptions and CalEEMod Output Files (Attachment A).
Operational Modeling Assumptions
Operational emissions are those emissions that occur during operation of the proposed project.
The sources are summarized below.
Motor Vehicles
Motor vehicle emissions refer to exhaust and road dust emissions from the automobiles that would travel to and from the proposed project site during project operations. Assumptions were based on the ITE Trip Generation Manual, 11th Edition for the ITE Land Use 210 – Single-family detached housing. The trip generation rates used to estimate air pollutant and GHG emissions associated with the project are shown in Table 4.
Table 4: Trip Generation Rates Used to Estimate Emissions Land Use Type Units Weekday Saturday Sunday
Daily Trip Rates
Single-Family Housing (210) DU 9.43 trips/DU 9.48 trips/DU 8.48 trips/DU Daily Trips
Project 162 DU 1,527.66 1,535.76 1,373.76
Notes: DU = dwelling units
Source of Trip Rates: Institute of Transportation Engineers (ITE), Trip generation Manual 11th Edition, with ITE code in parentheses.
Trip Lengths
The CalEEMod default trip lengths for development in Fresno County were used in this analysis.
Trip lengths are for primary trips. Trip purposes are primary, diverted, and pass-by trips.
Diverted trips take a slightly different path than a primary trip. The CalEEMod defaults for percentages of primary, diverted, and pass-by trips were used in the analysis.
Vehicle Fleet Mix
The vehicle fleet mix is defined as the mix of motor vehicle classes active during the operation of the proposed project. Emission factors are assigned to the expected vehicle mix as a function of vehicle class, speed, and fuel use (gasoline- and diesel-powered vehicles). The vehicle fleet mix for the single-family homes was revised to reflect the residential fleet mix approved by SJVAPCD for each year analyzed. The CalEEMod default fleet mix was retained for the park land use.
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Area Sources
Consumer Products
Consumer products are various solvents used in non-industrial applications, which emit VOCs during their product use. “Consumer Product” means a chemically formulated product used by household and institutional consumers, including but not limited to: detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products. It does not include other paint products, furniture coatings, or architectural coatings. CalEEMod includes default consumer product use rates based on building square footage. The default emission factors developed for CalEEMod were used for consumer products were used.
Architectural Coatings (Painting)
Paints release VOC emissions. The single-family homes included as part of the proposed project would be repainted on occasion. CalEEMod defaults were used for this purpose.
Landscaping Emissions
CalEEMod estimates a total of 180 days for which landscaping equipment would be used to estimate potential emissions for the proposed project.
Indirect Emissions
For GHG emissions, CalEEMod contains calculations to estimate indirect GHG emissions.
Indirect emissions are emissions where the location of consumption or activity is different from where actual emissions are generated. For example, electricity would be consumed at the proposed project site; however, emissions associated with producing that electricity are generated off-site at a power plant. Since the electricity can vary greatly based on locations, the user should override these values if they have more specific information regarding their specific water supply and treatment.
Energy Use
The emissions associated with the building electricity and natural gas usage (non-hearth) were estimated based on the land use type and size.
The Renewables Portfolio Standard (RPS) took effect in 2020. The Renewable Electricity Standard requires that electricity providers include a minimum of 33 percent renewable energy in their portfolios by the year 2020. The utilities in California will be required to increase the use of renewable energy sources to 60 percent by 2030.
Other Indirect Emissions (Water Use, Wastewater Use, and Solid Waste) CalEEMod includes calculations for indirect GHG emissions for electricity consumption, water consumption, and solid waste disposal. For water consumption, CalEEMod calculates embedded energy (e.g., treatment, conveyance, distribution) associated with providing each gallon of potable water to the project. For solid waste disposal, GHG emissions are associated with the disposal of solid waste generated by the proposed project into landfills. CalEEMod default data were used for inputs associated with solid waste. 10 2768
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AIR QUALITY
Environmental Setting
Air quality impacts are both local and regional. Regional and local air quality is impacted by topography, dominant airflows, atmospheric inversions, location, and season. The project is located in the City of Clovis, within Fresno County. The project site and Fresno County are in the San Joaquin Valley Air Basin (Air Basin or SJV Air Basin), which experiences some of the most challenging environmental conditions for air quality in the nation. The following section describes these conditions as they pertain to the Air Basin. The information in this section is primarily from the SJVAPCD’s GAMAQI.4
Topography
The topography of a region is important for air quality because mountains can block airflow that would help disperse pollutants and can channel air from upwind areas that transports pollutants to downwind areas. The SJVAPCD covers the entirety of the SJV Air Basin. The Air Basin is generally shaped like a bowl. It is open in the north and is surrounded by mountain ranges on all other sides. The Sierra Nevada mountains are along the eastern boundary (8,000 to 14,000 feet in elevation), the Coast Ranges are along the western boundary (3,000 feet in elevation), and the Tehachapi Mountains are along the southern boundary (6,000 to 8,000 feet in elevation).
Climate
The climate is important for air quality because of differences in the atmosphere’s ability to trap pollutants close to the ground, which creates adverse air quality; inversely, the atmosphere’s ability to rapidly disperse pollutants over a wide area prevents high concentrations from accumulating under different climatic conditions. The SJV Air Basin has an “inland Mediterranean” climate and is characterized by long, hot, dry summers and short, foggy winters.
Sunlight can be a catalyst in the formation of some air pollutants (such as ozone); the SJV Air Basin averages over 260 sunny days per year.
Inversion layers are significant in determining pollutant concentrations. Concentration levels can be related to the amount of mixing space below the inversion. Temperature inversions that occur on the summer days are usually encountered 2,000 to 2,500 feet above the valley floor. In winter months, overnight inversions occur 500 to 1,500 feet above the valley floor.
Dominant airflows provide the driving mechanism for transport and dispersion of air pollution.
The mountains surrounding the SJV Air Basin form natural horizontal barriers to the dispersion of air contaminants. The wind generally flows south-southeast through the valley, through the Tehachapi Pass and into the Mojave Desert Air Basin portion of Kern County. As the wind moves through the SJV Air Basin, it mixes with the air pollution generated locally, generally transporting air pollutants from the north to the south in the summer and in a reverse flow in the winter.
The winds and unstable air conditions experienced during the passage of winter storms result in periods of low pollutant concentrations and excellent visibility. Between winter storms, high 4 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts.
February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed December 11, 2023.
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pressure and light winds allow cold moist air to pool on the San Joaquin Valley floor. This creates strong, low-level temperature inversions and very stable air conditions, which can lead to Tule fog. Wintertime conditions favorable to fog formation are also conditions favorable to high concentrations of PM2.5 and PM10.
Criteria Air Pollutants
The Federal Clean Air Act (FCAA) establishes the framework for modern air pollution control.
The FCAA, enacted in 1970 and amended in 1990, directs the U.S. EPA to establish ambient air quality standards. These standards are divided into primary and secondary standards. The primary standards are set to protect human health, and the secondary standards are set to protect environmental values, such as plant and animal life. The FCAA requires the EPA to set National Ambient Air Quality Standards for the six criteria air pollutants. These pollutants include particulate matter (PM), ground-level ozone, carbon monoxide (CO), sulfur oxides, nitrogen oxides, and lead.
Toxic Air Contaminants
A toxic air contaminant (TAC) is an air pollutant not included in the California Ambient Air Quality Standards, but TACs are considered hazardous to human health. Toxic air contaminants are defined by the California Air Resources Board (CARB) as those pollutants that, “may cause or contribute to an increase in deaths or in serious illness, or which may pose a present or potential hazard to human health.”
The health effects associated with TACs are generally assessed locally rather than regionally.
Toxic air contaminants can cause long-term health effects such as cancer, birth defects, neurological damage, asthma, bronchitis, or genetic damage; TACs can also cause short-term acute effects such as eye watering, respiratory irritation, running nose, throat pain, and headaches. For evaluation purposes, TACs are separated into carcinogens and noncarcinogens. Carcinogens are assumed to have no safe threshold below which health impacts would not occur, and the cancer risk is expressed as excess cancer cases per one million exposed individuals (typically over a lifetime of exposure).
TACs of concern assessed in this analysis include asbestos and DPM.
Sensitive Receptors
Some land uses are considered more sensitive to air pollution than others due to the types of population groups or activities involved. Heightened sensitivity may be caused by health problems, proximity to the emissions source, and/or duration of exposure to air pollutants.
Children, pregnant women, the elderly, and those with existing health problems are especially vulnerable to the effects of air pollution. Accordingly, land uses that are typically considered to be sensitive receptors include residences, schools, childcare centers, playgrounds, retirement homes, convalescent homes, hospitals, and medical clinics. 12 2770
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Air Quality Standards
The Clean Air Act requires states to develop a general plan to attain and maintain the standards in all areas of the country and a specific plan to attain the standards for each area designated nonattainment. These plans, known as State Implementation Plans or SIPs, are developed by state and local air quality management agencies and submitted to EPA for approval.
The SIP for the State of California is administered by the CARB, which has overall responsibility for statewide air quality maintenance and air pollution prevention. California’s SIP incorporates individual federal attainment plans for each regional air district. SIPs are prepared by the regional air district and sent to CARB to be approved and incorporated into the California SIP.
Federal attainment plans include the technical foundation for understanding air quality (e.g., emission inventories and air quality monitoring), control measures and strategies, and enforcement mechanisms.
The CARB also administers the California Ambient Air Quality Standards (CAAQS) for the 10 air pollutants designated in the California Clean Air Act. The 10 state air pollutants include the six federal criteria pollutant standards listed above as well as visibility-reducing particulates, hydrogen sulfide, sulfates, and vinyl chloride. The federal and state ambient air quality standards are summarized in Table 5.
Table 5: California and National Ambient Air Quality Standards Pollutant Averaging Time
California Standards National Standards
Concentration Primary Secondary
Ozone
1 Hour 0.09 ppm (180 μg/m3) —
Same as
Primary Standard 8 Hour 0.070 ppm
(137 μg/m3)
0.070ppm
(137 μg/m3)
Respirable
Particulate
Matter
24 Hour 50 μg/m3 150 μg/m3
Same as
Primary Standard Annual
Arithmetic Mean
20 μg/m3 —
Fine
Particulate
Matter
24 Hour — 35 μg/m3
Same as
Primary Standard Annual
Arithmetic Mean
12 μg/m3 12 μg/m3
Carbon
Monoxide
1 Hour 20 ppm (23 mg/m3) 35 ppm (40 mg/m3) —
8 Hour 9.0 ppm (10 mg/m3) 9 ppm (10 mg/m3) —
8 Hour
(Lake Tahoe)
6 ppm (7 mg/m3) — —
Nitrogen
Dioxide
1 Hour 0.18 ppm (339 μg/m3) 100 ppb (188 μg/m3) —
Annual
Arithmetic Mean
0.030 ppm (57 μg/m3)
0.053 ppm
(100 μg/m3)
Same as
Primary Standard
Sulfur Dioxide
1 Hour 0.25 ppm (655 μg/m3) 75 ppb (196 μg/m3) —
3 Hour — —
0.5 ppm
(1300 μg/m3)
24 Hour 0.04 ppm (105 μg/m3)
0.14 ppm
(for certain areas) —
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Pollutant Averaging Time
California Standards National Standards
Concentration Primary Secondary
Annual
Arithmetic Mean
—
0.030 ppm
(for certain areas) —
Lead
30-Day Average 1.5 μg/m3 — —
Calendar Quarter — 1.5 μg/m3
Same as
Primary Standard Rolling 3-Month
Average
— 0.15 μg/m3
VisibilityReducing
Particles
8 Hour See Footnote 1
No National Standards
Sulfates 24 Hour 25 μg/m3
Hydrogen
Sulfide
1 Hour 0.03 ppm (42 μg/m3)
Vinyl
Chloride
24 Hour 0.01 ppm (26 μg/m3)
Notes:
1 - In 1989, the CARB converted both the general statewide 10-mile visibility standard and the Lake Tahoe 30-mile visibility standard to instrumental equivalents, which are "extinction of 0.23 per kilometer" and "extinction of 0.07 per kilometer" for the statewide and Lake Tahoe Air Basin standards, respectively. μg/m3 =micrograms per cubic meter
CARB = California Air Resources Board
mg/m3 = milligrams per cubic meter
ppm = parts per million
Source: California Air Resources Board (CARB). 2017. Air Quality Standards. Website: https://www.baaqmd.gov/about-airquality/research-and-data/air-quality-standards-and-attainment-status. Accessed December 11, 2023.
Federal and state air quality laws require identification of areas not meeting the ambient air quality standards. These areas must develop regional air quality plans to eventually attain the standards. The SJV Air Basin is designated nonattainment for ozone, PM10, and PM2.5. 5 Thresholds of Significance
Project-level Thresholds
The CEQA Guidelines define a significant effect on the environment as “a substantial, or potentially substantial, adverse change in the environment.” To determine if a project would have a significant impact on air quality, the type, level, and impact of emissions generated by the proposed project must be evaluated.
This analysis uses the air quality significance thresholds contained in Appendix G of the CEQA Guidelines. A significant impact would occur if the proposed project would:
a) Conflict with or obstruct implementation of the applicable air quality plan. 5 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2017. Ambient Air Quality Standards & Valley Attainment Status.
Website: https://www.valleyair.org/aqinfo/attainment.htm. Accessed December 11, 2023. 14 2772
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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.
c) Expose sensitive receptors to substantial pollutant concentrations. d) Create objectionable odors affecting a substantial number of people.
The City of Clovis has not established specific CEQA significance thresholds. Where available guidance provided by the applicable air district can be used to make significance determinations for the CEQA questions listed above. While the final determination of whether a project is significant is within the purview of the Lead Agency pursuant to Section 15064(b) of the CEQA Guidelines, the SJVAPCD recommends that its quantitative air pollution thresholds be used to determine the significance of project emissions in accordance with the Appendix G requirements. If a Lead Agency finds that a project has the potential to exceed these air pollution thresholds, according to the SJVAPCD, the project should be considered to have significant air quality impacts.
Air pollutant emissions have regional effects and localized effects. This analysis assesses the regional effects of the project’s criteria pollutant emissions in comparison to SJVAPCD thresholds of significance for short-term construction activities and long-term operation of the project. Localized emissions from project construction and operation are also assessed using concentration-based thresholds that determine if the project would result in a localized exceedance of any ambient air quality standards or would make a cumulatively considerable contribution to an existing exceedance.
The primary pollutants of concern during project construction and operation are ROG, NOX, PM10, and PM2.5. The SJVAPCD GAMAQI adopted in 2015 contains thresholds for ROG and NOX; SOX, CO, PM10, and PM2.5.
Ozone is a secondary pollutant that can be formed miles away from the source of emissions through reactions of ROG and NOX emissions in the presence of sunlight. Therefore, ROG and NOx are termed ozone precursors. The SJVAB often exceeds the state and national ozone standards. Therefore, if the project emits a substantial quantity of ozone precursors, the project may contribute to an exceedance of the ozone standard. The SJVAB also exceeds air quality standards for PM10, and PM2.5; therefore, substantial project emissions may contribute to an exceedance for these pollutants.
The SJVAPCD has adopted significance thresholds for construction-related and operational emissions. These thresholds will be identified and addressed in the appropriate section of this document.
Project construction would involve the use of diesel-fueled vehicles and equipment that emit DPM, which is considered a TAC. Once operational, some diesel-fueled vehicles would access the project site. The following project-specific health risk significance thresholds are applied in this analysis:
• Maximum Incremental Cancer Risk: >=20 in 1 million.
• Hazard Index (project increment) >=1.0.
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Fugitive Dust
Construction
Fugitive dust would be generated from site grading and other earth-moving activities. Most of this fugitive dust would remain localized and would be deposited near the project site. However, the potential for impacts from fugitive dust exists unless control measures are implemented to reduce the emissions from the project site. Therefore, adherence to Regulation VIII would be required during construction of the proposed project. Regulation VIII would require fugitive dust control measures that are consistent with best management practices (BMPs) established by the SJVAPCD to reduce the proposed project’s construction-generated fugitive dust impacts to a less than significant level.
The SJVAPCD (SJVAPCD or District) adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 2004. This is a basic summary of the regulation’s requirements as they apply to construction sites. These regulations affect all workers at a regulated construction site, including everyone from the landowner to the subcontractors.
Violations of Regulation VIII are subject to enforcement action including fines.6 Visible Dust Emissions may not exceed 20 percent opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20 percent means dust that would obstruct an observer’s view of an object by 20 percent. District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit windblown dust.
Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover.
Carryout and Trackout occur when materials from emptied or loaded vehicles falls onto a paved surface or shoulder of a public road or when materials adhere to vehicle tires and are deposited onto a paved surface or shoulder of a public road. Should either occur, the material must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods require the complete removal and cleanup of mud and dirt from the paved surface and shoulder. Using a blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a violation.
Larger construction sites, or sites with a high amount of traffic on one or more days, must prevent carryout and trackout from occurring by installing gravel pads, grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from the site. In many cases, cleaning up trackout with water is also prohibited as it may lead to plugged storm drains.
Prevention is the best method.
6 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2007. Compliance Assistance Bulletin. Website:
http://www.valleyair.org/busind/comply/pm10/forms/RegVIIICAB.pdf. Accessed December 11, 2023. 16 2774
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Unpaved Access and Haul Roads, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet on uncontrolled and unpaved roads.
Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing wind barriers to limit visible dust emissions. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along with applying water to the top of the load, and covering the cargo compartments are effective measures for reducing visible dust emissions and carryout from vehicles transporting bulk materials.
Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented before, during, and after any dust generating activity for the duration of the project. Owners or operators are required to submit plans to the SJVAPCD at least 30 days prior to commencing the work for the following:
• Residential developments of ten or more acres of disturbed surface area. • Non-residential developments of five or more acres of disturbed surface area. • The relocation of more than 2,500 cubic yards per day of materials on at least three days.
Operations may not commence until the SJAVPCD has approved the Dust Control Plan. A copy of the plan must be on site and available to workers and District employees. All work on the site is subject to the requirements of the approved dust control plan. A failure to abide by the plan by anyone on site may be subject to enforcement action.
Record Keeping is required to document compliance with the rules and must be kept for each day any dust control measure is used. The SJVAPCD has developed record forms for water application, street sweeping, and “permanent” controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Records must be kept for one year after the end of dust generating activities (Title V sources must keep records for five years).
Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all Regulation VIII requirements. Further, Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities exempts the following construction and earthmoving activities:
• Blasting activities permitted by California Division of Industrial Safety. • Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the existing building or less than 10,000 square feet (due to asbestos concerns, contact the SJVAPCD at least two weeks ahead of time). • Additions to single family dwellings.
• The disking of weeds and vegetation for fire prevention on sites smaller than ½ acre. • Spreading of daily landfill cover to preserve public health and safety and to comply with California Integrated Waste Management Board requirements.
Nuisances are prohibited at all times because District Rule 4102 – Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is 17 2775
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important to monitor dust-generating activities and implement appropriate dust control measures to limit the public’s exposure to fugitive dust.
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Environmental Impact Analysis
This section discusses potential impacts related to air quality associated with the proposed project and provides mitigation measures where necessary.
Impact AIR-1 Conflict with or obstruct implementation of the applicable air quality plan? Impact Analysis
The CEQA Guidelines indicate that a significant impact would occur if the project would conflict with or obstruct implementation of the applicable air quality plan. The GAMAQI indicates that projects that do not exceed SJVAPCD regional criteria pollutant emissions quantitative thresholds would not conflict with or obstruct the applicable air quality plan (AQP). An additional criterion regarding the project’s implementation of control measures was assessed to provide further evidence of the project’s consistency with current AQPs. This document proposes the following criteria for determining project consistency with the current AQPs:
1. Will the project result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQPs? This measure is determined by comparison to the regional thresholds identified by the District for Regional Air Pollutants.
2. Will the project comply with applicable control measures in the AQPs? The primary control measures applicable to development projects include Regulation VIII—Fugitive PM10 Prohibitions and Rule 9510 Indirect Source Review.
Contribution to Air Quality Violations
A measure for determining if the project is consistent with the air quality plans is if the project would not result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the air quality plans. Regional air quality impacts and attainment of standards are the result of the cumulative impacts of all emission sources within the air basin. Individual projects are generally not large enough to contribute measurably to an existing violation of air quality standards. Therefore, the cumulative impact of the project is based on its cumulative contribution. Because of the region’s nonattainment status for ozone, PM2.5, and PM10—if project-generated emissions of either of the ozone precursor pollutants (ROG and NOX), PM10, or PM2.5 would exceed the SJVAPCD’s significance thresholds—then the project would be considered to contribute to violations of the applicable standards and conflict with the attainment plans.
As shown in Table 6 and Table 7 under Impact AIR-2 below, the project’s construction and operational regional emissions would not exceed SJVAPCD’s regional criteria pollutant emissions quantitative thresholds. Therefore, the proposed project would not be considered in conflict with or obstruct implementation of the applicable air quality plan based on this criterion.
Compliance with Applicable Control Measures
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SJVAPCD’s AQPs contain a number of control measures, which are enforceable requirements through the adoption of rules and regulations. A description of rules and regulations that apply to this project is provided below.
SJVAPCD Rule 9510—Indirect Source Review (ISR) is a control measure in the 2006 PM10 Plan that requires NOX and PM10 emission reductions from development projects in the San Joaquin Valley. The NOX emission reductions help reduce the secondary formation of PM10 in the atmosphere (primarily ammonium nitrate and ammonium sulfate) and also reduce the formation of ozone. Reductions in directly emitted PM10 reduce particles such as dust, soot, and aerosols. Rule 9510 is also a control measure in the 2016 Plan for the 2008 8-Hour Ozone Standard. Developers of projects subject to Rule 9510 must reduce emissions occurring during construction and operational phases through on-site measures or pay off-site mitigation fees. The proposed project would be subject to Rule 9510.
Regulation VIII—Fugitive PM10 Prohibitions is a control measure that is one main strategies from the 2006 PM10 for reducing the PM10 emissions that are part of fugitive dust. Residential projects over 10 acres and non‐residential projects over 5 acres are required to file a Dust Control Plan (DCP) containing dust control practices sufficient to comply with Regulation VIII. The project will be required to comply with Regulation VIII and would implement dust control measures during the construction period.
Rule 2201—New and Modified Stationary Source Review Rule requires 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. Components of the project may be required to obtain permits and abide by associated regulations set forth by Rule 2201.
Other control measures that apply to the project are Rule 4641—Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operation that requires reductions in VOC emissions during paving and Rule 4601—Architectural Coatings that limits the VOC content of all types of paints and coatings sold in the San Joaquin Valley. These measures apply at the point of sale of the asphalt and the coatings, so project compliance is ensured without additional mitigation measures.
The project would comply with all applicable SJVAPCD rules and regulations. Therefore, the proposed project would not conflict with or obstruct implementation of the applicable air quality attainment plan under this criterion.
Conclusion
As described above, the proposed project’s construction and operational regional emissions would not exceed SJVAPCD’s regional criteria pollutant emissions quantitative thresholds.
Furthermore, the proposed project would comply with all applicable SJVAPCD rules and regulations. Accordingly, the proposed project would not conflict with or obstruct implementation of the applicable air quality plans, and, therefore, this impact would be less than significant.
Level of Significance Before Mitigation
Less than significant.
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Mitigation Measures
No mitigation measures are necessary.
Impact AIR-2 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?
Impact Analysis
To result in a less than significant impact, the following criteria must be true:
1. Regional analysis: emissions of nonattainment pollutants must be below the SJVAPCD’s regional significance thresholds. This is an approach recommended by the District in its GAMAQI.
2. Summary of projections: the project must be consistent with current air quality attainment plans including control measures and regulations. This is an approach consistent with Section 15130(b) of the CEQA Guidelines.
3. Cumulative health impacts: the project must result in less than significant cumulative health effects from the nonattainment pollutants. This approach correlates the significance of the regional analysis with health effects, consistent with the court decision, Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184, 1219-20.
Regional Emissions
Air pollutant emissions have both regional and localized effects. This analysis assesses the regional effects of the project’s criteria pollutant emissions in comparison to SJVAPCD thresholds of significance for short-term construction activities and long-term operation of the project. Localized emissions from project construction and operation are assessed under Impact AIR-3—Sensitive Receptors using concentration-based thresholds that determine if the project would result in a localized exceedance of any ambient air quality standards or would make a cumulatively considerable contribution to an existing exceedance.
The primary pollutants of concern during project construction and operation are ROG, NOX, PM10, and PM2.5. The SJVAPCD GAMAQI adopted in 2015 contains thresholds for CO, NOX, ROG, SOX, PM10, and PM2.5.
Ozone is a secondary pollutant that can be formed miles from the source of emissions, through reactions of ROG and NOX emissions in the presence of sunlight. Therefore, ROG and NOX are termed ozone precursors. The Air Basin often exceeds the state and national ozone standards.
Therefore, if the project emits a substantial quantity of ozone precursors, the project may contribute to an exceedance of the ozone standard. The Air Basin also exceeds air quality standards for PM10, and PM2.5; therefore, substantial project emissions may contribute to an exceedance for these pollutants. The SJVAPCD’s annual emission significance thresholds used for the project define the substantial contribution for both operational and construction emissions as follows:
• 100 tons per year CO • 27 tons per year SOX
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• 10 tons per year NOX
• 10 tons per year ROG
• 15 tons per year PM10
• 15 tons per year PM2.5
The project does not contain sources that would produce substantial quantities of SO2 emissions during construction and operation. Modeling conducted for the project demonstrates that SO2 emissions are well below the SJVAPCD GAMAQI thresholds, as shown in the modeling results contained in Attachment A. No further discussion of SO2 is required.
Construction Emissions
Construction activities associated with development of the proposed project would include site preparation, grading, building construction, paving, and architectural coatings. Emissions from construction-related activities are generally short-term in duration but may still cause adverse air quality impacts. During construction, fugitive dust would be generated from earth-moving activities. Exhaust emissions would also be generated from off-road construction equipment and construction-related vehicle trips. Emissions associated with construction of the proposed project are discussed below.
Table 6 provides the construction emissions estimate for the proposed project. Please refer to the Modeling Parameters and Assumptions section of this technical memorandum for details regarding assumptions used to estimate construction emissions. The duration of construction activity and associated equipment represent a reasonable approximation of the expected construction fleet as required pursuant to CEQA guidelines. 22 2780
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Table 6: Construction Regional Air Pollutant Annual Emissions (Unmitigated) Parameter
Air Pollutants (ton/year)
ROG NOX CO PM10 PM2.5
Project Construction (2024) 0.068 0.653 0.581 0.097 0.055 Project Construction (2025) 0.197 1.686 1.864 0.149 0.086 Project Construction (2026) 0.148 1.157 1.754 0.113 0.052 Project Construction (2027) 0.141 1.104 1.734 0.108 0.048 Project Construction (2028) 1.033 0.070 0.114 0.009 0.003 Total Project Construction
Emissions (tons/year) 1.587 4.67 6.047 0.476 0.244
Significance Threshold
(tons/year) 10 10 100 15 15
Exceeds Significance
Threshold? No No No No No
Notes:
PM10 and PM2.5 emissions are from the mitigated output to reflect compliance with Regulation VIII—Fugitive PM10 Prohibitions.
NOX = oxides of nitrogen
PM10 = particulate matter 10 microns in diameter
PM2.5 = particulate matter 2.5 microns in diameter
ROG = reactive organic gases
Source: Modeling Assumptions and CalEEMod Output Files (Attachment A).
As shown in Table 6, estimated emissions from construction of project are below the SJVAPCD significance thresholds. Therefore, the regional construction emissions would be less than significant on a project basis.
Operational Emissions
As previously discussed, the pollutants of concern include ROG, NOX, CO, PM10, and PM2.5.
Emissions were assessed for full buildout operations in the 2025 operational year. The 2025 operational year was chosen as it is the earliest year the project is anticipated to become operational. Emissions were estimated for full project buildout in the earliest operational year, thus generating the full amount of expected operational activity. The SJVAPCD Criteria Air Pollutant Significance thresholds were used to determine impacts. Operational annual emissions are shown in Table 7 below.
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Table 7: Operational Annual Emissions for Full Buildout (Unmitigated) Emissions Source
Tons per Year
ROG NOX CO PM10 PM2.5
Area 1.42 0.06 0.85 < 0.01 < 0.01
Energy Consumption 0.02 0.29 0.12 0.02 0.02
Mobile (On-road Vehicles) 0.83 0.67 5.29 1.02 0.26
Total Project Annual Emissions 2.27 1.02 6.26 1.04 0.28 Thresholds of Significance 10 10 100 15 15
Exceeds Significance
Threshold? No No No No No
Notes:
NOX = oxides of nitrogen
PM2.5 = particulate matter 2.5 microns or less in diameter PM10 = particulate matter 10 microns or less in diameter ROG = reactive organic gases
Source: Modeling Assumptions and CalEEMod Output Files (Attachment A).
As shown in Table 7, the proposed project would not result in net operational-related air pollutants or precursors that would exceed the applicable thresholds of significance. Therefore, project operations would not be considered to have the potential to generate a significant quantity of air pollutants; long-term operational impacts associated with the project’s criteria pollutant emissions would be less than significant.
Level of Significance Before Mitigation
Less than significant.
Mitigation Measures
No mitigation measures are necessary.
Impact AIR-3 Expose sensitive receptors to substantial pollutant concentrations? Impact Analysis
Emissions occurring at or near the project have the potential to create a localized impact that could expose sensitive receptors to substantial pollutant concentrations. Sensitive receptors are considered land uses or other types of population groups that are more sensitive to air pollution than others due to their exposure. Sensitive population groups include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory diseases. The SJVAPCD considers a sensitive receptor to be a location that houses or attracts children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Examples of sensitive receptors include hospitals, residences, convalescent facilities, and schools.
The closest existing sensitive receptors (to the site area) are residences, the closest of which is located approximately 52.8 feet (0.01 mile) west of the project boundary. Descriptions of the land uses surrounding the project site are provided below. 24 2782
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○ North of the project site is primarily developed farmland, northeast is an existing rural residence 0.06 of a mile away and northwest is P&R Farms agricultural buildings and parking area 0.14 of a mile. There is a large Derrel’s Mini Storage just over ¾ of a mile to the northwest followed by a large Tract of homes. Clovis Community College, Granite Ridge Intermediate School, Riverview Elementary and Clovis North High School are all approximately 1 ½ miles northwest of the project.
○ East of the project site is developed farmland within ¼ mile, including a large agricultural canal running approximately 0.10 of a mile directly east. Lennar The Ranch at Heritage Grove is a future subdivision starting at 0.38 miles away and mix of large rural homes and farmland starting approximately ¾ of a mile away. ○ South of the project site is a mix of farmland, a few rural scattered homes, and a large tract of homes starting at 0.13 miles away. Woods Elementary School is just over ¾ of a mile south of the project.
○ West of the project site is primarily developed farmland with 2 existing rural homes within 0.01 of a mile, including the closest residence to the project at 0.01 of a mile away. Just over 1 mile away is a large tract of existing homes.
Localized Impacts
Emissions occurring at or near the project have the potential to create a localized impact also referred to as an air pollutant hotspot. Localized emissions are considered significant if when combined with background emissions, they would result in exceedance of any health-based air quality standard. In locations that already exceed standards for these pollutants, significance is based on a significant impact level (SIL) that represents the amount that is considered a cumulatively considerable contribution to an existing violation of an air quality standard. The pollutants of concern for localized impact in the SJVAB are NO2, SOX, and CO. The SJVAPCD has provided guidance for screening localized impacts in the GAMAQI that establishes a screening threshold of 100 pounds per day of any criteria pollutant. If a project exceeds 100 pounds per day of any criteria pollutant, then ambient air quality modeling would be necessary.
If the project does not exceed 100 pounds per day of any criteria pollutant, then it can be assumed that it would not cause a violation of an ambient air quality standard.
Construction: Localized Concentrations of PM10, PM2.5, CO, and NOX Local construction impacts would be short-term in nature lasting only during the duration of construction. As shown in Table 8 below, on-site construction emissions would be less than 100 pounds per day for each of the criteria pollutants. To present a conservative estimate, on-site emissions for on-road construction vehicles were included in the localized analysis. Based on the SJVAPCD’s guidance, the construction emissions would not cause an ambient air quality standard violation.
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Table 8: Localized Concentrations of PM10, PM2.5, CO, and NOX for Construction Source
On-site Emissions (pounds per day)
NOX CO PM10 PM2.5
Construction (2024) 36.06 33.24 9.65 5.45
Construction (2025) 30.16 28.89 5.22 2.60
Construction (2026) 8.65 12.53 0.72 0.34
Construction (2027) 8.25 12.45 0.68 0.30
Construction (2028) 7.90 12.40 0.65 0.27
Entire Project Construction Duration (2024-2028)
Maximum Daily
On-site Emissions
36.06 33.24 9.65 5.45
Significance Thresholds 100 100 100 100
Exceed Significance Thresholds? No No No No
Note: Overlap of construction activities is based on the construction schedule shown in Table 1 and Attachment A.
Source of Emissions: Modeling Assumptions and CalEEMod Output Files (Attachment A).
Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINALDRAFT-GAMAQI.PDF. Accessed December 12, 2023.
Operation: Localized Concentrations of PM10, PM2.5, CO, and NOX Localized impacts could occur in areas with a single large source of emissions—such as a power plant—or at locations with multiple sources concentrated in a small area, such as a distribution center. Although residential development projects are typically less likely to cause a localized air quality impact compared to land uses with large sources of emissions or multiple concentrated sources of emissions, the proposed project would emit air pollutants that have the potential to create a localized impact. The maximum daily operational emissions would occur at project buildout, which was modeled in the 2025 operational year for the purposes of providing a conservative estimate of emissions. Operational emissions include those generated on-site by area sources (such as consumer products and landscape maintenance), energy use from natural gas combustion, and motor vehicles operation at the project site. To assess localized air impacts, motor vehicle emissions were estimated for on-site and localized operations using an adjusted trip length of 0.5 mile.
As shown in Table 9 below, operational modeling of on-site emissions for the project indicate that the project would not exceed 100 pounds per day for each of the criteria pollutants.
Therefore, based on the SJVAPCD’s guidance, the operational emissions would not cause an ambient air quality standard violation. As such, impacts would be less than significant. 26 2784
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Table 9: Localized Concentrations of PM10, PM2.5, CO, and NOX for Operations Source
On-site Emissions (pounds per day)
ROG NOX CO PM10 PM2.5
Area 8.26 1.34 9.74 0.11 0.11
Energy
Consumption 0.09 1.59 0.68 0.13 0.13
Mobile (On-road
Vehicles) 5.00 1.94 12.80 0.55 0.15
Daily Total 13.35 4.87 23.22 0.79 0.39
Significance
Thresholds — 100 100 100 100
Exceed
Significance
Thresholds?
— No No No No
Source of Emissions: Modeling Assumptions and CalEEMod Output Files (Attachment A).
Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF.
Accessed December 12, 2023.
Toxic Air Contaminants
Construction
Project construction would involve the use of diesel-fueled vehicles and equipment that emit DPM, which is considered a TAC. The SJVAPCD’s current threshold of significance for TAC emissions is an increase in cancer risk for the maximally exposed individual of 20 in a million (formerly 10 in a million).
A project-level assessment was conducted of the potential community health risk and health hazard impacts on surrounding sensitive receptors resulting from the emissions of TACs during construction. A summary of the assessment is provided below, while the detailed assessment is provided in Attachment B.
Construction activity using diesel-powered equipment emits DPM, a known carcinogen. Diesel particulate matter includes exhaust PM10 and exhaust PM2.5. A 10-year research program demonstrated that DPM from diesel-fueled engines is a human carcinogen and that chronic (long-term) inhalation exposure to DPM poses a chronic health risk.7 Health risks from TACs are a function of both concentration and duration of exposure. Construction diesel emissions are temporary, affecting an area for a period of weeks or months. Additionally, construction-related sources are mobile and transient in nature.
The health risk assessment evaluated DPM (represented as exhaust PM10) emissions generated during construction of the proposed project and the related health risk impacts for sensitive receptors located within approximately 1,000 feet of the project boundary. 7 California Air Resources Board (CARB). 2015. The Report on Diesel Exhaust. Website:
https://ww2.arb.ca.gov/sites/default/files/classic/toxics/dieseltac/de-fnds.htm. Accessed December 12, 2023. 27 2785
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The project site is located within 1,000 feet of existing sensitive receptors that could be exposed to diesel emission exhaust during the construction period. To estimate the potential cancer risk associated with construction of the proposed project from equipment exhaust (including DPM), a dispersion model was used to translate an emission rate from the source location to concentrations at the receptor locations of interest (i.e., receptors at nearby residences). A maximally exposed receptor (MER) was determined for construction and through the use of the dispersion modeling. A graphical representation of the inputs used in the dispersion modeling, including the locations of modeled receptor locations, is included as part of Attachment B.
Table 10 presents a summary of the proposed project’s construction cancer risk and chronic non-cancer hazard impacts at the MER from project construction prior to the application of any equipment mitigation.
Table 10: Summary of the Health Impacts from Unmitigated Construction of the Project Exposure Scenario
Maximum Cancer
Risk
(Risk per Million)
Chronic
Non-Cancer
Hazard Index
Acute
Non-Cancer
Hazard Index
Risks and Hazards at the MER
Risks and Hazards at the MER
(Construction Only)
21.41 0.01090 0.00000
Risks and Hazards at the MER
(Construction Plus Operations)
23.14 0.0163 0.00000
Significance Threshold 20 1 1
Threshold Exceeded in Any Scenario? Yes No No
MER = Maximally Exposed Receptor
Project MER: Receptor #310 (36°52'23.2"N 119°42'33.1"W) Source: Construction Health Risk Assessment and Operational Health Risk Screening (Attachment B).
As shown in Table 10, estimated health risks from elevated DPM concentrations during construction of the proposed project would not exceed the applicable health risk significance thresholds when construction is considered alone; however, construction plus operational emissions would exceed the applicable cancer risk threshold. This represents a potentially significant construction TAC exposure impact. Therefore, mitigation is required to reduce the impact during the construction period to below a level of significance.
MM AIR-C1 requires the project applicant, project sponsor, or construction contractor to provide documentation to the City of Farmerville that all off-road diesel-powered construction equipment greater than 50 horsepower meet EPA or CARB Tier 4 Interim off-road emissions standards or will utilize Level 3 filters. Table 11 shows the health risks and non-cancer hazard index for construction with implementation of MM AIR-1.
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Table 11: Summary of the Health Impacts from Mitigated Construction of the Project Exposure Scenario
Maximum Cancer
Risk
(Risk per Million)
Chronic
Non-Cancer
Hazard Index
Acute
Non-Cancer
Hazard Index
Risks and Hazards at the MER—Tier 4 Equipment Scenario
Risks and Hazards at the MER
(Construction Only)
5.14 0.00262 0.00000
Risks and Hazards at the MER
(Construction Plus Operations)
6.87 0.00802 0.00000
Risks and Hazards at the MER—Level 3 Filters Scenario
Risks and Hazards at the MER
(Construction Only)
5.99 0.00305 0.00000
Risks and Hazards at the MER
(Construction Plus Operations)
7.72 0.00845 0.00000
Highest Risks and Hazards at the MER after Incorporation of MM AIR-1 Risks and Hazards at the MER 7.72 0.00845 0.00000
Significance Threshold 20 1 1
Threshold Exceeded in Any Scenario? No No No
MER = Maximally Exposed Receptor
Project MER: Receptor #310 (36°52'23.2"N 119°42'33.1"W) Source: Construction Health Risk Assessment and Operational Health Risk Screening (Attachment B).
As noted in Table 11, calculated health metrics from the proposed project’s construction DPM emissions would not exceed the cancer risk significance threshold or non-cancer hazard index significance threshold at the MER with incorporation of MM AIR-1. Therefore, the proposed project would not result in a significant impact on nearby sensitive receptors from TACs during construction.
Operations
Operational DPM
The proposed residential project is expected to generate 1,507 average daily trips. 8 The
proposed project would primarily generate trips associated with residents and visitors traveling to and from the project site.
Unlike warehouses or distribution centers, the daily vehicle trips generated by the proposed residential and parks project would be primarily generated by passenger vehicles. Passenger vehicles typically use gasoline engines rather than the diesel engines that are found in heavyduty trucks. Gasoline-powered vehicles do emit TACs in the form of toxic organic gases, some of which are carcinogenic. Compared to the combustion of diesel, the combustion of gasoline has relatively low emissions of TACs. Thus, residential projects typically produce limited amounts of TAC emissions during operation from passenger vehicle trips. DPM emissions were estimated for the project-generated truck trips using EMFAC2021 to assess the project’s 8 Average daily trips based on weighted average of weekday, Saturday, and Sunday trips shown in Table 4. 29 2787
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potential to generate elevated levels of TACs from project trips. Health risk impacts were compared to the prioritization screening threshold to determine if a more refined health risk assessment conducted using dispersion modeling would be required. Detailed assumptions are provided in Attachment B. The results of the operational HRA from project-generated sources of DPM during operations are summarized below, while the complete assessment is included as part of Attachment B.
Table 12: Summary of the Health Impacts Risk Impacts (Operational DPM Emissions) Exposure Scenario
Maximum Cancer Risk
(Risk per Million)
Chronic
Non-Cancer Hazard
Index
Prioritization Score (70-Year Exposure) 1.73 0.0054
Applicable Prioritization Screening Threshold 10 1
Exceeds Prioritization Screening Threshold? No No
Notes:
Source: Attachment B (Construction Health Risk Assessment and Operational Health Risk Screening).
As shown in Table 12, the project would not exceed the applicable cancer risk or chronic risk prioritization screening threshold levels. The primary source of the DPM emissions responsible for chronic risk are from diesel trucks. DPM does not have an acute risk factor. Since the project does not exceed the applicable SJVAPCD screening thresholds for cancer risk, acute risk, or chronic risk, the impact related to the project’s potential to expose sensitive receptors to substantial pollutant concentrations from non-permitted sources would be less than significant.
Therefore, the proposed project would not result in a significant impact on nearby sensitive receptors from project-generated TACs during operations.
Valley Fever
Valley fever, or coccidioidomycosis, is an infection caused by inhalation of the spores of the fungus, Coccidioides immitis (C. immitis). The spores live in soil and can live for an extended time in harsh environmental conditions. Activities or conditions that increase the amount of fugitive dust contribute to greater exposure, and they include dust storms, grading, and recreational off-road activities.
The San Joaquin Valley is considered an endemic area for Valley fever. The San Joaquin Valley is considered an endemic area for Valley fever. During 2000–2018, a total of 65,438 coccidioidomycosis cases were reported in California; median statewide annual incidence was
7.9 per 100,000 population and varied by region from 1.1 in Northern and Eastern California to
90.6 in the Southern San Joaquin Valley, with the largest increase (15‐fold) occurring in the Northern San Joaquin Valley. Incidence has been consistently high in six counties in the Southern San Joaquin Valley (Fresno, Kern, Kings, Madera, Tulare, and Merced counties) and Central Coast (San Luis Obispo County) regions.9 California experienced 7,392 new probable or 9 Centers for Disease Control and Prevention (CDC). 2020. Regional Analysis of Coccidioidomycosis Incidence—California, 2000–2018. Website: https://www.cdc.gov/mmwr/volumes/69/wr/mm6948a4.htm?s_cid=mm6948a4_e. Accessed December 12, 2023.
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confirmed cases of Valley fever in 2020. A total of 466 Valley fever cases were reported in Fresno County in 2020.10
The distribution of C. immitis within endemic areas is not uniform and growth sites are commonly small (a few tens of meters) and widely scattered. Known sites appear to have some ecological factors in common suggesting that certain physical, chemical, and biological conditions are more favorable for C. immitis growth. Avoidance, when possible, of sites favorable for the occurrence of C. immitis is a prudent risk management strategy. Listed below are ecologic factors and sites favorable for the occurrence of C. immitis:
1) Rodent burrows (often a favorable site for C. immitis, perhaps because temperatures are more moderate and humidity higher than on the ground surface) 2) Old (prehistoric) Indian campsites near fire pits
3) Areas with sparse vegetation and alkaline soils
4) Areas with high salinity soils
5) Areas adjacent to arroyos (where residual moisture may be available) 6) Packrat middens
7) Upper 30 centimeters of the soil horizon, especially in virgin undisturbed soils 8) Sandy, well-aerated soil with relatively high water-holding capacities Sites within endemic areas less favorable for the occurrence of C. immitis include:
1) Cultivated fields
2) Heavily vegetated areas (e.g., grassy lawns)
3) Higher elevations (above 7,000 feet)
4) Areas where commercial fertilizers (e.g., ammonium sulfate) have been applied 5) Areas that are continually wet
6) Paved (asphalt or concrete) or oiled areas
7) Soils containing abundant microorganisms
8) Heavily urbanized areas where there is little undisturbed virgin soil.11 The project is situated on a site previously disturbed that does not provide a suitable habitat for spores. Specifically, the project site has been previously disturbed and has previously been tilled. Therefore, development of the proposed project would have a lower probability of the site having C. immitis growth sites than if the site had been previously undisturbed. 10 California Department of Public Health (CDPH). 2021. Coccidioidomycosis in California Provisional Monthly Report January 2021. Website: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/CocciinCA ProvisionalMonthlyReport.pdf. Accessed December 12, 2023. 11 United States Geological Survey (USGS). 2000. Operational Guidelines (Version 1.0) for Geological Fieldwork in Areas Endemic for Coccidioidomycosis (Valley Fever), 2000, Open-File Report 2000-348. Website:
https://pubs.usgs.gov/of/2000/0348/pdf/of00-348.pdf. Accessed December 12, 2023. 31 2789
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Although conditions are not favorable, construction activities could generate fugitive dust that contain C. immitis spores. The project will minimize the generation of fugitive dust during construction activities by complying with SJVAPCD’s Regulation VIII. Therefore, this regulation, combined with the relatively low probability of the presence of C. immitis spores would reduce Valley fever impacts to less than significant.
During operations, dust emissions are anticipated to be relatively small because most of the project area where operational activities would occur would be occupied by the proposed homes, g pavement associated with the proposed residential and parks development; it is anticipated that all internal travel areas would be paved. This condition would lessen the possibility of the project from providing habitat suitable for C. immitis spores and for generating fugitive dust that may contribute to Valley fever exposure. Impacts would be less than significant.
Naturally Occurring Asbestos
Review of the map of areas where naturally occurring asbestos in California are likely to occur found no such areas in the immediate project area. Therefore, development of the project is not anticipated to expose receptors to naturally occurring asbestos.12 Impacts would be less than significant.
Impact Analysis Summary
In summary, the project would not exceed SJVAPCD localized emission daily screening levels for any criteria pollutant. The project is not a significant source of TAC emissions during operations and is not a significant source of TAC emissions during construction after incorporation of MM AIR-1. The project is not in an area with suitable habitat for Valley fever spores and is not in an area known to have naturally occurring asbestos. Therefore, the project would not result in significant impacts to sensitive receptors after incorporation of MM AIR-1.
Level of Significance Before Mitigation
Potentially significant impact.
Mitigation Measures
MM AIR-1 Before a construction permit is issued for the proposed project, the project applicant, project sponsor, or construction contractor shall submit documentation demonstrating reasonably detailed compliance with the following requirements to the City of Clovis:
(1) Where portable diesel engines are used during construction, all off-road equipment with engines greater than 50 horsepower shall have engines that meet or exceed either United States Environmental Protection Agency (EPA) or California Air Resources Board (CARB) Tier 4 Interim off-road emission standards or be equipped with Level 3 diesel particulate filters. Tier 4 Interim engines shall, at a minimum, meet EPA or CARB particulate matter emissions standards for Tier 4 Interim engines. Alternatively, use of CARB-certified Level 12 U.S. Geological Survey. 2011. Van Gosen, B.S., and Clinkenbeard, J.P. California Geological Survey Map Sheet 59. Reported Historic Asbestos Mines, Historic Asbestos Prospects, and Other Natural Occurrences of Asbestos in California. Open-File Report 2011-1188 Website: https://pubs.usgs.gov/of/2011/1188/. Accessed December 12, 2023. 32 2790
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3 diesel particulate filters on off-road equipment with engines greater than 50 horsepower can be used in lieu of Tier 4 Interim engines or in combination with Tier 4 Interim or better engines. The construction contractor shall maintain records documenting its efforts to comply with this requirement, including equipment lists. Off-road equipment descriptions and information shall include, but are not limited to, equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Clovis.
Level of Significance After Mitigation
Less than significant impact with incorporation of MM AIR-1.
Impact AIR-4 Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Impact Analysis
Two situations create a potential for odor impact. The first occurs when a new odor source is located near an existing sensitive receptor. The second occurs when a new sensitive receptor locates near an existing source of odor. According to the CBIA v. BAAQMD ruling, impacts of existing sources of odors on the project are not subject to CEQA review. Therefore, the analysis to determine if the project would locate new sensitive receptors near an existing source of odor is not used to determine significance for this impact.
Odor impacts on residential areas and other sensitive receptors, such as hospitals, day-care centers, schools, etc. warrant the closest scrutiny, but consideration should also be given to other land uses where people may congregate, such as recreational facilities, worksites, and commercial areas.
Although the project is approximately 52.8 feet (0.01 mile) from the nearest sensitive receptor, the project is not expected to be a significant source of odors. The screening levels for these land use types are shown in Table 13.
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Table 13: Screening Levels for Potential Odor Sources
Odor Generator Screening Distance
Wastewater Treatment Facilities 2 miles
Sanitary Landfill 1 mile
Transfer Station 1 mile
Composting Facility 1 mile
Petroleum Refinery 2 miles
Asphalt Batch Plant 1 mile
Chemical Manufacturing 1 mile
Fiberglass Manufacturing 1 mile
Painting/Coating Operations (e.g., auto body shop) 1 mile Food Processing Facility 1 mile
Feed Lot/Dairy 1 mile
Rendering Plant 1 mile
Wastewater Treatment Facilities 2 miles
Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF.
Accessed December 12, 2023.
Project Construction and Project Operation
The occurrence and severity of odor impacts depend on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the presence of sensitive receptors. Although offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to considerable distress and often generating citizen complaints to local governments and regulatory agencies. Project operations would not be anticipated to produce odorous emissions, as the project would not be considered an odor generator based on the land uses shown in Table 13. Construction activities associated with the proposed project could result in short-term odorous emissions from diesel exhaust associated with construction equipment. However, these emissions would be intermittent and would dissipate rapidly from the source. In addition, this diesel-powered equipment would only be present onsite temporarily during construction activities. The temporary and intermittent nature of construction activities would decrease the likelihood of the odors concentrating in a single area or lingering for any notable period of time. As such, these odors would likely not be noticeable for extended periods of time beyond the project’s site boundaries. Therefore, construction would not create objectionable odors affecting a substantial number of people from use of diesel-powered equipment. As there would not be conditions under which the project would have the potential to expose a substantial number of people to odors emitted from construction or operations of the project, and the impact would be less than significant.
Level of Significance Before Mitigation
Less than significant.
Mitigation Measures
No mitigation measures are necessary.
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GREENHOUSE GASES
Environmental Setting
Greenhouse Gases
Greenhouse gases and climate change are cumulative global issues. The CARB and EPA regulate GHG emissions within the State of California and the U.S., respectively. Meanwhile, the CARB has the primary regulatory responsibility within California for GHG emissions. Local agencies can also adopt policies for GHG emission reduction.
Many chemical compounds in the Earth’s atmosphere act as GHGs as they absorb and emit radiation within the thermal infrared range. When radiation from the sun reaches the Earth’s surface, some of it is reflected into the atmosphere as infrared radiation (heat). Greenhouse gases absorb this infrared radiation and trap the heat in the atmosphere. Over time, the amount of energy from the sun to the Earth’s surface should be approximately equal to the amount of energy radiated back into space, leaving the temperature of the earth’s surface roughly constant. Many gases exhibit these “greenhouse” properties. Some of them occur in nature (water vapor, carbon dioxide [CO2], methane [CH4], and nitrous oxide [N2O]), while others are exclusively human made (like gases used for aerosols).
The principal climate change gases resulting from human activity that enter and accumulate in the atmosphere are listed below.
Carbon Dioxide
Carbon dioxide enters the atmosphere through the burning of fossil fuels (oil, natural gas, and coal), solid waste, trees and wood products, and chemical reactions (e.g., the manufacture of cement). Carbon dioxide is also removed from the atmosphere (or “sequestered”) when it is absorbed by plants as part of the biological carbon cycle.
Methane
Methane is emitted during the production and transport of coal, natural gas, and oil. Methane emissions also result from livestock and agricultural practices and the decay of organic waste in municipal solid waste landfills.
Nitrous Oxide
Nitrous oxide is emitted during agricultural and industrial activities, as well as during combustion of fossil fuels and solid waste.
Fluorinated Gases
Hydrofluorocarbons, perfluorinated chemicals, and sulfur hexafluoride are synthetic, powerful climate-change gases that are emitted from a variety of industrial processes. Fluorinated gases are often used as substitutes for ozone-depleting substances (i.e., chlorofluorocarbons, hydrochlorofluorocarbons, and halons). These gases are typically emitted in smaller quantities, but because they are potent climate-change gases, they are sometimes referred to as high global warming potential gases.
Emissions Inventories and Trends
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According to the CARB’s recent GHG inventory for the State, released 2022, California produced 369.2 million metric tons of carbon dioxide equivalent (MMTCO2e) in 2020. The major source of GHGs in California is transportation, contributing approximately 38 percent of the state’s total GHG emissions in 2020.
13 This puts total emissions below the 2020 target of 431 million metric tons. California statewide GHG emissions dropped below the 2020 GHG limit in 2016 and have remained below the 2020 GHG limit since then.
Potential Environmental Impacts
For California, climate change in the form of warming has the potential to incur and exacerbate environmental impacts, including but not limited to changes to precipitation and runoff patterns, increased agricultural demand for water, inundation of low-lying coastal areas by sea-level rise, and increased incidents and severity of wildfire events.14 Cooling of the climate may have the opposite effects. Although certain environmental effects are widely accepted to be a potential hazard to certain locations, such as rising sea level for low-lying coastal areas, it is currently infeasible to predict all environmental effects of climate change on any one location.
Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the industrial and manufacturing, utility, transportation, residential, and agricultural sectors. Therefore, the cumulative global emissions of GHGs contributing to global climate change can be attributed to every nation, region, and city, and virtually every individual on Earth. A project’s GHG emissions are at a micro-scale relative to global emissions but could result in a cumulatively considerable incremental contribution to a significant cumulative macroscale impact.
Regulatory Requirements
California has adopted statewide legislation addressing various aspects of climate change and GHG emissions mitigation. Much of this legislation establishes a broad framework for the state’s long-term GHG reduction and climate change adaptation program. The governor has also issued several executive orders (EOs) related to the state’s evolving climate change policy. Of particular importance are AB 32 and SB 32, which outline the state’s GHG reduction goals of achieving 1990 emissions levels by 2020 and a 40 percent reduction below 1990 emissions levels by 2030.
In the absence of federal regulations, control of GHGs is generally regulated at the state level and is typically approached by setting emission reduction targets for existing sources of GHGs, setting policies to promote renewable energy and increase energy efficiency, and developing statewide action plans.
CEQA Guidelines
The CEQA Guidelines define a significant effect on the environment as “a substantial, or potentially substantial, adverse change in the environment.” To determine if a project would 13 California Air Resources Board (CARB). 2022. 2000-2020 Greenhouse Gas inventory (2022 Edition). Website:
https://ww2.arb.ca.gov/ghg-inventory-data. Accessed December 12, 2023. 14 Moser et al. 2009. Moser, Susie, Guido Franco, Sarah Pittiglio, Wendy Chou, Dan Cayan. 2009. The Future Is Now: An Update on Climate Change Science Impacts and Response Options for California. Website:
http://www.susannemoser.com/documents/CEC-500-2008-071_Moseretal_FutureisNow.pdf. Accessed December 12, 2023. 36 2794
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have a significant impact on GHGs, the type, level, and impact of emissions generated by the project must be evaluated.
The following GHG significance thresholds are contained in Appendix G of the CEQA Guidelines, which were amendments adopted into the Guidelines on March 18, 2010, pursuant to SB 97. A significant impact would occur if the project would:
• Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment; or
• Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs.
Thresholds of Significance
San Joaquin Valley Air Pollution Control District
The SJVAPCD’s Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA presents a tiered approach to analyzing project significance with respect to GHG emissions. Project GHG emissions are considered less than significant if they can meet any of the following conditions, evaluated in the order presented:
• Project is exempt from CEQA requirements;
• Project complies with an approved GHG emission reduction plan or GHG mitigation program;
• Project implements Best Performance Standards (BPS); or • Project demonstrates that specific GHG emissions would be reduced or mitigated by at least 29 percent compared to Business-as-Usual (BAU), including GHG emission reductions achieved since the 2002-2004 baseline period.
Project-level Thresholds
Section 15064.4(b) of the CEQA Guidelines’ amendments for GHG emissions states that a lead agency may take into account the following three considerations in assessing the significance of impacts from GHG emissions.
• Consideration #1: The extent to which the project may increase or reduce GHG emissions as compared to the existing environmental setting. • Consideration #2: Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project.
• Consideration #3: 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. Such regulations or requirements must be adopted by the relevant public agency through a public review process and must include specific requirements that reduce or mitigate the project’s incremental contribution of GHG emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an Environmental Impact Report (EIR) must be prepared for the project.
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Newhall Ranch
In the California Supreme Court decision in the Center for Biological Diversity et al. vs.
California Department of Fish and Wildlife, the Newhall Land and Farming Company (62 Cal.4th 204 [2015], and known as the Newhall Ranch decision), the Supreme Court was concerned that new development may need to reduce GHG emissions more than existing development to demonstrate it is meeting its fair share of reductions. New development does more than its fair share through compliance with enhanced regulations, particularly with respect to motor vehicles, energy efficiency, and electricity generation. If no additional reductions are required from an individual project beyond that achieved by regulations, then the amount needed to reach the 2020 target is the amount of GHG emissions a project must reduce to comply with Statewide goals.
The State’s regulatory program implementing the 2008 Scoping Plan is now fully mature. All regulations envisioned in the Scoping Plan have been adopted by the responsible agencies and the effectiveness of those regulations have been estimated by the agencies during the adoption process and then are tracked to verify their effectiveness after implementation. The Governor Brown, in the introduction to Executive Order B-30-15, states “California is on track to meet or exceed the current target of reducing greenhouse gas emissions to 1990 levels by 2020, as established in the California Global Warming Solutions Act of 2006 (AB 32).” The progress was evident in emission inventories prepared by CARB, which showed that the State inventory dropped below 1990 levels for the first time in 2016.15 The State projects that it will meet the 2020 target and achieve continued progress towards meeting the 2017 Scoping Plan target for 2030.16 CARB adopted the 2022 Scoping Plan on December 16, 2022 that addresses long-term GHG goals set forth by AB 1279.17 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.
Environmental Impact Analysis
This section discusses potential impacts related to GHGs associated with the proposed project and provides mitigation measures where necessary.
Impact GHG-1 Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Impact Analysis
The proposed project may contribute to climate change impacts through its contribution of GHGs. The proposed project would generate a variety of GHGs during construction and operations, including several defined by AB 32, such as CO2, CH4, and N2O from the exhaust of equipment during construction and on-road vehicle trips during construction and operations. The following analysis assesses the project’s compliance with Consideration #3 regarding 15 California Air Resources Board (CARB). 2018. Climate Pollutants Fall Below 1990 Levels for the First Time. Website:
https://ww2.arb.ca.gov/news/climate‐pollutants‐fall‐below‐1990‐levelsfirst‐time. Accessed December 12, 2023. 16 California Air Resources Board (CARB). 2017. The 2017 Climate Change Scoping Plan Update, the Proposed Strategy for Achieving California’s 2030 Greenhouse Gas Target. January 17, 2017. Website:
https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf. Accessed December 12, 2023. 17 The Final 2022 Scoping Plan was released on November 16, 2022 and adopted by CARB in December 2022. 38 2796
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consistency with adopted plans to reduce GHG emissions. The project is in unincorporated Fresno County, just outside of the City of Clovis. As the project site would be annexed into the City of Clovis, information for both unincorporated Fresno County and the City of Clovis was reviewed. Neither the City of Clovis nor the County of Fresno have adopted a GHG reduction plan that would be applicable to the proposed project. In addition, neither the City of Clovis nor the County of Fresno have completed the GHG inventory, benchmarking, or goal‐setting process required to identify a reduction target and take advantage of the streamlining provisions contained in the CEQA Guidelines. The SJVAPCD has adopted a Climate Action Plan, but it does not contain measures that are applicable to the project. Therefore, the SJVAPCD Climate Action Plan cannot be applied to the project. Since no other local or regional Climate Action Plan is in place, the project is assessed for its consistency with CARB’s adopted Scoping Plans.
In the absence of an adopted numeric GHG emissions threshold consistent with the State’s 2030 target, the project’s GHG emissions impact determination is based on 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. The project’s GHG emissions are provided for informational purposes only.
Quantification of Greenhouse Gas Emissions for Informational Purposes Construction Emissions
Construction emissions would be generated from the exhaust of construction equipment, material delivery trips, haul truck trips, and worker commuter trips. Detailed construction assumptions are provided in Modeling Parameters and Assumptions section of this technical memorandum. Construction-generated GHGs were quantified and are disclosed in Attachment A. MTCO2e emissions during construction of the project are summarized below in Table 14.
Table 14: Construction Greenhouse Gas Emissions
Project Construction (2024-2028) MTCO2e per Year
Project Construction (2024) 104
Project Construction (2025) 325
Project Construction (2026) 300
Project Construction (2027) 298
Project Construction (2028) 19
Total Construction MTCO2e 1,046
Emissions Amortized Over 30 Years1 34.9
Notes:
MTCO2e = metric tons of carbon dioxide equivalent
1 Construction GHG emissions are amortized over the 30-year lifetime of the project.
Source: Modeling Assumptions and CalEEMod Output Files (Attachment A).
During the construction of the proposed project, approximately 1,046 MTCO2e would be emitted. Neither the City of Clovis, Fresno County, nor the SJVAPCD have an adopted threshold of significance for construction related GHG emissions. Because impacts from construction activities occur over a relatively short-term period, they contribute a relatively small portion of the overall lifetime project GHG emissions. In addition, GHG emission reduction 39 2797
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measures for construction equipment are relatively limited. Therefore, a standard practice is to amortize construction emissions over the anticipated lifetime of a project so that GHG reduction measures will address construction GHG emissions as part of the operational GHG reduction strategies. However, emissions were quantified for informational purposes only. The total emissions generated during construction were amortized based on the life of the development (30 years) and added to the operational emissions to determine the total emissions from the project, as shown below.
Operational Emissions
Operational or long‐term emissions occur over the life of the project. The operational emissions for the proposed project are shown in Table 15. Sources for operational emissions include the following:
• Motor Vehicles: These emissions refer to GHG emissions contained in the exhaust from the cars and trucks that would travel to and from the project site. As described in the traffic study prepared for the proposed project, the project is expected to generate 1,507 average daily trips.18
• Natural Gas: These emissions refer to the GHG emissions that occur when natural gas is burned on the project site. Natural gas uses could include heating water, space heating, dryers, stoves, or other uses.
• Indirect Electricity: These emissions refer to those generated by offsite power plants to supply electricity required for the project.
• Water Transport: These emissions refer to those generated by the electricity required to transport and treat the water to be used on the project site. • Waste: These emissions refer to the GHG emissions produced by decomposing waste generated by the project.
Detailed modeling results and more information regarding assumptions used to estimate emissions are provided in Attachment A. Operational emissions are shown in Table 15.
Table 15: Operational Greenhouse Gas Emissions for Project Buildout Source Category Project Total Buildout Year
(MTCO2e/year)
Area 66
Energy Consumption 477
Mobile (On-road Vehicles) 1,074
Water Usage 19
Solid Waste Generation 45
Refrigerants < 0.1
Amortized Construction Emissions 34.9
Total 1,681
18 Average daily trips based on weighted average of weekday, Saturday, and Sunday trips shown in Table 4. 40 2798
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Source Category Project Total Buildout Year
(MTCO2e/year)
Notes:
MTCO2e = metric tons of carbon dioxide equivalent
Source: Modeling Assumptions and CalEEMod Output Files (Attachment A).
As previously noted, the project’s estimated emissions were estimated for disclosure purposes.
However, significance for GHG emissions is analyzed by assessing the project’s compliance with Consideration No. 3 regarding consistency with adopted plans to reduce GHG emissions.
As discussed in detail below, the project would not conflict with any applicable plan, policy or regulation of an agency adopted to reduce the emissions of GHGs. As such, the project’s generation of GHG emissions would not result in a significant impact on the environment.
Impact Analysis (Project’s Compliance with Consideration No. 3 Regarding Consistency with Adopted Plans to Reduce GHG Emissions)
The following analysis assesses the project’s compliance with Consideration No. 3 regarding consistency with adopted plans to reduce GHG emissions. The proposed project is assessed for its consistency with CARB’s adopted Scoping Plans, which include the 2008, 2017, and 2022 Scoping Plans.
Consistency with AB 32 and the 2008 Scoping Plan
The State’s regulatory program implementing the 2008 Scoping Plan is now fully mature. All regulations envisioned in the Scoping Plan have been adopted, and the effectiveness of those regulations has been estimated by the agencies during the adoption process and then tracked to verify their effectiveness after implementation. The combined effect of this successful effort is that the State projects that it will achieve continued progress toward meeting post-2020 targets.
Governor Brown, in the introduction to Executive Order B-30-15, stated “California is on track to meet or exceed the current target of reducing greenhouse gas emissions to 1990 levels by 2020, as established in the California Global Warming Solutions Act of 2006 (AB 32).” Consistency with SB 32 and the 2017 Scoping Plan
The 2017 Climate Change Scoping Plan Update (2017 Scoping Plan) includes the strategy that the State intends to pursue to achieve the 2030 targets of Executive Order S‐3‐05 and SB 32.
The 2017 Scoping Plan includes the following summary of its overall strategy for reaching the 2030 target:
• SB 350
o Achieve 50 percent Renewables Portfolio Standard (RPS) by 2030. o Doubling of energy efficiency savings by 2030.
• Low Carbon Fuel Standard (LCFS)
o Increased stringency (reducing carbon intensity 18 percent by 2030, up from 10 percent in 2020).
• Mobile Source Strategy (Cleaner Technology and Fuels Scenario) o Maintaining existing GHG standards for light‐ and heavy‐duty vehicles. 41 2799
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o Put 4.2 million zero‐emission vehicles (ZEVs) on the roads. o Increase ZEV buses, delivery and other trucks.
• Sustainable Freight Action Plan
o Improve freight system efficiency.
o Maximize use of near‐zero emission vehicles and equipment powered by renewable energy.
o Deploy over 100,000 zero‐emission trucks and equipment by 2030. • Short‐Lived Climate Pollutant (SLCP) Reduction Strategy o Reduce emissions of methane and hydrofluorocarbons 40 percent below 2013 levels by 2030.
o Reduce emissions of black carbon 50 percent below 2013 levels by 2030. • SB 375 Sustainable Communities Strategies
o Increased stringency of 2035 targets.
• Post‐2020 Cap‐and‐Trade Program
o Declining caps, continued linkage with Québec, and linkage to Ontario, Canada. o CARB will look for opportunities to strengthen the program to support more air quality co-benefits, including specific program design elements. In Fall 2016, CARB staff described potential future amendments including reducing the offset usage limit, redesigning the allocation strategy to reduce free allocation to support increased technology and energy investment at covered entities and reducing allocation if the covered entity increases criteria or toxics emissions over some baseline.
• By 2018, develop Integrated Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink.
Table 16 provides an analysis of the project’s consistency with the 2017 Scoping Plan Update measures.
Table 16: Consistency with SB 32 2017 Scoping Plan Update Scoping Plan Measure Project Consistency
SB 350 50% Renewable Mandate. Utilities subject
to the legislation will be required to increase their
renewable energy mix from 33% in 2020 to 50% in
2030. This has been increased to 60%.
Consistent: The project will purchase electricity from a utility subject to the SB 350 Renewable Mandate SB 100
Renewable Mandate. SB 100 revised the Renewable
Portfolio Standard goals to achieve the 50 percent
renewable resources target by December 31, 2026, and
to achieve a 60 percent target by December 31, 2030.
The specific provider for the City of Clovis and the
proposed project is Pacific Gas and Electric (PG&E). In February 2018, PG&E announced that it had reached
California's 2020 renewable energy goal 3 years ahead of schedule and delivers nearly 80 percent of its electricity from GHG-free resources.1
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Scoping Plan Measure Project Consistency
SB 350 Double Building Energy Efficiency by
2030. This is equivalent to a 20 percent reduction
from 2014 building energy usage compared to
current projected 2030 levels.
Not Applicable. This measure applies to existing
buildings, while the project includes new construction.
New structures are required to comply with Title 24
Energy Efficiency Standards that are expected to
increase in stringency over time.
Low Carbon Fuel Standard. This measure
requires fuel providers to meet an 18 percent
reduction in carbon content by 2030.
Consistent. This is a Statewide measure that cannot be
implemented by a project applicant or lead agency.
However, vehicles accessing the project site will use fuel containing lower carbon content as the fuel standard is implemented.
Mobile Source Strategy (Cleaner Technology
and Fuels Scenario). Vehicle manufacturers will be
required to meet existing regulations mandated by
the LEV III and Heavy‐Duty Vehicle programs. The
strategy includes a goal of having 4.2 million ZEVs
on the road by 2030 and increasing numbers of
ZEV trucks and buses.
Consistent. The project consists of 162 single family
detached residential units and two (2) small parks on
approximately 14.57 acres. The project is residential is nature and would not engage in vehicle manufacturing;
however, vehicles would access the project site during
project operations. Future project residents and other
visitors can be expected to purchase increasing numbers of more fuel efficient and zero emission cars and trucks each year. Residential deliveries will be made by
increasing numbers of ZEV delivery trucks.
Sustainable Freight Action Plan. The plan’s target
is to improve freight system efficiency 25 percent by
increasing the value of goods and services
produced from the freight sector, relative to the
amount of carbon that it produces by 2030. This
would be achieved by deploying over 100,000
freight vehicles and equipment capable of zero
emission operation and maximize near‐zero
emission freight vehicles and equipment powered
by renewable energy by 2030.
Not Applicable. The measure applies to owners and
operators of trucks and freight operations. However,
deliveries that would be made to the future homes
proposed as part of the project are expected to be made by increasing number of ZEV delivery trucks.
Short‐Lived Climate Pollutant (SLCP) Reduction
Strategy. The strategy requires the reduction of
SLCPs by 40 percent from 2013 levels by 2030 and
the reduction of black carbon by 50 percent from
2013 levels by 2030.
Consistent. Sources of black carbon are already
regulated by the CARB and air district criteria pollutant and toxic regulations that control fine particulate
emissions from diesel engines and other combustion
sources. The project residences would not include wood
burning hearths. Natural gas hearths produce very little black carbon compared to woodburning fireplaces and
heaters.
SB 375 Sustainable Communities Strategies.
Requires Regional Transportation Plans to include
a sustainable communities strategy for reduction of
per capita vehicle miles traveled.
Not Applicable. The project does not consist of a
proposed regional transportation plan; therefore, this
measure is not applicable to the proposed project.
Post‐2020 Cap‐and‐Trade Program. The Post
2020 Cap‐and‐Trade Program continues the
existing program for another 10 years. The Cap‐
and‐Trade Program applies to large industrial
sources such as power plants, refineries, and
cement manufacturers.
Consistent. The post‐2020 Cap‐and‐Trade Program
indirectly affects people who use the products and
services produced by the regulated industrial sources
when increased cost of products or services (such as
electricity and fuel) are transferred to the consumers. The Cap‐and‐Trade Program covers the GHG emissions
associated with electricity consumed in California,
whether generated in‐state or imported. Accordingly,
GHG emissions associated with CEQA projects’
electricity usage are covered by the Cap-and‐Trade
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Scoping Plan Measure Project Consistency
Program. The Cap‐and‐Trade Program also covers fuel
suppliers (natural gas and propane fuel providers and
transportation fuel providers) to address emissions from such fuels and from combustion of other fossil fuels not directly covered at large sources in the program’s first compliance period.
Natural and Working Lands Action Plan. CARB
is working in coordination with several other
agencies at the federal, state, and local levels,
stakeholders, and with the public, to develop
measures as outlined in the Scoping Plan Update
and the governor’s Executive Order B‐30‐15 to
reduce GHG emissions and to cultivate net carbon
sequestration potential for California’s natural and
working land.
Not Applicable. The project consists of residential
development and will not be considered natural or
working lands.
Source: California Air Resources Board (CARB). 2017. The 2017 Climate Change Scoping Plan Update. January 20.
Website: https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf. Accessed December 12, 2023. 1 Pacific Gas and Electric (PG&E). 2018. PG&E Clean Energy Deliveries Already Meet Future Goals.
Website: www.pge.com/en/about/newsroom/newsdetails/index.page?title=20180220_pge_clean_energy_deliveries_already _meet_future_goals. Accessed December 12, 2023.
Consistency Regarding GHG Reduction Goals for 2050 under Executive Order S‐3‐05 and GHG Reduction Goals for 2045 under the 2022 Scoping Plan Regarding goals for 2050 under Executive Order S‐3‐05, at this time it is not possible to quantify the emissions savings from future regulatory measures with any level of certainty, as they have not yet been developed; nevertheless, it can be anticipated that operation of the project would comply with whatever measures are enacted that state lawmakers decide would lead to an 80 percent reduction below 1990 levels by 2050. In its 2008 Scoping Plan, CARB acknowledged that the “measures needed to meet the 2050 are too far in the future to define in detail.” In the First Scoping Plan Update; however, CARB generally described the type of activities required to achieve the 2050 target: “energy demand reduction through efficiency and activity changes; large scale electrification of on‐road vehicles, buildings, and industrial machinery; decarbonizing electricity and fuel supplies; and rapid market penetration of efficiency and clean energy technologies that requires significant efforts to deploy and scale markets for the cleanest technologies immediately.” The 2017 Scoping Plan provides an intermediate target that is intended to achieve reasonable progress toward the 2050 target. In addition, the 2022 Scoping Plan outlines objectives, regulations, planning efforts, and investments in clean technologies and infrastructure that outlines how the State can achieve carbon-neutrality by 2045.
The 2022 Scoping Plan strategies that are applicable to the project include reducing fossil fuel use, energy demand, and vehicle miles traveled; maximizing recycling and diversion from landfills; and increasing water conservation. The TM6467 project would be consistent with these goals through project design, which include complying with the latest requirements of the CALGreen Code and Building Energy Efficiency Standards. For instance, the latest requirement require all new single-family homes to be equipped with solar to provide on-site renewable energy. In addition, the project would receive electricity from PG&E, which is required to reduce GHG emissions by increasing procurement from eligible renewable energy by set target years. 44 2802
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Furthermore, the project would be consistent with goals to reduce VMT by constructing new homes near existing residential, commercial, and public uses. The project would also to encourage alternative modes of transportation by providing infrastructure for future EV chargers (consistent with the applicable Building Code) and would provide extensive pedestrian connectivity within the project site and to adjacent land uses. The project would further align with goals in the 2022 Scoping Plan by incorporating a number of sustainable design features, including, but not limited, to installation of energy-efficient light fixtures, high-efficiency plumbing fixtures, EV parking spaces, and rooftop PV systems and solar panels (consistent with the requirements of Title 24).
Accordingly, taking into account the proposed project’s emissions, project design features, and the progress being made by the State towards reducing emissions in key sectors such as transportation, industry, and electricity, the project would be consistent with State GHG Plans and would further the State’s goals of reducing GHG emissions to 1990 levels by 2020, 40 percent below 1990 levels by 2030, carbon neutral by 2045, and 80 percent below 1990 levels by 2050, and does not obstruct their attainment. Impacts would be less than significant.
Conclusion
As described above, the proposed project would be consistent with State GHG Plans and would not obstruct the State’s ability to meet its goals of reducing GHG emissions 40 percent below 1990 levels by 2030, carbon neutral by 2045, and 80 percent below 1990 levels by 2050.
Therefore, the project’s generation of GHG emissions would not result in a significant impact on the environment.
Level of Significance Before Mitigation
Less than significant.
Mitigation Measures
No mitigation measures are necessary.
Impact GHG-2 Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Impact Analysis
The analysis contained above under Impact GHG-1 evaluates whether the project would not conflict with any applicable plan, policy, or regulation of an agency adopted to reduce the emissions of GHGs. As discussed under Impact GHG-1 above, the project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing emissions GHGs. As such, project impacts in this regard would be less than significant.
Level of Significance Before Mitigation
Less than significant.
Mitigation Measures
No mitigation measures are necessary.
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AGENDA ITEM NO. 17.
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Attachments:
Attachment A – Modeling Assumptions and CalEEMod Output Files Attachment B – Construction Health Risk Assessment and Operational Health Risk Screening 46 2804
AGENDA ITEM NO. 17.
Bonadelle TM6467 Project—Clovis, CA
Air Quality/Greenhouse Gas Emissions Technical Memorandum December 27, 2023
ATTACHMENT A
Modeling Assumptions and
CalEEMod Output Files
47 2805
AGENDA ITEM NO. 17.
Modeling Assumptions and CalEEMod Output Files
Table of Contents
Modeling Assumptions/Additional Supporting Information
• Bonadelle TM6467 Residential Project Construction Assumptions • Project Site Vicinity Map
• Project Site APN Map
• Bonadelle TM6467 Project Site Plan
CalEEMod Output Files
• Unmitigated Project Construction & Buildout Operations in the Earliest Year (2025) • Maximum Daily On-site/Localized Construction and Operational Emissions • Mitigated Project Construction (Tier 4 Scenario)
• Mitigated Project Construction (Level 3 Filters Scenario) 48 2806
AGENDA ITEM NO. 17.
Bonadelle TM6467 Project Construction Assumptions
Construction Phase
Phase Name Start Date End Date
Demolition 11/1/2024 11/29/2024 5 20
Site Preparation 11/30/2024 12/14/2024 5 10
Grading 12/15/2024 1/26/2025 5 30
Paving 1/27/2025 2/21/2025 5 20
Trenching/Utilities 2/22/2025 10/03/2025 5 160
Building Construction 10/04/2025 1/21/2028 5 600
Architectural Coating 1/22/2028 2/18/2028 5 20
OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours
Demolition Rubber Tired Dozers 2 8 367 0.40
Demolition Excavators 3 8 36 0.38
Demolition Concrete/Industrial Saws 1 8 33 0.73
Site Preparation Rubber Tired Dozers 3 8 367 0.40
Site Preparation Tractors/Loaders/Backhoes 4 8 84 0.37
Grading Graders 1 8 148 0.41
Grading Excavators 2 8 36 0.38
Grading Tractors/Loaders/Backhoes 2 8 84 0.37
Grading Scrapers 2 8 423 0.48
Grading Rubber Tired Dozers 1 8 367 0.40
Paving Pavers 2 8 81 0.42
Paving Paving Equipment 2 8 89 0.36
Paving Rollers 2 8 36 0.38
Trenching/Utilities Tractors/Loaders/Backhoes 2 8 84 0.37 Trenching/Utilities Trenchers 1 8 40 0.50
Trenching/Utilities Rubber Tired Dozers 1 8 367 0.40
Building Construction Forklifts 3 8 82 0.20
Building Construction Generator Sets 1 8 14 0.74
Building Construction Cranes 1 3.5 367 0.29
Building Construction Welders 1 8 46 0.45
Building Construction Tractors/Loaders/Backhoes 3 7 84 0.37 Architectural Coating Air Compressors 1 6 37 0.48
Construction Trips
Phase Name
Demolition 15 4 0.95 7.7 4 20
Site Preparation 17.5 4 0 7.7 4 20
Grading 20 4 20.83 7.7 4 20
Paving 15 4 0 7.7 4 20
Trenching/Utilities 10 4 0 7.7 4 20
Building Construction 58.32 17.32 0 7.7 4 20
Architectural Coating 11.664 4 0 7.7 4 20
Hauling Trip
Length
Num Days
Week Num Days
Horse Power Load Factor
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
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AGENDA ITEM NO. 17.
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AGENDA ITEM NO. 17.
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AGENDA ITEM NO. 17.
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