Exhibit H
Environmental Assessment No. P22-02413
August 19, 2022
Note: EA Public Comment Letters and the Responses to
Comments are included in Appendices F and G
CITY OF FRESNO
MITIGATED NEGATIVE DECLARATION
FOR
GENERAL PLAN AMENDMENT/DEVELOPMENT CODE TEXT
AMENDMENT APPLICATION NO. P22-02413
STATE CLEARINGHOUSE NUMBER: 2022070081
City of Fresno
Planning and Development Department
2600 Fresno Street, 3rd Floor
Fresno, CA 93721
Prepared by:
Precision Civil Engineering, Inc.
1234 O Street
Fresno, CA 93721
RECIRCULATED AUGUST 2022
Minor Edits in response to 2nd DTSC Letter- September 2022
Attachments:
Notice of Intent to Adopt a Mitigated Negative Declaration (Section 3.2) Appendix G/Initial Study for a Mitigated Negative Declaration (Section 2, 3.1, 4) Project Specific Mitigation Monitoring Checklist dated June 2022 (Section 5) Response to Comments Received on June 2022 version of IS/MND (Appendix G)
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CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 2 Table of Contents
1 INTRODUCTION .......................................................................................................................... 9
1.1 Regulatory Information ....................................................................................................... 9
1.2 Purpose of the Initial Study ............................................................................................... 10
1.3 Document Format ............................................................................................................. 10
1.4 Pre-consultation Letters Received .................................................................................... 10 2 PROJECT DESCRIPTION ............................................................................................................. 12
2.1 Project Title ....................................................................................................................... 12
2.2 Lead Agency Name and Address ....................................................................................... 12
2.3 Contact Person and Phone Number ................................................................................. 12
2.4 Study Prepared By ............................................................................................................. 12
2.5 Project Location................................................................................................................. 12
2.6 Latitude and Longitude ..................................................................................................... 12
2.7 General Plan Designations ................................................................................................ 13
2.8 Zoning ................................................................................................................................ 14
2.9 Description of Project ....................................................................................................... 14
2.10 Environmental Setting ................................................................................................... 17
2.11 Required Project Approvals ........................................................................................... 22
2.12 Technical Studies ........................................................................................................... 22
2.13 Consultation with California Native American Tribes ................................................... 22 3 DETERMINATION ...................................................................................................................... 25
3.1 Environmental Factors Potentially Affected ..................................................................... 25
3.2 Determination ................................................................................................................... 26 4 EVALUATION OF ENVIRONMENTAL IMPACTS ......................................................................... 29
4.1 AESTHETICS ....................................................................................................................... 29
4.1.1 Environmental Setting ............................................................................................... 29
4.1.2 Impact Assessment .................................................................................................... 35
4.1.3 Mitigation Measures .................................................................................................. 37
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4.2 AGRICULTURE AND FORESTRY RESOURCES ...................................................................... 38
4.2.1 Environmental Setting ............................................................................................... 39
4.2.2 Impact Assessment .................................................................................................... 43
4.2.3 Mitigation Measures .................................................................................................. 45
4.3 AIR QUALITY ...................................................................................................................... 46
4.3.1 Environmental Setting ............................................................................................... 46
4.3.2 Impact Assessment .................................................................................................... 53
4.3.3 Mitigation Measures .................................................................................................. 58
4.4 BIOLOGICAL RESOURCES ................................................................................................... 59
4.4.1 Environmental Setting ............................................................................................... 60
4.4.2 Impact Assessment .................................................................................................... 67
4.4.3 Mitigation Measures .................................................................................................. 73
4.5 CULTURAL RESOURCES ..................................................................................................... 74
4.5.1 Environmental Setting ............................................................................................... 74
4.5.2 Impact Assessment .................................................................................................... 76
4.5.3 Mitigation Measures .................................................................................................. 79
4.6 ENERGY .............................................................................................................................. 80
4.6.1 Environmental Setting ............................................................................................... 80
4.6.2 Impact Assessment .................................................................................................... 82
4.6.3 Mitigation Measures .................................................................................................. 83
4.7 GEOLOGY AND SOILS ......................................................................................................... 84
4.7.1 Environmental Setting ............................................................................................... 85
4.7.2 Impact Assessment .................................................................................................... 87
4.7.3 Mitigation Measures .................................................................................................. 91
4.8 GREENHOUSE GAS EMISSIONS ......................................................................................... 92
4.8.1 Environmental Setting ............................................................................................... 92
4.8.2 Impact Assessment .................................................................................................... 96
4.8.3 Mitigation Measures ................................................................................................ 101
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4.9 HAZARDOUS AND HAZARDOUS MATERIAL .................................................................... 102
4.9.1 Environmental Setting ............................................................................................. 103
4.9.2 Impact Assessment .................................................................................................. 104
4.9.3 Mitigation Measures ................................................................................................ 112
4.10 HYDROLOGY AND WATER QUALITY ............................................................................ 113
4.10.1 Environmental Setting ............................................................................................. 114
4.10.2 Impact Assessment .................................................................................................. 117
4.10.3 Mitigation Measures ................................................................................................ 125
4.11 LAND USE PLANNING .................................................................................................. 126
4.11.1 Environmental Setting ............................................................................................. 126
4.11.2 Impact Assessment .................................................................................................. 126
4.11.3 Mitigation Measures ................................................................................................ 127
4.12 MINERAL RESOURCES .................................................................................................. 128
4.12.1 Environmental Setting ............................................................................................. 128
4.12.2 Impact Assessment .................................................................................................. 130
4.12.3 Mitigation Measures ................................................................................................ 130
4.13 NOISE ........................................................................................................................... 131
4.13.1 Environmental Setting ............................................................................................. 131
4.13.2 Impact Assessment .................................................................................................. 135
4.13.3 Mitigation Measures ................................................................................................ 140
4.14 POPULATION AND HOUSING ....................................................................................... 141
4.14.1 Environmental Setting ............................................................................................. 141
4.14.2 Impact Assessment .................................................................................................. 141
4.14.3 Mitigation Measures ................................................................................................ 142
4.15 PUBLIC SERVICES ......................................................................................................... 143
4.15.1 Environmental Setting ............................................................................................. 143
4.15.2 Impact Assessment .................................................................................................. 149
4.15.3 Mitigation Measures ................................................................................................ 151
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4.16 RECREATION ................................................................................................................ 152
4.16.1 Environmental Setting ............................................................................................. 152
4.16.2 Impact Assessment .................................................................................................. 156
4.16.3 Mitigation Measures ................................................................................................ 157
4.17 TRANSPORTATION ....................................................................................................... 158
4.17.1 Environmental Setting ............................................................................................. 158
4.17.2 Impact Assessment .................................................................................................. 159
4.17.3 Mitigation Measures ................................................................................................ 173
4.18 TRIBAL CULTURAL RESOURCES ................................................................................... 174
4.18.1 Environmental Setting ............................................................................................. 174
4.18.2 Impact Assessment .................................................................................................. 175
4.18.3 Mitigation Measures ................................................................................................ 176
4.19 UTILITIES AND SERVICE SYSTEMS ................................................................................ 177
4.19.1 Environmental Setting ............................................................................................. 178
4.19.2 Impact Assessment .................................................................................................. 186
4.19.3 Mitigation Measures ................................................................................................ 196
4.20 WILDFIRE ..................................................................................................................... 197
4.20.1 Environmental Setting ............................................................................................. 197
4.20.2 Impact Assessment .................................................................................................. 198
4.20.3 Mitigation Measures ................................................................................................ 199
4.21 MANDATORY FINDINGS OF SIGNIFICANCE ................................................................. 201
4.21.1 Impact Assessment .................................................................................................. 202 5 MITIGATION MONITORING AND REPORTING PROGRAM ..................................................... 203 6 REPORT PREPARATION ........................................................................................................... 204 7 Appendix A: Buildable Lands Inventory ................................................................................. 205 8 Appendix B:CalEEMod Output Files (Annual) ........................................................................ 206 9 Appendix C: IPaC and CNDDB Special Status Species List ..................................................... 207 10 Appendix D: City of Fresno Interdepartmental Routing ........................................................ 208
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CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 6 11 Appendix E: Environmental Noise Assessment ..................................................................... 209 12 Appendix F: Public Review Comment Letters ........................................................................ 210 13 Appendix G: Response to Comments .................................................................................... 211
Figures
Figure 2-1 City of Fresno Infill Areas ................................................................................................ 19 Figure 2-2 Project Regional Location ............................................................................................... 20 Figure 2-3 Zoning Map ..................................................................................................................... 21 Figure 4-1 San Joaquin River Parkway Vista Points ......................................................................... 32 Figure 4-2 Scenic Corridors .............................................................................................................. 33 Figure 4-3 California Important Farmland Map ............................................................................... 40 Figure 4-4 Williamson Act Contract Lands Map .............................................................................. 42 Figure 4-5 Wildlife Occurrences in and near the Project Area ........................................................ 62 Figure 4-6 Wetlands Map ................................................................................................................. 64 Figure 4-7 Surface Water Features .................................................................................................. 65 Figure 4-8 SJVAPCD’s GHG Thresholds of Significance .................................................................... 95 Figure 4-9 Hazardous Waste Sites ................................................................................................. 108 Figure 4-10 City of Fresno Water Service Areas ............................................................................ 116 Figure 4-11 Mineral Land Classification Map ................................................................................ 129 Figure 4-12 Neighborhood Amenities Gap .................................................................................... 154 Figure 4-13 Existing Conditions Needs Gradient Map ................................................................... 155 Figure 4-14 Traffic Impact Zones ................................................................................................... 164 Figure 4-15 Priority Areas for Development Incentives ................................................................ 165 Figure 4-16 VMT Analysis Process for Land Use Development Projects ....................................... 168 Figure 4-17 VMT per Capita ........................................................................................................... 170 Figure 4-18 VMT per Employee ..................................................................................................... 171 Figure 4-19 High Quality Transportation Corridor Map ................................................................ 172 Figure 4-20 High and Extreme Risk Pipelines ................................................................................ 180
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CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 7 Figure 4-21 Pipeline Improvement Key Map ................................................................................. 181 Figure 4-22 Pipeline Replacement – Annadale Avenue ................................................................ 182 Figure 4-23 Pipeline Replacement – Hughes Avenue ................................................................... 183 Figure 4-24 Pipeline Replacement – Highway 41 .......................................................................... 184 Figure 4-25 Proposed Collection System Capacity Improvements (2018 WWCS Master Plan) .. 194
Tables
Table 2-1 General Plan Amendment Changes ................................................................................. 15 Table 2-2 Summary of Density Increases ......................................................................................... 16 Table 2-3 Reasonable Density .......................................................................................................... 17 Table 2-4 2019 Land Use Acreages .................................................................................................. 17 Table 4-1 SJVAPCD Recommended Air Quality Thresholds of Significance2F ............................... 51 Table 4-2 Construction Emissions of Criteria Air Pollutants, Unmitigated ..................................... 54 Table 4-3 Operational Emissions of Criteria Air Pollutants, Unmitigated ....................................... 54 Table 4-4 Scoping Plan Reduction Measures Consistency Analysis ................................................ 98 Table 4-5 City of Fresno GHG Reduction Plan Consistency Analysis ............................................... 99 Table 4-6 Water Demand Factors by Land Use Classification ....................................................... 118 Table 4-7 Discussion on Land Use Policies in the General Plan .................................................... 127 Table 4-8 City of Fresno General Plan Noise Level Standards - Transportation (Non-Aircraft) Noise Sources ........................................................................................................................................... 132 Table 4-9 Non-Transportation Noise Level Standards, dBA – City of Fresno Municipal Code, Section 15-2506 .......................................................................................................................................... 134 Table 4-10 Assumed Minimum Ambient Noise Level, dBA - City of Fresno Municipal Code, Section 10-102(B) ........................................................................................................................................ 134 Table 4-11 Modeled Traffic Volumes – City of Fresno Mixed-Use Zoning Density Increase ........ 136 Table 4 -12 Traffic Noise Exposure Levels, dBA L dn – City of Fresno Mixed -Use Zoning Density Increase .......................................................................................................................................... 137 Table 4-13 Fire Facilities Fee Program ........................................................................................... 144 Table 4-14 Police Facilities Fee Program ....................................................................................... 146
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CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 8 Table 4-15 Park Facilities Fee Program........................................................................................ 148 Table 4-16 Park Facilities Fee Program........................................................................................ 152 Table 4-17 Water Demand Factors by Land Use Classification ................................................... 187 Table 4-18 Proposed Collection System Improvements List (2018 WWCS Master Plan) ............ 195 NOTE TO READER:
This Initial Study/MND was originally circulated from July 6, 2022, to August 4, 2022, and is being recirculated pursuant to CEQA Guideline s Section 15073.5 RECIRCULATION OF A NEGATIVE DECLARATION PRIOR TO ADOPTION. Per CEQA Guidelines Section 15073.5:
(a) A lead agency is required to recirculate a negative declaration when the document must be substantially revised after public notice of its availability has previously been given pursuant to Section 15072, but prior to its adoption. Notice of recirculat ion shall comply with Section 15072 and 15073.
(b) A “substantial revision” of the negative declaration shall mean:
(1) A new, avoidable significant effect is identified, and mitigation measures or project revisions must be added in order to reduce the effect of insignificance, or (2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required.
Since the Initial Study/MND was originally circulated, the lead agency identified new potential substantial evidence and information in the form of comment letters received during the initial public review period, leading to the further evaluation and clarification of information and impacts related to Air Quality, Hazards, Hydrology and Water Quality, and Utilities and Service Systems. As a result, these sections of the document w ere revised. It can be concluded that, based upon the new information and subsequent analysis , the Project’s impact s will continue to be less than significant with mitigation incorporated . Mitigation Measure AIR -2 has been revised and a new Hazards mitigation measure s (MM-HAZ-1 and MM -HAZ-2) ha ve been added. Revisions are indicated by red text within the document.
Minor changes to MM-HAZ-2 were made in September 2022 in response to a Department of Toxic Substance Control letter dated September 19, 2022. Recirculation is not required pursuant to CEQA Guidelines Section 15073.5 as this is not considered a “substantial revision” and the change is a replacement/edit of an existing mitigation measure and the change is “equal or more effective” than the current mitigation measure (15073.5-c-1).
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CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 9 1 INTRODUCTION
Precision Civil Engineering, Inc. (PCE) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of the City of Fresno (City) to address the environmental effects of the proposed Mixed Use Zoning Density Increase Text Amendment and Related General Plan Text Amendment (Project). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Fresno is the Lead Agency for this proposed Project. The proposed Project is described in detail in Section 2 PROJECT DESCRIPTION.
1.1 Regulatory Information
An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accorda nce with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq.), also known as the CEQA Guidelines, Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed Project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels. A mitigated negative declaration (MND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment. An MND is a written statement describing the reasons why a proposed Project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQ A Guidelines Section 15070, a ND or mitigated ND shall be prepared for a project subject to CEQA when either:
a. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed Project may have a significant effect on the environment, or b. The IS identified potentially significant effects, but:
1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed MND and IS is released for public review would avoid the effe cts or mitigate the effects to a point where clearly no significant effects would occur is prepared, and
2. There is no substantial evidence, in light of the whole record before the agency, that the proposed Project as revised may have a significant effect on the environment.
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1.2 Purpose of the Initial Study
The city of Fresno is the Lead Agency in regard to the proposed Project. No new development projects are proposed in this Initial Study . As subsequent projects requiring discretionary approvals are proposed in the future, those individual projects would be subject to project-specific review under CEQA. For those projects that will be considered ministerial projects as proposed under the text amendment, this document serves to clear those future projects as they will not require future environmental review. It is the City’s intent that this Initial Study can be tiered from, in compound to tiering from the General Plan PEIR (pursuant to Section 15168(c)(1) and 15168(d)), for evaluations of environmental issues associated with those later activities/subsequent projects.
The city of Fresno may use this envir onmental analysis for discretionary actions associated with projects developed in the Project area, or mixed-use zones.
1.3 Document Format
This IS/MND contains five chapters plus appendices SECTION 1 INTRODUCTION provides of the basis for the IS/MND’s regulatory information and an overview of the proposed Project. SECTION 2 PROJECT DESCRIPTION provides a detailed description of proposed Project components.
SECTION 3 DETERMINATION concludes that the Initial Study is a mitigated negative declaration, identifies the environmental factors potentially affected ba sed on the analyses contained in this IS, and concludes with the Lead Agency’s determination based upon those analyses. SECTION 4 EVALUATION OF ENVIRONMENTAL IMPACTS presents the CEQA checklist and environmental analyses for all impact areas and the mandatory findings of significance. A brief discussion of the reasons why the Project impact is anticipated to be potentially significant, less than significant with mitigation incorporated, less than significant, or why no impacts are expected is included.
SECTION
5 PEIR MITIGATION AND MOINTORING PROGRAM presents the mitigation measures from the PEIR and SECTION 6 PROJECT -SPECIFIC MITIGATION AND MONITORING PROGRAM presents the project-specific mitigation measures recommended in the IS/MND for the Project. The Buildable Lands Inventory, CalEEMod Output Files, IPaC and CNDDB Special Status Species List, City of Fresno Interdepartmental Routing, and Environmental Noise Assessment are provided as Appendix A , Appendix B, Appendix C, Appendix D, and Appendix E respectively, at the end of this document.
1.4 Pre-consultation Letters Received
Pre-consultation was conducted for the Project. Letters were received from the following:
• Consultation from California Department of Transportation on January 11, 2022. • Consultation from Fresno Metropolitan Flood Control District on December 29, 2021.
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CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 11 • Consultation from San Joaquin Valley Air Pollution Control District (SJVAPCD) on January 6, 2022.
• Consultation from Department of Public Utilities on December 17, 2021. • Consultation from Fresno Fire Department on December 20, 2021. • Consultation from Central Unified School District on January 10, 2022. • Consultation from Department of Transportation/ Fresno Area Express (FA X) on January 25, 2022.
Pre-consultation letters were also routed to Irrigation District, Public Works Engineering, Clovis School District, Fresno School District, and the Police Department. However, no comments were received from these departments within the response time frame. Pre-consultation correspondence is provided in Appendix D and co mments are incorporated throughout this document.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 12 2 PROJECT DESCRIPTION
2.1 Project Title
General Plan Amendment/Development Code Text Amendment Application No. P22-02413
2.2 Lead Agency Name and Address
City of Fresno
2600 Fresno Street
Fresno, CA 93721
2.3 Contact Person and Phone Number
Lead Agency
City of Fresno
Planning and Development Department
Attn: Sophia Pagoulatos
Planning Manager
(559) 621-8062
Applicant
City of Fresno
2600 Fresno Street
Fresno, CA 93721
2.4 Study Prepared By
Precision Civil Engineering
1234 O Street
Fresno, CA 93721
2.5 Project Location
Parcels within the jurisdiction of the City of Fresno contained within the five (5) zone districts that allow mixed -use development – Neighborhood Mixed -Use (NMX), Corridor/Center Mixed-Use (CMX), Regional Mixed-Use (RMX), Commercial-Main Street (CMS), and Commercial Regional (CR).
Figure 2-2 shows the Project sites’ location.
2.6 Latitude and Longitude
The centroid of the Project area is 36.76673162122419, -119.76698105478725.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 13
2.7 General Plan Designations
The Project Area includes five (5) land use designations within the city of Fresno that allow mixed- use development. These land use designations include Neighborhood Mixed Use, Corridor/Center Mixed Use , and Regional Mixed Use , Commercial - Main Street , and Commercial – Regional . As defined in the General Plan PEIR, mixed-use land designations are “based on commercial uses and require a residential component”, and different categories are defined as follows:
Neighborhood Mixed Use
Neighborhood Mixed Use designation provides local commercial development, expecting neighborhood retail on the ground floor and housing or offices on the upper level . Design and development standards limit automobile-oriented uses. Residential densities range between 12 and 16 units per acre with a minimum 50 percent residential uses. The maximum floor area ratio (FAR) is 1.5.
Corridor/Center Mixed Use
The Corridr/Center Mixed Use designation allows higher density than the N eighborhood Mixed Use designation located in key transportation corridors in the City. Primary uses of Corridor/Center Mixed Use accommodates retail on the ground floor and residential or offices. Supporting uses are personal and business services and public and institutional space. Residential densities range between 16 and 30 units per acre with a minimum 40 percent residential uses. The maximum FAR is 1.5.
Regional Mixed Use
Regional Mixed Use encourages the development of urban -scale buildings and retail establishments that serve a larger region. Medium -scale retai l, housing, office, civic and entertainment, and shopping malls, and “big-box” retail, are allowed. Supporting uses, including gas stations, hotels, and residential, are also allowed. Residential densities range between 30 and 45 units per acre with a minimum 30 percent residential uses. The maximum FAR is 2.0 Commercial - Main Street
Commercial – Main Street land uses allow a wide range of retail and service establishments to serve local and regional needs . Commercial – Main Street encourages a traditional urban character with active storefronts, outdoor seating, pedestrian -oriented design , and aims to preserve a small-scale, fine-grain character. This designation promotes primarily one to two story retail uses, with moderate office and minimal multi-family as supportive uses. The maximum FAR is 1.0.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 14 Commercial - Regional
Commercial – Regional is intended for the development of large- scale retail, office, civic, and entertainment uses, as well as supporting uses such as gas stations and hotels. Compared to Commercial – Main Street, structures are larger. However, design of these developments is pedestrian-oriented within the centers. The maximum FAR is 1.0.
2.8 Zoning
The Project site includes five (5) zone districts within the city of Fresno that allow mixed -use development. These districts are the Neighborhood Mixed -Use (NMX), Corridor/Center Mixed- Use (CMX), Regional Mixed-Use (RMX), Commercial Main Street (CMS), and Commercial Regional (CR) zone districts. Figure 2-3 shows the zoning of the subject site.
2.9 Description of Project
The City of Fresno (Applicant) proposes a General Plan Amendment/ Development Code Text Amendment Application No. P22-02413 to increase the zoning density for the five (5) zone districts within the city of Fresno that allow mixed -use development (Project) in order to facilitate economically feasible and high -quality development called for in the Fresno General Plan along transit corridors, and to address the need for housing. Such zone districts include the Neighborhood Mixed-Use (NMX), Corridor/Center Mixed-Use (CMX), Regional Mixed-Use (RMX), Commercial-Main Street (CMS), and Commercial Regional (CR) zone districts and planned land use designations, herein referenced as “mixed-use parcels” or “mixed-use districts.” Text Amendment
In particular, the proposed Project would: (1) remove the maximum density for mixed -use districts; (2) modify the restriction that prohibits ground floor res idential uses in mixed -use districts so that only corner properties along arterials with Bus Rapid Transit (BRT) stops will have mandated commercial uses; and (3) revise Fresno Municipal Code (FMC) Section 15-4907 to allow ministerial approval of multi-family residential uses in mixed-use districts within the City’s Priority Areas for Development (areas identified on Figure IM-1 in the Fresno General Plan). The proposed text amendment will not revise other property development standards contained in the FMC . In other words, all height, parking, landscaping, fencing and setback requirements will remain unchanged.
General Plan Amendment
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 15 The Project would remove the maximum residential density of the mixed -use districts in the General Plan, as listed in Table 2-1 to allow for general plan consistency.
Table 2-1 General Plan Amendment Changes
Land Use Designation General Plan Amendment
Neighborhood Mixed Use Minimum residential density: 12 units per acre Maximum residential density: 16 units per acre
Corridor/Center Mixed-Use Minimum residential density: 16 units per acre Maximum residential density: 30 units per acre
Regional Mixed Use Minimum residential density: 30 units per acre Maximum residential density: 45 units per acre
* Amendments are presented as strikethrough in the table Ministerial Approval of Future Projects
As mentioned above, the proposed text amendment will revise Fresno Municipal Code (FMC) Section 15-4907 to allow ministerial approval of multi-family residential uses in mixed-use districts within the City’s Priority Areas for Development (areas identified on Figure IM -1 in the Fresno General Plan) through the Zone Clearance process, with no additional environmental review required. Although no additional environmental review will be required, several standards, conditions and thresholds have been established under this environmental review that will be required of future ministerial projects. The City of Fresno, including the Department of Public Utilities and the Public Works Department, will have the ability to regulate future projects that have the potential to impact traffic circulation, water supply and sewer capacity, based on thresholds set by this document.
Environmental Analysis Assumptions
For the purpose of the environmental analysis, the consultant will analyze impacts from reasonably foreseeable development that would result from this text amendment. In order to do this, the consultant analyzed 10 parcels (2 within each district) and applied the applicable development standards of the corresponding zone district, with the exception of density, to create conceptual site plans. Based on this analysis, it was determined that the following densities are the actual maximums that would be possible based on the limitations of property development standards:
• CR: 80 dwelling units per acre
• CMS: 48 dwelling units per acre
• NMX: 64 dwelling units per acre
• CMX: 75 dwelling units per acre
• RMX: 90 dwelling units per acre
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 16 Based on a Buildable Lands Inventory prepared by the consultant (see Appendix A ), there are approximately 791 acres of mixed -use zoned property that has the potential to be developed in the next few decades. These 791 acres consist of land that is considered vacant and underutilized and includes parcels that have an existing land use of ‘vacant’, ‘parking’, or ‘open space/ag’ per City of Fresno Existing Land layer, and sites with parking lots over five (5)- acres along the City’s two (2) identified BRT corridors. Based on this acreage and the maximum densities identified above, the total maximum buildout of residential units that could result from this text amendment would be 60,880 units, as compared to the current 20,434-unit capacity on those sites (see Table 2-2). This quantity of dwelling units is unlikely to be constructed within the General Plan horizon of 2035, however a maximum buildout approach is taken to provide CEQA streamlining for housing and mixed-use projects anywhere within the corridors.
It should be noted that studies 1 have found that the upzoning of property to allow for additional residential units has not historically been found to increase overall housing units or population .
Thus, although the above numbers were utilized to assume potential growth within the mixed-use areas, it should be noted that the project will not result in overall population growth but will instead result in the redistribution of housing units to more infill areas by allowing increases in density and a streamlined approval process in these areas.
Table 2-2 Summary of Density Increases
Zone Districts Acres Allowed Density Maximum Possible Density DU/AC Units DU/AC Units
CMS 10 16 165 48 495
CMX 320 30 9,590 75 23,975
CR 248 16 3,966 80 19,830
NMX 99 16 1,577 64 6,308
RMX 114 45 5,136 90 10,272
TOTAL 791 - 20,434 - 60,880
Note: The numbers are rounded to the nearest whole number.
In order to analyze physical development more accurately, the “Reasonable Dwelling Unit per Acre (du/ac) and Floor Area Ratio (FAR) by Land Use” calculation sheet previously utilized by the City for anticipating build-out of the General Plan was used to estimate the expected development in the Project area. This calculation sheet extracts a density between the minimum and maximum allowed in the density range (du/ac or FAR) t hat projects a reasonable intensity of future development. For instance, the NMX zone allows 12 to 16 du/ac and the calculation sheet utilizes 14 du/ac to calculate future development in the General Plan, EIR, and updated PEIR, which totals
1 Upzoning Chicago: Impacts of a Zoning Reform on Property Values and Housing Construction, Yonah Freemark
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 17 to 12,734 units at buildout in the mixed -use districts. Using the same percentage of max density development, the Project estimates a total of34 ,496 units at buildout in the mixed -use districts.
Tiering off of the General Plan PEIR, only the difference between the baseline (current allowed, 12,734 units) and proposed Project (34,496 units) is analyzed, which is 21,762 units. Thus, quantitative analysis in the initial study utilizes the additional 21,762 units developed by 2056 as its primary assumption of the proposed text amendment.
Table 2-3 Reasonable Density
Zone
Districts
General Plan Buildout Calculation Project Buildout Calculation Allowed
du/ac % * Reasonable
du/ac Units Max Possible
Density % * Reasonable
du/ac Units
CMS 16 0.50 8 80 48 0.50 24 240
CMX 30 0.67 20 6,400 75 0.67 50 16,000
CR 16 0.25 4 992 80 0.25 20 4,960
NMX 16 0.88 14 1,386 64 0.88 56 5,544
RMX 45 0.76 34 3,876 90 0.76 68 7,752
TOTAL -
-
-
12,734 -
-
- 34,496
* The percentage is calculated by dividing the reasonable density by the allowed density. This percentage is used to calculate the reasonable density for the Project Buildout Calculation. reasonable buildout density = maximum allowed density * %
2.10 Environmental Setting
The city of Fresno has approximately 106,027 acres of land area as of the existing 2019 baseline acreage identified in the General Plan PEIR . The city is predominately comprised of developed urban land. Planned land uses within the city include residential, commercial, industrial, mixed use, public facilities, open space, etc. Table 2-4 shows the acreage of these land uses as of 2019.
Table 2-4 2019 Land Use Acreages
Land Use Designation Existing Acreage in 2019
Residential* 46,459
Commercial 6,665
Industrial 9,303
Mixed Use 3,863
Public Facilities 17,519
Open Space 2,342
Other** 19,876
Total 106,027
Source: City of Fresno Planning and Development Department (2019), General Plan Draft PEIR (2021) * The residential designation includes all designations that allow residential units except for Mixed use.
The Neighborhoods designation in the Downtown Area primarily allows residences.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 18 ** This category includes roads canals, railroads, etc. and the buffer area designated in Southeast Development Area.
According to the 2020 Decennial Census, the city of Fresno’s population is 542,107. The population projection of the General Plan under full buildout within the General Plan Planning Area is 970,000 persons by year 2056. However, based on the updated projections discussed in the General Plan PEIR, the city estimates a population of 921,057 by year 2056 under full buil dout within the Planning Area. This uses a one-year growth increment of approximately 1.03 percent growth.
Regional Housing Needs Allocation (RHNA)
California General Plan Law requires that all cities accommodate a fair share of regional housing need to ensure a fair distribution of new housing construction among communities and a mix a housing types for all income level. Consequently, the city of Fresno’s current Housing Element, year 2015 through 2023 cycle, allocates a total of 23,565 units. In addition, pursuant to AB 1233, unaccommodated 2008 lower income RHNA obligation that are rolled over includes 6,476 units.
As such, the city of Fresno is allocated a total of 30,041 housing units.
The General Plan estimates 195,429 housing units in the Planning Area in 2015 and projected 336,000 housing units at full buildout. According to the PEIR, the annual housing unit growth rate is 1.519 percent. The PEIR also estimates an occupancy rate of 92 percent of the total housing units, resulting in a projected 322,990 occupied housing in 2056 . According to the 2015 -2023 Housing Element, the household size of the city increased from 2.99 persons per unit in 2000 to
3.07 persons per unit in 2010. The city expects the household size to remain the same, 3.07 persons, in 2020.
All land within the city limits includes the infill areas identified in the PEIR (see Figure 2-1). The
Project area, or m ixed-use zone districts , are pre dominantly located in the BRT corridors and Downtown infill areas. The General Plan emphasizes the City’s interest in supporting infill development. Roughly half of all new growth will be infill development.
Fresno General Plan
The text amendment supports multiple goals of the 2014 Fresno General Plan:
Goal 7. Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city.
Goal 8. Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive,
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 19 and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance.
Goal 10. Emphasize increased land use intensity and mixed- use development at densities supportive of greater use of transit in Fresno.
Figure 2-1 City of Fresno Infill Areas
Source: Fresno General Plan (2014)
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 20
Figure 2-2 Project Regional Location
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 21
Figure 2-3 Zoning Map
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 22
2.11 Required Project Approvals
Other approvals not listed below may be required as identified through the entitlement process.
In addition, other agencies may have the authority to issue permits prior to implementation of the Project as listed below.
• Text Amendment
• General Plan Amendment
2.12 Technical Studies
The analysis of the Project throughout this Initial Study relied in part on the technical studies listed below prepared for the Project, as well as other sources, including, but not limited to, Fresno General Plan Program Environmental Impact Report (PEIR) SCH No. 2019050005 prepared for the City of Fresno General Plan and Development Code Update in 2020. • Appendix A: Buildable Lands Inventory
• Appendix B: CalEEMod Results Summary
• Appendix C: CNDDB Special Status Species List
• Appendix D: City of Fresno Interdepartmental Routing
• Appendix E: Environmental Noise Assessment
2.13 Consultation with California Native American Tribes The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the California Environmental Quality Act (CEQA) Guidelines. Pursuant to PRC Section 2 1080.3.1, et seq . (codification of AB 52) the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes. Tribes in California currently have nearly 100 separate reservations or Rancherias. Fresno County has a number of Rancherias such as Table Mountain Rancheria, Millerton Rancheria, Big Sandy Rancheria, Cold Springs Rancheria, and Squaw Valley Rancheria. These Rancherias are not located within the city limits.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 23 Assembly Bill 52
Assembly Bill 52 (AB 52) requires consultation with California Native American tribes during the CEQA process to determine potential effects of proposed projects on a tribal cultural resource.
Pursuant to Public Resources Code (PRC) Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a) (1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes. Tribes in California currently have nearly 100 separate reservations or Rancherias.
Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental rev iew, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provi sions specific to confidentiality.
Senate Bill 18
Senate Bill 18 (SB 18) requires consultation with California Native American Tribes prior to the adoption or amendment of a general plan or specific plan. SB 18 went into effect January 1, 2005, and the process is summarized below:
• Prior to the adoption or any amendment of a general plan or specific plan, a local government must notify the appropriate tribes (on the contact list maintained by the NAHC) of the opportunity to conduct consultations for the purp ose of preserving, or mitigating impacts to, cultural places located on land within the local government’s jurisdiction that is affected by the proposed plan adoption or amendment. Tribes have 90 days from the date on which they receive notification to req uest consultation, unless a shorter timeframe has been agreed to by the tribe (Government Code Section 65352.3).
• Prior to the adoption or substantial amendment of a general plan or specific plan, a local government must refer the proposed action to those tribes that are on the Native
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 24 American Heritage Commission (NAHC) contact list and have traditional lands located within the city or county’s jurisdiction. The referral must allow a 45 -day comment period (Government Code Section 65352). Notice must be sent regardless of whether prior consultation has taken place. Such notice does not initiate a new consultation process.
• Local government must send a notice of a public hearing, at least 10 days prior to the hearing, to tribes who have filed a written request for such notice (Government Code Section 65092).
Tribal Consultation
In compliance with AB 52, as part of the preparation of this Initial Study and Mitigated Negative Declaration, the City of Fresno sent tribal consultation letters by certified mail to the Table Mountain Rancheria Tribe and the Dumna Wo Wah Tribe on January 27, 2022. Tribes have up to 30 days to request consultation. No requests for consultation were requested during that time.
Letters were sent pursuant to SB 18 on April 14, 2022 , with no responses received to date. The city received a letter dated May 19, 2022 from Table Mountain Rancheria declining participation and no responses were received from Dumna Wo Wah Tribe SB 18 consultation ends ended on July 13, 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 25 3 DETERMINATION
3.1 Environmental Factors Potentially Affected
As indicated by the discussions of existing and baseline conditions, and impact analyses that follow in this Chapter, environmental factors not checked below would have no impacts or less than significant impacts resulting from the project. Environmental factors that are chec ked below would have potentially significant impacts resulting from the project . Mitigation measures are recommended for each of the potentially significant impacts that would reduce the impact to less than significant.
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal and Cultural Resources
Utilities and Service Systems
Wildfire
The analyses of environmental impacts in SECTION 4 EVALUATION OF ENVIRONMENTAL IMPACTS result in an impact statement, which shall have the following meanings.
Potentially Significant Impact. This category is applicable if there is substantial evidence that an effect may be significant, and no feasible mitigation measures can be identified to reduce impacts to a less than significant level. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
Less than Significant with Mitigation Incorporated. This category applies where the incorporation of mitigation measures would reduce an effect from a “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measure(s), and briefly explain how they would reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross-referenced).
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 26 Less Than Significant Impact. This category is identified when the proposed Project would result in impacts below the threshold of significance, and no mitigation measures are required.
No Impact. This cat egory applies when a project would not create an impact in the specific environmental issue area. “No Impact” answers do not require a detailed explanation if they are adequately supported by the information sources cited by the lead agency, which show tha t the impact does not apply to the specific project (e.g., the project falls outside a fault rupture zone).
A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expo se sensitive receptors to pollutants, based on a project-specific screening analysis).
3.2 Determination
The environmental analysis contained in the Initial Study and Mitigated Negative Declaration is tiered from Program Environmental Impact Report (EIR) SC H No. 2019050005 prepared for the Fresno General Plan and Development Code Update (PEIR). A copy of the P EIR may be reviewed in the City of Fresno, Planning and Development Department as noted above (See Lead Agency).
The Project has been determined to be a subsequent project that is not fully within the scope of PEIR SCH No. 2019050005 prepared for the Fresno General Plan.
Pursuant to Public Resources Code Section 21094 and California Environmental Quality Act (CEQA) Guidelines Section 15168(d), this Project has been evaluated with respect to each item on the attached environmental checklist to determine whether this project may cause any additional significant effect on the environment which was not previously examined in the PEIR.
This completed environmental impact checklist form and its associated narrative reflect applicable comments of responsible and trustee agencies and research and analysis conducted to examine the interrelationship between the proposed project and the p hysical environment. The information contained in the Project application and its related environmental assessment application, responses to requests for comment, checklist, initial study narrative, and any attachments thereto, combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the CEQA.
All new development activity and many non -physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this Project toward cumulative impacts is not considered substantial or significant in itself, and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures.
Based upon the evaluation guided by the environmental checklist form, it was determined that
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 27 there are no foreseeable substantial impacts from the Project that are additional to those identified in the Fresno General Plan PEIR, after the incorporation of project- specific mitigation measures in the Mitigation Monitoring and Reporting Program. The completed environmental checklist for m indicates whether an impact is potentially significant, less than significant with mitigation, less than significant, or no impact.
For some categories of potential impacts, the checklist may indicate that a specific adverse environmental effect has been identified which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the P roject or may be related to the design and characteristics of the individual project. Effects so rated are not sufficient in themselves to require the preparation of an EIR and have been mitigated to the extent feasible. With the Project-specific mitigation imposed, there is no substantial evidence in the record that this Project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the Fresno General Plan PEIR. Both the PEIR Mitigation Monitoring and Reporting Program and the Project-specific Mitigation Monitoring and Reporting Program will be imposed on this Project.
The Initial Study has concluded that the Project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the CEQA Guidelines. The finding is, therefore, made that the Project will not have a significant adverse effect on the environment.
On the basis of this initial evaluation (to be completed by the Lead Agency):
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 28 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.
A
pproved By:
Sophia Pagoulatos, Planning Manager Date
City of Fresno, Planning and Development Department
August 19, 2022
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 29 4 EVALUATION OF ENVIRONMENTAL IMPACTS
4.1 AESTHETICS
Except as provided in Public
Resources Code Section 21099,
would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect
on a scenic vista? X
b) Substantially damage scenic
resources, including, but not
limited to, trees, rock out-
croppings, and historic buildings
within a state scenic highway?
X
c) In non -urbanized areas,
substantially degrade the
existing visual character or
quality public views of the site
and its surroundings? (Public
views are those that are
experienced from publicly
accessible vantage point). If the
project is in an urbanized area,
would the project conflict with
applicable zoning and other
regulations governing scenic
quality?
X
d) Create a new source of
substantial light or glare which
would adversely affect day or
nighttime views in the area?
X
4.1.1 Environmental Setting
The Project area, within city of Fresno, is located within Fresno County in the central San Joaquin Valley, California. The Project area and potential impacts are limited to CR, CMS, NMX, CMX, and RMX zone districts, as described in Section 2 PROJECT DESCRIPTION. Visual features in the city of Fresno are predominately urbanized land uses.
Three (3) elevated highways, State Route (SR) 180, 99, and 41, enclose Downtown Fresno and residential areas north of Downtown. Downtown Fresno , the city’s center, contains high -rise
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 30 buildings and a diverse land use, including offices, restaurants, entertainments, and housing. The most common building types are mixed -use buildings, theaters, civic/institutional buildings, and industrial warehouses. Many structures provide historical design elements and contribute to the historical scene.2 There are no mixed-use districts in Downtown Fresno.
Areas outside Downtown Fresno mainly consists of low -rise, residential uses. Other uses include retail, office, churches, schools, parks, and other public facilities . NMX, CMS, and CMX zones are located along the corridors in area s closer to Downtown . These zones facilitated the current characteristics of low-rise, small-scaled, and pedestrian-oriented neighborhood buildings. CR and RMX zones, which allows urban-scale retail that serves the larger region, are located further from the city’s center. Densities are lower further from the city center.
Uses along major thoroughfares, such as Herndon Avenue, Shaw Avenue, Ventura Avenue/Kings Canyon Road, Blackstone Avenue, and Clovis Avenue, are primarily low -rise commercial, residential, and industrial. These areas along these corridors are primarily CR, NMX, CMX, RMX districts. The Project area and its surrounding areas are highly urbanized, thus visual characteristics include significant sources of light and glare, including streetlights, parking lot lightings, and interior lights from buildings and public facilities.
California Scenic Highway Program
The California Scenic Highway Program was established in 1963 with the purpose to protect and enhance the natural scenic beauty of California highways and adjacent corridors, through special conservation treatment. A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler's enjoyment of the view. There are no officially designated State Scenic Highways in the city of Fresno, inclusive of the Project area. 0F
3 Fresno General Plan
The Fresno General Plan does not identify or designate scenic vistas within the City or Sphere of Influence. However, it identifies vista points along the San Joaquin River bluff (see Figure 4-1) and
2 City of Fresno. (2014). City of Fresno General Plan. Accessed on January 18, 2022, https://www.fresno.gov/darm/wp- content/uploads/sites/10/2019/07/ConsolidatedGP6182020.pdf 3 Caltrans. California State Scenic Highway System Map. Accessed on January 18, 2022 , https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 31 scenic corridors (see Figure 4 -2) along major street networks. Policies related to these scenic resources are listed below.
Policy POSS-70f River Bluffs. Preserve the river bluffs as a unique geological feature in the San Joaquin Valley by maintaining and enforcing the requirements of the "BP" Bluff Preservation Overlay Zone District, maintaining the bluff area setback for buildings, structures, decks, pools and spas (which may be above or below grade), fencing, and steps, and maintaining designated vista points.
OBJECTIVE MT-3 Identify, promote and preserve scenic or aesthetically unique corridors by application of appropriate policies and regulations.
Policy MT-3-a Scenic Corridors. Implement measures to preserve and enhance scenic qualities along scenic corridors or boulevards, including:
o Van Ness Boulevard - Weldon to Shaw Avenues
o Van Ness Extension - Shaw Avenue to the San Joaquin River Bluff o Kearney Boulevard - Fresno Street to Polk Avenue
o Van Ness/Fulton couplet - Weldon Avenue to Divisadero o Butler Avenue - Peach to Fowler Avenues
o Minnewawa Avenue - Belmont Avenue to Central Canal
o Huntington Boulevard - First Street to Cedar Avenue
o Shepherd Avenue - Friant Road to Willow Avenue
o Audubon Drive - Blackstone to Herndon Avenues
o Friant Road - Audubon to Millerton Roads
o Tulare Avenue - Sunnyside to Armstrong Avenues
o Ashlan Avenue- Palm to Maroa Avenues
Policy MT-3-b Preserve street trees lining designated scenic corridors or boulevards.
Replace trees of the predominant type and in a comparable pattern to existing plantings if there is no detriment to public safety.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 32
Figure 4-1 San Joaquin River Parkway Vista Points
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 33
Figure 4-2 Scenic Corridors
Source: Fresno General Plan (2014)
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 34 Fresno Municipal Code
The Fresno Municipal Code Section 15 includes several standards that regulates the aesthetics of development, such as building height, setbacks, landscaping, frontage, etc . Some sections specifically relate to light and glare, such as:
15-1505 (b) (4) Reflective Materials. Reflective materials, such as polished metal cladding or chrome, are allowed only if:
a. The material is applied to small areas such as to highlight signage. b. It can be demonstrated that the material will not result in an incompatible adjacency or cause a nuisance to pedestrians, vehicles, and neighboring buildings. 15-2015 Outdoor Lighting and Illumination. This section apply standards to on-site lighting of residential and non-residential sites.
15-2420 Parking Area Light ing. Parking areas designed to accommodate four or more vehicles shall be provided with light over the parking surface as follows:
A. Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.
B. Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights -of- way, consistent with Article 25, Performance Standards. Such parking lot illumination shall be no less than 0.5 foot-candles.
C. Carport lighting shall be integrated into carport structures, and there shall have no bare light bulbs.
15-2508 Lighting and Glare. (B) Lighting. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky -reflected glare from floodlights shall not be dir ected into any other property or street. Except for public street lights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one - half foot-candle.
15-2610 Standards for Specific Sign Types. This section regulates the number, height, landscaping, setback, illumination, lighting, etc., of different types of signs, for example:
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 35 (A) Awning and Canopy Signs. (4) Illumination. Internal illumin ation of awnings is prohibited.
(B) Pole Signs. (8) Lighting. Lighting systems shall not exceed 100 foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal foot candles. When adjacent to streets with a greater average light intensity, systems shall not exceed 500 FT-L.
(C) Monument Signs. (6) Lighting. Lighting systems shall not exceed 100 foot Lamberts (FT- L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal foot candles. When adjacent to streets with a greater average light intensity, systems shall not exceed 500 FT-L.
4.1.2 Impact Assessment
a) Have a substantial adverse effect on a scenic vista? Less than Significant Impact. Development of the proposed Project area could affect scenic corridors or scenic vistas by blocking views of these features. Scenic corridors are views along transportation corridors, such as the State Scenic Highway or scenic corridors identified in the General Plan. These views could be short- or long-range. Scenic vistas are usually long-range views of a particular feature, such as mountain ranges.
The Fresno General Plan and does not identify or designate scenic vistas within the City or Sphere of Influence. However, “Vista Points” are identified by the General Plan along the San Joaquin River bluffs, which is approximately one (1 ) mile from the nearest Project site within the Project Area .
These river bluffs are not visible from the Project site due to the generally flat topography of Fresno city.
While there are no scenic vistas identified in the General Plan, scenic features in the city include developed features such as historic buildings and green open spaces . The Project area is almost entirely developed and characterized by urban and suburban landscape consisting of low, medium, and high density residential, commercial, office, an d mixed uses . Mixed use districts impacted by the proposed density increases are along main corridors and major throughfares, which already have limited public view due to highly developed, dense low- rise buildings. In addition, there are no Scenic Highways in the city of Fresno , inclusive of the Project Area . Scenic corridors adjacent to the Project Area would be subject to compliance with General Plan policies to prevent significant impacts. As a result , potential impacts of the proposed P roject on scenic vistas would be less than significant.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 36 b) Substantially damage scenic resources, including, but not limited to, trees, rock out - croppings, and historic buildings within a state scenic highway? No Impact. According to the California State Scenic Highway Program, the Project is not located within a state-designated scenic highway. As such, the proposed Project would not damage scenic resources, including trees, rock out-croppings, and historic buildings within a state scenic highway and no impact would occur as a result of the Project.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than Significant Impact. The proposed P roject facilitate s future d evelopment to increase densities of mixed-use zone districts within the city limits. The Project area is in an urbanized area in the city of Fresno. The Project does not conflict with objectives and policies in the General Plan related to urban form and urban design because development standards of visual characteristics, such as height, setbacks, landscaping, parking requirements, remain the same, and future development projects in the Project area are subject to comply with such standards. For instance, individual development projects increasing densities under the text amendment will not exceed existing height limits, thus no impacts will result in aesthetics regarding the building form.
Through the entitlement review process, the future development resulting from the Project will be subject to compliance with applicable zoning and other regulations governing scenic quality including but not limited to the California Building Code, Fresno General Plan, and Fresno Municipal Code (FMC). As such, the development under the proposed text amendment would not substantially alternate the existing visual character of the site and its surroundings. As a result, the Project would have a less than significant impact.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant with Mitigation Incorporated. Generally, lighting impacts are associated with artificial lighting in evening hours either through interior lighting from windows or exterior lighting (e.g., street lighting, parking lot lighting, landscape lighting, cars, and trucks). Development of the Project area would incrementally increase the amount of light from streetlights, exterior lighting, and vehicular headlights. Such sources could create adverse effects on day or nighttime views in the area. However, considering the Project Area’s environment, the new light sources already exist and would be a miniscule increase compared to the existing urban character.
Project construction would also introduce light and glare resulting from construction activities that could adversely affect day or nighttim e views. Although construction activities are anticipated to
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 37 occur primarily during daylight hours, it is possible that some activities could occur during dusk or early evening hours (Section 10-109 of the FMC permits construction work to take place between 7:00 am and 10:00 pm on any day except Sunday, for work that is accomplished pursuant to a building permit). Construction during these time periods could result in light and glare from construction vehicles or equipment. However, construction would occur primarily during daylight hours and would be temporary in nature. Once construction is completed, any light and glare from these activities would cease to occur.
The Project would be required to comply with the General Plan and Fresno Municipal Code, which contain specific, enforceable requirements and/or restrictions intended to prevent light and glare impacts. Compliance with Title 24 lighting requirements would also reduce impacts related to nighttime light. The Title 24 requirements cover outdoor spaces including regulations for mounted luminaires (i.e., high efficacy, motion sensor controlled, time clocks, energy management control systems, etc.).
Further, Mitigation Measures AES-4.1 and AES-4.5 identified in Fresno General Plan PEIR remain applicable to the Project and would mitigate new sources of light or glare that could adversely affect day or nighttime views. These measures will be incorporated in this IS/MND as Mitigation Measure AES-1 and Mitigation Measure AES-2.
Mitigation Measure AES-1: Lighting for Street and Parking Areas. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. ( General Plan PEIR Mitigation Measures AES-4.1)
Mitigation Measure AES-2: Use of Non -Reflective Materials. Materials used on building facades shall be non
-r
eflective. (General Plan PEIR Mitigation Measures AES-4.5) As such, conditions imposed on the Project by the City pursuant to Title 24, FMC , and Mitigation Measures AES-1 and AES-2 would reduce light and glare impacts to a less than significant impact.
4.1.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the aesthetic related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Program dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 38
4.2 AGRICULTURE AND FORESTRY RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of
Statewide Importance (Farm -
land), as shown on the maps
prepared pursuant to the
Farmland Mapping and Monito -
ring Program of the California
Resources Agency, to non -
agricultural use?
X
b) Conflict with existing zoning for
agricultural use, or a Williamson
Act contract?
X
c) Conflict with existing zoning for,
or cause rezoning of, forest land
(as defined in Public Resources
Code section 12220(g)),
timberland (as defined by Public
Resources Code section 4526),
or timberland zoned Timberland
Production (as defined by
Government Code section
51104(g))?
X
d) Result in the loss of forest land or
conversion of forest land to non-
forest use?
X
e) Involve other changes in the
existing environment which, due
to their location or nature, could
result in conversion of Farmland,
to non-
agricultural use or
conversion of forest land to non-
forest use?
X
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 39
4.2.1 Environmental Setting
The Project Area is located within the boundaries of the city of Fresno. The Project includes sites that are zoned and planned for mixed-uses. As such, the Project Area is planned for urbanized uses. The Project Area does not contain any agricultural or forestry resources such as agricultural land, forest land, or timberland.
Farmland Mapping and Monitoring Program
The California Department of Conservation manages the Farmland Mapping and Monitoring Program (FMMP) that provides maps and data for analyzing land use impacts to farmland. The FMMP produces the Important Farmland Finder as a resource map that shows quality (soils) and land use information. Agricultural land is rated according to soil quality and irrigation status, in addition to many other physical and chemical characteristics. The highest quality land is called “Prime Farmland.” Maps are updated every two years.
According to the Farmland Monitoring and Mapping Program, California Important Farmland most recent map (created May 10, 2016; updated September 29, 2021), mixed-use district parcels are mostly categorized as “ Urban and Built -Up Land.” A small portion of parcels within the Project Area (mainly on the southwest and northwest side of the City) are categorized as “Farmland of Local Importance” and “Farmland of Statewide Importance”. 4 These areas can be shown on Figure
4-3. Farmland of Local Importance is defined as “Land of importance to the local agricultural economy as determined by each county's board of supervisors and a local advisory committee. ”5 Farmland of Statewide Importance is defined as “ Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.”
6 Figure 4-3 shows the California Important Farmland map of the Project area.
4 Farmland Mapping and Monitoring Program, Division of Land Resource Protection, California Department of Conservation. (created May 10, 2016; updated September 29, 2021). California Important Farmland: Most Recent.
Downloaded from
https://gis.conservation.ca.gov/server/rest/services/DLRP/CaliforniaImportantFarmland_mostrecent/MapServer 5 California Department of Conservation. “Important Farmland Categories.” Accessed on January 18, 2022, https://www.conservation.ca.gov/dlrp/fmmp/Pages/Important-Farmland-Categories.aspx 6 California Department of Conservation. “Important Farmland Categories.” Accessed on January 18, 2022, https://www.conservation.ca.gov/dlrp/fmmp/Pages/Important-Farmland-Categories.aspx
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 40
Figure 4-3 California Important Farmland Map
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 41 Williamson Act
The California Land Conservation Act of 1965 (i.e., the Williamson Act) allows local governments to enter contracts with private landowners to restric t parcels of land agricultural or open space uses. In return, property tax assessments of the restricted parcels are lower than full market value.
The minimum length of a Williamson Act contract is 10 years and automatically renews upon its anniversary date; as such, the contract length is essentially indefinite.
Figure 4-4 shows Williamson
Act parcels , as of 2019, in bright green color. No site within th e Project Area is subject to a Williamson Act Contract.
Fresno General Plan
The Fresno General Plan Resource Conservation and Resilience Element identified policies related to agricultural preservation:
Objective RC-9. Preserve agricultural land outside of the area planned for urbanization under this General Plan.
Policy RC-9-c: Farmland Preservation Program. In coordination with regional partners or independently, establish a Farmland Preservation Program. When Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is converted to urban uses outside City limits, this program would require that the developer of such a project mitigate the loss of such farmland consistent with the requirements of CEQA. The F armland Preservation Program shall provide several mitigation options that may include, but are not limited to the following: Restrictive Covenants or Deeds, In Lieu Fees, Mitigation Banks, Fee Title Acquisition, Conservation Easements, Land Use Regulations, or any other mitigation method that is in compliance with the requirements of CEQA. The Farmland Preservation Program may be modeled after some of all of the programs described by the California Council of Land Trusts.
However, these objectives and policies regarding farmland preservation in the Fresno General Plan do not apply to the proposed Project since they are targeted at preserving agricultural land outside the City limits. No parcels within the Project Area are outside City limits.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 42
Figure 4-4 Williamson Act Contract Lands Map
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 43 Fresno General Plan Update Program Environmental Impact Report The conversion of agricultural land to non -agricultural uses was discussed in the Fresno General Plan Update Program Environmental Impact Report (PEIR). The PEIR acknowledged that farmland conversion would occur, and that the General Plan (GP) calls for a farmland preservation program, but that the program currently doesn't exist. In order to address this, the PEIR mitigation specifically states that until a program is adopted , farmland conversion must be mitigated on a project-by-project basis consistent with the requirements of CEQA. This PEIR also recognizes that despite implementation of the objectives and policies of the General Plan, project and cumulative impacts on agricultural resources will remain significant. To certify the PEIR, the City adopted Findings of Fact related to Significant and Unavoidable Impacts as well as Statements of Overriding Considerations
7 pursuant of Section 15093 of the California Environmental Quality Act, which requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project.
The adopted Statements of Overriding Considerations for the P EIR addressed Findings of Significant and Unavoidable Impacts within the categories/areas of Agricultural Resources. The findings cite specific economic, legal, social, technological, or other considerations which were deemed and considered by the City Council to be benefits, which outweighed the unavoidable adverse environmental effects attributed to development occurring within the City’s Sphere of Influence (SOI), consistent with the land uses, densities, and intensities set forth in the Fresno General Plan. Consequently, the City of Fresno issued a Statement of Overriding Considerations for this significant and unavoidable impact, demonstrating that the environmental impacts are “acceptable” due to the project benefits and considerations.
4.2.2 Impact Assessment
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farm land Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Less than Significant Impact. According to the FMMP, only six (6) parcels, totaling approximately
26.7 acres, of the mixed -use parcels are categorized as “ Farmland of Statewide Importance.” These parcels are located within the Sphere of Influence and City limits, in the southern part of
7 City of Fresno. (2021). Fresno General Plan Program Environmental Impact Report, Appendix F: Findings of Fact and Statement of Overriding Considerations. Accessed on January 18, 2022, file:///C:/Users/stu/Downloads/F%20- %20Findings%20of%20Fact%20and%20Statement%20of%20Overriding%20Considerations%20(3).pdf
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 44 the city, on the northwest corner of East Jensen Avenue and Martin Luther King Jr Boulevard .
While the Project would result in the conversion of agricultural lands to non-agricultural uses, this conversion was evaluated under the Fresno General Plan Update PEIR and subsequent Statements of Overriding Considerations and Findings of Significant and Unavoidable Impacts. In addition, entitlements are processed, and a Mitigated Negative Declaration was adopted for the development of these sites. 8 There are no parcels within the project area that are designated for Prime Farmland or Unique Farmland. Thus, because there is no property within the Project Area that is designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (other than the 6 parcels that have already been environmentally cleared for development), the proposed project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. As such, the development of the Project sites would have a less than significant impact as it relates to Prime Farmland. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No Impact. The Project area is not planned or zon ed for agricultural uses and is not under Williamson Act Contract. Thus, the Project would have no impact. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
No Impact. The Project area does not contain forest land or timberland and it is not planned or zoned for forestry or timberland uses. As a result, the Project would have no impact. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. The Project area does not contain forest land and it is not planned or zoned for forestry use. As a result, the Project would have no impact.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
Less than Significant impact. The project site is in an area planned for urbanized, non-agricultural uses within the city limits of Fresno. Additionally, the site is not zoned or designated for forestry
8 Addendum to Environmental Assessment No. A-17-007/R-17-010/TPM17-06/ANX-17-005. Accessed June 27, 2022, https://fresno.legistar.com/View.ashx?M=F&ID=8057293&GUID=3F4A6DC3-2967-4D60-BE3A-03554C1C068B
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 45 uses, nor is it planned for forestry uses . The Project does not involve actions that could cause substantial indirect conversion of farmland or forest land to non-agricultural use or non-forest use since the Project site is not located adjacent to planned farmland or forest land. As a result, the project would have a less than significant impact.
4.2.3 Mitigation Measures
None Required.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 46
4.3 AIR QUALITY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct
implementation of the applicable
air quality plan (e.g., by having
potential emissions of regulated
criterion pollutants which exceed
the San Joaquin Valley Air Pollution
Control Districts (SJVAPCD)
adopted thresholds for these
pollutants)?
X
b) Result in a cumulatively
considerable net increase of any
criteria pollutant for which the
project region is non -attainment
under an applicable federal or
state ambient air quality standard?
X
c) Expose sensitive receptors to
substantial pollutant
concentrations?
X
d) Result in other emissions (such as
those leading to odors) adversely
affecting a substantial number of
people?
X
4.3.1 Environmental Setting
The Project is located within the San Joaquin Valley Air Basin (SJVAB). The San Joaquin Valley Air Pollution Control District (SJVAPCD) regulates air quality in eight (8) counties including: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The San Joaquin Valley Air Pollution Control District (SJVAPCD) oversees the San Joaquin Valley Air Basin.
Impacts on air quality result from emissions generated during short-term activities (construction) and long -term activities (operations). Construction -related emissions consist mainly of exhaust emissions (NOx and PM) from construction equipment and other mobile sources, and fugitive dust (PM) emissions from earth moving activities. Operational emissions are source specific and consist of permitted equipment and activities and non-permitted equipment and activities.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 47 Air pollution in the SJVAB can be attributed to both human -related (anthropogenic) and natural (non-anthropogenic) activities that produce emissions. Air pollution from significant anthropogenic activities in the SJVAB includes a variety of industrial -based sources as well as on - and off-road mobile sources. Four main sources of air pollutant emissions in the SJVAB are motor vehicles, industrial plants, agricultural activities, and c onstruction activities. All four of the major pollutant sources affect ambient air quality throughout the Air Basin. These sources, coupled with geographical and meteorological conditions unique to the area, stimulate the formation of unhealthy air. Air pollutants can remain in the atmosphere for long periods and can build to unhealthful levels when stagnant conditions that are common in the San Joaquin Valley occur.
Pollutants are transported downwind from urban areas with many emission sources which are also recirculated back to the urban areas.
Further, the SJVAB is in non -attainment for ozone, PM
10, and PM 2.5, which means that certain
pollutants' exposure levels are often higher than the normal air quality requirements. The air quality standards have b een set to protect public health, particularly the health of vulnerable people. Therefore, if the concentration of those contaminants exceeds the norm, some susceptible individuals in the population are likely to experience health effects. Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects.
San Joaquin Valley Air Pollution Control District
The SJVAPCD is the agency primarily responsible for ensuring that NAAQS and CAAQS are not exceeded and that air quality conditions are maintained in the SJVAB, within which the Project is located. Responsibilities of the SJVAPCD include, but are not limited to, preparing plans for the attainment of ambient air quality standards, adopting and enforcing rules and regulations concerning sources of air pollution, issuing permits for stationary sources of air pollution, inspecting stationary sources of air pollution and responding to citizen complaints, monitorin g ambient air quality and meteorological conditions, and implementing programs and regulations required by the FCAA and the CCAA.
The SJVAPCD rules and regulations that may apply to projects that will occur during buildout of the project include but are not limited to the following:
Rule 2010 – Permits Required. The purpose of this rule is to require any person constructing, altering, replacing or operating any source operation which emits, may emit, or may reduce emissions to obtain an Authority to Construct or a Permit to Operate. This rule also explains the posting requirements for a Permit to Operate and the illegality of a person willfully altering, defacing, forging, counterfeiting or falsifying any Permit to Operate.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 48 Rule 2201 – New and Modified Stationary Source Review Rule. The purpose of this rule is to provide for the following:
The review of new and modified Stationary Sources of air pollution and to provide mechanisms including emission trade-offs by which Authorities to Construct such sources may be granted, without interfering with the attainment or maintenance of Ambient Air Quality Standards; and No net increase in emissions above specified thresholds from new and modified Stationary Sources of all nonattainment pollutants and their precursors.
Rule 4001 – New Source Performance Standards. This rule incorporates the New Source Performance Standards from Part 60, Chapter 1, Title 40, Code of Federal Regulations (CFR).
Rule 4002 – National Emission Standards for Hazardous Air Pollutants. This rule incorporates the National Emission Standards for Hazardous Air Pollutants from Part 61, Chapter I, Subchapter C, Title 40, Code of Federal Regulations (CFR) and the National Emission Standards for Hazardous Air Pollutants for Source C ategories from Part 63, Chapter I, Subchapter C, Title 40, Code of Federal Regulations (CFR).
Rule 4102 – Nuisance. The purpose of this rule is to protect the health and safety of the public and applies to any source operation that emits or may emit air contaminants or other materials.
Rule 4601 – Architectural Coatings. The purpose of this rule is to limit VOC emissions from architectural coatings. This rule specifies architectural coatings storage, cleanup, and labeling requirements.
Rule 4641 – Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations. The purpose of this rule is to limit VOC emissions from asphalt paving and maintenance operations.
This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations.
Regulation VIII – Fugitive PM10 Prohibitions. The purpose of Regulation VIII (Fugitive PM10 Prohibitions) is to reduce ambient concentrations of fine particulate matter (PM10) by requiring actions to prevent, reduce or mitigate anthropogenic fugitive dust emissions.
Rule 9510 – Indirect Source Review. The purposes of this rule are to:
1. Fulfill the District’s emission reduction commitments in the PM10 and Ozone Attainment Plans.
2. Achieve emission reductions from the construction and use of development projects through design features and on-site measures.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 49
3. Provide a mechanism for reducing emissions from the construction of and use of development projects through off-site measures.
Fresno General Plan
In regard to local measures and thresholds for air quality impacts, t he Fresno General Resource and Conservation Element outlines goals, objectives, and policies for addressing air quality. A sample of applicable goals and policies are as follows:
Objective RC-4: In cooperation with other jurisdictions and agencies in the San Joaquin Valley Air Basin, take necessary actions to achieve and maintain compliance with State and federal air quality standards for criteria pollutants.
Policy RC‐4‐a: Support Regional Efforts. Support and lead, where appropriate, regional, State and federal programs and actions for the improvement of air quality, especially the SJVAPCD’s efforts to monitor and control air pollutants from both stationary and mobile sources and implement Reasonably Available Control Measures in the Ozone Attainment Plan.
Policy RC‐4‐b: Conditions of Approval. Develop and incorporate air quality maintenance requirements, compatible with Air Quality Attainment and Maintenance Plans, as conditions of approval for General Plan amendments, community plans, Specific Plans, neighborhood plans, Concept Plans, and development proposals.
Policy RC ‐4‐c: Evaluate Impacts with Models. Continue to require the use of computer models used by SJVAPCD to evaluate the air quality impacts of plans and projects that require such environmental review by the City.
Pre-Consultation
Pre-consultation was received from the SJVAPCD on January 6, 2022. Feedback included:
• Project Siting. Appropriate project siting helps ensure there is adequate distance between conflicting land uses, to prevent or reduce both localized and cumulative air pollution impacts from residential areas that are in close proximity to commercial and industrial land uses. The District recommends the City evaluate the siting of the future residential dwelling unit’s development in comparison to heavy -duty truck routing patterns to help limit emission exposure to residential commun ities and sensitive receptors. Truck routing patterns involve the path/roads heavy-duty trucks take to and from their destination.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 50 • South Central Fresno Community Emission Reduction Programs (CERP). Such emission reduction strategies include, but are not limited to, enhanced community participation in land use processes, the deployment of zero and near -zero emission Heavy-heavy Duty (HHD ) trucks, HHD truck rerouting analyses, reducing HHD truck idling, and incorporating vegetative barriers and urban greening. The District appreciates the City’s involvement in this program and encourages the City to further assess the emission reductions measures and strategies included in the CERP and address them in future development projects as appropriate.
• Individual Development Projects. Various recommended measures for individual development projects related to: (1) construction related emissions, (2) Health Risk Assessment (HRA), (3) Ambient Air Quality Analysis (AAQA), (4) Voluntary Emissions Reduction Agreement (VERA), (5) technical assessment/VERA for projects determined to have a significant impact, (6) vegetative barriers and urban greening, (7) solar deployment, (8) electric vehicle (EV) chargers, (9) district rules and regulations.
Threshold of Significance
To assist local jurisdictions in the evaluation of air quality impacts, the SJVAPCD has published the Guide for Assessing and Mitigating Air Quality Impacts (QAMAQI). This guidance document includes recommended thresholds of significance to be used for the evaluation of short- term construction, long- term operational, odor, toxic air contaminant, and cumulative air quality impacts. Accordingly, the SJVAPCD -recommended thresholds of significance are used to determine whether implementation of the proposed Project would result in a significant air quality impact. Projects that exceed these recommended thresholds would be considered to have a potentially significant impact to human health and welfare. The thresholds of significance are summarized, as follows:
(1) Criteria Air Pollutants: SJVAPCD adopted thresholds of significance for criteria air pollutants, as shown in Table 4 -1. The thresholds of significance are based on a calendar year basis. For construction emissions, the annual emissions are evaluated on a rolling 12 -month period. The following summarizes these thresholds:
Short-Term Emissions of Particulate Matter (PM10): Construction impacts associated with the proposed Project would be considered significant if the feasible control measures for construction in compliance with Regulation VIII as listed in the SJVAPCD guidelines are not incorporated or implemented, or if project-generated emissions would exceed 15 tons per year (TPY).
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 51 Short-Term Emissions of Ozone Precursors (ROG and NOX): Construction impacts associated with the proposed Project would be considered significant if the project generates emissions of Reactive Organic Gases (ROG) or NOX that exceeds 10 TPY.
Long-Term Emissions of Particulate Matter (PM10): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of PM10 that exceed 15 TPY.
Long-Term Emissions of Ozone Precursors (ROG and NOX): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of ROG or NOX that exceeds 10 TPY.
Table 4-1 SJVAPCD Recommended Air Quality Thresholds of Significance2F 9 Pollutant
Significance Threshold
Construction Emissions
(tons/year)
Operational Emission
(tons/year)
CO 100 100
NOX 10 10
ROG 10 10
SOX 27 27
PM10 15 15
PM2.5 15 15
(2) Conflict with or Obstruct Implementation of Applicable Air Quality Plan: Due to the region’s nonattainment status for ozone, PM 2.5, and PM10, if the Project-generated emissions of either of the ozone precursor pollutants (i.e., ROG and NO x) or PM 10 would exceed the SJVAPCD’s significance thresholds, then the P roject would be considered to conflict with the attainment plans. In addition, if the Project would result in a change in land use and corresponding increases in vehicle miles traveled, the Project may result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans. (3) Local Mobile -Source CO Concentrations: Local mobile source impacts associated with the proposed Project would be considered significant if the project contributes to CO concentrations at receptor locations in excess of the CAAQS (i.e., 9.0 ppm for 8 hours or 20 ppm for 1 hour).
9 SJVAPCD. (2015). Guidance for Assessing and Mitigating Air Quality Impacts. Accessed on February 2 , 202 2, https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 52 (4) Toxic Air Contaminants: Exposure to toxic air contaminants (TAC) would be considered significant if the probability of contracting cancer for the Maximally Exposed Individual (i.e., maximum individual risk) would exceed 10 in 1 million or would result in a Hazard Index greater than one (1).
As recommended by the SJVAPCD, the latest approved California Air Pollution Control Officer’s Association (CAPCOA) methodology was utilized as the TAC screening methodology. According to the CAPCOA Guidance Document titled “Health Risk Assessments for Proposed Land Use Projects,” there are two (2) types of land use project that have the potential to cause long-term public health risk impacts. These project types are as follows:
• Type A: Land use projects with toxic emissions that impact receptors, and • Type B: Land use project that will place receptors in the vicinity of existing toxics sources.
In this Guidance document, Type A projects examples are (project impacts receptors):
• combustion related power plants,
• gasoline dispensing facilities,
• asphalt batch plants,
• warehouse distribution centers,
• quarry operations, and
• other stationary sources that emit toxic substances.
(5) Odor: The intensity of an odor source’s operations and its proximity to sensitive receptors influences the potential significance of odor emissions. Specific land uses that are considered sources of undesirable odors include landfills , transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. The SJVAPCD has identified these common types of facilities that have been known to produce odors in the San Joaquin Valley Air Basin and has prepared screening levels for potential odor sources ranging from one (1) to two (2) miles of distance from the odor -producing facility to sensitive receptors. Odor impacts associated with the proposed Project would be considered si gnificant if the project has the potential to frequently expose members of the public to objectionable odors. (6) Ambient Air Quality: The SJVAPCD applies the following guidance in determining whether an ambient air quality analysis should be performed: w hen assessing the significance of project- related impacts on air quality, it should be noted that the impacts may be significant when on-site emission increases from construction activities or operational activities exceed the 100 pounds per day screening level of any criteria pollutant after implementation of all enforceable mitigation measures. Under such circumstance, the SJVAPCD recommends that an ambient air quality analysis be performed.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 53 Methodology
CalEEMod is a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions from land use projects. The model quantifies direct emissions from construction and operation (including vehicle use), as well as indirect emissions, such as emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. The model also identifies mitigation measures to reduce criteria pollutant and GHG emissions. (1) CalEEMod Assumptions: The Project itself would not result in direct physical changes to the existing environment. Although no specific development is currently proposed, short- term construction and long- term operational G HG emissions for the Project were estimated using CalEEModTM (v.2020.4.0) (See Appendix B for output files) with the following assumptions:
• Future multi-family residential development on vacant or underutilized parcels within the Project site as identified by the City of Fresno’s GIS Data (i.e., “Existing Land Use” of “Vacant”, “Underutilized”, “open space/agriculture). • Development of reasonable percentage of the maximum possible density (see Section
2.9 Description of Project), assuming 800 square feet per unit. • Tiering off the General Plan PEIR, an additional 21,762 units compared to currently allowed units to be developed by 2056.
• Since assuming full b uilt-out at 2056, divide the additional 21,762 units by 34 years (2022 through 2056) , resulting in an average of 641 additional units to be built each year, which is the number of units considered in the CalEEMod run. • Cumulatively, it is assumed that the units /population would increase in mixed -use areas and decrease in other areas so that there would still be the same amount of growth citywide through 2056. Overall, long -term population projections are not expected to change based on the proposed text amendment.
4.3.2 Impact Assessment
a) Would the project conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)?
Less than Significant Impact with Mitigation Incorporated.
Project Impacts
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 54 CalEEMod was used to determine the potential criterion pollutants for future d evelopment projects resulting from implementation of the Project (See CalEEMod Assumptions above). Table 4-2 and Table 4-3 below show the potential construction and operational criteria pollutants (tons per year) based on the assumed future development in relation to the GAMAQI thresholds. As shown, the estimated pollutants of the assumed future development are below all significant thresholds and can therefore be determined to be consistent with the GAMAQI. CalEEMod Output Files are presented in Appendix B.
Table 4-2 Construction Emissions of Criteria Air Pollutants, Unmitigated Emissions Source (Tons Per Year) CO NOx ROG PM10 PM2.5
Maximum Emissions 3.7279 2.3931 4.8596 0.6357 0.2352 Significant Threshold 100 10 10 15 15
Exceed Threshold? No No No No No
Source: CalEEMod, Version 2020.4.0, ran on April 5, 2022
Table 4-3 Operational Emissions of Criteria Air Pollutants, Unmitigated Emissions Source (Tons Per Year) CO NOx ROG PM10 PM2.5
Area 4.8406 0.2945 2.6538 0.0485 0.0458
Energy 0.1481 0.3480 0.0407 0.0281 0.0281
Mobile 9.9995 1.6994 0.8861 3.6066 0.9737
Waste - - - 0.0000 0.0000
Water - - - 0.0000 0.0000
Total Operational Emissions 14.9881 2.3418 3.5807 3.6805 1.0476 Significant Threshold 100 10 10 15 15
Exceed Threshold? No No No No No
Source: CalEEMod, Version 2020.4.0, ran on April 5, 2022 In terms of cumulative impacts, the Project does not expect a net increase in new dwellings that exceed that previously analyzed in the General Plan Update PEIR citywide. As mentioned above, it is assumed that the units/population would increase in mixed -use areas and decrease in other areas so that there would still be the same amount of growth citywide through 2056. Overall, long- term population projections are not expected to change based on the proposed text amendment.
A statement of overriding considerations for Air Quality impacts has been established for the impacts of increas ed housing developments throughout the planning year, 2056 in the General Plan PEIR, which this project tiers from pursuant to Section 15168 (c)(1) and 15168(d)(2) of CEQA Guidelines.
Future Ministerial Projects
Future Discretionary projects within the Project Area will be subject to PEIR mitigation measures, identified as Mitigation Measure AIR-2 and Mitigation Measures AIR-3 below, and will be routed to the SJVAPCD for comment and subject to additional project s pecific Air Quality analysis. For those projects that will be considered ministerial as a result of the proposed project, Mitigation
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 55 Measures AIR-1 shall be implemented as project conditions, as requested by the SJVAPCD.
Mitigation Measure AIR-3 will also be required of both ministerial and discretionary projects.
Mitigation Measure AIR -1: Future development projects that quali fy for ministerial approval and exceed 225 residential units ( the SJVAPCD’s Small Project Analysis Levels (SPAL) threshold exemption for Mid Rise Apar tments) or current SPAL thresholds , must prepare a technical assessment in consultation with the District . If the project exceeds significance thresholds, a VERA or on-site design/project changes are required to bring the project under thresholds.
Mitigation Measure AIR-2: Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project construction phase -related air quality impacts. The evaluation shall be prepared in conformance with SJVAPCD methodology for assessing construction impacts. If construction related air pollutants are determined to have the potential to exceed the SJVAPCD adopted threshold of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures into construction plans to reduce air pollutant emissions during construction activities. The identified measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce construction emissions include but are not limited to:
• Install temporary construction power supply meters on site and use these to provide power to electric power tools whenever feasible. If temporary electric power is available on site, forbid the use of portable gasoline- or diesel -fueled electric generators.
• Use of diesel oxidation catalysts and/or catalyzed diesel particulate traps on diesel equipment, as feasible.
• Maintain equipment according to manufacturers’ specifications. • Restrict idling of equipment and trucks to a maximum of 5 minutes (per California Air Resources Board [CARB] regulation).
• Phase grading operations to reduce disturbed areas and times of exposure. • Avoid excavation and grading during wet weather.
• Limit on-site construction routes and stabilize construction entrance(s). • Remove existing vegetation only when absolutely necessary. • Sweep up spilled dry materials (e.g., cement, mortar, or dirt track -out) immediately.
Never attempt to wash them away with water. Use only minimal water for dust control. • Store stockpiled materials and wastes under a temporary roof or secured plastic sheeting or tarp. (General Plan PEIR Mitigation Measures AIR-2.1)
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 56 Mitigation Measure AIR -3: Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project operation-related air quality impacts. The evaluation shall be prepared in conformance with SJVAPCD methodology in assessing air quality impacts. If operation- related air pollutants are determined to have the potential to exceed the SJVAPCD -adopted thresholds of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures to reduce air poll utant emissions during operational activities. The identified measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce long- term emissions include but are not limited to:
• For site -specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plugging in the anticipated number of refrigerated trailers to reduce idling time and emissions.
• Applicants for manufacturing and light industrial uses shall consider energy storage (i.e., battery) and combined heat and power (CHP, also known as cogeneration) in appropriate applications to optimize renewable energy generation systems and avoid peak energy use.
• Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with CARB Rule 2845 (13 Regulations [CCR] Cha pter 10, Section 2485).
• Require that 240-volt electrical outlets or Level 3 chargers be installed in parking lots that would enable charging of neighborhood electric vehicles (NEVs) and/or battery powered vehicles.
• Maximize use of solar energy including so lar panels; installing the maximum possible number of solar energy arrays on building roofs throughout the city to generate solar energy.
• Maximize the planting of trees in landscaping and parking lots. • Use light-colored paving and roofing materials.
• Require use of electric or alternatively fueled street-sweepers with HEPA filters. • Require use of electric lawn mowers and leaf blowers. • Utilize only Energy Star heating, cooling, and lighting devices, and appliances. • Use of water -based or low volatile organic c ompound (VOC) cleaning products. (General Plan PEIR Mitigation Measures AIR-2.2)
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 57 As such, the Project would have a less than significant impact since it does not exceed the cumulative impacts that is analyzed in the General Plan PEIR. b) Result in a cumulativ ely 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. As discussed above (See Environmental Setting), the SJVAB is in non- attainment for ozone, PM 10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements. Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects. Although the Project could result in an additional 21,000 units (approximately) over time, th e density changes will not increase the anticipated population growth in the city. Thus, the proposed text amendment will merely result in the redistribution of units and population in the City and will allow for that growth to happen in infill areas rather than on the urban fringe. By redirecting growth to the infill areas where there i s more access to multi- modal transportation such as bike and pedestrian facilities and public transportation , the cumulative impacts to air quality will be reduced compared to growth under existing conditions.
Therefore, the Project would not result in si gnificant cumulative health impacts because the emissions are not at a level that would be considered cumulatively significant. As such, the Project would have a less than significant impact.
c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Sensitive receptors are defined as people that have an increased sensitivity to air pollution or environmental contaminants. Sensitive receptor locations include schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling unit(s). A wide variety of sensitive receptors are in proximity to the Project Area, including residential dwellings, parks, schools, etc. With regard to analyzing the exposure of sensitive receptors to substantial pollutant concentrations, CEQA case law had concluded that agencies subject to CEQA generally are not required to analyze the impact of existing environmental conditions on a project’s future users or residents except in specific instances where such conditions could be exacerbated due to implementation of the project (California Building Industry Association v Bay Area Air Quality Management District (S213478, December 17, 2015).
Because the proposed Project would apply to zone districts that are intended to facilitate pedestrian-oriented, mixed -use developments that include residences, office, and commercial spaces, a wide variety of sensitive receptors are in proximity to the Project Area. The proposed Project would remove the residential density limit on parcels within these zone districts. Changes in the underlying land use or zoning designations of these parcels would not result from implementation of the Project. Therefore, the Project would not introduce new, incompatible, or
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 58 unpermitted uses that would otherwise exacerbate air pollution or environmental contaminants and negatively impact nearby sensitive receptors.
It is acknowledged that much of the existing Project Area is in the vicinity of major roadways and freeways. Current regulatory action by CARB, Governor Newsom’s Zero -Emission by 2035 Executive Order (N-79-20), and other near zero emissions initiatives will result in reduction of the amount of mobile source emissions and particulates. As newer, less polluting vehicles replace on- road diesel trucks an d high carbon emission vehicles, traffic growth along the roadways and freeways would be expected to be offset to some degree as to not exacerbate air pollution or environmental contaminants for nearby sensitive receptors.
In addition to this, as stated under criterion a) above, emissions during construction or operations of individual projects would not reach the significance thresholds and are not anticipated to result in concentrations that reach or surpass ambient air quality requirements. This, combined with implementation of MM AIR -2, which will reduce TACs from diesel powered construction equipment, will ensure impacts to sensitive receptors will be less than significant.
In addition, implementation of the proposed Project would facilitate future residential development, which is not a use which results in excessive pollutant concentrations which could impact sensitive receptors. Therefore, the Project would have a less than significant impact on nearby sensitive receptors.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than Significant Impact. Specific land uses that are considered sources of undesirable odors include landfills, transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. The Project would not consist of such land uses; rather, i mplementation of the proposed Project would facilitate future residential development, and thus is unlikely to produce odors that would be considered to adversely affect a substantial number of people. Further, there are no major odor -generating sources within the Project Area. Although some odors may be emitted during construction of the site (i.e., through diesel fuel and exhaust from equipment), these odors would be temporary and last only during construction activities. For these reasons, any odor impacts associated with the Project would be less than significant.
4.3.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the air quality related mitigation measures as identified in the attached Mitigation Monitoring and R eporting Checklist dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 59
4.4 BIOLOGICAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive,
or special status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect
on any riparian habitat or other
sensitive natural community
identified in local or regional plans,
policies, regulations or by the
California Department of Fish and
Game or US Fish and Wildlife
Service?
X
c) Have a substantial adverse effect
on state or federally protected
wetlands (including, but not
limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
X
d) Interfere substantially with the
movement of any native resident
or migratory fish or wildlife species
or with established native resident
or migratory wildlife corridors, or
impede the use of native wildlife
nursery sites?
X
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree
preservation policy or ordinance?
X
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 60 f) Conflict with provisions of an
adopted Habitat Conservation
Plan, Natural Community
Conservation Plan, or other
approved local, regional, or state
habitat conservation plan.
X
4.4.1 Environmental Setting
The Project Area consists of land that is 80% developed. Generally, the Project Area is surrounded by developed urbanized land uses and most sites within the Project Area ha ve been highly disturbed.
U.S. Fish and Wildlife – Special-Status Species Database The U.S. Fish and Wildlife Service (USFWS) operates an “Information for Planning and Consultation” (IPaC) database, which is a project planning tool for the environmental review process that provides general information on the location of special -status species that are “known” or “expected” to occur ( note: the database does not provide occurrences; refer to the California Department of Fish and Wildlife – Natural Diversity Database below).10 Specifically, the database identifies 40 endangered species , 13 critical habitats, and 27 migratory birds that are potentially affected in Fresno County.11 The database identified 16 endangered species, no critical habitats, and 16 migratory birds in Fresno City. See Appendix C for the detailed list of the endangered species and migratory birds in the city.
U.S. Fish and Wildlife – Critical Habitat Report
Once a species is listed under the federal Endangered Species Act, NOAA Fisheries is required to determine whether there are areas that meet the definition of Critical Habitat. Per NOAA Fisheries, Critical Habitat is defined as:
• Specific areas within the geographical area occupied by the species at the time of listing that contain physical or biological features essential to conservation of the species and that may require special management considerations or protection; and
10 U.S. Fish and Wildlife Service. Information and Planning Consultation Online System. Accessed on December 28 , 2021, https://ecos.fws.gov/ipac/
11 U.S. fish and Wildlife Service. Information and Planning Consultation Online System. Accessed on December 2, 2021, https://ecos.fws.gov/ipac/
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 61 • Specific areas outside the geographical area occupied by the species if the agency determines that the area itself is essential for conservation.8F12 The process of Critical Habitat designation is complex and involves the consideration of scientific data, public and peer review, economic, national security, and other relevant impacts.
According to the Critical Habitat for Threatened & Endangered Species Report updated December 10, 2021, the Project Area and its immediate vicinity (0.5-mile radius from the site) are not located within a federally designated Critical Habitat.9F
13 The closest federally designated Critical Habitat is located approximately 3.1 miles north of the Project site for Hairy Orcutt grass (Orcuttia Pilosa) and 4.2 miles north of the Project site for San Joaquin Orcutt grass (Orcuttia inaequalis).
California Department of Fish and Wildlife – Natural Diversity Database The California Department of Fish and Wildlife ( CDFW) operates the California Natural Diversity Database (CNDDB), which is an inventory of the status and locations of special -status plants and animals in California in addition to the reported occurrences of such species. 14 According to the CDFW CNDDB Rarefind database, there are 38 special-status species that have been observed and reported to the CDFW in or near the city of Fresno (i.e., Herndon, Kearney Park, Fresno North, Fresno South, Clovis, and Malaga Quads as designated by the United States Geological Survey (USGS). 15 Figure 4-5 shows the CNDDB-identified occurrences of the animal and plant species in these quads. A total of 64 occurrences were observed and recorded as of January 19, 2022. See Appendix C for the detailed list of the special -status species, their characteristics, and general habitat.
12 NOAA Fisheries. Critical Habitat. Accessed on December 28, 2021, https://www.fisheries.noaa.gov/national/endangered-species-conservation/critical-habitat#key-regulations 13 U.S. Fish & Wildlife. (2021). ECOS Environmental Conservation Online System - USFWS Threatened & Endangered Species Active Critical Habitat Report (updated December 10, 2021). Accessed on January 19, 2022, https://ecos.fws.gov/ecp/report/table/critical-habitat.html 14 California Department of Fish and Wildlife. California Natural Diversity Database. Accessed on February 14, 2022, https://wildlife.ca.gov/Data/CNDDB
15 California Department of Fish and Wildlife. Rarefind. Accessed on January 19, 2022, https://apps.wildlife.ca.gov/bios/?tool=cnddbQuick
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 62
Figure 4-5 Wildlife Occurrences in and near the Project Area
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 63 U.S. Fish & Wildlife – National Wetlands Inventory
The USFWS provides a National Wetlands Inventory (NWI) with detailed information on the abundance, characteristics, and distribution of U.S. wetlands. A search of the NWI shows no federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc.) on the Project Area or within the immediate vicinity (0.5-mile radius) of the Project Area. 10F
16 The NWI does
identify 21 man-made wetland habitats (mostly canals), in the Project Area and one (1) riverine habitat, which is currently developed as Fashion Fair Mall on Shaw Avenue. The NWI also did not identify any riparian areas within or in the immediate vicinity of the Project Area. Figure 4-6 shows the wetlands in the Project Area.
Environmental Protection Agency – WATERS Geoviewer
The U.S. Environmental Protection Agency (EPA) WATERS GeoViewer provides a GeoPlatform based web mapping application of water features by location. According to the WATERS GeoViewer there are several surface water features (i.e., waterbodies, pipelines, canals, streams, coastlines, catchments, hydrologic units) on or in immediate vicinity of the Project site (see Figure
4-7).11F
17 Fresno General Plan
The Fresno General Plan Planning Area contains 11 vegetation communities, two (2) special-status natural communities, and 29 special -status species (including 12 plant species and 17 wildlife species). The General Plan identified objectives and policies regarding the preservation and conservation of wildlife species that would be applicable to the Project:
OBJECTIVE POSS -5 Provide for long -term preservation, enhancement, and enjoyment of plant, wildlife, and aquatic habitat.
Policy POSS-5-a Habitat Area Acquisition. Support federal, State, and local programs to acquire significant habitat areas for permanent protection and/or conjunctive educational and recreational use.
16 U.S. Fish & Wildlife Service. National Wetlands Inventory. Accessed January 19 , 2022 , https://www.fws.gov/wetlands/data/Mapper.html
17 Environmental Protection Agency. WATERS GeoViewer. Accessed on January 19, 2022, https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=ada349b90c26496ea52aab66a092593b
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 64
Figure 4-6 Wetlands Map
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 65
Figure 4-7 Surface Water Features
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 66 Policy POSS-5-b Habitat Conservation Plans. Participate in cooperative, multijurisdictional approaches for area- wide habitat conservation plans to preserve and protec t rare, threatened, and endangered species.
Policy POSS-5-c Buffers for Natural Areas. Require development projects, where appropriate and warranted, to incorporate natural features (such as ponds, hedgerows, and wooded strips) to serve as buffers for adjacent natural areas with high ecological value.
Policy POSS-5-d Guidelines for Habitat Conservation. Establish guidelines for habitat conservation and mitigation programs, including:
• Protocols for the evaluation of a site's environmental setting and proposed design and operating parameters of proposed mitigation measures.
• Methodology for the analysis depiction of land to be acquired or set aside for mitigation activities.
• Parameters for specification of the types and sources of plant material used for any re- vegetation, irrigation requirements, and post-planting maintenance and other operational measures to ensure successful mitigation.
• Monitoring at an appropriate frequency by qualified personnel and reporting of data collected to permitting agencies.
Policy POSS-5-e Pursue development of conjunctive habitat and recreational trail use s in flood control and drainage projects.
Policy POSS-5-f Regional Mitigation and Habitat Restoration. Coordinate habitat restoration programs with responsible agencies to take advantage of opportunities for a coordinated regional mitigation program.
OBJECTIVE POSS-6 Maintain and restore, where feasible, the ecological values of the San Joaquin River corridor.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 67
4.4.2 Impact Assessment
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
Less than Significant with Mitigation Incorporated. The Project Area is in an urbanized are that is planned for urbanized uses consistent with the mixed -use land use and zoning designations.
Approximately 82% of parcels in the Project Area are developed with existing structures and improvements and are surr ounded by improvements included curb, gutter, sidewalks, and streetlights. The remaining parcels are predominately vacant and undeveloped but are highly disturbed due to periodic discing and/or grading for fire prevention. Topography of the Project Area is relatively flat.
The Project’s impact on biological resources will be similar to that analyzed in the General Plan PEIR since the Project’s development in the future will be in areas that are designated as mixed - use land use in the General Plan. Though the Project allows a higher intensity, the location of planned development will not change. Since urbanization impact on biological resources are evaluated mostly by the location where development will happen, the Project would not cause a substantial impact in addition to that analyzed in the PEIR.
According to the U.S. Fish and Wildlife Service, there are 16 endangered species , 16 migrated birds, and no critical habitats in the City of Fresno. In addition, the CDFW CNDDB indicates 38 special-status species occurrences that have been observed and reported to the CDFW in or near the city of Fresno. None of these critical habitats are located in the Project Area.
While there is no evidence that such species may exist in the Project Area, there is some possibility for these species to occur. Fresno General Plan Policy POSS -5-a through POSS-5-f partially mitigates for impacts to special-status species.
To further assure future development that results from Project implementation does not result in significant impacts to special- status species, f uture discretionary development projects shall be subject to mitigation measures identified in the MMRP , which requires a biological resources assessment and pre-construction clearance prior to construction when projects are proposed on vacant, unpaved property . Reference to these mitigation measures is provided in the project specific
Mitigation Measure BIO-1 below. Ministerial Projects will not be subject to these pre- construction surveys given that land within the Development Priority/Infill Areas is substantially developed and/or highly disturbed. Discretionary projects will be subject to this mitigation. Thus,
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 68 if such species were encountered, implementation of Mitigation Measures BIO-1 through BIO-10 would reduce the impact to less than significant.
Mitigation Measure BIO-1: Development projects that qualify for ministerial approval shall not require additional biological assessments or survey s. Discretionary projects will be subject to all relevant biological related m itigation measures identified in the MMRP prepared for the General Plan PEIR, as incorporated as Mitigation Measure BIO- 2, BIO-3, BIO-4, BIO-5, BIO-6, BIO-7, BIO-8, BIO-9, and BIO-10 in this MMRP.
Mitigation Measure BIO-2: Construction of a proposed project shall avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Planning Area. If construction within potentially suitable habitat must occur, the presence/absence of any special -status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special -status species. If a special -status species are determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible.
Specific mitigation measures for direct or incidental impacts to special -status species shall be determined on a case -by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. (General Plan PEIR Mitigation Measures BIO-1.1)
Mitigation Measure BIO-3: Direct or incidental take of any state or federally listed species shall be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the CDFW 2081 and USFWS Section 7 or Section 10 permitting processes shall take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to special -status species shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protoc ols and mitigations measures recommended by the agency at the time of consultation. (General Plan PEIR Mitigation Measures BIO-1.2)
Mitigation Measure BIO-4: Development within the Planning Area shall avoid, where possible, special -status natural communiti es and vegetation communities that provide suitable habitat for special -status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special -status species,
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 69 compensatory habitat-based mitigation is required under CEQA and CESA. Mitigation shall consist of preserving on-site habitat, restoring similar habitat or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation shall be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio shall be agreed upon by the developer and lead agency to reduce project impacts to special -status natural communities to a less than significant level. Agreed- upon mitigation ratios shall depend on the quality of the habitat and presence/absence of a special-status species. Specific mitigation measures for direct or incidental impacts to special-status natural communities and vegetation communities shall be determined on a case- by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. (General Plan PEIR Mitigation Measures BIO-1.3)
Mitigation Measure BIO-5: Proposed projects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey shall be conducted by a qualified biologist to determine if any nesting birds or nesting activity is observed on or within 500- feet of a project site. If an active nest is observed during the survey, a biological monitor shall be on site to ensure that no proposed project activities would impact the active nest. A s uitable buffer shall be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Prior to commencement of grading activities and issuance of any building permits, the Director of the City of Fresno Planning and Development Department, or designee, shall verify that all proposed project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Section 3503, that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field. Specific mitigation measures for direct or incidental impacts to avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA) shall be determined on a case -by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. (General Plan PEIR Mitigation Measures BIO-1.4)
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 70 b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less than Significant with Mitigation Incorporated. According to the Fresno General Plan, CDFW, and U.S. Fish and Wildlife Service, there are no known riparian habitats or other sensitive natural communities identified in the Project Area or within the imm ediate vicinity of the Project. In addition, the Project Area is heavily impacted and does not contain any water features that would provide habitat for such species. While there is no evidence that such species may exist in the Project Area, there is some possibility for these species to occur. Fresno General Plan Policy POSS- 5-a through POSS-5-f partially mitigates for impacts to these species. To further assure future development that results from Project implementation does not result in significant impacts to habitat or other sensitive natural communities , future discretionary development projects shall incorporate PEIR Mitigation Measures MM BIO-2.1 – 2.3, requiring a biological resources assessment and pre-construction clearance prior to construction when projects are proposed on vacant, unpaved property. Reference to these mitigation measures is provided in the project specific
Mitigation Measure BIO -1. Ministerial Projects will not be subject to these pre- construction surveys given that land within the Development Priority/Infill Areas is partially developed or highly disturbed. Discretionary projects will be subject to this mitigation . Thus, if such habitats or features were encountered, implementation of the mitigation measures would reduce the impact to less than significant.
Mitigation Measure BIO-6: A pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in the removal or impact to any riparian habitat and/or a special -status natural community with potential to occur in the Planning Area, compensatory habitat -based mitigation shall b e required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off -site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in- kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat-based mitigation shall be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case -by-case basis. The project applicant/developer for a proposed project shall develop and implement appropriate mitigation regarding impacts on their respective jurisdictions. (General Plan PEIR Mitigation Measures BIO-2.1)
Mitigation Measure BIO-7: A pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in significant impacts to streambeds or waterways protected under Section 1600 of
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 71 Fish and Wildlife Code and Section 404 of the CWA. The project applicant/developer for a proposed project shall consult with partner agencies such as CDFW and/or USACE to develop and implement appropriate mitigation regarding impacts on their respective jurisdictions, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway. The project applicant/developer shall implement mitigation as directed by the agency with jurisdiction over the particular impact identified. (General Plan PEIR Mitigation Measures BIO-2.2)
Mitigation Measure BIO-8: Prior to project approval, a pre -construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in project -related impacts to riparian habitat or a special - status natural community or if it may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. The project applicant/developer for a proposed project shall be obligated to address project -specific impacts to special -status species associated with riparian habitat through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special -status species, as determined by the CDFW and/or USFWS. (General Plan PEIR Mitigation Measures BIO-2.3)
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?
Less than Significant with Mitigation Incorporated . Based on the search of the NWI, the Project Area does not contain any federally protected wetlands. However, according to the EPA WATERS Geoviewer, surface water such as canals, streams, and catchments are present within the Project Area. While these are not currently protected wetlands, they have the p otential to become protected and consequently, would result in a significant impact from any projects. Thus, to assure future development that results from Project implementation does not result in significant impacts to protected wetlands, the Project shall incorporate Mitigation Measures BIO-9 and BIO-
10 for discretionary projects . Thus, if such wetlands were encountered, implementation of the mitigation measures would reduce the impact to less than significant.
Mitigation Measure BIO-9: If a proposed pr oject will result in the significant alteration or fill of a federally protected wetland, a formal wetland delineation conducted according to USACE accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation shall be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of a wetland mitigation plan would
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 72 ensure a “no net loss” of wetland habitat within the Planning Area. Appropriate wetland mitigation/creation shall be implemented in a ratio according to the size of the impacted wetland. (General Plan PEIR Mitigation Measures BIO-3.1) Mitigation Measure BIO-10: In addition to regulatory agency permitting, Best Management Practices identified from a list provided by the USACE shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and incorporating detention basins shall assist in ensuring project -related impacts to wetland habitat are minimized to the greatest extent feasible. (General Plan PEIR Mitigation Measures BIO-3.2)
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? Less than Significant Impact. Wildlife movement corridors are linear habitats that function to connect two (2) or more areas of significant wildlife habitat. These corridors may function on a local level as links between small habitat patches (e.g., streams in urban settings) or may provide critical connections between regionally significant habitats (e.g., deer movement corridors).
Wildlife corridors typically include vegetation and topography that facilitate the movements of wild animals from one area of suitable habitat to another, in order to fulfill foraging, breeding, and territorial needs. These corridors often provide cover and protection from predators that may be lacking in surrounding habitats. Wildlife corridors generally include riparian zones and similar linear expanses of contiguous habitat.
The Project Area is within city limits and is greatly fragmented by existing development and structures including developed roadways thereby limiting wildlife movement. As such , based on the existing conditions of the Project Area, the Project would not 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 .
Therefore, there would be a less than significant impact because of the Project. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The General Plan outlines policies related to the conservation of biological resources and the FMC outlines regulations related to tree protection. Sp ecifically, FMC Section 13- 305 – Tree Preservation regulates tree removal, maintenance, replacem ent conditions to preserve all trees in the city. Future development that results from the Project would be subject to compliance
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 73 with these policies and regulations. As such, the Project would not conflict with any local policies or ordinances protecting biological resources. Thus, the Project would have no impact. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project Area is within the PG&E San Joaquin Valley Operation and Maintenance Habitat Conservation Plan (HCP). The HCP covers PG&E’s routine operations and maintenance activities and minor new construction, on any PG&E gas and electrical transmiss ion and distribution facilities, easements, private access routes, or lands owned by PG&E. The Project would not conflict or interfere with HCP. The Project is also located in the planning area of the Recovery Plan for Upland Species of the San Joaquin Valley, which addresses recovery goals for several species. The Project would not conflict with the plan since most of the Project Area does not provide appropriate habitat for the species mentioned and all projects would comply to applicable General Plan policies regarding habitat conservation. The City, County, and Regional Planning Agency do not have any other adopted or approved plans for habitat or natural community conservation. For these reasons, the Project would have no impact.
4.4.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the biological resources related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Checklist dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 74
4.5 CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse
change in the significance of a
historical resource as defined in
Section 15064.5?
X
b) Cause a substantial adverse
change in the significance of an
archaeological resource pursuant
to Section 15064.5?
X
c) Disturb any human remains,
including those interred outside of
formal cemeteries?
X
4.5.1 Environmental Setting
Generally, the term ‘cultural resources’ describes property types such as prehistoric and historical archaeological sites, buildings, bridges, roadways, and tribal cultural resources. As defined by CEQA, historical resources include sites, structures, objects, or districts that may have historical, prehistoric, architectural, archaeological, cultural, or scientific importance.
The city of Fresno has one (1) National Historical Landmark and 32 individual properties listed on the National Register of Historic Places as of 2019, including the Azteca Theater , Maubridge Apartments, Bank of Italy Building, Memorial Auditorium, Brix Home, Meux Home, Einstein Home, Old Fresno Water Tower , Forestiere Underground Gardens , Pantages Theatre, Fresno Bee Building, Physicians Building, Fresno Brewing Company , Rehorn Home, Fresno City College Old Administration Building, Romain Home, Fresno County Hall of Records, San Joaquin Light & Power Corporation Building, Fresno Republican Printery, Santa Fe Hotel, Fresno Sanitary Landfill, Santa Fe Railroad Depot, Holy Trinity Armenian Apostolic Church, Southern Pacific Railroad Depot, Hotel Californian, Tower Theatre, Hotel Fresno , Twining Laboratories , Kearney Mansion , Warehouse Row Buildings, Kindler Home, and Y.W.C.A. Residence Hall. There are 31 properties listed in the California Register of Historic Resources.
The City of Fresno adopted the Historic Preservation Ordinance in 1979 and maintain s a Local Register of Historic Resources that includes places in the National Register, buildings, structures, objects, sites, and districts that have sufficient integrity and are significant in Fresno’s history.
There are currently 276 individual properties listed on the City of Fresno Local Register of Historic
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 75 Resources, including Fresno Buddhist Temple, Fresno Memorial Auditorium, and Helm Building.18 In addition, Fresno also designates four (4 ) official local historic districts: the Porter Tract, the Wilson Island, Chandler Airfield/Fresno Municipal Airport , and Huntington Boulevard . There are also six (6) districts in Downtown and four (4) districts in the Tower District that have been proposed as historic districts.19
According to the Southern San Joaquin Valley Information Center (SSJVIC) records search conducted for the Fresno General Plan Draft PEIR , there are 1,011 recorded build environment resources and one (1) recorded archaeological resource within the General Plan Planning Area.
Fresno General Plan
The General Plan identifies policies related to historic and cultural resources including:
Policy HCR-2-c Project Development. Prior to project approval, continue to require a project site and its Area of Potential Effects (APE), without benefit of a prior historic survey, to be evaluated and reviewed for the potential for historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. Survey costs shall be the responsibility of the project developer. Council may, but is not required, to adopt an ordinance to implement this policy.
Policy HCR-2-d Native American Sites. Work with local Native Ameri Native American Sites. can tribes to protect recorded and unrecorded cultural and sacred sites, as required by State law, and educate developers and the community -at-large about the connections between Native American history and the environmental features that characterize the local landscape.
Commentary: Development on archaeologically sensitive sites requires on -site monitoring by appropriate Native American consultant(s) and a qualified archaeologist for all grading, excavation, and site preparation activities that involve earth- moving operations.
Policy HCR-2-g Demolition Review. Review all demolition permits to determine if the resource scheduled for demolition is potentially eligible for listing on the Local Register of Historic Resources. Consistent with the Historic Preservation Ordinance, refer potentially
18 City of Fresno. Historic Preservation Database. Accessed on February 1, 2022, https://cityoffresno.maps.arcgis.com/apps/webappviewer/index.html?id=80d8d181234a46a6a102460db2e9a57a 19 City of Fresno. A Guide to Historic Architecture in Fresno, California. Accessed on February 1, 2022, http://www.historicfresno.org/districts/index.htm
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 76 eligible resources to the Historic Preservation Commission and as appropriate to the City Council.
Tribal Consultation
In compliance with AB 52, as part of the preparation of this Initial Study and Mitigated Negative Declaration, the City of Fresno sent tribal consultation letters by certified mail to the Table Mountain Rancheria Tribe and the Dumna Wo Wah Tribe on January 27, 2022. Tribes have up to 30 days to request consultation. No requests for consultation were requested during that time.
Letters were sent pursuant to SB 18 on April 14, 2022 , with no responses received to date. The city received a letter dated May 19, 2022 from Table Mountain Rancheria declining participation and no responses were received from Dumna Wo Wah Tribe. SB 18 consultation ends ended on July 13, 2022.
4.5.2 Impact Assessment
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
Less than Significant with Mitigation Incorporated . There is some possibility that hidden and buried resources may exist within the Project Area with no surface evidence. Fresno General Plan Policy HCR-2 and Historical Preservation Ordinance regulations would partially mitigate for cultural resources that are encountered during future development that would result from Project implementation. To further assure future development does not result in significant impacts to any potential cultural resources, the Project (and subsequent projects) shall incorporate Mitigation Measure CUL-1. Thus, if such resources were discovered, implementation of the required mitigation measure would reduce the impact to less than significant. In addition, proposed ministerial approval is not permitted on sites which contain a designated historic resource and future discretionary projects will be subject to review by historic preservation staff and conditioned accordingly. The Project also incorporates Mitigation Measure CUL-2 from the PEIR to ensure the conservation of potential historic and/or cultural resources. As a result, the Project would have a less than significant impact.
Mitigation Measure CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 77 are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency.
Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.
No further grading shall occur in the area of the discovery until the Le ad Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. (General Plan PEIR Mitigation Measures CUL-1.1) Mitigation Measure CUL-2: Prior to approval of any discretionary project that could result in an adverse change to a potential historic and/or cultural resource, the City shall require a site - specific evaluation of historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. The evaluation shall provide recommendations to mitigate potential impacts to historic and/or cultural resources and shall be approve d by the Director of Planning and Development. (General Plan PEIR Mitigation Measures CUL-1.2) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less than Significant with Mitigation Incorporated. There is some possibility that hidden and buried resources may exist within the Project Area with no surface evidence. Fresno General Plan Policy HCR-2 and Historical Preservation Ordinance regulations would partially mitigate for cultural resources that are encountered during future development that would result from Project implementation. To further assure future development does not result in significant impacts to any potential cultural resources, the Project shall incorporate Mitigation Measure CUL-1 as described in criterion a). Thus, if such resources were discovered, implementation of the required mitigation measure would reduce the impact to less than significant. In addition, Mitigation Measure CUL-3 is incorporated to mitigate for possible archaeological resources on sites with previously undisturbed soils. As a result, the Project would have a less than significant impact.
Mitigation Measure CUL -3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. • If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 78 construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City o n the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City -approved institution or person who is capable of providing long -term preservation to allow future scientific study.
• If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the re sources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.
In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown re sources shall be followed. (General Plan PEIR Mitigation Measures CUL-2)
c) Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant with Mitigation Incorporated. There is no evidence that human remains exist within the Project Area. However, there is a possibility that a non-visible buried site may exist and may be uncovered during future ground disturbing construction activities, which would constitute a significant impact. If any human remains are discovered du ring construction, CCR Section 15064.5(e), PRC Section 5097.98, and California Health and Safety Code Section 7050.5 will mitigate for the impacts. To further assure future construction activities do not result in significant impacts to any potential resou rces or human remains discovered below ground surface, the
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 79 Project shall incorporate Mitigation Measure CUL-4. Therefore, if any human remains were discovered, implementation of this mitigation and referenced regulations would reduce the Project’s impact to less than significant.
Mitigation Measure CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately.
Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC).
The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. (General Plan PEIR Mitigation Measures CUL-3)
4.5.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the cultural resources related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Program dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 80
4.6 ENERGY
Would the project: Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to
wasteful, inefficient, or
unnecessary consumption of
energy resources, during project
construction or operation?
X
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
X
4.6.1 Environmental Setting
Appendix F – Energy Conservation of the CEQA Guidelines requires consideration of energy implications in project decisions, including a discussion of the potential energy impacts with emphasis on avoiding or reducing inefficient, wasteful and unnecessary consumption of energy resources (Public Resources Code Section 21100(b)(3)). Per Appendix F, a project would be considered inefficient, wasteful and unnecessary if it violated existing energy standards, had a negative effect on local and regional energy supplies and requirements for additional capacity, had a negative effect on peak and base period demands for electricity and other energy forms, and effected energy resources.
The California Energy Commission updates the Building Energy Efficiency Standards (Title 24, Parts 6 and 11) every three years as part of the California Code of Regulations. The standards were established in 1978 in effort to reduce the state’s energy consumption. They apply for new construction of, and additions and alterations to, residential and nonresidential buildings and relate to various energy efficiencies including but not limited to ventilation, air conditioning, and lighting.
20 The California Green Building Standards Code (CALGreen), Part 11, Title 24, California Code of Regulations, was developed in 2007 to meet the state goals for reducing Greenhouse Gas
20 California Energy Commission. 2019 Building Energy Efficiency Standards. Accessed on January 25, 2022, https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2019-building- energy-efficiency
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 81 emissions pursuant to AB32. CALGreen covers five (5) categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality. 21 The 2019 Building Energy Efficiency Standards went into effect on January 1, 2020. Additionally, the California Air Resources Board (CARB) oversees air pollution control efforts, regulations, and programs that contribute to reduction of energy consumption.
Compliance with these energy efficiency regulations and programs ensure that development will not result in wasteful, inefficient, or unnecessary consumption of energy sources.
California Energy Action Plan
The Energy Action Plan (EAP) for California was approved in 2003. The California Public Utilities Commission (PUC) approved the Energy Action Plan (EAP) for California in 2003. The 200 3 EAP established goals and next steps to integrate and coordinate energy efficiency demand and response programs and actions.
22 Fresno General Plan
Energy resources and conservation are discussed in the Resource Conservation and Resilience Section of the Fresno General Plan. The following objectives and policies of the Fresno General Plan relate to energy resources and conservation of development in order to reduce community- wide energy consumption:
Policy RC-2 Promote land uses that conserve resources.
Policy RC-2-a Link Land Use to Transportation. Promote mixed -use, higher density infill development in multi-modal corridors. Support land use patterns that make more efficient use of the transportation system and plan future transportation investments in areas of higher - intensity development. Discourage investment in infrastructure that would not meet these criteria.
Policy RC-2-b Provide Infrastructure for Mixed-Use and Infill. Promote investment in the public infrastructure needed to allow mixed -use and denser infill development to occur in targeted locations, such as expanded water and wastewater conveyance systems, complete
21 California Department of General Services . (2020). 2019 California Green Building Standards Code . Accessed on January 25, 2022, https://codes.iccsafe.org/content/CGBC2019P3 22 State of California. (200 3). Energy Action Plan. Accessed on January 25, 2022, https://docs.cpuc.ca.gov/word_pdf/REPORT/28715.pdf
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 82 streetscapes, parks and open space amenities, and trails. Discourage investment in infrastructure that would not meet these criteria.
Policy RC-8 Reduce the consumption of non -renewable energy resources by requiring and encouraging conservation measures and the use of alternative energy sources.
Policy RC-8-a Existing Standards and Programs. Continue existing beneficial energy conservation programs, including adhering to the California Energy Code in new construction and major renovations.
Policy RC-8-c Energy Conservation in New Development. Consider providing an incentive program for new buildings that exceed California Energy Code requirements by fifteen percent.
Policy RC-8-e Energy Use Disclosure. Promote compliance with State law mandating disclosure of a building’s energy data and rating of the previous year to prospective buyers and lessees of the entire building or lenders financing the entire building.
4.6.2 Impact Assessment
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. Future development of the Project Area would result in increased consumption of energy resources during construction and operation since a higher density is proposed. The consumption of energy resources during construction and operation are further analyzed below.
Construction
Construction would be short-term and temporary. Future development would primarily consist of office, residential, and commercial uses that are permitted in mixed -use zone districts. Typically, characteristics or construction processes for these types of development would not require the use of equipment that would be more energy intensive than is used for comparable activities.
Construction activities would include typical demolition, site preparation, grading, paving, architectural coating, and trenching – all of which would require the transportation of building materials and equipment. Therefore, the primary source of energy for construction activities would be diesel and gasoline (i.e., petroleum fuels). All construction equipment shall co nform to current emissions standards and related fuel efficiencies including applicable CARB regulations (Airborne Toxic Control Measure), California Code of Regulations (Title 13, Motor Vehicles), and Title 24 standards. Compliance with such regulations would ensure that the short-term, temporary
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 83 construction activities do not result in wasteful, inefficient, or unnecessary consumption of energy resources.
Operations
Operations of typical mixed use (eg. residential, commercial, or office use) would involve heating, cooling, equipment, and vehicle trips. Energy consumption related to operations would be associated with natural gas, electricity, and fuel. A pplicable state and local regulations and programs would be implemented to reduce energy waste from operation. Therefore, future development projects would not consume energy in a manner that is wasteful, inefficient, or unnecessary nor would the project conflict with any state or local plan for energy efficiency. In addition, because of the lo cation of the Project Area along major transportation corridors , residents of future developments will be more likely to take public transportation and thus reduce fuel consumption compared to development in other parts of the city. Thus, the project woul d have a less than significant impact.
Overall, the results of the analyses do not rise to a level of significance given the Project’s required compliance with various energy efficiency regulations and policies including CALGreen, Title 24, the General Pla n, and CARB . Thus, through compliance, the Project is not expected to result in wasteful, inefficient, or unnecessary consumption of energy resources and a less than significant impact would occur because of the Project.
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. As discussed under criterion a), the construction and operations of future development projects would be subject to compliance with applicable energy efficiency regulations including CALGreen, Title 24, General Plan, and CARB. Thus, applicable state and local regulations and programs would be implemented to reduce energy waste from construction and operations. Therefore, through compli ance, the Project would not conflict with or obstruct any state or local plan for energy efficiency and a less than significant impact would occur because of the Project.
4.6.3 Mitigation Measures
None Required.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 84
4.7 GEOLOGY AND SOILS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Directly or Indirectly cause
potential substantial adverse
effects, including the risk of loss,
injury, or death involving:
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?
Refer to Division of Mines
and Geology Special
Publication 42.
X
ii. Strong seismic ground
shaking? X
iii. Seismic-related ground
failure, including
liquefaction?
X
iv. Landslides? X
b) Result in substantial soil erosion or
the loss of topsoil? X
c) Be located on a geologic unit or soil
that is unstable, or that would
become unstable as a result of the
project, and potentially result in
on- or off -site landslide, lateral
X
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 85 spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil, as
defined in Table 18 -1-B of the
Uniform Building Code (1994),
creating substantial risks to life or
property?
X
e) Have soils incapable of adequately
supporting the use of septic tanks
or alternative wastewater disposal
systems where sewers are not
available for the disposal of waste
water?
X
f) Directly or indirectly destroy a
unique paleontological resource or
site or unique geologic feature?
X
4.7.1 Environmental Setting
The Project Area is in the San Joaquin Valley which is one of the two large valleys comprising the Great Valley Geomorphic Province. The San Joaquin Valley is surrounded by Sierra Nevada (east), Coast Ranges (west), Tehachapi (south), and the Sacramento Valley (north). The Fresno area is set on gently southwest-sloping alluvial fans and plans formed by the San Joaquin and Kings Rivers. A brief discussion of the likelihood of seismic activities to occur in or affect Fresno is provided below.
Faulting
There are no active faults mapped within the city of Fresno. The Project Area is not located in an Alquist-Priolo Earthquake Fault Zone as established by the Alquist-Priolo Fault Zoning Act (Section 2622 of Chapter 7.5, Division 2 of the California Public Resources Code).
Subsurface Soils
According to the Geologic Hazards Investigation for the Fresno General Plan, the uppermost soils in the Fresno area (i.e., 6-12 inches) comprise very loose silty sand, silty sand with trace clay, sandy silt, clayey sand, or clayey gravel. These soils are disturbed, have low strength, and are highly compressible when saturated. Area soils between two (2) to four (4) feet below ground surface (bgs) range from loose/soft to very dense/hard clays, silts, sands, and gravels with the characteristics of moderately strong and moderately compressible. Three (3) to five (5) feet bgs soils are clays, silts, sands, and gravels that are moderately strong and slightly compressible.
Strong Ground Shaking
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 86 The Fresno area is subject to low to moderate ground shaking. The Owens Valley Earthquake of 1872 and the Coalinga Earthquake of 1982 generated ground shaking of intensity VII of the 12 - point Modified Mercalli Intensity (MMI) scale. Intensity VII earthquakes result in negligible damage to buildings, slight to moderate in well -built structures, considerable damage in poorly built or badly designed structures, and some broken chimneys.23
Liquefaction
Liquefaction is a seismic phenomenon in which loose, saturated, fine-gr ained granular soils behave similarly to a fluid when subjected to high-i
ntensity ground shaking. The potential for liquefaction in the city of Fresno is low to moderate, per the Fresno County Multi-Hazard Mitigation Plan. There has been no observed liquefaction from any historic earthquake. Additionally, ground shaking, seismic settlement, and lateral spreading are not considered to be significant hazards due to the stable area soils as observed in the Geologic Hazards Investigation for the Fresno General Plan.
Erosion
Wind and flowing water are the primary agents of erosion in the San Joaquin Valley. Two (2) types of areas with moderate to high erosion potential are identified by the Fresno County Multi-Hazard Mitigation Plan: soils in the Sierra Nevada and foothills on slopes over 30 percent and soils in the western San Joaquin Valley and Coast Ranges. According to the Fresno General Plan, the city of Fresno is not susceptible to soil erosion except for land within 300 feet of the toe of the San Joaquin River bluffs. However, the Project Area is not in a bluff area and is therefore not subject to the potential for moderate to high erosion.
Ground Subsidence
Ground subsidence is the settling or sinking of surface soil deposits with little or no horizontal motion. Soils with high silt or clay content are subject to subsidence. While the Co unty of Fresno identifies a significant hazard significance for subsidence due to heavy groundwater withdrawal, the city of Fresno it not known to be subject to subsidence hazards. Areas with potential for subsidence hazards are in western Fresno County over 30 miles west and southwest from the Project area, as mapped in the Fresno County Multi-Hazard Mitigation Plan.
23 U nited States Geological Survey (USGS). The Modified Mercalli Intensity Scale Accessed April 5, 2022, https://www.usgs.gov/programs/earthquake-hazards/modified-mercalli-intensity-scale
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 87 Fresno General Plan
Geology and soils are discussed in the Noise and Safety Chapter of the Fresno General Plan. The following relevant policies of the Fresno General Plan:
Policy NS-2 Minimize risks of property damage and personal injury posed by geologic and seismic risks.
Policy NS-2-a Seismic Protection. Ensure seismic protection is incorporated into new and existing construction, consistent with the Fresno Municipal Code.
Policy NS-2-b Soil Analysis Requirement. Identify areas with potential geologic and/or soils hazards, and require development in these areas to conduct a soil analysis and mitigation plan by a registered civil engineer (or engineering geologist specializing in soil geology) prior to allowing on-site drainage or disposal for wastewater, stormwater runoff, or swimming pool/spa water.
Policy NS-2-c Landfill Areas. Require proposed land uses on or near landfill areas to be designed and maintained to comply with Califo rnia Code of Regulations, Title 27, Section 21190, Post Closure Land Use.
4.7.2 Impact Assessment
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
No Impact. There are no known active earthquake faults in Fresno (inclusive of the Project Area), nor is Fresno within an Alquist- Priolo earthquake fault zone as established by the Alquist- Priolo Fault Zoning Act. As such, the implementation of the Project in an area void of earthquake faults would not cause the rupture of a known earthquake fault. Thus, no impact would occur as a result of the Project.
ii. Strong seismic ground shaking?
Less than Significant Impact. The Fresno area, inclusive of the Project Area, is classified by the State as being in a moderate seismic risk zone, Category “C” or “D,” depending on the soils underlying the specific location being categorized and that location’s proximity to the nearest known fault lines. In addition, future development within the Project Area would be required to conform to current seismic protection standards in the CBC and General Plan policies, which are intended to
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 88 minimize potential risks. Therefore, because of the Project Area’s distance from active fault lines, conformance with seismic protection standards, and compliance with General Plan policies, the Project does not have any aspect that could result in strong seismic ground shaking. Therefore, the Project would have a less than significant impact.
iii. Seismic-related ground failure, including liquefaction? No Impact. The Project Area is relatively flat with stable soils and no apparent unique or significant landforms. Further, Fresno does not have a significant liquefaction potential since it is in a stable geologic formation. For these reasons , liquefaction or seismically induced settlement or bearing loss is considered unlikely, even if there should be a substantial increase in grou nd water level.
Further, future development of the Project Area would require compliance with the City’s grading and drainage standards. Therefore, because of the Project Area’s relatively flat topography, stability of soils, infrequency of seismic activity, and required compliance with City standards, the Project does not have any aspect that could result in seismic -related ground failure, including liquefaction. Therefore, no impact would occur because of the Project. iv. Landslides?
No Impact. Landslides are not expected to affect the Project site as the city of Fresno is not located in a zone where landslides, subsidence, or liquefaction could possibly occur. Furthermore, the topography of the Project Area is flat. As such, future development of the Project Area on stable sites in an area that is not susceptible to seismic activities or geologic instability would not cause landslides. Therefore, no impact would occur because of the Project. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Future development Project Area would require typical site preparation activities such as grading and trenching which may result in the potential for short- term soil disturbance or erosion impacts. Future construction would also involve the use of water which may cause further soil disturbance. Such impacts would be addressed through compliance with regulations set by the State Water Resources Control Board (SWRCB). The SWRCB requires sites larger than one (1) acre to comply with the General Permit for Discharges of Storm Water Associated with Construction Activity (i.e., General Permit Order No. 2012 -0006-DWQ). The General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). The SWPPP estimates the sediment risk associated with construction activities and includes best management practices (BMP) to control erosion.
BMPs specific to erosion control cover erosion, sediment, tracking, and waste management controls. Implementation of the SWPPP for sites larger than o ne (1) acre minimize the potential for future development resulting from the Project to result in substantial soil erosion or loss of
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 89 topsoil. With these provisions in place, impacts to soil and topsoil by the Project would be considered less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
No Impact. The Project Area is not located in a zone where landslides, subsidence, or liquefaction could occur. Further, the area is relatively flat with no apparent unique or significant landforms.
Therefore, future development of the Project Area would not cause landslides, later al spreading, subsidence, liquefaction, or collapse. Therefore, no impact would occur because of the Project. d) Be located on expansive soil, as defined in Table 18 -1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? Less than Significant Impact. The Project Area comprises various soils, including clays, silts, sands, gravels, and cobbles. Clayey soils are slightly to moderately expansive as defined in Table 18 -1-B of the UBC. Specific locati ons of such expansive soils are currently unknown. However, future development that results from Project implementation would be developed in accordance with the General Plan and FMC. In particular, FMC Section 12-1022 requires a preliminary soils report be prepared to identify expansive soils and other soil issues in addition to inclusion of foundation support and grading parameters. These reports typically include measures to reduce potential impacts d ue to soil conditions. In addition, FMC Section 15 -1603 requires further grading and erosion control measures. Compliance with the requirements of the FMC would reduce potential expansive soil impacts to less than significant.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
No Impact. Since the Project Area is within city limits, future development that results from Project implementation will be required to connect to the city’s water and sewer systems. Thus, no septic tanks or alternative wastewater disposal systems would be installed and no impact would occur because of the Project.
f) Directly or indirectly destroy a unique paleo ntological resource or site or unique geologic feature?
Less than Significant with Mitigation Incorporated. As discussed in Section 4.5, there are no known paleontological resources or unique geological features in the Project Area. Nevertheless, there is some possibility that non-visible buried resources or sites may exist and may be uncovered during future ground disturbance which would constitute a significant impact. Fresno General Plan Policy
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 90 HCR-2 and Historical Preservation Ordinance regulations would partially mitigate for resources that are encountered during future development that would result from Project implementation.
To further assure future development does not result in significant impac ts to any potential resources, the Project shall incorporate Mitigation Measure CUL-1 as described in Section 4.5. In addition, the Project shall incorporate Mitigation Measure GEO-1 to further reduce potential impacts to less than significant. As a result, the Project would have a less than significant impact.
Mitigation Measure GEO-1: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/ geological resources shall be conducted. The following procedures shall be followed:
• If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence.
In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the disc overed resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency.
Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study.
• If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/geological resources are found during
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 91 excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. (General Plan PEIR Mitigation Measures GEO-6.1)
4.7.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the geology and soils related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Program dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 92
4.8 GREENHOUSE GAS EMISSIONS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
significant impact on the
environment?
X
b) Conflict with an applicable plan,
policy or regulation adopted for
the purpose of reducing the
emissions of greenhouse gases?
X
4.8.1 Environmental Setting
Various gases in the Earth’s atmosphere, classified as atmospheric greenhouse gases (GHGs), play a critical role in determining the Earth’s surface temperature. Solar radiation enters Earth’s atmosphere from space, and a portion of the radiation is absorbed by the Earth’s surface. The Earth emits this radiation back toward space, but the properties of the radiation change from high- frequency solar radiation to lower-frequency infrared radiation.
Naturally occurring greenhouse gases include water vapor (H 2O), carbon dioxide (CO2), methane
(CH4), nitrous oxide (N2O), and ozone (O3). Several classes of halogenated substances that contain fluorine, chlorine, or bromine are also GHGs, but they are, for the most part, solely a product of industrial activities. Although the direct greenhouse gases CO2, CH4, and N2O occur naturally in the atmosphere, human activities have changed their atmospheric concentrations. From the pre- industrial era (i.e., ending about 1750) to 2011, concentrations of these three GHGs have increased globally by 40, 150, and 20 percent, respectively (Intergovernmental Panel on Climate Change [IPCC], 2013).
GHGs, which are transparent to solar radiation, are effective in absorbing infrared radiation. As a result, this radiation that otherwise would have escaped back into space is now retained, resulting in a warming of the atmosphere. This phenomenon is known as the greenhouse effect. Among the prominent GHGs contributing to the greenhouse effect are carbon dioxide (CO 2), methane (CH4), ozone (O3), water vapor, nitrous oxide (N2O), and chlorofluorocarbons (CFCs).
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 93 The emissions from a single project will not cause global climate change, however, GHG emissions from multiple projects throughout the world could result in a cumulative impact with respect to global climate change. Therefore, the analysis of GHGs and climate change presented in this section is presented in terms of the proposed project’s contribution to cumulative impacts and potential to result in cumulatively considerable impacts related to GHGs and climate change.
Cumulative impacts are the collective impacts of one or more past, present, and future projects that, when combined, result in adverse ch anges to the environment. In determining the significance of a proposed project’s contribution to anticipated adverse future conditions, a lead agency should generally undertake a two �step analysis. The first question is whether the combined effects from b oth the proposed project and other projects would be cumulatively significant. If the agency answers this inquiry in the affirmative, the second question is whether “the proposed project’s incremental effects are cumulatively considerable” and thus significant in and of themselves.
The cumulative project list for this issue (climate change) comprises anthropogenic (i.e., human made) GHG emissions sources across the globe and no project alone would reasonably be expected to contribute to a noticeable increm ental change to the global climate. However, legislation and executive orders on the subject of climate change in California have established a statewide context and process for developing an enforceable statewide cap on GHG emissions.
Given the nature of environmental consequences from GHGs and global climate change, CEQA requires that lead agencies consider evaluating the cumulative impacts of GHGs. Small contributions to this cumulative impact (from which significant effects are occurring and are expected to worsen over time) may be potentially considerable and, therefore, significant.
Executive Order S-3-05
California adopted EO B -3-05 on June 1 , 2005, which established a n emissions reduction to 80 percent below 1990 levels by 2030.
Executive Order B-30-15
California adopted EO B-30-15 on April 29, 2015, which established an emissions reduction to 40 percent below 1990 levels by 2030.
Threshold of Significance
In assessing the significance of impacts from GHG emissions, Section 15064.4(b) of the CEQA Guidelines states that a lead agency may consider the following:
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 94 • The extent to which the project may increase or reduce GHG emissions as compared to the environmental setting;
• Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project;
• The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions.
The California Air Resources Board (CARB) 2017 Climate Change Scoping Plan, guidance from the San Joaquin Valley Air Pollution Control District (SJVAPCD), SJVAPCD Climate Change Action Plan, and KCAG Regional Climate Action Plan is discussed below as thresholds of significance. 2017 Climate Change Scoping Plan
The CARB 2017 Scoping Plan24 is the adopted statewide plan for reduction or mitigation of GHGs to implement State Bill (SB) 32 . SB 32 was issued in 2016 to lay emission reduction goals beyond AB 32’s goal by 2020. It sets a statewide goal to reduce emissions 40% below 1990 levels by 2030.
Consequently, the Scoping Plan involves several measures to reduce pollution and GHG emissions, indicating a decrease of GHG emissions to 389 million metric tons (MMT) of CO2 e by 2030.
2009 San Joaquin Valley Air Pollution Control District Guidance As part of the SJVAPCD Climate Change Action Plan (CCAP), SJVAPCD adopted its Guidance for Valley Land
-use
Agencies in Addressing GHG Emission Impacts for New Projects under CEQA and the policy District Policy - Addressing GHG Emission Impacts for Stationary Source Projects Under CEQA When Serving as the Lead Agency in 2009.
25F
25,
26F
26 Through this guidance document, SJVAPCD
recognized that project- specific emissions are cumulative and could be considered cumulatively considerable without mitigation. SJVAPCD suggested that the requirement to reduce GHG emissions for all projects is the best method to address this cumulative impact. In addition, this
24 California Air Resources Board (CARB). (2017). 2017 Scoping Plan Documents. Accessed April 5, 2022, https://ww2.arb.ca.gov/our-work/programs/ab-32-climate-change-scoping-plan/2017-scoping-plan-documents 25 San Joaquin Valley Air Pollution Control District. (2009). Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. Accessed December 29, 2021, http://www.valleyair.org/Programs/CCAP/12-17-09/3%20CCAP%20-%20FINAL%20LU%20Guidance%20- %20Dec%2017%202009.pdf.
26 San Joaquin Valley Air Pollution Control District. (2000). Environmental Review Guidelines: Procedures for Implementing the California Environmental Quality Act. Accessed December 29, 2021, http://www.valleyair.org/transportation/CEQA%20Rules/ERG%20Adopted%20_August%202000_.pdf
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 95 guidance provides screening criteria for climate change analyses, as well as draft guidance for the determination of significance. As shown in Figure 4-8, these criteria are used to evaluate whether a project would result in a significant climate change impact. Projects that meet one of these criteria would have less than significant impact on the global climate.
1. Exempt from CEQA;
2. Complies with an approved GHG emission reduction plan or GHG mitigation program;
3. Achieves 29 percent GHG reductions by using approved Best Performance Standards; or
4. Achieves AB 32 targeted 29 percent GHG reductions compared with “business as usual.”
Figure 4-8 SJVAPCD’s GHG Thresholds of Significance
Source: SJVAPCD Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA – Land Use Development Projects 2009 Further, t he SJVAPCD requires quantification of GHG emissions for all projects which the lead agency has determined that an EIR is required. Although an EIR is not required for the Project, the GHG emissions are quantified below. Short- term construction and long- term operational GHG emissions for project buildout were estimated using CalEEMod TM (v.2020.4.0). (See Appendix B).
CalEEMod is a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professional s to quantify GHG emissions from land use projects. The model quantifies direct GHG emissions from construction and operation (including vehicle use), as well as indirect GHG emissions, such as GHG emissions from energy use, solid
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 96 waste disposal, vegetation planting and/or removal, and water use. Emissions are expressed in annual metric tons of CO2 equivalent units of measure (i.e., MTCO2e), based on the global warming potential of the individual pollutants.
Fresno Greenhouse Gas Reduction Plan Update
As part of implementation of the General Plan, the city of Fresno adopted the Climate Action Plan, referred as the Greenhouse Gas Reduction Plan (GHG Plan), in 2014. The GHG Plan supports AB 32 to reduce statewide emissions by 2020. The Fresno Green Sustainability Strategy also includes a commitment to meet the 2020 AB 32 goal and to meet a reduction of 80 percent below 1990 levels by 2050 stated in Executive Order S
-0
3-0
5. This GHG Plan is considered a “Qualified Plan,”
according to California Environmental Quality Act (CEQA) Guidelines Section 15183.5.
T
he city of Fresno adopted an updated GHG Plan in 2021 to incorporate two (2) significant regulations that have been established since 2014. This include s SB 32 that sets a statewide reduction goal of 40 percent below 1990 levels by 2030 and the California Supreme Court’s decision invalidating an EIR for a variety of reasons, including the use of 29 percent below business- as-usual (BAU) as a threshold to determine significance of GHG emissions under CEQA without any supporting evidence. GHG Plan Update Section 6. 0 sets a CEQA streamlining process for development projects.27
4.8.2 Impact Assessment
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant with Mitigation Incorporated. As stated in the Thresholds of Significance above, SJVAPCD recommends a tiered approach to assess the significance of the GHG impacts on the environment (see Figure 4-8). Consequently, compliance with an adopted statewide, regional, or local plan for GHG emission reduction or mitigation would mean the project shall be determined to have a le ss than significant individual and cumulative impact for GHG emissions . As discussed in more detail under criterion b, the Project would be generally consistent with the applicable goals and policies related to GHG reduction measures , including CARB’s 2017 Scoping Plan, SJVAPCD Climate Change Plan and guidelines, and the City of Fresno GHG Plan strategies that aim
27 City of Fresno. (2020). Greenhouse Gas Reduction Plan Update. Accessed on Fe bruary 2, 2022, https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/03/Appendix_G- GHG_Reduction_Plan_Update.pdf
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 97 to reduce air emissions and improve air quality, which reduces GHG emissions as a result. Through compliance with the CAP, Scoping Plan, SJVAPCD guidelines , and GHG Plan, it can be determined that the Project would not occur at a scale or scope with potential to contribute substantially or cumulatively to the generation of greenhouse gas emissions and therefore the impact would be less than significant. Lastly, Project -related emissions were assessed relying on a qualitative analysis in compliance with CEQA Guidelines Section 15064.4.
Construction Emissions
The SJVAPCD does not recommend assessing pollution associated with construction, as pollution- related construction will be temporary.
Operational Emissions
Regarding the long-term operational related GHG emissions, the estimated operational emissions for buildout of the Project incorporates the potential area source and vehicle emissions , and emissions associated with utility and water usage, and wastewater and solid waste generation .
According to the SJVAPCD guidance for addressing GHG impacts and CEQA Guidelines Section 15064.4(a)(2), at the lead agency’s discretion , qualitative analysi s is used to identify the significance of possible GHG impacts. Tiering off the PEIR, the Project thus implements Mitigation Measure GHG-1.1 of the PEIR to reduce impacts to less than significant.
Mitigation Measure GHG -1: Prior to the City’s approval of subsequent discretionary projects, the Director of the City Planning and Development Department, or designee, shall confirm that development are consistent with the Recirculated GHG Reduction Plan Update (2021) and shall implement all measures deemed applicable to the project through the GHG Reduction Plan Update - Project Consistency Checklist (Appendix B to the GHG Reduction Plan Update). (General Plan PEIR Mitigation Measures GHG-1.1) Since the GHG Reduction Plan Update Project Consistency Ch ecklist is designed to evaluate project-specific developments, this initial study includes Mitigation Measure GHG -1.1 to ensure the mitigation measure applies to future ministerial projects developed under the Mixed Use Zoning Density Increase Text Amendment. As such, ministerial projects developed under the Text Amendment would be required to include mitigation listed in the Consistency Checklist as conditions of approval to reduce greenhouse gas emissions impacts to a less than significant impact.
Mitigation Measure GHG -2: Development projects that require ministerial approval shall implement all measures deemed applicable to the project through the GHG Reduction Plan
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 98 Update - P roject Consistency Checklist (Appendix B to the GHG Reduction Plan Updat e). The Checklist shall be submitted with the formal application for city review. b) C
onflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact. As discussed above, the Project complies with the GHG Plan Update since projects are subject to compliance with MM GHG -1.1. In addition to this, the compatibility of the Project with the 2017 Scoping Plan and the SJVAPCD’s CCAP is evaluated below.
Consistency with the 2017 Climate Change Scoping Plan
Based on the evaluation shown in Table 4-4, the Project is consistent with the reduction measures identified in the 2017 Scoping Plan.
Table 4-4 Scoping Plan Reduction Measures Consistency Analysis Reduction Measure Measure Description Consistency/Applicability Determination SB 350 Renewable
Portfolio Standard
Statewide requirement to increase
the renewable energy mix from 33%
in 2020 to 50% in 2030. Renewable
energy sources include (but are not
limited to) wind, solar, geothermal,
small hydroelectric, biomass,
anaerobic digestion, and landfill gas.
Consistent. Future development resulting
from the Project will receive electricity
from PG&E, which is subject to the SB 350
Renewable Po
rtfolio Standard.
Additionally, future development would
be required to meet the State Building
Energy Efficiency Standards (Title 24, Parts
6 and 11).
Low Carbon Fuel
Standard
Requires fuel providers to meet an
18 percent reduction in carbon
content by 2030.
Not Applicable. This measure is a
statewide measure that is not
implemented by a project applicant or lead
agency. Therefore, the measure is not
applicable to the proposed project.
However, when the measure is initiated, it
would be applicable to vehicles that would
access the Project site.
Mobile Source
Strategy (Cleaner
Technology and
Fuels [CTF]
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.
Not Applicable. This measure does not
have requirements that directly apply to
development projects. Therefore, the
measure is not applicable to the proposed
project. However, the Project would not
conflict or obstruct this reduction
measure.
SB 1383 Short-Lived
Climate Pollutant
(SLCP) Reduction
Strategy
The strategy requires the reduction
of methane and hydrofluorocarbon
(HFC) emissions by 40 percent from
2013 levels by 2030 and the
Not Applicable . Black carbon is created
from the burning of fuels such as coal,
diesel, and biomass. Although no specific
development project
is currently
proposed, heavy industrial uses are not
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 99 reduction of black carbon by 50
percent from 2013 levels by 2030.
allowed in the proposed land use
designation or zone district and thus,
future uses are not anticipated to emit
black carbon from diesel heavy duty truck
trips. Therefore, the measure is not
applicable to the proposed project.
SB 375 Sustainable
Communities
Strategies
The strategy requires Regional
Transportation Plans (RTPs) to
include a sustainable communities’
strategy for reduction of per capita
vehicle miles traveled.
Not Applicable. This measure is
implemented at the regional level. FCOG
RTP/SCS include policies to reduce VMT
per capita per SB 375. T he Project would
not conflict or obstruct reduction
measures identified in the plan.
Post-2020 Cap-and-
Trade Program
This Program is to continue the
existing Cap -and-Trade Program.
The Program applies to large
industrial sources such as power
plants, refineries, and cement
manufacturers.
Not Applicable. Although no specific
development project is currently
proposed, heavy industrial uses are not
allowed in the proposed land use
designation or zone district. Therefore, the
measure is not applicable to the proposed
project.
Consistency with the SJVAPCD Climate Change Action Plan The Climate Change Action Plan (CCAP) suggests different approaches to addressing GHG emission impacts under CEQA. No specific method is identified or mandated. The Staff Report mentions both quantitative thresholds and qualitative approaches . Per Staff Report, “For development projects, the District used its Indirect Source Review database of development projects to baseline GHG emissions for both residential and non-residential development projects.” However, there are no numerical thresholds at the District level. As such, the Project assesses GHG impacts in this section and would not conflict with the CCAP.
Consistency with the City of Fresno GHG Reduction Plan
Based on the evaluation shown in Table 4-5, the Project is consistent with the reduction measures identified in the City of Fresno GHG Reduction Plan.
Table 4-5 City of Fresno GHG Reduction Plan Consistency Analysis Sustainability Strategies Objectives and Policies Consistency/Applicability Determination
Land Use Strategies Compact and Infill Development. Increase in development density, infill and redevelopment
projects, and transit service and ridership.
GP Policy UF-1-c, UF-12-b, LU-2-a, LU-2-b, LU-3-
b, LU-3-c, LU-5-f, RC-2-a
Consistent. The Project
proposes increased density
in mixed-use zone districts.
These areas are mostly
along major transit
corridors, which encourage
pedestrian- and transit-
oriented development.
Mixed-Use Development.
GP Policy RC-2-a, RC-2-b, UF-12-d, UF-12-f
Pedestrian-Oriented Development.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 100 GP Policy UF -12-e, UF -12-f, UF -14-a, UF -14-b,
UF-14-c, D-3-c, D-4-b, MT-1-h
Transit Oriented Development.
GP Policy UF-12-a, UF-12-b
Transportation Facilities
Strategies
Transit Facilities. Overall increases in transit
services through the addition of new buses, new
routes, and more fr equent stops to provide
increased transit mode share.
GP Policy MT-8-a, MT-8-b, MT-8-g
Consistent. The Project
proposes increased density
primarily in high -transit
quality corridors , w hich
would increase the use of
existing public transit
systems. New
development and
redevelopment of the
Project site would also be
required to provide
sidewalks, landsca ping,
and street trees per the
municipal code.
Bicycle and Pedestrian Infrastructure.
GP Policy MT-4-a, MT-4-b, MT-4-c, MT-5-a, MT-
6-a, MT-6-g, POSS-7-h
Traffic Calming Features. to reduce vehicle
speeds and reduce conflicts with pedestrians
encourage more walking.
GP Policy MT-1-i, MT-1-j, MT-5-e
Transportation Demand
Strategies
Transportation Demand Management.
Measures designed to reduce the demand for
transportation facilities that are usually
implemented at employment sites and event
centers.
GP Policy MT-10-c
Consistent. Future
development projects
within the Project site
would be required to
comply with General Plan
policies. The increase of
density in the Project area
also limits par king space,
which would be consistent
with the strategy. In
addition, EV charging
stations are required per
FMC.
Parking Measures. Limited parking, parking
structures, and paid parking to provide a strong
incentive to use alternative modes.
GP Policy MT-10-a, MT-10-b, MT-10-d, MT-10-f
Electric Vehicle Charging Stations.
GP Policy RC-8-j
Energy Conservation
Strategies for New and
Existing Buildings
Energy Efficiency in New Buildings. The amount
of reductions in energy use can be related to
voluntary tier levels contained in Title 24 or
through use of outside certifying programs such
as LEED, EnergyStar or Greenpoint Rating
systems.
GP Policy RC-8-a, RC-8-b, RC-8-c, RC-8-d, RC-8-e
Consistent. Developments
within the Project site are
required to comply with
Title 24 standards and
energy efficient standards
identified in the FMC.
Energy Efficiency in Existing Buildings . Property
Assessed Clean Energy (PACE ) program for
water/ energy efficiency upgrades.
GP Policy RC-7-i
Not Applicable. This is a
city-wide program for
private properties.
Self-Generation Using Solar Panels and Solar
Hot Water Systems.
GP Policy RC-8-h
Consistent. The Project is
required to comply with
FMC, which requires solar
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 101 panel installation for new
development.
Water Conservation
Strategies
GP Policy RC-6-d, RC-7-a, RC-7-d, RC-7-f, RC-7-h Consistent. The Project would be required to
comply with up dated
standards and regulations
for water conservation.
Waste Diversion and
Recycling and Energy
Recovery
GP Policy PU-9-a, PU-9-b, RC-11-a, RC-11-b, RC-
4-I, PU-7-a, PU-7-d, RC-7-g, RC-8-h, RC-8-k
Not Applicable. Actions are
implemented by the city ,
e.g., wastewater recycling,
methane capture, waste
reduction, community
outreach, etc.
In conclusion, the Project contains features that would reduce GHG emissions in compliance with California Air Resources Board (CARB) 2017 Climate Change Scoping Plan, guidance from the San Joaquin Valley Air Pollution Control District (SJVAPCD), SJVAPCD Climate Change Action Plan, and Fresno GHG Plan Update. As such, the Project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs , and therefore the impact would be less than significant.
4.8.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the greenhouse gas emissions related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Checklist dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 102
4.9 HAZARDOUS AND HAZARDOUS MATERIAL
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Create a significant hazard to the
public or the environment through
the routine transport, use, or
disposal of hazardous materials?
X
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
X
c) Emit hazardous emissions or
handle hazardous or acutely
hazardous materials, substances,
or waste within one- quarter mile
of an existing or proposed school?
X
d) Be located on a site which is
included on a list of hazardous
materials sites compiled pursuant
to Government Code Section
65962.5 and, as a result, would it
create a significant hazard to the
public or the environment?
X X
e) For a project located within an
airport land use plan or, where
such a plan has not been adopted,
within two miles of a public airport
or public use airport, would the
project result in a safety hazard for
people residing or working in the
project area?
X
f) Impair implementation of or
physically interfere with an
adopted emergency response plan
or emergency evacuation plan?
X
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 103 g) Expose people or structures, either
directly or indirectly, to a
significant risk of loss, injury or
death involving wildland fires?
X
4.9.1 Environmental Setting
For the purposes of this section, the term “hazardous materials” refers to "injurious substances," which include flammable liquids and gases, poisons, corrosives, explosives, oxidizers, radioactive materials, and medical supplies and waste. These materials are either generated or used by various commercial and industrial activities. Hazardous wastes are injurious substances that have been or will be disp osed. Potential hazards arise from the transport of hazardous materials, including leakage and accidents involving transporting vehicles. There also are hazards associated with the use and storage of these materials and wastes. Hazardous materials are grouped into the following four categories based on their properties:
• Toxic: causes human health effect
• Ignitable: has the ability to burn
• Corrosive: causes severe burns or damage to materials • Reactive: causes explosions or generates toxic gases
“Hazardous wastes” are defined in California Health and Safety Code Section 25141(b) as wastes that: “…because of their quantity, concentration, or physical, chemical, or infectious characteristics, [may either] cause or significantly contribute to an incr ease in mortality or an increase in serious illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.” A hazardous waste is any hazardous m aterial that is discarded, abandoned, or slated to be recycled. If improperly handled, hazardous materials and hazardous waste can result in public health hazards if released into the soil or groundwater or through airborne releases in vapors, fumes, or dust. Soil and groundwater having concentrations of hazardous constituents higher than specific regulatory levels must be handled and disposed of as hazardous waste when excavated or pumped from an aquifer. The California Code of Regulations, Title 22, Secti ons 66261.20-24 contains technical descriptions of toxic characteristics that could cause soil or groundwater to be classified as hazardous waste.
Hazardous waste generators may include industries, businesses, public and private institutions, and household s. Federal, state, and local agencies maintain comprehensive databases that identify the location of facilities using large quantities of hazardous materials, as well as facilities generating hazardous waste. Some of these facilities use certain classes of hazardous materials that require risk management plans to protect surrounding land uses. The release of hazardous
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 104 materials would be subject to existing federal, State, and local regulations and is similar to the transport, use, and disposal of hazard materials.
Fresno General Plan
The General Plan include objectives and policies relevant to hazards and hazardous materials in its Noise and Safety Element:
OBJECTIVE NS-4 Minimize the risk of loss of life, injury, serious illness, and damage to property resulting from the use, transport, treatment, and disposal of hazardous materials and hazardous wastes.
Policy NS-4-a Processing and Storage. Require safe processing and storage of hazardous materials, consistent with the California Building Code and the Unifo rm Fire Code, as adopted by the City.
Policy NS-4-b Coordination. Maintain a close liaison with the Fresno County Environmental Health Department, Cal-EPA Division of Toxics, and the State Office of Emergency Services to assist in developing and maintaini ng hazardous material business plans, inventory statements, risk management prevention plans, and contingency/emergency response action plans.
Policy NS-4-c Soil and Groundwater Contamination Reports. Require an investigation of potential soil or groundwat er contamination whenever justified by past site uses. Require appropriate mitigation as a condition of project approval in the event soil or groundwater contamination is identified or could be encountered during site development.
Policy NS-4-e Compliance with County Program. Require that the production, use, storage, disposal, and transport of hazardous materials conform to the standards and procedures established by the County Division of Environmental Health. Require compliance with the County’s Hazardous Waste Generator Program, including the submittal and implementation of a Hazardous Materials Business Plan, when applicable.
Policy NS-4-f Hazardous Materials Facilities. Require facilities that handle hazardous materials or hazardous wastes t o be designed, constructed, and operated in accordance with applicable hazardous materials and waste management laws and regulations.
4.9.2 Impact Assessment
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 105 Less than Significant Impact. Although no specific development is currently proposed, the Project includes a Text Amendment that could increase development density in mixed use zone districts.
Mixed use zone districts do not permit manufacturing, processing, or heavy industrial uses. Rather, these zones permit residential, commercial, or office uses; such uses would not result in operations that routinely transport, use, or dispose of hazardous materials. Potential impacts during construction of future projects could result from the use of fuels and lubricants for construction equipment. However, these impacts would be short-term and temporary, and would be reduced to less than significant levels through compliance with local, state, and federal regulations in addition to standard equipment operating practices. For these reasons, the Project would have a less than significant impact.
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less than Significant Impact. As described under criterion a) above, it is not anticipated that the types of future development projects on the Project site will involve any operations that would require routine transport, use, or disposal of hazardous materials. Therefore, it is not anticipated that the Project would create a significant hazard to the public or the environment through release of hazardous materials. While potential impacts could occur through construction -related transport and disposal of hazardous materials, such impacts would be short-term and temporary, and would be reduced to less than significant levels through compliance with local, state, and federal regulations in addition to standard equipment operating practices. Therefore, the Project would have a less than significant impact.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than Significant Impact. It is anticipated that projects would develop within 0.25 mile of existing or proposed schools. However, future developments in the Project site are not anticipated to emit haz ardous emissions, handle hazardous materials, or generate hazardous waste. In addition, potential impacts from hazardous materials would be mitigated through compliance of General Plan policies under objective NS -4. Therefore, the Project would have a less than significant impact.
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?
Less than Significant Impact with Mitigation Incorporated. The California Environmental Protection Agency (EPA) Cortese List Data Resources compiles five (5) lists that provide information on
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 106 hazardous materials facilities or sites meeting the Cortese List requirements. 28 This database identifies hazardous waste facilities in accordance with Government Code Section 65962.5 . The Cortese List includes:
• List of Hazardous Waste and Substances sites from Department of Toxic Substances Control (DTSC) EnviroStor database
• List of Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker database
• List of solid waste disposal sites identified by Water Board with waste constituents above hazardous waste levels outside the waste management unit • List of “active” CDO and CAO from Water Board
• List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC There are a total of 512 sites listed in the Cortese List.
Figure 4-9 shows the mapped sites from
EnviroStor 29 and GeoTracker 30 database. Many sites are located within or near the Project site.
It is anticipated that projects could develop on a site that is included on the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. However, before development would be permitted on sites with hazardous materials, the project would be required to address any hazardous materials on site to comply with requirements of the Department of Toxic Substances Control (DTSC), Fresno County Division of Environmental Heath, and California Regional Water Quality Control Board (RWQCB). In addition, projects are subject to compliance with General Plan policies under objective NS-4.
It is acknowledged that there is a potential for historic or future activities on or near the project site to result in the release of hazardous wastes/substances on the Project site. As currently required by the Fresno Gen eral Plan (GP Policy NS -4-c) and in practice by the Planning Division’s Environmental Assessment checklist, a Phase 1 Environmental Site Assessment (ESA) is required when a project is located on a site that previously utilized by a use that has the potenti al for contamination such as agricultural uses (pesticides), gas station s, and dry cleaners. In order to address concerns raised by DTSC in a letter received on July 26, 2022, and subsequent discussion,
28 California Environmental Protection Agency. (2022). Cortese List Data Resources. Accessed on February 3, 2022, https://calepa.ca.gov/sitecleanup/corteselist/
29 California Department of Toxic Substances Control. Envirostor . Accessed February 3, 2022, https://www.envirostor.dtsc.ca.gov/public/map/?global_id=38330005 30 California State Water Resources Control Board. GeoTracker. Accessed Februar y 3, 2022, https://www.envirostor.dtsc.ca.gov/public/
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 107 a Phase 1 ESA will be performed on all sites proposed for residential development within the Project Area . Mitigation Measure HAZ -1 has been added to the Mitigation Monitoring and Reporting Checklist dated August 2022.
Mitigation Measure HAZ -1: For all projects proposing residential development, a Phase I Environmental Site Assessment (ESA) is required prior to project approval.
In addition to this, DTSC was concerned that fill from contaminated sites could be brought to some of these residential development sites. In order to address this concerns MM HAZ -2 has been added.
Mitigation Measure HAZ-2: For all projects proposing to utilize fill material from a site containing or formerly containing an undesirable use proper soil testing shall be conducted to ensure soil is free of contamination . Sampling of imported soil shall follow “DTSC’s 2001 Information Advisory Clean Imported Fill Material” (Advisory).
Therefore, the Project would have a less than significant impact with mitigation incorporated.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 108
Figure 4-9 Hazardous Waste Sites
(left: GeoTracker database 495 sites, right: EnviroStor database 12 sites)
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 109 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less than Significant Impact. There are three (3) airports located in the city of Fresno: Fresno - Yosemite International Airport, Fresno Chandler Executive Airport, and Sierra Sky Park (private).
According to the Fresno County Airport Land Use Compatibility Plan (ALUCP), several parcels of the Project site are within the Airport Influence Area (AIA). As such , future development projects that are within the AIA are subject to review by the Fresno County Airport Land Use Commission (ALUC) and/or subject to verification of compliance with the ALUCP to determine land use compatibility and receive a finding of consistency. “Safety zone land use compatibility standards” are established for AIAs to restrict development of land uses that could pose hazards to public or vulnerable populations in case of an aircraft accident. In addition to compliance with regulations set forward in the ALUCP, development projects are subject to compliance with the Fresno General Plan objective NS-5 policies NS-5-a to NS-5-e. In addition, the ALUCP supersedes the FMC and Fresno General Plan. Thus, future projects in mixed -use zones that are within safety zones 1 to 5 as del ineated by the ALUCP would be subject to compliance with density and development standard restrictions established in the Plan. Staff would verify compliance prior to project approval. Therefore, through compliance with the ALUCP, the Project would not result in a safety hazard for people residing or working in the area and impacts would be less than significant.
OBJECTIVE NS-5 Protect the safety, health, and welfare of persons and property on the ground and in aircraft by minimizing exposure to airport-related hazards.
Policy NS-5-a Land Use and Height. Incorporate and enforce all applicable Airport Land Use Compatibility Plans (ALUCPs) through land use designations, zoning, and development standards to support the continued viability and flight operations of Fresno’s airports and to protect public safety, health, and general welfare.
• Limit land uses in airport safety zones to those uses listed in the applicable ALUCPs as compatible uses, and regulate compatibility in terms of location, height, and noise. • Ensure that development, including public infrastructure projects, within the airport approach and departure zones complies with Part 77 of the Federal Aviation Administration Regulations (Objects Affecting Navigable Airspace), particularly in terms of height.
Policy NS-5-b Airport Safety Hazards. Ensure that new development, including public infrastructure projects, does not create safety hazards such as glare from direct or reflective sources, smoke, electrical interference, hazardous chemicals, fuel storage, or from wildlife, in violation of adopted safety standards.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 110 Policy NS-5-c Avigation Easements. Employ avigation easements in order to secure and protect airspace required for unimpeded operation of publicly owned airports.
Policy NS-5-d Disclosure. As a condition of approval for residential development projects, require sellers to prepare and provide State Department of Real Estate Disclosure statements to property buyers notifying of noise and safety issues related to airport operations.
Policy NS-5-e Planned Expansion. Allow for the orderly expansion and improvement of publicly owned airports, while minimizing adverse environmental impacts associated with these facilities.
• Periodically update airport facility master plans in accordance with FAA regulations. • Require land use within the boundaries of the Fresno -Yosemite International Airport and Chandler Downtown Airport to conform to designations and policies specified in adopted City of Fresno compatible land use plans.
• Provide local jurisdictions surrounding the City's publicly owned airports with specific guidelines for effectively dealing with the presence and operation of these airports. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. Future projects would be reviewed to ensure that they do not impair infrastructure associated with evacuation, emergency response, and emergency access routes within the City or County. Construction of off- site improveme nts may require lane closures; however, these activities would be short- term and access through existing roadways would be maintained through standard traffic control. Furthermore, future development projects would be subject to compliance with applicable standards for on-site emergency access including turn radii and fire access. In addition, development projects would not i mpede the implementation of General Plan objective NS-6 policies NS-6-a to NS-6-g. Therefore, through the development review process and General Plan compliance, the P roject would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant.
OBJECTIVE NS-6 Foster an efficient and coordinated response to emergencies and natural disasters.
Policy NS-6-a County Multi -Jurisdiction Hazard Mitigation Plan. implement the Fresno County Multi -Jurisdiction Hazard Mitigation Plan and City of Fresno Local Hazard Mitigation Plan Annex.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 111 Policy NS-6-b Disaster Response Coordination. Maintain coordination with other local, State, and Federal agencies to provide coordinated disaster response.
Policy NS-6-c Emergency Operations Plan. Update the City’s Emergency Operations Plan periodically, using a whole community approach which integrates considerations for People with access and functional needs in all aspects of planning.
Policy NS-6-d Evacuation Planning. Maintain an emergency evacuation plan in consultation with the Police and Fire Departments and other emergency service providers, which shows potential evacuation routes and a list of emergency shelters to be used in case of catastrophic emergencies.
Policy NS-6-e Critical Use Facilities. Ensure critical use facilities (e.g. City Hall, police and fire stations, schools, hospitals, public assembly facilities, transportation services) and other structures that are important to protecting health and safety in the community remain operational during an emergency.
• Site and design these facilities to minimize their exposure and susceptibility to flooding, seismic and geological effects, fire, and explosions.
• Work with the owners and operators of critical use facilities to ensure they can provide alternate sources of electricity, water, and sewerage in the event that regular utilities are interrupted in a disaster.
Policy NS-6-f Emergency Vehicle Access. Require adequate access for emergency vehicles in all new development, including adequate widths, turning radii, hard standing areas, and vertical clearance.
Policy NS-6-g Emergency Preparedness Public Awareness Programs. Continue to conduct programs to inform the general public, including people with access and functional needs, of the City’s emergency preparedness and disaster response procedures. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
Less than Significant Impact. According to the Fresno General Plan, wildfire threats to Fresno are minimal because the city is largely urbanized or working agricultural land and lacks steep topographies. Although the city is proximate to high and very high fire hazard designated area, the urbanized area is categorized as little or no threat or moderate fire hazard which is attributed to its paved areas. Furthermore, the Project site is not identifi ed by the California Department of Forestry and Fire Protection (Cal Fire) as a Very High Fire Hazard Severity Zone (VHFHSZ) within
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 112 the Local Responsibility Area.31 In addition, the Project would generate development in mixed use zone districts with structures that could be occupied by humans; as such, the structure shall be constructed in adherence to the Wildland Urban Interface Codes and Standards of the California Building Code Chapter 7A. Compliance with such regulations would ensure that the Project meets standards to help prevent loss, injury, or death involving wildland fires. For these reasons, the Project would have a less than significant impact.
4.9.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the hazard related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Checklist dated August 2022.
31 California Department of Forestry and Fire Protection. FHSZ Viewer. Accessed on February 3, 2022, https://egis.fire.ca.gov/FHSZ/.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 113
4.10 HYDROLOGY AND WATER QUALITY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Violate any water quality standards
or waste discharge requirements
or otherwise substantially degrade
surface or ground water quality?
X
b) Substantially decrease
groundwater supplies or interfere
substantially with groundwater
recharge such that the project may
impede sustainable groundwater
management of the basin?
X
c) Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a stream
or river, or through the addition of
impervious surfaces, in a manner
which would:
X
i. Result in a substantial
erosion or siltation on - or
off-site;
X
ii. Substantially increase the
rate or amount of surface
runoff in a manner which
would result in flooding on-
or off-site:
X
iii. Create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater
drainage systems or
provide substantial
X
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 114 additional sources of
polluted runoff; or
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
4.10.1 Environmental Setting
Water
City of Fresno Water Division
The City of Fresno Water Division manages and operates the City of Fresno’s water system. The City’s water system consists of about 1,880 miles of distribution and transmission mains, 271 municipal groundwater wells, three surface water treatment plants, five water storage facilities with pump stations, and three booster pump stations. The water system covers approximately 115 square miles and serves a population of about 550,200. Fresno meets its demand for domestic water from a combination of groundwater, treated surface water, and reclaimed water sources. Groundwater is accessed from the Kings River Sub -basin of the San Joaquin Valley Groundwater Basin, while surface water from the Central Valley Project on the San Joaquin River and Fresno Irrigation District on the Kings River, which are treated at the Northeast Surface Water Treatment Facility, and the Southeast Surface Water Treatment Facility , and T -3 Water Storage and Surface Water Treatment Facility . Surface water is also used to replace lost replenish the groundwater aquifer through Fresno’s recharge program at the City -owned Leaky Acres, Nielsen Recharge Facility, and smaller facilities in southeast Fresno through a cooperative agreement with the Fresno Metropolitan Flood Control District to utilize over seventy ponding basins across the city.
Bakman Water Company
Bakman Water Company is a Class “B” water utility that has served the community since 1948 and currently provides water service to a population of approximately 17,000 – 18,000 people in southeast Fresno. Figure 4-10 shows Bakman’s service area within the City of Fresno environ .
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 115 Bakman’s infrastructure system includes 13 groundwater wells , distribution lines, water tanks, pumping stations, etc. Bakman is regulated by the California Public Utilities Commission (CPUC) to provide service to all commercial, residential, or industrial customer within its service area. There are 343 mixed-use parcels totaling approximately 323.3 acres within Bakman’s service area, which is 8.4% of the area of all mixed-use parcels (Project Area). Of these mixed-use parcels, 88 parcels, totaling approximately 85.6 acres, are within the area proposed for ministeri al approval, and of those, currently four (4) parcels, approximately 5.9 acres, are identified as vacant and underutilized. Consequently, the redistribution of density is not concentrated in the Bakman service area.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 116
Figure 4-10 City of Fresno Water Service Areas
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 117 Stormwater
The Fresno Metropolitan Flood Control District (FMFCD) manages stormwater runoff in Fresno.
The major elements of the FMFCD’s flood control system include dams, reservoirs, and detention basins. The FMFCD is responsible for reviewing development proposals to assess drainage and flood control impacts and needs, in addition to determining applicable requirements and modifications needed in order to implement the Storm Drainage and Flood Control Master Plan.
4.10.2 Impact Assessment
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact. Development of sites that are greater than one (1) acre in size are required to prepare a SWPPP in compliance with the General Permit for Discharges of Storm Water Associated with Construction Activity (i.e., General Permit Order No. 2012 -0006-DWQ). The SWPPP estimates the sediment risk associated with construction activities and includes best management practices (BMP) to control erosion. BMPs specific to erosion control cover erosion, sediment, tracking, and waste management controls. Implementation of the SWPPP minimizes the potential for the developments to result in substantial soil erosion or loss of topsoil. These provisions minimize the potential for developments to violate any waste discharge requirements or otherwise substantially degrade surface or ground water quality. Further, runoff resulting from developments would be managed by the FMFCD in compliance with the Storm Drainage and Flood Control Master Plan in addition to approved grading and drainage plans. Thus, compliance with existing regulations including the General Construction Permit, BMPs, and Storm Drainage and Flood Control Master Plan would reduce potential impacts related to water quality and waste discharge to less than significant levels.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less than Significant Impact. The City’s long-term water resource planning for existing and future demand is addressed in the City’s 2020 Urban Water Management Plan (UWMP). 32 According to the UWMP, water demand in the city has decreased over the past two (2) decades and is expected
32 City of Fresno (2021). 2020 Urban Water Management Plan. Accessed October 6, 2021, https://www.fresno.gov/publicutilities/wp-content/uploads/sites/16/2021/06/Fresno-2020-UWMP_Public- Draft_2021-06-29.pdf
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 118 to grow at a slower rate than the anticipated population growth. This trend is captured by the daily per capita water use, measured as gallons per capita per day (GPCD). For 2020, water use averaged 198 GPCD based on 121,993 acre -feet (AF) of water production. Of note, this GPCD is below the 2020 daily per capita water use target of 247 GPCD, which the UWMP attributes to conservation efforts implemented by the City.
According to the UWMP, the City’s per capita water usage is projected to continue to decline through 2045 due to more water efficiency in future construction and passive conservation pursuant to requirements of the California Plumbing Code (e.g., use of higher efficiency appliances, water efficient landscaping, etc.).
According to the PEIR, “the projected water demand for the City at full build out of the approved General Plan, based on a population of 970,000 and a per capita water demand of 247 gpcd from the 2015 UWMP, would be 268,375 AF/year… The 2015 UWMP, assuming treated water supplies, recycled water supplies, and pumped groundwater remain the same, the total supply of water would be 366,200 AF/year. Although the projected water supply may change based on updated agreements with water providers, water supply projected in the UWMP would be m ore than the buildout demand.” As discussed above, although the text amendment will increase density, th e overall increases will not result in an overall population increase beyond that analyzed in the General Plan. Rather, it will redistribute population to infill areas. Thus, the impacts to groundwater supplies from the proposed project will not be beyond those analyzed in the PEIR. In addition, because of the higher density anticipated from the proposed project, proposed infrastructure such as recycled water system will be more efficient when associated with future development that results from the proposed project.
In addition, given that the project has the potential to redistribute residential growth within the City to these mixed-use zoned properties, a comparison was done between water usage for single family residential uses (medium low density residential uses) and high -density residential uses.
This was done because medium low- density development is the most common residential development in the City of Fresno, and the proposed project has the potential to facilitate high density development in the Project Area. Potable water demands for the Project were estimated using land-use-based unit water demand factors last updated for the City in 2018. As shown in Table 4-16, high density residential uses have more than 3 ½ times less water demand per unit than medium low-density development. Thus, from an overall system perspective, the proposed project will no t decrease groundwater supplies or interfere substantially with groundwater recharge.
Table 4-6 Water Demand Factors by Land Use Classification Residential Land Use Maximum Density Allowed (du/ac) Demand Factor (AF/ac) (AF/dwelling unit)
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 119 Medium Low Density 6 3.14 0.5233
Medium High Density 16 4.89 0.3056
High Density 45 6.51 0.1447
Source: 2018 Water Demand Factors by Land Use Classification, City of Fresno In addition, as discussed in the PEIR, General Plan Objective RC-6, policies RC-6-a through RC-6-e and RC-6-I, Objective RC-7, policies RC-7-a through RC-7-h, Policy PU-7-d, Policy PU-7-d, Objective PU-8, and policies PU-8-a PU-8-g would reduce the potential for groundwater overdraft impacts.
For the reason notes above, the impacts from the project would be less than significant. 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? Less than Significant Impact. Erosion is a natural process in which soil is moved from place to place by wind or from flowing water. The effects of erosion within the Project Area can be accelerated by ground-disturbing activities associated with development. Siltation is the settling of sediment to the bed of a stream or lake which increases the turbidity of water. Turbid water can have harmful effects to aquatic life by clogging fish gills, reducing spawning habitat, and suppress aquatic vegetation growth.
Fresno is not susceptible to soil erosion except for areas of the San Joaquin River bluff. The Project site is not within the San Joaquin River bluff. However, implementation of the proposed Project would result in the development of vacant and underutilized lands. These lands include bare soils, which are more susceptible to erosion than an already developed urban land, thus it is expected erosion would occur on-site. Per the FMC, development projects that are larger than one (1) acre are required to provide a Stormwater Pollution P revention Plan (SWPPP), where construction- related erosion controls and BMPs would be implemented to reduce potential impacts related to erosion and siltation. These BMPs would include, but are not limited to, covering and/or binding soil surfaces to prevent soil from being detached and transported by water or wind, and the use of barriers such as straw bales and sandbags to control sediment. Together, the controls and BMPs are intended to limit soil transportation and erosion.
In addition, future development of the Project site would increase impervious surfaces by installing paving, concrete pads, and sidewalks. FMFCD will review these specific projects to ensure adequate discharge and capture stormwater runoff. For instance, the proposed drainage pattern would be required to be constructed per regulations of the Storm Drainage and Flood Control Master Plan and would be reviewed by the FMFCD to ensure proper drainage. Consequently, the
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 120 review and approval by the FMFCD and compliance with standard requirements would mean that the Project would result in a less than significant impact. ii. Substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site?
Less than Significant with Mitigation Incorporated. While no development is proposed for the Project, future development would be subject for review by the FMFCD to ensure adequate discharge of surface runoff. Future developments are required to comply with the Storm Drainage and Flood Control Master Plan and project -specific grading and drainage plans are subject to review by the FMFCD prior to the final development approval. Therefore, provision of private facilities and possible temporary facilities would be subject to approval by the FMFCD would ensure that surface runoff is controlled in a manner which would not result in flooding on- or off- site.
In addition to this, the Fresno Metropolitan Flood Control District reviewed the information provided regarding the proposed Text Amendment to increase the zoning density for the five (5) zone districts within the City of Fresno and didn’t observe any major impact with the increased densities in areas where the storm drainage system has already accommodated the mixed -use zoning.
The District ind icated that where no drainage facilities have been constructed, the District’s drainage system can be revised to accommodate increased density that respect the City’s text amendment. Increasing the density in areas where facilities are already constructed creates additional runoff that could adversely affect existing storm drainage system facilities and may even potentially produce flooding in locations where the District’s Master Plan storm drainage system is complete. Any proposal to increase densities wh ere facilities are already constructed would most likely require mitigation for any increase in the site storm water runoff. Such mitigation shall be in the form of on-site retention or, possibly, storm drainage system modifications.
Mitigation Measure HYD-1: For projects within the Priority Development Areas, proposed at a density exceeding the maximum density currently permitted in the mixed- use district (16 du/ac in CMS, CR, and NMX, 30 du/ac in the CMX, and 45 du/ac in the RMX) in areas where storm dr ain facilities are already constructed, on- site retention or storm drainage system modifications are required. Projects proposed outside this area shall comply with General Plan PEIR mitigation measures related to stormwater , as identified as Mitigation Measures HYD-2, HYD-3, HYD-4, and HYD-5 in the MMRP.
For these reasons, a less than significant impact would occur because of the Project with mitigation incorporated.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 121 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?
Less than Significant with Mitigation Incorporated. FMFCD adopted the 2016 District Services Plan which includes strategies and actions to control and mange flood, storm, surface, and ground water resources to prevent damage and inconvenience from flood and storm water in the district. Specifically, the local d rainage program relates to the collection and safe disposal of stormwater runoff generated within the drainage areas. The local storm water drainage system includes 164 adopted or proposed drainage areas.
Implementation of the Project site is expected to increase the impervious surface area, however, not beyond the extent of the General Plan . According to the PEIR, “The change in land uses resulting from continued implementation of the approved General Plan would substantially increase the sources of pollution in stormwater runoff by converting undeveloped, agricultural uses to urban uses. The increase in sources would result from the increased number of landowners and uses that would occur within the Planning Area. ” As discussed above, although the text amendment will increase density, it does not increase the area and location for urban uses beyond that analyzed in the General Plan. Nor would the Project result in an overall population increase beyond that analyzed in the General Plan. As such, the overall impacts due to increased runoff sources from the proposed Project will not be beyond those analyzed in the PEIR.
In addition, as discussed in the PEIR, General Plan Policies NS -3-a, NS-3-b, NS-3-e, NS-3-h, NS-3-l, and POSS-6-b would reduce th e potential impacts on capacities of existing storm drain facilities and water quality . Also, the City of Fresno is a co -permittee in the Phase 1 NPDES Permit for Stormwater Discharges From Municipal Separate Storm Sewer Systems (MS4s). The Phase 1 MS4 permit implements protection measures that ensures water discharge does not violate water quality standards.
Pre-consultation was received from the FMFCD on December 29, 2021. The District’s comments are as follows:
• No major impact in areas where storm drainage system has already accommodated the mixed use zoning, such as infill areas of the proposed bus rapid transit corridors along Kings Canyon, Blackstone Avenue, Shaw Avenue and the downtown area.
Increasing the density in areas where facilities are a lready constructed creates additional runoff that could adversely affect existing storm drainage system facilities and may even potentially produce flooding in locations where the District’s Master Plan storm drainage system is complete. Any proposal to increase densities where facilities
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 122 are already constructed would most likely require mitigation for any increase in the site storm water runoff. Such mitigation shall be in the form of on -site retention or, possibly, storm drainage system modifications.
• In areas with no drainage facilities constructed, the District’s drainage system can be revised to accommodate increased density that respect the City’s text amendment.
According to FMFCD review of the Project, the initial study incorporates Mitigation Measure HYD- 6 to mitigate for the increased density of project- specific developments in areas where storm drainage systems are already accommodated . In addition, the implementation of Mitigation Measures HYD-2 through HYD-5 requires that development projects to coordinate with FMFCD to determine specific impacts and measures to reduce impacts to less than significant.
Mitigation Measure HYD-2: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP collection systems:
• Coordinate with FMFCD to implement the existing Storm Drainage and Flood Control Master Plan (SDFCMP) for collection systems in drainage areas where the amount of imperviousness is unaffected by the change in land uses. • Coordinate with FMFCD to update the SDFCMP in those drainage areas where the amount of imperviousness increased due to the change in land uses to determine the changes in the collection systems that would need to occur to provide adequate capacity for the stormwater runoff from the increased imperviousness. • As development is proposed, implement current SDFCMP to provide stormwater collection systems that have sufficient capacity to convey the peak runoff rates from the areas of increased imperviousness.
• Require developments that increase site imperviousness to install, operate, and maintain FMFCD approved on-site detention systems to reduce the peak runoff rates resulting from the increased imperviousness to the peak runoff rates that will not exceed the capacity of the existing stormwater collection systems. (General Plan PEIR Mitigation Measures HYD-3.1)
Mitigation Measure HYD-3: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SD FCMP retention basins: Prior to approval of development projects, coordinate with FCMFCD to analyze the impacts to existing and planned retention basins to determine remedial measures required to reduce the impact on retention basin capacity to less than significant. Remedial measures would include:
• Increase the size of the retention basin through the purchase of more land or deepening the basin or a combination for planned retention basins.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 123 • Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce runoff volume to the runoff volume that will not exceed the capacity of the existing retention basins. (General Plan PEIR Mitigation Measures HYD-3.2)
Mitigation Measures HYD-4: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP urban detention (stormwater quality) basins: Prior to approval of development projects, coordinate with FMFCD to determine the impacts to the ur ban detention basin weir overflow rates and determine remedial measures required to reduce the impact on the detention basin capacity to less than significant. Remedial measures would include:
• Modify overflow weir to maintain the suspended solids removal r ates adopted by the FMFCD Board of Directors.
• Increase the size of the urban detention basin to increase residence time by purchasing more land. The existing detention basins are already at the adopted design depth. • Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce peak runoff rates and runoff volume to the runoff rates and volumes that will not exceed the weir overflow rates of the existing urban detention basins. (General Plan PEIR Mitigation Measures HYD-3.3) Mitigation Measure HYD-6: If the project proposes a density that is higher than the maximum density before Text Amendment No. P22-02413, in an area where drainage facilities are already constructed, the project should propose the installation of an on-site retention, modification of storm drainage system , or other measures approved by the FMFCD, to provide adequate drainage for the site ’s storm water runoff. All proposals for increasing density in such drainage systems must be reviewed and approved by the District on a case-by-case basis to determine the ability to accommodate the proposal. iv. Impede or redirect flood flows?
Less than Significant with Mitigation Incorporated . Although the construction of the proposed Project would increase impervious surface s, the development of the Project site would not alter drainage patterns because project-specific grading and drainage plans are required to be reviewed by the FMFCD before development approval. Further, the Project is subject to Mitigation Measures listed in the criterion above to ensure adequate drainage. As a result, the Project would not impede or redirect flood flows and a less than significant impact would occur as a result.
Mitigation Measures HYD -5: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP pump disposal systems:
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 124 • Prior to approval of development projects, coordinate with FMFCD to determine the extent and degree to which the capacity of the existing pump system will be exceeded. •
Require new developments to install, operate, and maintain on-s ite detention facilities,
consistent with FMFCD design standards, to reduce peak stormwater runoff rates to existing planned peak runoff rates.
•
Provide additional pump system capacity to maximum allowed by existing permitting to increase the capacity to match or exceed the peak runoff rates determined by the SDFCMP. (General Plan PEIR Mitigation Measures HYD-3.4) d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Less than Significant Impact. The Project site is not in a flood hazard, tsunami, or seiche zone (i.e., standing waves on river, reservoirs, ponds, and lakes); there are no oceans, rivers, reservoirs, ponds, or lakes on or within the site and its vicinity. Areas in the city of Fresno that are subject to the 100-year frequency flood zone are along th e San Joaquin River below the bluffs . As such, the Project site is in an area of minimal flood hazards. In addition, the City of Fresno has historically been subject to low to moderate ground shaking and has a relatively low probability of shaking.
As such , s eiches are unlikely to form due to the low seismic energy produced in the area.
Therefore, as a low- risk area, a less than significant impact as it relates to the risk release of pollutants due to project inundations would occur as a result of the Project. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. A groundwater sustainability plan was adopted for the Kings Groundwater Sub-basin on November 21, 2019, b y the North Kings Groundwater Sustainability Agency, of which the City of Fresno is a member. 33 The Project is required to comply with the adopted plan (North Kings Groundwater) to meet the 2040 sustainability deadline for the basin.
Surface water will largely be the source of supply in wet hydrologic periods, groundwater will be used in a managed manner in normal hydrologic periods and relied upon more in very dry periods.
Through 30 years of diligent water resource planning and construction of surface water treatment facilities, the City has largely attained the balanced use of groundwater supplies well ahead of the legislative requirement of 2040, thus making the City compliant with the North Kings Groundwater Sustainability Plan goals. As mentioned in criterion a), impacts to groundwater supplies from the
33 North Kings Groundwater Sustainability Agency (2020). Groundwater Sustainability Plan. Accessed October 6, 2021, https://northkingsgsa.org/groundwater-sustainability-plan/
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 125 proposed project will not be beyond those analyzed in the PEIR. For these reasons, a less than significant impact would occur because of the Project.
4.10.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the hydrology and water quality related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Program dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 126
4.11 LAND USE PLANNING
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Physically divide an established
community? X
b) Cause a significant environmental
impact due to a conflict with any
land use plan, policy, or regulation
adopted for the purpose of
avoiding or mitigating an
environmental effect?
X
4.11.1 Environmental Setting
The Project site is within the city limits of Fresno and is zoned and planned for mixed -use development. The Project site is located in an area generally characterized by urban development.
The majority of the site is situated along major transit corridors and throughways.
Implementation of the Project is expected to introduce a n increase in the density of residential projects within the mixed -use zone districts. Though the Project does not include physical development, future development projects would be required to provide street frontage improvements, including pavement, curb, gutter, sidewalks, streetlights, etc.
4.11.2 Impact Assessment
a) Physically divide an established community?
Less than Significant Impact. Typically, physical division of an established community would occur if a project introduced new incompatible uses inconsistent with the planned or existing land uses or created a physical barrier that impeded access within the community. Typical examples of physical barriers include the introduction of new, intersecting roadways, roadway closures, and construction of new major utility infrastructure (e.g., transmission lines, storm channels, etc.).
In the Project Area, existing land uses include all types of urban development. The surrounding areas are zoned and planned for a mix of urbanized uses. The Project would include a text amendment to allow development with higher densities on the subject sites. Future development projects would still be regulated by all other existing development standards and zoning regulations, including height, landscaping, setbacks, improvements, right- of-way dedications,
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 127 open space, parking, and permitted uses etc. As such, projects would be consistent and therefore compatible with the existing uses surrounding the Project site.
As such, the Project does not r epresent a significant change in the surrounding area as it will be developed according to existing standards and regulations. In addition, anticipated new roadways are included in the Circulation Element of the General Plan and thus are assessed in the PEIR. For these reasons, the Project would not result in the physical divide of an established community and would thereby have a less than significant impact.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. Although the increase of the density of mixed-use zones is proposed, policy conflicts are environmental impacts only when they would result in direct physical impacts or where those conflicts relate to avoiding or mitigating environmental impacts. As such, associated physical environmental impacts are discussed in this document under specific topical sections, such as Biological Resources, Cultural Resources, and Tribal Cultural Resources. However, a discussion of certain land use plans, policies, and regulations that are applicable to the proposed Project are included below.
Table 4-6 provides a comparison of the Project’s characteristics with all applicable policies included in the General Plan as they relate to land use issues for mixed use districts. As discussed below, the proposed Project is generally consistent with the General Plan.
Table 4-7 Discussion on Land Use Policies in the General Plan General Plan Policy Project Consistency
Policy LU -6-d Neighborhood and Communi ty
Commercial Center Design. Plan for neighborhood
mixed use and community commercial uses to
implement the Urban Form concepts of this Plan,
promote the stability and identity of neighborhoods
and community shopping areas, and allow efficient
access without compromising the operational
effectiveness of the street system.
The Project does not conflict with this policy since it does not change any development standard
regarding form and the Project does not propose
changes in land use. As such, the Proj ect would be
reviewed for compliance with the General Plan
during the entitlement process of future
development projects.
Overall, the entitlement process of future development projects that result from the Project would ensure that the Project complies with the General Plan, FMC, and any other applicable policies. As such, the Project would have a less than significant impact.
4.11.3 Mitigation Measures
None Required.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 128
4.12 MINERAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in the loss of availability of a
known mineral resource that
would be of value to the region and
the residents of the state?
X
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
X
4.12.1 Environmental Setting
The California Geological Survey (CGS) classifies and designates areas within California that contain or potentially contain significant mineral resources. Lands are classified into Aggregate and Mineral Resource Zones (MRZs), which identify known or infer red significant mineral resources.
According to the California Department of Conservation, CGS’s Surface Mining and Reclamation Act (SMARA) Mineral Lands Classification (MLC) data portal, the nearest mineral resource areas to the city of Fresno are in the San Joaquin and Kings River areas which are classified as Mineral Resource Zone (MRZ)- 2. As shown in
Figure 4-10, the Project site is not located within the MRZ zone.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 129
Figure 4-11 Mineral Land Classification Map
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 130
4.12.2 Impact Assessment
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
No Impact. The Project site is not located in an area designated for mineral resource preservation or recovery. Therefore, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Therefore, no impact would occur as a result of the Project.
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. As described above, the Project site is not located in an area designated for mineral resource preservation or recovery and as a result, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Further, the site is not delineated on the General Plan, a Specific Plan, or other land use plan as a locally important mineral resource recovery site, thus it would not result in the loss of availability of a locally important mineral resource. Therefore, no impact would occur as a result of the Project.
4.12.3 Mitigation Measures
None Required.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 131
4.13 NOISE
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generation of a substantial
temporary or permanent increase
in ambient noise levels in the
vicinity of the project in excess of
standards established in the local
general plan or noise ordinance, or
applicable standards of other
agencies?
X
b) Generation of excessive
groundborne vibration or
groundborne noise levels?
X
c) For a project located within the
vicinity of a private airstrip or an
airport land use plan or, where
such a plan has not been adopted,
within two miles of a public airport
or public use airport, would the
project expose people residing or
working in the project area to
excessive noise levels?
X
4.13.1 Environmental Setting
An Environmental Noise Assessment was prepared by WJV Acoustics on April 12, 2022. Appendix E provides the full assessment report. The following includes the analysis in the Assessment.
General Plan
The City of Fresno General Plan Noise Element provides noise level criteria for land use compatibility for both transportation and non-transportation noise sources. The General Plan sets noise compatibility standards for transportation noise sources in terms of the Day -Night Average Level (Ldn). The L dn represents the time- weighted energy average noise level for a 2 4-hour day, with a 10 dB penalty added to noise levels occurring during the nighttime hours (10:00 p.m. -7:00 a.m.). The Ldn represents cumulative exposure to noise over an extended period of time and are
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 132 therefore calculated based upon annual average conditions. Table 4-7 provides the General Plan noise level standards for transportation noise sources.
Table 4-8 City of Fresno General Plan Noise Level Standards - Transportation (Non-Aircraft) Noise Sources Noise-Sensitive Land Use Outdoor Activity Areas1 Interior Space Ldn/CNEL, dB Ldn/CNEL, dB Leq dB2
Residential 65 45 -
Transient Lodging 65 45 -
Hospitals, Nursing Homes 65 45 -
Theaters, Auditoriums, Music Halls - - 35
Churches, Meeting Halls 65 - 45
Office Buildings - - 45
Schools, Libraries, Museums - - 45
1 Where the location of the outdoor activity areas is unknown or is not applicable, the exterior noise level standard shall be applied to the property line of the receiving land use. 2 As determined for a typical worst-c ase hour during periods of use.
Source: City of Fresno General Plan
Implementation Policy NS -1-a of the General Plan provides guidance in regards to the development of new noise sensitive land uses (including residential developments).
Desirable and Generally Acceptable Exterior Noise Environment. Establish 65 dBA Ldn or CNEL as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise -se
nsitive uses for noise, but designate 60 dBA L dn or
CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise- se
nsitive uses. Maintain 65 dBA L dn or CNEL as the maximum average exterior noise levels for non
-se
nsitive commercial land uses, and maintain 70 dBA Ldn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties.
The General Plan also provides noise level standards for non -tr ansportation (stationary) noise sources. The General Plan noise level standards for non-tr ansportation noise sources are identical
to those provided in the City’s Municipal code, provided below in Table 4-8.
Implementation Policy NS-1-i of the General Plan Noise Element provides guidance in regards to mitigation for new developments and projects that have potential to result in a noise -r
elated
impact at existing noise
-s
ensitive land uses.
Mitigation by New Development. Require an acoustical analysis where new development of industrial, commercial or other noise generating land uses (including transportation facilities such as roadways, railroads, and airports) may result in noise levels that exceed the noise level exposure criteria established by
Table 4-7 and Table 4-8 to determine impacts, and require developers to
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 133 mitigate these impacts in conformance with Tables 9- 2 and 9-3 as a condition of permit approval through appropriate means.
Noise mitigation measures may include:
• The screening of noise sources such as parking and loading facilities, outdoor activities, and mechanical equipment;
• Providing increased setbacks for noise sources from adjacent dwellings; • Installation of walls and landscaping that serve as noise buffers; • Installation of soundproofing materials and double-glazed windows; and • Regulating operations, such as hours of operation, including deliveries and trash pickup.
Alternative acoustical designs that achieve the prescribed noise level reduction may be approved by the City, provided a qualified Acoustical Consultant submits information demonstrating that the alternative desi gns will achieve and maintain the specific targets for outdoor activity areas and interior spaces. As a last resort, developers may propose to construct noise walls along roadways when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility, with no City funding.
Implementation Policy NS-1-j of the General Plan Noise Element provides guidance in regards to the establishment of a significance threshold when determining an increase in noise levels over existing ambient noise levels.
Significance Threshold. Establish, as a threshold of significance for the City's environmental review process, that a significant increase in ambient noise levels is assumed if the project would increase noise levels in the immediate vicinity by 3 dB Ldn or CNEL or more above the ambient noise limits established in this General Plan Update.
Commentary: When an increase in noise would result in a “significant” impact (increase of three dBA or more) to residents or businesses, then noise mitigation would be required to reduce noise exposure. If the increase in noise is less than three dBA, then the noise impact is considered insignificant and no noise mitigation is needed. By setting a specific threshold of significance in the General Plan, this policy facilitates making a determination of environmental impact, as required by the California Environmental Quality Act. It helps the City determine whether (1) the potential impact of a development project on the noise environment warrants mitigation, or (2) a statement of overriding considerations will be required.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 134 Municipal Code
Section 15-2 506 of the City of Fresno Municipal code establishes hourly acoustical performance standards for non-tr
ansportation noise sources. The standards, provided in Table 4-8, are made more restrictive during the nighttime hours of 10:00 p.m. to 7:00 a.m. Additionally, the municipal code states that when ambient noise levels exceed or equal the levels described in Table 4 -8, mitigation shall only be required to limit noise to the existing ambient noise levels, plus five (5) dB.
Section 15
-2
506 of the Municipal Code is consistent with Implementing Policy NS-1-I o f the Noise
Element of the City of Fresno General Plan (adopted 12/18/14).
Table 4-9 Non-Transportation Noise Level Standards, dBA – City of Fresno Municipal Code, Section 15-2506 Daytime (7 a.m. – 10 p.m.) Nighttime (10 p.m. – 7 a.m.) Leq Lmax Leq Lmax
50 70 45 60
Source: City of Fresno Municipal Code
Additional guidance is provided in Section 10 -1 02(b) of the City’s Municipal Code. Section 10 provides existing ambient noise levels to be applied to various districts, further divided into various hours of the day.
Table 4-9 describes the assumed minimum ambient noise levels by district and time. Section 10-1
02(b) states “For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen minutes, without inclusion of the offending noise, at the location and time of day at which a comparison with the offending noise is to be made. Where the ambient noise level is less than that designated in this section, however, the noise level specified herein shall be deemed to be the ambient noise level for that location”.
Table 4-10 Assumed Minimum Ambient Noise Level, dBA - City of Fresno Municipal Code, Section 10-102(B) District Time Sound Level, dB Leq
Residential 10 PM to 7 AM 50
Residential 7 PM to 10 PM 55
Residential 7 AM to 7 PM 60
Commercial 10 PM to 7 AM 60
Commercial 7 PM to 10 PM 65
Industrial ANYTIME 70
Source: City of Fresno Municipal Code
Section 10- 106 (Prima Facie Violation) States “Any noise or sound exceeding the ambient noise level at the properly line of any person offended thereby, or, if a condominium or apartment house, within any adjoining living unit, by more than five decibels shall be deemed to prima facie evidence of a violation of Section 8
-
305.”
F
or noise sources that are not transportation related, which usually includes commercial or industrial activities and other stationary noise sources (such as amplified music), it is common to assume that a 3
-5
dB increase in noise levels represents a substantial increase in ambient noise
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 135 levels. This is based on laboratory tests that indicate that a 3 dB increase is the minimum change perceptible to most people, and a 5 dB increase is perceived as a “definitely noticeable change.” Appendix A , Acoustic Terminology, contained in Appendix E, Environmental Noise Assessment. provides definitions of the acoustical terminology used in this report. Unless otherwise stated, all sound levels reported in this analysis are A -weighted sound pressure levels in decibels (dB). A - weighting de-emphasizes the very low and very high frequen cies of sound in a manner similar to the human ear. Most community noise standards utilize A-weighted sound levels, as they correlate well with public reaction to noise. Appendix B, Examples of Sound Levels, contained in Appendix E provides typical A-weighted sound levels for common noise sources.
Noise Study Assumption
The change to mixed-use zoning density would be applicable to numerous parcels across the City of Fresno. In order to assess potential project-related noise impacts, ten (10) individual sites were selected for analysis. The locations of the ten sites are p rovided as Appendix C , Analyzed Site, contained in Appendix E.
4.13.2 Impact Assessment
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? Less than Significant Impact. The Noise Assessment report concluded that the Project would not be expected to result in any significant noise impacts. The following analysis includes anticipated traffic noise and noise from future residential and mixed-use developments.
Traffic Noise Exposure
Increases in project- related traffic noise exposure was analyzed along twelve (12) roadway segments. Six (6) sites had one (1) analyzed roadway (if the site had only one adjacent roadway or if the site had only one adjacent roadway for which Fresno COG had available traffic volume data).
Three (3) sites had two (2) analyzed roadways. One (1) site had zero (0) analyzed roadways, as Fresno COG had no available traffic data for the adjacent roadways.
WJVA utilized the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The FHWA Model is a standard analytical method used for roadway traffic noise calculations. The model is based upon reference energy emission levels for automobiles, medium trucks (2 axles) and heavy trucks (3 or more axles), with consideration given to vehicle volume, speed, roadway configuration, distance to the receiver, and the acoustical characteristics
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 136 of the site. The FHWA Model was developed to predict hourly L eq values for free -fl owing traffic conditions and is generally considered to be accurate within ±1.5 dB. To predict L dn values, it is necessary to determine the hourly distribution of traffic for a typical day and adjust the traffic volume input data to yield an equivalent hourly traffic volume.
P
roject
-r
elated significant impacts would occur if an increase in traffic noise associated with the project would result in noise levels exceeding the City’s applicable noise level standards at the location(s) of sensitive receptors. For the purpose of this analysis a significant impact is also assumed to occur if traffic noise levels were to increase by 3 dB at sensitive receptor locations where noise levels already exceed the City’s applicable noise level standards (without the project), as 3 dB generally represents the threshold of perception in change for the human ear. The City’s exterior noise level standard for residential land uses is 65 dB L dn.
In
order to assess potential project
-r
elated traffic noise exposure impacts, traffic noise exposure levels were modeled for each of the nine (9) analyzed project sites (as described above, one site had no available traffic data and was therefore not analyzed). Traffic noise exposure was modeled for both existing zoning density allowance and proposed zoning density allowance.
Ex
isting traffic volumes along the twelve analyzed roadway segments were obtained from Fresno COG. Trip generation for the nine analyzed sites, for both existing and proposed zoning density allowances, was provided by Precision Civil Engineering, Inc.
Table 4 -10 provides the traffic
volumes used for noise modeling purposes, for each of the twelve analyzed roadway segments.
Shown in Table 4-10 are the existing traffic volumes with existing zoning density allowance trip generation volumes added and the existing traffic volumes with the proposed zoning density allowance trip generation volumes added.
Table 4-11 Modeled Traffic Volumes – City of Fresno Mixed-Use Zoning Density Increase Roadway Existing Zoning Density Proposed Zoning Density N. Blackstone Ave 29,354 29,504
E. Olive Ave 7,375 7,430
E. Belmont Ave 15,592 16,066
Fresno St 15,363 15,439
S. Walnut Ave 10,873 14,434
E. Church Ave 9,453 13,014
S. MLKJ Blvd 9,858 14,089
W. Shaw Ave 61,693 63,117
N. Blackstone Ave 32,363 33,787
S. Dakota Ave 11,500 11,691
S. MLKJ Blvd 5,523 6,340
E. Jensen Ave 30,676 31,493
Source: WJV Acoustics, Fresno COG, Precision Engineering, Inc.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 137 WJVA modeled traffic noise exposure applying both the existing traffic volumes with existing zoning density allowance trip generation volumes added and the existing traffic volumes with the proposed zoning density allowance trip generation volumes added. Noise levels were modeled at reference setback distance of 100 feet from the roadway centerline (typical residential setback distance). The day/night distribution of traffic and the percentages of trucks on the roadways used for modeling were estimated based upon previous studies WJVA has conducted along similar roadways, as this data was not available from governmental sources. The Noise modeling assumptions used to calculate project traffic noise are provided as Appendix D contained in Appendix E , Environmental Noise Assessment. For the purpose of the analysis, the following assumptions were applied:
• 40 mph (miles per hour) traffic speed
• 2% medium truck and 1% heavy truck percentages
• 90% daytime (7 am to 10 pm) and 10% nighttime (10 pm to 7 am) distribution T
able V provides the modeled exterior traffic noise exposure levels at reference setback distance of 100 feet from the roadway (typical residential setback distance). As described above, for the purpose of this analysis a significant impact is ass umed to occur if project -r
elated traffic would
result in traffic noise levels to exceed 65 dB Ldn or increase by 3 dB at locations where noise levels already exceed the City’s applicable noise level standards (without the project), as 3 dB generally represents the threshold of perception in change for the human ear. The City’s exterior noise level standard for residential land uses is 65 dB Ldn.
Table 4-12 Traffic Noise Exposure Levels, dBA Ldn – City of Fresno Mixed-Use Zoning Density Increase Roadway Existing Zoning
Density
Proposed Zoning
Density Increase Impact
Yes/No?
N. Blackstone Ave 65.2 65.3 0.1 No
E. Olive Ave 59.2 59.3 0.1 No
E. Belmont Ave 62.5 62.6 0.1 No
Fresno St 62.4 62.4 0 No
S. Walnut Ave 60.9 62.2 1.3 No
E. Church Ave 60.3 61.7 1.4 No
S. MLKJ Blvd 60.5 62.1 1.6 No
W. Shaw Ave 68.5 68.6 0.1 No
N. Blackstone Ave 65.7 65.8 0.1 No
S. Dakota Ave 61.2 61.2 0 No
S. MLKJ Blvd 58.0 58.6 0.6 No
E. Jensen Ave 65.4 65.5 0.1 No
1 At a typical residential setback (assumed to be 100 feet from the center of the roadway).
Source: WJV Acoustics, Fresno COG, Precision Engineering, Inc.
Reference to Table 4-11 indicates that project -r elated increases in traffic noise exposure would be expected to be in the range of 0 to 1.6 dB, as a result of project implementation. The project would
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 138 not be expected to result in traffic noise levels at existing sensitive receptor locations to exceed 65 dB Ldn or result in an increase of 3 dB or greater at locations where traffic noise exposure already exceeds 65 dB L dn. Therefore, project- related increases in traffic noise exposure would not be expected to result in any significant noise impacts.
Noise From Residential Sources
Noise associated with residential land uses is typically minimal compared to other land uses such as commercial, industrial, etc. Noise sources associated with residential land uses would typically include vehicle movements, noise associated with landscaping activities, human voices, etc. None of these sources would be considered a potential significant noise impact at any existing or planned noise-sensitive land uses.
An increase in zoning density would not be expected to result in any increase in noise, other than the above-described project-related increases in traffic noise exposure.
Noise Impacts At Proposed Mixed-Use Developments
Mixed-use land uses would typically include a variety of land uses includi ng residential, commercial, retail and office uses. A wide variety of noise sources can be associated with commercial and retail land uses. The noise levels produced by such sources can also be highly variable and could potentially impact existing on -site and off- site sensitive receptors. From the perspective of the City’s noise standards, noise sources not associated with transportation sources are considered stationary noise sources. Typical examples of stationary noise sources include:
• Fans and blowers
• HVAC/Mechanical equipment
• Truck deliveries
• Loading Docks
• Compactors
• Amplified Drive-Thru Menu Board Speakers
• Automated Car Wash Operations
Noise levels from new stationary noise sources cannot be predicted with any certainty at this time since specific uses have not yet been proposed and the locations of stationary noise sources relative to the locations of noise sensitive uses are not known. However, under some circumstances there is a potential for such uses to exceed the City’s noise standards for stationary noise sources at the locations of sensitive receptors.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 139 Noise levels from new stationary noise sources may be effectively reduced by incorporating noise mitigation measures into the project design that consider the geographical relationship between the noise sources of concern and potential receptors, the noise- producing characteristics of the sources and the path of transmission between noise sources and sensitive receptors. Options for noise mitigation include the use of building setbacks, the construction of sound walls and the use of noise source equipment enclosures.
When specific uses within the project areas are proposed that could result in a noise- related conflict between a commercial or other stationary noise source and existing or proposed nois e sensitive receptor, an acoustical analysis may be required that quantifies project- related noise levels and recommends appropriate mitigation measures to achieve compliance with the City’s noise standards.
b) The primary source of on -going noise from the fu ture residential project will be from Generation of excessive groundborne vibration or groundborne noise levels? Less than Significant with Mitigation Incorporated. While no development is currently proposed, implementation of the Project would result in future development that would have noise generating activities. Ground borne vibration may result from operations and/or construction, depending on the use of equipment (e.g., pile drivers, bulldozers, jackhammers, etc.), distance to affected structures, and soil type. Depending on the method, equipment- generated vibrations could spread through the ground and effect nearby buildings. However, it is not anticipated that future residential or commercial projects would genera te excessive ground borne vibration or ground borne noise levels, given the type of improvements and equipment associated with commercial and residential development. As such, it is not anticipated that construction or operation of the Project would not in volve equipment that would generate substantial groundborne vibration of ground borne noise levels. As discussed under criteria a), project- generated stationary noise sources including traffic and operational activities are subject to compliance not to exceed standards of the General Plan or the FMC. In addition , the Project will comply with Mitigation Measure NOI- 1 established in the PEIR to mitigate for construction vibration. Thus, the Project would result in a less than significant impact.
Mitigation Me asure NOI -1: Construction Vibration. The use of heavy construction equipment within 25 feet of existing structures shall be prohibited. (General Plan PEIR Mitigation Measures NOI-2)
c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 140 Less than Significant Impact. There are three (3) airports located in the city of Fresno: Fresno - Yosemite International Airport, Fresno Chandler Executive Airport, and Sierra Sky Park (private).
According to the Fresno County Airport Land Use Compatibility Plan (ALUCP), several parcels of the Project site are within the Airport Influence Area (AIA). As such, future development projects that are within the AIA are subject to review by the Fresno County Airport Land Use Commission (ALUC) to determine land use compatibility and receive a finding of consistency. “Safety zone land use compatibility standards” are established for AIAs to restrict development of land uses that could pose hazards to public or vulnerable populations in case of an aircraft accident. In addition to compliance with regulations set forward in the ALUCP, development projects are subject to compliance with the Fresno General Plan objective NS -5 policies NS -5-a to NS -5-e. Therefore, through compliance with the ALUCP and General Plan, it can be determined that the Project would not expose people residing or working in the area to excessive noise levels and as a result, the Project would have a less than significant impact.
4.13.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the noise related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Program dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 141
4.14 POPULATION AND HOUSING
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Induce substantial unplanned
population growth in an area,
either directly (for example, by
proposing new homes and
businesses) or indirectly (for
example, through extension of
roads or other infrastructure)?
X
b) Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
X
4.14.1 Environmental Setting
CEQA Guidelines Section 15126.2(d) requires that a CEQA document discuss the ways in which the proposed Project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. The CEQA Guidelines provide the example of a major expansio n of a wastewater treatment plant that may allow for more construction within the service area. The CEQA Guidelines also note that the evaluation of growth inducement should consider the characteristics of a project that may encourage or facilitate other a ctivities that could significantly affect the environment. Direct and Indirect Growth Inducement consists of activities that directly facilitate population growth, such as construction of new dwelling units.
4.14.2 Impact Assessment
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact. Under the assumptions as described in Section 2.9 Description of Project, buildout of the Project site could generate a n approximately 21,762 additional housing units, compared to the that analyzed in the PEIR, by 2056. This anticipated additional development
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 142 would result in approximately 61,465 new residents within the Project site. 34 However, these additional units under implementation of the Project are intended to accommodate the citywide population and meet RHNA housing need. The estimated 21,762 additional units will provide for the 30,041 units allocated through RHNA obligation. As such, the potential population growth is within the population growth contemplated by the Fresno General Plan, which anticipates population growth of up to 378,950 people by 2056. 35 Accordingly, implementation of the proposed text amendment would not exceed the projected citywide population . Therefore, the additional growth anticipated under Project buildout would be consistent with the General Plan population projection, citywide plann ing objectives , and RHNA housing allocation. As a result, impacts to population growth associated with potential future development under the proposed Project would be less than significant.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Less than Significant Impact. Implementation of the Project would result in an increase in the total number of dwelling units within the Project site. While redevelopment of some parcels of the Project site could cause demolition of existing dwelling units, the Project allows an increase in the density and number of dwelling units that could be developed on site. Additionally, since there are ample vacant and underutilized land available to locate new dwelling units within the Project area, it is anticipated that most new units would not require demolition of existing housing. As a result, development of the Project site would not result in a displacement of a substantial number of existing people or housing.
4.14.3 Mitigation Measures
None Required.
34 21,762 housing units * .92 occupancy rate * 3.07 people per unit = 61,465 (Occupancy rate and household size are provided by the PEIR, see Section 2.10 Environmental Setting for details) 35 Population growth is calculated using the difference between the estimated population of 921,057 by 2056 and the existing population according to the 2020 decennial census, which is 542,107.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 143
4.15 PUBLIC SERVICES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in substantial adverse
physical impacts associated with
the provision of new or physically
altered governmental facilities,
need for new or physically altered
governmental facilities, the
construction of which could cause
significant environmental i mpacts,
in order to maintain acceptable
service ratios, response times or
other performance objectives for
any of the public services:
i. Fire protection? X
ii. Police protection? X
iii. Schools? X
iv. Parks? X
v. Other public facilities? X
4.15.1 Environmental Setting
The Project Area is located within Fresno city limits and thus, would be subject to fees for the construction, acquisition, and improvements for public services. These services and fees include:
Fire Protection Services
Fire Protection Services in the city are provided by the Fresno Fire Department (FFD). The FFD operates a total of 20 fire stations/companies that serve a 116-square-mile area. To facilitate adequate service ratios, response times , or other performance objectives for fire protection services, all development in the city of Fresno is required to be located within three (3) miles of an existing fire station. To address impacts to fire protection services, the City of Fresno has implemented the Fire Facilities Fee pursuant to Section 12 -4.901 of the FMC, which requires
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 144 developers to pay the “fair share” of construction and acquisition costs for improvements to fire department facilities. Future projects in the Project Area would be subject to the assessment of a Fire Facilities Impact Fee based on the project size.
Table 4-13 Fire Facilities Fee Program
Type Fee
Single-Family Residential per unit $1,893
Multi-Family Residential per unit $1,429
Retail per 1,000 sf. of building $662
Office per 1,000 sf. of building $757
Pre-Consultation with the FFD was conducted for the proposed Project on November 30, 2021.
The following comments were received from the FFD:
• “The proposed increase in dwelling unit density has the potential to increase fire and emergency incident call volume. Currently within the areas applicable to the proposed text amendment, the Fire Department can meet the projected demands for service.
The effect of future development on service delivery can assume that calls for service will increase as a denser population develops this will be monitored closely as development occurs in the area and additional fire apparatus and staffing may be needed to meet the future service demands.”
• “An increase in residential density will increase domestic water demand which can affect the available water supply to fire hydrants. The areas affected by the text amendment generally have 12 inch and larger public water mains. As development occurs, the Water Division will need to monitor water production and distribution to insure that the minimum required fire flow of 2500 gpm above domestic water demand is maintained.”
Fresno General Plan includes policies regarding f ire protection in its Public Utilities and Services Element as shown below:
OBJECTIVE PU-2. Ensure that the Fire Department’s staffing and equipment resources are sufficient to meet all fire and emergency service level objectives and are provided in an eff icient and cost effective manner.
Policy PU-2-a: Unify Fire Protection. Pursue long-r ange transfer of fire protection service agreements with adjacent fire districts that, in concert with existing automatic aid agreements, will lead to the eventual unification of fire protection services in the greater Fresno area.
Policy PU-2-b: Maintain Ability. Strive to continually maintain the Fire Department’s ability to provide staffing and equipment resources to effectively prevent and mitigate
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 145 emergencies in existing and new high- rise buildings and in other high- density residential and commercial development throughout the city.
Policy PU-2-c: Rescue Standards. Develop appropriate standards, as necessary, for rescue operations, including, but not limited to, confined space, high angle, swift water rescues, and the unique challenges of a high speed train corridor.
Policy PU-2-d: Station Siting. Use the General Plan, community plans, Specific Plans, neighborhood plans, and Concept Plans, the City’s Geographic Information Systems (GIS) database, and a fire station location program to achieve optimum siting of future fire stations.
Policy PU-2-e: Service Standards. Strive to achieve a community wide risk management plan that include the following service level objectives 90 percent of the time: … OBJECTIVE PU-3. Enhance the level of fire protection to meet the increasing demand for services from an increasing population.
Policy PU-3-a: Fire Prevention Inspections. Develop strategies to enable the performance of annual fire and life safety inspection of all industrial, commercial, institutional, and multi- family residential buildings, in accordance with nationally recognized standards for the level of service necessary for a large Metropolitan Area, including a self-certification program.
Policy PU- 3-b: Reduction Strategies. Develop community risk reduction strategies that target high service demand areas, vulnerable populations (e.g. young children, older adults, non-English speaking residents, persons with disabilities, etc.), and high life hazard occupancies.
Policy PU-3-c: Public Education Strategies. Develop strategies to re-establish and enhance routine public education outreach to all sectors of the community.
Policy PU- 3-d: Review Development Applications. Continue Fire Department review of development applications, provide comments and recommend conditions of approval that will ensure adequate on-site and off-site fire protection systems and features are provided.
Policy PU-3-e: Building Codes. Adopt and enforce amendments to construction and fire codes, as determined appropriate, to systematically reduce the level of risk to life and property from fire, commensurate with the City’s fire suppression capabilities.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 146 Policy PU-3-f: Adequate Infrastructure. Continue to pursue the provision of adequate water supplies, hydrants, and appropriate property access to allow for adequate fire suppression throughout the City.
Policy PU -3-g: Cost Recovery. Continue to evaluate appropriate codes, policies, and methods to generate fees or other sources of revenue to offset the ongoing personnel and maintenance costs of providing fire prevention and response services.
Police Protection Services
Police Protection Services in the city are provided by the Fresno Police Department (FPD). The FPD is divided into five (5) policing districts. Currently, the City has 851 police officer positions authorized and 791 filled, allowing up to a service level of 1.57 officer per 1,000 residents and providing 1.45 officer per 1,000 residents. To address impacts to police protection services, the City has implemented the Police Facilities Fee pursuant to Section 12 -4.801 of the FMC, which requires developers to pay the “fair share” of construction and acquisition costs for improvements to police protection services and facilities. Future projects in the Project Area would be subject to the assessment of a Police Facilities Impact Fee based on the project size.
Table 4-14 Police Facilities Fee Program
Type Fee
Single-Family Residential per unit $618
Multi-Family Residential per unit $466
Retail per 1,000 sf. of building $658
Office per 1,000 sf. of building $626
Pre-Consultation with the FPD was conducted for the proposed Project on November 30, 2021.
No comments were received in the requested timeframe.
The Fresno General Plan includes policies regarding police protection in its Public Utilities and Services Element as shown below:
OBJECTIVE PU-1. Provide the level of law enforcement and crime prevention services necessary to maintain a safe, secure, and stable urban living environment through a Police Department that is dedicated to providing professional, ethical, efficient and innovative service with integrity, consistency and pride.
Policy PU-1-b: Involvement in General Plan. Facilitate Police Department participation in the implementation of General Pla n policies, including citizen participation efforts and the application of crime prevention design measures to reduce the exposure of neighborhoods to crime and to promote community security.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 147 • Facilitate Police Department communication with citizen advisory committees. • Refer appropriate development entitlements to the Police Department for review and comment.
Policy PU-1-c: Safety Considerations in Development Approval. Continue to identify and apply appropriate safety, design and operational measures as conditions of development approval, including, but not limited to, street access control measures, lighting and visibility of access points and common areas, functional and secure on
-si
te recreational and open space
improvements within residential developments, and use of State licensed, uniformed security.
Policy PU-1-d: New Police Station Locations. Consideration will be given to co - locating new police station facilities with other public property including, but not limited to, schools, parks, playgrounds, and community centers to create a synergy of participation in the neighborhood with the potential result of less vandalism and promotion of a better sense of security for the citizens using these facilities.
Policy PU-1-e: Communication with Public. Maximize communication and cooperative efforts with residents and businesses in order to identify crime problems and optimize the effectiveness of crime prevention measures and law enforcement programs.
Policy PU-1-g: Plan for Optimum Service. Create and adopt a program to provide targeted police services and establish long
-t
erm steps for attaining and maintaining the optimum levels of service
- 1.
5 unrestricted officers per 1,000 residents.
Schools
Educational services within the Project Area are provided by the following school districts: Central Unified School District, Clovis Unified School District, Fresno Unified School District, Orange Center School District, and Washington Union School District. Funding for schools and school facilities impacts is outlined in Education Code Section 17620 and Government Code Section 65995 et. seq., which governs the amount of fees that can be levied against new development. These fees are used to construct new or expanded school facilities. Payment of fees authorized by the statute is deemed “full and complete mitigation.” Future projects in the Project Area would be subject to the assessment of a Police Facilities Impact Fee based on the Developer Fee rates in place at the time payment is due.
Pre-Consultation with the school districts was conducted for the proposed Project on November 30, 2021. Central Unified School District responded, “no comment” and no other comments from the other districts were received in the requested timeframe.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 148 Fresno General Plan includes applicable policies regarding schools in its Parks, Open Space, and Schools Element as shown below:
OBJECTIVE POSS-8 Work cooperatively with school districts to find appropriate locations for schools to meet the needs of students and neighborhoods.
Policy POSS-8-b Appropriate School Locations. Support school locations that facilitate safe and convenient access by pedestrian and bicycle routes, are compatible with surrounding land uses, and contribute to a positive neighborhood identity and Complete Neighborhoods.
Policy POSS-8-c Park and School Site Coordination. Pursue the cooperative development and use of school sites with adjacent neighborhood parks for both school activities and non- school related recreational activities.
Parks and Recreation
Park and Recreation Facilities are overseen by the Fresno Parks and Recreation Department, Parks, After School, Recreation, and Community Services (PARCS). The General Plan established a service standard for park acreage of five (5) acres per 1,000 residents, with three (3) acres for community, neighborhood, and pocket parks and two (2) acres as regional parks. Similar to other public services, the City had established the Park Facilities Fee which requires developers to pay the “fair share” of construction and acquisition for improvements to park facilities. Future projects in the Project Area would be subject to the assessment of a Park Facilities Impact Fee based on the project size.
Table 4-15 Park Facilities Fee Program
Type Park Facility Impact Fee Quimby Parkland Dedication Fee Single-Family Residential per unit $4,027 $1,153
Multi-Family Residential per unit $3,037 $879
Fresno General Plan includes applicable policies regarding park facilities in its P arks, Open Space, and Schools Element as shown below:
Policy POSS-2-c Review of Development Applications. Coordinate review of all development applications (i.e., site plans, conditional use permits, and subdivision maps) in order to implement the parks and open space standards of this Plan.
Policy POSS -2-e Open Space Dedication for Residential Development. Ensure new residential developments provide adequate land for parks, open space, landscaping, and trails through the dedication of land or otherwise providing for Pocket Parks, planned trails, and other recreational space, maintained by an HOA, CFD, or other such entity.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 149 Courts
The city of Fresno contains two (2) State court s, Fresno County Superior Court and 5 th District Court of Appeals, and one (1) federal court.
Library
The Fresno County Public Library System provides libraries in the city of Fresno. There are 39 libraries throughout the County of Fresno , 11 of which are located in the city of Fresno planning area.
Hospital
There are nine (9) hospitals located within the city of Fresno planning area with a total capacity of 1,603 beds as of 2020.
4.15.2 Impact Assessment
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
i. Fire protection?
Less than Significant with Mitigation Incorporated. Project implementation would result in future development of residential and/or commercial uses. Because the Project Area is within city limits, future development caused by the Project would be served by the FFD. All existing mixed-used parcels are located within three (3) miles of an existing fire station. However, not all areas within city limits are within three (3) miles of a fire station due to increased annexations of land within the Sphere of Influence . Future general plan amendment/rezone to mixed -use zones will be subject to review by the FFD to ensure that adequate service could be provided. The Project’s proximity to existing stations would support adequate service ratios, response times, and other performance objectives for fire protection services. Additionally, a ccording to FFD’s pre - consultation on the proposed Project, FFD can meet the projected demands for service within the areas applicable to the proposed Project/ Text Amendment. The FFD assume increased calls for service as denser population develops , thus FFD would monitor on a rolling basis to ensure that fire apparatus and staffing meet the service demands.
As future projects are developed under the proposed Text Amendment, th e project would be subject to review by the FFD for requirements related to water supply, fire hydrants, and fire
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 150 apparatus access to the building(s) on site. Other requirements, such as installation of private fire hydrants, fire sprinklers, FFD connections, and a fire pump room could be requested to adequately serve the project operations. Further, future project will be subject to the Fire Facilities Fee for construction and acquisition costs for improvements to fire department facilities. In addition, the Project would incorporate Mitigation Measure PSR-1, which regulates that future construction of fire facilities would be reviewed to ensure that environmental impacts are less than significant. As such, the Project will have a less than significant impact.
Mitigation Measure PSR -1: As future fire facilities are planned, environmental review of proposed facilities shall be completed to meet the requirements of CEQA. Typical impacts from fire facilities include air quality/ greenhouse gas emissions, noise, traffic, and lighting. (General Plan PEIR Mitigation Measures PSR-1.1)
ii. Police protection?
Less than Significant Impact. The Project site is within the city limits and therefore would be served by the FPD. Although no specific development projects are currently proposed, future development would be reviewed by the HPD for requirements related to police protection services. HPD’s review and approval would ensure that future development could be served by existing facilities. In addition, to further reduce potential impacts, future projects shall be subject to Police Protection Department Impact Fees . The Project also incorporates Mitigation Measure
PSR-2, which regulates future construction of police facilities to be reviewed to ensure that environmental impacts are less than significant. As such, the Project will have a less than significant impact.
Mitigation Measure PSR-2: As future police facilities are planned, environmental review of proposed facilities shall be completed to meet the requirements of CEQA. Typical impacts from police facilities include air quality/ greenhouse gas emissions, noise, traffic, and lighting. (General Plan PEIR Mitigation Measures PSR-1.2) iii. Schools?
Less than Significant Impact. The development and managing of school sites are the responsibility of school districts and elected governing school boards. Future development resulting from Project implementation would be subject to School Impact Fees to mitigate the effect of the projects on schools. Payment of fees authorized by the statute is deemed “full and complete mitigation.” Thus, to offset any potential impacts, the Project shall be subject to School Impact Fees. As such, the Project will have a less than significant impact. iv. Parks?
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 151 Less than Significant Impact. Park and recreational facilities are typically impacted by an increase in use from proposed residential development. Future residential development resulting from Project implementation would be subject to Park Facilities Fees. In addition, future residential development will be reviewed to ensure that adequate parks are provided for the anticipated development. Incorporation of Mitigation Measure PSR -3, f uture development of parks and recreational facilities would also be reviewed to ensure that environmental impacts are less than significant. As such, the Project will have a less than significant impact.
Mitigation Measure PSR -3: As future parks and recreational facilities are planned, environmental review of proposed facilities shall be completed to meet the requirements of CEQA. Typical impacts from park facilities include air quality/greenhouse gas emissions, noise, traffic, and lighting. (General Plan PEIR Mitigation Measures PSR-1.3) v. Other public facilities?
Less than Significant Impact. Although no specific development is currently proposed, future development resulting from Project implementation could increase the demand for other public services, such as courts, libraries, hospitals, etc . Increased demand as a result of the continued implementation of the Project could result in development or expansion of public facilities. Typical environmental impacts associated with the development of these facilities include air quality, greenhouse gas emissions, noise, traffic, etc. The Project incorporated Mitigation Measure PSR-4
identified in the PEIR to mitigate for potential significant impacts caused by future development of public facilities. As a result, the Project would have a less than significant impact resulting from the construction or expansion of other public facilities.
Mitigation Measure PSR-4: As future public facilities are planned by the City of Fresno (e.g., court, library, and hospital facilities), environmental review of the proposed facilities shall be completed to meet the requirements of CEQA. Typical impacts from public facilities include air quality/greenhouse gas emissions, noise, traffic, and lighting. (General Plan PEIR Mitigation Measures PSR-1.4)
4.15.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the public facilities related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Program dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 152
4.16 RECREATION
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Increase the use of existing
neighborhood and regional parks
or other recreational facilities such
that substantial physical
deterioration of the facility would
occur or be accelerated?
X
b) Does the project include
recreational facilities or require
the construction or expansion of
recreational facilities which might
have an adverse physical effect on
the environment?
X
4.16.1 Environmental Setting
Park and Recreation Facilities are overseen by the Fresno Parks and Recreation Department, Parks, After School, Recreation, and Community Services (PARCS). The General Plan established a service standard for park acreage of five (5) acres per 1,000 residents, with three (3) acres for community, neighborhood, and pocket parks and two (2) acres as regional parks. Similar to other public services, the City had established the Park Facilities Fee which requires developers to pay the “fair share” of construction and acquisition for improvements to park facilities. Future projects in the Project Area would be subject to the assessment of a Park Facilities Impact Fee based on the project size.
Table 4-16 Park Facilities Fee Program
Type Park Facility Impact Fee Quimby Parkland Dedication Fee Single-Family Residential per unit $4,027 $1,153
Multi-Family Residential per unit $3,037 $879
Fresno General Plan includes applicable policies regarding park facilities in its Parks, Open Space, and Schools Element as shown below:
Policy POSS-2-c Review of Development Applications. Coordinate review of all development applications (i.e., site plans, conditional use permits, and subdivision maps) in order to implement the parks and open space standards of this Plan.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 153 Policy POSS-2-e Open Space Dedication for Residential Development. Ensure new residential developments provide adequate land for parks, open space, landscaping, and trails through the dedication of land or otherwise providing for Pocket Parks, planned trails, and other recreational space, maintained by an HOA, CFD, or other such entity. 2017 Fresno Parks Master Plan
The City of Fresno adopted the Parks Master Plan update in 2017. 36 The Plan highlights key findings of the existing conditions of Fresno’s park space and provided strategies to a complete and functional park system in the city. The Plan assess es the conditions and lack of amenities in the city of Fresno, as presented in
Figure 4 -11. Figure 4 -12 shows the areas of park needs according to existing parks. These areas of need are generally located in the west and southeast portions of the Project Area.
36 City of Fresno. (2017). Fresno Parks Master Plan. Accessed on M ay 26, 2022, https://www.fresno.gov/darm/wp - content/uploads/sites/10/2016/10/FinalDraftoftheFresnoParksMasterPlanwithAppendixA.pdf
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 154
Figure 4-12 Neighborhood Amenities Gap
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 155
Figure 4-13 Existing Conditions Needs Gradient Map
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 156
4.16.2 Impact Assessment
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Less than Significant Impact. Park and recreational facilities are typically impacted by an increase in use from proposed residential develo pment. Although no specific development projects are currently proposed, future development that proposes residential uses would be subject to the Park Facilities Impact Fee to mitigate for possible increase of use of parks or recreational facilities.
Project review and approval would ensure that future development could be served by existing recreational facilities or condition the specific project to provide adequate park and recreational facilities. FMC Section 15-4112 – Parks and Playgrounds require that subdivisions should reserve land for pedestrian -accessible parks and playgrounds . Article 37 Section 15 -3701 regulates Dedications and Reservations of land or payment of fees for park and recreation purposes , including identifying open space, requirement, suitability, limitations, amount of land to be dedicated, formula for calculating amount of land, etc. The formula is A x B = Land to be dedicated, where:
"A" means the park and recreation area required per dwelling uni t, based on the type of dwelling units of the proposed subdivision and the park area per 1,000 city residents, which is calculated as follows:
The park and recreation area required per dwelling unit is established as follows:
1) Single-Family Development. For dwelling units to be constructed on property zoned RS each unit is assigned 3.11 people. Therefore, A = 3.11 × .003 = 0.00933 acres per unit. 2) Multi-Family Development. For dwelling units to be constructed on property zoned other than RS, each unit is assigned 2.53 people. Therefore, A = 2.53 × .003 = 0.00759 acres per unit.
"B" means the number of dwelling units in the proposed subdivision. For the purpose of this section, the number of dwelling units in the proposed subdivision shall be determined as follows:
1) Single-Family Development. The number of dwelling units shall equal the number of parcels indicated on the Final Map.
2) Multi-Family Development. The number of dwelling units shall equal the maximum number of dwelling units allowed under that zone.
3) Condominium Developments. The number of dwelling units shall equal the number of condominium units indicated on the Final Map, or the maximum number of dwelling units allowed under that zone if the Final Map does not indicate the number of units.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 157 In-lieu fees could also be paid in lieu of land dedication per FMC Section 15-3701. At the time of submittal of a tentative map, the proposed location and amount of open space will be identified for review by the city. As such, there would be a less than significant impact. b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Less than Significant Impact. Future residential development resulting from the Project could include the construction of recreational facilities . In such cases, development projects would be reviewed and conditioned by the City to ensure that physical effects on the environment are less than significant. In addition, project-specific General Plan policies, Policy POSS-2-c and Policy POSS- 2-e, and PEIR Mitigation Measure PSR-1.3 will reduce to a less than significant impact.
4.16.3 Mitigation Measures
None Required.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 158
4.17 TRANSPORTATION
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with a program, plan,
ordinance or policy addressing the
circulation system, including
transit, roadway, bicycle and
pedestrian facilities?
X
b) Conflict or be inconsistent with
CEQA Guidelines § 15064.3,
subdivision (b)?
X
c) Substantially increase hazards due
to a geometric design feature (e.g.,
sharp curves or dangerous
intersections) or incompatible uses
(e.g., farm equipment)?
X
d) Result in inadequate emergency
access? X
4.17.1 Environmental Setting
The following summarizes plans, policies, and regulations that apply to the Project Area to give an overview of the regulatory setting of the Project.
City of Fresno Active Transportation Plan
The City of Fresno Active Transportation Plan (ATP) adopted March 2017, updates and supersedes the City of Fresno 2010 Bicycle, Pedestrian, and Trails Master Plan (BMP) . The ATP outlines the vision to provide human-powered travel including walking, bicycling, and wheelchair use. The plan aims to improve the accessibility and connectivity of bicycle and pedestrian network to increase the number of people to travel active transportation. The goals identified in the ATP are:
• Equitably improve the safety and perceived safety of walking and bicycling in Fresno • Increase walking and bicycling trips in Fresno by creating user-friendly facilities • Improve the geographic equity of access to walking and bicycling facilities in Fresno • Fill key gaps in Fresno’s walking and bicycling networks SB 743 and VMT Analysis
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 159 Under Senate Bill 743 (SB 743), traffic impacts are related to Vehicle Miles Traveled (VMT). The VMT metric became mandatory on July 1, 2020. SB 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as VMT instead of Level of Service (LOS). VMT measures how much actual automobile travel (additional miles driven) a proposed Project would create on California roads. If the project adds excessive automobile travel onto roads, then the project may cause a significant transportation impact. Therefore, LOS measures of impacts on traffic facilities are no longer a relevant CEQA criteria for transportation impacts.
City-Wide Traffic Signal Mitigation Impact (TSMI) Fee Program The City of Fresno charges TSMI fees to all new developments in the City to mitigate traffic impacts through the funding of traffic signal improvements that serve these new developments. The 2016 Fee Update Report adjusted the TSMI Fee Program after review of new or updated components including new traffi c signals, protected left turn phasing, vehicle lanes and LOS standards, improvements, etc. The TSMI fee increased by 5.84% for most land uses and is adjusted annually on July 1 based on the 20-City Construction Cost Index as reported in the Engineering News Report for the 12-month period ending in May of the year of the adjustment.
4.17.2 Impact Assessment
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less Than Significant with Mitigation Incorporated. The Project would be required to comply with all project level requirements implemented by a progra m, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Although no development is currently proposed, future development projects would be required to submit improvement plans, inclu ding roadway improvements, for review and approval by the City Engineer to ensure improvements will be consistent with City standards.
While the CEQA Guidelines no longer use motorist delay or LOS to measure transportation impacts, if a city has adopted an LOS standard as part of a program, plan, or policy addressing the circulation system, LOS remains relevant with respect to whether or not the project will conflict with that program, plan or p olicy. If the project may conflict with the program, plan, or policy, mitigation may be imposed to ensure consistency. Here, the City of Fresno has adopted several policies relevant to LOS as part of the Mobility and Transportation Element of the Fresno GP, which addresses the circulation s ystem. The following are LOS -relevant policies in the Mobility and Transportation Section:
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 160 Policy MT-1-k Multi-Modal Level of Service Standards. Develop and use a tiered system of flexible, multi-modal Level of Service standards for streets designated by the Circulation Diagram (Figure MT-1). Strive to accommodate a peak hour vehicle LOS of D or better on street segments and at intersections, exce pt where Policies MT -1-m through MT -1-p provide greater specificity. Establish minimum acceptable service levels for other modes and use them in the development and environmental review process.
Policy MT-1-l Level of Service in the Downtown Area. Within the Downtown Planning Area accept vehicle LOS F conditions during peak hours for street segments and intersections specified in community and Specific Plans as may be adopted by the City. Where there is an overlap in policies regarding LOS in the Downtown P lanning Area, this policy shall supersede.
Policy MT-1-m Standards for Planned Bus Rapid Transit Corridors and Activity Centers.
Independent of the Traffic Impact Zones identified in MT -2-i and Figure MT -4, strive to maintain the following vehicle LOS standards on major roadway segments and intersections along Bus Rapid Transit Corridors and in Activity Centers:
• LOS E or better at all times, including peak travel times, unless the City Traffic Engineer determines that mitigation to maintain this LOS would be infeasible and/or conflict with the achievement of other General Plan policies.
• Accept LOS F conditions in Activity Centers and Bus Rapid Transit Corridors only if provisions are made to improve the overall system and/or promote non- vehicular transportation and transit as part of a development project or a City -initiated project.
In accepting LOS F conditions, the City Traffic Engineer may request limited analyses of operational issues at locations near Activity Centers and along Bus Rapid Transit Corridors, such as queuing or left-turn movements.
• Give priority to maintaining pedestrian service first, followed by transit service and then by vehicle LOS, where conflicts between objectives for service capacity between different transportation modes occur.
• Identify pedestrian-priority and transit-priority streets where these modes would have priority in order to apply a multi -modal priority system, as part of the General Plan implementation.
Policy MT-1-n Peak Hour Vehicle LOS. Maintain a peak-hour vehicle LOS standard of D or better for all roadway areas outside of identified Activity Center and Bus Rapid Transit Corridor districts, unless the City Traffic Engineer determines that mitigation to maintain this LOS would be infeasible and/or conflict with the achievement of other General Plan policies.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 161 Policy MT-1-o LOS Deviations Outside of Activity Centers and Areas Designated for Mixed- Use. Accept vehicle LOS E or F conditions outside of identified multi -modal districts only if provisions commensurate with the level of impact and approved by the City Traffic Engineer are made to sufficiently improve the overall transportation system and/or promote non- vehicular transportation as part of a development project or City-initiated project.
Policy MT-2-i Transportation Impact Studies. Require a Transportation Impact Study (currently named Traffic Impact Study) to assess the impacts of new development projects on existing and planned streets for projects meeting one or more of the follow ing criteria, unless it is determined by the City Traffic Engineer that the project site and surrounding area already has appropriate multi-modal infrastructure improvements. • When a project includes a General Plan amendment that changes the General Plan Land Use Designation.
• When the project will substantially change the off -site transportation system (auto, transit, bike or pedestrian) or connection to the system, as determined by the City Traffic Engineer.
• Transportation impact criteria are tiered based on a project’s location within the City’s Sphere of Influence. This is to assist with areas being incentivized for development. The four zones, as defined on Figure MT-4, are listed below. The following criteria apply:
• Traffic Impact Zone I (TIZ-I): TIZ-I represents the Downtown Planning Area. Maintain a peak hour LOS standard of F or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 200 or more peak hour new vehicle trips.
• Traffic Impact Zone II (TIZ-II): TIZ-II generally represents areas of the City currently built up and wanting to encourage infill development. Maintain a peak hour LOS standard of E or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 200 or more peak hour new vehicle trips. • Traffic Impact Zone III (TIZ-III): TIZ-III generally represents areas near or outside the City Limits but within the SOI as of December 31, 2012. Maintain a peak hour LOS standard of D or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 100 or more peak hour new vehicle trips. • Traffic Impact Zone IV (TIZ-IV): TIZ-IV represents the southern employment areas within and planned by the City. Maintain a peak hour LOS standard of E or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 200 or more peak hour new vehicle trips.
According to Policy MT-2-i, the City of Fresno requires a traffic impact study for development that generate more than 200 peak hour new vehicle trips in TIZ 1, TIZ 2, and TIZ 4 and development
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 162 that generate more than 100 peak hour new vehicle trips in TIZ 3. Figure 4-11 shows the Project area in different TIZ.
However, according to Policy MT-2-m, LOS F conditions can be accepted in Activity Centers37 and Bus Rapid Transit Corridors if “provisions are made to improve the overall system and/or promote non-vehicular transportation and transit as part of a development project or a City -initiated project.” This Project promotes mixed -use development and high -density housing, which are elements of pedestrian-oriented development. This is also a city-initiated project to provide RHNA housing needs and promote infill development. Consequently, LOS F conditions can be accepted in the Priority Areas for Development Incentives identified in the General Plan as shown in Figure 4-12. Since a lower LOS condition is ac cepted in these ar eas, including the Downtown Planning Area, BRT corridors, South Industrial Priority Area, and Infill Opportunity Zones, the initial study establishes Mitigation Measure TRANS-1 to revise the threshold for a traffic impact study requirement for future development of the Project site in these areas. The threshold number increases the current 200 peak hour new vehicle trips to 300 peak hour trips since the former threshold was to “maintain a peak hour LOS standard of E or better for all intersections and roadway segments.”
Mitigation Measure TRANS-1: To maintain a peak hour LOS standard of F or better for all intersections and roadway segments, a traffic impact study (TIS) is required for all development projected to generate 300 or more peak hour new vehicle trips within the Project Area, unless not required by the City Traffic Engineer. The following is also exempt:
• Development within Infill Priority Areas within the Project Area proposing 80% residential development do not require a traffic impact study and will be considered ministerial.
Mitigation Measure TRANS -2: When a proposed residential development consisting of more than 200 units is in close proximity to a school or activity center, is near a transit stop
37 The General Plan does not clearly delineate “Activity Center s”. However, the General Plan identifies Downtown mixed-use ar eas, the vicinity of Woodward Park , Blackstone Avenue, Kings Canyon Avenue, and Shaw Avenue corridors as Activity Centers. For the purpose of this analysis, we assume that the Priority Areas for Development as identified in the General Plan are Activity Centers.
Policy LU-9-c Primacy of Downtown. Maintain the Downtown mixed-use areas as the Primary Activity Center within the city with the tallest buildings to enhance its profile and visibility.
Commentary: Activity Centers outside of Downtown may include, but not be limited to, the vicinity of Woodward Park and the Blackstone Avenue, Kings Canyon Avenue, and Shaw Avenue corridors.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 163 or pedestrian or bicycle route, bicycle and pedestrian facilities such as signalized crossings, traffic signal upgrades, such as left -turn phasing, sidewalks or asphalt paths, and bicycle facilities may be required.
Mitigation Measure TRANS-3 When LOS reaches E or F on High Frequency Transit Corridors, development projects within the Corridors may be conditioned to provide transit street design treatments and operational strategies, or in-lieu fees, set forth by the City of Fresno, including intersection treatments, dedicated transit lanes, business access and transit (BAT) lanes, Transit Signal Priority (TSP), and/or others.
Mitigation Measure TRANS-4 When a proposed residential development consisting of more than 200 units is in close proximity to a school or activity center, is near a transit stop or pedestrian or bicycle route , project may be required to construct improvements in accordance with the City of Fresno’s Complete Street Policy dated September 26, 2019 (as amended).
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Figure 4-14 Traffic Impact Zones
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Figure 4-15 Priority Areas for Development Incentives
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 166 Therefore, through compliance with the programs, plans, ordinances, and policies addressing the circulation system (inclusive of transit, roadway, bicycle, and pedestrian facilities) and incorporating Mitigation Measures TRANS-1 and TRANS-2, a less than significant impact would occur because of the Project.
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Less than Significant with Mitigation Incorporated. Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a pr oposed project would create on California roads. If the project adds excessive car travel onto our roads, the project may cause a significant transportation impact.
The State CEQA Guidelines were amended to implement SB 743, by adding Section 15064.3.
Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities are n o longer a relevant CEQA criteria for transportation impacts.
CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.”
In April 2018, the Governor’s Office of Planning and Research (OPR) issued the Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) (revised December 2018) to provide technical recommendations regarding VMT, thresholds of significance, and mitigation measures for a variety of land use project types. Since no development project is proposed, such thresholds are not applicable for the Project.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 167 On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Trav eled Thresholds38, pursuant to Senate Bill 743 to be effective of July 1, 2020. The thresholds described therein are referred to herein as the City of Fresno VMT Thresholds. The City of Fresno VMT Thresholds document was prepared and adopted consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7. The December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) , published by the Governor’s Office of Planning and Research (OPR), was utilized as a reference and guidance document in the preparation of the Fresno VMT Thresholds.
The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to screen out qualified projects that meet the adopted criteria from needing to prepare a detailed VMT analysis. In particular, the City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a variety of projects that may be screened out of a VMT analysis including specific development and transportation projects. However, the City of Fresno VMT Thresholds Section 3.1 regarding Development Projects states that "if a project constitutes a General Plan Amendment or a Zone Change, none of the screening criteria may apply ”.
Figure 4-15 shows the
recommended VMT analysis process for land use development projects.
38 Fresno Council of Governments. (2020) Fresno County SB 743 Implementation Regional Guidelines
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Figure 4-16 VMT Analysis Process for Land Use Development Projects
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 169 Since there are no project- specific details, the Fresno County VMT Screening Application is used to identify “low VMT zones” screening criteria identified in the first level in Figure 4 -15. A significant impact may occur if the VMT per capita with implementation of the Project are equal to or less than the following thresholds of significance:
• For residential uses, if it exceeds the countywide household VMT per capita minus 13 percent.
• For office uses, if it exceeds the countywide VMT per employee minus 13 percent. • For retail uses, if it exceeds the countywide VMT per employee minus 13 percent.
Figure 4-14 and Figure 4-15 shows the VMT per capita and VMT per employee of the Project site.
While most areas have a 13 percent reduction in VMT compared to the countywide average, there are some parcels that have no data or would have a lower than 13 percent reduction (identified in red). Thus, these areas could result in a potentially significant impact regarding VMT. Since there are no project- specific information to further analyze VMT, these areas would need additional analysis as project -specific development are proposed in the future. Consequently, this IS/MND establishes Mitigation Measure TRANS-3 to mitigate for possible inconsistency with CEQA Guidelines section 15064.3, subdivision (b).
Mitigation Measure TRANS-5: If a project does not meet at least one of the criteria identified below, a VMT analysis is required to be submitted before project approval. The VMT analysis should include quantitative analysis of VMT and include mitigation measures to justify its compliance with a 13 percent VMT reduction compared to countywide VMT. • Residential project located in an area with an VMT per capita identified as less than/equal to 13 percent, according to the Fresno County VMT Screening Application • Office or retail project located in an area with an VMT per empl oyee identified as less than/equal to 13 percent, according to the Fresno County VMT Screening Application • Provides a high level of affordable units
• Generates less than 500 ADTs
• Local-serving retail less than 50,000 square feet
• Located in a high quality transportation corridor, consistent with the RTP/SCS, has a floor area ratio (FAR) above 0.75, has limited parking, and does not reduce the number of affordable housing
Figure 4-18 presents the high -quality transportation corridor areas, which are areas located 0.5 miles of transit stop. The Project site is predominantly within these corridors, which would contribute to the decrease of VMT since mu lti-modal transit options are provided in these areas.
As a result, the Project would have a less than significant impact with mitigation incorporated.
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Figure 4-17 VMT per Capita
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Figure 4-18 VMT per Employee
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Figure 4-19 High Quality Transportation Corridor Map
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 173 c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. Although no development is currently proposed, future development projects will be reviewed by the city to ensure that project design does not contain any geometric design features that would create hazards. The Project will also be subject to review by the City Engineer to ensure that improvements are designed pursuant to applicable federal, state, and local design standards. Compliance with such standards would ensure that any traffic hazards are minimized. Further, the Project does not propose an incompatible use as it is consistent with the existing development in the area and is similar in nature to the surrounding uses. As a result, implementation of the Project would result in a less than significant impact related to hazards due to roadway design features or incompatible uses.
d) Result in inadequate emergency access?
Less than Significant Impact . The Project does not involve a change to any emergency response plan. In addition, although no development is currently proposed, future development projects will be reviewed by the City’s Engineering Department and Fire Department to ensure adequate site access including emergency access. In the case that future construction requires lane closures, access through existing roadways would be maintained through standard traffic control and therefore, potential lane closures would not affect emergency evacuation plans. Thus, a less than significant impact would occur because of the Project.
4.17.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the transportation related mitigation measures as identified in the attached Mitigat ion Monitoring and Reporting Checklist dated June 10, August 2022.
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4.18 TRIBAL CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
Cause a substantial adverse change in
the significance of a tribal cultural
resource, defined in PRC section 21074
as either a site, feature, place, cultural
landscape that is geographically defined
in terms of the size and scope of the
landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
a) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
PRC section 5020.1(k), or,
X
b) A resource determined by the lead
agency, in its discretion and
supported by substantial evidence,
to be significant pursuant to
criteria set forth in subdivision (c)
of PRC section 5024.1. In applying
the criteria set forth in subdivision
(c) of PRC section 5024.1, the lead
agency shall consider the
significance of the resource to a
California Native American tribe.
X
4.18.1 Environmental Setting
Generally, the term ‘cultural resources’ describes property types such as prehistoric and historical archaeological sites, buildings, bridges, roadways, and tribal cultural resources. As defined by CEQA, cultural resources are considered “historical resources” that meet criteria in Section 15064.5 of the CEQA Guidelines, including:
(1) a resource determined by the State Historical Resources Commission to be eligible for the California Register of Historical Resources;
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 175 (2) a resource included in a local register of historical resources, as defined in Public Resources Code (PRC) Section 5020.1(k) or in a historical resource survey meeting the requirements of PRC Section 5024.1(g); or
(3) any object, building, structure, site, area, place, record, or manuscript that the lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered to be historically significant if it meets the criteria for listing on the California Register of Historical Resources.
Tribal Consultation
In compliance with AB 52, as part of the preparation of this Initial Study and Mitigated Negative Declaration, the City of Fresno sent tribal consultation letters by certified mail to the Table Mountain Rancheria Tribe and the Dumna Wo Wah Tribe on January 27, 2022. Tribes have up to 30 days to request consultation. No requests for consultation were requested during that time.
Letters were sent pursuant to SB 18 on April 14, 2022 , with no responses received to date. The city received a letter dated May 19, 2022 from Table Mountain Rancheria declining participation and no responses were received from Dumna Wo Wah Tribe. SB 18 consultation ends ended on July 13, 2022.
4.18.2 Impact Assessment
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacre d place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or Less than Significant Impact. As discussed in Section 4.5, impacts from future development within the Project Area could impact unknown historical resources. Impacts would be reduced to less - than-significant with implementation of Mitigation Measures CUL-1, CUL-2, CUL-3, and CUL-4. 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
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 176 Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
Less than Significant Impact. As discussed in Section 4.5, impacts from future development within the Project Area could impact unknown historical and archeological resources, including tribal cultural resources and human remains. Impacts would be reduced to less -than-significant with implementation of Mitigation Measures CUL-1, CUL-2, CUL-3, and CUL-4.
4.18.3 Mitigation Measures
None Required.
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4.19 UTILITIES AND SERVICE SYSTEMS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded
water, wastewater treatment or
storm water drainage, electric
power, natural gas, or
telecommunications facilities, the
construction or relocation of which
could cause significant
environmental effect?
X
b) Have sufficient water supplies
available to serve the project and
reasonably foreseeable future
development during normal, dry
and multiple dry years?
X
c) Result in a determination by the
wastewater treatment provider,
which serves or may serve the
project that it has adequate
capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?
X
d) Generate solid waste in excess of
state or local standards, or in excess
of the capacity of local
infrastructure, or otherwise impair
the attainment of solid waste
reduction goals?
X
e) Comply with federal, state, and
local management and reduction
statutes and regulations related to
solid waste?
X
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4.19.1 Environmental Setting
The Project site is within city limits and thus, will be required to connect to water, stormwater, and wastewater services. Natural gas, electricity, and telecommunications are provided by private companies. Each utility system is described below.
Water
City of Fresno Water Division
The City of Fresno Water Division manages and operates the City of Fresno’s water system. The City’s water system consists of about 1,880 miles of distribution and transmission mains, 271 municipal groundwater wells, three surface water treatment plants, five water storage facilities with pump stations, and three booster pump stations. The water system covers approximately 115 square miles and serves a population of about 550,200. Fresno meets its demand for domestic water from a combination of groundwater, treated surface water, and reclaimed water sources. Groundwater is accessed from the Kings River Sub -basin of the San Joaquin Valley Groundwater Basin, while surface water from the Central Valley Project on the San Joaquin River and Fresno Irrigation District on the Kings River, which are treated at the Northeast Surface Water Treatment Facility, and the Southeast Surface Water Treatment Facility , and T -3 Water Storage and Surface Water Treatment Facility . Surface water is also used to replace lost replenish the groundwater aquifer through Fresno’s recharge program at the City -owned Leaky Acres, Nielsen Recharge Facility, and smaller facilities in southeast Fresno through a cooperative agreement with the Fresno Metropolitan Flood Control District to utilize over seventy ponding basins across the city.
Bakman Water Company
Bakman Water Company is a Class “B” water utility that has served the community since 1948 and currently provides water service to a population of approxima tely 17,000 – 18,000 people in southeast Fresno.
Figure 4-10 shows Bakman’s service area within the City of Fresno environ .
Bakman’s infrastructure system includes 13 groundwater wells, distribution lines, water tanks, pumping stations, etc. Bakman is regulated by the California Public Utilities Commission (CPUC) to provide service to all commercial, residential, or industrial customer within its service area. There are 343 mixed-use parcels totaling approximately 323.3 acres within Bakman’s service area, which is 8.4% of the area of all mixed-use parcels (Project Area). Of these mixed-use parcels, 88 parcels, totaling approximately 85.6 acres, are within the area proposed for ministerial approval, and of those, currently four (4) parcels, approximately 5.9 acres, are identified as vacant and underutilized. Consequently, the redistribution of density is not concentrated in the Bakman service area.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 179 2019 Drinking Water Infrastructure Renewal and Replacement (R&R) Plan 39 The water infrastructure assets of the City of Fresno include a supply system that include 240 active groundwater supply wells , three (3) treatment facilities (Northea st Surface Water Treatment Facility, and Southeast Surface Water Treatment Facility, and T -3 Water Storage and Surface Water Treatment Facility) and a transmission/distribution system with over 1,800 miles of mains, service lines, pumps, and storage tanks. The R &R Plan identifies drinking water infrastructure assets in the city that need renewal or replacement. City pipelines are selected and prioritized for renewal under the risk assessment using five (5) criteria: p ipe material failure history, pipe maintenance trend, percent design capacity, maximum pressure, and pipeline age.
Figure 4 -19 identifies the high and extreme risk pipelines. Pipelines of higher risk are largely located near the downtown area. Figure 4-20 shows the location of pipeline renewal/replacement projects for the 5-year budget planning horizon. Some examples of sections of improvements that are adjacent to the Project site include:
• Annadale Avenue, between Bardell Street and Elm Avenue (see Figure 4-21) • Hughes Avenue, between McKinley Avenue and Olive Avenue (see Figure 4-22) • Along Highway 41, between Private Drive and Alluvial Avenue (see Figure 4-23)
39 AKEL Engineering Group, Inc. (2019). City of Fresno 2019 Drinking Water Infrastructure Renewal and Replacement Plan.
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Figure 4-20 High and Extreme Risk Pipelines
Source: 2019 Drinking Water Infrastructure Renewal and Replacement Plan
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Figure 4-21 Pipeline Improvement Key Map
Source: 2019 Drinking Water Infrastructure Renewal and Replacement Plan
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Figure 4-22 Pipeline Replacement – Annadale Avenue
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Figure 4-23 Pipeline Replacement – Hughes Avenue
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Figure 4-24 Pipeline Replacement – Highway 41
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Pre-Consultation with the City’s Department of Public Utilities (DPU) Water Division was conducted for the proposed Project on December 17, 2021. The City of Fresno – Department of Public Utilities indicated that they would continue to provide comments and conditions of approval that may affect the City’s groundwater supply and/or ability to provide potable water and fire protection as the developments continue. Based on the type of development, some facilities may need to be upsized and/ or relocated. DPU also indicated that they want to ensure that the effects of each future development to the surrounding areas be thoroughly evaluated, and in conjunction with potential future developments that would have cumulative effect on the water supply. As such, as discussed in the impact analysis below, mitigation measures have been added to address concerns. DPU will have the ability to regulate future projects that have the potential to negatively impact water supply, based on thresholds set by this document.
Wastewater
The City of Fresno Wastewater Management Division (WMD) is responsible for the collection, conveyance, treatment, and reclamation of wastewater generated in the Fresno -Clovis metropolitan area. Wastewater treatment and disposal is handled through the City -operated Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) and North Fresno Wastewater Reclamation Facility (North Facility) via a wastewater collection system that consists of gravity sewer pipes, manholes, lift stations, junction structures, and force mains.
Pre-Consultation with the City’s Department of Public Utilities (DPU) was conducted for the proposed Project on December 17, 2021. The City of Fresno – Department of Public Utilities indicated that they would continue to provide comments and conditions of approval that may affect the City’s sewer infrastructure, wastewater treatment and reclamation as developments continue. Based on the type of development, some facilities may need to be upsized, relocated and/ or pressurized. DPU also indicated that they want to ensure that the effects of each future development to the surrounding areas be thoroughly evaluated, and in conjunction with potential future developments that would have cumulative effect on sewer cap acity. As such, as discussed in the impact analysis below, mitigation measures have been added to address concerns. DPU will have the ability to regulate future projects that have the potential to negatively impact sewer capacity, based on thresholds set by this document.
Solid Waste
Residential solid waste in the city’s Department of Public Utilities (DPU) Solid Waste Management Division and commercial solid waste is collected by private contractors, Mid Valley Disposal and Republic Services.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 186 Pre-Consultation with the city’s Department of Public Utilities (DPU) Solid Waste Management Division was conducted for the proposed Project on December 17, 2021. The comments indicated that “solid waste and recycling storage areas shall be accessible to haulers. Storage areas shall be located so that the trucks and equipment used by the solid waste and recycling collector(s) have sufficient maneuvering areas and, if feasible, so that the collection haulers can avoid reversing into traffic in Public Right of Way. Proje ct applicants are responsible for procuring current equipment size and turning radius from the City or its contracted solid waste and recycling franchises.” Stormwater
The Fresno Metropolitan Flood Control District (FMFCD) manages stormwater runoff in Fresno.
The major elements of the FMFCD’s flood control system include dams, reservoirs, and detention basins. The FMFCD is responsible for reviewing development proposals to assess drainage and flood control impacts and needs, in addition to determining applicable requirements and modifications needed in order to implement the Storm Drainage and Flood Control Master Plan.
Natural Gas and Electricity
PG&E, the natural gas and electric service provider for the area, incrementally expands and updates its service system as needed to serve its users.
Telecommunications
Accordingly, telecommunications providers in the area incrementally expand and update their service systems in response to usage and demand.
4.19.2 Impact Assessment
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Less than Significant with Mitigation Incorporated. The Project Area and individual sites are within city limits and thus, will be required to connect to water, stormwater, solid waste, and wastewater services. Natural gas, electricity, and telecommunications are provided by private companies.
Below is an analysis of each utility identified above.
Water
Although the proposed project has the potential to increase residential dwelling units within the Project Area, this increase is simply a redistribution of population, as the overall anticipated
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 187 growth rate described in the Fresno General Plan is not expected to change as a result of the proposed project. Thus, City water usage, overall, will not be substantially impacted by the proposed project.
Given that the project has the potential to redistribute residential growth within the City to these mixed-use zoned properties, a comparison was done between water usage for single family residential uses (medium low density residential uses) and high-density residential uses. This was done because medium low-density development is the most common residential development in the City of Fresno, and the proposed project has the potential to facilitate high density development in the Project Area. Potable w ater demands for the Project were estimated using land-use-based unit water demand factors last updated for the City in 2018. As shown in Table
4-17, high density residential uses have more than 3 ½ times less water demand per unit than medium low -density development. Thus, from an overall system perspective, the proposed project will not result in the need for expanded water facilities. However, indiv idual pipeline replacements and expansions will be needed for larger individual projects within the Project Area.
Table 4-17 Water Demand Factors by Land Use Classification Residential Land Use Maximum Density Allowed (du/ac) Demand Factor (AF/ac) (AF/dwelling unit)
Medium Low Density 6 3.14 0.5233
Medium High Density 16 4.89 0.3056
High Density 45 6.51 0.1447
Source: 2018 Water Demand Factors by Land Use Classification, City of Fresno Figure 4-17 identifies the high and extreme risk pipelines pursuant to the 2019 Drinking Water Infrastructure Renewal and Replacement (R&R) Plan . Pipelines of higher risk are largely located near the downtown area. Figure 4-18 shows the location of pipeline renewal/replacement projects for the 5-year budget planning horizon. Some sections of improvement that are adjacent to the Project site include:
• Annadale Avenue, between Bardell Street and Elm Avenue (see Figure 4-19) • Hughes Avenue, between Mckinley Avenue and Olive Avenue (see Figure 4-20) • Along Highway 41, between Private Drive and Alluvial Avenue (see Figure 4-21) Discretionary projects within the project area will continue to be reviewed by the City of Fresno Department of Public Utilities and Mitigation Measures from the General Plan PEIR will be required for these discretionary projects to ensure adequate water facilities are provided for individual projects. For those projects that will be considered ministerial (projects within the Priority Areas) as a result of the proposed municipal code text amendment that is part of the proposed project, the following mitigation measures will be implemented to account for the need for expanded water pipeline facilities in certain areas.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 188 Mitigation Measure UTL -1: Any project that results in the existing water system pipelines in the area of the project from not being able to meet maximum day demand plus the project required fire flow of 2500 gallons per minute (gpm) or 3500 gpm as required by the Fresno Fire Department , the project developer shall construct upsized replacement pipelines, per the requirements of the Department of Public Utilities Director, in the project vicinity to increase flow for the maximum day demand plus fire flow condition.
Wastewater
The proposed project has the potential to increase residential dwelling units within the Project Area. However, as previously discussed, this increase is simply a redistribution of population, as the overall anticipated growth rate described in the Fresno General Plan is not expected to change as a result of the proposed project. Thus, City wastewater usage, overall, will not be substantially impacted by the proposed project.
The City’s long-term wastewater planning is addressed in the City’s Wastewater Collection System Master Plan (Master Plan) (2015 update). The Master Plan indicates that at build out, which is General Plan build out, the City’s wastewater flows are expected to increase substantially. The plan further states that because of this there are some areas of the existing collection system that cannot convey the build out PWWF (Peak Wet Weather Flow) within the established q/Q ratio (Peak Flow to Pipe Capacity Ratio) . These pipelines are shown on Figure 4-22 in orange. The locations of new trunk sewers to service future growth are also shown in green. The list of these pipeline improvements is shown on Table 4-17.
According to the Master Plan, the proposed improvements that will serve future users are sized for build-out conditions. As the City continues to grow, the plan recommends that the p roposed pipeline diameters be constructed so that the facilities have sufficient capacity for build out conditions.
As mentioned above, from overall system perspective, the proposed project will not result in the need for expanded wastewater facilities. Ho wever, individual pipeline replacements and expansions will be needed for larger individual projects within the Project Area since the project may result in the need to increase pipeline capacity in certain areas . In order to mitigate these potential impacts, projects within the Priority Development Areas, that are within 100-feet of the pipelines identified in
Table 4 -17, improvements will be required when developments are proposed that exceed 100 units at a density exceeding the maximum density currently permitted in the mixed-use districts (16 du/ac in CMS, CR, and NMX, 30 du/ac in the CMX, and 45 du/ac in the RMX). According to the Master Plan, when an increase to capacity is required, existing sewers can be upgraded, or a parallel relief sewer can be constructed. In addition to this, any project that may result in a pipeline that is capacity deficient must construct new pipeline per the mitigation
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 189 described below. These added mitigation measure s will ensure that needed facilities are constructed.
Mitigation Measure UTL-2: Pipelines that are downstream (be tween the project site and wastewater treatment plant or lift station) from the proposed project shall maintain a sewer flow capacity of 1.15 q/Q ratio. Projects that result in a pipeline exceeding the flow capacity of 1.15q/Q shall construct upsized repl acement pipelines for those found to be deficient per the requirements of the Department of Public Utilities Director.
Stormwater
The Fresno Metropolitan Flood Control District reviewed the information provided regarding the proposed Text Amendment to increase the zoning density for the five (5) zone districts within the City of Fresno and didn’t observe any major impact with the increased densities in areas where the storm drainage system has already accommodated the mixed-use zoning.
The District indicated that where no drainage facilities have been constructed, the District’s drainage system can be revised to accommodate increased density that respect the City’s text amendment. Increasing the density in areas where facilities are already constructed creates additional runoff that could adversely affect existing storm drainage system facilities and may even potentially produce flooding in locations where the District’s Master Plan storm drainage system is complete. Any proposal to increase densities where facilities are already constructed would most likely require mitigation for any increase in the site storm water runoff. Such mitigation shall be in the form of on-site retention or, possibly, storm drainage system modifications.
Mitigation Measure UTL-3: For projects within the Priority Development Areas that are: 1) proposed at a density exceeding the maximum density currently permitted in the mixed-use district (16 du/ac in CMS, CR, and NMX, 30 du/ac in the CMX, and 45 du/ac in the RMX) and 2) within areas where storm drain facilities are already constructed; on-site retention or storm drainage system modifications are required. Projects proposed outside this area shall comply with General Plan PEIR mitigation measures related to stormwater.
Natural Gas, Electricity and Telecommunications
PG&E, the natural gas and electric service provider for the area, incrementally expands and updates its service system as needed to serve its users. Likewise, telecommunications providers in the area incrementally expand and update their service systems in response to usage and demand.
It is not anticipated that the proposed project would result in expanded facilities beyond those already anticipated for the project area.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 190 b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impac t. As discussed in detail in Section 4.10 , the City’s long -term water resource planning is addressed in the City’s 2020 UWMP. According to the UWMP, the City’s per capita water usage is projected to continue to decline through 2045 due to more water efficiency in future construction and passive conservation pursuant to requirements of the California Plumbing Code (e.g., use of higher efficiency appliances, water efficient landscaping, etc.).
In addition, the City manages its surface water and groundwater su pply by maximizing water for potable use and intentional recharge during wet and normal years and relies on groundwater during dry years. To optimize water supply reliability and resiliency, the City is currently undergoing an update of its Metropolitan Water Resources Management Plan which will identify projects and programs. Generally, the City’s approach is to maximize local supplies and improve the storage of the groundwater basin through recharge, recycled water usage, and conservation.
The UWMP projects normal water year, single dry water year, and five- year consecutive drought period supplies based on historic water allocations, sustainable yields, and utilization of recycled water. Based on these projections, the UWMP found that groundwater supplies remain reliable in all hydrologic conditions, attributing the stability to intentional recharge. The projections also show that the City will have greater than 100,000 AF available supply in normal years after meeting potable water demands. In a single dry year, surface water supplies will be reduced but the City would still be able to meet all potable water demands. Lastly, for five- year consecutive drought periods, the City is projected to meet all potable water demands with its existing suppli es with reduced groundwater recharge in year three (3) and four (4) to accommodate reduced surface water allocations. Based on these projections, it can be inferred that future development, such as the proposed Project, will not negatively impact the City’ s ability to provide water assuming adherence to requirements and recommendations from the City’s water resources planning efforts. In addition, as previously mentioned, although the proposed project has the potential to increase residential dwelling units within the Project Area, this increase is simply a redistribution of population, as the overall anticipated growth rate described in the Fresno General Plan is not expected to change as a result of the proposed project. Thus, City water usage, overall, will not be substantially impacted by the proposed project.
Given that the project has the potential to redistribute residential growth within the City to these mixed-use zoned properties , a comparison was done between water usage for single family residential uses (medium low density residential uses) and high-density residential uses. This was done because medium low-density development is the most common residential development in the City of Fresno, and the proposed project ha s the potential to facilitate high density development in the Project Area. Potable water demands for the Project were estimated using
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 191 land-use-based unit water demand factors last updated for the City in 2018. As shown in Table 4-17, high density residential uses have more than 3 ½ tim es less water demand per unit than medium low-density development.
Overall, based on the information collected from the UWMP and the City of Fresno, the proposed Project would not generate more water demand than would otherwise occur with the existing zoning allowances. As a result, it can be presumed that the existing and planned water distribution system should be adequate to serve the Project during normal, dry, and multiple dry years. In addition, adherence to connection requirements and recommendations pursuant to the City’s water supply planning efforts (i.e., compliance with California Plumbing Code, efficient appliances, efficient landscaping, etc.) should not negatively impact the City’s water provision. For these reasons, a less than significant impact would occur as a result of the Project. c) Result in a determinat ion by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less than Significant Impact. The City’s long-term wastewater planning is addressed in the City’s Wastewater Collection System Master Plan (Master Plan) (2015 update). According to the Master Plan, the City manages and maintains more than 1,500 miles of gravity sewer lines up to 84-inches in diameter, 15 active lift stations, and associated force mains. Wastewater generated in the sewer service area is conveyed to the Regional Wastewater Reclamation Facility (RWRF) or the North Fresno Wastewater Reclamation Facility (North Facility). As of 2020, the RWRF has a capacity of
91.5 mgd (millions of gallons per day) and the North Facility has a capacity of 0.71 mgd (daily average flow). Expansion of these facilities is planned for 2025 or later, based on capacity levels.
Land uses are important to determine adequate sizing and capacity for pipes and facilities, and to maintain effective sanitary sewer system facilities. According to the Master Plan, residential customers in Fresno account for approximately 63 percent of the current flow (40.2 mgd) and industrial customers account for 17 percent (11.3 mgd). Land use assumptions for wastewater generation rates were based on the full build-out conditions under the General Plan.
According to the Master Plan, “in general, the City’s collection sys tem has sufficient capacity to convey current PWWFs [Peak Wet Weather Flow] without exceeding the established q/Q ratio [Peak Flow to Pipe Capacity Ratio] . However, there are a few areas where wet weather capacity restrictions are present and required miti gation. The location of these capacity deficient pipelines for current PWWF conditions are shown on Figure 6.1 in red. ” Figure 4-22 below depicts these capacity deficiencies.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 192 In addition, this Master Plan indicates that at build out, which is General Plan build out, the City’s wastewater flows are expected to increase substantially. The plan further states that because of this there are some areas of the existing collection system that cannot convey the build out PWWF within the established q/Q ratio. These pipelines are shown on Figure 4-22 in orange. The locations
of new trunk sewers to service future growth are also shown in green. The list of these pipeline improvements is shown on Table 4-17.
According to the Master Plan, the proposed improvements that will serve future users are sized for build-out conditions. As the City continues to grow, the plan recommends that the proposed pipeline diameters be constructed so that the facilities have sufficient capacity for build out conditions.
As previously discussed, the proposed project may result in the need to increase capacity in certain areas. For projects within the Priority Development Areas, that are within 100-feet of the pipeline identified in Table 4 -18, improvements will be required when developments are proposed exceeding 100 units at a density exceeding the maximum density currently permitted in the mixed- use districts. According to the Master Plan, when an increase to capacity is required, existing sewers can be upgraded, or a parallel relief sewer can be constructed. This added mitigation measure, will ensure that the system has adequate capacity to serve the project’s projected demand in addition to the city’s existing commitments.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant with Mitigation Incorporated . The PEIR prepared for the General Plan analyzed the amount of solid waste that could be generated through the continued implementation of the approved General Plan. This analysis used information provided by CalRecycle. Based on this table, Multi -Family Residential units generate less solid wa ste than Single Family Residential units. As previously discussed, the project will redistribute residential growth within the City to these mixed -use zoned properties and not result in additional units beyond the growth anticipated in the General Plan. As such, the redistribution will most likely result in a higher number of Multi-Family units than Single Family units and thus a comparison was done between the two uses. Multi -Family units generate 30% less solid waste that Single Family residential uses . Per General Plan Mitigation Measure PEIR MM UTL -4.1, future discretionary projects will be subject to review and verification of capacity. As part of the ministerial project review, this same capacity determination shall be made to address any potentia l capacity deficiencies.
Mitigation Measure UTL-4: The City shall evaluate additional landfill locations at the time discretionary projects are submitted and shall not approve development that could
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 193 contribute solid waste to a landfill that is at capacity until additional capacity is provided. (General Plan PEIR Mitigation Measures UTL-4.1)
For these reasons, it can be determined that the Fresno General Plan PEIR already anticipated and addressed solid waste needs, including development occurring from the Proposed Project. Thus, subject to impacts can be determined to be less than significant.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 194
Figure 4-25 Proposed Collection System Capacity Improvements (2018 WWCS Master Plan)
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 195
Table 4-18 Proposed Collection System Improvements List (2018 WWCS Master Plan)
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 196 e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impact. Future devel opment projects that generate solid waste will be required to comply with local management and reduction statutes and regulations to ensure solid waste is handled, transported, and disposed of in accordance with applicable federal, State, and local regulations pertaining to municipal waste. In addition, the proposed text amendment and general plan amendment would comply with existing statutes and regulations related to solid waste and thus a less than significant impact would result from the proposed project.
4.19.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the utilities and service systems related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Checklist dated June 10, August 2022.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 197
4.20 WILDFIRE
If located in or near state responsibility
or lands classified as very high fire
hazard severity zones, Would the
project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Substantially impair an adopted
emergency response plan or
emergency evacuation plan?
X
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire
risks, and thereby expose project
occupants to pollutant
concentrations from a wildfire or
the uncontrolled spread of a
wildfire?
X
c) Require the installation or
maintenance of associated
infrastructure (such as roads, fuel
breaks, emergency water sources,
power lines or other utilities) that
may
exacerbate fire risk or that
may result in temporary or ongoing
impacts to the environment?
X
d) Expose people or structures to
significant risks, including
downslope or downstream
flooding or landslides, as a result of
runoff, post-
fire slope instability,
or drainage changes?
X
4.20.1 Environmental Setting
In general, Fresno is categorized as having little or no threat or moderate fire hazard, which can be attributed to its impervious and paved surface areas. The area along the San Joaquin River bluff is an exception, as it is prone to wildfires due to steep terrain and native vegetation. The Project Area comprises relatively flat properties within the city limits in areas that are planned for and/or developed with urbanized uses. No properties within the Project Area are in the San Joaquin River bluff area. In addition, Fresno (inclusive of the Project Area) is identified by the California
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 198 Department of Forestry and Fire Protection (Cal Fire) as an “area of local responsibility” with low fire risk. 40 Thus, the city is not located in a wildland or “Very High Fire Hazard Severity Zone”
4.20.2 Impact Assessment
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact. To determine adequate vehicular and pedestrian circulation and emergency vehicle access, future development projects in the Project Area would be reviewed and conditioned by the City of Fresno Police Department and Fire Department for compliance with applicable code and regulations. Review and approval by the City would ensure that future projects do not substantially impair the adopted emergency response plan or emergency evacuation plan. Therefore, a less than significant impact would occur because of the Project. 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?
Less than Significant Impact. The Project Area is located in a relatively flat area with minimal slope (Section 4.7) that is developed with a mix of urban uses and is not located within a wildland, which precludes the risk of wildfire. As such, the risk of downslope winds and other factors that could exacerbate wildfire risks is limited. For these reasons , Project implementation would not change the degree of exposure to wildfires and the Project would have a less than significant impact. 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? Less than Significant Impact. The Project Area is located within city limits in areas with existing or planned urban uses. As such, the sites within the Project Area are generally infill sites that are served by existing infrastructure such as roads and utilities. As Project implementation results in future development of these sites, the installation and maintenance of new infrastructure would be reviewed and/or conditioned by the City of Fresno for compliance with applicable standards, specifications, and code . Such infrastructure would be typical for urban uses within urbanized areas and would thereby not exacerbate fire risks or result in temporary or ongoing impacts to the environment. Therefore, a less than significant impact would occur as a result of the Project.
40 Cal Fire, “FHSZ Viewer.” Accessed on January 24, 2022, https://egis.fire.ca.gov/FHSZ/
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 199 d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. As described in Section 4.7, the Project Area is not subject to flooding or landslides.
Impacts to drainage patterns are addressed in Section 4.10. Based on these analyses, the Project Area is not susceptible to downslope or downstream flooding or landslides. Further, as described above, the Project Area is not located within or near wildlands or within a Very High Fire Hazard Severity Zone. Therefore, the Project would not expose people or structures to si gnificant risks and no impact would occur as a result of the Project.
4.20.3 Mitigation Measures
None Required.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 201
4.21 MANDATORY FINDINGS OF SIGNIFICANCE
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Does the project have the
potential to degrade the quality of
the environment, substantially
reduce the habitat of a fish or
wildlife species, cause a fish or
wildlife population to drop below
self-sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of
the major periods of California
history or prehistory?
X
b) Does the project have impacts that
are individually limited, but
cumulatively considerable?
("Cumulatively considerable"
means that the incremental effects
of a project are considerable when
viewed in connection with the
effects of past projects, the effects
of other current projects, and the
effects of pro
bable future
projects)?
X
c) Does the project have
environmental effects which will
cause substantial adverse effects
on human beings, either directly or
indirectly?
X
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 202
4.21.1 Impact Assessment
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self -sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory?
Less than Significant Impact with Mitigation Incorporated. The analyses of environmental issues contained in this Initial Study indicate that the Project would have potentially significant impacts resulting from the proposed Project. Mitigation measures are incorporated herein to reduce all potentially significant impacts to less than significant with mitigation incorporated. Therefore, the Project would have a less than significant impact.
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less than Signif icant Impact. CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. Due to the nature of the project and consistency with environmental policies, incremental contributions to impacts are considered less than cumulatively considerable. All project-related impacts were determined to be less than significant.
The Project would not contribute substantially to adverse cumulative conditions, or create any substantial indirect impacts (i.e., increase in population could lead to an increased need for housing, increase in traffic, air pollutants, etc.). As such, Project impacts are not considered to be cumulatively considerable given the insignificance of project- induced impacts. The impact is therefore less than significant.
c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact. The analyses of environmental is sues contained in this Initial Study indicate that the project is not expected to have substantial impact on human beings, either directly or indirectly. Standard requirements and conditions have been incorporated in the project to reduce all potentially s ignificant impacts to less than significant. Therefore, the Project would have a less than significant impact.
CITY OF FRESNO - Mixed Used Zoning Density Increase Text Amendment| 203 5 MITIGATION MONITORING AND REPORTING PROGRAM