Exhibit N-4 – Southwest Fresno Specific Plan Certification (Resolution 2017-299) — Fresno City Council, March 21, 2024 (part 3 of 14)

Significance Without Mitigation: Less than significant.

4.2.4 CUMULATIVE IMPACTS
AG-4 Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would result in significant and unavoidable cumulative impacts with respect to agriculture resources.

As discussed above, implementation of the proposed Plan would result in a significant impact related to the conversion of farmland of concern under CEQA. As such, the proposed Plan would contribute to a cumulative impact with respect to agriculture resources. Although the proposed Plan includes a policy to promote urban agriculture, consistent with the adopted Fresno General Plan, future development in areas outside of the Plan Area, in combination of the loss of prime farmland within the Plan Area would result in the conversion of farmland to non-agriculture uses. To reduce potential cumulative impacts on agricultural zoning and Williamson Act Contracts, the General Plan Update includes Objective RC-9 and Policies RC-9-a through RC-9-c, shown in Table 4.2-1, that will reduce the premature conversion of agricultural land within the Plan Area and outside the sphere-of-influence and could reduce conflicts with agricultural zoning and Williamson Act Contracts. However, this policy will not prevent owners of farmland to enter into Williamson Act Contract non-renewals. Therefore, the implementation of the proposed project will result in a significant and unavoidable impact on agricultural zoning and Williamson Act Contracts. Therefore, this impact would be significant.

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Impact AG-4: Implementation of the proposed Plan would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use.

Significance Without Mitigation: Significant and unavoidable. Consistent with the findings of the adopted General Plan MEIR, the proposed Plan includes land use changes that would result in the conversion of farmland to non-agriculture uses, and no feasible mitigation measures are available.

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4.3 AIR QUALITY
This chapter of the Draft Environmental Impact Report (Draft EIR) evaluates the potential for the proposed Southwest Fresno Specific Plan (proposed Plan) to impact air quality in a local and regional context. This evaluation is based on the methodology recommended by the San Joaquin Valley Air Pollution Control District (SJVAPCD). The analysis focuses on air pollution from regional emissions and localized pollutant concentrations. Criteria air pollutant emissions modeling for the proposed Plan is included in Appendix C of this Draft EIR. Transportation-sector impacts are based on trip generation and vehicle miles traveled (VMT) provided by Fehr and Peers (see Appendix H). Cumulative impacts related to air quality are based on the regional boundaries of the San Joaquin Valley Air Basin (SJVAB).

4.3.1 ENVIRONMENTAL SETTING

4.3.1.1 REGULATORY FRAMEWORK
Federal, state, and local air districts have passed laws and regulations intended to control and enhance air quality. Land use in the Plan Area is subject to the rules and regulations imposed by SJVAPCD, California Air Resource Board (CARB), and the United States Environmental Protection Agency (US EPA). The regulatory framework that is potentially applicable to the proposed Plan is also summarized below.

Federal and State Regulations
Ambient air quality standards have been adopted at federal and State levels for criteria air pollutants. In addition, both the federal and State governments regulate the release of toxic air contaminants (TACs).

The City of Fresno is in the SJVAB and is subject to the rules and regulations imposed by the SJVAPCD, the national Ambient Air Quality Standards (AAQS) adopted by the US EPA, and the California AAQS adopted by CARB. Federal, state, regional, and local laws, regulations, plans, or guidelines that are potentially applicable to the proposed Plan are summarized below.

Ambient Air Quality Standards
The Clean Air Act was passed in 1963 by the US Congress and has been amended several times. The 1970 Clean Air Act amendments strengthened previous legislation and laid the foundation for the regulatory scheme of the 1970s and 1980s. In 1977, Congress again added several provisions, including nonattainment requirements for areas not meeting National AAQS and the Prevention of Significant Deterioration program. The 1990 amendments represent the latest in a series of federal efforts to regulate the protection of air quality in the United States. The Clean Air Act allows states to adopt more stringent standards or to include other pollutants. The California Clean Air Act, signed into law in 1988, requires all areas of the state to achieve and maintain the California AAQS by the earliest practical date.

The California AAQS tend to be more restrictive than the National AAQS.

The National and California AAQS are the levels of air quality considered to provide a margin of safety in the protection of the public health and welfare. They are designed to protect “sensitive receptors” most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. Healthy

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adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed.

Both California and the federal government have established health-based AAQS for seven air pollutants, which are shown in Table 4.3-1. These pollutants are ozone (O3), nitrogen dioxide (NO2), carbon monoxide (CO), sulfur dioxide (SO2), coarse inhalable particulate matter (PM10), fine inhalable particulate matter (PM2.5), and lead (Pb). In addition, the State has set standards for sulfates, hydrogen sulfide, vinyl chloride, and visibility-reducing particles.

California has also adopted a host of other regulations that reduce criteria pollutant emissions, including:
 AB 1493: Pavley Fuel Efficiency Standards
 Title 20 California Code of Regulations (CCR): Appliance Energy Efficiency Standards  Title 24, Part 6, CCR: Building Energy Efficiency Standards  Title 24, Part 11, CCR: Green Building Standards Code Tanner Air Toxics Act and Air Toxics “Hot Spot” Information and Assessment Act Public exposure to TACs is a significant environmental health issue in California. In 1983, the California Legislature enacted a program to identify the health effects of TACs and to reduce exposure to these contaminants to protect the public health. The California Health and Safety Code defines a TAC as “an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health.” A substance that is listed as a hazardous air pollutant pursuant to Section 112(b) of the federal Clean Air Act (42 US Code Section 7412[b]) is a toxic air contaminant. Under State law, the California Environmental Protection Agency (CalEPA), acting through CARB, is authorized to identify a substance as a TAC if it is an air pollutant that may cause or contribute to an increase in mortality or serious illness, or may pose a present or potential hazard to human health.

California regulates TACs primarily through AB 1807 (Tanner Air Toxics Act) and AB 2588 (Air Toxics “Hot Spot” Information and Assessment Act of 1987). The Tanner Air Toxics Act sets up a formal procedure for CARB to designate substances as TACs. Once a TAC is identified, CARB adopts an “airborne toxics control measure” for sources that emit designated TACs. If there is a safe threshold for a substance (i.e., a point below which there is no toxic effect), the control measure must reduce exposure to below that threshold.

If there is no safe threshold, the measure must incorporate toxics best available control technology to minimize emissions. To date, CARB has established formal control measures for 11 TACs that are identified as having no safe threshold.

Under AB 2588, TAC emissions from individual facilities are quantified and prioritized by the air quality management district or air pollution control district. High priority facilities are required to perform a health risk assessment, and if specific thresholds are exceeded, are required to communicate the results to the public through notices and public meetings.

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TABLE 4.3-1 AMBIENT AIR QUALITY STANDARDS FOR CRITERIA POLLUTANTS Pollutant Averaging Time
California
Standarda
Federal Primary
Standardb Major Pollutant Sources
Ozone (O3)
c 1 hour 0.09 ppm *
Motor vehicles, paints, coatings, and solvents.
8 hours 0.070 ppm 0.070 ppm
Carbon
Monoxide (CO)
1 hour 20.0 ppm 35.0 ppm Internal combustion engines, primarily gasolinepowered motor vehicles. 8 hours 9.0 ppm 9.0 ppm Nitrogen
Dioxide (NO2)
Annual Average 0.030 ppm 0.053 ppm Motor vehicles, petroleum-refining operations, industrial sources, aircraft, ships, and railroads. 1 hour 0.18 ppm 0.100 ppm Sulfur
Dioxide (SO2)
Annual
Arithmetic
Mean
* 0.030 ppm
Fuel combustion, chemical plants, sulfur recovery
plants, and metal processing. 1 hour 0.25 ppm 0.075 ppm 24 hours 0.04 ppm 0.14 ppm
Respirable
Particulate
Matter
(PM10)
d
Annual
Arithmetic
Mean

20.0 µg/m3 * Dust and fume-producing construction, industrial, and agricultural operations, combustion, atmospheric
photochemical reactions, and natural activities (e.g.,
wind-raised dust and ocean sprays). 24 hours 50.0 µg/m3 150.0 µg/m3 Respirable
Particulate
Matter
(PM2.5 )
Annual
Arithmetic
Mean

12.0 µg/m3 12.0 µg/m3 Dust and fume-producing construction, industrial, and agricultural operations, combustion, atmospheric
photochemical reactions, and natural activities (e.g.,
wind-raised dust and ocean sprays). 24 hours * 35.0 µg/m3 Lead (Pb)
30-Day Average 1.5 µg/m3 *
Present source: lead smelters, battery manufacturing
& recycling facilities. Past source: combustion of
leaded gasoline.

Calendar
Quarterly * 1.5 µg/m3
Rolling 3-Month
Average * 0.15 µg/m3
Sulfates (SO4)
e 24 hours 25 µg/m3 * Industrial processes.

Visibility
Reducing
Particles
8 hours
ExCof=0.23/km
visibility of 10≥
miles
No Federal
Standard
Visibility-reducing particles consist of suspended
particulate matter, which is a complex mixture of tiny
particles that consists of dry solid fragments, solid
cores with liquid coatings, and small droplets of liquid.

These particles vary greatly in shape, size, and
chemical composition, and can be made up of many
different materials such as metals, soot, soil, dust, and salt.

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TABLE 4.3-1 AMBIENT AIR QUALITY STANDARDS FOR CRITERIA POLLUTANTS Pollutant Averaging Time
California
Standarda
Federal Primary
Standardb Major Pollutant Sources
Hydrogen
Sulfide 1 hour 0.03 ppm No Federal
Standard
Hydrogen sulfide (H2S) is a colorless gas with the odor of rotten eggs. It is formed during bacterial
decomposition of sulfur-containing organic
substances. Also, it can be present in sewer gas and
some natural gas, and can be emitted as the result of
geothermal energy exploitation.

Vinyl Chloride 24 hour 0.01 ppm No Federal
Standard
Vinyl chloride (chloroethene), a chlorinated hydrocarbon, is a colorless gas with a mild, sweet odor.

Most vinyl chloride is used to make polyvinyl chloride
(PVC) plastic and vinyl products. Vinyl chloride has
been detected near landfills, sewage plants, and
hazardous waste sites, due to microbial breakdown of
chlorinated solvents.

Notes: ppm: parts per million; μg/m3: micrograms per cubic meter * Standard has not been established for this pollutant/duration by this entity. a. California standards for O3, CO (except 8-hour Lake Tahoe), SO2 (1 and 24 hour), NO2, and particulate matter (PM10, PM2.5, and visibility reducing particles), are values that are not to be exceeded. All others are not to be equaled or exceeded. California ambient air quality standards are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations. b. National standards (other than O3, PM, and those based on annual arithmetic mean) are not to be exceeded more than once a year. The O3 standard is attained when the fourth highest 8-hour concentration measured at each site in a year, averaged over three years, is equal to or less than the standard. For PM10, the 24-hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 µg/m3 is equal to or less than one. For PM2.5, the 24-hour standard is attained when 98 percent of the daily concentrations, averaged over three years, are equal to or less than the standard.
c. On October 1, 2015, the national 8-hour ozone primary and secondary standards were lowered from 0.075 to 0.070 ppm. d. On December 14, 2012, the national annual PM2.5 primary standard was lowered from 15 μg/m3 to 12.0 µg/m3 . The existing national 24-hour PM2.5
standards (primary and secondary) were retained at 35 µg/m3 , as was the annual secondary standard of 15 µg/m3. The existing 24-hour PM10 standards (primary and secondary) of 150 µg/m3 also were retained. The form of the annual primary and secondary standards is the annual mean, averaged over 3 years.
e. On June 2, 2010, a new 1-hour SO2 standard was established, and the existing 24-hour and annual arithmetic mean standards were revoked.

Source: California Air Resources Board, 2015, Ambient Air Quality Standards, http://www.arb.ca.gov/research/aaqs/aaqs2.pdf, accessed on April 20, 2017.

CARB has promulgated the following specific rules to limit TAC emissions:
 13 CCR Chapter 10, Section 2485, Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling
 13 CCR Chapter 10, Section 2480, Airborne Toxic Control Measure to Limit School Bus Idling and Idling at Schools
 13 CCR Section 2477 and Article 8, Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets and Facilities Where TRUs Operate Air Pollutants of Concern
Criteria Air Pollutants
The pollutants emitted into the ambient air by stationary and mobile sources are categorized as primary and/or secondary pollutants. Primary air pollutants are emitted directly from sources. Carbon monoxide (CO), reactive organic gases (ROG), nitrogen oxides (NOx), sulfur dioxide (SO2), coarse inhalable particulate

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matter (PM10), fine inhalable particulate matter (PM2.5), and lead (Pb) are primary air pollutants. Of these, CO, SO2, NO2, PM10, and PM2.5 are “criteria air pollutants,” which means that AAQS have been established for them. ROG and NOx are criteria pollutant precursors that form secondary criteria air pollutants through chemical and photochemical reactions in the atmosphere. Ozone (O3) and nitrogen dioxide (NO2) are the principal secondary pollutants. Each of the primary and secondary criteria air pollutants and its known health effects is described here.
 Carbon Monoxide (CO) is a colorless, odorless gas produced by incomplete combustion of carbon substances, such as gasoline or diesel fuel. CO is a primary criteria air pollutant. CO concentrations tend to be the highest during winter mornings with little to no wind, when surface-based inversions trap the pollutant at ground levels. The highest ambient CO concentrations are generally found near traffic-congested corridors and intersections. The primary adverse health effect associated with CO is interference with normal oxygen transfer to the blood, which may result in tissue oxygen deprivation.1 The SJVAB is designated under the California and National AAQS as being in attainment of CO criteria levels.2
 Volatile Organic Compounds (VOCs) are compounds composed primarily of atoms of hydrogen and carbon. Internal combustion associated with motor vehicle usage is the major source of VOCs. Other sources of VOCs include evaporative emissions associated with the use of paints and solvents, the application of asphalt paving, and the use of household consumer products such as aerosols. There are no ambient air quality standards established for VOCs. However, because they contribute to the formation of O3, the SJVAPCD has established a significance threshold for this pollutant.  Nitrogen Oxides (NOx) are a by-product of fuel combustion and contribute to the formation of groundlevel O3, PM10, and PM2.5. The two major forms of NOx are nitric oxide (NO) and nitrogen dioxide (NO2). NO is a colorless, odorless gas formed from atmospheric nitrogen and oxygen when combustion takes place under high temperature and/or high pressure. The principal form of NO2 produced by combustion is NO, but NO reacts with oxygen quickly to form NO2, creating the mixture of NO and NO2 commonly called NOx. NO2 acts as an acute irritant and is more injurious than NO in equal concentrations. At atmospheric concentrations, however, NO2 is only potentially irritating. NO2 absorbs blue light; the result is a brownish-red cast to the atmosphere and reduced visibility. NO2 exposure concentrations near roadways are of particular concern for susceptible individuals, including people with asthma, children, and the elderly. Current scientific evidence links short-term NO2 exposures, ranging from 30 minutes to 24 hours, with adverse respiratory effects, including airway inflammation in healthy people and increased respiratory symptoms in people with asthma. Also, studies show a connection between breathing elevated short-term NO2 concentrations and increased 1 United States Environmental Protection Agency (EPA). Criteria Air Pollutants, https://www.epa.gov/criteria-air-pollutants, accessed June 28, 2017. 2 California Air Resources Board (CARB), 2015. Area Designations Maps: State and National, http://www.arb.ca.gov/ desig/adm/adm.htm, accessed July 31, 2017. San Joaquin Valley Air Pollution Control District, 2017. Ambient Air Quality Standards & Valley Attainment Status. http://www.valleyair.org/aqinfo/attainment.htm, accessed July 31, 2017.

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visits to emergency departments and hospital admissions for respiratory issues, especially asthma.3 The SJVAB is designated an attainment area for NO2 under the National and California AAQS.4  Sulfur Dioxide (SO2) is a colorless, pungent, irritating gas formed by the combustion of sulfurous fossil fuels. It enters the atmosphere as a result of burning high-sulfur-content fuel oils and coal and from chemical processes at chemical plants and refineries. Gasoline and natural gas have very low sulfur content and do not release significant quantities of SO2. When sulfur dioxide forms sulfates (SO4) in the atmosphere, together these pollutants are referred to as sulfur oxides (SOX). Thus, SO2 is both a primary and secondary criteria air pollutant. At sufficiently high concentrations, SO2 may irritate the upper respiratory tract. Current scientific evidence links short-term exposures to SO2, ranging from 5 minutes to 24 hours, with an array of adverse respiratory effects including bronchoconstriction and increased asthma symptoms. These effects are particularly important for asthmatics at elevated ventilation rates (e.g., while exercising or playing.) At lower concentrations and when combined with particulates, SO2 may do greater harm by injuring lung tissue. Studies also show a connection between short-term exposure and increased visits to emergency departments and hospital admissions for respiratory illnesses, particularly in at-risk populations including children, the elderly, and asthmatics.5 The SJVAB is designated attainment under the California and National AAQS.6  Suspended Particulate Matter (PM10 and PM2.5) consists of finely divided solids or liquids such as soot, dust, aerosols, fumes, and mists. Two forms of fine particulates are now recognized and regulated.

Inhalable coarse particles, or PM10, include particulate matter with an aerodynamic diameter of 10 microns (i.e., 10 millionths of a meter or 0.0004 inch) or less. Inhalable fine particles, or PM2.5, have an aerodynamic diameter of 2.5 microns (i.e., 2.5 millionths of a meter or 0.0001 inch) or less.

Particulate discharge into the atmosphere results primarily from industrial, agricultural, construction, and transportation activities. Both PM10 and PM2.5 may adversely affect the human respiratory system, especially in people who are naturally sensitive or susceptible to breathing problems. EPA scientific review concluded that PM2.5, which penetrates deeply into the lungs, is more likely than PM10 to contribute to health effects and at concentrations that extend well below those allowed by the current PM10 standards. These health effects include premature death in people with heart or lung disease, nonfatal heart attacks, irregular heartbeat, aggravated asthma, decreased lung function, and increased respiratory symptoms (e.g., irritation of the airways, coughing, or difficulty breathing).

Diesel particulate matter (DPM) is classified by the CARB as a carcinogen. Particulate matter can also cause environmental effects such as visibility impairment,7 environmental damage,8 and aesthetic 3 United States Environmental Protection Agency (EPA). Criteria Air Pollutants, https://www.epa.gov/criteria-air-pollutants, accessed June 28, 2017. 4 California Air Resources Board (CARB), 2015. Area Designations Maps: State and National. http://www.arb.ca.gov/desig/adm/adm.htm, accessed July 31, 2017. San Joaquin Valley Air Pollution Control District, 2017.

Ambient Air Quality Standards & Valley Attainment Status. http://www.valleyair.org/aqinfo/attainment.htm, accessed July 31, 2017.5 United States Environmental Protection Agency (EPA). Criteria Air Pollutants. https://www.epa.gov/criteria-air-pollutants, accessed , June 28, 2017. 6 California Air Resources Board (CARB), 2015. Area Designations Maps: State and National. http://www.arb.ca.gov/desig/adm/adm.htm, accessed July 31, 2017. San Joaquin Valley Air Pollution Control District, 2017.

Ambient Air Quality Standards & Valley Attainment Status. http://www.valleyair.org/aqinfo/attainment.htm, accessed July 31, 2017.7 PM2.5 is the main cause of reduced visibility (haze) in parts of the United States.

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damage.9,10 The SJVAB is a nonattainment area for PM10 under the California AAQS and nonattainment for PM2.5 under the California and National AAQS.11  Ozone (O3) is commonly referred to as “smog” and is a gas that is formed when VOCs and NOx, both by-products of internal combustion engine exhaust, undergo photochemical reactions in the presence of sunlight. O3 is a secondary criteria air pollutant. O3 concentrations are generally highest during the summer months when direct sunlight, light winds, and warm temperatures create favorable conditions for its formation. O3 poses a health threat to those who already suffer from respiratory diseases as well as to healthy people. Breathing O3 can trigger a variety of health problems, including chest pain, coughing, throat irritation, and congestion. It can worsen bronchitis, emphysema, and asthma. Ground-level O3 also can reduce lung function and inflame the linings of the lungs. Repeated exposure may permanently scar lung tissue. O3 also affects sensitive vegetation and ecosystems, including forests, parks, wildlife refuges, and wilderness areas. In particular, O3 harms sensitive vegetation, including forest trees and plants during the growing season.12 The SJVAB is designated severe nonattainment under the California AAQS (1-hour and 8-hour) and extreme nonattainment under the National AAQS (8-hour).13
 Lead (Pb) is a metal found naturally in the environment as well as in manufactured products. The major sources of lead emissions have historically been mobile and industrial sources. As a result of the EPA’s regulatory efforts to remove lead from on-road motor vehicle gasoline, emissions of lead from the transportation sector dramatically declined by 95 percent between 1980 and 1999, and levels of lead in the air decreased by 94 percent between 1980 and 1999. Today, the highest levels of lead in air are usually found near lead smelters. The major sources of lead emissions to the air today are ore and metals processing and piston-engine aircraft operating on leaded aviation gasoline. Once taken into the body, lead distributes throughout the body in the blood and is accumulated in the bones.

Depending on the level of exposure, lead can adversely affect the nervous system, kidney function, immune system, reproductive and developmental systems, and the cardiovascular system. Lead exposure also affects the oxygen-carrying capacity of the blood. The lead effects most commonly encountered in current populations are neurological effects in children and cardiovascular effects (e.g., high blood pressure and heart disease) in adults. Infants and young children are especially sensitive to even low levels of lead, which may contribute to behavioral problems, learning deficits, 8 Particulate matter can be carried over long distances by wind and then settle on ground or water. The effects of this settling include: making lakes and streams acidic; changing the nutrient balance in coastal waters and large river basins; depleting the nutrients in soil; damaging sensitive forests and farm crops; and affecting the diversity of ecosystems. 9 Particulate matter can stain and damage stone and other materials, including culturally important objects such as statues and monuments. 10 United States Environmental Protection Agency (EPA). Criteria Air Pollutants. https://www.epa.gov/criteria-air-pollutants, accessed June 28, 2017. 11 California Air Resources Board (CARB), 2015. Area Designations Maps: State and National, http://www.arb.ca.gov/ desig/adm/adm.htm, accessed July 31, 2017. San Joaquin Valley Air Pollution Control District, 2017. Ambient Air Quality Standards & Valley Attainment Status. http://www.valleyair.org/aqinfo/attainment.htm, accessed July 31, 2017. 12 United States Environmental Protection Agency (EPA). Criteria Air Pollutants. https://www.epa.gov/criteria-air-pollutants, accessed June 28, 2017. 13 California Air Resources Board (CARB), 2015. Area Designations Maps: State and National, http://www.arb.ca.gov/ desig/adm/adm.htm, accessed July 31, 2017. San Joaquin Valley Air Pollution Control District, 2017. Ambient Air Quality Standards & Valley Attainment Status. http://www.valleyair.org/aqinfo/attainment.htm, accessed July 31, 2017.

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and lowered IQ.14 The SJVAB is designated in attainment of the California and National AAQS for lead.15 Because emissions of lead are found only in projects that are permitted by SJVAPCD, lead is not an air quality of concern for the proposed Plan.

Toxic Air Contaminants
At the time of the last update to the TAC list in December 1999, CARB had designated 244 compounds as TACs.16 Additionally, CARB has implemented control measures for a number of compounds that pose high risks and show potential for effective control. The majority of the estimated health risks from TACs can be attributed to relatively few compounds, the most important being particulate matter from diesel-fueled engines.

Diesel Particulate Matter
In 1998, CARB identified DPM as a TAC. Previously, the individual chemical compounds in diesel exhaust were considered TACs. Almost all diesel exhaust particles are 10 microns or less in diameter. Because of their extremely small size, these particles can be inhaled and eventually trapped in the bronchial and alveolar regions of the lungs.

Regional Regulations
San Joaquin Valley Air Pollution Control District
The primary role of SJVAPCD is to develop plans and implement control measures in the SJVAB to control air pollution. These controls primarily affect stationary sources such as industry and power plants. Rules and regulations have been developed by SJVAPCD to control air pollution from a wide range of air pollution sources. SJVAPCD also provides uniform procedures for assessing potential air quality impacts of proposed projects and for preparing the air quality section of environmental documents.17 Air Quality Planning
The EPA requires states that have areas that do not meet the National AAQS to prepare and submit air quality plans showing how the National AAQS will be met. If the states cannot show how the National AAQS will be met, then the states must show progress toward meeting the National AAQS. These plans are referred to as the State Implementation Plans (SIP). California’s adopted 2007 State Strategy was 14 United States Environmental Protection Agency (EPA). Criteria Air Pollutants, https://www.epa.gov/criteria-air-pollutants, accessed June28, 2017. 15 California Air Resources Board (CARB), 2015. Area Designations Maps: State and National, http://www.arb.ca.gov/ desig/adm/adm.htm, accessed July 31, 2017. San Joaquin Valley Air Pollution Control District, 2017. Ambient Air Quality Standards & Valley Attainment Status. http://www.valleyair.org/aqinfo/attainment.htm, accessed July 31, 2017. 16 California Air Resources Board (CARB), 1999. Final Staff Report: Update to the Toxic Air Contaminant List. 17 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017.

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submitted to the EPA as a revision to its SIP in November 2007.18 In addition, CARB requires regions that do not meet California AAQS for ozone to submit clean air plans (CAPs) that describe measures to attain the standard or show progress toward attainment. To ensure federal CAA compliance, SJVAPCD is currently developing plans for meeting new National AAQS for ozone and PM2.5 and the California AAQS for PM10 in the SJVAB (for California CAA compliance).19 The following describes the air plans prepared by the SJVAPCD, which are incorporated by reference per CEQA Guidelines Section 15150. 1-Hour Ozone Plan
Although US EPA revoked its 1979 1-hour ozone standard in June 2005, many planning requirements remain in place, and SJVAPCD must still attain this standard before it can rescind CAA Section 185 fees.

The SJVAPCD’s most recent 1-hour ozone plan, the 2013 Plan for the Revoked 1-hour Ozone Standard, demonstrated attainment of the 1-hour ozone standard by 2017. However, on July 18, 2016, the EPA published in the Federal Register a final action determining that SJVAB has attained the 1-hour ozone NAAQS based on the 2012 to 2014 three-year period allowing nonattainment penalties to be lifted under federal Clean Air Act section 179b.
20 8-Hour Ozone Plan
The SJVAPCD’s Governing Board adopted the 2007 Ozone Plan on April 30, 2007. This far-reaching plan, with innovative measures and a “dual path” strategy, assures expeditious attainment of the federal 8-hour ozone standard as set by EPA in 1997. The plan projects that the valley will achieve the 8-hour ozone standard for all areas of the SJVAB no later than 2023. CARB approved the plan on June 14, 2007. EPA approved the 2007 Ozone Plan effective April 30, 2012. SJVAPCD adopted the 2016 Ozone Plan to address the federal 2008 8-hour ozone standard, which must be attained by end of 2031.21,22 PM10 Plan
Based on PM10 measurements from 2003 to 2006, EPA found that the SJVAB has reached federal PM10 standards. On September 21, 2007, the SJVAPCD’s Governing Board adopted the 2007 PM10 Maintenance Plan and Request for Redesignation. This plan demonstrates that the valley will continue to meet the PM10 standard. EPA approved the document and on September 25, 2008, the SJVAB was redesignated to attainment/maintenance.
23 18 Note that the plan was adopted by CARB on September 27, 2007; California Air Resources Board. 2007. Air Resources Board’s Proposed State Strategy for California’s 2007 State Implementation Plan. 19 San Joaquin Valley Air Pollution Control District (SJVAPCD), 2012. 2012 PM2.5 Plan, December 20. 20 San Joaquin Valley Air Pollution Control District (SJVAPCD). Ozone Plans. http://www.valleyair.org/ Air_Quality_Plans/Ozone_Plans.htm, accessed July 31, 2017. 21 San Joaquin Valley Air Pollution Control District (SJVAPCD). Ozone Plans. http://www.valleyair.org/ Air_Quality_Plans/Ozone_Plans.htm, accessed July 31, 2017. 22 San Joaquin Valley Air Pollution Control District. 2016 Plan for the 2008 8-Hour Ozone Standard, http://www.valleyair.org/Air_Quality_Plans/Ozone-Plan-2016.htm, accessed July 31, 2017. 23 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017.

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PM2.5 Plan
The SJVAPCD adopted the 2012 PM2.5 Plan on December 20, 2012 (SJVAPCD 2012). This plan was approved by CARB on January 24, 2013. This plan will assure that the valley will attain the 2006 PM2.5 National AAQS. The plan uses control measures to reduce NOX, which also leads to fine particulate formation in the atmosphere. The plan incorporates measures to reduce direct emissions of PM2.5, including a strengthening of regulations for various SJVAB industries and the general public through new rules and amendments. The plan estimates that the SJVAB will reach the PM2.5 standard by 2019.24 In addition, SJVAPCD also adopted the 2015 PM2.5 Plan for the 1997 PM2.5 Standard on April 16, 2015 to achieve attainment for the EPA 1997 annual and 24-hour PM2.5 standards by end of 2020. Furthermore, SJVAPCD adopted the 2016 Moderate Area Plan for the 2012 PM2.5 Standard on September 15, 2016 which requests a new attainment deadline of 2025.25
All of the above-referenced plans include measures (i.e., federal, state, and local) that would be implemented through rule making or program funding to reduce air pollutant emissions in the SJVAB.

Transportation control measures are part of these plans.

Applicable SJVAPCD Rules and Regulations
Assembly Bill 170
Assembly Bill 170, Reyes (AB 170), was adopted by state lawmakers in 2003, creating Government Code Section 65302.1, which requires cities and counties in the San Joaquin Valley to amend their general plans to include data and analysis, comprehensive goals, policies, and feasible implementation strategies designed to improve air quality. The elements to be amended include, but are not limited to, those elements dealing with land use, circulation, housing, conservation, and open space. Section 65302.1.c identifies four areas of air quality discussion required in these amendments:
 A report describing local air quality conditions, attainment status, and state and federal air quality and transportation plans;
 A summary of local, district, state, and federal policies, programs, and regulations to improve air quality;
 A comprehensive set of goals, policies, and objectives to improve air quality;  Feasible implementation measures designed to achieve these goals. 24 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017. 25 San Joaquin Valley Air Pollution Control District (SJVAPCD). Particulate Matter Plans, http://www.valleyair.org/ Air_Quality_Plans/PM_Plans.htm, accessed July 31, 2017.

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SJVAPCD Indirect Source Review
On December 15, 2005, SJVAPCD adopted the Indirect Source Review Rule (ISR or Rule 9510) to reduce ozone precursors (i.e., VOC and NOX) and PM10 emissions from new land use development projects.26 Specifically, Rule 9510 targets the indirect emissions from vehicles and construction equipment associated with these projects and applies to both construction and operational-related impacts. The rule applies to any applicant that seeks to gain a final discretionary approval for a development project, or any portion thereof, which upon full buildout would include any one of the following:
 50 residential units.
 2,000 square feet of commercial space.
 25,000 square feet of light industrial space.
 100,000 square feet of heavy industrial space.
 20,000 square feet of medical office space.
 39,000 square feet of general office space.
 9,000 square feet of educational space.
 10,000 square feet of government space.
 20,000 square feet of recreational space.
 9,000 square feet of space not identified above.
 Transportation/transit projects with construction exhaust emissions of two or more tons of NOx or two or more tons of PM10.
 Residential projects on contiguous or adjacent property under common ownership of a single entity in whole or in part, that is designated and zoned for the same development density and land use, regardless of the number of tract maps, and has the capability of accommodating more than 50 residential units.
 Nonresidential projects on contiguous or adjacent property under common ownership of a single entity in whole or in part, that is designated and zoned for the same development density and land use, and has the capability of accommodating development projects that emit two or more tons per year of NOX or PM10 during project operations.

The rule requires all subject, nonexempt projects27 to mitigate both construction and operational period emissions by (1) applying feasible SJVAPCD-approved mitigation measures, or (2) paying any applicable fees to support programs that reduce emissions. Off-site emissions reduction fees (off-site fee) are required for projects that do not achieve the required emissions reductions through on-site emission 26 San Joaquin Valley Air Pollution Control District (SJVAPCD), 2005. Final Staff Report: Rule 9510 – Indirect Source Review (ISR), Rule 3180 – Administrative Fees for Indirect Source Review, December 15, http://www.valleyair.org/ISR/Documents/ Rule_9510_StaffReport.pdf, accessed July 31, 2017. 27 Development projects that have a mitigated baseline below 2 tons per year of NOX and 2 tons per year of PM10 are exempt.

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reduction measures. Phased projects can defer payment of fees in accordance with an Off-site Emissions Reduction Fee Deferral Schedule (FDS) approved by the SJVAPCD.

To determine how an individual project would satisfy Rule 9510, each project would submit an air quality impact assessment (AIA) to the SJVAPCD as early as possible, but no later than prior to the project’s final discretionary approval, to identify the project’s baseline unmitigated emissions inventory for indirect sources: on-site exhaust emissions from construction activities and operational activities from mobile and area sources of emissions (excludes fugitive dust and permitted sources).28 Rule 9510 requires the following reductions, which are levels that the SJVAPCD has identified as necessary, based on their air quality management plans, to reach attainment for ozone and particulate matter:

Construction Equipment Emissions. The exhaust emissions for construction equipment greater than 50 horsepower (hp) used or associated with the development project shall be reduced by the following amounts from the statewide average as estimated by CARB:
 20 percent of the total NOX emissions
 45 percent of the total PM10 exhaust emissions
Mitigation measures may include those that reduce construction emissions on-site by using less polluting construction equipment, which can be achieved by utilizing add-on controls, cleaner fuels, or newer, lower emitting equipment.

Operational Emissions.
 NOx Emissions. Applicants shall reduce 33.3 percent of the project’s operational baseline NOX emissions over a period of 10 years as quantified in the approved AIA.  PM10 Emissions. Applicants shall reduce of 50 percent of the project’s operational baseline PM10 emissions over a period of 10 years as quantified in the approved AIA.

These requirements listed above can be met through any combination of on-site emission reduction measures. In the event that a project cannot achieve the above standards through imposition of mitigation measures, then the project would be required to pay the applicable off-site fees. These fees are used to fund various incentive programs that cover the purchase of new equipment, engine retrofit, and education and outreach.

New and Modified Stationary Source Review
SJVAPCD adopted Rule 2201, New and Modified Stationary Source Review, to control emissions from new stationary sources and all modifications to existing stationary sources which are subject to SJVAPCD’s permit requirements (i.e., “permit projects” for which the SJVAPCD is the lead agency). Permit projects that exceed the Source Performance Standards are required to install Best Available Control Technology (BACT) to control emissions to the maximum extent practicable. 28 Stationary sources of air pollutant emissions are covered separately under SJVAPCD’s Rule 2201, New and Modified Stationary Source Review.

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Fugitive PM10 Prohibitions
SJVAPCD controls fugitive PM10 through Regulation VIII, Fugitive PM10 Prohibitions. The purpose of this regulation is to reduce ambient concentrations of PM10 and PM2.5 by requiring actions to prevent, reduce, or mitigate anthropogenic (human caused) fugitive dust emissions.  Regulation VIII, Rule 8021 applies to any construction, demolition, excavation, extraction, and other earthmoving activities, including, but not limited to, land clearing, grubbing, scraping, travel on-site, and travel on access roads to and from the site.
 Regulation VIII, Rule 8031 applies to the outdoor handling, storage, and transport of any bulk material.
 Regulation VIII, Rule 8041 applies to sites where carryout or trackout has occurred or may occur on paved roads or the paved shoulders of public roads.
 Regulation VIII, Rule 8051 applies to any open area having 0.5 acre or more within urban areas or

3.0 acres or more within rural areas, and contains at least 1,000 square feet of disturbed surface area.  Regulation VIII, Rule 8061 applies to any new or existing public or private paved or unpaved road, road construction project, or road modification project.
 Regulation VIII, Rule 8071 applies to any unpaved vehicle/equipment traffic area.  Regulation VIII, Rule 8081 applies to off-field agricultural sources.

Sources regulated are required to provide Dust Control Plans that meet the regulation requirements.

Under Rule 8021, a Dust Control Plan is required for any residential project that will include 10 or more acres of disturbed surface area, a nonresidential project with 5 or more acres of disturbed surface area, or a project that relocates 2,500 cubic yards per day of bulk materials for at least three days. The Dust Control Plan is required to be submitted to SJVAPCD prior to the start of any construction activity. The Dust Control Plan must also describe fugitive dust control measure to be implemented before, during, and after any dust-generating activity. For sites smaller than those listed above, the project is still required to notify SJVAPCD a minimum of 48 hours prior to commencing earthmoving activities.

Nuisance Odors
SJVAPCD controls nuisance odors through implementation of Rule 4102, Nuisance. Pursuant to this rule, “a person shall not discharge from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health, or safety of any such person or the public or which cause or have a natural tendency to cause injury or damage to business or property.” Employer Based Trip Reduction Program
SJVAPCD has implemented Rule 9410, Employer Based Trip Reduction. The purpose of this rule is to reduce VMT from private vehicles used by employees to commute to and from their worksites to reduce emissions of NOx, VOC, and particulate matter (PM10 and PM2.5). The rule applies to employers with at least 100 employees. Employers are required to implement an Employer Trip Reduction Implementation

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Plan (ETRIP) for each worksite with 100 or more eligible employees to meet applicable targets specified in the rule. Employers are required to facilitate the participation of the development of ETRIPs by providing information to its employees explaining the requirements and applicability of this rule. Employers are required to prepare and submit an ETRIP for each worksite to the District. The ETRIP must be updated annually. Under this rule, employers shall collect information on the modes of transportation used for each eligible employee’s commutes both to and from work for every day of the commute verification period, as defined in using either the mandatory commute verification method or a representative survey method. Annual reporting includes the results of the commute verification for the previous calendar year along with the measures implemented as outlined in the ETRIP and, if necessary, any updates to the ETRIP.

Local Regulations
City of Fresno General Plan
The Fresno General Plan includes objectives and policies within its Resource Conservation and Resilience Element that pertain directly to air quality. However, various objectives and policies included in the other General Plan Elements related to land use development patterns (e.g., infill and mixed-use development), transportation and transit, and urban form would also contribute in improving air quality within the proposed Plan Area and SJVAB. Table 4.3-2 includes examples of General Plan objectives and policies that pertain to improving air quality.

4.3.1.2 EXISTING CONDITIONS
San Joaquin Valley Air Basin
The City of Fresno (City) is in the central portion of the SJVAB. SJVAB consists of eight counties: Fresno, Kern (western and central), Kings, Tulare, Madera, Merced, San Joaquin, and Stanislaus. Air pollution from significant activities in the SJVAB includes a variety of industrial-based sources as well as on- and off-road mobile sources. These sources, coupled with geographical and meteorological conditions unique to the area, stimulate the formation of unhealthy air.

The SJVAB is approximately 250 miles long and an average of 35 miles wide. It is bordered by the Sierra Nevada in the east, the Coast Ranges in the west, and the Tehachapi mountains in the south. There is a slight downward elevation gradient from Bakersfield in the southeast end (elevation 408 feet) to sea level at the northwest end where the valley opens to the San Francisco Bay at the Carquinez Straits. At its northern end is the Sacramento Valley, which comprises the northern half of California’s Central Valley.

The bowl-shaped topography inhibits movement of pollutants out of the valley.29 29 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017.

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TABLE 4.3-2 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO AIR QUALITY Objective/
Policy
Number Objective/Policy Text
Urban Form, Land Use and Design Element
Policy UF‐1‐c
Identifiable City Structure. Focus integrated and ongoing planning efforts to achieve an identifiable city structure, comprised of a concentration of buildings, people, and pedestrian‐oriented activity in Downtown; along a small number of prominent east‐west and north‐south transit‐oriented, mixed‐use corridors with distinctive and strategically located Activity Centers; and in existing and new neighborhoods augmented with parks and connected by multi‐purpose trails and tree lined bike lanes and streets.

Policy UF‐1‐e
Unique Neighborhoods. Promote and protect unique neighborhoods and mixed use areas throughout Fresno that respect and support various ethnic, cultural and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts.

Objective UF‐12
Locate roughly one-half of future residential development in infill areas – defined as being within the City on December 31, 2012 – including the Downtown core area and surrounding neighborhoods, mixed-use centers and transit-oriented development along major BRT corridors, and other non-corridor infill areas, and vacant land.

Policy UF‐12‐a
BRT Corridors. Design land uses and integrate development site plans along BRT corridors, with transitoriented development that supports transit ridership and convenient pedestrian access to bus stops and BRT station stops.

Policy UF-12-b
Activity Centers. Mixed‐use designated areas along BRT and/or transit corridors are appropriate for more intensive concentrations of urban uses. Typical uses could include commercial areas; employment centers; schools; compact residential development; religious institutions; parks; and other gathering points where residents may interact, work, and obtain goods and services in the same place.

Policy UF-12-d
Appropriate Mixed‐Use. Facilitate the development of vertical and horizontal mixed-uses to blend residential, commercial, and public land uses on one site or adjacent sites. Ensure land use compatibility between mixed‐ use districts in Activity Centers and the surrounding residential neighborhoods.

Policy UF-12e
Access to Activity Centers. Promote adoptions and implementation of standards supporting pedestrian activities and bicycle linkages from surrounding land uses and neighborhoods into Activity Centers and to transit stops. Provide for priority transit routes and facilities to serve the Activity Centers.

Policy UF‐12‐f
Mixed‐Use in Activity Centers. Update the Development Code to include use regulations and standards to allow for mixed‐uses and shared parking facilities, including multi‐story and underground parking facilities, within Activity Centers.

Objective UF‐14 Create an urban form that facilitates multi‐modal connectivity.

Policy UF‐14‐a
Design Guidelines for Walkability. Develop and use design guidelines and standards for a walkable and pedestrian‐scaled environment with a network of streets and connections for pedestrians and bicyclists, as well as transit and autos.

Policy UF-14-b
Local Street Connectivity. Design local roadways to connect throughout neighborhoods and large private developments with adjacent major streets and pathways of existing adjacent development. Create access for pedestrians and bicycles where a local street must dead end or be designed as a cul‐de‐sac to adjoining uses that provide services, shopping, and connecting pathways for access to the greater community area.

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

Policy LU‐2‐a
Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and redevelopable land uses within the City Limit where urban services are available considering the establishment and implementation of supportive regulations and programs.

Policy LU-2-b
Infill Development for Affordable Housing. Consider a priority infill incentive program for residential infill development of existing vacant lots and underutilized sites within the City as a strategy to help to meet the affordable housing needs of the community.

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TABLE 4.3-2 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO AIR QUALITY Objective/
Policy
Number Objective/Policy Text
Policy LU‐3‐c
Zoning for High Density on Major BRT Corridors. Consider the adoption of supportive zoning regulations for compact development along BRT corridors leading to the Downtown Core that will not diminish the long‐term growth and development potential for Downtown.

Policy LU‐5‐f High Density Residential Uses. Promote high‐density residential uses to support Activity Centers and BRT Corridors, affordable housing and walkable access to transit stops.

Policy LU‐6‐d
Neighborhood and Community Commercial Center Design. Plan for neighborhood mixed use and community commercial uses to implement the Urban Form concepts of the General Plan, promote the stability and identity of neighborhood and community shopping areas, and allow efficient access without compromising the operational effectiveness of the street system.
 Neighborhoods will be anchored by community commercial centers with a mix of uses that meet the area’s needs and create a sense of place.
 Community commercial centers will be located within Activity Centers.

Policy LU‐6‐f
Auto‐Oriented Commercial Uses. Direct highway‐oriented and auto‐serving commercial uses to locations that are compatible with the Urban Form policies of the General Plan. Ensure adequate buffering measures for adjacent residential uses noise, glare, odors, and dust.

Policy LU-8-b Access to Public Facilities. Ensure that major public facilities and institutions have adequate multi‐modal access and can be easily reached by public transit.

Resource Conservation and Resiliency Element
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.

Policy RC-4-d
Forward Information. Forward information regarding proposed General Plan amendments, community plans, Specific Plans, neighborhood plans, Concept Plans, and development proposals that require air quality evaluation, and amendments to development regulations to the SJVAPCD for their review of potential air quality and health impacts.

Policy RC-4-e
Support Employer‐Based Efforts. Support and promote employer implementation of staggered work hours and employee incentives to use carpools, public transit and other measures to reduce vehicular use and traffic congestion.

Policy RC-4-f
Municipal Operations and Fleet Actions. Continue to control and reduce air pollution emissions from vehicles owned by the City operations and municipal operations and facilities by undertaking the following:
 Expand the use of alternative fuel, electric, and hybrid vehicles in City fleets.  Create preventive maintenance schedules that will ensure efficient engine operation.  Include air conditioning recycling and charging stations in the City vehicle maintenance facilities, to reduce freon gases being released into the atmosphere and electrostatic filtering systems in City maintenance shops, when feasible or when required by health regulations.  Use satellite corporation yards for decentralized storage and vehicle maintenance.  Convert City‐owned emergency backup generators to natural gas fuels whenever possible, and  Create an advanced energy storage system.

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TABLE 4.3-2 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO AIR QUALITY Objective/
Policy
Number Objective/Policy Text
Policy RC-4-g
FAX Actions. Continue efforts to improve Fresno Area Express (FAX) bus transit system technical performance, reduce emission levels, streamline system operations, and implement BRT where supportive land uses are proposed by Figure LU‐1: Land Use Diagram.

Policy RC-4-h Airport Actions. Support Airport efforts to develop and maintain programs and policies to support City, State and Federal efforts to achieve and maintain air quality standards.

Policy RC-4-j All Departments. Continue to develop and implement in all City departments, operational policies to reduce air pollution.

Policy RC-4-k Electric Charging. Develop standards to facilitate electric charging infrastructure in both new and existing public and private buildings, in order to accommodate these vehicles as the technology becomes widespread.

Policy RC-8-j
Alternative Fuel Network. Support the development of a network of integrated charging and alternate fuel station for both public and private vehicles, and if feasible, open up municipal stations to the public as part of network development.

Healthy Communities Element
Policy HC-3-d
Green Standards for Affordable Housing. Provide appropriate incentives for affordable housing providers, agencies, non‐profit and market rate developers to use LEED and CalGreen Tier 1 or Tier 2 standards or third party equivalents.

Policy HC-3-f New Drive‐Through Facilities. Include in the Development Code design review to reduce vehicle emissions resulting from queued idling vehicles at drive‐through facilities in proximity to residential neighborhoods.

Mobility and Transportation Element
Objective MT‐3 Identify, promote and preserve scenic or aesthetically unique corridors by application of appropriate policies and regulations.

Policy MT‐1‐f
Match Travel Demand with Transportation Facilities. Designate the types and intensities of land uses at locations such that related travel demands can be accommodated by a variety of viable transportation modes and support Complete Neighborhoods while avoiding the rerouting of excessive or incompatible traffic through local residential streets.

Policy MT-1-g
Complete Streets Concept Implementation. Provide transportation facilities based upon a Complete Streets concept that facilitates the balanced use of all viable travel modes (pedestrians, bicyclists, motor vehicle and transit users), meeting the transportation needs of all ages, income groups, and abilities and providing mobility for a variety of trip purposes, while also supporting other City goals.

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.

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TABLE 4.3-2 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO AIR QUALITY Objective/
Policy
Number Objective/Policy Text
Policy MT-2-b
Reduce Vehicle Miles Traveled and Trips. Partner with major employers and other responsible agencies, such the San Joaquin Valley Air Pollution Control District and the Fresno Council of Governments, to implement trip reduction strategies, such as eTRIP, to reduce total vehicle miles traveled and the total number of daily and peak hour vehicle trips, thereby making better use of the existing transportation system.

Policy MT-2-c
Reduce VMT through Infill Development. Provide incentives for infill development that would provide jobs and services closer to housing and multi-modal transportations corridors in order to reduce citywide vehicle miles travelled (VMT).

Policy MT-2-g
Transportation Demand Management and Transportation System Management. Pursue implementation of Transportation Demand Management and Transportation System Management strategies to reduce peak hour vehicle traffic and supplement the capacity of the transportation system.

Objective MT‐4
To establish and maintain a continuous, safe, and easily accessible bikeways system throughout the metropolitan area to reduce vehicle use, improve air quality and the quality of life, and provide public health benefits.

Policy MT-4-b
Bikeway Improvements. Establish and implement property development standards to assure that projects adjacent to designated bikeways provide adequate right-of-way and that necessary improvements are constructed to implement the planned bikeway system shown on Figure MT-2 to provide for bikeways, to the extent feasible, when existing roadways are reconstructed; and alternative bikeway alignments or routes where inadequate right-of-way is available.

Policy MT-4-d
Prioritization of Bikeway Improvements. Prioritize bikeway components that link existing separated sections of the system, or that are likely to serve the highest concentration of existing or potential cyclists, particularly in those neighborhoods with low vehicle ownership rates, or that are likely to serve destination areas with the highest demand such as schools, shopping areas, recreational and park areas, and employment centers.

Policy MT-5-a
Sidewalk Development. Pursue funding and implement standards for development of sidewalks on public streets, with priority given to meeting the needs of persons with physical and vision limitations; providing safe routes to school; completing pedestrian improvements in established neighborhoods with lower vehicle ownership rates; or providing pedestrian access to public transportation routes.

Policy MT-5-b
Sidewalk Requirements. Assure adequate access for pedestrians and people with disabilities in new residential developments per adopted City policies, consistent with the California Building Code and the Americans with Disabilities Act.

Policy MT-8-c
New Development Facilitating Transit. Continue to review development proposals in transportation corridors to ensure they are designed to facilitate transit. Coordinate all projects that have residential or employment densities suitable for transit services, so they are located along existing or planned transit corridors or that otherwise have the potential for transit orientation to FAX, and consider FAX’s comments in decision-making.

Climate
The SJVAB is in a Mediterranean climate zone and is influenced by a subtropical high-pressure cell most of the year. Mediterranean climates are characterized by sparse rainfall, which occurs mainly in winter.

Summers are hot and dry. Summertime maximum temperatures often exceed 100°F in the valley.

The subtropical high-pressure cell is strongest during spring, summer, and fall and produces subsiding air, which can result in temperature inversions in the valley. A temperature inversion can act like a lid, inhibiting vertical mixing of the air mass at the surface. Any emissions of pollutants can be trapped below the inversion. Most of the surrounding mountains are above the normal height of summer inversions (1,500 to 3,000 feet).

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Winter-time high pressure events can often last many weeks, with surface temperatures often lowering into the 30°F. During these events, fog can be present and inversions are extremely strong. These wintertime inversions can inhibit vertical mixing of pollutants to a few hundred feet.30 Wind Patterns
Wind speed and direction play an important role in dispersion and transport of air pollutants. Wind at the surface and aloft can disperse pollution by mixing and transporting it to other locations.

Especially in summer, winds in the valley most frequently blow from the northwest. The region’s topographic features restrict air movement and channel the air mass towards the southeastern end of the valley. Marine air can flow into the basin from the San Joaquin River Delta and over Altamont Pass and Pacheco Pass, where it can flow along the axis of the valley, over the Tehachapi pass, into the Southeast Desert Air Basin. This wind pattern contributes to transporting pollutants from the Sacramento Valley and the Bay Area into the SJVAB. Approximately 27 percent of the total emissions in the northern portion, 11 percent of total emissions in the central region, and 7 percent of total emission in the south valley of the SJVAB are attributed to air pollution transported from these two areas.31 The Coastal Range is a barrier to air movement to the west and the high Sierra Nevada range is a significant barrier to the east (the highest peaks in the southern Sierra Nevada reach almost halfway through the Earth’s atmosphere).

Many days in the winter are marked by stagnation events where winds are very weak. Transport of pollutants during winter can be very limited. A secondary but significant summer wind pattern is from the southeast and can be associated with nighttime drainage winds, prefrontal conditions, and summer monsoons.

Two significant diurnal wind cycles that occur frequently in the valley are the sea breeze and mountainvalley upslope and drainage flows. The sea breeze can accentuate the northwest wind flow, especially on summer afternoons. Nighttime drainage flows can accentuate the southeast movement of air down the valley. In the mountains during periods of weak synoptic scale winds, winds tend to be upslope during the day and downslope at night. Nighttime and drainage flows are especially pronounced during the winter when flow from the easterly direction is enhanced by nighttime cooling in the Sierra Nevada. Eddies can form in the valley wind flow and can recirculate a polluted air mass for an extended period. Such an eddy occurs in the Fresno area during both winter and summer.32 Temperature
Solar radiation and temperature are particularly important in the chemistry of ozone formation. The SJVAB averages over 260 sunny days per year. Photochemical air pollution (primarily ozone) is produced by the atmospheric reaction of organic substances (such as volatile organic compounds) and nitrogen dioxide 30 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017. 31 San Joaquin Valley Air Pollution Control District (SJVAPCD). Frequently Asked Questions, http://www.valleyair.org/general_info/frequently_asked_questions.htm#What%20is%20being%20done%20to%20improve%20ai r%20quality%20in%20the%20San%20Joaquin%20Valley, accessed July 31, 2017. 32 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017.

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under the influence of sunlight. Ozone concentrations are very dependent on the amount of solar radiation, especially during late spring, summer, and early fall. Ozone levels typically peak in the afternoon. After the sun goes down, the chemical reaction between nitrous oxide and ozone begins to dominate. This reaction tends to scavenge and remove the ozone in the metropolitan areas through the early morning hours, resulting in the lowest ozone levels, possibly reaching zero at sunrise in areas with high nitrogen oxides emissions. At sunrise, nitrogen oxides tend to peak, partly due to low levels of ozone at this time and also due to the morning commuter vehicle emissions of nitrogen oxides.

Generally, the higher the temperature, the more ozone formed, since reaction rates increase with temperature. However, extremely hot temperatures can “lift” or “break” the inversion layer. Typically, if the inversion layer does not lift to allow the buildup of contaminants to be dispersed, the ozone levels will peak in the late afternoon. If the inversion layer breaks and the resultant afternoon winds occur, the ozone will peak in the early afternoon and decrease in the late afternoon as the contaminants are dispersed or transported out of the SJVAB.

Ozone levels are low during winter periods when there is much less sunlight to drive the photochemical reaction.33
Precipitation, Humidity, and Fog
Precipitation and fog may reduce or limit some pollutant concentrations. Ozone needs sunlight for its formation, and clouds and fog can block the required solar radiation. Wet fogs can cleanse the air during winter as moisture collects on particles and deposits them on the ground. Atmospheric moisture can also increase pollution levels. In fogs with less water content, the moisture acts to form secondary ammonium nitrate particulate matter. This ammonium nitrate is part of the valley’s PM2.5 and PM10 problem. The winds and unstable air conditions experienced during the passage of winter storms result in periods of low pollutant concentrations and excellent visibility. Between winter storms, high pressure and light winds allow cold moist air to pool on the SJVAB floor. This creates strong low-level temperature inversions and very stable air conditions, which can lead to tule fog. Wintertime conditions favorable to fog formation are also conditions favorable to high concentrations of PM2.5 and PM10. 34 Inversions
The vertical dispersion of air pollutants in the San Joaquin Valley can be limited by persistent temperature inversions. Air temperature in the lowest layer of the atmosphere typically decreases with altitude. A reversal of this atmospheric state, where the air temperature increases with height, is termed an inversion. The height of the base of the inversion is known as the “mixing height.” This is the level to which pollutants can mix vertically. Mixing of air is minimized above and below the inversion base. The inversion base represents an abrupt density change where little air movement occurs. 33 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017. 34 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017.

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Inversion layers are significant in determining pollutant concentrations. Concentration levels can be related to the amount of mixing space below the inversion. Temperature inversions that occur on the summer days are usually 2,000 to 2,500 feet above the valley floor. In winter months, overnight inversions occur 500 to 1,500 feet above the valley floor.35
Attainment Status
The air quality management plans (AQMP) prepared by SJVAPCD provide the framework for SJVAB to achieve attainment of the State and federal AAQS through the SIP. Areas are classified as attainment or nonattainment areas for particular pollutants, depending on whether they meet the ambient air quality standards. Severity classifications for ozone nonattainment range in magnitude from marginal, moderate, and serious to severe and extreme.

At the federal level, the SJVAPCD is designated as extreme nonattainment for the 8-hour ozone standard, attainment for PM10 and CO, and nonattainment for PM2.5. At the State level, the SJVAB is designated nonattainment for the 8-hour ozone, PM10, and PM2.5 standards. Although the federal 1-hour ozone standard was revoked in 2005, the SJVAB attained the federal 1-hour ozone in 2016 allowing for penalties that were still in place to be lifted under federal CCA Section 179b.
36 The attainment status for the SJVAB with respect to
various pollutants of concern is displayed in Table 4.3-3.

Existing Ambient Air Quality
CARB, in cooperation with SJVAPCD, monitors air quality throughout the SJVAB. The closest monitoring station to the proposed Plan Area is the Fresno – Drummond Street Monitoring Station in the City. This station monitors O3, CO, NO2, and PM10. Data from the Fresno – Hamilton and Winery and Fresno – 1st Street Monitoring Stations was utilized to supplement data for CO and PM2.5, respectively. Data from these stations was summarized in Table 4.3-4. In general, the ambient air quality measurements from these stations are representative of the air quality in the vicinity of the City. The topographical features and meteorological conditions specific to the region and to the City of Fresno are variables that can have an effect on the level of air quality as recorded at the aforementioned monitoring stations.

As shown in the table, the area regularly exceeds the California and National AAQs for O3. In addition, the area regularly exceeds the National PM2.5 AAQS and the California PM10 AAQS. The area has not exceeded the CO or NO2 standards in the last five years.

35 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017. 36 San Joaquin Valley Air Pollution Control District (SJVAPCD). Ozone Plans. http://www.valleyair.org/ Air_Quality_Plans/Ozone_Plans.htm, accessed July 31, 2017.

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TABLE 4.3-3 ATTAINMENT STATUS OF CRITERIA POLLUTANTS IN THE SAN JOAQUIN VALLEY AREA AIR BASIN Pollutant Federal State
Ozone – 1-hour Revoked in 2005a Nonattainment/Severe
Ozone – 8-hour Nonattainment/Extremeb Nonattainment
Respirable Particulate Matter (PM10) Attainmentc Nonattainment Fine Particulate Matter (PM2.5) Nonattainmentd Nonattainment Carbon Monoxide (CO) Attainment/Unclassified Attainment/Unclassified Nitrogen Dioxide (NO2) Attainment/Unclassified Attainment Sulfur Dioxide (SO2) Attainment/Unclassified Attainment Lead No Designation/Classification Attainment
Hydrogen Sulfide No Federal Standard Unclassified
Sulfates No Federal Standard Attainment
Visibility Reducing Particles No Federal Standard Unclassified Vinyl Chloride No Federal Standard Attainment
a. Effective June 15, 2005, the US EPA revoked the federal 1-hour ozone standard, including associated designations and classifications. On July 18, 2016, USEPA determined the SJVAB to be in attainment.
b. Though the SJVAB was initially classified as serious nonattainment for the 1997 8-hour ozone standard, USEPA approved reclassification of SJVAB to extreme nonattainment in the Federal Register on May 5, 2010 (effective June 4, 2010). c. The USEPA redesignated the SJVAB to attainment and approved the PM10 Maintenance Plan on September 25, 2008. d. The USEPA designated the SJVAB as nonattainment on November 13, 2009 (effective December 14, 2009).

Source: San Joaquin Valley Air Pollution Control District. Ambient Air Quality Standards & Valley Attainment Status. 2017. http://www.valleyair.org/aqinfo/attainment.htm; California Air Resources Board. 2015, December. Area Designations Maps: State and National. http://www.arb.ca.gov/desig/adm/adm.htm.

Sensitive Receptors
Some land uses are considered more sensitive to air pollution than others due to the types of population groups or activities involved. Sensitive population groups include children, the elderly, the acutely ill, and the chronically ill, especially those with cardiorespiratory diseases.

Residential areas are also considered sensitive receptors to air pollution because residents, including children and the elderly, tend to be at home for extended periods of time, resulting in sustained exposure to any pollutants present. Other sensitive receptors include retirement facilities, hospitals, and schools.

Recreational land uses are considered moderately sensitive to air pollution. Although exposure periods are generally short, exercise places a high demand on respiratory functions, which can be impaired by air pollution. In addition, noticeable air pollution can detract from the enjoyment of recreation. Industrial, commercial, retail, and office areas are considered the least sensitive to air pollution. Exposure periods are relatively short and intermittent, as the majority of the workers tend to stay indoors most of the time.

In addition, the working population is generally the healthiest segment of the public.

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TABLE 4.3-4 AMBIENT AIR QUALITY MONITORING SUMMARY
Pollutant/Standard
Number of Days Threshold Were Exceeded and
Maximum Levels During Such Violations
2012 2013 2014 2015 2016
Ozone (O3)
a

State 1-Hour ≥ 0.09 ppm
State 8-hour ≥ 0.07 ppm
Federal 8-Hour > 0.075 ppmb
Maximum 1-Hour Conc. (ppm)
Maximum 8-Hour Conc. (ppm)
19 75
46 0.127

0.108
9 46
24 0.107

0.094
9 44
20 0.110

0.094
12 41
21 0.135

0.110
13 60
32 0.117

0.093
Carbon Monoxide (CO)c
State 8-Hour > 9.0 ppm
Federal 8-Hour ≥ 9.0 ppm
Maximum 8-Hour Conc. (ppm)
0 0

2.22 *
*
*
*
*
*
*
*
*
*
*
*
Nitrogen Dioxide (NO2)
a

State 1-Hour ≥ 0.18 (ppm)
Maximum 1-Hour Conc. (ppb)
0 0.07
0 0.06
0 0.07
0 0.10
0 0.06
Sulfur Dioxide (SO2)

State 1-Hour ≥ 0.04 ppm
Max. 1-Hour Conc. (ppm)
*
*
*
*
*
*
*
*
*
*
Coarse Particulates (PM10)
a

State 24-Hour > 50 µg/m3
Federal 24-Hour > 150 µg/m3
Maximum 24-Hour Conc. (µg/ m3)
8 0
114.0
20 0
138.1
46 0
102.9
13 0
120.7
17 0

88.3 Fine Particulates (PM2.5)
d

Federal 24-Hour > 35 µg/m3
Maximum 24-Hour Conc. (µg/m3)
7 59.0
12 95.4
8 74.5
5 70.3
5 48.6
Notes: ppm = parts per million; ppb = parts per billion; µg/m3 = micrograms per cubic meter; * = insufficient data; NA = Not Available a. Data obtained from the Fresno – Drummond Street Monitoring Station in the City of Fresno. b. On October 1, 2015 the EPA adopted a new 8-hour national AAQS for ozone of 0.070 ppm (70 ppb). c. Data obtained from the Fresno – 1st Street Monitoring Station in the City of Fresno. d. Data obtained from the Fresno – Hamilton and Winery Monitoring Station in the City of Fresno.

Source: California Air Resources Board, 2015, Air Pollution Data Monitoring Cards (2012, 2013, 2014, 2015, and 2016), http://www.arb.ca.gov/ adam/index.html.

4.3.2 STANDARDS OF SIGNIFICANCE
According to Appendix G of the CEQA Guidelines, the proposed Plan would have a significant effect on the environment with respect to air quality if it would:

1. Conflict with or obstruct implementation of the applicable air quality plan.

2. Violate any air quality standard or contribute substantially to an existing or projected air quality violation.

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3. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors).

4. Expose sensitive receptors to substantial pollutant concentrations.

5. Create objectionable odors affecting a substantial number of people.

4.3.2.1 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

THRESHOLDS
As stated in Appendix G of the CEQA Guidelines, the significance criteria established by the applicable air quality management district may be relied on to make the above determinations. Thus, this analysis also evaluates the project’s air quality impacts pursuant to SJVAPCD’s recommended guidelines and thresholds of significance, as discussed further below.

The SJVAPCD has developed the Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI) and recently adopted the latest version on March 19, 2015.37 The current GAMAQI represents the latest guidance for addressing air quality impacts in the SJVAB. Changes to the GAMAQI are primarily administrative in nature to update air basin information, attainment status, and general guidance to reflect updated conditions. The following thresholds of significance from the SJVAPCD’s GAMAQI are used to determine whether a proposed project would result in a significant air quality impact.

Regional Significance Thresholds
SJVACD has identified regional construction and operational emissions thresholds to determine a project’s cumulative impact on air quality in the SJVAB. Specifically, these thresholds gauge whether a project would significantly contribute to a nonattainment designation based on the mass emissions generated.

Mass emissions from a project are not correlated with concentrations of air pollutants. Table 4.3-5 lists SJVAPCD’s regional significance thresholds. It should be noted that SJVAPCD Rule 9510 and Regulation VIII may not reduce project-specific construction and operational emissions to below the SJVAPCD thresholds.

Ambient Air Quality Analysis
The need to perform air quality dispersion modeling for typical urban development projects is determined on a case-by-case basis, depending on project size. SJVAPCD applies the following guidance in determining whether an ambient air quality analysis should be conducted for development projects. Compliance with Rule 9510 frequently reduces project-specific emissions to less than significant levels. However, for large construction projects, additional mitigation may be required. SJVAPCD recommends that an ambient air quality analysis be performed for all pollutants when on-site emissions of any criteria pollutant from construction activities would equal or exceed any applicable threshold of significance for criteria pollutants, or 100 pounds per day of any criteria pollutant, after compliance with Rule 9510 requirements and implementation of all enforceable mitigation measures. 37 San Joaquin Valley Air Pollution Control District (SJVAPCD). Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf, accessed July 31, 2017.

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TABLE 4.3-5 SJVAPCD REGIONAL CRITERIA AIR POLLUTANTS SIGNIFICANCE THRESHOLDS Pollutant
Construction and Operational
Phase Significance Thresholds
(Tons/Year)
Carbon Monoxide (CO) 100
Nitrous Oxide (NOX) 10
Volatile Organic Compounds (VOC) 10
Sulfur Oxides (SOX) 27
Coarse Particulate Matter (PM10) 15
Fine Particulate Matter (PM2.5) 15
Source: San Joaquin Valley Air Pollution Control District. 2015. Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf.

However, air dispersion modeling is not applicable at a program level. Consequently, for the purpose of this program-level EIR, emissions of any criteria air pollutant that would exceed the applicable threshold of significance identified in Table 4.3-5 is considered to result in elevated concentrations of air pollutants that have the potential to exceed the AAQS. It should be noted that CO hotspot monitoring was previously required under the GAMAQI. However, emissions from motor vehicles, by far the largest source of CO emissions, have been declining since 1985 despite increases in VMT, the introduction of new automotive emission controls, and fleet turnover. Consequently, no CO hotspots have been reported in the SJVAB even at the most congested intersections.

Consistency with the Applicable Air Quality Plan
SJVAPCD has prepared plans to attain federal and State AAQS. The significance thresholds in Table 4.3-5 are based on SJVAPCD’s New Source Review (NSR) offset requirements for stationary sources. Emission reductions achieved through implementation of District offset requirements are a major component of SJVAPCD’s air quality plans. Thus, projects with emissions below the thresholds of significance for criteria pollutants (see Table 4.3-5) would be determined to “not conflict or obstruct implementation of the District’s air quality plan.” Because dispersion modeling is not applicable for a program EIR, projects with emissions that exceed these values are considered to have the potential to exceed the AAQS, resulting in a potentially significant impact.

Odors
Odor impacts associated with a proposed project would be considered significant if the project has the potential to frequently expose members of the public to objectionable odors. There are two general scenarios where a project could expose people to substantial odors:
 Odor Generator. Projects that would potentially generate odorous emissions proposed to locate near existing sensitive receptors or other land uses where people may congregate.

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 Odor Receiver. Residential or other sensitive receptor projects or other projects built for the intent of attracting people locating near existing odor sources.

Due to the subjective nature of odor impacts, the number of variables that can influence the potential for an odor impact, and the variety of odor sources, there are no quantitative or formulaic methodologies to determine if potential odors would have a significant impact. Rather, projects must be assessed on a caseby-case basis. As shown in Table 4.3-6, the SJVAPCD has identified buffer distances for common types of facilities that have been known to produce odors in the SJVAB. The degree of odors could be significant and may be based on a review of SJVAPCD’s complaint records.

TABLE 4.3-6 SJVAPCD SCREENING LEVELS FOR POTENTIAL ODOR SOURCES Land Use/Type of Operation Screening Distance
Wastewater Treatment Plan 2 miles
Sanitary Landfill 1 miles
Transfer Station 1 miles
Composting Facility 1 miles
Petroleum Refinery 2 miles
Asphalt Batch Plant 1 miles
Chemical Manufacturing 1 miles
Fiberglass Manufacturing 1 miles
Painting/Coating Operations 1 miles
Food Processing Facility 1 miles
Feed Lot/ Dairy 1 miles
Rendering Plant 1 miles
Source: San Joaquin Valley Air Pollution Control District. 2012a, April. Draft Guidance for Assessing and Mitigating Air Quality Impacts - 2012. http://www.valleyair.org/workshops/postings/2012/4-25- 12GAMAQI/draft_GAMAQI_2012_April11.pdf.

For a project locating near an existing source of odors, California Supreme Court in California Building Industry Association v. Bay Area Air Quality Management District (CBIA), ruled that CEQA generally does not require an evaluation of impacts of the environment on a project unless a project will exacerbate an existing environmental hazard. As shown in Table 4.3-6, sensitive receptors such as residential, commercial, office, and institutional uses (such as the hospital land uses) would not be the types of land uses that are associated with generating substantial odors and would not be anticipated to exacerbate existing odor impacts. Thus, evaluation of this scenario is not considered for purposes of this analysis.

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Health Risk
From a health risk perspective, there are two types of land use projects that have the potential to cause long-term public health risk impacts.
 Type A Projects. Land use projects that will place new toxic sources in the vicinity of existing receptors.

Examples of Type A projects include gasoline dispensing facilities, asphalt batch plants, warehouse distribution centers, new freeways or high traffic roads, and other stationary sources that emit toxic substance.
 Type B Projects. Land use projects that will place new receptors in the vicinity of existing toxics sources. Examples of Type B projects includes residential, commercial, and institutional developments proposed in the vicinity of existing toxic emission sources such as stationary sources, freeways or high traffic roads, rail yards, and warehouse distribution centers.

Whenever a project would require use of chemical compounds that have been identified in SJVAPCD’s Rule 2201, placed on CARB’s air toxics list pursuant to Assembly Bill 1807 (AB 1807), Toxic Air Contaminant Identification and Control Act (1983), or placed on the EPA’s National Emissions Standards for Hazardous Air Pollutants, a health risk assessment is warranted. In addition, if a project would place sensitive land uses proximate to major sources of TACs (roadways with over 50,000 vehicles per day or major stationary sources), a health risk assessment may also be warranted. Table 4.3-7 lists the SJVAPCD’s TAC incremental risk thresholds for operation of a project or placement of sensitive land uses proximate to major sources of air pollution. As stated, under the CBIA ruling, while CEQA is generally not required to analyze impacts of the environment on a project, where a project will exacerbate an existing environmental hazard, CEQA requires an analysis of the worsened condition on future project residents and the public at large.

However, projects that do not generate emissions that exceed the values in Table 4.3-6 would not substantially contribute to cumulative air quality hazards or exacerbate an existing environmental hazard.

Residential, commercial, office, and institutional uses (such as the hospital land uses) do not use substantial quantities of TACs and typically do not exacerbate existing hazards. Thus, for purposes of this analysis, evaluation of the Type B Projects scenario impacts is not included in the impacts discussion below.

TABLE 4.3-7 SJVAPCD TOXIC AIR CONTAMINANTS INCREMENTAL RISK THRESHOLDS Cancer Riska ≥ 10 in 1 million
Hazard Indexb ≥ 1.0
a. For the Maximum Exposed Individuals (MEI).
b. Ground-level concentrations of noncarcinogenic TACs for the MEI.

Source: San Joaquin Valley Air Pollution Control District. 2015, March. Guidance for Assessing and Mitigating Air Quality Impacts. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf.

Cumulative Impacts
By its very nature, air pollution is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development. Future attainment of federal and State AAQS is a function of successful implementation of the SJVAPCD’s attainment plans. Consequently, the District’s

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application of thresholds of significance for criteria pollutants is relevant to the determination of whether a project’s individual emissions would have a cumulatively significant impact on air quality. Pursuant to the SJVAPCD’s guidance, if project-specific emissions would be less than the thresholds of significance for criteria pollutants, the project would not be expected to result in a cumulatively considerable net increase of any criteria pollutant for which the SJVAPCD is in nonattainment under applicable federal or State AAQS.

4.3.3 IMPACT DISCUSSION

4.3.3.1 METHODOLOGY
This air quality evaluation was prepared in accordance with the requirements of CEQA to determine if significant air quality impacts are likely to occur in conjunction with future development that would be accommodated by the proposed Plan. SJVAPCD has published the GAMAQI that provides local governments with guidance for analyzing and mitigating air quality impacts and was used in this analysis.

The City’s criteria air pollutant emissions inventory includes the following sectors:
 Transportation. Based on the annual average trip generation and VMT data provided by Fehr and Peers (see Appendix G of this Draft EIR). An average trip distance of 8.04 miles per trip is utilized for the proposed Plan buildout scenario. Based on the estimated net increase of 182,853 average daily trips (ADT) generated associated with the new proposed land uses, an approximately 1,470,179 additional vehicle miles per day would be generated.
 Area Sources. Area and stationary sources are based on the California Emissions Estimator Model (CalEEMod) defaults for emissions generated from use of consumer products and cleaning supplies.  Energy. Criteria air pollutant emissions from energy use (natural gas used for cooking, heating, etc.) are based on the CalEEMod defaults for natural gas usage by residential and nonresidential land uses.

New buildings are assumed to comply with the 2016 Building Energy Efficiency Standards, which are 28 percent more energy efficient for residential buildings and 5 percent more energy efficient for nonresidential buildings and residential buildings of four stories or more than the 2013 Building Energy Efficiency Standards.
 Construction. It is assumed that development of the proposed Plan would generally commence beginning of 2018. For purposes of this analysis, the construction phasing utilizes the CalEEMod default schedule based on the anticipated new land uses and the duration of each activity is normalized to a 25-year buildout period. In addition, while the specific timeline in how the land uses accommodated in the proposed Plan would be developed is unknown, this analysis assumes that the various construction activities (e.g., site preparation, demolition, building construction) would overlap. Furthermore, it is assumed that all of the existing residential and non-residential land uses within the proposed Plan Area remain under the proposed future buildout scenario. Construction assumptions were based on CalEEMod defaults such as construction equipment mix and worker, vendor, and haul trips. Table 4.3-8 shows the assumed construction activities and the start and end dates (based on 25-year buildout) and equipment mix for each of the activities.

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TABLE 4.3-8 CONSTRUCTION ACTIVITIES, PHASING, AND EQUIPMENT Activities Start/End Datesa Equipmentb
Demolition 1/1/2018 – 3/19/2019 1 concrete/industrial saw; 3 excavators; 2 rubber tired dozers; 1 water truck
Site Preparation 1/1/2018 – 9/21/2018 3 rubber tired dozers; 4 tractors/loaders/backhoes; 1 water truck
Grading 1/1/2018 – 11/18/2019 2 excavators; 1 grader; 1 rubber tired dozer; 2 scrapers; 2 tractors/loaders/backhoes; 1 water truck
Building Construction 1/1/2018 – 10/20/2036 1 crane; 3 forklifts; 1 generator set; 3 tractors/loaders/ backhoes; 1 welder
Asphalt Paving 1/1/2018 – 5/1/2019 2 pavers; 2 paving equipment; 2 rollers Architectural Coating 1/1/2018 – 3/14/2024 1 air compressor a. Based on CalEEMod defaults and normalized to a 25-year buildout duration. b. Based on CalEEMod defaults.

AQ-1 The proposed Plan would be inconsistent with the SJVAPCD air quality management plans as its buildout would substantially increase longterm criteria air pollutants and would cumulatively contribute to the nonattainment designations of the SJVAB.

CEQA requires that projects be evaluated for consistency with the AQMPs. A consistency determination plays an important role in local agency project review by linking local planning and individual projects to the AQMPs. It fulfills the CEQA goal of informing decision makers of the environmental effects of a project under consideration at a stage early enough to ensure that air quality concerns are fully addressed. It also provides the local agency with ongoing information as to whether they are contributing to the clean air goals of the AQMPs. The regional emissions inventory for the SJVAB is compiled by SJVAPCD and Fresno Council of Governments (COG). Regional population, housing, and employment projections developed by Fresno COG are based, in part, on the local jurisdictions’ general plan land use designations. These projections form the foundation for the emissions inventory of the AQMP. These demographic trends are incorporated into the 2014–2040 Regional Transportation Plan/Sustainable Communities Strategy, compiled by Fresno COG to determine priority transportation projects within the Fresno COG region.

Projects that are consistent with the local general plan are considered consistent with the air quality– related regional plan. Typically, only new or amended general plan elements, specific plans, and major projects that have the potential to affect the regional population and employment forecasts need to undergo a consistency review.

SJVAPCD is tasked with implementing programs and regulations required by the Clean Air Act and the California Clean Air Act. SJVAPCD has prepared several plans to attain the National AAQS and California AAQS. Emission reductions achieved through implementation of SJVAPCD’s NSR offset requirements are a major component of SJVAPCD’s air quality plans. The established thresholds of significance for criteria pollutant emissions are based on SJVAPCD offset requirements for stationary sources. Therefore, projects

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with emissions below the thresholds of significance for criteria pollutants would be determined to “not conflict or obstruct implementation of the District’s air quality plan.” CEQA Guidelines Section 15206(b) states that a project is of statewide, regional, or area-wide significance if it is a residential development of more than 500 dwelling units or a commercial office building of 250,000 square feet or more or that employs 1,000 or more employees. Specifically, the proposed Plan would introduce up to 4,512,586 square feet of non-residential building space and 7,131 new dwelling units in addition to 8,67138 new jobs over existing conditions in the Plan Area, and is therefore a project of statewide, regional, or area-wide significance. Thus, implementation of the proposed Plan would have the potential to substantially affect Fresno COG’s demographic projections beyond what is already anticipated for the Plan Area.

In addition, the analyses in the response to Impact AQ-3 demonstrate that the proposed Plan would generate long-term emissions of criteria air pollutants that would exceed SJVAPCD’s regional operationphase significance thresholds, which were established to determine whether a project has the potential to cumulatively contribute to the SJVAB’s nonattainment designations. Thus, implementation of the proposed Plan would result in an increase in the frequency or severity of existing air quality violations; cause or contribute to new violations; or delay timely attainment of the AAQS.

Summary
As discussed above, while the proposed Plan would result in a substantial increase in long-term criteria pollutant emissions compared to existing conditions, it would support a more sustainable development pattern for the Plan area. As the improvements, objectives, and policies under the proposed Plan would support a more sustainable development pattern in accommodating future growth for the Plan area, they would contribute in minimizing long-term emissions of criteria air pollutants. Various policies of the proposed Plan would promote complete streets, mixed-use and transit oriented neighborhoods, and increased capacity for alternative transportation modes, which would help reduce air pollutant emissions.

For example, policies include:

Policy LU-2.5 Attract and encourage higher-density mixed use development along California Avenue, connecting to Downtown Fresno, Fresno Area Express (FAX), and High-Speed Rail (HSR) with a future bus-rapid transit line, to support a mixed-use corridor.

Policy LU-3.1 Encourage the development of centers, or nodes, within walking and biking distance of residents and surrounded by residences. Nodes should consist of a park, and quality neighborhood retail and services.

Policy LU-8.4 In collaboration with appropriate local, State, and/or federal agency, regularly enforce and evaluate performance and performance standards on the operation of existing industrial activity related to air quality, odor, and noise in order to maintain compatibility with adjacent neighborhoods and uses.
38 See Table 4.12-4 of Section 4.12, Population and Housing.

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Policy LU-9.1 Create active street frontages by providing wide sidewalks with pedestrian-scaled streetscape amenities and orienting building entrances toward the street.

Policy LU 10.1 Provide a walkable environment within neighborhoods by slowing down traffic, providing wide sidewalks with drought-tolerant vegetation and street trees, and creating an interconnected pedestrian network.

Policy LU-10.2 Encourage buildings within neighborhoods to be compatible in scale with surrounding residential development.

Policy T-1.1 Implement the pedestrian recommendations from the City of Fresno Active Transportation Plan, focusing on the high priority areas first.

Policy T-4.4 Ensure that all roadway widening projects in Southwest Fresno includes Class II or Class IV bicycle facilities.

Policy T-4.5 Provide secure, high-quality bicycle parking per the Citywide Development Code Section 15-2429 on Bicycle Parking such as racks and lockers, at key locations along the bicycle network, including transit stops, in front of retail and services, for employment offices, parks, and offices.

Policy T-6.1 Improve the reliability, quality, and efficiency of transit service within Southwest Fresno and to regional destinations.

Policy T-8.1 Consider and prioritize the comfort of pedestrians, bicyclists, and transit riders when planning vehicular improvements on roadways through implementation of complete streets improvements.

Policy T-10.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in the Southwest Fresno Specific Plan. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets.

Policy T-11.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways.

Policy T-11.3 Support Transportation Demand Management programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, vanpool, rideshare, and telecommuting.

The above policies would promote active transit and support the reduction in average vehicle trip distances, which would contribute in reducing overall vehicle trips and VMT. However, despite furthering

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the regional transportation and planning objectives, as stated, buildout of the proposed Plan would represent a substantial increase in emissions compared to existing conditions and would exceed SJVAPCD’s regional operational significance thresholds (see Impact AQ-3). As a result, the proposed Plan could potentially exceed the assumptions in the AQMPs and would not be considered consistent with the AQMPs. Therefore, impacts are considered significant.

Impact AQ-1: Implementation of the proposed Plan would result in the generation of substantial longterm criteria air pollutant emissions that would exceed the SJVAPCD regional significance thresholds and would therefore not be considered consistent with the existing AQMPs.

AQ-2 Construction activities associated with buildout of the proposed Plan could exceed SJVAPCD’s regional significance thresholds.

Construction activities would temporarily increase PM10, PM2.5, VOC, NOX, SOX, and CO regional emissions within the SJVAB. The primary source of NOx, CO, and SOx emissions is the operation of construction equipment. The primary sources of particulate matter (PM10 and PM2.5) emissions are activities that disturb the soil, such as grading and excavation, road construction, and building demolition and construction. The primary source of VOC emissions is the application of architectural coating and off-gas emissions associated with asphalt paving.

Construction activities associated with buildout of the proposed Plan are anticipated to occur sporadically over an approximately 25-year period or longer. Buildout would be comprised of multiple smaller projects, each having its own construction timeline and activities. Development of multiple properties could occur at the same time. However, there is no defined development schedule for these future projects at this time. For this analysis, the maximum daily emissions are based on a very conservative scenario, where several construction projects are occurring at one time and overlap of all construction phases occur at the same time. The amount of construction assumed is consistent with the 25-year anticipated buildout of the proposed Plan. An estimate of maximum daily construction emissions is provided in Table 4.3-9. The table shows the annual emissions that would be generated over the anticipated development period.

As shown in the table, construction activities associated with implementation of the proposed Plan could potentially exceed the SJVAPCD regional threshold for VOC and NOX. NOX is a precursor to the formation of both O3 and particulate matter (PM10 and PM2.5). VOC is a precursor to the formation of O3. Projectrelated emission of NOX would contribute to the O3, PM10, and PM2.5 nonattainment designations of the SJVAB. As part of the development process, individual, site-specific projects accommodated under the

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TABLE 4.3-9 CONSTRUCTION-RELATED CRITERIA AIR POLLUTANT EMISSIONS ESTIMATES Year
Criteria Air Pollutants (tons/year)a
VOC NOx CO SO2 PM10 PM2.5

2018 105 54 486 <1 13 5
2019 38 40 34 <1 10 3
2020 4 29 25 <1 7 2
2021 3 26 22 <1 7 2
2022 3 19 19 <1 7 2
2023 3 19 19 <1 7 2
2024 3 19 17 <1 7 2
2025 3 19 16 <1 7 2
2026 2 19 15 <1 7 2
2027 2 18 15 <1 7 2
2028 2 18 14 <1 7 2
2029 2 18 13 <1 7 2
2030 2 17 13 <1 7 2
2031 2 17 12 <1 7 2
2032 2 17 12 <1 7 2
2033 2 17 11 <1 7 2
2034 2 17 11 <1 7 2
2035 1 17 10 <1 7 2
2036 1 13 8 <1 5 1
Maximum Annual
Emissions 105 54 48 <1 13 5
SJVAPCD Annual
Construction Threshold 10 10 100 27 15 15
Exceeds Annual
Threshold? Yes Yes No No No No
Note: Emissions may not total to 100 percent due to rounding. a. Construction phasing based on CalEEMod default generated schedule normalized to a 25-year buildout. For purposes of this analysis, construction activities are assumed to overlap. Construction equipment were based on CalEEMod defaults, which are based on construction surveys conducted by South Coast Air Quality Management District of construction equipment and phasing for comparable projects.

Source: CalEEMod 2016.3.1.
proposed Southwest Fresno Specific Plan that meet the criteria of Rule 9510 would be required to prepare a detailed air quality impact assessment (AIA). To the extent applicable under Rule 9510 for each such individual development, SJVAPCD would require calculation of the construction emissions from the development. The purpose of the AIA is to confirm a development’s construction exhaust emissions, and

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therefore be able to identify appropriate mitigation, either through implementation of specific mitigation measures (e.g., use of construction equipment with Tier 4-rated engines) or payment of applicable off-site fees. As stated, under Rule 9510, each project that is subject to this Rule would be required to reduce construction exhaust emissions by 20 percent for NOx or pay offset mitigation fees for emissions that do not achieve the mitigation requirements. While adherence to Rule 9510 would contribute to reducing exhaust NOX emissions, it would not be applicable to reducing VOC emissions generated operation of equipment and from off-gassing from asphalt and paints. Therefore, project-related construction activities would result in significant regional air quality impacts.

Significance Without Mitigation: Significant.

Impact AQ-2: Construction activities associated with implementation of the proposed Plan would exceed the SJVAPCD regional significance thresholds for VOC and NOX.

Mitigation Measure AQ-2a: In order to contribute in minimizing exhaust emission from construction equipment, prior to issuance of grading, demolition or building permits whichever occurs first, the property owner/developer shall provide a list of all construction equipment proposed to be used on the project site for projects that are subject to the California Environmental Quality Act (i.e., nonexempt projects). This list may be provided on the building plans. The construction equipment list shall state the make, model, and equipment identification number of all the equipment.

Mitigation Measure AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article

4.8, Chapter 9.

Mitigation Measure AQ-2c: In order to reduce VOC emissions from construction activities, prior to issuance of a building permit for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the property owner/developer shall require the construction contractor and provide a note on construction plans indicating that:
 All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 4601 (i.e., super compliant paints).
 All architectural coatings shall be applied either by (1) using a high-volume, low-pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency.  The construction contractor shall also use precoated/natural colored building materials, where feasible.

Significance With Mitigation: Significant and unavoidable. Buildout of the proposed Plan would occur over a period of approximately 25 years. Construction activities associated with buildout of the proposed Plan could generate short-term emissions that exceed the SJVAPCD’s significance thresholds during this time

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and cumulatively contribute to the nonattainment designations of the SJVAB. Implementation of Mitigation Measures AQ-2a through AQ-2c in addition to application of SJVAPCD Rules 9510 and Regulation VIII would reduce criteria air pollutant emissions from construction-related activities to the extent feasible and may result in reducing construction-related regional air quality impacts of subsequent individual projects to less than significant. However, due to the programmatic nature of the proposed Project, construction time frames and equipment for individual site specific projects are not available and there is a potential for multiple developments to be constructed at any one time, resulting in significant construction-related emissions. Therefore, despite adherence to Mitigation Measures AQ-2a through AQ2c, Impact AQ-2 would remain significant and unavoidable.

AQ-3 Long-term operation of the proposed Plan would generate emissions that would exceed SJVAPCD’s regional significance thresholds.

Buildout of the proposed Plan would result in direct and indirect criteria air pollutant emissions from transportation, energy (e.g., natural gas use), and area sources (e.g., aerosols and landscaping equipment). Mobile-source criteria air pollutant emissions are based on the traffic analysis conducted by Fehr and Peers (see Appendix G). Per the traffic analysis, implementation of the proposed Plan would generate a net increase of 182,853 ADT and 1,470,179 daily VMT. The net change of emissions from buildout of the proposed Plan is shown in Table 4.3-10. The net change in emissions is based on the new emissions associated with the new land uses.

TABLE 4.3-10 OPERATION-RELATED CRITERIA AIR POLLUTANT EMISSIONS ESTIMATES Year
Criteria Air Pollutants (tons/year)a
VOC NOx CO SO2 PM10 PM2.5

Area 74 3 54 <1 1 1
Energy 1 9 5 <1 1 1
Mobile 30 529 296 3 206 56
Total Annual Emissions 105 542 355 3 207 57
SJVAPCD Annual Operation Threshold 10 10 100 27 15 15
Exceeds Annual Threshold? Yes Yes Yes No Yes Yes
a. Totals may not total to 100 percent due to rounding.

Source: CalEEMod 2016.3.1.

As shown in this table, operation of the project at buildout would generate air pollutant emissions that exceed SJVAPCD’s regional significance thresholds for VOC, NOx, CO, PM10, and PM2.5 at buildout.

Emissions of VOC and NOx that exceed the SJVAPCD regional threshold would cumulatively contribute to the O3 nonattainment designation of the SJVAB. Emissions of NOx that exceed SJVAB’s regional significance thresholds would cumulatively contribute to the O3 and particulate matter (PM10 and PM2.5) nonattainment designations of the SJVAB. Emissions of PM10 and PM2.5 would contribute to the PM10 and PM2.5 nonattainment designations.

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Similar to construction-related emissions, application of SJVAPCD Rule 9510 to future individual projects would contribute in reducing NOX and particulate matter emissions. In addition, application of SJVACPD Rule 9410 would contribute in reducing mobile-source emissions. Furthermore, as stated, the planned improvements, guidelines, objectives, and policies under the proposed Plan would generally support a more sustainable development pattern to accommodate growth within the area by creating complete neighborhoods and providing more transit options through improvements to the pedestrian, bicycle, public transportation, and alternative fueled vehicle networks and infrastructure, which would contribute in minimizing long-term criteria air pollutant emissions. However, while SJVAPCD rules and policies of the proposed Plan may contribute in reducing operation-related regional air quality impacts of individual projects accommodated under the proposed Southwest Specific Plan to less than significant, the projected cumulative emissions associated with future development projects would be in exceedance.

Therefore, implementation of the proposed Plan would result in a significant impact because it would significantly contribute to the nonattainment designations of the SJVAB.

Impact AQ-3: Operation of development projects accommodated under the proposed Plan would generate emissions that would exceed the SJVAPCD regional significance thresholds for VOC, NOX, CO, PM10, and PM2.5.

Significance Without Mitigation: Significant and unavoidable. No further measures to reduce operationphase criteria air pollutant emissions are available beyond the applicable SJVAPCD rules and regulations in addition to proposed Plan policies and design guidelines. Application of State and SJVAPCD rules and regulations, such as Rules 9510 and 9410, implementation of the proposed Plan’s roadway, bicycle, and trail improvements, policies (e.g., Policies LU-1.1, LU-4.4, T-10.1, and T-11.3), and complete streets design guidelines, and implementation of applicable General Plan policies (e.g., Policies RC-4-e, RC-4-k, MT-2-b, and MT-4-b) would reduce operation-related criteria air pollutants generated from energy, stationary, and mobile sources to the extent feasible. As stated, the aforementioned improvements, design guidelines, and policies could contribute in reducing operation-phase regional air quality impacts of future individual projects to a less than significant level. However, despite implementation of the policies and design guidelines, Impact AQ-3 would remain significant and unavoidable due to the magnitude of the overall land use development associated with the proposed Plan.

AQ-4 Construction and operation of future development projects accommodated under the proposed Plan could cause or contribute to a violation of the ambient air quality standards.

Development that would be accommodated by the proposed Plan could expose sensitive receptors to elevated pollutant concentrations during construction activities if it would cause or contribute significantly to elevating those levels. Unlike the mass of construction emissions shown in Table 5.2-8, described in pounds per day, localized concentrations refer to an amount of pollutant in a volume of air (ppm or µg/m3) and can be correlated to potential health effects.

Tables 4.3-9 and 4.3-10 provides an estimate of the magnitude of short- and long-term criteria air pollutant emissions generated by the development that would be accommodated by the proposed Plan.

Buildout of the proposed Plan would occur over a period of approximately 25 years or longer and would

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comprise of smaller projects with their own construction time frames and construction equipment and operational characteristics. Construction and operation of future individual development projects accommodated under the proposed Plan could potentially result in an exceedance of SJVAPCD’s ambient air quality screening threshold of 100 pounds per day. As stated, the planned improvements, objectives and policies under the proposed Plan would generally support a sustainable development pattern in accommodating future growth within the Plan area, which would generally contribute in reducing longterm criteria air pollutant emissions. In addition, application of SJVAPCD Rule 9510 and Regulation VIII would contribute in reducing operation- and construction-related NOX and particulate matter emissions.

Furthermore, Rule 9410 would also contribute in reducing operation-related mobile-source emissions.

However, while individual development projects may not result in exceeding the screening threshold of 100 pounds per day, the projected cumulative emissions associated with future development projects accommodated under the proposed Plan would be in exceedance and could result in causing an exceedance of the AAQS. Therefore, as construction and operation of future individual development projects accommodated under the proposed Plan could result in causing or contribute to a violation of the ambient air quality standards, impacts to air quality would be significant.

Significance Without Mitigation: Significant.

Impact AQ-4: Development of land uses accommodated under the proposed Plan could result in shortand long-term emissions that could cause or contribute to a violation of the AAQS.

Mitigation Measure AQ-4a: Implement Mitigation Measures AQ-2a through AQ-2c to further reduce construction-related criteria air pollutant emissions.

Mitigation Measure AQ-4b: In order to reduce fugitive dust particulate matter emissions during construction activities, prior to issuance of grading, demolition or building permits, whichever occurs first, for projects subject to the California Environmental Quality Act (i.e., non-exempt projects), but that would be outside the purview of San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Regulation VIII, the property owner/developer shall submit a dust control plan consistent with SJVAPCD Regulation VIII requirements that includes, but not limited to the following measures during ground-disturbing activities to further reduce PM10 and PM2.5 emissions:
 Disturbed areas (including storage piles) that are not being actively utilized for construction purposes shall be effectively stabilized using water, chemical stabilizer/suppressant, or covered with a tarp or other suitable cover (e.g., revegetated).  On-site unpaved roads and off-site unpaved access roads shall be effectively stabilized using water or chemical stabilizer/suppressant.
 Land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled utilizing application of water or by presoaking.  Material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained when materials are transported off-site.
 Operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited

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except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.

Use of blower devices is expressly forbidden.)
 Following the addition of materials to or the removal of materials from the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.
 Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday.
 Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.  Limit traffic speeds on unpaved roads to 15 mph.
 Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.
 Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the Plan Area.
 Adhere to Regulation VIII’s 20 percent opacity limitation, as applicable.

Significance With Mitigation: Significant and unavoidable. Application of State and SJVAPCD rules and regulations, implementation of the proposed Plan’s policies (e.g., Policies LU-1.1, LU-4.4, T-10.1, and T-11.3) and complete streets design guidelines in addition to applicable General Plan policies and objectives (e.g., Policies UF-12-a and UF-14-a and Objective RC-4), and incorporation of Mitigation Measures AQ-4a and AQ AQ-4b, would reduce construction and operation-related criteria air pollutants to the extent feasible. However, despite implementation of the proposed plans, policies, and design guidelines and adherence to these mitigation measures, Impact AQ-4 would remain significant and unavoidable due to the magnitude of land use development associated with the proposed Plan.

AQ-5 Implementation of the proposed Plan would not expose sensitive receptors to substantial toxic air contaminant concentrations.

Operation of new land uses consistent with the land use plan of the project would generate new sources of criteria air pollutants and TACs. The following describes potential localized operational air quality impacts from the implementation of the proposed Plan.

CO Hotspot
Areas of vehicle congestion have the potential to create pockets of CO called hotspots. These pockets have the potential to exceed the State 1-hour standard of 20 ppm or the 8-hour standard of 9.0 ppm. The GAMAQI previously required CO hotspot monitoring. However, emissions from motor vehicles, the largest source of CO emissions, have been declining since 1985 despite increases in VMT due to the introduction of new automotive emission controls and fleet turnover. Consequently, no CO hotspots have been reported in the SJVAB even at the most congested intersections. Furthermore, under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection by more

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than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/or horizontal air does not mix—in order to generate a significant CO impact.39
Buildout of the proposed Plan would result in approximately 215,196 average daily trips, which would be an increase of only 182,853 total daily vehicle trips over existing conditions. However, distributing the total daily vehicle trips within the proposed Plan Area and region and by peak hour would result in smaller traffic volumes at the various intersections. Thus, implementation of the proposed Plan is not anticipated to produce the volume of traffic required to generate a CO hotspot. Therefore, implementation of the proposed Plan would not have the potential to substantially increase CO hotspots at intersections in the vicinity of the planning area, and impacts would be less than significant.

Significance Without Mitigation: Less than significant.

TACs
In general, land uses that would require a permit from SJVAPCD for emissions of TACs include chemical processing facilities, chrome-plating facilities, dry cleaners, and gasoline-dispensing facilities. As the proposed Plan is a program-level document, it is currently unknown which types of stationary sources may be installed, if any. However, the proposed Plan would generally prohibit the development of large industrial-type land uses (e.g., manufacturing, warehousing, etc.), which is consistent with proposed Plan Policy LU-8.1, which directs employment areas within the Plan Area to be planned and zoned for nonindustrial businesses. Additionally, this policy also supports previously designated industrial areas be planned and zoned for offices uses. While development of land uses may result in stationary source emissions such as dry cleaners and restaurants with charbroilers or buildings with emergency generators, these types of land uses would not be large emitters. Additionally, they would be controlled by SJVAPCD through permitting and would be subject to further study and health risk assessment prior to the issuance of any necessary air quality permits under Regulation II. According to SJVAPCD’s GAMAQI, Regulation II ensures that stationary source emissions (permitted sources) would be reduced or mitigated below SJVAPCD significance thresholds of ten in one million cancer risk and one for acute risk at the maximally exposed individual. Though these sources would incrementally contribute to the project’s inventory individually, they would be mitigated to the standards identified above. Therefore, overall, impacts related to TACs are considered less than significant.

Significance Without Mitigation: Less than significant.

AQ-6 New land uses accommodated under the proposed Plan would not create objectionable odors that could affect a substantial number of people.

The following discusses potential operation- and construction-related odor impacts associated with implementation of the proposed Plan.
39 Bay Area Air Quality Management District (BAAQMD), 2017. California Environmental Quality Act: Air Quality Guidelines, May.

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Operation-Related Odors
Growth within the proposed Plan Area could generate new sources of odors.Odors from the types of land uses that could generate objectional odors (see Table 4.3-6) are regulated under Regulation IV, Prohibitions, Rule 4102, Nuisance, which states:

A person shall not discharge from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause or have a natural tendency to cause injury or damage to business or property.

As shown in Table 4.3-6, industrial land uses are the primary types of land uses that have the potential to generate objectionable odors. Industrial-type land uses would generally be prohibited within the proposed Plan Area. Residential and other non-residential (excluding industrial) land uses could result in generation of odors such as exhaust from landscaping equipment. However, unlike industrial land uses, these are not considered potential generators of odor that could affect a substantial number of people. In addition, as stated previously in the Impact AQ-5 discussion pertaining to TACs, proposed Plan Policy LU8.1 would support the overall reduction of industrial land uses, such as those listed in Table 4.3-6, within the proposed Plan. This policy directs employment areas to be planned and zoned for non-industrial businesses and supports re-designating previously designated industrial areas to be planned and zoned for offices uses. Thus, the effect of Policy LU-8.1 would contribute to limiting both the development of new industrial uses and the expansion of existing industrial uses. Therefore, impacts from potential odors generated from residential and other non-residential land uses associated with the proposed Plan are considered less than significant.

Significance Without Mitigation: Less than significant.

Construction-Related Odors
During construction activities, construction equipment exhaust and application of asphalt and architectural coatings would temporarily generate odors. Any construction-related odor emissions would be temporary and intermittent in nature. Additionally, noxious odors would be confined to the immediate vicinity of the construction equipment. By the time such emissions reach any sensitive receptor sites, they would be diluted to well below any level of air quality concern. Furthermore, short-term constructionrelated odors are expected to cease upon the drying or hardening of the odor-producing materials.

Therefore, impacts associated with construction-generated odors are considered less than significant.

Significance Without Mitigation: Less than significant.

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4.3.4 CUMULATIVE IMPACTS
AQ-7 Operation and construction of development projects accommodated by the proposed Plan would generate short- and long-term emissions that would cumulatively contribute to the nonattainment designations of the SJVAB.

In accordance with SJVAPCD’s methodology, any project that produces a significant project-level regional air quality impact in an area that is in nonattainment contributes to the cumulative impact. Cumulative projects within the local area include new development and general growth within the Plan Area. The greatest source of emissions within the SJVAB is mobile sources. Due to the extent of the area potentially impacted from cumulative project emissions (i.e., the SJVAB); SJVAPCD considers a project cumulatively significant when project-related emissions exceed the regional emissions thresholds shown in Table 4.3-5.

No significant cumulative impacts were identified with regard to CO hotspots.

Construction
The SJVAB is designated nonattainment for O3 and PM2.5, under the California and National AAQS and nonattainment for PM10 under the California AAQS. Construction of cumulative projects will further degrade the regional and local air quality. Air quality will be temporarily impacted during construction activities. As shown in Table 4.3-9, construction emissions associated with the proposed Plan would exceed the SJVAPCD’s regional construction emissions thresholds for VOC and NOX. Thus, the project’s contribution to cumulative air quality impacts would be cumulatively considerable and therefore significant.

Operation
For operational air quality emissions, any project that does not exceed or can be mitigated to less than the daily regional threshold values is not considered by the SJVAPCD to be a substantial source of air pollution and does not add significantly to a cumulative impact. As discussed, SJVAPCD Rules 9510 and 9410 would contribute in reducing emissions of NOX and particulate matter associated with future individual projects accommodated under the proposed Plan and may reduce impacts for these individual development projects to a less than significant level. In addition, the planned improvements, design guidelines, objectives, and policies under the proposed plan would generally support a more sustainable development pattern for the Plan area. Creation of more complete neighborhoods in addition to improving the public transit, pedestrian, and bicycle networks and infrastructure would contribute to the overall reduction in vehicle trips and VMT, which would reduce mobile-source emissions. However, as shown in Table 4.3-10, due to the amount of growth for the proposed Plan area, operation of the cumulative projects accommodate under the proposed Plan would result in emissions in excess of the SJVAPCD regional emissions thresholds for VOC, NOX, CO2, PM10, and PM2.5. Thus, the proposed Plan’s air pollutant emissions would be cumulatively considerable and therefore significant.

Significance Without Mitigation: Significant.

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Impact AQ-7: Construction activities associated with implementation of the proposed Plan would exceed the SJVAPCD regional significance thresholds for VOC and NOX.

Mitigation Measure AQ-7: Implement Mitigation Measures AQ-2a through AQ-4b of the Draft EIR.

Significance With Mitigation: Significant and unavoidable. Application of State and SJVAPCD rules and regulation in addition to incorporation of Mitigation Measures AQ-2a through AQ-4b and adherence to the proposed Plan goals, policies, and design guidelines would reduce short- and long-term emissions to the extent feasible. However, due to the magnitude and intensity of development planned under the proposed Plan, Impact AQ-7 would remain significant and unavoidable.

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4.4 BIOLOGICAL RESOURCES
This chapter describes the regulatory framework and existing conditions of the Plan Area related to biological resources, and the potential impacts of the proposed Plan on biological resources. Information in this chapter is based in part on the availability of existing reports and information relevant to the Plan Area, and database searches (i.e., California Natural Diversity Database, Environmental Conservation Online System, and Google Earth).

4.4.1 ENVIRONMENTAL SETTING

4.4.1.1 REGULATORY FRAMEWORK
This section describes the federal, State, regional, and local regulations that provide for the protection and management of sensitive biological resources.

Federal Regulations
Federal Endangered Species Act
The US Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NOAA Fisheries) are responsible for implementation of the federal Endangered Species Act (ESA). The ESA protects fish and wildlife species that are listed as threatened or endangered, as well as their habitats. Endangered species, subspecies, or distinct population segments are those that are in danger of extinction throughout all or a significant portion of their range; threatened species, subspecies, or distinct population segments are those that are likely to become endangered in the near future.

Section 9 of the ESA prohibits the “take” of any fish or wildlife species listed as endangered, including the destruction of habitat that prevents the species’ recovery. Take is defined as an action or attempt to hunt, harm, harass, pursue, shoot, wound, capture, kill, trap, or collect a species. Section 9 prohibitions also apply to threatened species unless a special rule has been defined with regard to take at the time of listing. Under Section 9 of the ESA, the take prohibition applies only to wildlife and fish species. However, Section 9 does prohibit the unlawful removal and reduction to possession, or malicious damage or destruction, of any endangered plant from federal land. Section 9 prohibits acts to remove, cut, dig up, damage, or destroy an endangered plant species in nonfederal areas in knowing violation of any State law or in the course of criminal trespass. Candidate species and species that are proposed, or under petition for listing, receive no protection under Section 9.

Clean Water Act
The federal Clean Water Act (CWA) is administered by the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (USACE). USACE is responsible for regulating the discharge of fill material into waters of the United States, including lakes, rivers, streams, and their tributaries, as well as wetlands that are navigable or adjacent to a navigable waterway or that have an interstate or foreign commerce connection. In 2008, USACE published the Wetlands Regulatory Assistance Program: Regional

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Supplements to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), which provides detailed information for the Arid West Region. Wetlands are defined for regulatory purposes as areas “inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances support, a prevalence of vegetation typically adapted for life in saturated soil conditions.”
The discharge of dredged or fill material into waters of the United States is subject to permitting under Section 404 (Discharges of Dredge or Fill Material) of the CWA. Section 401 (Certification) specifies additional requirements for permit review, particularly at the State level. Project proponents must obtain a permit from USACE for all discharges of dredged or fill material into waters of the United States, including wetlands, before proceeding with a proposed action. USACE permits must be certified by the State Water Resources Control Board (SWRCB) in order to be valid. Thus, certification from the SWRCB should be requested at the same time an application is filed with USACE. Certification from the local Regional Water Quality Control Board (RWQCB) is also required when a proposed activity may result in discharge into navigable waters, pursuant to Section 401 of the CWA and EPA 404(b)(1) Guidelines.

National Pollutant Discharge Elimination System Program The 1972 amendments to the federal Water Pollution Control Act established the National Pollutant Discharge Elimination System (NPDES) permit program to control discharges of pollutants from point sources (Section 402). The NPDES permit program is the primary federal program that regulates pointsource and nonpoint-source discharges to waters of the United States. The SWRCB issues both general and individual NPDES permits for certain activities.

Migratory Bird Treaty Act
The USFWS is also responsible for implementing the Migratory Bird Treaty Act (MBTA). The MBTA implements a series of treaties between the United States, Mexico, and Canada that provide for the international protection of migratory birds. Wording in the MBTA makes it clear that most actions that result in “taking” or possession (permanent or temporary) of a protected species can be a violation of the Act. The word “take” is defined as “pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.” The provisions of the MBTA are nearly absolute; “except as permitted by regulations” is the only exception. Examples of permitted actions that do not violate the law are the possession of a hunting license to pursue specific game birds, legitimate research activities, display in zoological gardens, bird-banding, and similar activities.

State Regulations
California Endangered Species Act
The California Endangered Species Act (CESA) establishes State policy to conserve, protect, restore, and enhance threatened or endangered species and their habitats. CESA mandates that State agencies should not approve projects that jeopardize the continued existence of threatened or endangered species, if reasonable and prudent alternatives are available that would avoid jeopardy. For projects that would affect species that are on the federal and State endangered species lists, compliance with the federal ESA

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satisfies CESA if the California Department of Fish and Wildlife (CDFW) determines that the federal incidental take authorization is consistent with CESA under California Fish and Game Code Section 2080.1.

For projects that would result in take of species that are only State-listed, the project proponent must apply for a take permit under Section 2081(b) of the California Fish and Game Code.

California Fish and Game Code
Under the California Fish and Game Code, CDFW provides protection from “take” for a variety of species, including Fully Protected species. "Fully Protected" is a legal protective designation administered by the CDFW, intended to conserve wildlife species that risk extinction within California. Lists have been created for birds, mammals, fish, amphibians, and reptiles. The Fish and Game Code sections dealing with Fully Protected species state that these animals "...may not be taken or possessed at any time and no provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected" species, although take may be authorized for necessary scientific research. In 2003, the code sections dealing with fully protected species were amended to allow CDFW to authorize take resulting from recovery activities for State-listed species. The CDFW also protects streams, water bodies, and riparian corridors through the streambed alteration agreement process under Section 1601 to 1606 of the California Fish and Game Code. The Fish and Game Code stipulates that it is “unlawful to substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake” without notifying CDFW, incorporating necessary mitigation, and obtaining a streambed alteration agreement. Through policy, CDFW asserts jurisdiction to the top of banks of all streams, including intermittent and ephemeral streams, extending laterally to the upland edge of adjacent riparian vegetation. The CDFW uses the Cowardin system for wetland identification and classification, which typically results in a larger jurisdictional area than federal jurisdiction under the CWA. Under this system, wetlands must have one or more of the following three attributes: (1) at least periodically, the land supports predominantly hydrophytes; (2) the substrate is predominantly undrained hydric soil; and (3) the substrate is non-soil and is saturated with water or covered by shallow water at some time during the growing season of each year.

California Native Plant Protection Act
The California Native Plant Protection Act of 1977 (CNPPA) prohibits importation of rare and endangered plants into California, “take” of rare and endangered plants, and sale of rare and endangered plants. CESA defers to the CNPPA, which ensures that State-listed plant species are protected when State agencies are involved in projects subject to California Environmental Quality Act (CEQA). In this case, plants listed as rare under the CNPPA are not protected under CESA; however, impacts to endangered, rare, or threatened species, including plants, are evaluated under CEQA.

Porter-Cologne Water Quality Act
The SWRCB and RWQCB maintain independent regulatory authority over the placement of waste, including fill, into waters of the State under the Porter-Cologne Water Quality Act of 1969. This Act is similar to and largely based off the federal Clean Water Act, and is intended to preserve and enhance all beneficial uses of the waters of the State. The RWQCB currently employs the USACE procedures and definitions for defining the physical boundaries of wetlands and waters. However, there are differences in

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the State and federal ability to regulate these features. In order to be subject to federal regulation as waters of the United States, wetlands and waters must demonstrate that water is, or is adjacent to, a navigable waterway or a tributary to a navigable waterway, or have an interstate or foreign commerce connection. Under the Porter-Cologne Act, the State has regulatory authority over what are termed “isolated” waters and wetlands, in addition to waters of the United States.

Local Regulations
Fresno General Plan
The City of Fresno’s General Plan was adopted in 2014.1 The General Plan includes specific implementing policies pertaining to biological resources (see Table 4.4-1) that must be adhered to for development within the Plan Area, specifically within the Open Space and Biological Resources Section of Chapter 5, the Parks, Open Space, and Schools Element (POSS). Specifically, POSS Objective 5, and Implementation Policies POSS-5-a through POSS-5-f are applicable to the proposed Plan.

City of Fresno Municipal Code
The City of Fresno Municipal Code details the code of ordinances governing city and municipal services, construction, development, vehicles, traffic, taxation, and other subjects.2 In particular, the City of Fresno Municipal Code Section 13‐305 protects all public trees in the city, including but not limited to trees that are affecting surface improvements or underground facilities, or which are diseased, or located where construction is being considered or will occur. No person, except authorized City personnel, shall remove, destroy, deface or injure any tree on public property by any means including but not limited to: pouring material on or immediately adjacent to any tree, attaching any sign or notice to a tree without supervision of the Director, causing or encouraging fire around any tree, or covering the ground within a 4‐foot radius around any tree with concrete or other unnatural surface. Any removal of trees shall be conducted only after an evaluation and inspection by the Director, and written authorization.

Regional and Local Plans
Pacific Gas & Electric Company’s San Joaquin Valley Operation and Maintenance Habitat Conservation Plan
Any Pacific Gas & Electric Company (PG&E) gas and electrical transmission and distribution facilities, easements, private access routes, or lands owned by PG&E, some of which may occur within the Plan 1 Dyett & Bhatia, 2014. Fresno General Plan. Adopted December 18, 2014. Prepared for Development and Resource Management Department, City of Fresno. 2 City of Fresno, 2017. Code of Ordinances. Updated June 8, 2017, https://library.municode.com/ca/fresno/codes/ code_of_ordinances, accessed 13 July 2017.

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TABLE 4.4-1 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO BIOLOGICAL RESOURCES Objective/
Policy
Number Objective/Policy Text
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.

Policy POSS-5-b Habitat Conservation Plans. Participate in cooperative, multi‐jurisdictional approaches for area‐wide habitat conservation plans to preserve and protect 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 uses 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.

Area, are covered under PG&E’s San Joaquin Valley Operation and Maintenance Habitat Conservation Plan (HCP).
3 The HCP allows for a regional, activity-based approach to protect endangered plants and animals in full compliance with the CESA and ESA. The HCP covers almost all of PG&E’s routine operations and maintenance within the Plan Area, as well as minor new construction.

Recovery Plan for Upland Species of the San Joaquin Valley The Plan Area is located in the planning area for the Recovery Plan for Upland Species of the San Joaquin Valley.
4 This plan covers 34 species of plants and animals that occur in the San Joaquin Valley, 11 of which are endangered, including the San Joaquin kit fox, giant kangaroo rat, and blunt-nosed leopard lizard. The 3 Jones & Stokes, 2006. Pacific Gas & Electric Company San Joaquin Valley Operations and Maintenance Habitat Conservation Plan (includes updated Chapter 4 and Tables 5-3, 5-4 and 5-5, December 2007). December. (J&S 02067.) Sacramento, CA. 4 U.S. Fish and Wildlife Service (USFWS), 1998. Recovery Plan for Upland Species of the San Joaquin Valley, California.

Region 1, Portland, Oregon. Queried via http://ecos.fws.gov/ecp0/reports/implementation-activity-status-orereport?documentId=400360&entityId=151 on October 18, 2016.

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remaining 23 species are either candidate species or species of special concern. The ultimate goal of the Recovery Plan is to delist the 11 endangered species and ensure the long-term survival of the candidates and species of special concern. The plan has defined six key elements to achieve these two goals, one of which is habitat protection. The plan recommends that, whenever possible, blocks of conservation land and natural land should be connected through linkages. If specific projects require consultation with the USFWS, the project would be evaluated in relation to the goals and objectives of the Recovery Plan.

4.4.1.2 EXISTING CONDITIONS
Vegetation and Wildlife Habitat
Four biotic habitats/land use types occur in the Plan
Area: developed, agricultural, open space/disturbed
annual grassland, and aquatic. These habitats are
described in detail below, and their distribution within the Plan Area is shown in Figure 4.4-1. Table 4.4-2
provides the approximate acreage of each habitat and
land use type within the Plan Area. The Plan Area is also highly fragmented by roads, and as such, it does not
contain suitable migratory wildlife corridors or migration routes for wildlife species.

Developed Areas
Approximately 45.2 percent of the Plan Area is
developed and comprised of residential, commercial, and industrial buildings; roads; and parking lots.

Vegetation may include a wide variety of ornamental and non-native tree, shrub, and grassland species.

These areas typically provide habitat for common species that are accustomed to human disturbance, such as California scrub-jay (Aphelocoma californica), American robin (Turdus migratorius), northern mockingbird (Mimus polyglottos), house finch (Haemorhous mexicanus), house sparrow (Passer domesticus), raccoon (Procyon lotor), squirrel (Sciurus spp.), opossum (Didelphis virginiana), Norway rat (Rattus norvegicus), and house mouse (Mus musculus).

Agricultural
Approximately 26.9 percent of the Plan Area is comprised of agricultural uses, including orchards (e.g., almonds, peaches, and citrus fruits), vineyards, and irrigated row and field crops. Agricultural lands provide limited habitat for native plants and animals due to frequent disturbances associated with crop production. Opportunistic species that may occur in agricultural lands include side-blotched lizard (Uta stansburiana), American crow (Corvus brachyrhynchos), California scrub-jay, yellow-billed magpie (Pica nuttalli), house finch, small mammals, and raptors that prey on them. The edges of fields and orchards where stands of weeds, blackberry brambles, and brush are left undisturbed may provide protective cover for wildlife and food for birds. Burrowing animals such as California ground squirrels and gophers may be actively discouraged because of damage these animals can cause to irrigation systems, although their presence may be more likely in fallow fields.

TABLE 4.4-2 BIOTIC HABITAT TYPES AND SURFACE

AREAS IN THE PLAN AREA
Biotic Habitat Types
Area
(Acres)
Developed 1,417.7
Agricultural 843.4
Open Space/Disturbed
Annual Grassland 776.4
Aquatic 100.8
Total Surface Area 3,138.3
Source: H.T. Harvey Associates, 2017.

CA 180 E
S Marks Ave
California Ave
CA 99 S
Jensen Ave
CA 14 S
North Ave
Figure 1: Habitats Map
City Limit
Sphere of Influence
Plan Area
Habitat
Agricultural (843.4 ac)
Aquatic (100.8 ac)
Developed (1,417.7 ac)
Open Space/Disturbed Annual Grassland (776.4 ac)
3,000 0 3,000 Feet
CA 180 E
S
Marks Ave
California Ave
CA 99 S
Jensen Ave
CA 14 S
North Ave
Figure 1: Habitats Map
City Limit
Sphere of Influence
Plan Area
Habitat
Agricultural (843.4 ac)
Aquatic (100.8 ac)
Developed (1,417.7 ac)
Open Space/Disturbed Annual Grassland (776.4 ac)
3,000 0 3,000 Feet
Source: PlaceWorks, 2017.

Figure 4.4-1
Habitat Map

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Open Space/Disturbed Annual Grassland
The open spaces, which include vacant lots and parks comprising approximately 24.7 percent of the Plan Area, may be comprised by disturbed annual grassland species such as ripgut brome (Bromus diandrus), wild oat (Avena fatua), soft brome (Bromus hordeaceus), black mustard (Brassica nigra), and filaree (Erodium cicutarium). Wildlife that may occur and forage in disturbed annual grasslands include desert cottontail (Sylvilagus audubonii), California ground squirrel (Otospermophilus beecheyi), deermouse (Peromyscus maniculatus), western harvest mouse (Reithrodontomys megalotis), side-blotched lizard, western fence lizard (Sceloperus occidentalis), gopher snake (Pituophis catenifer), and southern pacific rattlesnake (Crotalis oreganus helleri). California horned larks (Eremophila alpestris actia) and burrowing owls (Athene cunicularia) may use disturbed grassland habitat for foraging and nesting, and red-tailed hawks (Buteo jamaicensis), Swainson’s hawks (Buteo swainsoni), American kestrel (Falco sparverius), and common raven (Corvus corax) may soar over and forage in the grasslands, depending on the size and location of the habitat patch relative to other habitat types.

Aquatic
Approximately 3.2 percent of the Plan Area is comprised of aquatic habitat, which includes irrigation canals, ponds, wetlands, and small reservoirs (e.g., <20 acres in size). These aquatic habitats appear to be largely devoid of riparian vegetation and are generally isolated, surrounded by agricultural fields, disturbed annual grasslands, parklands, or developed areas. The aquatic habitats may provide some limited habitat for wildlife such as waterfowl, red-winged blackbird (Agelaius phoeniceus), and western pond turtle (Emys marmorata). These habitats likely lack persistent emergent vegetation, but surrounding vegetation may include hydrophytic plants and grasses.

Special-Status Species
The potential for the Plan Area to support special-status plant and wildlife species is discussed below. The legal status and likelihood of occurrence of these species is presented in Table 4.4-3. Figure 4.4-2 shows the records for special-status plants and animals contained within the California Natural Diversity Data Base (CNDDB) as of July 12, 2017 within a 5-mile radius of the Plan Area.

Plant Species
According to the CNDDB, five special-status plants have the potential to occur in the Plan Area. 5 After
comparing these species habitat preferences to the site-specific conditions, it was determined that one of the special-status plant species (Madera linanthus) is associated with habitat that does not occur in the Plan Area; the remaining four species, described below, are unlikely to occur in the Plan Area due to extensive land disturbance, a lack of suitable habitat, and a lack of recent records in the vicinity. 5 California Natural Diversity Data Base (CNDDB), 2017. Rarefind. California Department of Fish and Game. Queried July 12, 2017.

Swainson's hawk
molestan blister beetle
Antioch efferian robberfly
Hurd's metapogon robberfly
least Bell's vireo
western masti western mastiff bat
Fresno kangaroo rat
Fresno kangaroo rat
Swainson's hawk
San Joaquin Pocket Mouse
San Joaquin Pocket Mouse
western western yellow-billed cuckoo led cuckoo
Fresno kangaroo rat
western masti western mastiff bat
least Bell's vireo vernal pool fairy shrimp
San Joaquin kit fox
American badger
western masti western mastiff bat
hoary bat ary bat
pallid bat
burrowing owl
burrowing owl
burrowing owl
western masti western mastiff bat
San Joaquin kit fox
CTS
California California satintail tintail Madera leptosiphon California jewelflower
caper-fruited tr caper-fruited tropidocarpum
heartscale
palmate-bracted salty bird's-beak
lesser saltscale
Hoover's eri ver's eriastrum
lesser saltscale
recurved larkspur
Hoover's eri ver's eriastrum
Sanford's arrowhead
Sanford's arrowhead
Sanford's arrowhead
San Joa San Joaquin adobe sunburst
brittlescale
Specific Location
General Area
Approximate Location
CNDDB Animal Records
Figure 2: CNDDB Records Map
City Limit
Sphere of Influence
Plan Area
5-mile Radius of Plan Area

1.8 0 1.8 Miles
Specific Location
General Area
Approximate Location
CNDDB Plant Records
Swainson's hawk
molestan blister beetle
Antioch efferian r erian robberfly
Hurd's metapogon robberfly
least Bel
western masti western mastiff bat
Fresno kangaroo rat
Fresno kangaroo rat
Swainson's hawk
San Joaquin Pocket Mouse
Fresno kangaroo rat
western masti western mastiff bat
Ame
western masti western mastiff bat
hoary bat ary bat
pallid bat
burrowing owl
burrowing owl
burrowing owl
western masti western mastiff bat
CTS
California California satintail tintail
Madera leptosiphon
California jewelflower California jewelflower
caper-fruited tr caper-fruited tropidocarpum
heartscale
palmate-br palmate-bracted salty bird's-beak
lesser saltscale
Hoover's eri ver's eriastrum
lesser saltscale
recurved recurved larkspur
Hoover's eriastrum ver's eriastrum
Sanford's arrowhead
Sanford's arrowhead
brittlescale
Specific Location
General Area
Approximate Location
CNDDB Animal Records
Figure 2: CNDDB Records Map
City Limit
Sphere of Influence
Plan Area
5-mile Radius of Plan Area

1.8 0 1.8 Miles
Specific Location
General Area
Approximate Location
CNDDB Plant Records
Figure 4.4-2
CNDDB Plants and Wildlife in the Plan Area
Source: PlaceWorks, 2017.

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TABLE 4.4-3 SPECIAL-STATUS PLANT AND WILDLIFE SPECIES, THEIR STATUS, AND POTENTIAL OCCURRENCE IN THE PLAN AREA Name Status* Habitat Occurrence On-Site
Federal or State Endangered or Threatened Species
California jewel-flower
(Caulanthus californicus)
FE, SE
CNPS 1B.1
Chenopod scrub, valley and foothill grasslands, often on sandy soil, pinyon-juniper woodland.

Unlikely. Habitat within the Plan Area is marginal for the species.

California tiger salamander
(Ambystoma californiense)
FT, ST Vernal or temporary pools in annual grasslands or open woodlands with upland aestivation habitat (e.g., CA ground squirrel burrows).

Absent. Seasonally flooded areas present in the Plan Area are unsuitable for breeding because they are disconnected from potential upland habitat.
6 A CNDDB record from 1936 represents a
population considered extirpated and there are no recent records within a 5-mile radius of the Plan Area.

Swainson’s hawk
(Buteo swainsoni)
ST Nests in trees near foraging areas that include grasslands and agricultural croplands, especially alfalfa.

Possible. Grasslands and agricultural areas on the periphery of the Plan Area that have not been fragmented by agriculturalresidential or urban development may provide foraging habitat, and trees in the open space may provide nesting habitat.

Fresno kangaroo rat
(Dipodomys nitratoides exilis)
FE, SE Sands and saline sandy soils in chenopod scrub and annual grasslands.

Absent. The CNDDB record is from 1891 and 1898 and represents a population considered extirpated due to habitat conversion, and there are no recent records within a 5-mile radius of the Plan Area.

San Joaquin kit fox
(Vulpes macrotis mutica)
FE, SE Valley and foothills grassland; chenopod scrub. Unlikely. Grasslands and agricultural areas on the periphery of the Plan Area that have not been fragmented by agriculturalresidential or urban development may provide marginal habitat for dispersal.

California Special-Status Species
Pallid bat
(Antrozous pallidus)
SSC Rocks, caves, trees, snags, bridges, and buildings for roosting. Grasslands, shrublands, woodlands, and conifer forests near water for foraging.

Possible. Suitable foraging and roosting habitat present.

Townsend’s big-eared bat
(Corynorhinus townsendii)
SSC Roosts in abandoned mines, caves, and cave-like structures such as buildings, bridges, and basal tree hollows. Forages along forest and riparian edges, and desert canyons with water and riparian vegetation.

Possible. Suitable foraging and roosting habitat present.

Western mastiff bat
(Eumops perotis californicus)
SSC Roosts in tall cliff faces, and may roost in tall buildings.

Many open, semi-arid habitats, including conifer and
Likely. Suitable foraging habitat is present. Potential roosting habitat is present. There are 4 CNDDB records of the species within 6 U.S. Fish and Wildlife Service (USFWS), 2017. Recovery Plan for the Central California Distinct Population Segment of the California Tiger Salamander (Ambystoma californiense). U.S. Fish and Wildlife Service, Pacific Southwest Region, Sacramento, California, v + 69 pp.

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TABLE 4.4-3 SPECIAL-STATUS PLANT AND WILDLIFE SPECIES, THEIR STATUS, AND POTENTIAL OCCURRENCE IN THE PLAN AREA Name Status* Habitat Occurrence On-Site
deciduous woodlands, coastal scrub, grasslands, chaparral, etc. Forages over open areas including agricultural fields, open desert, and riparian forests.
5 miles of the Plan Area.

Western red bat
(Lasiurus blossevillii)
SSC Winters along riparian areas with large cottonwoods, sycamores, blue gum, and river gum eucalyptus. Day roosts in hanging clumps of dense tree leaves, and sometimes
roosts under leaf litter on cold nights.

Unlikely. Strongly associated with intact cottonwood and sycamore valley riparian habitats in low elevations, which is absent from the Plan Area.

American badger
(Taxidea taxus)
SSC Large areas of open fields, meadows, shrublands, and desert scrub.

Unlikely. Grasslands and agricultural areas on the periphery of the Plan Area that have not been fragmented by agriculturalresidential or urban development may provide marginal habitat.

Burrowing owl
(Athene cunicularia)
SSC Flat open grassland, gentle slopes, and sparse shrublands. Unlikely. Grasslands, open space, and agricultural fields in the Plan Area that have not been highly fragmented by urban development may provide suitable nesting and foraging habitat.

Western pond turtle
(Emys marmorata)
SSC Occurs in and around a wide variety of permanent or nearly permanent aquatic habitats, including canals, stock ponds, lakes, streams, and rivers. Basking and upland habitat as breeding habitat.

Possible. Suitable habitat present where perennial water is present.

California Native Plant Society (CNPS) Species
California satintail
(Imperata brevifolia)
CNPS 2B.1 Riparian scrub, coastal scrub, Mojavean scrub, meadows, and seeps.

Unlikely. Suitable habitat may be present in riparian areas of the Plan Area. CNDDB record (from 1893) was mapped as best guess around Fresno.

Madera linanthus
(Leptosiphon serrulatus)
CNPS 1B.2 Cismontane woodland; lower montane coniferous forest. Absent. Suitable habitat not present in the Plan Area.

Sanford’s arrowhead
(Sagittaria sanfordii)
CNPS 1B.2 Marshes, swamps, and slow-moving freshwater ponds, marshes, and ditches
Unlikely. Wetlands in the Plan Area may provide suitable habitat.

Two CNDDB records (from 1958) are reported within a 5-mile radius of the Plan Area, although no plants were found during a search in 1980 and population is likely extirpated.

Caper-fruited tropidocarpum
(Tropidocarpum capparideum)
CNPS 1B.1 Valley and foothill grassland on alkaline and clay soils. Unlikely. Habitat within the Plan Area is marginal for the species.

CNDDB record (from 1930) was from a nonspecific location centered on the City of Fresno.
*Listing Status
FE = Federally Listed Endangered ST = State Listed Threatened FT = Federally Listed Threatened SR = State Rare
FC = Federal Species of Concern SSC = California Species of Special Concern SE = State Listed Endangered SP = State Fully Protected Species Definitions Regarding Potential Occurrence:

Present: Species or sign of their presence observed on the site Likely: Species or sign not observed on the site, but reasonably certain to occur on the site Possible: Species or sign not observed on the site, but conditions suitable for occurrence Unlikely: Species or sign not observed on the site, conditions marginal for occurrence

Absent: Species or sign not observed on the site, conditions unsuitable for occurrence

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TABLE 4.4-3 SPECIAL-STATUS PLANT AND WILDLIFE SPECIES, THEIR STATUS, AND POTENTIAL OCCURRENCE IN THE PLAN AREA Name Status* Habitat Occurrence On-Site
CNPS LISTS:
1A – Plants presumed extinct in California
1B – Plants rare, threatened, or endangered in California and elsewhere 2 – Plants rare, threatened, or endangered in California, but more common elsewhere 3 – Plants about which more information is needed – a review list 4 – Plants of limited distribution – a watch list
Source: H.T. Harvey Associates, 2017.

CNPS THREAT CODE EXTENSIONS:
.1 – Seriously endangered in California
.2 – Fairly endangered in California
.3 – Not very endangered in California

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California jewelflower (Caulanthus californicus). Federal Listing Status: Endangered; State Listing Status:

Endangered; CNPS List 1B.1. California jewelflower is an annual herb belonging to the mustard family (Brassicaceae) that blooms from February to May. This plant occurs in chenopod scrub, valley and foothill grasslands, and pinyon and juniper woodland on sandy soils, at elevations between 200 and 3,281 feet.

This species is found in Fresno, Kern, Santa Barbara, and San Luis Obispo counties. Over 35 historical occurrences are extirpated, including those in Kings and Tulare counties. Experimental reintroductions have occurred in Kern, Santa Barbara, and Tulare counties, but all have failed.7 A historic CNDDB record (undated) documents the species in the Fresno area. The grasslands and open space in the Plan Area may provide marginal habitat for the California jewelflower. However, given a lack of recent records and that the open spaces in the Plan Area are generally disturbed, the species’ presence is unlikely.

California satintail (Imperata brevifolia). Federal Listing Status: None; State Listing Status: None; CNPS List

2.1. California satintail is a rhizomatous herb belonging to the grass family (Poaceae) that blooms from September to May. This plant occurs in coastal scrub, chaparral, riparian scrub, mojavean scrub, and meadows and sinks on mesic, alkaline soils, at elevations between 0 and 1,640 feet. This species is found in Butte, Fresno, Imperial, Inyo, Kern, Lake, Los Angeles, Orange, Riverside, San Bernardino, Tehama, Tulare, and Ventura counties, and ranges into Arizona, Baja California, New Mexico (where it is possibly extirpated), Nevada, Texas, and Utah. The Butte, Tehama, and Lake County records may represent escaped ornamentals. This species is threatened by development and agriculture, and was mistakenly classified as a noxious weed in California from 1960 to 2004.8 A historic CNDDB record (1893) documents the species in the vicinity of “Fresno”, and suitable habitat occurs in the Plan Area. The California satintail could occur in the riparian and wetland areas of the Plan Area. However, given a lack of recent records and that the open spaces in the Plan Area are generally disturbed, the species’ presence is unlikely.

Sanford’s arrowhead (Sagittaria sanfordii). Federal Listing Status: None; State Listing Status: None; CNPS List 1B.2. Sanford’s arrowhead is an emergent rhizomatous herb belonging to the water plantain family (Alismataceae) that blooms from May to October. This plant occurs in standing or slow-moving freshwater ponds, marshes, and ditches at elevations between 0 and 2,133 feet. This species has been reported from Butte, Del Norte, El Dorado, Fresno, Merced, Mariposa, Orange, Placer, Sacramento, Shasta, San Joaquin, Tehama, and Ventura counties. Sanford’s arrowhead is extirpated from southern California (Orange and Ventura counties) and is mostly extirpated from its historical range in the Central Valley. The species is threatened by grazing, development, recreational activities, non-native plants, road widening, and channel alteration.9 There are two CNDDB records from 1958 within a 5-mile radius of the Plan Area, although none were reported from a search conducted in 1980, and potentially suitable habitat occurs in the wetlands in the Plan Area (Figure 4.4-2). However, given a lack of recent records and that the wetlands in the Plan Area are generally disturbed, the species’ presence is unlikely. 7 California Native Plant Society (CNPS), Rare Plant Program. 2017. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39), http://www.rareplants.cnps.org, accessed 12 July 2017. 8 California Native Plant Society (CNPS), Rare Plant Program. 2017. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39), http://www.rareplants.cnps.org, accessed 12 July 2017. 9 California Native Plant Society (CNPS), Rare Plant Program. 2017. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39), http://www.rareplants.cnps.org, accessed 12 July 2017.

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Caper-fruited tropidocarpum (Tropidocarpum capparideum). Federal Listing Status: None; State Listing Status: None; CNPS List 1B.1. Caper-fruited tropidocarpum is an annual herb belonging to the mustard family (Brassicaceae) that blooms from March to April. This plant occurs in alkaline clay soils in valley and foothill grasslands at elevations between 3 and 1,493 feet. Caper-fruited tropidocarpum was thought to be extinct, but in 2000 was rediscovered on Fort Hunter Liggett. Historic occurrences are reported from Alameda, Contra Costa, Fresno, Glenn, Monterey, Santa Clara, San Joaquin, and San Luis Obispo counties.

The species is possibly threatened by grazing, military activities, trampling, and non-native plants.10 A historic CNDDB record (1930) documents the caper-fruited tropidocarpum in the vicinity of “Fresno,” but no recent records are reported. Suitable habitat may occur in the open spaces and grasslands of the Plan Area. However, given a lack of recent records and that the open spaces in the Plan Area are generally disturbed, the species’ presence is unlikely.

Wildlife Species
According to the CNDDB, 11 special-status wildlife species have the potential to occur in the Plan Area. 11 Two of these species, California tiger salamander (Ambystoma californiense) and Fresno kangaroo rat (Dipodomys nitratoides exilis), were judged to be absent from the Plan Area because no suitable habitat occurs in the Plan Area, and/or recent species occurrence records were lacking in the vicinity. The remaining nine species and their potential to occur in the Plan Area are described below.

Swainson’s Hawk (Buteo swainsoni). Federal Listing Status: None; State Listing Status: Threatened.

Swainson’s hawk was listed as threatened by the State of California in 1983 due to population declines likely precipitated by significant losses of riparian habitat and conversion of open foraging habitats to developed lands.
12,13 Swainson’s hawks are distributed throughout western North America during the breeding season, but in California they are primarily limited to the Central Valley and the southeastern Great Basin region.14 Swainson’s hawks in California are strongly associated with riparian habitats, though they are also found in oak woodlands and other open habitats. 15,16 Prime breeding habitat encompasses
10 California Native Plant Society (CNPS), Rare Plant Program, 2017. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39), http://www.rareplants.cnps.org, accessed 12 July 2017. 11 California Natural Diversity Data Base (CNDDB), 2017. Rarefind. California Department of Fish and Game. Queried July 12, 2017.
12 Woodbridge, B., 1988. California Partners in Flight riparian bird conservation plan for the Swainson's Hawk. PRBO Conservation Science, 16 pp. 13 England, A.S., M.J. Bechard, and C.S. Houston, 1997. Swainson's Hawk (Buteo swainsoni). In A. Poole, and F. Gill, editors.

The Birds of North America. The Academy of Natural Sciences and The American Ornithologists' Union, Washington, D. C. and Philadelphia PA. 14 Woodbridge, B., 1988. California Partners in Flight riparian bird conservation plan for the Swainson's Hawk. PRBO Conservation Science, 16 pp. 15 Woodbridge, B., 1988. California Partners in Flight riparian bird conservation plan for the Swainson's Hawk. PRBO Conservation Science, 16 pp. 16 England, A.S., M.J. Bechard, and C.S. Houston, 1997. Swainson's Hawk (Buteo swainsoni). In A. Poole, and F. Gill, editors.

The Birds of North America. The Academy of Natural Sciences and The American Ornithologists' Union, Washington, D. C. and Philadelphia PA.

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riparian draws or clumps of trees surrounded by open grassland or oak savannah for foraging. 17,18
Swainson’s hawks build sturdy stick nests in low willows, box elders, oaks, or other trees, breeding from early March through July.19 They are neotropical migratory birds, flying south after the breeding season to spend their winter months on the Pampas of Argentina.20 Stresses on winter populations, including pesticide poisoning, on the winter grounds have contributed to declines in North American breeding populations.

Swainson’s hawks could forage in the grasslands and agricultural areas in the Plan Area where prey species including California voles and pocket gopher occur. Swainson’s hawk foraging habitat value is greater in the larger, more expansive open spaces and agricultural areas within the Plan Area, than in the smaller, isolated grasslands and agricultural areas in the Plan Area. As of July 12, 2017, there are no CNDDB records of nesting by this species within the Plan Area, although potential nesting trees exist within the Plan Area.

San Joaquin Kit Fox (Vulpes macrotis mutica). Federal Status: Endangered; State Status: Threatened. The kit fox is the smallest canid species in North America, and the San Joaquin kit fox is the largest subspecies.

The San Joaquin kit fox was listed as endangered by the USFWS in 196721 and by the State of California in 1971. Grinnell et al. (1937)22 believed that by 1930, the range of the San Joaquin kit fox had been reduced by half. Loss of habitat from urban, agricultural, and industrial development is the principal factor in the decline of the San Joaquin kit fox since at least the 1950s.23 The USFWS24 estimated that by 1958, 50 percent of the Valley’s original natural communities had been converted to other types of land use.

The San Joaquin kit fox is primarily nocturnal and typically occurs in annual grassland or mixed shrub/grassland habitats throughout low, rolling hills and in the valleys. The diet of kit foxes varies geographically, seasonally, and annually, but throughout most of its range, the diet consists primarily of kangaroo rats (Dipodomys spp.), pocket mice (Perognathus spp.), white-footed mice (Peromyscus spp.), Nelson’s antelope squirrels (Ammospermophilus nelsoni), California ground squirrels, rabbits (Sylvilagus 17 England, A.S., M.J. Bechard, and C.S. Houston, 1997. Swainson's Hawk (Buteo swainsoni). In A. Poole, and F. Gill, editors.

The Birds of North America. The Academy of Natural Sciences and The American Ornithologists' Union, Washington, D. C. and Philadelphia PA. 18 Woodbridge, B., 1988. California Partners in Flight riparian bird conservation plan for the Swainson's Hawk. PRBO Conservation Science. 16 pp. 19 England, A.S., M.J. Bechard, and C.S. Houston, 1997. Swainson's Hawk (Buteo swainsoni). In A. Poole, and F. Gill, editors.

The Birds of North America. The Academy of Natural Sciences and The American Ornithologists' Union, Washington, D. C. and Philadelphia PA. 20 Canavelli, S.B., M.J. Bechard, B. Woodbridge, M.N. Kochert, J.J. Maceda, and M.E. Zaccagnini, 2003. Habitat use by Swainson's hawks on their austral wintering grounds in Argentina. Journal of Raptor Research 37:125-134. 21 U.S. Fish and Wildlife Service (USFWS), 1967. Native fish and wildlife. Endangered species. Federal Register 32:4001. 22 Grinnell, J., J.S. Dixon, and J.M. Linsdale, 1937. Furbearing Mammals of California: Their natural history, systematic stats, and relations to man. UC Press. 23 Morrell, S., 1972. Life history of the San Joaquin kit fox (Vulpes macrotis mutica). California Fish and Game Bulletin 58:162-174. 24 U.S. Fish and Wildlife Service (USFWS), 1980. Blunt-nosed leopard lizard recovery plan. Portland, Oregon, 62 pp.

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spp.), black-tailed jackrabbits, ground nesting birds, and insects. 25,26,27,28 Kit foxes require underground
dens for temperature regulation, shelter, reproduction, and predator avoidance,29 and they commonly modify and use dens constructed by other animals and structures made by humans.30 The CNDDB (2017) does not list any records within a 5-mile radius and the majority of the Plan Area contains unsuitable habitat, lacking suitable escape and denning structures and an adequate prey base to support permanent occupancy by the San Joaquin kit fox. Grasslands and agricultural areas on the periphery of the Plan Area that have not been fragmented by agricultural-residential or urban development may provide marginal dispersal habitat for this species. Both adult and juvenile San Joaquin kit foxes are known to move through a variety of partially disturbed habitats such as farm lands, oil fields, and areas with low density roads and highways.
31,32 This behavior combined with a reported average
dispersal distance of approximately 5 miles and occasional dispersal distances of approximately 25 to 76 miles33, 34 result in a low potential for kit foxes to occur in the Plan Area on rare occasions. Therefore, the San Joaquin kit fox is unlikely to occur in the Plan Area.

Pallid bat (Antrozous pallidus). Federal Listing Status: None; State Listing Status: Species of Special Concern.The pallid bat occurs throughout most of California, except in the high Sierra Nevada from Shasta to Kern counties and the northwestern corner of the state from Del Norte and western Siskiyou counties to northern Mendocino County. The pallid bat inhabits a variety of habitats, including coniferous forests, deciduous woodlands, brushy terrain, rocky canyons, open farm land, and desert.35 The species is most 25 Morrell, S., 1972. Life history of the San Joaquin kit fox (Vulpes macrotis mutica). California Fish and Game Bulletin 58:162- 174. 26 Orloff, S., F. Hall, and L. Spiegel, 1986. Distribution and habitat requirements of the San Joaquin kit fox in the northern extreme of their range. Transactions of the Western Section of the Wildlife Society 22:60-70. 27 Scrivner, J.H., T.P. O’Farrell, T.T. Kato, and M.K. Johnson, 1987. Dispersal of San Joaquin kit foxes, Vulpes macrotis mutica, on Naval Petroleum Reserve #1, Kern County, California, 1980-184. Rep. No. EGG 10282-2168, EG&G Energy Measurements, Goleta, California, 32 pp. 28 Cypher, B.L. and K.A. Spencer, 1998. Competitive interactions between coyotes and San Joaquin kit foxes. Journal of Mammalogy 79:204-214. 29 Golightly, R.T. and R.D. Ohmart, 1984. Water economy of two desert canids: coyote and kit fox. Journal of Mammalogy 65:51-58.
30 U.S. Fish and Wildlife Service (USFWS), 1998. Recovery Plan for Upland Species of the San Joaquin Valley, California.

Region 1, Portland, Oregon, 319 pp. 31 Scrivner, J.H., T.P. O’Farrell, T.T. Kato, and M.K. Johnson, 1987. Dispersal of San Joaquin kit foxes, Vulpes macrotis mutica, on Naval Petroleum Reserve #1, Kern County, California, 1980-184. Rep. No. EGG 10282-2168, EG&G Energy Measurements, Goleta, California, 32 pp. 32 Haight, R.G., B. Cypher, P.A. Kelly, S. Phillips, H.P. Possingham, K. Ralls, A.M. Starfield, P.J. White, and D. Williams, 2002.

Optimizing habitat protection using demographic models of population viability. Conservation Biology 16:1386-1397. 33 Scrivner, J.H., T.P. O’Farrell, T.T. Kato, and M.K. Johnson, 1987. Dispersal of San Joaquin kit foxes, Vulpes macrotis mutica, on Naval Petroleum Reserve #1, Kern County, California, 1980-184. Rep. No. EGG 10282-2168, EG&G Energy Measurements, Goleta, California, 32 pp. 34 U.S. Fish and Wildlife Service (USFWS), 1998. Recovery Plan for Upland Species of the San Joaquin Valley, California.

Region 1, Portland, Oregon, 319 pp. 35 Pierson, E.D. and W.E. Rainey. 1998. Pallid bat, Antrozous pallidus. In B.C. Bolster (Editor), Terrestrial Mammal Species of Special Concern in California. Drafeet Bird and Mammal Conservation Program Report No. 98–14. Sacramento, CA: California Department of Fish and Game.

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common in open, dry habitats with rocky areas for roosting. Pallid bats are primarily a crevice-roosting species and select daytime roosting sites where they can retreat from view.36 The prey of the pallid bat consists of a wide variety of insects and arachnids, including beetles, orthopterans, homopterans, moths, spiders, scorpions, solpugids, and Jerusalem crickets. It is unusual among North American bats in that most of its prey is taken off the ground, although a few are taken aerially.37 The pallid bat is highly social and usually occurs in colonies of 12 to 100 individuals38 that cluster to share body heat. 39 The pallid bat
roosts both during the day and at night, spending 60 to 80 percent of a 24-hour cycle in the roost environment.40 During the day this species shelters inside crevices or cavities found in natural features such as trees, cliffs, caves and rocky outcrops, and in manmade features such as barns, bridges, mines, and attics.
41,42,43 Roost temperature may be a limiting factor in roost selection. Pallid bats are intolerant of roost temperatures above 104° F,44 and often occupy roosts that offer a varied temperature regime. Pallid bats are very sensitive to disturbance at the roost. When disturbed, they generally retreat into crevices, and with repeated disturbance, may abandon the roost.
45 Recent radio-tracking efforts in the west,
including California, suggest that the pallid bat is far more dependent on tree roosts than was previously realized.46 Pallid bats are also one of the species most predictably associated with bridges. No CNDDB (2017) records occur within a 5-mile radius of the Plan Area; however, suitable foraging and roosting habitat is present within the Plan Area. Therefore, the species may occur within the Plan Area.

Townsend’s big-eared bat (Corynorhinus townsendii). Federal Listing Status: None; State Listing Status:

Species of Special Concern. Pierson and Rainey (1998) identified 39 active Townsend’s big-eared bat maternity colonies and 55 maternity roost sites scattered throughout California. The distribution is 36 Pierson, E.D. and W.E. Rainey. 1998. Pallid bat, Antrozous pallidus. In B.C. Bolster (Editor), Terrestrial Mammal Species of Special Concern in California. Drafeet Bird and Mammal Conservation Program Report No. 98–14. Sacramento, CA: California Department of Fish and Game. 37 Pierson, E.D. and W.E. Rainey. 1998. Pallid bat, Antrozous pallidus. In B.C. Bolster (Editor), Terrestrial Mammal Species of Special Concern in California. Drafeet Bird and Mammal Conservation Program Report No. 98–14. Sacramento, CA: California Department of Fish and Game. 38 Barbour, R.W. and W.H. Davis, 1969. Bats of America. Lexington, KY: University of Kentucky Press. 39 Vaughn, T.A. and T.J. O’Shea, 1976. Roosting ecology of the pallid bat, Antrozous pallidus. Journal of Mammalogy 57: 19-42. 40 Vaughn, T.A. and T.J. O’Shea, 1976. Roosting ecology of the pallid bat, Antrozous pallidus. Journal of Mammalogy 57: 19-42. 41 Barbour, R.W. and W.H. Davis, 1969. Bats of America. Lexington, KY: University of Kentucky Press. 42 Hermanson, J.W. and T.J. O’Shea, 1983. Antrozous pallidus. The American Society of Mammalogists, Mammalian Species No. 213:1–8. 43 Pierson, E.D. and W.E. Rainey, 1998. Distribution, status, and management of Townsend's big-eared bat (Corynorhinus townsendii) in California. State of California Department of Fish and Game. Bird and Mammal Conservation Program Technical Report Number 96-7. 44 Licht, P. and P. Leitner, 1967. Behavior response to high temperatures in 3 species of California bats. Journal of Mammalogy 48:52–61. 45 Pierson, E.D. and W.E. Rainey, 1998. Distribution, status, and management of Townsend's big-eared bat (Corynorhinus townsendii) in California. State of California Department of Fish and Game. Bird and Mammal Conservation Program Technical Report Number 96-7. 46 Pierson, E.D. and W.E. Rainey, 1998. Distribution, status, and management of Townsend's big-eared bat (Corynorhinus townsendii) in California. State of California Department of Fish and Game. Bird and Mammal Conservation Program Technical Report Number 96-7.

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strongly correlated with the availability of roosting habitat and the absence of human disturbance at roost sites.
47,48
Townsend’s big-eared bat is a colonial species, and females aggregate in the spring at maternity colonies to begin their breeding season, which may extend through the end of August. Females give birth to one young, and females and young show a high fidelity to both their group and their specific roost site.

Although the Townsend’s big-eared bat is usually a cave dwelling species, many colonies are found in anthropogenic structures, such as the attics of buildings or old abandoned mines. Known roost sites in California include limestone caves, lava tubes, mine tunnels, buildings, and other structures.49 This species also roosts in deep crevices of redwood trees. Radio tracking studies suggest that movement from a colonial roost during the maternity season is confined to the area within 9 miles of the roost.50 This species is easily disturbed while roosting in buildings, and females are known to abandon their young when disturbed.51 Townsend’s big-eared bats feed primarily on moths and other soft-bodied insects.52 No CNDDB (2017) records occur within a 5-mile radius of the Plan Area; however, suitable foraging and roosting habitat is present within the Plan Area. Therefore, the species may occur within the Plan Area.

Western mastiff bat (Eumops perotis californicus). Federal Listing Status: None; State Listing Status: Species of Special Concern. Western mastiff bats are the largest of all of North America species of bats with a forearm length of 2.87 to 3.27 inches and weigh up to 3.53 ounces. Individuals can forage at elevations of 1,968 to 2,296 feet above ground level and may forage for seven hours and 15 miles from their roost.53 This species roosts primarily in cliffs or high buildings where there is a minimum of 9.84 feet of vertical drop at the entrance to roosts.54 This species is found in the central and south coastal California, the San Joaquin Valley, the southern half of the Sierra foothills, and throughout desert regions. This species may utilize bridges or buildings as night roosts, day roosts, or maternity roosts. Suitable foraging and roosting habitat is present within the Plan Area and there are four CNDDB (2017) records of the species within 5 miles of the Plan Area.
47 Pierson, E.D. and W.E. Rainey, 1998. Distribution, status, and management of Townsend's big-eared bat (Corynorhinus townsendii) in California. State of California Department of Fish and Game. Bird and Mammal Conservation Program Technical Report Number 96-7. 48 Sherwin, R. and A. Piaggio, 2005. Corynorhinus townsendii. Western Bat Working Group, http://wbwg.org/ species_accounts/vespertilonidae/coto.pdfm, accessed May 2011. 49 Williams, D.F., 1986. Mammalian species of special concern in California. Prepared for the State of California, The Resources Agency, Department of Fish and Game. 50 Pierson, E.D. and W.E. Rainey, 1998. Distribution, status, and management of Townsend's big-eared bat (Corynorhinus townsendii) in California. State of California Department of Fish and Game. Bird and Mammal Conservation Program Technical Report Number 96-7. 51 Humphrey, S.R. and T.H. Kunz, 1976. Ecology of a Pleistocene relict, the western big-eared bat (Plecotus townsendi) in the southern Great Plains. Journal of Mammalogy 57:470-494. 52 Kunz, T.H. and R.A. Martin, 1982. Plecotus townsendii. Mammalian Species 175:1-6. 53 Vaughn, T.A., 1959. Functional morphology of three bats: Eumops, Myotis, Macrotus. University of Kansas Publications, Museum of Natural History 12:1–153. 54 Wilson, D.E. and S. Ruff, 1999. The Smithsonian Book of North American Mammals. Washington DC: Smithsonian Institute Press.

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Western red bat (Lasiurus blossevillii). Federal Listing Status: None; State Listing Status: Species of Special Concern. The western red bat is a migratory species that occurs from Shasta County to the Mexican border, west of the Sierra Nevada/Cascade crest and deserts.55 Western red bats are strongly associated with intact cottonwood and sycamore valley riparian habitats in low elevations.56 Both day and night roosts usually are located in the foliage of trees; red bats in the Central Valley show a preference for large trees and extensive, intact riparian habitat.57 Day roosts often are located along the edges of riparian areas, near streams, grasslands, and even urban areas (Western Bat Working Group 2005). During the breeding season, western red bats establish individual tree roosts and occasionally small maternity colonies in riparian habitats.58 Little is known about the habitat use of western red bats during the nonbreeding season.59 Western red bats breed in August and September, but fertilization does not occur until spring. Young are typically born in June with litter sizes ranging from 1 to 5 young. 60,61 No CNDDB (2017)
records occur within a 5-mile radius of the Plan Area. The species is strongly associated with intact cottonwood and sycamore valley riparian habitats in low elevations, which is absent from the Plan Area.

Therefore, the species is unlikely to occur within the Plan Area.

American badger (Taxidea taxus). Federal Listing Status: None; State Listing Status: Species of Special Concern. The American badger occurs throughout western North America, including much of California. It is most abundant in grasslands and other habitats dominated by herbaceous vegetation, but it will also use the drier open stages of scrub and woodland habitats. Badgers are generally associated with treeless regions, prairies, park lands, and cold desert areas. They need friable soils suitable for excavation of their burrows and a prey base of small burrowing mammals. Badgers dig dens with single, 8- to 21-inch elliptical entrances in for cover. These animals frequently reuse old burrows; although, some have been known to dig a new den each night, especially in summer. Soil excavated during formation of the den is piled at the entrance.

The American badger is somewhat tolerant of human activities, and clearing of woody vegetation for range may have benefited the species historically. However, intensive cultivation destroys their burrows and makes areas unsuitable for denning; thus, badgers are associated more with rangeland and areas with 55 California Department of Fish and Game (CDFG), 2008. CWHR Version 8.2 personal computer program in California Department of Fish and Game, California Interagency Wildlife Task Group. 56 Pierson, E.D., W. E. Rainey, and C. Corben, 2006. Distribution and status of western red bats (Lasiurus blossevillii) in California. California Department of Fish and Game, Habitat Conservation Branch, Species Conservation and Recovery Program Report 2006-04. 57 Pierson, E.D., W. E. Rainey, and C. Corben, 2006. Distribution and status of western red bats (Lasiurus blossevillii) in California. California Department of Fish and Game, Habitat Conservation Branch, Species Conservation and Recovery Program Report 2006-04. 58 Zeiner, D.C., W.F. Laudenslayer Jr., K.E. Mayer, and M. White, Editors, 1990. California's wildlife. Volume III: Mammals.

California Department of Fish and Game, Sacramento, California. 59 Pierson, E.D., W. E. Rainey, and C. Corben, 2006. Distribution and status of western red bats (Lasiurus blossevillii) in California. California Department of Fish and Game, Habitat Conservation Branch, Species Conservation and Recovery Program Report 2006-04. 60 Wilson, D.E. and S. Ruff, 1999. The Smithsonian Book of North American Mammals. Washington DC: Smithsonian Institute Press.61 Bolster, Betsy C., 2005. Western Bat Working Group species accounts Lasiurus blossevillii, http://www.wbwg.org/ speciesinfo/species_accounts/species_accounts.html, accessed April 26, 2011.

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uncultivated refugia than with broad expanses of cultivated land.62 Grasslands and agricultural areas on the periphery of the Plan Area that have not been fragmented by agricultural-residential or urban development may provide marginal habitat; however, these conditions are limited within the Plan Area making it unlikely that American badgers occur within the Plan Area.

Burrowing Owl (Athene cunicularia). Federal Listing Status: None; State Listing Status: Species of Special Concern. The burrowing owl is a small, terrestrial owl of open country. These owls prefer annual and perennial grasslands, typically with sparse or nonexistent tree or shrub canopies. In California, burrowing owls are found in close association with California ground squirrels; owls use abandoned ground squirrel burrows for shelter and nesting. The nesting season as recognized by the California Department of Fish and Game (CDFG) (1995) runs from February 1 through August 31. After nesting is completed, adult owls may remain in their nesting burrows or in nearby burrows, or they may migrate;63 young birds disperse across the landscape from 0.1 to 35 miles from their natal burrows.64 Burrowing owl populations have declined substantially in the portions of their range in recent years, with declines estimated at 4 to 6 percent annually.
65 The CNDDB (2017) does not list any records within a 5-mile radius of the Plan Area; however, there are a few records within a 5- to 10-mile radius. The Plan Area may provide a small amount of suitable annual grassland habitat for the burrowing owl and for their prey, the California ground squirrel. Protocol-level surveys for this species, which would entail a series of site visits in accordance with the CDFG’s protocol to determine presence/absence of this species have not been conducted. Therefore, the burrowing owl could potentially occur in the Plan Area, but the species’ presence is unlikely.

Western pond turtle (Emys marmorata). Federal Listing Status: None; State Listing Status: Species of Special Concern. The western pond turtle is a medium-sized brown or olive-colored aquatic turtle, and is found west of the Sacramento-San Joaquin Delta, and south to northern Baja, except in desert areas. The pond turtle is normally found in and along riparian areas, although females have been reported up to 1 mile away from water in search of appropriate nest sites. The preferred habitat for these turtles includes ponds or slow-moving relatively deep water with numerous basking sites (e.g., logs, rocks, etc.), food sources (e.g., plants, aquatic invertebrates, and carrion), and few predators (e.g., raccoons, introduced fishes, and bullfrogs). Juvenile and adult turtles are commonly seen basking in the sun at appropriate sites, although they are extremely wary animals and often dive into the water at any perception of danger. 62 California Department of Fish and Game (CDFG), 2009. Species Account of the American Badger, http://www.delta.dfg.ca.gov/gallery/badger.asp, accessed September 2009. 63 Gorman, L.R., D.K. Rosenberg, N.A. Ronan, K.L. Haley, J.A. Gervais, and V. Franke, 2003. Estimation of reproductive rates of Burrowing Owls. Journal of Wildlife Management 67:493-500. 64 Rosier, J.R., N.A. Ronan, and D.K. Rosenberg, 2006. Post-breeding dispersal of burrowing owls in an extensive California grassland. American Midland Naturalist 155:162-167. 65 DeSante, D.F., Ruhlen, E.D., and Scalf, R., 2007. The distribution and relative abundance of Burrowing Owls in California during 1991–1993: Evidence for a declining population and thoughts on its conservation, in Proceedings of the California Burrowing Owl Symposium, November 2003 (J.H. Barclay, K.W. Hunting, J.L. Lincer, J. Linthicum, and T.A. Roberts, eds.), pp. 1-41.

Bird Populations Monogr. 1. The Institute for Bird Populations and Albion Environmental, Inc.

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No CNDDB (2017) records occur within a 5-mile radius of the Plan Area; however, suitable aquatic habitat is present for the western pond turtle within the Plan Area. Therefore, the species may occur within the Plan Area.

Nesting Migratory Birds. A variety of common birds, such as black phoebes (Sayornis nigricans), northern mockingbirds (Mimus polyglottos), American robins (Turdus migratorius), and house finches (Haemorhous mexicanus) could potentially nest within the Plan Area and be subject to take of birds and the destruction of nests or eggs during project activities. Although take of these relatively common species would not be considered a significant impact under CEQA, it would be in violation of the Migratory Bird Treaty Act and California Fish and Game Code.

Wetlands
There are several unnamed creeks or drainages in the Plan Area (Figure 4.4-3) that may have hydrologic connectivity to a navigable or perennial surface water source or tributary. These features may be subject to the jurisdiction of the USACE under provisions of Section 404 of the Clean Water Act (1972) and Section 10 of the Rivers and Harbors Act (1899). They may also qualify as “waters of the state” and could potentially be impacted directly by construction or by uncontrolled runoff from Plan activities. Those activities that require a permit under Section 404 of the Clean Water Act will also require a State water quality certification from the RWQCB under Section 401 of the Clean Water Act. The extent and limits of such habitats have not yet been established, but would need to be determined through formal wetland delineation before any construction activities begin.

Special-Status Natural Communities
In general, "special‐status natural communities" include those communities that are of limited distribution statewide or within a county or region; communities that are of special concern to resource agencies; and communities that, because they are vulnerable to the environmental effects of projects, are assessed or protected under CEQA Section 1600 of the California Department of Fish and Game Code, and/or Section 404 of the Clean Water Act, among others. The most current version of the CDFW’s List of Vegetation Alliances and Associations (or "Natural Communities List") (2010) indicates which natural communities are considered "special‐status" in the state of California. There are no special-status natural communities in the Plan Area.

4.4.2 STANDARDS OF SIGNIFICANCE
The proposed Plan would result in a significant impact with respect to biological resources if it would:

1. 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 USFWS.

2. 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 USFWS.

National Wetlands Inventory (NWI)
CA 180 E
S Marks Ave
California Ave
CA 99 S
Jensen Ave
CA 14 S
North Ave
PUBHx
PUBHx
L2UBHx
PEMA
PUBHx
PUBFx
PEMC
PUBFx
PUBHx
PUBFx
PUBFx
PUBFx
PUBFx
PUBFx PUBFx
Figure 3: Potential Jurisdictional Habitats Map
City Limit
Sphere of Influence
Plan Area
National Hydrography Dataset (NHD)
Intermittent Lake/Pond
Perennial Lake/Pond
Reservoir
Canal/Ditch
3,000 0 3,000 Feet
L2UBHx - Lacustrine, Littoral, Unconsolidated Bottom, Permanently Flooded, Excavated PEMA - Palustrine, Emergent, Temporarily Flooded
PUBFx - Palustrine, Unconsolidated Bottom, Semipermanently Flooded, Excavated PEMC - Palustrine, Emergent, Seasonally Flooded
PUBHx - Palustrine, Unconsolidated Bottom, Permanently Flooded, Excavated National Wetlands Inventory (NWI)
CA 180 E
S Marks Ave
California Ave
CA 99 S
Jensen Ave
CA 14 S
North Ave
PUBHx
PUBHx
L2UBHx
PEMA
PUBHx
PUBFx
PEMC
PUBFx
PUBHx
PUBFx
PUBFx
PUBFx
PUBFx
PUBFx PUBFx
Figure 3: Potential Jurisdictional Habitats Map
City Limit
Sphere of Influence
Plan Area
National Hydrography Dataset (NHD)
Intermittent Lake/Pond
Perennial Lake/Pond
Reservoir
Canal/Ditch
3,000 0 3,000 Feet
L2UBHx - Lacustrine, Littoral, Unconsolidated Bottom, Permanently Flooded, Excavated PEMA - Palustrine, Emergent, Temporarily Flooded
PUBFx - Palustrine, Unconsolidated Bottom, Semipermanently Flooded, Excavated PEMC - Palustrine, Emergent, Seasonally Flooded
PUBHx - Palustrine, Unconsolidated Bottom, Permanently Flooded, Excavated Source: PlaceWorks, 2017.

Figure 4.4-3
Potential Jurisdictional Habitats Map

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3. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.

4. 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.

5. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.

6. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan.

4.4.3 IMPACT DISCUSSION
BIO-1 Implementation of the proposed Plan would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service.

Rare Plants
Rare plant surveys were not conducted within the Plan Area. While unlikely, four rare plant species (California jewelflower, California satintail, Sanford’s arrowhead, and Caper-fruited tropidocarpum), including a State and federally endangered species, have limited potential to occur in the Plan Area. If individuals of these species are present in in the Plan Area, plants could be lost due to trampling or earthmoving. Clearing, grading or paving could result in removal or modification of seed banks. Indirect effects from construction could result from soil compaction that adversely affects soil conditions. Mobilization of dust during construction could reduce the survivorship and productivity of individual plants close to dust sources by decreasing photosynthetic output, reducing transpiration, and adversely affecting reproductive success.

The General Plan includes specific implementing policies pertaining to biological resources that must be adhered to for development within the Plan Area, specifically within the Open Space and Biological Resources Section of Chapter 5, the Parks, Open Space, and Schools Element (POSS). Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential project impacts to special‐status plant species and their associated habitats. Further, incorporation of the General Plan Mitigation Measures BIO-1.1a to BIO-1.1c into the conditions of approval would ensure that if one or more of these rare plants occur in the Plan Area, their presence would be detected, the risk of mortality would be avoided to the maximum extent feasible, and impacts would be reduced to a less-thansignificant level.

Significance Without Mitigation: Significant.

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Impact BIO-1.1: Implementation of the proposed Plan could result in the loss of rare plant species.

MEIR Mitigation Measure BIO-1.1a: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Plan 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.

MEIR Mitigation Measure BIO-1.1b: Direct or incidental take of any State- or federally-listed species should 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 must 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 a listed species will be determined on a case-by-case basis through agency consultation.

MEIR Mitigation Measure BIO-1.1c: Development within the Plan Area should avoid, where possible, special-status natural communities 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, compensatory habitat-based mitigation is required under CEQA and CESA. Mitigation will consist of preserving on-site habitat, restoring similar habitat, or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation will be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio will 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 will depend on the quality of the habitat and presence/absence of a special-status species. The specific mitigation for project level impacts will be determined on a case-by-case basis.

Significance With Mitigation: Less than significant.

Swainson’s Hawks
Grasslands and agricultural areas on the periphery of the Plan Area that have not been fragmented by agricultural-residential or urban development may provide foraging habitat for Swainson’s hawks and trees in the open space may provide nesting habitat. If Swainson’s hawks nest in trees in the Plan Area, tree removal may result in injury or mortality of individuals, displacement of breeding birds, or the abandonment of active nests. Specifically, tree removal could contribute to the incidental loss of fertile eggs or nestlings or otherwise lead to reproductive failure.

Any reduction in the numbers of this rare species, directly or indirectly (through nest abandonment or reproductive suppression) caused by the proposed Plan, would constitute a significant impact. In addition, this species is protected under CESA as a threatened species. Furthermore, raptors and their nests are

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protected under both federal and State laws and regulations, including the MBTA and California Fish and Game Code Section 3503.5.

Trees in the Plan Area may be removed without adversely affecting nesting Swainson’s hawks as long as they are determined not to contain a Swainson’s hawk nest or be in close proximity to a tree with a Swainson’s hawk nest during the nesting season (March through August).

Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential project impacts to Swainson’s hawk and their associated habitats. Further, incorporation of the General Plan Mitigation Measures BIO-1.1a to BIO-1.1c and the following mitigation measure into the conditions of approval would ensure that if Swainson’s hawks nest on or near the Plan Area, their presence would be detected, the risk of mortality would be avoided to the maximum extent feasible, and impacts would be reduced to a less-than-significant level.

Significance Without Mitigation: Significant.

Impact BIO-1.2: Implementation of the proposed Plan could result in mortality of Swainson’s hawks.

Mitigation Measure BIO-1.2: Conduct a Preconstruction Survey for Swainson’s Hawk Nests and Implement Avoidance Measures. If trees suitable for Swainson’s hawk nesting are to be removed during the Swainson’s hawk nesting season (March through August), a qualified biologist knowledgeable of the species will conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, as described in the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). This methodology divides the nesting season into five survey periods: January 1 to March 20, March 20 to April 5, April 5 to May 20, May 21 to June 10, and June 10 to July 30. The first survey period occurs before most Swainson’s hawks return to California, so this survey is optional. The site should be surveyed at a minimum of 3 times in each of the two periods that precede project initiation.

If an active Swainson’s hawk nest is detected on the project site, CDFW will be consulted and sitespecific avoidance or mitigation measures will be implemented consistent with CDFW recommendations (Swainson’s Hawk Technical Advisory Committee 2000).

Significance With Mitigation: Less than significant.

San Joaquin Kit Fox
San Joaquin kit fox that are dispersing or foraging in the periphery of the Plan Area that have not been fragmented by agricultural-residential or urban development could be subject to injury or mortality from construction-related activities. Dispersing or transient individuals could be directly affected by construction, during which vehicle and equipment traffic would increase over baseline conditions.

Although unlikely, there is potential that individual kit foxes could be killed by vehicles or construction equipment, particularly because construction may occur at night when the kit fox is most active. The

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proposed Plan would not have any direct effects on kit fox natal dens: San Joaquin kit foxes are not expected to raise pups in the marginally suitable habitat present in the Plan Area.

Dispersing or transient individuals could be indirectly affected by construction activities. Spills or leaks of industrial chemicals, fuels, and lubricants could result in poisoning of kit foxes and contamination of their habitat, and if prey are poisoned by chemicals, kit foxes could be poisoned by ingesting them. Transient or dispersing individuals also could be indirectly lost or harmed by predation or competition with species such as the red fox, feral dogs, or coyote, which might be attracted to the Plan Area if trash were discarded improperly by construction personnel.

This impact could be significant because it could result in the injury or loss of a federally and state-listed species. Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential project impacts to San Joaquin kit fox and their associated habitat. Further, incorporation of the General Plan Mitigation Measures BIO-1.1a to BIO-1.1c and the following mitigation measure into the conditions of approval will ensure that if San Joaquin kit fox occur in the Plan Area, their presence would be detected, the risk of mortality would be avoided, and impacts would be reduced to a less-thansignificant level.

Significance Without Mitigation: Significant.

Impact BIO-1.3: Implementation of the proposed Plan could result in mortality of San Joaquin kit fox.

Mitigation Measure BIO -1.3: Implement Standard Measures for Protection of San Joaquin Kit Fox. No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent shall retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agriculturalresidential or urban development. The survey, reporting, and activities during construction shall adhere to the requirements contained in the U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance. 66 As described in the standardized recommendations, if a natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary, the USFWS shall be immediately notified and under no circumstances should the den be disturbed or destroyed without prior authorization. If the preconstruction/preactivity survey reveals an active natal pupping or new information, the project applicant should contact the USFWS immediately to obtain the necessary take authorization/permit.

Significance With Mitigation: Less than significant.

Bats
The Plan Area provides suitable roosting habitat for four special-status bat species. If any special-status bats occupy the construction zone or immediately adjacent areas at the time of construction, disturbance 66 U.S. Fish and Wildlife Service (USFWS), 2011. Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or during Ground Disturbance, January. Sacramento, California.

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could destroy occupied roost sites or maternity colonies suitable trees or buildings. Reductions in the numbers of these species, through roost site destruction or disturbance or destruction of maternity colonies, would constitute a significant impact. Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential project impacts to special‐status bat species and their associated habitats. Further, incorporation of the General Plan Mitigation Measures BIO-1.1a to BIO-1.1c and the following mitigation measure be included in the conditions of approval to reduce the potential impact on these species to a less-than-significant level.

Significance Without Mitigation: Significant.

Impact BIO-1.4: Implementation of the proposed Plan could result in impacts to roosting habitat or maternity colonies of special-status bats.

Mitigation Measure BIO-1.4: Conduct Preconstruction Surveys for Special-status Bats and Implement Avoidance Measures. Any medium or larger (≥ 12-inch diameter) trees or snags selected for removal shall be inspected by a qualified biologist for presence of potential day-roosting habitat (e.g., cavities exfoliating bark, or basal hollows) for special-status bats or a maternity colony. If feasible, cavities shall be examined for roosting bats using a portable camera probe or similar technology.

Buildings with potential for roosting habitat for supporting special-status bats or a maternity colony shall be inspected by a qualified biologist for evidence of roosting colonies. If suitable roosting habitat is present and/or bat sign is observed, but no bats are detected, an evening exit count and acoustic survey using a full spectrum acoustic detector shall be conducted by a qualified bat biologist to determine if bats are present and what species are present. If present, roosts (including day roosts, winter hibernacula, and maternity colonies) and a 100- to 300-foot disturbance-free buffer surrounding each roost shall be flagged and avoided, as determined by a qualified bat biologist.

If avoidance is not possible, replacement habitat appropriate for the species’ roost requirements shall be created prior to the roost removal, and the roosting bats shall be passively evicted under the direction of a qualified biologist (as determined by a Memorandum of Understanding with the CDFG).

The qualified biologist shall facilitate the removal of roosting bats outside of the winter hibernation (November 1 to February 28th) and maternity roosting (March 15 to August 31) periods through the following means:

1. Implementing eviction during a period of warm (nighttime low >50°F), dry weather, when bats are expected to be active.

2. Opening the roosting area to allow airflow through the cavity or building (air flow disturbance).

3. Waiting a minimum of three nights of warm weather, as defined above, for roosting bats to respond to air flow disturbance, thereby allowing bats to leave during nighttime hours when predation risk is relatively low and chances of finding a new roost is greater than in the daytime.

4. Conducting a follow-up survey prior to roost removal to ensure that bats have vacated the roost.

5. Disturbing roosts at dusk just prior to roost removal the same evening to allow bats to escape during nighttime hours.

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Significance With Mitigation: Less than significant.

American Badgers
Extensive grasslands and the periphery of agricultural fields adjacent to extensive grasslands on the periphery of the Plan Area may provide habitat for American badger. Therefore, the American badger could potentially occur in the Plan Area and implementing the proposed Plan could result in injury or mortality of individual badgers during construction. Although badgers are somewhat tolerant of human activities, urbanization and fragmentation of habitat continue to threaten the species. A loss of only marginally suitable habitat within the Plan Area would not constitute a significant impact. However, disturbance of habitat could result in potential mortality (such as through vehicle strikes), injury, displacement, and harassment of badgers. During the denning season construction could result in displacement of denning badgers and the abandonment of active dens. If American badgers occupy the Plan Area, any reductions in the numbers of this State species of special concern, directly or indirectly (such as through reproductive suppression), would constitute a significant impact.

Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential project impacts to American badgers and their associated habitats. Further, incorporation of the General Plan Mitigation Measures BIO-1.1a to BIO-1.1c and the following mitigation measure into the conditions of approval would ensure that if American badger are present, the risk of mortality would be avoided to the maximum extent feasible, and impacts would be reduced to a less-than-significant level.

Significance Without Mitigation: Significant.

Impact BIO-1.5: Implementation of the proposed Plan could result in disruption of denning badgers and mortality of badgers.

Mitigation Measure 1.5. Conduct Focused American Badger Surveys and Avoid or Minimize Impacts to American Badger Dens. No more than 30 days before the start of construction activities, a qualified biologist shall conduct pre-construction surveys for American badgers within suitable habitat. If a potentially active den is found in a construction area, the den openings may be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use.

Potential (inactive) dens within the limits of disturbance shall be blocked with a one-way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where feasible; potential dens blocked with doors will be made available to badgers after construction. If American badgers or active dens are detected during these surveys, the following shall be implemented:
 If present, occupied badger dens shall be flagged, and ground-disturbing activities avoided, within 50 feet of the occupied den during the nonbreeding season (1 July through 14 February). Flagging that is highly visible by construction crews shall encircle the occupied den at the appropriate buffer distance, and shall not prevent access to the den by badgers. Dens determined to be occupied during the breeding season (15 February through 30 June) shall be flagged, and grounddisturbing activities avoided, within 200 feet to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and shall not be removed until the qualified biologist has determined that the den is no longer in use.

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 If avoidance of an active non-maternity den is not feasible, badgers shall be relocated by first incrementally blocking the den over a three-day period, followed by slowly excavating the den (either by hand or with mechanized equipment under the direct supervision of a qualified biologist, removing no more than 4 inches at a time) before or after the rearing season (15 February through 30 June). Any passive relocation of American badgers shall occur only under the direction of a qualified biologist.

Significance With Mitigation: Less than significant.

Burrowing Owl
The Plan Area may support a limited amount of suitable habitat for burrowing owl and their prey where grasslands, open space, and agricultural fields in the Plan Area have not been highly fragmented by urban development. Therefore, the burrowing owl could potentially occur in the Plan Area and implementing the proposed Plan could impact suitable burrowing owl habitat and/or result in injury or mortality of individual burrowing owls during construction. Disturbance of habitat during the breeding season (February 1 through August 31) could result in displacement of breeding birds and the abandonment of active nests. Specifically, ground disturbance during construction could contribute to the incidental loss of fertile eggs or nestlings or otherwise lead to nest abandonment.

A loss of only marginally suitable habitat in the Plan Area would not constitute a significant impact.

However, if owls occupy the site, any reductions in the numbers of this rare species, directly or indirectly (through nest abandonment or reproductive suppression), would constitute a significant impact.

Furthermore, raptors, including owls, and their nests are protected under both federal and state laws and regulations, including the MBTA and California Fish and Game Code Section 3503.5.

Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential project impacts to burrowing owls and their associated habitats. Further, incorporation of the General Plan Mitigation Measures BIO-1a to BIO-1.1c and the following mitigation measure into the conditions of approval would ensure that if burrowing owls are present, their presence would be detected, the risk of mortality would be avoided to the maximum extent feasible, and impacts would be reduced to a lessthan-significant level.

Significance Without Mitigation: Significant.

Impact BIO-1.6: Implementation of the proposed Plan could result in mortality of, and loss of habitat for, burrowing owls.

Mitigation Measure BIO-1.6: Conduct a Preconstruction Survey for Burrowing Owl and Implement Avoidance Measures. No more than 15 days before the start of ground-disturbing activities for the project, a qualified biologist(s) knowledgeable of the species will conduct a focused, preconstruction survey for burrowing owls and their sign on the project site and within 250 feet where access allows.

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In conformance with federal and State regulations regarding the protection of raptors, the survey will be conducted per the Staff Report on Burrowing Owl Mitigation. 67 All areas of suitable habitat
proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Staff Report on Burrowing Owl Mitigation will be implemented.

Significance With Mitigation: Less than significant.

Western Pond Turtles
The Plan Area provides both breeding (aquatic) and upland habitat for western pond turtle on the periphery of the developed areas. Construction has the potential to affect this species, and may result in injury or mortality of individual western pond turtles or their eggs during construction. Construction could result from collision or crushing of turtles, eggs, or nests by construction, or by any activity that compacts or disturbs soil in suitable habitat areas. Any increased mortality of this State species of special concern, destruction of their nests or eggs could be considered significant.

Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential project impacts to western pond turtles and associated habitats. Further, incorporation of the General Plan Mitigation Measures BIO-1.1a to BIO-1.1c and following mitigation measure would reduce the potential for impacting western pond turtles and their nests or eggs to less than significant levels.

Significance Without Mitigation: Significant.

Impact BIO-1.7: Implementation of the proposed Plan could result in impacts to Western pond turtle nests and mortality of pond turtles.

Mitigation Measure BIO-1.7. Conduct Pre-construction Surveys for Western Pond Turtle, and Move Individuals to Safety. Prior to construction, a qualified biologist (i.e., a biologist approved by CDFW to handle western pond turtles) shall look for western pond turtles within 0.25-mile of aquatic and riparian habitat, where accessible. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they shall be moved to a suitable location outside the area of impact. The candidate sites for relocation shall be identified before construction and shall be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the species’ range.

If any western pond turtle nests with eggs are found, the nests shall remain undisturbed until the eggs have hatched, if feasible. If avoidance of a nest is infeasible (e.g., if avoidance would result in an unacceptable delay in the project’s schedule), or if the eggs are discovered only after the nest has been affected, any viable eggs shall be relocated to a suitable location outside the impact area. Egg relocation areas shall be identified based on pond turtle nesting biology. Any viable eggs shall be deposited in a hole and buried for thermal protection.
67 California Department of Fish and Game (CDFG), 2012. Staff Report on Burrowing Owl Mitigation, March 7.

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Significance With Mitigation: Less than significant.

Nesting Birds
CDFW has jurisdiction over actions that could result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Sections of the Fish and Game Code that protect birds, their eggs and nests include Sections 3503 (regarding unlawful take, possession, or needless destruction of the nest or eggs of any bird), 3503.5 (regarding the take, possession, or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird).

Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential project impacts to nesting birds and their associated habitats. Further, incorporation of the General Plan Mitigation Measures BIO-1.1a to BIO-1.1c and General Plan Mitigation Measure BIO-1.8 would reduce any potential impacts to nesting birds and their associated habitats.

Significance Without Mitigation: Significant.

Impact BIO-1.8: Implementation of the proposed Plan could result in take of birds or nests.

MEIR Mitigation Measure BIO‐1.8. Proposed projects within the Plan 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 must be conducted 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 must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will 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.

Significance With Mitigation: Less than significant.

BIO-2 Implementation of the proposed Plan would not 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 U.S. Fish and Wildlife Service.

No sensitive natural communities were identified in the Plan Area. There are potential CDFW jurisdictional features within the Plan Area that may be protected by the Section 1600 provisions of the California Fish and Game Code. If any CDFW jurisdictional features could be impacted by implementation of the proposed Plan, a streambed alteration agreement would be completed with CDFW in compliance with the California Fish and Game Code for that portion of the plan. Any project‐related impacts to riparian habitat and/or a special‐status natural community are considered a significant impact and require mitigation.

Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential

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impacts to riparian habitat or special-status natural communities. Implementation of General Plan Mitigation Measures BIO-5 through BIO-7 would reduce any potential impacts on riparian habitat.

Significance Without Mitigation: Significant.

Impact BIO-2: Implementation of the proposed Plan could result in the loss of riparian habitat.

MEIR Mitigation Measure BIO-2.1a: 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 PlanArea, compensatory habitat-based mitigation shall be 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 will be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by-case basis.

MEIR Mitigation Measure BIO-2.1b: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. CDFW and/or USACE consultation, 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, shall be implemented.

MEIR Mitigation Measure BIO-2.1c: Project-related impacts to riparian habitat or a special-status natural community may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. Project impacts to special-status species associated with riparian habitat shall be mitigated 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.

Significance With Mitigation: Less than significant.

BIO-3 Implementation of the proposed Plan would not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.

There are several unnamed creeks or drainages in the Plan Area (Figure 4.4-3) that could be defined as federally protected wetlands and may be impacted by plan activities and subject to the jurisdiction of the USACE under provisions of Section 404 of the Clean Water Act. The extent and limits of such habitats have not yet been established, but would need to be determined through formal wetland delineation before any construction activities begin. Any project‐related impacts to federally protected wetlands are considered a significant impact and require mitigation. Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f will reduce potential project impacts to federally protected wetlands.

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Incorporation of the following General Plan mitigation measures will ensure that if jurisdictional wetlands are present, impacts would be reduced to a less-than-significant level.

Significance Without Mitigation: Significant.

Impact BIO-3: Implementation of the proposed Plan could result in loss of federally protected wetlands or waters.

MEIR Mitigation Measure BIO-3a: If a proposed project 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 wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Plan Area.

Appropriate wetland mitigation/creation shall be implemented in a ratio according to the size of the impacted wetland.

MEIR Mitigation Measure BIO-3b: 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.

Significance With Mitigation: Less than significant.

BIO-4 Implementation of the proposed Plan 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.

A wildlife corridor is an area of habitat, generally native, connecting wildlife populations, and a nursery site can be defined broadly as a place where young animals grow or are cared for. The Plan Area is highly fragmented by roads and within a landscape dominated by agriculture, residential, industrial, and commercial land uses. Due to the fragmentation, the Plan Area lacks corridors for wildlife movement or exchange of individuals between populations, and there is likely little use of the Plan Area as native wildlife nursery sites as a result of existing land uses. The Plan Area provides little existing habitat value for native wildlife species in the agricultural, residential, industrial, and commercial land use areas, so land conversion as a result of the proposed Plan would not be expected to substantially degrade the existing conditions for native resident or migratory fish or wildlife species, wildlife corridors, or nursery sites.

Significance Without Mitigation: Less than significant.

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BIO-5 Implementation of the proposed Plan would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.

The proposed Plan may result in the removal or alteration of existing trees within the boundaries of the Plan Area. Fresno Municipal Code Section13‐305 states that existing preserved and landscaped trees within public property, including parkways, must be preserved. Project development within the Plan Area has the potential to impact trees on public property; however, future development would be required to comply with Fresno Municipal Code Section13‐305. Therefore, potential impacts to the City’s public tree would be less than significant.
68 Significance Without Mitigation: Less than significant.

BIO-6 Implementation of the proposed Plan would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan.

The Plan Area overlaps with areas that are covered by PG&E’s San Joaquin Valley Operation and Maintenance HCP.69 The HCP covers PG&E’s routine operations and maintenance activities, as well as minor new construction, on any PG&E gas and electrical transmission and distribution facilities, easements, private access routes, or lands owned by PG&E. The proposed Plan would not be expected to conflict or interfere with the HCP activities. The proposed Plan, however, would likely result in a need for PG&E gas and electrical transmission and distribution facilities to support new residential and industrial land uses not covered by the HCP, but these activities in the Plan Area would be covered by General Plan Policies POSS‐5‐a through POSS‐5‐f, and both the General Plan and proposed Plan mitigation measures described herein.

The Plan Area is also located in the planning area of the Recovery Plan for Upland Species of the San Joaquin Valley, which addresses recovery needs and goals for the San Joaquin kit fox, among other species. Project‐level implementation of the General Plan Policies POSS‐5‐a through POSS‐5‐f and Mitigation Measures BIO-1 to BIO-3, and proposed Plan Mitigation Measures BIO-1.3, will reduce potential project impacts to the San Joaquin kit fox and other wildlife covered by the Recovery Plan and their associated habitat, and require consultation with the USFWS if take of federally-listed species would occur. Thus, with implementation of these measures, the proposed Plan would not be expected to conflict with the goals of the Recovery Plan.
68 City of Fresno, 2017. Code of Ordinances. Updated June 8, 2017, https://library.municode.com/ca/fresno/codes/ code_of_ordinances, accessed July 13, 2017. 69 Jones & Stokes, 2006. Pacific Gas & Electric Company San Joaquin Valley Operations and Maintenance Habitat Conservation Plan (includes updated Chapter 4 and Tables 5-3, 5-4 and 5-5, December 2007) (J&S 02067), Sacramento, CA.

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There are no other approved local, regional, or State habitat conservation plans that would conflict with the proposed Plan.

Significance Without Mitigation: Less than significant.

4.4.4 CUMULATIVE IMPACTS
BIO-7 Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would result in less than significant cumulative impacts with respect to biological resources A cumulative effect is a change in the environment resulting from the incremental effect of the project when added to other closely related past, present, and reasonably foreseeable projects. Past actions within the Fresno area include, but are not limited to, agriculture, and the construction of housing, commercial, industrial, and infrastructural projects.

As discussed in Section 4.4.3, the proposed Plan could have significant impacts on special-status species prior to the incorporation of mitigation measures. Most direct and indirect impacts would result from construction-related disturbances and residential, industrial, and commercial development. However, the incremental effect of the proposed Plan, when combined with the effects created by other past and reasonably foreseeable projects, would not be cumulatively considerable or significant because future projects under implementation of the proposed Plan would be required to obtain regulatory approvals and implement the mitigation measures identified throughout this chapter, as well as existing mitigation measures included in the General Plan Master EIR. These mitigation measures include Mitigation Measures BIO-1.1 through BIO-1.8, POSS‐5‐a through POSS‐5‐f, and Mitigation Measures BIO-1 through BIO-3, which would ensure protection of existing habitat, special-status plant and animal species, and potential wetlands, and ensure there are no conflicts with existing policies and regulations related to the protection of biological resources within the Plan Area. Also, because it would be speculative to assume the exact location and extent of development that would occur during implementation of the proposed Plan, future projects would be subject to project-level CEQA analysis which would further identify project specific impacts and mitigation measures at that time to ensure protection of biological resources.

Therefore, because future projects would be subject to similar policies, mitigation, and regulations as the proposed Plan, for the protection of biological resources, as well as future CEQA analysis, a less-thansignificant cumulative impact would occur.

Significance Without Mitigation: Less than significant.

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4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
This chapter describes the regulatory framework and existing conditions on the project site related to cultural and tribal resources, and the potential impacts of the project on cultural and tribal cultural resources.

4.5.1 ENVIRONMENTAL SETTING

4.5.1.1 REGULATORY FRAMEWORK
This section summarizes key federal, State and local regulations and programs related to cultural and tribal cultural resources in the Plan Area.

Federal Regulations
National Historic Preservation Act
The National Register of Historic Places (National Register) established by the National Historic Preservation Act (NHPA) of 1966, as amended, recognizes properties that are significant at local, State, and national levels. Officially designated historical resources include districts, sites, buildings, structures, and objects.

Properties that are eligible for listing in the National Register are afforded the same protection given to properties that are listed in the National Register.

For a property to be eligible for listing in the National Register, it must be significant in American history, architecture, archaeology, engineering, or culture, and must retain integrity in terms of location, design, setting, materials, workmanship, feeling, and association. Resources less than 50 years in age, unless of exceptional importance, are not eligible for the National Register. Though a listing in the National Register does not prohibit demolition or alteration of a property, California Environmental Quality Act (CEQA) requires the evaluation of project effects on properties that are listed in the National Register.

American Indian Religious Freedom Act and Native American Graves and Repatriation Act
The American Indian Religious Freedom Act recognizes that Native American religious practices, sacred sites, and sacred objects have not been properly protected under other statutes. It establishes as national policy that traditional practices and beliefs, sites (including right of access), and the use of sacred objects shall be protected and preserved. Additionally, Native American remains are protected by the Native American Graves and Repatriation Act of 1990.

Paleontological Resources Preservation Act
The Federal Paleontological Resources Preservation Act of 2002 codifies the generally accepted practice of limited vertebrate fossil collection and limited collection of other rare and scientifically significant fossils

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by qualified researchers. Researchers must obtain a permit from the appropriate State or federal agency and agree to donate any materials recovered to recognized public institutions, where they will remain accessible to the public and to other researchers.

State Regulations
California Environmental Quality Act
California State law provides for the protection of cultural resources by requiring evaluations of the significance of prehistoric and historic resources identified in documents prepared consistent with CEQA.

The CEQA Statute is contained in Public Resources Code (PRC) 21000 to 21177 and the CEQA Guidelines are contained in CCR, Title 14, Division 6, Chapter 3, Sections 15000 to 15387.

Under CEQA, a cultural resource is considered a “historical resource” if it meets any of the criteria found in Section 15064.5(a) of the CEQA Guidelines. Under CEQA, the lead agency determines whether projects may have a significant effect on archaeological and historical resources. CEQA Guidelines Section 15064.5 defines what constitutes a historical resource, including: (1) a resource determined by the State Historical Resources Commission to be eligible for the California Register of Historical Resources (including all properties on the National Register); (2) a resource included in a local register of historical resources, as defined in Public Resources Code (PRC) Section 5020.1(k); (3) a resource identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); or (4) any object, building, structure, site, area, place, record, or manuscript that the City 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 City'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.

If the lead agency determines that a project may have a significant effect on a historical resource, the project is determined to have a significant effect on the environment, and these effects must be addressed. However, no further environmental review needs to be completed if, under the qualifying criteria, a cultural resource is not found to be a historical resource or unique archaeological resource.

Public Resources Code Section 5097.5
California Public Resources Code (PRC) Section 5097.5 prohibits “knowing and willful” excavation or removal of any “vertebrate paleontological site…or any other archaeological, paleontological or historical feature, situated on public lands, except with express permission of the public agency having jurisdiction over such lands.” Public lands are defined to include lands owned by or under the jurisdiction of the State or any city, county, district, authority, or public corporation, or any agency thereof.

State Laws Pertaining to Human Remains
Any human remains encountered during ground-disturbing activities are required to be treated in accordance with California Code of Regulations Section 15064.5(e) (CEQA), Public Resources Code Section 5097.98, California Health and Safety Code Section 7050.5. California law protects Native American burials, skeletal remains, and associated grave goods regardless of their antiquity, and provides for the

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sensitive treatment and disposition of those remains. Specifically, Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the remains are discovered has determined whether or not the remains are subject to the coroner’s authority.

If the human remains are determined to be of Native American origin, the county coroner must contact the California Native American Heritage Commission (NAHC) within 24 hours of this identification. An NAHC representative will then identify a Native American Most Likely Descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. In addition, CEQA Guidelines Section 15064.5 specifies the procedures to be followed in case of the discovery of human remains on non-federal land. The disposition of Native American burials falls within the jurisdiction of the NAHC.

Senate Bill 18
Senate Bill (SB) 18, signed into law in September 2004, requires local (city and county) governments to consult with California Native American tribes to aid in the protection of traditional tribal cultural places through local land use planning.1 The intent of SB 18 is to provide California Native American tribes an opportunity to participate in local land use decisions at an early planning stage, for the purpose of protecting or mitigating impacts to cultural places. The consultation and notice requirements apply to adoption and amendment of both general plans (Government Code Section 65300 et seq.) and specific plans (Government Code Section 65450 et seq.). Specifically, Government Code Section 65352.3 requires local governments, prior to making a decision to adopt or amend a general plan, to consult with California Native American tribes identified by the NAHC for the purpose of protecting or mitigating impacts to cultural places. As previously discussed, the NAHC is the State agency responsible for the protection of Native American burial and sacred sites.

Assembly Bill 52
Assembly Bill 52 (AB 52), the Native American Historic Resource Protection Act, sets forth a proactive approach intended to reduce the potential for delay and conflicts between Native American and development interests. Projects subject to AB 52 are those that file a notice of preparation for an EIR or notice of intent to adopt a negative or mitigated negative declaration on or after July 1, 2015. AB 52 adds tribal cultural resources (TCR) to the specific cultural resources protected under CEQA. Under AB 52, a TCR is defined as a site, feature, place, cultural landscape (must be geographically defined in terms of size and scope), sacred place, or object with cultural value to a California Native American tribe that is either included or eligible for inclusion in the California Register, or included in a local register of historical resources. A Native American Tribe or the lead agency, supported by substantial evidence, may choose at its discretion to treat a resource as a TCR. AB 52 also mandates lead agencies to consult with tribes, if requested by the tribe, and sets the principles for conducting and concluding consultation. 1 The Governor’s Office of Planning and Research, Local and Tribal Intergovernmental Consultation, https://www.opr.ca.gov/s_localandtribalintergovernmentalconsultation.php, accessed July 24, 2017.

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Local Regulations
Municipal Code
 Chapter 12, Article 16: Historic Preservation Ordinance. The Ordinance is used to provide local levels of control over the historical aesthetics of cultural resources within the City, and to ensure that the potential impact to locally significant historical resources that may be the subject of redevelopment are given reasonable consideration. Locally identified historical resources include: Heritage Properties, Historic Resources, Local Historic Districts, and the National Register Historic Districts.

Certified Local Government
The City has been certified as a CLG since September 1996. The CLG Program, administered by the OHP, is a partnership among local governments, the State of California (OHP), and the National Park Service (NPS). The CLG encourages the direct participation of local governments in the identification, evaluation, registration, and preservation of historic properties within their jurisdiction and integrates local, State, and federal levels of review.2
As a participant, the City has adopted the Secretary of the Interior’s Standards, and allows the use of categorical exemptions under CEQA. The use of these criteria and standards make environmental review faster, more efficient, and reduces costs and delays.

Fresno General Plan
The City of Fresno General Plan includes the following objectives and policies that relate to cultural resources as shown in Table 4.5-1.

4.5.1.2 EXISTING CONDITIONS
Methodology
The cultural resources analysis conducted by Sierra Valley Cultural Planning, included as Appendix D, Cultural Resources Data, of this Draft EIR, consists of archival research at the Northwest Information Center (NWIC) at CSU Bakersfield, examination of the library and files, windshield survey, and contact with the Native American community.

Record Searches
Records searches were conducted to identify cultural resources within the Plan Area. Records searches were conducted at the Southern San Joaquin Valley Information Center (SSJVIC) at CSU Bakersfield. The SSJVIC, an affiliate of the State of California Office of Historic Preservation, is the official State repository of cultural resources records and reports for Fresno County. The SSJVIC maintains the Sacred Lands File, which includes the locations of sites with cultural significance to Native American groups. The CSU Bakersfield database includes information on locations where fossils have been identified, 2 California State Parks, Office of Historic Preservation, Certified Local Government Program, http://ohp.parks.ca.gov/?page_id=21239, accessed July 24, 2017.

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TABLE 4.5-1 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO CULTURAL AND TRIBAL CULTURAL RESOURCES Objective/
Policy
Number Objective/Policy Text
Objective HCR‐1 Maintain a comprehensive, citywide preservation program to identify, protect and assist in the preservation of Fresno’s historic and cultural resources.

Policy HCR‐1‐a Certified Local Government. Maintain the City’s status as a Certified Local Government (CLG), and use CLG practices as the key components of the City’s preservation program.

Policy HCR‐1‐b Preservation Office, Commission and Program. Maintain the Preservation Office, Historic Preservation Commission, and preservation program to administer the City’s preservation functions and programs.

Policy HCR‐1‐c Historic Preservation Ordinance. Maintain the provisions of the City’s Historic Preservation Ordinance, as may be amended, and enforce the provisions as appropriate.

Objective HCR‐2
Identify and preserve Fresno’s historic and cultural resources that reflect important cultural, social, economic, and architectural features so that residents will have a foundation upon which to measure and direct physical change.

Policy HCR‐2‐a
Identification and Designation of Historic Properties. Work to identify and evaluate potential historic resources and districts and prepare nomination forms for Fresno’s Local Register of Historic Resources and California and National registries, as appropriate.

Policy HCR‐2‐b Historic Surveys. Prepare historic surveys according to California Office of Historic Preservation protocols and City priorities as funding is available.

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 American 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.

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 eligible resources to the Historic Preservation Commission and as appropriate to the City Council.

Policy HCR‐2‐h Minimum Maintenance Standards. Continue to support enforcement of the minimum maintenance provisions of the Historic Preservation Ordinance, as may be amended, and enforce the provisions as appropriate.

Policy HCR‐2‐i Preservation Mitigation Fund. Consider creating a Preservation Mitigation Fund to help support efforts to preserve and maintain historic and cultural resources.

Policy HCR‐2‐j
Window Replacement. City staff will evaluate potential opportunities for identification of window replacements to ensure historic integrity is maintained while encouraging sustainability. In addition, city staff will evaluate window replacements in federally funded housing projects on a project‐by‐project basis with consideration for health, safety, historic values, sustainability, and financial feasibility.

Policy HCR‐2‐k City‐Owned Resources. Maintain all City‐owned historic and cultural resources in a manner that is consistent with the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties, as appropriate.

Policy HCR‐2‐m
Local Register Listing. Recommend that property owners, who receive funds from the City of Fresno for rehabilitation of a property, consent to listing it on the Local Register of Historic Resources if the property meets the criteria for age, significance, and integrity. Publicly funded rehabilitation properties which may meet Local Register criteria will be presented to the City’s Historic Preservation Commission for review.

Policy HCR‐2‐n
Property Database and Informational System. Identify all historic resources within the city designated on the Local, State, or National register, and potential significant resources (building, structure, object or site) in existence for at least 45 years, and provide this information on the City’s website.

Objective HCR‐3 Promote a “New City Beautiful” ethos by linking historic preservation, public art, and planning principles for Complete Neighborhoods with green building and technology.

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TABLE 4.5-1 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO CULTURAL AND TRIBAL CULTURAL RESOURCES Objective/
Policy
Number Objective/Policy Text
Policy HCR‐3‐a Adaptive Reuse. Promote the adaptive reuse and integration of older buildings into new projects as part of the City’s commitment to nurturing a sustainable Fresno.

Policy HCR‐3‐b Public Art. Collaborate with the arts community to promote the integration of public art into historic buildings and established neighborhoods. Link arts activities (such as Art Hop) with preservation activities.

Policy HCR‐3‐c
Context Sensitive Design. Work with architects, developers, business owners, local residents and the historic preservation community to ensure that infill development is context‐sensitive in its design, massing, setbacks, color, and architectural detailing.

Objective HCR‐4 Foster an appreciation of Fresno’s history and cultural resources.

Policy HCR‐4‐d
Public Archives. Maintain public archives that include information on all designated historic properties, as well as historic surveys, preservation bulletins, and general local history reference materials. Post survey reports, Historic Preservation Commission minutes and agendas, and other information of public interest on the historic preservation page of the City’s website.
the taxa of fossils found at a particular location, and the geological formations associated with a fossil locality.

Windshield Survey
A windshield survey was conducted of the Plan Area to confirm information gathered from the Assessor’s online database. This survey was conducted to look at previously documented resources, and to look at the built environment to see if there were any distinctive individual buildings or groups of buildings that could represent a district within the Plan Area. A minimum of 50 buildings, predominately residential, appear potentially significant and warrant further investigation. Also included in potentially significant property is a segment of a 1890s canal. There are a number of housing subdivisions within the study area that date to the mid- 1900s. From an architectural standpoint, none of them appear to meet criteria for historic district, mainly because so many of them have been altered subsequent to construction. As the Plan Area is a highly developed and urbanized area, no archaeological survey was completed for this Project.

Native American Consultation
In compliance with SB 18, as part of the preparation of this EIR, the City of Fresno sent a Notice of Preparation (NOP) to the NAHC on February 23, 2017. NOPs were also sent to 13 local Native American tribes/individuals. Responses were received from the North Fork Mono and Table Mountain Rancheria tribes. Table Mountain Rancheria requested copies of any cultural resources report produced as part of the project. In addition, the NAHC was contacted in writing on June 30, 2017 to identify any areas of importance to Native peoples within the Plan Area that have been documented in the Commission’s Sacred Lands files. To date, no response has been received. Copies of correspondence letters are included in Appendix D, Cultural Resources Data, of this Draft EIR.

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Setting
Environmental Setting
Initially agricultural land, the Plan Area has gradually transitioned with more residential, industrial, and commercial uses sprinkled throughout. Native American occupants of the region describe abundant sedge beds, along with rich areas of deer grass, plants that figure prominently in the construction of Native American basketry items. Prior to EuroAmerican exploration and settlement in the region, the central San Joaquin Valley was extensive grassland covered with spring-flowering herbs. Today, the Plan Area is made up of a patchwork of land uses that abut each other, including subdivisions, industry, and farmland.

Topography of the Plan Area is relatively level, sloping gradually from east to west. Soils within the area include mainly well-developed sandy loams of the Ramona, Atwater, Greenfield, Borden, Pachappa and San Joaquin series, with lesser inclusions of younger soils of the Delhi, Hanford, and Hesperia series.

Elevation ranges from approximately 260 to 290 feet above mean sea level.

Prehistory and Ethnography
The San Joaquin Valley and adjacent Sierran foothills and Coast Range have a long and complex cultural history with distinct regional patterns that extend back more than 11,000 years. The first generally agreed-upon evidence for the presence of prehistoric peoples in the region is represented by the distinctive basally-thinned and fluted projectile points, found on the margins of extinct lakes in the San Joaquin Valley. These projectiles, often compared to Clovis points, have been found at three localities in the San Joaquin Valley including along the Pleistocene shorelines of former Tulare Lake. Based on evidence from these sites and other well-dated contexts elsewhere, these Paleo-Indian hunters who used these spear points existed during a narrow time range of 11550 cal B.C. to 8550 cal B.C.

Prior to Euro American settlement, most of the San Joaquin Valley and its bordering foothills of the Sierra Nevada and Diablo Range were inhabited by speakers of Yokutsan languages. The majority of the Valley Yokuts people lived on the eastern side of the San Joaquin Valley. The study area falls within the territory of the Gashowu (also referred to as Casson) in the 1851 Treaty of Camp Barbour and in the 1933 Roll of California Indians. The Gashowu, a Tribe of the Kings River Yokuts group of the Foothill Yokuts division, occupied Auberry Valley and the drainages that flowed into the Fresno-Clovis area including Little Dry Creek, Sales Creek, Dog Creek, Big Dry Creek, Red Bank Creek, and Fancher Creek. Some of these creeks also fed into the San Joaquin Valley near the present day cities of Fresno and Clovis. Known ethnographic villages included Pohoniu, near Letcher; Yokau, on Auberry Road two and half miles north of its intersection with Millerton Road; and Oto at the present day Table Mountain Rancheria.

The Native American occupants of the San Joaquin Valley and adjoining Sierran foothills were hunters and gatherers who depended upon the seasonal procurement of locally abundant vegetal and faunal resources. As with their neighboring tribes, the Gashowu lived in permanently established villages during most of the year, usually between the months of October and May. During the rest of the year, the Gashowu would move across their territory, tracking seasonally available plant resources as well as game and fish.

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Their principal villages were situated along permanent stream courses, while temporary camp sites and special use areas were scattered throughout their territory. Bedrock milling sites, the most visible vestige of Native American occupation, were located in rock boulders and outcrops above perennial stream courses and in scattered locations throughout the Fresno Plains along intermittent stream courses where conditions favored the presence of localized pools or wells of fresh water. At the time of contact in the late 1700s, the abundance of resources in the valley and adjoining foothills provided a nearly sedentary life, with high population density typically limited elsewhere to agricultural adaptations.

General History
Fresno County, formed in 1856, was carved from portions of Mariposa, Merced, and Tulare counties. The original county seat for the county was established at Millerton in 1856. In 1874, the city of Fresno – established in 1872 by the Central Pacific Railroad – became the county seat and was incorporated by 1885. The Central Pacific Railroad, having completed the western segment of the Transcontinental Railroad, decided to connect the northern part of the state with Los Angeles. The railroad line would traverse Fresno County with its principal stop being located at Sycamore (now Herndon) on the San Joaquin River. While the city’s beginnings are directly linked to the presence of the railroad in the San Joaquin Valley, it was the development of the colony system and agriculture that made Fresno the leading agricultural center of the San Joaquin Valley.

The colony system involved land speculation where investors, generally not from the San Joaquin Valley, purchased large tracts of land and divided them into 20- and 40-acre lots and sold them to prospective buyers from the east. The Fresno Colony was established by Thomas E. Hughes. The colony was bounded by California Avenue on the north, Fruit Avenue on the west, North Avenue to the south and East Avenue on the east. The colony acreage totaled 2,880 acres and was subdivided into 144 20-acre lots. In 1885, several other colonies were established in the general vicinity of the current study area. These included the California Colony (later known as the West Park Colony), the Union Colony, and the Fruitvale Estate. By 1903, 48 separate colonies or tracts were established in Fresno County representing approximately 71,080 acres. These colonies helped break up the vast estates and initiated what agricultural historian Donald Pisani has termed "the horticultural small-farm phase" of California agriculture.

Small farms continued to dominate the project area up to 1945; however, during this period it became evident that famers were willing to sell their land to investors who were intent on developing both residential and commercial/industrial properties. In 1888 Block 9 of the Fresno Colony was once again subdivided into what was known as the Long Brothers Addition. This new subdivision consisted of four blocks containing 50 parcels on each block (200 lots total). By the mid-1940s less than half of the lots in the Long Brothers Addition had buildings located on them, with most of these being concentrated around California Avenue. By 1961 most of the lots were developed with single-family residences. In the 1990s many of the extant buildings were demolished. By 1998 only approximately 10 historic-era buildings remained; today there are none.

By the late 1930s, a boom occurred in residential construction in southwest Fresno. A number of housing tracts were being laid out, ultimately resulting in the construction of new housing. In 1964, the largest housing developments were concentrated along Jensen Avenue between Elm and Fig avenues, as well as between South Knight and South Fruit avenues north of Jensen Avenue. On North Avenue, in 1964, the

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largest concentration of residential tracts was located between West Roy and East Samson avenues.

Beyond these housing developments, most of the project area remained dedicated to agriculture. Along with residential development within the project area, commercial and light industrial development was beginning to expand into West Fresno from the downtown area. Areas of industrial expansion after World War II increased especially along Elm Avenue west of present day State Route 99 and along Whitesbridge Road from Thorne Avenue to Marks Avenue. Most of this development came following World War II.

Commencing in the late 1980s, southwest Fresno saw a significant increase in both commercial and light industrial development as property values in this area have remained relatively stable due to the availability of land.

The study area initially had its beginnings in the colony system – an area dedicated to 20 and 40-acre parcels that were home to many of Fresno’s new arrivals from other parts of the world. It was here that families of many different ethnic backgrounds were able to purchase land and raise families on their farms. It was here that families were able to experience both social and economic freedoms not afforded to them in their native lands.

Consequently, most families continued to farm their lands for several generations. Land ownership was slow to change.

While there were some residential tracts established in the study area prior to 1940, it was not until after WWII that residential and commercial development began to take hold in the study area. Today, there is greater investment in the Southwest Fresno study area in both residential and commercial development.

Although there are still large parts of the study area that remains dedicated to farming, urban sprawl seems to finally be making its mark on the land.

Archaeological Resources
Archaeological resources may be considered to be either “unique archaeological resources” or “historical resources” as defined by CEQA and described previously. CEQA Section 21083.2 defines a “unique archaeological resource” as an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it:
 Contains information needed to answer important scientific research questions, and there is a demonstrable public interest in that information;
 Has a special and particular quality, such as being the oldest of its type or the best available example of its type; and/or
 Is directly associated with a scientifically recognized important prehistoric or historic event or person.

As discussed in the General Plan MEIR, sites in the nearby foothills exhibit groundstone assemblages suggest that acorns and pine nuts were harvested when ripe by bands of mobile groups. Comparative ethnographic data suggests that mobile peoples with a seasonal round may have created a home base (village) in winter during these periods, then travelled to exploit pockets of certain resources in temporary encampments.

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Lowland groups may have predominated in the Fresno area during the late Middle Holocene and archaeological sites dated to this time would likely exhibit foodstuff and processing tools more focused on lakeshore resources than grinding implements seen in upland sites. Soil strata found in the northwestern portion of the City has been defined as a Late Pleistocene non-marine alluvial fan covered with a veneer of late Holocene soil. In general, early and Middle Holocene alluvial deposits with cultural resources in them would typically be exposed only after several feet of soil has been removed. Soils near active stream channels are younger and are less likely to exhibit sites from this period except on intact dunes and at some depth. Thus, sites from this period are likely located in the Plan Area, but are more likely to be found at depth after a disturbed topsoil horizon has been removed.

Further, a cultural resources study found that no archaeological resources have been discovered within the Plan Area. Known resources within a half-mile radius of the Plan Area include buildings and structures and not buried resources. No pre-historic resources have been recorded in the vicinity and no ethnographic villages or camps are reported within or near the Plan Area. The SSJVIC has no record of prehistoric or historical archaeological sites with the Plan Area; however, only a small portion of the Plan Area has been surveyed for the presence of archaeological resources.

Paleontological Resources
Paleontological resources, or fossils, are any evidence of past life, including remains, traces, and imprints of once-living organisms preserved in rocks and sediments that provide information about the history of life on earth dating back billions of years ago. According to the Society of Vertebrate Paleontology, significant paleontological resources include identifiable vertebrate fossils, large or small, uncommon invertebrate, plant, and trace fossils. Fossils are nonrenewable paleontological resources that are afforded protection by federal, State, and local environmental laws and regulations (Paleontological Resources Preservation Act). Accordingly, the potential of a particular area to produce a valuable paleontological resource is largely dependent on the geologic age and origin of the underlying rocks.

As stated in the Fresno MEIR, the geological subgrade of the land within the City of Fresno is entirely alluvial consisting of gravels, sands and clays. Current geological maps indicate that land within the City of Fresno consists of Quaternary alluvium with two primary surficial deposits: 1) Pleistocene non-marine and, 2) Quaternary non-marine fan deposits. The Pleistocene non-marine deposits have been more recently referred to as the Riverbank Formation, and are considered to have high potential sensitivity. The Quaternary non-marine terrace deposits consist of undifferentiated Pleistoscene-Holocene alluvial sediments and are also considered to have high potential sensitivity.

Also, as land within the Plan Area has been built upon or disturbed by farming, it is difficult to predict when prehistoric resources will be uncovered as a result of new development. Researchers have shown that when reliable water is available, prehistoric people may have lived nearby and exploit local resources.

They could have built permanent villages. Based on the geological study provided in Appendix E-1 of the MEIR, it may be possible to detect certain types of Pleistocene and Holocene ground surfaces once the disturbed horizons have been removed by earthmoving equipment during development activities. Finally, the NAHC characterized the City of Fresno as being “very sensitive” for potential impacts to Native American sacred sites and prehistoric deposits.

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Historical Architectural Resources
In 1937, The City of Fresno established the Fresno Sanitary Landfill (FSL) on 20 acres located in the southwest portion of the SFSP study area. By the time of its closure in 1987, it had expanded to 140 acres bounded on the north by Jensen Avenue, on the east by West Avenue, on the south by North Avenue, and on the west by agricultural lands east of Marks Avenue. The FSL was designed by Jean Vincenz who served as commissioner of public works, city engineer, and manager of utilities in Fresno from 1931 to 1941. The FSL established the prototype for the modern sanitary landfill in the United States. The FSL is a National Historic Landmark and listed on the National Register of Historic Places.

As shown in Table 4.5-2 below, forty-eight cultural resources, consisting primarily of historic-era single family homes, have been previously identified and recorded within the study area. No Native American sites have been previously documented within the study area. A minimum of 28 projects have been completed within portions of the study area.3
The 48 historic-era structures/facilities documented within the study area include 39 single-family residences (11 of which include ancillary structures such as detached garages and/or storage sheds), two multiple-family complexes, a vacant dairy barn, an industrial repair yard with three buildings, a miscellaneous industrial building, a commercial building, an educational complex, a military complex, and a park with pool and recreation facilities.

Previously recorded structures date to two main building periods, the 1910s (12 structures) and the 1940s (15 structures). Two residential dwellings date to the early 1900s, with seven dating to the 1920s and three to the 1930s. Nine structures date to the 1950s. The refuse scatter concentration noted above is estimated to date to the late 19th/early 20th century based on artifact types present. A concrete foundation, which may be the remains of a backyard kitchen typically constructed by Volga German families, is estimated to date to the 1920s based on examination of Sanborn records. In addition, the Teilman Home at 919 W. Kearney Boulevard is listed on the Local Register of Historic Resources.

4.5.2 STANDARDS OF SIGNIFICANCE
The proposed Project would result in a significant cultural and tribal cultural resources impact if it would:

1. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5.

2. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.

3. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

4. Disturb any human remains, including those interred outside of formal cemeteries. 3 Sierra Source: Sierra Valley Cultural Planning, Existing Conditions Assessment: Cultural Resources, Table 2, July 2017,

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TABLE 4.5-2 IDENTIFIED CULTURAL RESOURCES SITES
Street
Number Street Name APN Comm/Res/Vacant
Year
Built
Additional
Studies
2070 W. Whitesbridge Avenue 45809018 residential 1890 yes 2010 W. Whitesbridge Avenue 45809017 residential 1900 yes 633 S. Hughes Avenue 45809020 residential 1930s yes
1807 W. Whitesbridge Avenue 46404012 residential 1900s yes 830 W. Whitesbridge Avenue 46404037 residential 1920 yes 836 Crystal Avenue 46404066 residential yes
388 S. Valentine Avenue 32610046 residential/commercial 1990s yes 3162 W. Madison Avenue 32610054 residential yes
3144 W. Madison Avenue 32610030 residential yes
1624 Kearney Frontage 46406017 residential yes
1819 Kearney Frontage 46407008 residential 1950s yes
1647 Kearney Frontage 46426036 residential yes
1529 Kearney Frontage 46426044 residential yes
707 W. Eden Avenue 46417108 residential 1910 yes
1731 S. Teilman Avenue 46417116 residential 1950s yes
1484 S. Arthur Avenue 46413110 church 1960s yes
144 W. Hawes Avenue 46413214 residential 1940s yes
140 W. Hawes Avenue 46413214 residential 1940s yes
134 W. Hawes Avenue 46413215 residential 1940s yes
124 W. Hawes Avenue 46413215 residential 1940s yes
114 W. Hawes Avenue 46413221 residential 1940s yes
104 W. Hawes Avenue 46413221 residential 1940s yes
426 W. Valencia Avenue 46418118 residential 1950s yes
312 W. Valencia Avenue 46418121 residential 1950s yes
129 W. Valencia Avenue 46418409 residential 1950s yes
1208 W. Woodward Avenue 46419113 residential 1950s yes
1136 W. Woodward Avenue 46419111 residential 1950s yes
2042 S. Fruit Avenue 46420030 commercial 1940s yes
316 W. Geary Street 47713116 residential 1940s yes
135 E. Byrd Avenue 47720019 residential 1960s yes
N/A S. Marks Avenue 46406014 canal 1890s yes

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TABLE 4.5-2 IDENTIFIED CULTURAL RESOURCES SITES
Street
Number Street Name APN Comm/Res/Vacant
Year
Built
Additional
Studies
318 W. Roy Avenue 32920008 residential 1950s yes
1104 W. North Avenue 32813114 church 1940s yes
2945 S. Walnut Avenue 32808007 residential yes
126 W. North Avenue 32815014 residential 1940s yes
2993 S. Elm Avenue 32821125 commercial 1950s yes
86 E. North Avenue 32821121 residential 1940s yes
140 E North Avenue 32821117 residential 1940s yes
Source: Sierra Valley Cultural Planning, Existing Conditions Assessment: Cultural Resources, July 2017.

5. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: 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

6. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.

In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

4.5.3 IMPACT DISCUSSION
CUL-1 Implementation of the proposed Plan could cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5
The types of cultural resources that meet the definition of historical resources under CEQA generally consist of districts, sites, buildings, structures, and objects that are significant for their traditional, cultural, and/or historical associations. Under CEQA, both prehistoric and historic-period archaeological sites may qualify as historical resources.4 As such, future development under the proposed Plan could impact historical architectural resources and historical archaeological deposits.5 Historic archaeological deposits are addressed in CUL-2, and human remains are addressed below in impact discussion CUL-4, below. 4 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(c), Determining the Significance of Impacts on Historical and Unique Archaeological Resources.
5 Public Resources Code Section 21083.2(g) defines historical archaeological deposits.

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As described in Section 4.5.1.2, Existing Conditions, there are known historic resources identified within the Plan Area, including the FSL that is listed on the National Register of Historic Places. However, future development under the proposed Plan would not destroy or redevelop this site. The proposed Plan includes Land Use Policy 2.4, which calls for the City to attract and encourage low-density residential development with enhanced design and landscaping standards along Kearney Boulevard to support a Historic Corridor. Potential future development adjacent to the FSL would be required to comply with General Plan Policy HCR-2h, which requires enforcement of the minimum maintenance provisions of the Historic Preservation Ordinance for nearby historic structures. Therefore, impacts to the historic FSL would be less than significant and no mitigation measures are required.

As described in Section 4.4.1.2 Environmental Setting, several buildings within the Plan Area date to the mid-20th century and have the potential to meet criteria for inclusion on the California Register of Historical Resources. Potential future development, including site preparation, grading, demolition, and construction activities, allowed under the proposed Plan could have the potential to result in the physical demolition, destruction, relocation or alteration of these potential resources; thus, adversely impacting buildings and structures that may be historical resources.

Several existing regulations would ensure that development and redevelopment activities associated with the proposed Plan do not cause a substantial adverse change to a historic resource. As described in Section 4.5.1.1, Regulatory Framework, the California Historical Building Code provides regulations and standards for the rehabilitation, preservation, restoration (including related reconstruction), or relocation of historical buildings, structures, and properties deemed by any level of government as having importance to the history, architecture, or culture of an area. In addition, the City of Fresno Historic Preservation Ordinance provides a process to preserve, promote, and improve the Historic Resources and Historic Districts within its jurisdiction. Further, potential future development in the Plan Area would also be required to comply with General Plan Objectives HCR-1, HCR-2, and HCR-3, as well as Policies HCR-1c, HCR-2a, HCR-2b, HCR-2f, and HCR-3c, which require the City to identify, designate and preserve sites and structures of historical, archaeological, and cultural significance. General Plan Policies HCR-2c and 2g would require future development to evaluate the project site and its Area of Potential Effects (APE), for the potential historic and/or cultural resources by a professional who meets the Secretary of the Interior’s Qualifications.

The implementation of the Historic Preservation Ordinance and the above objectives and policies would reduce the potential impacts on historical resources. However, in some instances, historical resources may need to be demolished due to health and safety reasons. In addition, modifications to historical resources may be proposed and as discussed in the Historic Preservation Ordinance, the Secretary of the Interior’s Standards for the Treatment of Historic Properties would need to be implemented. However, after the procedures identified in the Historic Preservation Ordinance are followed and all feasible mitigation measures are imposed, potential significant impacts to an historic resource could remain. Since the Historic Preservation Ordinance or the objectives or policies identified above do not prevent the City from approving a project posing a significant impact to an historical resource, the potential impact is considered significant.

In addition to known historical resources, development in accordance with the proposed Plan and could result in potential impacts to unknown resources that are located below the ground surface. Based on

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data from the MEIR, there is a potential for buried historic deposits in the Southwest Fresno area.

Therefore, during grading and construction activities associated with future developments in accordance with the proposed Plan, potential impacts to historic deposits could be significant.

Significance Without Mitigation: Significant.

The following mitigation measure was included in the MEIR and remains applicable to this project.

Impact CUL-1: Implementation of the Specific Plan could cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines.

MEIR Mitigation Measure CUL-1: If previously unknown cultural resources are encountered during grading activities, construction shall stop in the immediate vicinity of the find and an archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance.

If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the archaeologist and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds.

No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study.

Significance With Mitigation: Less than significant.

CUL-2 Implementation of the proposed Plan could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.

Prehistoric archaeological resources are those cultural resources deposited before Europeans established a Franciscan Mission in California (1769) and include any deposits, features, or isolated artifacts. Under PRC 21083.2(h), prehistoric archaeological resources can be divided into two classes, unique and nonunique. Unique resources must be treated as if they are significant and avoidance of those resources is the first choice, while non-unique resources do not meet criteria in 21083.2(g) and therefore need not be avoided under CEQA Guidelines.

The records search conducted by Sierra Valley Cultural Planning did not identify any previously recorded prehistoric archaeological resources within the project area or within the vicinity of the Planning Area.

However, as there have been few large-scale pedestrian surveys within the project area, and no recorded

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subsurface testing, this is not an accurate determination of archaeological sensitivity within the region.

The region, and the Plan Area itself, contains several geological features that would have been ideal for prehistoric temporary or seasonal encampments.

The northern boundary of the Plan Area is several miles from the banks of the San Joaquin River; therefore, no impacts would occur to resources in the vicinity of the river. However, additional sources of fresh water, such as creeks and tributaries, may have permeated the project area in prehistoric times. As such, it is possible that grading and construction activities may uncover previously unrecorded archaeological resources. Therefore, it is probable that future projects allowed under the proposed Plan that occur where known cultural resources existing or require substantial excavation that could reach significant depths below the ground surface where no such excavation has previously occurred, could disturb unidentified subsurface materials that have the potential to contain prehistoric archaeological resources, including unrecorded Native American prehistoric archaeological sites. Therefore, impacts to unknown historical archeological resources would be significant. Mitigation Measure CULT-1 is required in order to assess the prehistoric archaeological sensitivity of specific project developments. If no previously recorded prehistoric resources are identified and no additional mitigation measures are proposed, Mitigation Measure CUL-4 is required to address potential inadvertent finds.

Significance Without Mitigation: Significant.

The following mitigation measure was included in the MEIR and remains applicable to this project.

Impact CUL-2: Implementation of the Specific Plan could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines.

MEIR Mitigation Measure CUL-2: 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 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 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. 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

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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 resources 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 resources shall be followed.

Significance With Mitigation: Less than significant.

CUL-3 Implementation of the proposed Plan could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

As discussed in Section 4.5.1.2, Existing Conditions, based on a review of geologic maps of the Planning Area, there are two primary surficial deposits: 1) Pleistocene non-marine and 2) Quaternary non-marine fan deposits. The Pleistoscene non-marine deposits are considered to have a high potential sensitivity. The Quaternary non-marine deposits consist of Pleistocene-Holocene alluvial sediments. Since these deposits include Pleistocene sediments, they are also considered to have a high potential for sensitivity. Therefore, excavation and/or construction activities within the Plan Area have the potential to impact paleontological/geological resources during excavation and construction activities within previously undisturbed soils. Although many areas have been previously disturbed by farming activities or previous structural development, the project could include future development that will require excavations or construction within previously undisturbed soils. The potential to impact paleontological/geological resources is considered significant.

Significance Without Mitigation: Significant.

The following mitigation measure was included in the MEIR and remains applicable to this project:

Impact CUL-3: Implementation of the Specific Plan would have the potential to directly or indirectly affect a unique paleontological resource or site, or unique geologic feature.

MEIR 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 unique paleontological/geological resources shall be conducted. The following procedures shall be followed:

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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 discovered 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 Cityapproved 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 excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed.

Significance With Mitigation: Less than significant.

CUL-4 Implementation of the proposed Plan could disturb any human remains, including those interred outside of formal cemeteries.

As described in Section 4.5.1.2, Existing Conditions, no known buried resources, pre-historic resources, or ethnographic villages or camps have been reported within or near the Plan Area. However, since the Plan Area has not been surveyed, the potential exists that construction requiring substantial excavation, could result in the disturbance of unknown human remains. Since the proposed Plan would allow taller buildings than existing development, which would require substantially greater excavation of the area that has previously occurred, unknown resources could be found within previously developed sites. Therefore, future projects under the proposed Plan would have the potential to disturb human remains and the impact is considered significant.

Significance Without Mitigation: Significant.

The following mitigation measure was included in the MEIR and remains applicable to this project:

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Impact CUL-4: Implementation of the Specific Plan would have the potential to disturb human remains, including those interred outside of formal cemeteries.

MEIR 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.

Applicable regulations and procedures described above, along with implementation of Mitigation Measure CUL-4, would ensure that any human remains discovered during construction would be handled appropriately.

Significance With Mitigation: Less than significant.

CUL-5 Implementation of the proposed Plan could cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Sections, 21074, 5020.1(k), or 5024.1.

As previously described in Section 4.5.1.1, Regulatory Framework, under subheading “Assembly Bill 52,” a TCR is defined as a site, feature, place, cultural landscape (must be geographically defined in terms of size and scope), sacred place, or object with cultural value to a California Native American tribe that is either included or eligible for inclusion in the California Register, or included in a local register of historical resources, or if the City of Fresno, acting as the lead agency, supported by substantial evidence, chooses at its discretion to treat the resources as a TCR.

As discussed under impact discussions CUL-2 and CUL-4, impacts from future development on the project site could impact unknown archaeological resources including Native American artifacts and human remains. Impacts would be reduced to a less-than-significant level with implementation of MEIR Mitigation Measures CUL-1, CUL-2, and CUL-4.

Therefore, compliance with existing federal, State, and local laws and regulations, and the General Plan policies (listed above), would protect unrecorded TCR’s on the project site by providing for the early detection of potential conflicts between development and resource protection, and by preventing or

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minimizing the material impairment of the ability of archaeological deposits to convey their significance through excavation or preservation.

Significance Without Mitigation: Significant.

Impact CUL-5: Implementation of the proposed project would have the potential to impact TCRs the disturbance of which could result in a significant impact under CEQA.

Mitigation Measure CUL-5: Implement MEIR Mitigation Measures CUL-1, CUL-2 and CUL-4.

Significance With Mitigation: Less than significant.

4.5.4 CUMULATIVE IMPACTS
CUL-6 Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to cultural resources.

The methodology used for the cumulative impact analysis is described in Chapter 4.0, Environmental Analysis, of this Draft EIR. This section analyzes potential cumulative impacts on cultural resources that could occur from development allowed by the proposed Project in combination with effects of development on lands within the region.

There is the possibility of encountering buried archaeological and paleontological deposits and human remains throughout the City of Fresno. Impacts to those resources would need to be assessed on a caseby-case basis. Future projects in Fresno would be required to comply with General Plan Objectives HCR-1, HCR-2, and HCR-3, as well as Policies HCR-1c, HCR-2a, HCR-2b, HCR-2f, and HCR-3c, which require the City to identify, designate and preserve sites and structures of historical, archaeological, and cultural significance. General Plan Policies HCR-2c and 2g would require future development to evaluate the project site and its Area of Potential Effects (APE), for the potential historic and/or cultural resources by a professional who meets the Secretary of the Interior’s Qualifications.

Furthermore, with implementation of Mitigation Measures identified under CUL-1 through CUL-3, shown above, in combination with applicable federal and State regulations, would help to reduce impacts to cultural resources as a result of the proposed Project. However, due to the potential to impact future unknown historic resources, the proposed Project could contribute to a significant cumulative impact on such resources. Additionally, it is anticipated that other cumulative projects would similarly be required to comply with all applicable existing regulations, procedures, and policies that are intended to address cultural resources impacts. Therefore, the proposed Project’s contribution to cultural resource impacts is considered cumulatively considerable, and cumulative cultural resources impacts would be significant.

Therefore, compliance with Mitigation Measures in this Chapter would reduce the impact to a less-thansignificant level.

Significance With Mitigation: Less than significant.

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PLACEWORKS 4.6-1

4.6 GEOLOGY AND SOILS
This section describes the regulatory framework and existing conditions in the Plan Area related to geology and soils, and the potential impacts resulting from implementation of the proposed Plan.

The information in this Section is based in part on the following documents:
 Geologic Hazards Investigation, Fresno General Plan, City and Sphere of Influence, Fresno, Fresno County, California. Prepared by Krazan and Associates, Inc., June 12, 2012. This document is available at https://www.fresno.gov/darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-HazardsInvestigation.pdf.  Fresno County Multi-Hazard Mitigation Plan. County of Fresno, January 2009.

4.6.1 ENVIRONMENTAL SETTING

4.6.1.1 REGULATORY FRAMEWORK
State Regulations
California Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act (California Public Resources Code Sections 2621 et seq.) requires the state geologist to delineate earthquake fault zones along faults that are “sufficiently active” and “well defined.” The act requires that cities and counties withhold development permits for a site in an earthquake fault zone until geologic investigations demonstrate that the site is not threatened by surface displacements from future faulting. An active fault is one showing expression of surface rupture within the last 11,000 years. Pursuant to this act, structures for human occupancy are not allowed within 50 feet of the trace of an active fault.

Seismic Hazard Mapping Act
The Seismic Hazard Mapping Act (SHMA) was adopted by the State in 1990 to protect the public from the effects of non-surface fault rupture earthquake hazards, including strong ground shaking, liquefaction, seismically induced landslides, or other ground failure caused by earthquakes. The goal of the act is to minimize loss of life and property by identifying and mitigating seismic hazards. The California Geological Survey prepares seismic hazard zone maps and provides them to local governments; these maps identify areas susceptible to amplified shaking, liquefaction, earthquake-induced landslides, and other ground failures. SHMA requires responsible agencies to only approve projects within seismic hazard zones following a site-specific investigation to determine if the hazard is present, and if so, the inclusion of appropriate mitigation(s). In addition, the SHMA requires real estate sellers and agents at the time of sale to disclose whether a property is within one of the designated seismic hazard zones.

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2016 California Building Code
Current law states that every local agency enforcing building regulations, such as cities and counties, must adopt the provisions of the California Building Code (CBC) within 180 days of its publication. The publication date of the CBC is established by the California Building Standards Commission, and the code is updated every three years. The CBC is in Title 24, Part 2, of the California Code of Regulations. The most recent building standard adopted by the legislature and used throughout the state is the 2016 CBC, which took effect on January 1, 2017. Local jurisdictions may add amendments based on local geographic, topographic, or climatic conditions. These codes provide minimum standards to protect property and people by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions.

The CBC’s provisions for earthquake safety are based on factors such as occupancy type, the types of soil and rock on-site, and the strength of ground motion with a specified probability at the site.

California Building Code Section 1802 (Requirements for Geotechnical Investigations) Requirements for geotechnical investigations for subdivisions requiring tentative and final maps and for other types of structures are in California Health and Safety Code, Sections 17953 to 17955, and in Section 1802 of the CBC. Testing of samples from subsurface investigations is required, such as from borings or test pits. Studies must be done as needed to evaluate slope stability, soil strength, position, and adequacy of load-bearing soils, the effect of moisture variation on load-bearing capacity, compressibility, liquefaction, differential settlement, and expansiveness.

Local Regulations
City of Fresno Building Code
The City of Fresno has incorporated and adopted the 2016 CBC with the City's amendments as Municipal Code Section 11- 102, referred to as the Fresno Building Code.

A preliminary soils report is required under Municipal Code Section 12-1022 for every subdivision for which a final map is required. Grading and erosion control requirements are set forth in Section 12-1023.

Fresno General Plan
The Fresno General Plan is the City's primary policy planning document. Through its 12 elements, the General Plan provides the framework for the management and utilization of the City's physical, economic, and human resources. Each element contains goals, policies, and implementation measures that guide development within the City.

The Fresno General Plan includes the following objectives and policies that pertain to geology and soils (Table 4.6-1).

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TABLE 4.6-1 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO GEOLOGY AND SOILS Objective/
Policy
Number Objective/Policy Text
Noise and Safety
Objective 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.

Public Utilities and Services
Objective PU-5 Preserve groundwater quality and ensure that the health and safety of the entire Fresno community is not impaired by use of private, on-site disposal systems.

Policy PU-5-a
Mandatory Septic Conversion. Continue to evaluate and pursue where determined appropriate the mandatory abatement of existing private wastewater disposal (septic) systems and mandatory connection to the public sewage collection and disposal system.

Policy PU-5-b
Non-Regional Treatment. Discourage, and when determined appropriate, oppose the use of private wastewater (septic) disposal systems, community wastewater disposal systems, or other nonregional sewage treatment and disposal systems within or adjacent to the Metropolitan Area if these types of wastewater treatment facilities would cause discharges that could result in groundwater degradation.

4.6.1.2 EXISTING CONDITIONS
Regional Geology
The Plan Area is in the Great Valley Geomorphic Province, which is about 400 miles long and 50 miles wide. The site is in the San Joaquin Valley, the southerly of two large valleys comprising the province; the Sacramento Valley is the northerly. The San Joaquin Valley is surrounded by the Sierra Nevada to the east, the Coast Ranges to the west, the Tehachapi Mountains to the south, and the Sacramento Valley to the north.1 The Fresno Metropolitan area is set on gently southwest-sloping alluvial fans and plains formed by the San Joaquin and Kings rivers.2
1 California Geological Survey (CGS). 2002, December. Note 36: California Geomorphic Provinces. http://www.conservation.ca.gov/cgs/information/publications/cgs_notes/Pages/index.aspx. 2 City of Fresno, 2014. Master Environmental Impact Report General Plan and Development Code Update City of Fresno, Fresno County, California, Section 5.6, Geology and Soils, July 22. https://www.fresno.gov/darm/wpcontent/uploads/sites/10/2016/11/Sec-05-06-Geo-Fresno-MEIR.pdf, accessed July 11, 2017.

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Faulting
No active faults are mapped within the City of Fresno.3 Active faults are those showing evidence of surface displacement within the last 11,000 years.4 The nearest fault to the Plan Area mapped by the California Geological Survey (CGS) is the Clovis Fault about 13.5 miles to the northeast (see Figure 4.6-1).

The Clovis Fault is mapped as pre-Quaternary in age—that is, older than 1.6 million years, and is not considered an active fault. The nearest active faults to the Plan Area mapped by the CGS are the Nunez Fault about 50 miles to the southwest; the San Andreas Fault about 65 miles to the southwest; and the Ortigalita Fault Zone about 59 miles to the west. The Sierra Nevada Fault Zone is about 83 miles east of the Plan Area in the eastern slopes of the Sierra Nevada, and the Owens Valley Fault Zone is about 91 miles east of the Plan Area in the Owens Valley. The Sierra Nevada and Owens Valley fault zones are both considered active (see Figure 4.6-1).
5,6
The nearest Alquist-Priolo Earthquake Fault Zone to the Plan Area is along the Nunez Fault about 50 miles to the southwest.7
Plan Area Geology
The Plan Area has a southwest slope of about 0.1 percent grade; elevations on-site range from about 283 feet above mean sea level (amsl) at the east site boundary to 263 feet amsl at the southwest corner of the site.

The site is underlain by two types of sediments:
 Recent Great Valley river deposits of Modesto Formation granitic sand and silt deposited by rivers and streams emerging from highlands surrounding the Great Valley (that is, the Sierra Nevada, regarding the Plan Area).8 These sediments are mapped as Quaternary in age, that is, within the last approximately 2.59 million years.9

3 City of Fresno, 2014. Master Environmental Impact Report General Plan and Development Code Update City of Fresno, Fresno County, California, Section 5.6, Geology and Soils, July 22. https://www.fresno.gov/darm/wpcontent/uploads/sites/10/2016/11/Sec-05-06-Geo-Fresno-MEIR.pdf, accessed July 11, 2017. 4 California Geological Survey, 2017a. Alquist-Priolo Earthquake Fault Zoning Act, http://www.conservation.ca.gov/ cgs/rghm/ap/pages/main.aspx, accessed July 11, 2017. 5 California Geological Survey (CGS), 2016. Fault Activity Map of California (2010), August 18, http://maps.conservation.ca.gov/cgs/fam/, accessed July 11, 2017. 6 The Sierra Nevada and Owens Valley fault zones are each complex assemblages of fault traces; thus, the distances stated here are rough approximations. 7 California Geological Survey (CGS), 1985. Special Studies Zones Map Alcalde Hills Quadrangle, http://gmw.conservation.ca.gov/SHP/EZRIM/Maps/ALCALDE_HLLS.PDF, accessed July 12, 2017. 8 California Geological Survey (CGS), 1965. Fresno Sheet, Geologic Map of California, ftp://ftp.consrv.ca.gov/pub/ dmg/pubs/gam/GAM_005_Fresno/GAM_005_Explanation_1965.pdf, accessed July 11, 2017. 9 US Geological Survey (USGS), 2013. Divisions of Geologic Time, January 9, http://pubs.usgs.gov/fs/2007/3015/, accessed July 11, 2017.

Selma
Tulare
Dinuba
Sanger
Fresno
Clovis
Madera
Visalia
Reedley
Corcoran
Figure 4.6.1
Fault Map
Source: California Geological Survey, 2016; PlaceWorks, 2017.

CLIENT NAME (CENTURY GOTHIC, 12 PT)
PROJECT NAME (CENTURY GOTHIC, 12 PT)
0 10 20 5
Miles
%&'(5
Æþ101
·|}þ152
·|}þ41
%&'(5
·|}þ152
Fault Classification
Recency of Movement
Historic
Holocene
Late Quaternary
Quaternary
Quaternary Faults
Pre-Quaternary Faults
Southwest Fresno SP Boundary
San Andreas Fault
Ortigalita Fault
Nunez Fault
Sierra
Nevada Fault Zone
Clovis Fault
Owe
n
s
Valley
Fault Zon
Selma e
Tulare
Dinuba
Sanger
Fresno
Clovis
Madera
Visalia
Reedley
Corcoran
Figure 4.6.1
Fault Map
Source: California Geological Survey, 2016; PlaceWorks, 2017.

CLIENT NAME (CENTURY GOTHIC, 12 PT)
PROJECT NAME (CENTURY GOTHIC, 12 PT)
0 5 10 20
Miles
%&'(5
Æþ101
·|}þ152
·|}þ41
%&'(5
·|}þ152
Fault Classification
Recency of Movement
Historic
Holocene
Late Quaternary
Quaternary
Quaternary Faults
Pre-Quaternary Faults
Southwest Fresno SP Boundary
San Andreas Fault
Ortigalita Fault
Nunez Fault
Sierra
Nevada Fault Zone
Clovis Fault
Owe
n
s
Valley
Fault Zone
Figure 4.6-1
Fault Map
Source: California Geological Survey, 2016; PlaceWorks, 2017.

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 Pleistocene non-marine sedimentary deposits of Riverbank Formation granitic sand, silt, and clay in the San Joaquin Valley.10 The Pleistocene Epoch extends from about 11,700 to approximately 2.59 million years before present (ybp) (see Figure 4.6-2).11 Subsurface Soils in the Fresno Region
Based on the experience of Krazan and Associates, who prepared the Geologic Hazards Investigation for the 2025 Fresno General Plan, approximately the uppermost 6 to 12 inches of soils in the Fresno region are very loose silty sand, silty sand with trace clay, sandy silt, clayey sand, or clayey gravel. These soils are disturbed, have low strength characteristics, and are highly compressible when saturated.

Between approximately 2 to 4 feet below ground surface (bgs), soils are generally loose/soft to very dense/hard clays, silts, sands, and gravels. These soils are typically moderately strong and slightly to moderately compressible.

Below 3 to 5 feet bgs, soils generally consist of clays, silts, sands, and gravels. These soils are typically moderately strong and slightly compressible.12
Geologic Hazards
The following description of geologic hazards is based partly on the geological hazards investigation prepared for the Fresno General Plan by Krazan and Associates in 2012. The information presented here is a region-wide summary only and is not indicative of conditions on any development site. Site-specific geotechnical investigations would be required for each development project considered for approval under the proposed Plan.

Strong Ground Shaking
The peak ground acceleration with a 2 percent probability of exceedance in 50 years—that is, an average return period of 2,475 years—ranges from approximately 0.320g on the northeast site boundary to

0.321g at the southeast corner of the site to 0.328g at the northwest corner of the site; g is the acceleration of gravity.13
Ground acceleration of 0.328g correlates with intensity VII on the Modified Mercalli Intensity (MMI) Scale, a subjective scale of how earthquakes are felt by people and the effects of earthquakes on buildings.14 The
10 California Geological Survey (CGS), 1965. Fresno Sheet, Geologic Map of California, ftp://ftp.consrv.ca.gov/pub/dmg/pubs/gam/GAM_005_Fresno/GAM_005_Explanation_1965.pdf, accessed July 11, 2017. 11 US Geological Survey (USGS), 2013. Divisions of Geologic Time, January 9, http://pubs.usgs.gov/fs/2007/3015/. 12 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 13 California Geological Survey (CGS), 2017b. Ground Motion Interpolator, http://www.quake.ca.gov/gmaps/ PSHA/psha_interpolator.html, accessed July 11, 2017. 14 Wald, David J., et al., 1999. Relationships Between Peak Ground Acceleration, Peak Ground Velocity, and Modified Mercalli Intensity in California. Earthquake Spectra 15 No. 3.

Figure 4.6-2
Geologic Map
Source: California Geological Survey, 1965.

Downtown
Fresno
Qf Granitic sand and silt of Quaternary age – within the last approximately 2.59 million years Qc Granitic sand, silt, and clay of Pleistocene age – from about 11,700 years before present (ybp) to about 2.59 million ybp

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MMI Scale is a 12-point scale where Intensity I earthquakes are generally not felt by people and Intensity XII earthquakes result in total damage with objects thrown into the air. In an intensity VII earthquake, some chimneys are broken and damage is negligible in buildings of good design and construction, is slight to moderate in well-built ordinary structures, and considerable in poorly built or badly designed structures.15
The Fresno region has historically been subject to low to moderate ground shaking. Two of the historic earthquakes that caused ground shaking in the region, the Owens Valley Earthquake of 1872 and the Coalinga Earthquake of 1983, each generated ground shaking of intensity VII in the region.16 The Geologic Hazards Investigation prepared for the Fresno General Plan includes estimated ranges of seismic parameters pursuant to the CBC; seismic parameters must be calculated for each development project.17
Liquefaction
Liquefaction refers to loose, saturated sand or silt deposits that behave as a liquid and lose their loadsupporting capability when strongly shaken. Loose granular soils and silts that are saturated by relatively shallow groundwater are susceptible to liquefaction.

Soils in the Fresno region range from gravel to sand to silt to clay. Shallow soils—especially within 1 foot of the ground surface— are highly compressible; deeper soils—over 3 to 5 feet bgs—are typically moderately strong and slightly compressible.
18 In spring 2017, the depth to groundwater under the site ranged from approximately 90 to 100 feet bgs. 19 Groundwater may be found at much shallower depths—all the way to the surface—next to water bodies such as canals, retention ponds, and lakes.20
Liquefaction potential in the City of Fresno is considered low to moderate. 21 No liquefaction has been
observed in Fresno from any historic earthquake.22
15 US Geological Survey (USGS), 2017. The Modified Mercalli Intensity Scale, http://earthquake.usgs.gov/ learn/topics/mercalli.php, accessed July 11, 2017. 16 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update. https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 17 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update. https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 18 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update. https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 19 Department of Water Resources, 2017. Groundwater Information Center Map Interactive Map Application, https://gis.water.ca.gov/app/gicima/, accessed July 11, 2017. 20 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 21 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 22 County of Fresno, 2009. Multi-Hazard Mitigation Plan.

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Seismic Ground Settlement
Ground shaking can cause unconsolidated sediments to settle. Due to the nature of the soils underlying the city, and the history of low to moderate ground shaking, seismic settlement is not considered a significant hazard in the region.23
Lateral Spreading
Lateral spreading is the downslope movement of surface sediment due to liquefaction in a subsurface layer. Lateral spreading is not considered a substantial hazard in the region for the same reasons given for seismic ground settlement.24
Landslides
The Plan Area and surroundings are not subject to landslides, as the site slopes to the southwest with an average grade of about 0.1 percent.

Erosion
Erosion is the movement of soil from place to place, and is a natural process. The main natural agents of erosion in the region are wind and flowing water. Erosion can be accelerated dramatically by grounddisturbing activities if effective erosion control measures are not used. Soil can be carried off construction sites or bare land by wind and water, and tracked off construction sites by vehicles. Sediments can increase the turbidity (cloudiness) of water, clog fish gills, reduce spawning habitat, lower survival rates of young aquatic organisms, smother bottom-dwelling organisms, and suppress aquatic vegetation growth.

The Fresno County Multi-Hazard Mitigation Plan identifies two types of areas with moderate to high erosion potential: 1) certain soil types in the Sierra Nevada and foothills (both Sierra Nevada and Coast Ranges) on slopes generally over 30 percent, and 2) certain soil types in the western San Joaquin Valley and the Coast Ranges, both in western Fresno County. The Plan Area is not mapped in an area of moderate to high erosion potential.25
Construction projects 1 acre or larger in area are required to employ construction Best Management Practices (BMPs) —including erosion control BMPs—to minimize pollution of stormwater by construction activity, including pollution with sediment.

Ground Subsidence
The major causes of ground subsidence are the excessive withdrawal of groundwater and the withdrawal of petroleum. The Fresno region is not known to be subject to subsidence hazards. Substantial subsidence 23 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 24 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 25 County of Fresno, 2009. Multi-Hazard Mitigation Plan.

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has occurred elsewhere in the San Joaquin Valley: up to 28 feet in western Fresno County in the western edge of the San Joaquin Valley; more than 12 feet in southwestern Tulare County; and more than 8 feet in Kern County south of Bakersfield.26 Areas of subsidence in Fresno County mapped in the Multi-Hazard Mitigation Plan are in western Fresno County over 20 miles west and southwest from the Plan Area. 27 Collapsible Soils
Collapsible soils shrink upon being wetted and/or being subject to a load. Shallow soils on-site—to depths of at least 3 to 5 feet bgs —are expected to be compressible to varying degrees, with compressibility generally increasing nearer the surface.
28 Expansive Soils
Expansive soils contain substantial amounts of clay that swells when wetted and shrinks when dried; the swelling or shrinking can shift, crack, or break structures built on such soils. Soils underlying the Fresno region consist partly of clays that are considered slightly to moderately expansive.29 The Plan Area is not mapped as having moderate to high expansion potential.30

4.6.2 STANDARDS OF SIGNIFICANCE
The proposed Plan would result in a significant impact to geology and soils if it would:

1. Expose people or structures to 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.) ii) Strong seismic ground shaking.
iii) Seismic-related ground failure, including liquefaction. iv) Landslides.

2. Result in substantial soil erosion or the loss of topsoil.

3. 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.
26 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 27 County of Fresno, 2009. Multi-Hazard Mitigation Plan. 28 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 29 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 30 County of Fresno, 2009. Multi-Hazard Mitigation Plan.

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4. Be located on expansive soil, as defined in Table 18-1B of the Uniform building Code (1994), creating substantial risks to life or property.

5. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water.

4.6.3 IMPACT DISCUSSION
The impact analysis is based partly on the geological hazards investigation prepared for the Fresno General Plan by Krazan and Associates in 2012. That investigation is a region-wide summary only and is not indicative of conditions on any development site. Site-specific geotechnical investigations would be required for each development project considered for approval under the proposed Plan.

GEO-1 Development under the proposed Plan would not subject people or structures to hazards from surface rupture of a known active fault.

Buildout of the proposed Plan would not subject people or structures to hazards from surface rupture of a known active fault. The closest known active fault to the Plan Area is the Nunez Fault about 50 miles to the southwest; the nearest Alquist-Priolo Earthquake Fault Zone to the site is along the Nunez Fault. No impact would occur due to the distance of the Plan Area from the nearest known active fault.

Significance Without Mitigation: No Impact.

GEO-2 Ground shaking can be expected to occur within the design lifetimes of buildings that would be constructed under the proposed Plan. Such developments would comply with building codes then in effect. Buildout of the proposed Plan would not subject people or structures to substantial hazards from ground shaking.

Ground shaking is likely to occur within the design lifetimes of buildings that would be constructed under the proposed Plan.

There are several active faults within about 90 miles of the Plan Area, including the Nunez Fault about 50 miles to the southwest; the Ortigalita Fault about 59 miles to the west; the San Andreas Fault approximately 65 miles to the southwest; the Sierra Nevada Fault Zone about 83 miles to the east; and the Owens Valley Fault Zone about 91 miles to the east.

The Fresno region has historically been subject to low to moderate ground shaking. Two of the historic earthquakes that caused ground shaking in the region, the Owens Valley Earthquake of 1872 and the Coalinga Earthquake of 1983, each generated ground shaking of Intensity VII in the region.31 31 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017.

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The peak ground acceleration with a 2 percent probability of exceedance in 50 years—that is, an average return period of 2,475 years—ranges from approximately 0.320g on the northeast site boundary to

0.321g at the southeast corner of the site to 0.328g at the northwest corner of the site; g is the acceleration of gravity.32
Developments built under the proposed Plan would be designed and built conforming to CBC seismic safety standards, which are based on factors such as occupancy type, the types of soil and rock on-site, and the strength of ground motion with a specified probability at the site. The CBC is updated on a threeyear cycle; the current 2016 CBC took effect in January 2017.

Geotechnical investigations would be required for certain categories of projects considered for approval under the proposed Plan. Each geotechnical investigation would estimate seismic design parameters for its Plan Area based on site-specific geologic and soil conditions and the types of building occupancies proposed.

Impacts from ground shaking would be less than significant after compliance with the CBC and with seismic design parameters to be estimated in project-specific geotechnical investigations.

Significance Without Mitigation: Less than significant.

GEO-3 Buildout of the proposed Plan would subject people and structures to hazards from seismic-related ground failure including liquefaction.

Liquefaction
Liquefaction refers to loose, saturated sand or silt deposits that behave as a liquid and lose their loadsupporting capability when strongly shaken. Liquefaction potential in the City of Fresno is considered low to moderate.33 No liquefaction from historic earthquakes has been observed in Fresno.34 Buildings constructed under the proposed Plan could be subject to liquefaction. Geotechnical investigations would be required for certain categories of projects approved under the proposed Plan.

Each geotechnical investigation would assess liquefaction potential on its Plan Area; and would provide needed recommendations, such as for foundation design, to minimize hazards arising from liquefaction.

Seismic Ground Settlement
Seismic settlement is not considered a significant hazard in the Fresno region due to the nature of the underlying soils and the history of low to moderate ground shaking. 32 California Geological Survey (CGS), 2017b. Ground Motion Interpolator, http://www.quake.ca.gov/gmaps/PSHA/psha_interpolator.html, accessed July 11, 2017. 33 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 34 County of Fresno, 2009. Multi-Hazard Mitigation Plan.

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Geotechnical investigations for projects developed under the proposed Plan would assess the potential for soil settlement—including seismic settlement—on the affected project sites, and provide needed recommendations to minimize hazards arising from such settlement.

Lateral Spreading
Lateral spreading is the downslope movement of surface sediment due to liquefaction in a subsurface layer. Lateral spreading is not considered a substantial hazard in the Fresno region for the same reasons pertaining to seismic ground settlement.

Geotechnical investigations for projects considered for approval under the proposed Plan would include site-specific assessments of the potential for seismic ground failure, and would provide needed recommendations—such as for remedial grading and/or foundation design—to minimize any ensuing hazards.

Therefore, buildout of the proposed Plan would not subject people and structures to hazards from seismic-related ground failure including liquefaction, and impacts would be less than significant.

Significance Without Mitigation: Less than significant.

GEO-4 The Plan Area and surroundings are nearly level, with a southwest slope of about 0.1 percent grade. Buildout of the proposed Plan would not subject people or structures to landslide hazards.

Implementation of the proposed Plan would not subject people or structures to landslide hazards. The site and surroundings are nearly level, with a southwest slope of about 0.1 percent grade; and thus are not subject to landslides. No impact would occur.

Significance Without Mitigation: No Impact.

GEO-5 Construction projects under the proposed Plan would disturb and expose large amounts of soil, thus dramatically increasing the potential for soil erosion on-site. Construction projects 1 acre or larger would be required to use Best Management Practices (BMPs) to minimize erosion from the site.

Construction of projects approved under the proposed Plan would greatly increase the potential for soil erosion on-site through disturbing and exposing large amounts of soil.

Construction projects of 1 acre or more would be required to comply with the General Construction Permit, Order No. 2012-0006-DWQ, issued by the State Water Resources Control Board (SWRCB) in 2012.

Projects obtain coverage by developing and implementing a Storm Water Pollution Prevention Plan (SWPPP) estimating sediment risk from construction activities to receiving waters, and specifying BMPs

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that would be used by the project to minimize pollution of stormwater. There are several categories of construction BMPs. The following four categories of construction BMPs are relevant to erosion control:
 Erosion Controls: Cover and/or bind soil surface, to prevent soil particles from being detached and transported by water or wind. Examples include mulch, geotextiles, mats, hydroseeding, earth dikes, and swales.
 Sediment Controls: Filter out soil particles that have been detached and transported in water.

Examples include barriers such as straw bales, sandbags, fiber rolls, and gravel bag berms; desilting basin; and cleaning measures such as street sweeping.
 Tracking Controls: Minimize the tracking of soil off-site by vehicles. Examples include stabilized construction roadways and construction entrances/exits, and entrance/outlet tire wash.  Waste Management and Controls (housekeeping): Management of materials and wastes to avoid contamination of stormwater. Examples include spill prevention and control, stockpile management, and management of solid wastes and hazardous wastes.
35 Construction-related impacts would be less than significant.

Significance Without Mitigation: Less than significant.

GEO-6 Buildout of the proposed Plan would not subject people or structures to substantial hazards from ground subsidence.

The Fresno region is not known to be subject to subsidence hazards.36 Buildout of the proposed Plan would not expose people or structures to substantial hazards from ground subsidence, and impacts would be less than significant.

Significance Without Mitigation: Less than significant.

GEO-7 Shallow site soils are expected to be compressible and unsuitable for supporting structures for human occupancy. Implementation of the proposed Plan could pose hazards to people and structures arising from compressible soils.

Collapsible soils shrink upon being wetted and/or being subject to a load. Shallow soils on-site—to depths of at least 3 to 5 feet bgs—are expected to be compressible to varying degrees, with compressibility generally greater nearer the surface.37
35 California Stormwater Quality Association (CASQA), 2003. Stormwater Best Management Practice Handbook:

Construction, January. 36 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017.

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Applicants for certain categories of projects would be required to have geotechnical studies conducted for their projects before the City of Fresno would issue building permits for those projects. Each geotechnical study would evaluate whether site soils were suitable for supporting the proposed structures. Each project applicant would be required to comply with the recommendations of the applicable geotechnical investigation report. Such reports usually conclude that at least the top few feet of soil are unsuited for supporting structures, and recommend removing such soils and replacing them with engineered, moistened, and compacted fill soils. Therefore, buildout of the proposed Plan would not pose hazards to people and structures arising from compressible soils, and impacts would be less than significant.

Significance Without Mitigation: Less than significant.

GEO-8 Expansive soils may be present on-site, and buildout of the proposed Plan could pose hazards to people or structures arising from expansive soils.

Expansive soils contain substantial amounts of clay that swells when wetted and shrinks when dried; the swelling or shrinking can shift, crack, or break structures built on such soils. Soils underlying the Fresno region consist partly of clays that are considered slightly to moderately expansive.38 The Plan Area is not mapped as having moderate to high expansion potential.39 Development of projects under the proposed Plan could expose people or structures to hazards arising from expansive soils.

Geotechnical investigations would be required for certain categories of projects approved under the proposed Plan. Each such investigation would include testing of subsurface soil samples for expansion potential, and would provide recommendations for minimizing any identified hazards related to expansive soils. Developers would be required to comply with recommendations in geotechnical investigation reports for affected projects. Therefore, buildout of the proposed Plan would not pose hazards to people and structures arising from expansive soils, and impacts would be less than significant.

Significance Without Mitigation: Less than significant.

GEO-9 Buildout of the proposed Plan would not add land uses to the Plan Area relying on septic tanks or other alternative wastewater disposal systems, and thus would have a less-than-significant impact respecting soils incapable of supporting such systems.
37 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 38 Krazan and Associates, Inc., 2012. Geologic Hazards Investigation, Fresno General Plan Update, https://www.fresno.gov/ darm/wp-content/uploads/sites/10/2016/11/E-1-Geologic-Hazards-Investigation.pdf, accessed July 11, 2017. 39 County of Fresno, 2009. Multi-Hazard Mitigation Plan.

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The proposed Plan includes several proposed sewer improvements, and would require developers to build, or contribute toward design and construction, of sewers sufficient to convey wastewater generation at buildout of the proposed Plan. Implementation of the proposed Plan would not add land uses relying on septic tanks or other alternative wastewater disposal systems. Thus, buildout of the proposed Plan would have a less-than-significant impact respecting soils incapable of supporting septic tanks or other alternative wastewater disposal systems.

Significance Without Mitigation: Less than significant.

4.6.4 CUMULATIVE IMPACTS
GEO-10 No significant cumulative impacts to geology and soils are anticipated, and impacts of buildout of the proposed Plan would not be cumulatively considerable.

The area considered for cumulative impacts to geology and soils is the City of Fresno and its SOI, the area studied by the Geological Hazards Investigation used in this Section.

Due to the site-specific nature of geological conditions (i.e., soils, geological features, seismic features, etc.), geology and soils impacts are typically assessed on a project-by-project basis, rather than on a cumulative basis.

Seismic hazards affecting other projects are expected to be moderate due to the low to moderate historic ground shaking in the region, and the distance to known active faults. Other projects would comply with CBC seismic safety requirements, and would have project-specific geotechnical investigations conducted and comply with recommendations in the reports of such investigations. The region bears little to no susceptibility to some seismic hazards: to surface rupture of a known active fault due to the lack of such faults in the region; and to seismic ground settlement and lateral spreading due to the nature of the soils underlying the city and the history of low to moderate ground shaking.

Preparation of geotechnical investigation reports and compliance with recommendations in such reports would also minimize other geologic hazards, such as ground subsidence, collapsible soils, and expansive soils, for other projects. Therefore, buildout of the proposed Plan would result in a less-than-significant cumulative impact.

Significance Without Mitigation: Less than significant.

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4.7 GREENHOUSE GAS EMISSIONS
This chapter evaluates the potential for land use changes associated with adopting and implementing the Southwest Fresno Specific Plan (proposed Plan) to cumulatively contribute to greenhouse gas (GHG) emissions. Because no single project is large enough individually to result in a measurable increase in global concentrations of GHG emissions, climate change impacts of a project are considered on a cumulative basis. This analysis is based on the methodology recommended by the San Joaquin Valley Air Pollution Control District (SJVAPCD). GHG emissions are based on average daily trip (ADT) generation and vehicle miles traveled (VMT) data provided by Fehr and Peers for the on-road transportation emissions section (see Appendix G). The GHG emissions modeling is included in Appendix C, Air Quality and Greenhouse Gas Data, of this Draft EIR.

4.7.1 ENVIRONMENTAL SETTING

4.7.1.1 GREENHOUSE GASES AND CLIMATE CHANGE
Scientists have concluded that human activities are contributing to global climate change by adding large amounts of heat-trapping gases, known as GHGs, to the atmosphere. The primary source of these GHGs is fossil fuel use. The Intergovernmental Panel on Climate Change (IPCC) has identified four major GHGs— water vapor, carbon dioxide (CO2), methane (CH4), and ozone (O3)—that are the likely cause of an increase in global average temperatures observed within the 20th and 21st centuries. Other GHGs identified by the IPCC that contribute to global warming to a lesser extent are nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons, perfluorocarbons, and chlorofluorocarbons.1,2,3 The major GHGs are briefly described below.
 Carbon dioxide (CO2) enters the atmosphere through the burning of fossil fuels (oil, natural gas, and coal), solid waste, trees and wood products, and respiration, and also as a result of other chemical reactions (e.g., manufacture of cement). Carbon dioxide is removed from the atmosphere (sequestered) when it is absorbed by plants as part of the biological carbon cycle. 1 Water vapor (H2O) is the strongest GHG and the most variable in its phases (vapor, cloud droplets, ice crystals). However, water vapor is not considered a pollutant, because it is considered part of the feedback loop rather than a primary cause of change. 2 Black carbon contributes to climate change both directly, by absorbing sunlight, and indirectly, by depositing on snow (making it melt faster) and by interacting with clouds and affecting cloud formation. Black carbon is the most strongly lightabsorbing component of particulate matter (PM) emitted from burning fuels such as coal, diesel, and biomass. Reducing black carbon emissions globally can have immediate economic, climate, and public health benefits. California has been an international leader in reducing emissions of black carbon, with close to 95 percent control expected by 2020 due to existing programs that target reducing PM from diesel engines and burning activities (California Air Resources Board. 2017, March 14. Final Proposed Short-Lived Climate Pollutant Reduction Strategy. https://www.arb.ca.gov/cc/shortlived/shortlived.htm). However, state and national GHG inventories do not include black carbon yet due to ongoing work resolving the precise global warming potential of black carbon. Guidance for CEQA documents does not yet include black carbon. 3 Intergovernmental Panel on Climate Change (IPCC). 2001. Third Assessment Report: Climate Change 2001. New York:

Cambridge University Press.

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 Methane (CH4) is emitted during the production and transport of coal, natural gas, and oil. Methane emissions also result from livestock and other agricultural practices and from the decay of organic waste in municipal landfills and water treatment facilities.  Nitrous oxide (N2O) is emitted during agricultural and industrial activities as well as during the combustion of fossil fuels and solid waste.
 Fluorinated gases are synthetic, strong GHGs that are emitted from a variety of industrial processes.

Fluorinated gases are sometimes used as substitutes for ozone-depleting substances. These gases are typically emitted in smaller quantities, but because they are potent GHGs, they are sometimes referred to as high global-warming-potential (GWP) gases.  Chlorofluorocarbons (CFCs) are GHGs covered under the 1987 Montreal Protocol and used for refrigeration, air conditioning, packaging, insulation, solvents, or aerosol propellants. Since they are not destroyed in the lower atmosphere (troposphere, stratosphere), CFCs drift into the upper atmosphere where, given suitable conditions, they break down the ozone layer. These gases are therefore being replaced by other compounds that are GHGs covered under the Kyoto Protocol.  Perfluorocarbons (PFCs) are a group of human-made chemicals composed of carbon and fluorine only. These chemicals (predominantly perfluoromethane [CF4] and perfluoroethane [C2F6]) were introduced as alternatives, along with hydrofluorocarbons (HFCs), to ozone-depleting substances.

In addition, PFCs are emitted as by-products of industrial processes and are used in manufacturing. PFCs do not harm the stratospheric ozone layer, but they have a high GWP.  Sulfur Hexafluoride (SF6) is a colorless gas soluble in alcohol and ether, and slightly soluble in water.

SF6 is a strong GHG used primarily in electrical transmission and distribution systems as an insulator.
 Hydrochlorofluorocarbons (HCFCs) contain hydrogen, fluorine, chlorine, and carbon atoms.

Although they are ozone-depleting substances, they are less potent than CFCs. They have been introduced as temporary replacements for CFCs.
 Hydrofluorocarbons (HFCs) contain only hydrogen, fluorine, and carbon atoms. They were introduced as alternatives to ozone-depleting substances to serve many industrial, commercial, and personal needs. HFCs are emitted as by-products of industrial processes and are also used in manufacturing. They do not significantly deplete the stratospheric ozone layer, but they are strong GHGs.4,5
GHGs are dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. Some GHGs have a stronger greenhouse effect than others. These are referred to as high GWP gases. The GWP of GHG emissions are shown in Table 4.7-1. The GWP is used to convert GHGs to CO2-equivalence (CO2e) to show the relative potential that different GHGs have to retain infrared radiation in the atmosphere and contribute to the greenhouse effect. For example, under IPCC’s Fourth Assessment Report (AR4) GWP 4 Intergovernmental Panel on Climate Change (IPCC). 1996. Second Assessment Report: Climate Change 1995. 5 United States Environmental Protection Agency (EPA), 2017. Greenhouse Gas Emissions, http://www.epa.gov/climatechange/ghgemissions/gases.html.

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TABLE 4.7-1 GHG EMISSIONS AND THEIR RELATIVE GLOBAL WARMING POTENTIAL COMPARED TO CO2 GHGs
Second Assessment
Report Atmospheric
Lifetime (Years)
Fourth
Assessment
Report
Atmospheric
Lifetime (Years)
Second
Assessment
Report Global
Warming
Potential
Relative to CO2
a
Fourth
Assessment
Report Global
Warming
Potential
Relative to CO2
a
Carbon Dioxide (CO2) 50 to 200 50 to 200 1 1
Methaneb (CH4) 12 (±3) 12 21 25
Nitrous Oxide (N20) 120 114 310 298
Hyrofluorocarbons
HFC-23 264 270 11,700 14,800
HFC-32 5.6 4.9 650 675
HFC-125 32.6 29 2,800 3,500
HFC-134a 14.6 14 1,300 1,430
HFC-143a 48.3 52 3,800 4,470
HFC-152a 1.5 1.4 140 124
HFC-227ea 36.5 34.2 2,900 3,220
HFC-236fa 209 240 6,300 9,810
HFC-4130mee 17.1 15.9 1,300 1,030
Perfluoromethane: CF4 50,000 50,000 6,500 7,390
Perfluoroethane: C2F6 10,000 10,000 9,200 12,200
Perfluorobutane: C4F10 2,600 NA 7,000 8,860
Perfluoro-2-methylpentane: C6F14 3,200 NA 7,400 9,300
Sulfur Hexafluoride (SF6) 3,200 NA 23,900 22,800
Note: The IPCC has published updated global warming potential (GWP) values in its Fifth Assessment Report that reflect new information on atmospheric lifetimes of GHGs and an improved calculation of the radiative forcing of CO2.( Intergovernmental Panel on Climate Change, 2013. Fifth Assessment Report: Climate Change 2013, New York: Cambridge University Press.) The 2014 Scoping Plan Update was based on the GWP values in the Fourth Assessment Report.
a. Based on 100-year time horizon of the GWP of the air pollutant compared to CO2. b. The methane GWP includes direct effects and indirect effects due to the production of tropospheric ozone and stratospheric water vapor. The indirect effect due to the production of CO2 is not included.

Source: Intergovernmental Panel on Climate Change. 1996. Second Assessment Report: Climate Change 1995; Intergovernmental Panel on Climate Change. 2007. Fourth Assessment Report: Climate Change 2007. New York: Cambridge University Press.

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values for CH4, a project that generates 10 metric tons (MT) of CH4 would be equivalent to 250 MT of CO2.
6 California’s GHG Sources and Relative Contribution
California is the 20th largest GHG emitter in the world and the 2nd largest emitter of GHG emissions in the United States, surpassed only by Texas.7 However, California also has over 12 million more people than Texas. Because of more stringent air emission regulations, in 2014, California ranked third lowest in energy-related carbon emissions per capita.8
In 2016, the Statewide GHG emissions inventory was updated for 2000 to 2014 emissions using the AR4 GWPs.9 Based on these GWPs, California produced 442 million metric tons (MMT) of CO2e GHG emissions in 2014. California’s transportation sector remains the single largest generator of GHG emissions, producing 36.1 percent of the State’s total emissions; industrial sector emissions made up 21.1 percent, and electric power generation made up 20.0 percent. Other major sectors of GHG emissions include commercial and residential (8.7 percent), agriculture (8.2 percent), high-GWP GHGs (3.9 percent), and recycling and waste (2.0 percent).10
Human Influence on Climate Change
For approximately 1,000 years before the Industrial Revolution, the amount of GHGs in the atmosphere remained relatively constant. During the 20th century, however, scientists observed a rapid change in the climate and the quantity of climate change pollutants in the Earth’s atmosphere that is attributable to human activities. The amount of CO2 in the atmosphere has increased by more than 35 percent since preindustrial times and has increased at an average rate of 1.4 parts per million per year since 1960, mainly due to combustion of fossil fuels and deforestation.11 These recent changes in the quantity and concentration of climate change pollutants far exceed the extremes of the ice ages, and the global mean temperature is warming at a rate that cannot be explained by natural causes alone. Human activities are directly altering the chemical composition of the atmosphere through the buildup of climate change pollutants.12 In the past, gradual changes in the earth’s temperature changed the distribution of species, 6 CO2-equivalence is used to show the relative potential that different GHGs have to retain infrared radiation in the atmosphere and contribute to the greenhouse effect. The global warming potential of a GHG is also dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. 7 California Air Resources Board (CARB), 2014. California Greenhouse Gas Inventory for 2000–2012: By Category as Defined by the Scoping Plan. http://www.arb.ca.gov/cc/inventory/data/data.htm. 8 US Energy Information Administration. 2014. Rankings: Total Carbon Dioxide Emissions 2014. Website accessed on July 3, 2017 at http://www.eia.gov/state/rankings/#/series/226. 9 Methodology for determining the statewide GHG inventory is not the same as the methodology used to determine statewide GHG emissions under Assembly Bill 32 (2006). 10 California Air Resources Board (CARB), 2016. 2016 Edition California Greenhouse Gas Inventory for 2000-2014: By Category as Defined in the 2008 Scoping Plan. http://www.arb.ca.gov/cc/inventory/data/data.htm. 11 Intergovernmental Panel on Climate Change (IPCC), 2007. Fourth Assessment Report: Climate Change 2007. New York:

Cambridge University Press. 12 California Climate Action Team, 2006. Climate Action Team Report to Governor Schwarzenegger and the Legislature.

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availability of water, etc. However, human activities are accelerating this process so that environmental impacts associated with climate change no longer occur in a geologic time frame but within a human lifetime.13
Like the variability in the projections of the expected increase in global surface temperatures, the environmental consequences of gradual changes in the Earth’s temperature are also hard to predict.

Projections of climate change depend heavily upon future human activity. Therefore, climate models are based on different emission scenarios that account for historical trends in emissions and on observations of the climate record that assess the human influence of the trend and projections for extreme weather events. Climate-change scenarios are affected by varying degrees of uncertainty. For example, there are varying degrees of certainty on the magnitude of the trends for:
 Warmer and fewer cold days and nights over most land areas.  Warmer and more frequent hot days and nights over most land areas.  An increase in frequency of warm spells/heat waves over most land areas.  An increase in frequency of heavy precipitation events (or proportion of total rainfall from heavy falls) over most areas.
 Larger areas affected by drought.
 Intense tropical cyclone activity increases.
 Increased incidence of extreme high sea level (excluding tsunamis).

Potential Climate Change Impacts for California
Observed changes over the last several decades across the western United States reveal clear signs of climate change. Statewide average temperatures increased by about 1.7°F from 1895 to 2011, and warming has been greatest in the Sierra Nevada. By 2050, California is projected to warm by approximately 2.7°F above 2000 averages, a threefold increase in the rate of warming over the last century. By 2100, average temperatures could increase from 4.1 to 8.6°F, depending on emissions levels.14 In California and western North America, observations of the climate have shown: 1) a trend toward warmer winter and spring temperatures; 2) a smaller fraction of precipitation falling as snow; 3) a decrease in the amount of spring snow accumulation in the lower and middle elevation mountain zones; 4) a shift in the timing of snowmelt of 5 to 30 days earlier in the spring; and 5) a similar shift (5 to 30 days earlier) in the timing of spring flower blooms.15 According to the California Climate Action Team—a committee of State agency secretaries and the heads of agencies, boards, and departments, led by the Secretary of the California Environmental Protection Agency—even if actions could be taken to 13 Intergovernmental Panel on Climate Change (IPCC), 2007. Fourth Assessment Report: Climate Change 2007. New York:

Cambridge University Press. 14 California Climate Change Center, 2012. Our Changing Climate 2012: Vulnerability and Adaptation to the Increasing Risks from Climate Change in California. 15 California Climate Action Team, 2006. Climate Action Team Report to Governor Schwarzenegger and the Legislature.

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immediately curtail climate change emissions, the potency of emissions that have already built up, their long atmospheric lifetimes (see Table 4.7-1), and the inertia of the Earth’s climate system could produce as much as 0.6°C (1.1°F) of additional warming. Consequently, some impacts from climate change are now considered unavoidable. Global climate change risks to California are shown in Table 4.7-2 and include impacts to public health, water resources, agriculture, coastal sea level, forest and biological resources, and energy impacts.

TABLE 4.7-2 SUMMARY OF GHG EMISSIONS RISKS TO CALIFORNIA Impact Category Potential Risks
Public Health Impacts
Heat waves will be more frequent, hotter, and longer
Fewer extremely cold nights
Poor air quality made worse
Higher temperature increase ground-level ozone levels
Water Resource Impacts
Decreasing Sierra Nevada snow pack
Challenges in securing adequate water supply
Potential reduction in hydropower
Loss of winter recreation
Agricultural Impacts
Increasing temperature
Increasing threats from pests and pathogens
Expanded ranges of agricultural weeds
Declining productivity
Irregular blooms and harvests
Coastal Sea Level Impacts
Accelerated sea level rise
Increasing coastal floods
Shrinking beaches
Worsened impacts on infrastructure
Forest and Biological Resource Impacts
Increased risk and severity of wildfires
Lengthening of the wildfire season
Movement of forest areas
Conversion of forest to grassland
Declining forest productivity
Increasing threats from pest and pathogens
Shifting vegetation and species distribution
Altered timing of migration and mating habits
Loss of sensitive or slow-moving species
Source: California Energy Commission. 2006a. Our Changing Climate: Assessing the Risks to California. 2006 Biennial Report, California Climate Change Center. CEC-500-2006-077; California Energy Commission. 2009, May. The Future Is Now: An Update on Climate Change Science, Impacts, and Response Options for California. CEC-500-2008-0077; California Climate Change Center. 2012, July. Our Changing Climate 2012: Vulnerability and Adaptation to the Increasing Risks from Climate Change in California; California Natural Resources Agency. 2014, July. Safeguarding California: Reducing Climate Risk, An Update to the 2009 California Climate Adaptation Strategy.

Specific climate change impacts that could affect the project include:
 Water Resources Impacts. By late this century, all projections show drying, and half of the projections suggest 30-year average precipitation will decline by more than 10 percent below the historical average. This drying trend is caused by an apparent decline in the frequency of rain and snowfall. Even

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in projections with relatively small or no declines in precipitation, central and southern parts of the State can be expected to be drier from the warming effects alone—the spring snowpack will melt sooner, and the moisture in soils will evaporate during long dry summer months.16  Wildfire Risks. Earlier snowmelt, higher temperatures, and longer dry periods over a longer fire season will directly increase wildfire risk. Indirectly, wildfire risk will also be influenced by potential climaterelated changes in vegetation and ignition potential from lightning. Human activities will continue to be the biggest factor in ignition risk. The number of large fires Statewide is estimated to increase from 58 percent to 128 percent above historical levels by 2085. Under the same emissions scenario, estimated burned area will increase by 57 percent to 169 percent, depending on location.17  Health Impacts. Many of the gravest threats to public health in California stem from the increase of extreme conditions, principally more frequent, more intense, and longer heat waves. Particular concern centers on the increasing tendency for multiple hot days in succession and heat waves occurring simultaneously in several regions throughout the State. Public health could also be affected by climate change impacts on air quality, food production, the amount and quality of water supplies, energy pricing and availability, and the spread of infectious diseases. Higher temperatures also increase ground-level ozone levels. Furthermore, wildfires can increase particulate air pollution in the major air basins of California.18
 Increase Energy Demand. Increases in average temperature and higher frequency of extreme heat events combined with new residential development across the State will drive up the demand for cooling in the increasingly hot and longer summer season and decrease demand for heating in the cooler season. Warmer, drier summers also increase system losses at natural gas plants (reduced efficiency in the electricity generation process at higher temperatures) and hydropower plants (lower reservoir levels). Transmission of electricity will also be affected by climate change. Transmission lines lose 7 percent to 8 percent of transmitting capacity in high temperatures while needing to transport greater loads. This means that more electricity needs to be produced to make up for the loss in capacity and the growing demand.19
16 California Climate Change Center, 2012. Our Changing Climate 2012: Vulnerability and Adaptation to the Increasing Risks from Climate Change in California. 17 California Climate Change Center, 2012. Our Changing Climate 2012: Vulnerability and Adaptation to the Increasing Risks from Climate Change in California. 18 California Climate Change Center, 2012. Our Changing Climate 2012: Vulnerability and Adaptation to the Increasing Risks from Climate Change in California. 19 California Climate Change Center, 2012. Our Changing Climate 2012: Vulnerability and Adaptation to the Increasing Risks from Climate Change in California.

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4.7.1.2 REGULATORY FRAMEWORK
This section describes the federal, State, and local regulations applicable to GHG emissions.

Federal Regulations
The U.S. Environmental Protection Agency (EPA) announced on December 7, 2009, that GHG emissions threaten the public health and welfare of the American people and that GHG emissions from on-road vehicles contribute to that threat. The EPA’s final findings respond to the 2007 U.S. Supreme Court decision that GHG emissions fit within the Clean Air Act definition of air pollutants. The findings did not themselves impose any emission reduction requirements, but allowed the EPA to finalize the GHG standards proposed in 2009 for new light-duty vehicles as part of the joint rulemaking with the Department of Transportation.20
To regulate GHGs from passenger vehicles, EPA was required to issue an endangerment finding. The finding identifies emissions of six key GHGs—CO2, CH4, N2O, hydrofluorocarbons, perfluorocarbons, and SF6—that have been the subject of scrutiny and intense analysis for decades by scientists in the United States and around the world. The first three are applicable to the project’s GHG emissions inventory because they constitute the majority of GHG emissions and, per San Joaquin Valley Air Pollution Control District (SJVAPCD) guidance, are the GHG emissions that should be evaluated as part of a project’s GHG emissions inventory.

US Mandatory Report Rule for GHGs (2009)
In response to the endangerment finding, the EPA issued the Mandatory Reporting of GHG Rule that requires substantial emitters of GHG emissions (large stationary sources, etc.) to report GHG emissions data. Facilities that emit 25,000 MT or more of CO2e per year are required to submit an annual report.

Update to Corporate Average Fuel Economy Standards (2010/2012) The current Corporate Average Fuel Economy standards (for model years 2011 to 2016) incorporate stricter fuel economy requirements promulgated by the federal government and California into one uniform standard. Additionally, automakers are required to cut GHG emissions in new vehicles by roughly 25 percent by 2016 (resulting in a fleet average of 35.5 miles per gallon by 2016). Rulemaking to adopt these new standards was completed in 2010. California agreed to allow automakers who show compliance with the national program to also be deemed in compliance with State requirements. The federal government issued new standards in 2012 for model years 2017–2025 that will require a fleet average of 54.5 miles per gallon in 2025. However, the EPA is reexamining the 2017–2025 emissions standards.
20 US Environmental Protection Agency (EPA), 2009. EPA: Greenhouse Gases Threaten Public Health and the Environment:

Science overwhelmingly shows greenhouse gas concentrations at unprecedented levels due to human activity. https://yosemite.epa.gov/opa/admpress.nsf/0/08d11a451131bca585257685005bf252.

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EPA Regulation of Stationary Sources under the Clean Air Act (Ongoing) Pursuant to its authority under the Clean Air Act, the EPA has been developing regulations for new stationary sources such as power plants, refineries, and other large sources of emissions. Pursuant to former President Obama’s 2013 Climate Action Plan, the EPA was directed to develop regulations for existing stationary sources also. However, the EPA is reviewing the Clean Power Plan under President Trump’s Energy Independence Executive Order.

State Regulations
Current State of California guidance and goals for reductions in GHG emissions are generally embodied in Executive Order S-03-05 and B-30-15, Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), and SB 375.

Executive Order S-03-05
Executive Order S-03-05, signed June 1, 2005, set the following GHG reduction targets for the State:
 2000 levels by 2010
 1990 levels by 2020
 80 percent below 1990 levels by 2050
Assembly Bill 32, the Global Warming Solutions Act (2006) Current State of California guidance and goals for reductions in GHG emissions are generally embodied in the Global Warming Solutions Act. AB 32 was passed by the California State legislature on August 31, 2006, to place the State on a course toward reducing its contribution of GHG emissions. AB 32 follows the 2020 tier of emissions reduction targets established in Executive Order S-03-05.

CARB 2008 Scoping Plan
The final Scoping Plan was adopted by CARB on December 11, 2008. The 2008 Scoping Plan identified that GHG emissions in California are anticipated to be approximately 596 MMTCO2e in 2020. In December 2007, CARB approved a 2020 emissions limit of 427 MMTCO2e (471 million tons) for the State. 21 In order
to effectively implement the emissions cap, AB 32 directed CARB to establish a mandatory reporting system to track and monitor GHG emissions levels for large stationary sources that generate more than 25,000 MTCO2e per year, prepare a plan demonstrating how the 2020 deadline can be met, and develop appropriate regulations and programs to implement the plan by 2012.

First Update to the Scoping Plan
CARB completed a five-year update to the 2008 Scoping Plan, as required by AB 32. The First Update to the Scoping Plan was adopted at the May 22, 2014, board hearing. The update highlights California’s progress toward meeting the near-term 2020 GHG emission reduction goals defined in the original 2008 21 California Air Resources Board (CARB), 2008. Climate Change Proposed Scoping Plan: A Framework for Change.

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Scoping Plan. As part of the update, CARB recalculated the 1990 GHG emission levels with the updated AR4 GWPs, and the 427 MMTCO2e 1990 emissions level and 2020 GHG emissions limit, established in response to AB 32, is slightly higher at 431 MMTCO2e.22 As identified in the Update to the Scoping Plan, California is on track to meeting the goals of AB 32.

However, the update also addresses the State’s longer-term GHG goals within a post-2020 element. The post-2020 element provides a high level view of a long-term strategy for meeting the 2050 GHG goals, including a recommendation for the State to adopt a midterm target. According to the Update to the Scoping Plan, local government reduction targets should chart a reduction trajectory that is consistent with or exceeds the trajectory created by Statewide goals.23 CARB identified that reducing emissions to 80 percent below 1990 levels will require a fundamental shift to efficient, clean energy in every sector of the economy. Progressing toward California’s 2050 climate targets will require significant acceleration of GHG reduction rates. Emissions from 2020 to 2050 will have to decline several times faster than the rate needed to reach the 2020 emissions limit.24
Executive Order B-30-15
Executive Order B-30-15, signed April 29, 2015, sets a goal of reducing GHG emissions within the State to 40 percent of 1990 levels by year 2030. Executive Order B-30-15 also directs CARB to update the Scoping Plan to quantify the 2030 GHG reduction goal for the State and requires State agencies to implement measures to meet the interim 2030 goal as well as the long-term goal for 2050 in Executive Order S-03-

05. It also requires the Natural Resources Agency to conduct triennial updates of the California adaption strategy, Safeguarding California, in order to ensure climate change is accounted for in State planning and investment decisions.

Senate Bill 32 and Assembly Bill 197
In September 2016, Governor Brown signed Senate Bill 32 and Assembly Bill 197 into law, making the Executive Order goal for year 2030 into a Statewide mandated legislative target. AB 197 established a joint legislative committee on climate change policies and requires the CARB to prioritize direction emissions reductions rather than the market-based cap-and-trade program for large stationary, mobile, and other sources.
2017 Climate Change Scoping Plan Update
Executive Order B-30-15 and SB 32 required CARB to prepare another update to the Scoping Plan to address the 2030 target for the State. On January 20, 2017, CARB released the Draft 2017 Climate Change Scoping Plan Update with adoption hearings planned for summer of 2017. The Draft 2017 Climate Change 22 California Air Resources Board (CARB), 2014. First Update to the Climate Change Scoping Plan: Building on the Framework. http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm. 23 California Air Resources Board (CARB), 2014. First Update to the Climate Change Scoping Plan: Building on the Framework. http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm. 24 California Air Resources Board (CARB), 2014. First Update to the Climate Change Scoping Plan: Building on the Framework. http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm.

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Scoping Plan Update includes the potential regulations and programs, including strategies consistent with AB 197 requirements to achieve the 2030 target. The 2017 Scoping Plan establishes a new emissions limit of 260 MMTCO2e for the year 2030, which corresponds to a 40 percent decrease in 1990 levels by 2030.25 California’s climate strategy will require contributions from all sectors of the economy, including the land base, and will include enhanced focus on zero- and near-zero emission (ZE/NZE) vehicle technologies; continued investment in renewables, including solar roofs, wind, and other distributed generation; greater use of low carbon fuels; integrated land conservation and development strategies; coordinated efforts to reduce emissions of short-lived climate pollutants (methane, black carbon, and fluorinated gases); and an increased focus on integrated land use planning to support livable, transit-connected communities and conserve agricultural and other lands. Requirements for direct GHG reductions at refineries will further support air quality co-benefits in neighborhoods, including in disadvantaged communities historically located adjacent to these large stationary sources, as well as efforts with California’s local air pollution control and air quality management districts (air districts) to tighten emission limits on a broad spectrum of industrial sources. Major elements of the 2017 Scoping Plan framework include:
 Implementing and/or increasing the standards of the Mobile Source Strategy, which include increasing ZEV buses and trucks.
 Low Carbon Fuel Standard (LCFS), with an increased stringency (18 percent by 2030).  Implementation of SB 350, which expands the Renewables Portfolio Standard (RPS) to 50 percent RPS and doubles energy efficiency savings by 2030.
 California Sustainable Freight Action Plan, which improves freight system efficiency, utilizes near-zero emissions technology, and deployment of ZEV trucks.
 Implementing the proposed Short-Lived Climate Pollutant Strategy (SLPS), which focuses on reducing methane and hydroflurocarbon emissions by 40 percent and anthropogenic black carbon emissions by 50 percent by year 2030.
 Continued implementation of SB 375.
 Post-2020 Cap-and-Trade Program that includes declining caps.  20 percent reduction in GHG emissions from refineries by 2030.26  Development of a Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink.

In addition to the statewide strategies listed above, the 2017 Scoping Plan also identified local governments as essential partners in achieving the State’s long-term GHG reduction goals and identified local actions to reduce GHG emissions. As part of the recommended actions, CARB recommends that local 25 California Air Resources Board (CARB), 2017. The 2017 Climate Change Scoping Plan Update: The Proposed Strategy for Achieving California’s 2030 Greenhouse Gas Target. https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf. 26 The plan includes policies to require direct GHG reductions at some of the state’s largest stationary sources and mobile sources in accordance with AB 197. These policies include the use of lower GHG fuels, efficiency regulations, and the Cap-andTrade Program, which constrains and reduces emissions at covered sources.

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governments achieve a communitywide goal to achieve emissions of no more than 6 MTCO2e or less per capita by 2030 and 2 MTCO2e or less per capita by 2050. For CEQA projects, CARB States that lead agencies may develop evidenced-based bright-line numeric thresholds—consistent with the Scoping Plan and the State’s long-term GHG goals—and projects with emissions over that amount may be required to incorporate on-site design features and mitigation measures that avoid or minimize project emissions to the degree feasible, or a performance-based metric using a climate action plan or other plan to reduce GHG emissions as appropriate.

The Scoping Plan scenario is set against what is called the business-as-usual (BAU) yardstick—that is, what the GHG emissions would look like if the State did nothing at all beyond the existing policies that are required and already in place to achieve the 2020 limit, as shown in Table 4.7-3. It includes the existing renewables requirements, advanced clean cars, the “10 percent” Low Carbon Fuel Standard (LCFS), and the SB 375 program for more vibrant communities, among others. However, it does not include a range of new policies or measures that have been developed or put into statute over the past two years, Also shown in the table, the known commitments are expected to result in emissions that are 50 MMTCO2e above the target in 2030. In order to make up the difference, a new Post- 2020 Cap-and-Trade Program and refinery measure are key components of the 2017 Scoping Plan.

TABLE 4.7-3 2017 CLIMATE CHANGE SCOPING PLAN EMISSIONS REDUCTIONS GAP TO ACHIEVE THE 2030 GHG TARGET Modeling Scenario 2030 GHG Emissions MMTCO2e
Reference Scenario (Business-as-Usual) 392
With Known Contaminants 310
2030 GHG Target 260
Source: California Air Resources Board. 2017, January 20. The 2017 Climate Change Scoping Plan Update: The Proposed Strategy for Achieving California’s 2030 Greenhouse Gas Target. https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf.

Table 4.7-4 provides estimated GHG emissions by sector at 1990 levels, and the range of emissions for each sector estimated for 2030.

Senate Bill 1383
On September 19, 2016, the Governor signed SB 1383 to supplement the GHG reduction strategies in the Scoping Plan to consider short-lived climate pollutants, including black carbon and CH4. Black carbon is the light-absorbing component of fine particulate matter produced during incomplete combustion of fuels.

SB 1383 requires the State board, no later than January 1, 2018, to approve and begin implementing that comprehensive strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030, as specified. The bill also establishes targets for reducing organic waste in landfill. On March 14, 2017, CARB adopted the “Final Proposed Short-Lived Climate Pollutant

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TABLE 4.7-4 2017 CLIMATE CHANGE SCOPING PLAN EMISSIONS REDUCTIONS CHANGE BY SECTOR TO ACHIEVE THE 2030 TARGET
Scoping Plan Sector
1990
MMTCO2e
2030 Proposed Plan
Ranges MMTCO2e
Percent Change
from 1990
Agricultural 26 24-25 -4% to -8%
Residential and Commercial 44 38–40 -9% to -14%
Electric Power 108 42–62 -43% to -61%
High GWP 3 8–11 167% to 267%
Industrial 98 77–87 -11% to -21%
Recycling and Waste 7 8–9 14% to 29%
Transportation (including TCU) 152 103–111 -27% to -32% Net Sinka -7 TBD TBD
Sub Total 431 300–345 -20% to -30%
Cap-and-Trade Program NA 40–85 NA
Total 431 260 -40%
Notes: TCU = Transportation, Communications, and Utilities; TBD: To Be Determined. a.Work is underway through 2017 to estimate the range of potential sequestration benefits from the natural and working lands sector.

Source: California Air Resources Board. 2017, January 20. The 2017 Climate Change Scoping Plan Update: The Proposed Strategy for Achieving California’s 2030 Greenhouse Gas Target. https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf.

Strategy,” which identifies the State’s approach to reducing anthropogenic and biogenic sources of shortlived climate pollutants. Anthropogenic sources of black carbon include on- and off-road transportation, residential wood burning, fuel combustion (charbroiling), and industrial processes. According to CARB, ambient levels of black carbon in California are 90 percent lower than in the early 1960s despite the tripling of diesel fuel use.27 In-use on-road rules are expected to reduce black carbon emissions from onroad sources by 80 percent between 2000 and 2020.

Senate Bill 375
In 2008, SB 375 was adopted to achieve the GHG reduction targets in the Scoping Plan for the transportation sector through local land use decisions that affect travel behavior. Implementation is intended to reduce VMT and GHG emissions from light-duty trucks and automobiles (excludes emissions associated with goods movement) by aligning regional long-range transportation plans, investments, and housing allocations with local land use planning. Specifically, SB 375 requires CARB to establish GHG 27 California Air Resources Board (CARB). 2017, March 14. Final Proposed Short-Lived Climate Pollutant Reduction Strategy. https://www.arb.ca.gov/cc/shortlived/shortlived.htm.

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emissions reduction targets for each of the 18 metropolitan planning organizations (MPO). Pursuant to the recommendations of the Regional Transportation Advisory Committee, CARB adopted per capita reduction targets for each of the MPOs rather than a total magnitude reduction target. SB 375 requires CARB to periodically update the targets, no later than every 8 years. CARB plans to propose updated targets for consideration in 2016, with the intent to make them effective in 2018. Sustainable communities strategies (SCS) adopted in 2018 would be subject to the updated targets.28 The Fresno Council of Governments (Fresno COG) is the MPO for the County of Fresno and the City of Fresno. In September 2010, CARB set per capita GHG emissions reduction targets for 2020 and 2035 for the MPOs, except the MPOs in the San Joaquin Valley region (which includes Fresno COG). CARB identified a provisional target for the entire San Joaquin Valley region because the eight MPOs in the San Joaquin Valley region are anticipated to absorb 22 percent of California’s population growth. On December 14, 2012, CARB adopted a target recommendation for the eight MPOs in the San Joaquin Valley on an aggregate, valleywide basis—5 percent per capita GHG reduction in 2020 from 2005 levels and a 10 percent per capita GHG reduction in 2035 from 2005 levels. Therefore, an individual target is not proposed for Fresno COG.29
The 2020 targets are smaller than the 2035 targets because a significant portion of the built environment in 2020 has been defined by decisions that have already been made. In general, the 2020 scenarios reflect that more time is needed for large land use and transportation infrastructure changes. Most of the reductions in the interim are anticipated to come from improving the efficiency of the region's existing transportation network. The targets would result in 3 MMTCO2e of GHG reductions Statewide by 2020 and 15 MMTCO2e of GHG reductions by 2035. Based on these reductions, the passenger vehicle target in CARB's Scoping Plan (for AB 32) would be met.30
CARB is currently in the process of updating the next round of targets and methodology to comply with the requirement that targets are updated every eight years. Considerations for the next round of targets include whether to change the nature or magnitude of the emissions reduction targets for each of the MPOs. Additionally, CARB is also considering whether the target setting methodology should account for advances in technology that reduces emissions. The latter change in methodology would permit cities to account for emissions reductions from advances in cleaner fuels and vehicles and not only from land use and transportation planning strategies. In March 2017, CARB held a series of workshops regarding the SB 375 target update process, and updated targets adopted in 2017 are intended to become effective in 2018. Sustainable communities strategies (SCS) adopted in 2018 would be subject to the updated targets.31
28 California Air Resources Board (CARB), 2015. ARB Process and Schedule for SB 375 Target Update. http://www.arb.ca.gov/cc/sb375/sb375.htm. 29 California Air Resources Board (CARB), 2013. Staff Report Update on Senate Bill 375 Implementation in the San Joaquin Valley. http://www.arb.ca.gov/cc/sb375/finalstaffreport_011513.pdf. 30 California Air Resources Board (CARB), 2010. Proposed Regional Greenhouse Gas Emission Reduction Targets for Automobiles and Light Trucks Pursuant to Senate Bill 375. Staff Report. 31 California Air Resources Board (CARB), 2015. ARB Process and Schedule for SB 375 Target Update. http://www.arb.ca.gov/cc/sb375/sb375.htm.

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Fresno COG 2014–2040 Regional Transportation Plan/Sustainable Community Strategy SB 375 requires the MPOs to prepare a Sustainable Communities Strategy (SCS) in their regional transportation plan. The SCS establishes a development pattern for the region, which, when integrated with the transportation network and other transportation measures and policies, would reduce GHG emissions from transportation (excluding goods movement). The SCS provides growth strategies to achieve the regional GHG emissions reduction targets. It does not require that local general plans, specific plans, or zoning be consistent with the SCS, but provides incentives for consistency. The eight counties of the San Joaquin Valley are coordinating on development of their SCS to maximize resources through the Valley Vision SCS process. However, each MPO is developing a separate SCS. The Fresno COG adopted its 2014-2040 Regional Transportation Plan/Sustainable Community Strategy (RTP/SCS) on June 26, 2014, and CARB approved it on January 15, 2016.32 It is based on the current planning assumptions in the county.

Assembly Bill 1493
California vehicle GHG emission standards were enacted under AB 1493 (Pavley I). Pavley I is a clean-car standard that reduces GHG emissions from new passenger vehicles (light-duty auto to medium-duty vehicles) from 2009 through 2016 and is anticipated to reduce GHG emissions from new passenger vehicles by 30 percent in 2016. California implements the Pavley I standards through a waiver granted to California by the EPA. In 2012, the EPA issued a Final Rulemaking that sets even more stringent fuel economy and GHG emissions standards for model year 2017 through 2025 light-duty vehicles (see also the discussion on the update to the Corporate Average Fuel Economy standards under Federal Laws, above). In January 2012, CARB approved the Advanced Clean Cars program (formerly known as Pavley II) for model years 2017 through 2025. The program combines the control of smog, soot, and global warming gases and requirements for greater numbers of zero-emission vehicles into a single package of standards. Under California’s Advanced Clean Car program, by 2025, new automobiles will emit 34 percent fewer global warming gases and 75 percent fewer smog-forming emissions.

Executive Order S-01-07
On January 18, 2007, the State set a new low carbon fuel standard (LCFS) for transportation fuels sold within the State. Executive Order S-01-07 sets a declining standard for GHG emissions measured in carbon dioxide equivalent gram per unit of fuel energy sold in California. The LCFS requires a reduction of

2.5 percent in the carbon intensity of California’s transportation fuels by 2015 and a reduction of at least 10 percent by 2020. The standard applies to refiners, blenders, producers, and importers of transportation fuels, and would use market-based mechanisms to allow these providers to choose how they reduce emissions during the “fuel cycle” using the most economically feasible methods. 32 Fresno Council of Governments (Fresno COG), 2014. 2014-2040 Regional Transportation Plan & Sustainable Communities Strategy. http://www.fresnocog.org/sites/default/files/publications/RTP/Final_RTP/Fresno_COG_2014_RTP-SCS_Final.pdf.

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Senate Bills 1078, 107, X1-2, and Executive Order S-14-08 A major component of California’s Renewable Energy Program is the RPS established under Senate Bills 1078 (Sher) and 107 (Simitian). Under the RPS, certain retail sellers of electricity were required to increase the amount of renewable energy each year by at least 1 percent in order to reach at least 20 percent by December 30, 2010. Executive Order S-14-08 was signed in November 2008, which expanded the State’s Renewable Energy Standard to 33 percent renewable power by 2020. This standard was adopted by the legislature in 2011 (SBX1-2). Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. The increase in renewable sources for electricity production will decrease indirect GHG emissions from development projects, because electricity production from renewable sources is generally considered carbon neutral.

Senate Bill 350
Senate Bill 350 (de Leon), was signed into law September 2015. SB 350 establishes tiered increases to the RPS of 40 percent by 2024, 45 percent by 2027, and 50 percent by 2030. SB 350 also set a new goal to double the energy efficiency savings in electricity and natural gas through energy efficiency and conservation measures.

Executive Order B-16-2012
On March 23, 2012, the State identified that CARB, the California Energy Commission (CEC), the Public Utilities Commission, and other relevant agencies worked with the Plug-in Electric Vehicle Collaborative and the California Fuel Cell Partnership to establish benchmarks to accommodate zero-emissions vehicles in major metropolitan areas, including infrastructure to support them (e.g., electric vehicle charging stations). The executive order also directs the number of zero-emission vehicles in California’s State vehicle fleet to increase through the normal course of fleet replacement so that at least 10 percent of fleet purchases of light-duty vehicles are zero-emission by 2015 and at least 25 percent by 2020. The executive order also establishes a target for the transportation sector of reducing GHG emissions from the transportation sector 80 percent below 1990 levels.

California Building Code: Building Energy Efficiency Standards Energy conservation standards for new residential and non-residential buildings were adopted by the California Energy Resources Conservation and Development Commission (now the CEC) in June 1977 and most recently revised in 2016 (Title 24, Part 6, of the California Code of Regulations [CCR]). Title 24 requires the design of building shells and building components to conserve energy. The standards are updated periodically to allow for consideration and possible incorporation of new energy efficiency technologies and methods. On June 10, 2015, the CEC adopted the 2016 Building Energy Efficiency Standards, which went into effect on January 1, 2017.

The 2016 Standards continues to improve upon the previous 2013 Standards for new construction of and additions and alterations to residential and nonresidential buildings. Under the 2016 Standards,

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residential and nonresidential buildings are 28 and 5 percent more energy efficient than the 2013 Standards, respectively.33 Buildings that are constructed in accordance with the 2013 Building Energy Efficiency Standards are 25 percent (residential) to 30 percent (nonresidential) more energy efficient than the prior 2008 standards as a result of better windows, insulation, lighting, ventilation systems, and other features. While the 2016 standards do not achieve zero net energy, they do get very close to the State’s goal and make important steps toward changing residential building practices in California. The 2019 standards will take the final step to achieve zero net energy for newly constructed residential buildings throughout California.34
California Building Code: CALGreen
On July 17, 2008, the California Building Standards Commission adopted the nation’s first green building standards. The California Green Building Standards Code (24 CCR, Part 11, known as “CALGreen”) was adopted as part of the California Building Standards Code. CALGreen established planning and design standards for sustainable site development, energy efficiency (in excess of the California Energy Code requirements), water conservation, material conservation, and internal air contaminants.35 The mandatory provisions of the California Green Building Code Standards became effective January 1, 2011, and were last updated in 2016. The 2016 Standards became effective on January 1, 2017. 2006 Appliance Efficiency Regulations
The 2006 Appliance Efficiency Regulations (20 CCR §§ 1601–1608) were adopted by the CEC on October 11, 2006, and approved by the California Office of Administrative Law on December 14, 2006.

The regulations include standards for both federally regulated appliances and non–federally regulated appliances. Though these regulations are now often viewed as “business as usual,” they exceed the standards imposed by all other States, and they reduce GHG emissions by reducing energy demand.

Solid Waste Regulations
California’s Integrated Waste Management Act of 1989 (AB 939, Public Resources Code §§ 40050 et seq.) set a requirement for cities and counties throughout the State to divert 50 percent of all solid waste from landfills by January 1, 2000, through source reduction, recycling, and composting. In 2008, the requirements were modified to reflect a per capita requirement rather than tonnage. To help achieve this, the act requires that each city and county prepare and submit a source reduction and recycling element.

AB 939 also established the goal for all California counties to provide at least 15 years of ongoing landfill capacity.

AB 341 (Chapter 476, Statutes of 2011) increased the statewide goal for waste diversion to 75 percent by 2020 and requires recycling of waste from commercial and multifamily residential land uses. 33 California Energy Commission (CEC), 2015. 2016 Building Energy Efficiency Standards, Adoption Hearing Presentation. http://www.energy.ca.gov/title24/2016standards/rulemaking/documents/ June 10. 34 California Energy Commission (CEC), 2015. 2016 Building Energy and Efficiency Standards Frequently Asked Questions. http://www.energy.ca.gov/title24/2016standards/rulemaking/documents/2016_Building_Energy_Efficiency_Standards_FAQ.pdf. 35 The green building standards became mandatory in the 2010 edition of the code.

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The California Solid Waste Reuse and Recycling Access Act (AB 1327, Public Resources Code §§ 42900 et seq.) requires areas to be set aside for collecting and loading recyclable materials in development projects. The act required the California Integrated Waste Management Board to develop a model ordinance for adoption by any local agency requiring adequate areas for collection and loading of recyclable materials as part of development projects. Local agencies are required to adopt the model or an ordinance of their own.

Section 5.408 of the 2016 California Green Building Standards Code also requires that at least 65 percent of the nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for reuse.

In October of 2014 Governor Brown signed AB 1826, requiring businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste they generate per week. This law also requires that on and after January 1, 2016, local jurisdictions across the State implement an organic waste recycling program to divert organic waste generated by businesses and multifamily residential dwellings that consist of five or more units. Organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

Water Efficiency Regulations
The 20x2020 Water Conservation Plan was issued by the Department of Water Resources (DWR) in 2010 pursuant to Senate Bill 7, which was adopted during the 7th Extraordinary Session of 2009–2010 and therefore dubbed “SBX7-7.” SBX7-7 mandated urban water conservation and authorized the DWR to prepare a plan implementing urban water conservation requirements (20x2020 Water Conservation Plan).

In addition, it required agricultural water providers to prepare agricultural water management plans, measure water deliveries to customers, and implement other efficiency measures. SBX7-7 requires urban water providers to adopt a water conservation target of 20 percent reduction in urban per capita water use by 2020 compared to 2005 baseline use.

The Water Conservation in Landscaping Act of 2006 (AB 1881) requires local agencies to adopt the updated DWR model ordinance or equivalent. AB 1881 also requires the CEC to consult with the DWR to adopt, by regulation, performance standards and labeling requirements for landscape irrigation equipment, including irrigation controllers, moisture sensors, emission devices, and valves to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy or water.

Local Regulations
The following discusses the City of Fresno’s applicable plans and regulations that would contribute in reducing GHG emissions.

City of Fresno
City of Fresno General Plan
Similar for air quality, the Fresno General Plan includes objectives and policies within the its Resource Conservation and Resilience Element that pertain directly to GHG emissions. As previously discussed in

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Section 4.3, Air Quality, objectives and policies included in the other General Plan Elements related to land use development patterns (e.g., infill and mixed-use development), transportation and transit, and urban form in addition to water and energy usage and conservation would also contribute in reducing GHG emissions within the proposed Southwest Fresno Specific Plan Area and SJVAB. The policies and objectives shown in Table 4.3-2 would also contribute in not only improving air quality, but also in reducing GHG emissions. Table 4.7-5 includes additional examples of General Plan objectives and policies that would contribute to reducing GHG emissions.

City of Fresno Greenhouse Gas Reduction Plan
The City’s General Plan includes the Greenhouse Gas Reduction Plan (GHG Plan) which outlines the strategies to reduce GHG emissions to achieve the AB 32 year 2020 reduction target. The GHG Plan also contains strategies for reducing emissions beyond year 2020 towards meeting the State’s long-term reduction goal set under Executive Order S-03-05. The GHG Plan indicates that the City will achieve a total reduction of 26.8 percent from BAU by 2020 through State and regional regulations, which exceeds the

21.7 percent reduction target required to meet AB 32 targets. Additionally, with implementation of local measures, the City will achieve a reduction of 29.8 percent from BAU by year 2020. To achieve the reductions, the GHG Plan identifies various strategies across the following areas:
 Land Use and Transportation
 Transportation Facilities Strategies
 Transportation Demand Strategies
 Energy Conservation Strategies for New and Existing Buildings  Waste Diversion and Recycling and Energy Recovery
 Strategies for Exiting Development
 Municipal Strategies.

The GHG Plan outlines several scenarios in providing streamlining for individual development projects.

The scenarios include 1) projects requiring discretionary approval, 2) new discretionary projects requiring a general plan amendment, and 3) discretionary projects within the Downtown Plan, BRT Station Area, SCS Plan Area. Overall, development projects consistent with the parameters outlined for the applicable scenario would be considered to have a less than significant GHG impact.

4.7.1.3 EXISTING CONDITIONS
The proposed Plan Area currently include existing residential and non-residential land uses. These existing land uses currently generates direct and indirect GHG emissions from vehicle trips, energy use (indirectly from purchased electricity use and directly through fuel consumed for building heating), area sources (e.g., equipment used on-site, consumer products, coatings), water/wastewater generation, and waste disposal.

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TABLE 4.7-5 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO GHG EMISSIONS Objective/
Policy
Number Objective/Policy Text
Resource Conservation and Resiliency Element
Objective 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.

Objective RC-5
In cooperation with other jurisdictions and agencies in the San Joaquin Valley Air Basin, take timely, necessary, and the most cost-effective actions to achieve and maintain reductions in greenhouse gas emissions and all strategies that reduce the causes of climate change in order to limit and prevent the related potential detrimental effects upon public health and welfare of present and future residents of the Fresno community.

Policy RC-5-a
Support State Goal to Reduce Statewide GHG Emissions. As is consistent with State law, strive to meet AB 32 goal to reduce greenhouse gas emissions to 1990 levels by 2020 and strive to meet a reduction of 80 percent below 1990 levels by 2050 as Stated in Executive Order S-03-05. As new Statewide GHG reduction targets and dates are set by the State, update the City’s Greenhouse Gas Reduction Plan to include a comprehensive strategy to achieve consistency with those targets by the dates established.

Policy RC-5-bGreenhouse Gas Reduction Plan. As is consistent with State law, prepare and adopt a Greenhouse Gas Reduction Plan as part of the Master Environmental Impact Report to be concurrently approved with the Fresno General Plan in order to achieve compliance with State mandates, assist development by streamlining the approval process, and focus on feasible actions the City can take to minimize the adverse impacts of growth and development on global climate change. The Greenhouse Gas Reduction Plan shall include, but not be limited to:
 A baseline inventory of all known or reasonably discoverable sources of GHGs that currently exist in the city and sources that existed in 1990.
 A projected inventory of the GHGs that can reasonably be expected to be emitted from those sources in the year 2035 with the implementation of this General Plan and foreseeable communitywide and municipal operations.
 A target for the reduction of emissions from those identified sources.  A list of feasible GHG reduction measures to meet the education target, including energy conservation and “green building” requirements in municipal buildings and private development.  Periodically update municipal and community‐wide GHG emissions inventories to determine the efficacy of adopted measures and to guide future policy formulation needed to achieve and maintain GHG emissions reduction targets.

Policy RC-5-c
Increase efforts to incorporate requirements for GHG emission reductions in land use entitlement decisions, facility design, and operational measures subject to City regulation through the following measures and strategies:
 Promote the expansion of incentive‐based programs that involve certification of projects for energy and water efficiency and resiliency. These certification programs and scoring systems may include public agency “Green” and conservation criteria, Energy Star™ certification, CALGreen Tier 1 or Tier 2, Leadership in Energy Efficient Design (LEED™) certification, etc.
 Promote appropriate energy and water conservation standards and facilitate mixed‐use projects, new incentives for infill development, and the incorporation of mass transit, bicycle and pedestrian amenities into public and private projects.
 Require energy and water audits and upgrades for water conservation, energy efficiency, and mass transit, pedestrian, and bicycle amenities at the time of renovation, change in use, change in occupancy, and change in ownership for major projects meeting review thresholds specified in an implementing ordinance.  Incorporate the City’s “Guidelines for Ponding Basin/Pond Construction and Management to Control Mosquito Breeding” as conditions of approval for any project using an on‐site stormwater basin to prevent possible increases in vector‐borne illnesses associated with global climate change.

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TABLE 4.7-5 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO GHG EMISSIONS Objective/
Policy
Number Objective/Policy Text
 Periodically evaluate the City’s facility maintenance practices to determine whether there are additional opportunities to reduce GHGs through facility cleaning and painting, parks maintenance, road maintenance, and utility system maintenance.
 Periodically evaluate standards and mitigation strategies for highly vehicle‐dependent land uses and facilities, such as drive‐through facilities and auto‐oriented development.

Policy RC-5-d
SCS and CAP Conformity Analysis. Ensure that the City includes analysis of a project’s conformity to an adopted regional Sustainable Community Strategy or Alternative Planning Strategy (APS), an adopted Climate Action Plan (CAP), and any other applicable City and regional greenhouse gas reduction strategies in affect at the time of project review.

Policy RC-5-e
Ensure Compliance. Ensure ongoing compliance with GHG emissions reduction plans and programs by requiring that air quality measures are incorporated into projects’ design, conditions of approval, and mitigation measures.

Policy RC-5-f Toolkit. Provide residents and project applicants with a “toolkit” of feasible measures that can be used to reduce GHG emissions, including educational materials on energy‐efficient and “climate‐friendly” products.

Policy RC-5-g Evaluate Impacts with Models. Continue to use computer models such as those used by SJVACPD to evaluate greenhouse gas impacts of plans and projects that require such review.

Policy RC-6-d Recycled Water. Prepare, Adopt, and implement a City of Fresno Recycled Water Master Plan.

Objective RC-7 Promote water conservation through standards, incentives, and capital investments.

Policy RC-7-a
Water Conservation Program Target. Maintain a comprehensive conservation program to help reduce per capita water usage in the City’s water service area to 243 gallons per capita per day (gpcd) by 2020 and 190 gpcd by 2035, by adopting conservation standards and implementing a program of incentives, design and operation standards, and user fees.
 Support programs that result in decreased water demand, such as landscaping standards that require drought-tolerant plants, rebates for water conserving devices and systems, turf replacement, xeriscape landscape for new homes, irrigation controllers, commercial/industrial/institutional water conserving programs, prioritized leak detection program, complete water system audit, landscape water audit and budget program, and retrofit upon resale ordinance.
 Implement the US Bureau of Reclamation Best Management Practices for water consideration as necessary to maintain the City’s surface water entitlements.
 Adopt and implement policies in the event that an artificial lake is proposed for development.  Work cooperatively toward effective uniform water conservation measures that would apply throughout the Planning Area.
 Expand efforts to educate the public about water supply issues and water conservation techniques.

Policy RC-7-b
Water Pricing and Metering. Develop a tiered water cost structure for both residential and commercial users that will properly price water based on its true cost; require all new development to be metered for water use; and charge all customers the true, full cost of their water supply, including costs of acquisition, initial treatment, conveyance, wastewater treatment, operations, maintenance, and remediation.

Policy RC-7-c Best Practices for Conservation. Require all City facilities and all new private development to follow US Bureau of Reclamation Best Management Practices for water conservation, as warranted and appropriate.

Policy RC-7-d Update Standards for New Development. Continue to refine water saving and conservation standards for new development.

Policy RC-7-h
Landscape Water Conservation Standards. Refine landscape water conservation standards that will apply to new development installed landscapes, building on the State Model Water Efficient Landscape Ordinance and other State regulations.
 Evaluate and apply, as appropriate, augmented xeriscape, “water wise,” and “green gardening” practices to be implemented in public and private landscaping design and maintenance.  Facilitate implementation of the State’s Water Efficient Landscape Ordinance by developing alternative

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TABLE 4.7-5 GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO GHG EMISSIONS Objective/
Policy
Number Objective/Policy Text
compliance measures that are easy to understand and observe.

Objective RC-8 Reduce the consumption of non-renewable energy resources by requiring and encouraging conservation measures and the use of alternative energy sources.

Policy RC-8-a Existing Standards and Programs. Continue existing beneficial energy conservation programs, including adhering to the California Energy Code in new construction and major renovations.

Policy RC-8-b
Energy Reduction Targets. Strive to reduce per capita residential electricity use to 1,800 kWh per year and non-residential electricity use to 2,700 kWh per year per capita by developing and implementing incentives, design and operation standards, promoting alternative energy sources, and cost-effective savings.

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-d Incentives. Establish an incentive program for residential developers who commit to building all of their homes to ENERGY STAR performance guidelines.

Policy RC-8-h
Solar Assistance. Identify and publicize information about financial mechanisms for private solar installations and provide over‐the‐counter permitting for solar installations meeting specified standards, which may include maximum size (in kV) of units that can be so approved.

Policy RC-8-i Renewable Target. Adopt and implement a program to increase the use of renewable energy to meet a given percentage of the city’s peak electrical load within a given time frame.

4.7.2 STANDARDS OF SIGNIFICANCE
According to Appendix G of the CEQA Guidelines, a project would normally have a significant effect on the environment if the project would:

1. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

2. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

4.7.2.1 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

SIGNIFICANCE CRITERIA
The issue of global climate change is, by definition, a cumulative environmental impact. The SJVAPCD adopted Guidance Methodology for addressing GHG emissions under CEQA on December 17, 2009.36 In addition, SJVAPCD adopted a Climate Change Action Plan (CCAP) to identify strategies to reduce GHG emissions in the SJVAPCD.37 SJVAPCD’s methodology includes a tiered approach:
36 San Joaquin Valley Air Pollution Control District (SJVAPCD), 2009. Guidance for Valley Land-Use Agencies in Addressing GHG Emissions for New Projects. 37 San Joaquin Valley Air Pollution Control District (SJVAPCD), 2009. Climate Change Action Plan, Final Staff Report, Addressing Greenhouse Gas Emissions Impacts under the California Environmental Quality Act.

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 If a project is exempt from CEQA, individual-level and cumulative GHG emissions are treated as less than significant.
 If the project complies with a GHG emissions reduction plan or mitigation programs that avoid or substantially reduce GHG emissions in the geographic area where the project is located (i.e., city or county), individual-level and cumulative GHG emissions are treated as less than significant.  SJVAPCD does not have thresholds of significance for construction-related GHG emissions.

Construction emissions are one-time, nonrecurring emissions. Therefore, construction emissions are amortized over a 30-year duration (20 to 40 years average building lifetime) and included in the operational emissions analysis for informational purposes.38 GHG emissions from construction activity are therefore not assumed to significantly contribute to cumulative GHG emissions impacts of the proposed Plan.

Performance Metric – Newhall Ranch Case Court Ruling
SJVAPCD’s methodology for evaluating GHG emissions impacts also included methodology to evaluate whether or not a project would comply with AB 32 by conducting an analysis of whether the project would reduce GHG emissions by 29 percent from business as usual (BAU) through implementation of Best Performance Standards. The November 30, 2015, Center for Biological Diversity v. California Department of Fish and Wildlife (Newhall Ranch) ruling effectively limits use of this performance metric. The 29 percent below BAU established in the CARB Scoping Plan is derived from the statewide reduction target set by AB 32 for year 2020. The court held that the 29 percent is the statewide goal, but there is no substantial evidence that establishes a nexus between the Statewide goal and the percent reduction a specific land use project would need to achieve to be consistent with the goals of AB 32. Projects must determine the reduction target specific to the land use type being proposed. Because SJVAPCD’s significance criteria does not establish a nexus that connects the Statewide GHG emissions reductions identified in the Scoping Plan to reductions needed for new development projects, an alternative approach to use of the performance metric is being used by the District until SJVAPCD revises their Guidance Methodology to address the Newhall Ranch ruling.

Bright-Line and Efficiency GHG Emissions Significance Thresholds SJVAPCD has not formally provided guidance on how to analyze GHG emissions impacts for projects that are within their district. Until SJVAPCD provides formal guidance, the following approach which is based on alternative metrics used by air districts in California to assess GHG emissions impacts is identified:

Bright-Line Threshold
The bright-line significance threshold is a numeric, mass emissions threshold. In general, the bright-line threshold identifies the point at which additional analysis of project-related GHG emissions impacts is 38 South Coast Air Quality Management District (SCAAMD), 2008. Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold, http://www.aqmd.gov/docs/default-source/ceqa/handbook/greenhouse-gases-(ghg)-ceqasignificance-thresholds/year-2008-2009/ghg-meeting-6/ghg-meeting-6-guidance-document-discussion.pdf.

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necessary. Projects below the established bright-line significance criteria have a de minimus contribution the local, regional, and/or statewide GHG emissions inventory and have less than significant impacts.

Projects above this threshold may result in a substantial increase in GHG emissions.

The bright-line threshold is based on the methodology identified in the 2008 California Air Pollution Control Officers Association (CAPCOA) white paper (CAPCOA 2008).39 It is based on the market capture approach and reflects the amount of emissions that 90 percent of development projects surveyed in four cities within California would generate. CAPCOA identified that a bright-line threshold set at 900 MTCO2e per year would capture 90 percent of projects. In general, 900 MTCO2e per year corresponds to (1) a residential development of 50 dwelling units; (2) 35,000 square feet of office space; (3) 11,000 square feet of retail space; and (4) 6,300 square feet of supermarket space.40 The 900 MTCO2e per year is used as it is the most conservative bright-line threshold. Exceeding the brightline significance criteria does not necessarily indicate that the project generates a significant unavoidable impact. Typically, based on how the bright-line threshold is applied in other air districts, the bright-line thresholds are utilized as a screening criterion to identify whether a full analysis of GHG emissions is warranted. Furthermore, if a project exceeds the screening threshold, the second level of analysis would compare the project to the efficiency metric discussed below for informational purposes. However, for purposes of this analysis, if project-related net emissions exceed 900 MTCO2e per year, GHG emissions would be considered potentially significant in the absence of mitigation measures.

Efficiency Metric
The efficiency metric identified by some air districts in California in the absence of a countywide GHG reduction plan is derived from CARB’s Scoping Plan and is based on the projected year 2020 statewide emissions inventory for the land use sector and Statewide population and employment, as follows:
 2020 Land Use Sector Emissions = 295,530,000 MTCO2e per year  2020 Statewide employment for the land use sector = 17,064,489  2020 Statewide population = 44,135,92341
Based on the inventory and statewide service population for the land use sector in 2020, the land use sector project-level efficiency threshold is estimated at 4.8 MTCO2e service population per year. This efficiency metric represents the target per service population emission rate for land use development 39 California Air Pollution Control Officer’s Association, 2008. CEQA and Climate Change. 40 The Bay Area Air Quality Management District (BAAQMD) and South Coast Air Quality Management District (SCAQMD) have also established bright-line screening thresholds of 1,100 MTCO2e and 3,000 MTCO2e per year, respectively, for development projects based on similar market capture methodologies utilized by CAPCOA. SCAQMD based their bright-line screening threshold on review of 711 CEQA projects and determined that 90 percent of the projects reviewed would exceed 3,000 MTCO2e per year (South Coast Air Quality Management District. 2009, November 19. Greenhouse Gas CEQA Significance Threshold Stakeholder Working Group #14. http://www.aqmd.gov/docs/default-source/ceqa/handbook/greenhouse-gases- %28ghg%29-ceqa-significance-thresholds/year-2008-2009/ghg-meeting-14/ghg-meeting-14-main-presentation.pdf?sfvrsn=2).

Similarly, the bright-line screening threshold established by BAAQMD captures approximately 59 percent of all development projects (Bay Area Air Quality Management District. 2017, May. California Environmental Quality Act: Air Quality Guidelines). 41 California Air Resources Board (CARB), 2008. Climate Change Proposed Scoping Plan: A Framework for Change.

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projects that would be consistent in meeting the AB 32 Year 2020 reduction target. For projects with a buildout that would occur in 2040 and beyond year 2020, the applicable threshold is based on the trajectory needed as shown in Table 4.7-6 to achieve the year 2030 GHG reduction target of SB 32 (40 percent below 1990 levels by 2030) and Executive Order S-03-05 (80 percent below 1990 levels by 2050) for the horizon year of the projects.

TABLE 4.7-6 FORECASTED GHG REDUCTION TARGET
GHG Sectiona Scoping Plan Scenario GHG Emissions MMTCO2e 2017 Scoping Plan End Use Sector 2030 – Land Use Only Sectors Residential – residential energy consumption 38.4
Commercial – commercial energy consumption 26.8
Transportation – transportation energy consumption 104.1 Transportation Communications and Utilities – energy that supports public infrastructure like street lightning and waste treatment facilities

4.3 Non-Energy Solid Waste – methane emissions from solid waste disposal 9.17
Total 2017 Scoping Plan Land Use Sector Target 182.8
2030 Project-Level Efficiency Target
2030 Populationb 44,085,600
2030 Employmentc 17,394,580
2030 Service Population 61,480,180
2030 Efficiency Target 3.0 MTCO2e/SP
2040 Project-Level Efficiency Targetd
2040 Land Use Sector Target Estimate 120,100,000
2040 Population Estimate 47,233,240
2040 Employment Estimate 18,992,870
2040 Service Population Estimate 66,226,110
2040 Efficiency Target 1.8 MTCO2e/SP
a. California Air Resources Boards. 2017, January 20. The 2017 Climate Change Scoping Plan Update: The Proposed Strategy for Achieving California’s 2030 Greenhouse Gas Target. https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf. b. California Department of Finance. 2014, December. Report P-1 (County): State and County Total Population Projections, 2010-2060 (5 -year increments). http://www.dof.ca.gov/Forecasting/Demographics/Projections/ c. California Department of Transportation. 2016. Long-Term Socio-Economic Forecasts by County. http://www.dot.ca.gov/hq/tpp/offices/eab/socio_economic.html; Without industrial and agricultural sectors d. The 2035 Efficiency target is based on interpolating the 2030 land use emissions target of 182.8 MMTCO2e (40 percent below 1990 levels by 2030) and the 2050 land use emissions target of 57.4 MMTCO2e (80 percent below 1990 levels by 2050), which equates to approximately 47 percent below 1990 levels by 2035. The population and employment estimates are based on a similar forecast to estimate the service population in California in 2035.

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As shown in the table, the 2040 GHG estimated efficiency target would be 1.8 MTCO2e per service population per year, to be on a trajectory to achieve the GHG reduction goal of Executive Order S-03-05.

4.7.3 IMPACT DISCUSSION
This GHG evaluation was prepared in accordance with the requirements of CEQA to determine if significant GHG impacts are likely to occur in conjunction with future development that would be accommodated by the proposed Plan. The City’s criteria air pollutant emissions inventory includes the following sectors:
 Transportation. Based on the annual average trip generation and vehicle miles traveled data provided by Fehr and Peers (see Appendix G of this Draft EIR). An average trip distance of 8.04 miles per trip is utilized for the project buildout scenario. Based on the estimated 182,853 average daily trips (ADT) generated associated with the new proposed land uses, approximately 1,470,179 additional vehicle miles per day would be generated.
 Area Sources. Area and stationary sources are based on the California Emissions Estimator Model (CalEEMod) defaults for emissions generated from use of consumer products and cleaning supplies.  Energy. GHG emissions from energy use (electricity usage and natural gas used for cooking, heating, etc.) are based on the CalEEMod defaults for electricity and natural gas usage by residential and nonresidential land uses. New buildings are assumed to comply with the 2016 Building Energy Efficiency Standards, which are 28 percent more energy efficient for residential buildings and 5 percent more energy efficient for nonresidential buildings and residential buildings of four stories or more compared to the 2013 Building Energy Efficiency Standards.  Construction. It is assumed that development of the proposed Plan would generally commence beginning of 2018. For purposes of this analysis, the construction phasing utilizes the CalEEMod default schedule based on the anticipated new land uses and the duration of each activity is normalized to an 25-year building period. In addition, while the specific timeline in how the land uses accommodated in the proposed Specific Plan would be developed is unknown, this analysis assumes that the various construction activities (e.g., site preparation, demolition, building construction) would overlap. Furthermore, it is assumed that all of the existing residential and non-residential land uses within the Plan Area remain under the proposed future buildout scenario. Construction assumptions were based on CalEEMod defaults such as construction equipment mix and worker, vendor, and haul trips. Table 4.7-7 shows the assumed construction activities, the start and end dates (based on 25-year buildout), and equipment mix for each of the activities.

GHG-1 Implementation of the proposed Plan would result in a substantial increase in GHG emissions at buildout compared to existing conditions.

Development under the proposed Plan would contribute to global climate change through direct and indirect emissions of GHG from land uses within the Plan Area. The proposed Plan would result in a net increase of 7,131 dwelling units and 4,512,586 million non-residential square feet in the Plan Area.

Buildout of the proposed Plan is not linked to a specific development time frame. Development that would be accommodated by the proposed Plan would generate a net increase of 182,853 weekday

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TABLE 4.7-7 CONSTRUCTION ACTIVITIES, PHASING, AND EQUIPMENT Activities Start/End Datesa Equipmentb
Demolition 1/1/2018 – 3/19/2019 1 concrete/industrial saw; 3 excavators; 2 rubber tired dozers; 1 water truck
Site Preparation 1/1/2018 – 9/21/2018 3 rubber tired dozers; 4 tractors/loaders/backhoes; 1 water truck Grading 1/1/2018 – 11/18/2019 2 excavators; 1 grader; 1 rubber tired dozer; 2 scrapers; 2 tractors/loaders/backhoes; 1 water truck
Building Construction 1/1/2018 – 10/20/2036 1 crane; 3 forklifts; 1 generator set; 3 tractors/loaders/backhoes; 1 welder Asphalt Paving 1/1/2018 – 5/1/2019 2 pavers; 2 paving equipment; 2 rollers Architectural Coating 1/1/2018 – 3/14/2024 1 air compressor a. Based on CalEEMod defaults and normalized to an 25-year buildout duration. b. Based on CalEEMod defaults.
average daily trips ends, resulting in 1,470,179 additional daily VMT at project buildout (see Appendix G).

For the purpose of this Draft EIR, buildout is assumed over an 25-year project horizon. GHG emissions from construction activities are amortized into the operational phase GHG emissions inventory to account for one-time emissions from construction in accordance with SCAQMD methodology.42 The community GHG emissions inventory for the proposed Plan at buildout compared to existing conditions is in Table 4.7-8.

As shown in Table 4.7-8, the net increase in GHG emissions of 332,705 MTCO2e annually from operational activities of development projects accommodated by the proposed Plan would exceed the bright-line screening threshold of 900 MTCO2e for all land use types. The planned improvements, design guidelines, objectives, and policies under the proposed Plan would generally support a sustainable development pattern for the Plan area by creating more complete neighborhoods and improving transit options. For example, the proposed Plan includes plans for improving active transit infrastructure and amenities such as the inclusion of Class II bike lanes that follows the arterial and collector streets and Class I bike paths along marks, Jensen, and North Avenues and implementation of Complete Streets Design Guidelines for various corridors throughout the Plan Area that would contribute to reducing vehicle trips and VMT.

However, the increase in overall land use intensity and associated population and employment growth within the Plan Area are the primary factors for the increase in GHG emissions. In addition, although applicable future individual development projects would be processed under their own separate CEQA evaluation and may be consistent with the City’s GHG Reduction Plan development checklist resulting in a less than significant GHG emissions impact, cumulatively, development of projects accommodated by the proposed Plan would generate substantial GHG emissions. Therefore, the proposed Plan’s cumulative contribution to the long-term GHG emissions in the State would be considered significant.

Significance Without Mitigation: Significant.
42 South Coast Air Quality Management District (SCAQMD), 2008, October. Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold. http://www.aqmd.gov/docs/default-source/ceqa/handbook/greenhouse-gases- (ghg)-ceqa-significance-thresholds/year-2008-2009/ghg-meeting-6/ghg-meeting-6-guidance-document-discussion.pdf.

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TABLE 4.7-8 NET ANNUAL GHG FORECAST
Source
GHG Emissions
MTCO2e Percent Change
Area 3,196 1%
Energya 37,983 11%
Mobileb 265,312 80%
Solid Waste 18,554 6%
Water 1,849 1%
Construction-Amortizedc 5,809 6%
Total All Sectors 332,705 100%
Bright-Line Screening Threshold 900 NA
Exceeds Threshold? Yes NA
Note: Totals may not equal 100 percent due to rounding
a. Buildings constructed after January 1, 2017 are required to meet the 2016 Building and Energy Efficiency Standards. The 2016 Standards are 5 percent more energy efficient for non-residential buildings and 28 percent more energy efficiency for residential than the 2013 Building and Energy Efficiency Standards. Includes applicable water efficiency improvements required under CALGreen. b. As CalEEMod does not provide year 2041 emission rates, year 2040 emission rates are utilized for purposes of this analysis. c. Construction emissions are amortized over a 30-year project lifetime based on recommended SCAQMD methodology.

Source: PlaceWorks, 2017
Impact GHG-1: Implementation of the proposed Plan would result in a substantial increase in GHG emissions.

Mitigation Measure GHG-1: Implement Mitigation Measure AQ-2b as follows:

Significance With Mitigation: Significant and unavoidable. Implementation of the proposed Plan’s roadway and bicycle and trail network improvements, policies (e.g., Policies LU-1.1, LU-4.4, T-10.1, and T-11.3), and Complete Streets Design Guidelines would reduce operation-related criteria air pollutants generated from energy, stationary, and mobile sources to the extent feasible. In addition, Mitigation Measure AQ-2b would contribute in minimizing GHG emissions from construction activities. Furthermore, advancement of General Plan policies pertaining to GHG emissions (e.g., Policies RC-5-a through RC-5-g), urban form, transit, water and energy conservation (e.g., Policies RC7-h and RC-8-c) would also contribute in minimizing GHG emissions overall. However, due to the magnitude of growth associated with the proposed Plan, it is anticipated that an increase in GHG emissions would remain substantial. While adherence to the City of Fresno’s GHG Plan would also contribute in reducing GHG emissions associated with implementing the proposed Plan and progress

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in meeting the year 2020 AB 32 reduction target, additional federal, State, and local measures would be necessary to reduce GHG emissions under the proposed Plan to meet the long-term GHG reduction goals under Executive Order S-03-05 and SB 32. At this time, there is no plan past 2030 that achieves the long-term GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the State cannot meet the 2050 goal without major advancements in technology.43 Since no additional statewide measures are currently available, Impact GHG-1 would be significant and unavoidable.

GHG-2 Implementation of the proposed Plan would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

Applicable plans adopted for the purpose of reducing GHG emissions include CARB’s Scoping Plan, Fresno COG’s 2014-2040 RTP/SCS, and the City of Fresno’s GHG Plan. A consistency analysis with these plans is presented below.

CARB Scoping Plan
In accordance with AB 32, CARB developed the 2008 Scoping Plan to outline the State’s strategy established by AB 32, which is to return to the State’s GHG emissions inventory to 1990 levels by year 2020. In September 2016, SB 32 was signed into law, requiring the State’s GHG emissions to return to 40 percent below 1990 levels by 2030. Executive Order B-30-15 and SB 32 require CARB to prepare another update to the Scoping Plan to address the 2030 target for the State. On January 20, 2017, CARB released the draft 2017 Climate Change Scoping Plan to address the new interim GHG emissions target under Senate Bill 32. The CARB Scoping Plan is applicable to State agencies and is not directly applicable to cities/counties and individual projects. Nonetheless, the Scoping Plan has been the primary tool to develop performance-based and efficiency-based CEQA criteria and GHG reduction targets for climate action planning efforts.

The 2017 Climate Change Scoping Plan has adoption hearings planned for summer 2017, and provides the strategies for the State to meet the 2030 GHG reduction target as established under SB 32. Statewide strategies to reduce GHG emissions in the 2017 Climate Change Scoping Plan include implementing Senate Bill 350, which expands the Renewables Portfolio Standard to 50 percent by 2030 and doubles energy efficiency savings; expanding the Low Carbon Fuel Standard to 18 percent by 2030; implementing the Mobile Source Strategy to deploy zero-electric vehicle buses and trucks; implementing the Sustainable Freight Action Plan; implementing the Short-Lived Climate Pollutant Reduction Strategy, which reduces methane and hydrofluorocarbons 40 percent below 2013 levels by 2030 and black carbon emissions 50 percent below 2013 levels by 2030; continuing to implement Senate Bill 375; creating a post-2020 Capand-Trade Program; establishing a new regulation to reduce GHG emissions from the refinery sector by 20 44 California Air Resources Board (CARB), 2017. The 2017 Climate Change Scoping Plan Update: The Proposed Strategy for Achieving California’s 2030 Greenhouse Gas Target, January 20. https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf.

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percent; and developing an Integrated Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink.44
The project GHG emissions shown in Table 4.7-8 include reductions associated with Statewide strategies that have been adopted since AB 32 and SB 32. The proposed Plan would comply with these GHG emissions reduction measures since they are Statewide strategies. In addition, future buildings constructed over the lifetime of the proposed Plan would be subject to the future triannual updates to the Building and Energy Efficiency Standards, which will ultimately require zero net energy (ZNE) construction. However, the Scoping Plan itself is not directly applicable to the proposed Plan. Therefore, the proposed Plan would not obstruct implementation of the CARB Scoping Plan, and impacts would be less than significant.

Significance Without Mitigation: Less than significant.

Fresno COG Regional Transportation Plan/Sustainable Communities Strategy
The Fresno COG 2014–2040 RPT/SCS is a regional growth management strategy that targets per capita GHG reduction from passenger vehicles and light duty trucks in the Fresno COG region. The 2014–2040 RTP/SCS incorporates local land use projections and circulation networks from the local general plans. The projected regional development pattern—including location of land uses and residential densities in local general plans—when integrated with the proposed regional transportation network in the 2014–2040 RTP/SCS, would reduce per capita vehicular travel-related GHG emissions and achieve the regional GHG reduction per capita targets for the Fresno COG region. The per capita targets for the region are 5 percent below the 2005 baseline by year 2020 and 10 percent by year 2035. The 2014–2040 RTP/SCS identifies that the Fresno COG region will meet its per capita targets for both 2020 and 2035 at 9 percent and 11 percent, respectively. Strategies identified in the 2014–2040 RTP/SCS are listed in Table 4.7-9. As shown in the table, the proposed Plan would be consistent with strategies in the 2014–2040 RTP/SCS. Therefore, impacts are considered less than significant.

Significance Without Mitigation: Less than significant.

City of Fresno GHG Reduction Plan
A consistency analysis with the proposed Plan to the applicable measures in the City’s GHG Plan is shown in Table 4.7-10. As identified in the table, overall, the proposed Plan would generally be consistent with the strategies in the GHG Plan. Therefore, the proposed Plan would not conflict with the GHG Plan and impacts are considered less than significant.

Significance Without Mitigation: Less than significant. 44 California Air Resources Board (CARB), 2017. The 2017 Climate Change Scoping Plan Update: The Proposed Strategy for Achieving California’s 2030 Greenhouse Gas Target, January 20. https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf.

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TABLE 4.7-9 FRESNO COUNCIL OF GOVERNMENTS 2014-2040 RTP/SCS CONSISTENCY ANALYSIS Sustainability
Strategies Description of Strategy Principle
Southwest Fresno
Specific Plan Compliance
Transportation
Demand
Management
Transportation Demand Management (TDM) programs
are designed to reduce automobile usage by changing
travel behavior and encouraging the use of
transportation modes other than single occupant
vehicles. TDM strategies in Fresno County include, but
are not limited to:
 Measure C Carpool Incentive program, which
provides incentives to commuters who share a ride
to work or school with at least one other person.
 Measure C Commuter and Farmworker Vanpool
Subsidy programs, which provide subsidies and
reimbursements to new and existing commuter
vanpools.
 CalVans is a Joint Powers Public Transportation
Agency comprised of a number of Local
Transportation Planning Agencies who run a
multicounty vanpool program for commuters and
agricultural workers.
 Fresno COG’s Valleyrides.com website and Carpool
App offer commuters free ride matching, and houses
the information needed to participate in the
Measure C Carpool and Vanpool Programs.
 Flex-time work schedules with employers to reduce
congestion at peak times.
 Other trip reduction programs
Consistent: The Southwest Fresno Specific
Plan includes Transit Policy T-11.3 which
pertains to supporting TDM programs.

Additionally, future individual projects
would be subject to SJVAPCD Rule 9410,
which requires qualifying businesses to
implement an Employer Trip Reduction
Implementation Plan.

Transportation
Systems
Management
The Transportation Systems Management (TSM)
approach to congestion mitigation and GHG emission
reduction seeks to identify improvements to enhance
and optimize the existing transportation systems.

Through better management and operation of existing
transportation facilities, these techniques are designed to improve traffic flow, air quality, and movement of
vehicles and goods, as well as enhance safety. TSM
measures include, but are not limited to:
 Intersection operational improvements, including
traffic signal synchronization
 Geometric changes and bottleneck alleviation
 Arterial access management
 Traffic/Freeway management system.
 Special events management strategies.
 Incident Management/emergency services
Consistent: The Southwest Fresno Specific
Plan contains various goals (e.g., Goals T-1,
T-3, T-4, and T-8) and plans (See Figure 5-5
of the Specific Plan) in addition to inclusion
of Complete Streets Design Guidelines that
are intended to improve safety and
optimize transportation systems ranging
from pedestrian and bicycle facilities to
maintenance of existing roadways (e.g.,
Policy T-8.3) and rerouting of truck routes
away from sensitive areas (see Figure 5-6 of
the Specific Plan).

Public Transit
The 2014–2040 RTP/SCS calls for an expansion and
improvement of the public transit network and transit
service on new and existing routes, resulting in greater transit accessibility and connectivity throughout the
region. Transit expansion and improvement include the
addition of new corridors and improving the service of
existing ones, first bus rapid transit (BRT) system, and implementation of the California High-Speed Train (HST) project. The BRT corridors are planned for Shaw Avenue
from Highway City on the west to Fowler Avenue in the
City of Clovis on the east.

Consistent: A guiding principle of the
Southwest Fresno Specific Plan is to
connect and expand access to regional
transportation networks such as BRT,
Fresno Area Express, and high-speed rail.

Transit Goals T-6 and T-7 which focus on
improving the public transit network are
included in the Southwest Fresno Specific
Plan. Additionally, the planned Mixed-Use
Corridor would align with a future BRT line.

Furthermore, the Specific Plan includes
plans for implementation of more BRT

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Sustainability
Strategies Description of Strategy Principle
Southwest Fresno
Specific Plan Compliance
corridors as shown on Figure 5-4 of the
Plan.

Bike and Pedestrian
Facilities
The 2014–2040 RTP/SCS also includes a notable
increase in the regional active transportation network
for walking and bicycling. Active transportation is an
essential part of the Fresno COG transportation system, is low cost, does not emit GHGs, can help reduce
roadway congestion, and increases health and the
quality of life of residents. This emphasis signifies an important opportunity to advance the goals of SB 375
by increasing nonmotorized modes of transportation,
thereby expanding access to a variety of land uses and
transit and improving public health and air quality. A
total of $94 million is proposed in the 2014–2040
RTP/SCS to fund bike and pedestrian projects.

Consistent: A guiding principle of the
Southwest Fresno Specific Plan is to
accommodate both motorized and nonmotorized modes of travel and people of all ages and abilities to improve
mobility/transportation within Southwest
Fresno. The Specific Plan incorporates the
Complete Streets Design Guidelines and
includes various goals (see Goals T-1
through T-5) to support this guiding
principle that would improve the pedestrian
and bicycle network within the plan area.

Additionally, goals and policies related to
higher density and mixed-use development
would also encourage active transit. Figure
5-2 of the Specific Plans shows the planned
bicycle and trail network which would
include increasing bike lanes and multi-use
trails.

Source: Fresno Council of Governments, 2014. 2014-2040 Regional Transportation Plan & Sustainable Communities Strategy. http://www.fresnocog.org/ sites/default/files/publications/RTP/Final_RTP/Fresno_COG_2014_RTP-SCS_Final.pdf.

4.7.4 CUMULATIVE IMPACTS
GHG-3 Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in significant cumulative impacts with respect to GHG emissions.

As described above, GHG emissions related to the proposed Plan are not confined to a particular air basin but are dispersed worldwide. Therefore, the analysis of impacts in Section 4.7.3, Impact Discussion, above, also addresses cumulative impacts. A project that exceeds the SJVAPD’s significance criteria in the context of emissions from all other development projected within the entire SJVAB would cumulative contribute to impacts. As identified in impact discussion GHG-1, Table 4.7-8 shows that implementation of the proposed Plan would exceed the bright-line threshold. Consequently, GHG emissions impacts of the proposed Plan would be significant.

Significance Without Mitigation: Significant.

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TABLE 4.7-10 CITY OF FRESNO GHG REDUCTION PLAN CONSISTENCY ANALYSIS Sustainability Strategies Strategy Policies and Objectives Southwest Fresno Specific Plan
Compliance
Land Use Strategies: Strategies
under this category focus on
development of more dense
and compact communities to
move people closer to
destinations that can be
accessed by walking or
bicycling, and transit.

Compact and Infill Development: Higher-density
development tends to produce fewer vehicle trips per
dwelling unit and more intense commercial development
increases opportunities for walking, bicycling, and transit use for some trips.
 Objective UF-12 and Policies UF-1-c, UF-12-b, LU-2-a, LU-2-b, LU-3-b, LU-3-c, LU-5-f, and RC-2-a
Mixed-Use Development: Mixed-use projects provide
opportunities for walking between uses for some trips.

Trips are reduced when visitors can park once at the
development and obtain services, shopping, or go to a
restaurant during a single trip.
 Policies RC-2-a, RC-2-b, UF-12-d, and UF-12-f
Pedestrian Oriented Development: Providing pedestrianfriendly infrastructure such as sidewalks, paths, and direct connections to neighboring uses such as shopping,
schools, libraries, and parks increase the potential for people to make trips on foot instead of making a car trip.

This strategy is consistent with the Complete Streets
concept that aims to make streets safe for walking and
bicycling.
 Objective UF-14 and Policies UF-12-e, UF-12-f, UF-14-a, UF-14-b, UF-14-c, D-3-c, D-4-b, and MT-1-h
Transit Oriented Development: Higher densities when
combined with pedestrian orientation encourage transit
use. A key factor is that both ends of the transit trip must be walkable and have the potential to service reasonably large numbers of transit riders. The City’s proposed BRT system combined with plans to increase development
densities at BRT stations and along the corridor are
critical elements of the City’s transit oriented
development strategy.
 Objective UF-12 and Policies UF-12-a and UF-12-b
Consistent: The Southwest Fresno
Specific Plan’s land use map
envisions the interplay of
“complete neighborhoods,”
“corridors,” and “magnet cores” to
create a vibrant and desirable
community that is accessible to and
abundant with neighborhood
amenities and services, supported
by local and neighboring residents.

The planned Mixed-Use Corridor
would be aligned with the future
BRT line. Additionally, as shown in
Figure 3-1 of the Specific Plan, the
land use plan accommodates
higher density, mixed-use, and
pedestrian/transit oriented
development land uses.

Furthermore, the Specific Plan
incorporates Complete Streets
Design Guidelines and includes
various goals and policies focused
on pedestrian, bicycling, and transit
network improvements (e.g., Goals
T-1 through T-7).

Transportation Facilities
Strategies: Strategies under this
strategy are related to
transportation infrastructure
and facilities that encourage the
use of alternative modes of
transportation such as walking,
bicycling, and transit use. This
strategy would be implemented
through support for and
funding of transit, bicycle, and
pedestrian connections,
through transit and trail
planning, and with regional
cooperation among relevant
agencies.

Transit Facilities: Includes bus stops, bus turnouts,
multimodal transfer centers, and information kiosks.
 Objectives MT-8 and MT-9 and Policies MT-8-a, MT-8-
b, MT-8-g
Bicycle and Pedestrian Infrastructure: All new
development is required to comply with the Bicycle,
Pedestrian, and Trails Master Plan.
 Objectives MT-4 through MT-6 and Policies MT-4-a,
MT-4-b, MT-4-c, MT-5-a, MT-6-a, MT-6-g, and POSS7-h
Consistent: The Southwest Fresno
Specific Plan includes guiding
principles that pertain to improving
public transit in addition to nonmotorized modes of travel. Transit Goals T-6 and T-7 which focus on
improving the public transit
network are included in the
Southwest Fresno Specific Plan.

Additionally, the planned MixedUse Corridor would align with a future BRT line. Furthermore, the
Specific Plan includes plans for
implementation of more BRT
corridors as shown on Figure 5-4 of
the Plan.

The Specific Plan also incorporates
the Complete Streets Design
Guidelines and includes various

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TABLE 4.7-10 CITY OF FRESNO GHG REDUCTION PLAN CONSISTENCY ANALYSIS Sustainability Strategies Strategy Policies and Objectives Southwest Fresno Specific Plan
Compliance
goals (see Goals T-1 through T-5)
that would improve the pedestrian
and bicycle network within the plan
area. Additionally, goals and
policies related to higher density
and mixed-use development would
also encourage active transit.

Figure 5-2 of the Specific Plans
shows the planned bicycle and trail
network which would include
increasing bike lanes and multi-use
trails.

Transportation Demand
Strategies: These strategies
provide programs and facilities
that encourage employees to
use alternative modes for
commute trips.

Transportation Demand Management: Measures are
designed to reduce the demand for transportation
facilities that are usually implemented at employment
sites and event centers and includes programs that target employee commute trips at the worksite such as
vanpools, and incentives for alternative transportation and government-operated programs such as rideshare
matching and outreach and incentives.
 Policy MT-10-c
Parking Measures: Providing limited parking is one of the most effective transportation measures. Use of parking
structures and paid parking provide strong incentive to use alternative modes and to take advantage of carpools and vanpools. This measure would only apply in higherdensity development areas, downtown, and mixed-use projects specific designed for this strategy.
 Policies MT-10-a, MT-10-b, MT-10-d, and MT-10-f
Consistent: The Southwest Fresno
Specific Plan includes Transit Policy
T-11.3 which pertains to supporting
TDM programs.

Energy Conservation Strategies
for New and Existing Buildings:

Improving energy efficiency in
new and existing buildings and
facilities provides one of the
most cost‐effective strategies
for reducing greenhouse gases.

The energy savings from
improved energy efficiency can
often pay for the cost of the
upgrades and retrofits over
time. These strategies are
implemented through the
promotion of energy‐ and
water‐efficient buildings (e.g.,
LEED buildings and/or
exceeding Title 24 standards)
through green building
ordinances, project timing,
prioritization, and other
implementing tools.

Energy Efficiency in New Buildings: New projects can
exceed Title 24 Energy Efficiency Standards for new
residential and non-residential 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.
 Objective RC-8 and Policies RC-8-a through RC-8-e
Energy Efficiency in Existing Buildings: Older buildings that were constructed prior to the adoption of Title 24 or that were constructed when early versions of Title 24 were in place provide significant opportunities for cost-effective energy retrofits.
 Policy RC-7-i
Self Generation Using Solar Panels and Solar Hot Water
Systems: The City of Fresno’s location and climate is
excellent for solar electric generation and hot water
systems with an average of 262 sunny days per year.

Residential and commercial projects can include solarready roofs to allow future installation of solar panels or provide solar panels at the time of construction.
 Policy RC-8-h
Water Conservation Strategies: Water pumping and
Consistent: The Southwest Fresno
Specific Plan includes integration of
recycled water infrastructure into
the plan area as shown in Figure 7-
3 of the Specific Plan. Furthermore,
new development projects
accommodated by the Specific Plan
would adhere to the latest Title 24
Energy Efficiency Standards in
addition to the CalGreen Standards
which would contribute in reducing
energy and water demand and use.

Furthermore, new qualifying
residential and non-residential
buildings would be built to adhere
to the Title 24 solar ready
requirements.

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TABLE 4.7-10 CITY OF FRESNO GHG REDUCTION PLAN CONSISTENCY ANALYSIS Sustainability Strategies Strategy Policies and Objectives Southwest Fresno Specific Plan
Compliance
transport consumes approximately 20 percent of all
energy used in California. Measures to reduce water
consumption through improved efficiency in plumbing
fixtures and landscaping can result in substantial savings compared to past practices. Water reuse and recycling
through non-potable “purple pipe” systems may reduce
energy consumption for water transport. The use of
recycled water should focus on new and existing large
green spaces, industrial uses, and new development.
 Objective RC-7 and Policies RC-6-d, RC-7-a, RC-7-d, RC7-f, and RC-7-h Waste Diversion and Recycling
and Energy Recovery: Programs
and actions that promote
recycling and diversion of waste
from landfills can reduce energy
consumed in the transport and
handling of the waste material
and can reduce the GHGs that
are emitted during the
decomposition of organic
waste.

The State of California has adopted increasingly stringent mandates for the percentage of solid waste that can be
disposed in landfills. Programs that require or encourage further reductions in waste beyond mandates will result in GHG reductions from this source.
 Policies PU-9-a, PU-9-b, RC-4-I, RC-11-a, and RC-11-b Wastewater: Wastewater treatment can produce
methane emissions that are powerful GHG, but it also
provides a valuable renewable energy source when
scrubbed of harmful components. Fresno currently
operates a major regional secondary treatment plant and reuses water primarily for agricultural purposes.

Wastewater treatment plants such as the Fresno/Clovis
RWRF with anaerobic digesters capture the methane
produced during the treatment process for productive
use such as generation of electricity or process heat to offset some of the plant’s power consumption.
 Objective PU-7 and Policies PU-7-a and PU-7-d
Consistent: Future projects
accommodated by the Southwest
Fresno Specific Plan would comply
with State mandates and future
local programs and requirements
that may be in place at the time of
project implementation.

Municipal Strategies: The City of
Fresno has a comprehensive set
of strategies specifically
targeted at GHG emissions
generated at city-owned
facilities and from city
operations. The strategies
identified by the City include
various measures to improve
energy efficiency in buildings
and equipment owned by the
City, alternative fuels for city
vehicles and equipment, and
water conservation.

Municipal Strategies Policies
 Policies RC-7-c, RC-7-e, RC-8-f, and RC-8-g
Regional Urban Forestry Program: Trees provide shade
that can reduce the urban heat island effect caused when pavement and other open surfaces absorb solar radiation and re-radiate heat to the surrounding environment. The City maintains trees in parks and other public owned
landscapes.
 Policy POSS-1-g
Other Municipal Strategies
 Energy Savings from Traffic and Street Lighting
 Low-Emission City Fleet Vehicles
 Green Purchasing
 Municipal Water Conservation
Not applicable: These policies,
objections, and programs are
implemented at the City level.

However, the Southwest Fresno
Specific Plan includes various
design guidelines that pertain to
tree planting.

Source: City of Fresno. 2014, July. Draft Fresno General Plan Update Greenhouse Gas Reduction Plan, City of Fresno, California. https://www.fresno.gov/darm/wp-content/uploads/sites/10/2016/11/F-2-Greenhouse-Gas-Reduction-Plan.pdf.

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Impact GHG-3: GHG emissions associated with implementation of the proposed Plan would substantially cumulatively contribute to climate change impacts.

Mitigation Measure GHG-3: Implement Mitigation Measure AQ-2b.

Significance With Mitigation: Significant and unavoidable. Implementation of the proposed Plan’s policies (e.g., Policies LU-1.1, LU-4.4, T-10.1, and T-11.3) and complete streets design guidelines would reduce operation-related criteria air pollutants generated from energy, stationary, and mobile sources to the extent feasible. In addition, Mitigation Measure AQ-2a would also contribute in reducing construction-related GHG emissions. However, due to the magnitude of growth associated with the proposed Plan, it is anticipated that an increase in GHG emissions would remain substantial.

While adherence to the City of Fresno’s GHG Plan would also contribute in reducing GHG emissions associated with implementing the proposed Specific Plan and progress in meeting the year 2020 AB 32 reduction target, additional federal, State, and local measures would be necessary to reduce GHG emissions under the proposed Plan to meet the long-term GHG reduction goals under Executive Order S-03-05 and SB 32. As Stated, there is no plan at this time past 2030 that achieves the longterm GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the State cannot meet the 2050 goal without major advancements in technology.45 Since no additional statewide measures are currently available, Impact GHG-3 would be significant and unavoidable.
45 California Council on Science and Technology (CCST), 2012. California’s Energy Future: Portraits of Energy Systems for Meeting Greenhouse Gas Reduction Targets. http://www.ccst.us/publications/2012/2012ghg.pdf.

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HAZARDS AND HAZARDOUS MATERIALS
PLACEWORKS 4.8-1

4.8 HAZARDS AND HAZARDOUS MATERIALS
This chapter describes the environmental setting, including regulatory framework and existing conditions in the Plan Area related to, and potentially significant environmental impacts of the proposed Plan on hazards and hazardous materials.

The analysis in this chapter is based in part on the following databases and reports:
 GeoTracker, 2017. State Water Resources Control Board (SWRCB) database of hazardous materials sites that could affect groundwater quality, searched July 5, 2017  EnviroStor, 2017. Department of Toxic Substances Control (DTSC) database of sites with known contamination or sites for which there may be reasons to investigate further, searched July 5, 2017  Environmental Data Resources, Inc. (EDR), 2017. Data Map Environmental Atlas, Custom Area Database Report, Southwest Fresno Specific Plan, June 28, 2017  City of Fresno General Plan (and the associated Master Environmental Impact Report (MEIR)), December 18, 2014
 City of Fresno Downtown Neighborhood Community Plan (and the associated EIR), 2016  Phase I ESA prepared for the DNCP, 2011. Phase I Environmental Site Assessment (Draft) Downtown Neighborhoods Community Plan Area, prepared by Krazan & Associates (2011)  Fresno-Chandler Executive Airport Land Use Compatibility Plan, 2014 The above-referenced EDR database report is included in this Draft EIR as Appendix E, Hazards and Hazardous Materials Data.

4.8.1 ENVIRONMENTAL SETTING

4.8.1.1 REGULATORY FRAMEWORK
Hazardous materials refer generally to hazardous substances, hazardous waste, and other materials that exhibit corrosive, poisonous, flammable, and/or reactive properties and have the potential to harm human health and/or the environment. Hazardous materials are used in products (e.g., household cleaners, industrial solvents, paint, pesticides, etc.) and in the manufacturing of products (e.g., electronics, newspapers, plastic products, etc.). Hazardous materials can include petroleum, natural gas, synthetic gas, acutely toxic chemicals, and other toxic chemicals that are used in agriculture, commercial, and industrial uses; businesses; hospitals; and households. Accidental releases of hazardous materials have a variety of causes, including highway incidents, warehouse fires, train derailments, shipping accidents, and industrial incidents.

The term “hazardous materials” as used in this section includes all materials defined in the California Health and Safety Code (H&SC):

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“A material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. ‘Hazardous materials’ include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the unified program agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.”
The term includes chemicals regulated by the United States Department of Transportation (USDOT), the United States Environmental Protection Agency (US EPA), the California Department of Toxic Substances Control (DTSC), the California Governor’s Office of Emergency Services (CalOES), and other agencies, as hazardous materials, wastes, or substances. “Hazardous waste” is any hazardous material that has been discarded, except those materials specifically excluded by regulation. Hazardous materials that have been intentionally disposed of or inadvertently released, fall within the definition of “discarded” materials and can result in the creation of hazardous waste. Hazardous wastes are broadly characterized by their ignitability, toxicity, corrosivity, reactivity, radioactivity, or bioactivity. Federal and State hazardous waste definitions are similar, but contain enough distinctions that separate classifications are in place for federal Resource Conservation and Recovery Act (RCRA) hazardous wastes and State non-RCRA hazardous wastes.

Hazardous wastes require special handling and disposal because of their potential to impact public health and the environment. Some materials are designated “acutely” or “extremely” hazardous under relevant statutes and regulations.

Hazardous materials and wastes can pose a significant actual or potential hazard to human health and the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Many federal, State, and local programs that regulate the use, storage, and transportation of hazardous materials and hazardous waste are in place to prevent these unwanted consequences. These regulatory programs are designed to reduce the danger that hazardous substances may pose to people and businesses under normal daily circumstances and as a result of emergencies and disasters.

Potential hazards and the use and transportation of hazardous substances are regulated by an overlapping set of adopted City, County, State, and federal plans, policies and regulations. In general, federal and State legislation empowers regulation by local agencies; however, both State and federal agencies such as the Federal Aviation Administration (FAA [airports]) and Regional Water Quality Control Boards (RWQCBs) that regulate ground and surface water contamination retain a substantial direct regulatory role. The City addresses these issues primarily in its Municipal Code and to a lesser extent in its 2025 General Plan.

Hazardous materials are also regulated by the City of Fresno Fire Department, the Fresno County Environmental Health Division (FCEHD) and the San Joaquin Valley Air Pollution Control District (SJVAPCD).

The Fresno Council of Governments Airport Land Use Commission (ALUC) maintains the Airport Land Use Plan (ALUP), and the City Municipal Code contains the Airport Zoning Ordinance that addresses land use and safety regulations in the airport zone.

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PLACEWORKS 4.8-3
Federal Agencies and Regulations
United States Environmental Protection Agency
The US EPA laws and regulations ensure the safe production, handling, disposal, and transportation of hazardous materials. Laws and regulations established by the US EPA are enforced in Fresno County by the California Environmental Protection Agency (CalEPA) and by various regional and local agencies, as discussed below.

United States Department of Transportation
The USDOT has the regulatory responsibility for the safe transportation of hazardous materials between states and to foreign countries. The USDOT regulations govern all means of transportation, except for those packages shipped by mail, which are covered by United States Postal Service regulations. The federal RCRA of 1976 imposes additional standards for the transport of hazardous wastes.

Occupational Safety and Health Administration
The Occupational Safety and Health Administration (OSHA) oversees the administration of the Occupational Safety and Health Act, which requires specific training for hazardous materials handlers, provision of information to employees who may be exposed to hazardous materials, and acquisition of material safety data sheets (MSDS) from materials manufacturers. The MSDS describe the risks, as well as proper handling and procedures, related to particular hazardous materials. Employee training must include response and remediation procedures for hazardous materials releases and exposures.

Federal Emergency Management Agency (FEMA)
With respect to emergency planning, FEMA is responsible for ensuring the establishment and development of policies and programs for emergency management at the federal, state, and local levels.

Enforcement of these laws and regulations is delegated to state and local environmental regulatory agencies.

Federal Aviation Administration (FAA; 14 CFR Part 77)
The FAA is charged with the review of construction or alterations that occur in the vicinity of airports. Its role in reviewing these activities is to identify potential aeronautical hazards and prevent or minimize adverse impacts to the safe and efficient use of navigable airspace. The regulations in 14 CFR Part 77 (FAR Part 77) are designed to ensure that no permanent or temporary obstructions are allowed to exist in the navigable air space that would endanger the public or limit the efficient use of airspace. Proposed structures are also evaluated against Terminal En Route Procedures, which ensure that an object does not adversely impact flight procedures. Tall structures, including buildings, construction cranes, and cell towers in the vicinity of an airport can be hazardous to the navigation of airplanes. FAR Part 77 identifies the maximum height at which a structure would be considered an obstruction based on its proximity to the airport. All objects over 200 feet above ground level (AGL) are impacted by these regulations and any object less than 200 feet AGL within 20,000 feet of an airport must be evaluated based on height and location relative to the airport.

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Toxic Substances Control Act
Established in 1976 and amended on December 31, 2002, the Toxic Substances Control Act (TSCA) (15 United States Code [USC] Section 2601-2692) grants the EPA power to require proper reporting, recordkeeping, and testing requirements related to chemical substances and/or mixtures. Specifically, the TSCA addresses the production, importation, use, and disposal of specific chemicals, including PCBs, asbestos, radon, and LBPs. The TSCA establishes the EPA’s authority to require the notification of the use of chemicals, require testing, maintain a TSCA inventory, and require those importing chemicals under Sections 12(b) and 13 to comply with certification and/or other reporting requirements. This federal legislation also phased out the use of asbestos-containing materials in new building materials and sets requirements for the use, handling, and disposal of asbestos containing materials. Disposal standards for LBP wastes are also detailed in the TSCA.

The Emergency Planning and Community Right-To-Know Act
The Emergency Planning and Community Right-To-Know Act (also known as Title III of the Federal Superfund Amendments and Reauthorization Act, or “SARA III”) (42 United States Code 11001, et seq.), was established by the EPA to allow for emergency planning at the state and local level regarding chemical emergencies, to provide notification of emergency release of chemicals, and to address community rightto-know regarding hazardous and toxic chemicals. SARA III was designed to increase community access and knowledge about chemical hazards as well as facilitate the creation and implementation of state/Native American tribe emergency response commissions, responsible for coordinating certain emergency response activities and for appointing local emergency planning committees. Section 1910.1200(c) Title 29 of the CFR defines “chemicals or hazardous materials” for the purposes of SARA III.

Federal Insecticide, Fungicide, and Rodenticide Act
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 United States Code 136, et seq.) was originally passed in 1947. It has been amended several times, most extensively in 1972, and most recently by the Food Quality Protection Act of 1996. The purpose of FIFRA is to establish federal jurisdiction over the distribution, sale, and use of pesticides. It also gives EPA the authority to study the effects of pesticide use. Other key provisions of FIFRA require pesticide applicators to pass a licensing examination for status as “qualified applicators,” create a review and registration process for new pesticide products, and ensure thorough and understandable labeling that includes instructions for use.

Hazardous Materials Transportation Act (HMTA)—Safe Transport of Hazardous Materials The United States Department of Transportation regulates hazardous materials transportation between states under Title 49, Chapter 1, Part 100-185 of the Code of Federal Regulations. Within California, Caltrans and the California Highway Patrol enforce federal law related to the transport of hazardous materials. Together, these agencies determine driver training requirements, load labeling procedures, and specifications for container types to be used.

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Resource Conservation and Recovery Act
The 1976 Federal Resource Conservation and Recovery Act (RCRA) and the 1984 RCRA Amendments regulate the treatment, storage, and disposal of hazardous and non-hazardous wastes. The legislation mandated that hazardous wastes be tracked from the point of generation to their ultimate fate in the environment. This includes detailed tracking of hazardous materials during transport and permitting of hazardous material handling facilities.

Comprehensive Environmental Response, Compensation and Liability Act The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 introduced active federal involvement to emergency response, site remediation, and spill prevention, most notably the Superfund program. The act was intended to be comprehensive in encompassing both the prevention of, and response to uncontrolled hazardous substances releases. The act deals with environmental response, providing mechanisms for reacting to emergencies and chronic hazardous material releases. In addition to establishing procedures to prevent and remedy problems, it establishes a system for compensating appropriate individuals and assigning appropriate liability. It is designed to plan for and respond to failure in other regulatory programs and to remedy problems resulting from action taken before the era of comprehensive regulatory protection.

State Agencies and Regulations
California Health and Safety Code and Code of Regulations California Health and Safety Code Chapter 6.95 and California Code of Regulations, Title 19, Section 2729, set out the minimum requirements for business emergency plans and chemical inventory reporting. These regulations require businesses to provide emergency response plans and procedures, training program information, and a hazardous material chemical inventory disclosing hazardous materials stored, used, or handled on-site. A business which uses hazardous materials or a mixture containing hazardous materials must establish and implement a business plan if the hazardous material is handled in certain quantities.

California Environmental Protection Agency
One of the primary agencies that regulate hazardous materials is the CalEPA. The State, through CalEPA, is authorized by the US EPA to enforce and implement certain federal hazardous materials laws and regulations. The California DTSC, a department of the CalEPA, protects California and Californians from exposure to hazardous waste, primarily under the authority of the RCRA and the California Health and Safety Code.1 The DTSC requirements include the need for written programs and response plans, such as Hazardous Materials Business Plans (HMBPs). The DTSC programs include dealing with aftermath cleanups of improper hazardous waste management, evaluation of samples taken from sites, enforcement of 1 Hazardous Substance Account, Chapter 6.5 (Section 25100 et seq.) and the Hazardous Waste Control Law, Chapter 6.8 (Section 25300 et seq.) of the Health and Safety Code.

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regulations regarding use, storage, and disposal of hazardous materials, and encouragement of pollution prevention.

California Division of Occupational Safety and Health
Like OSHA at the federal level, the California Division of Occupational Safety and Health (CalOSHA) is the responsible state-level agency for ensuring workplace safety. The CalOSHA assumes primary responsibility for the adoption and enforcement of standards regarding workplace safety and safety practices. In the event that a site is contaminated, a Site Safety Plan must be crafted and implemented to protect the safety of workers. Site Safety Plans establish policies, practices, and procedures to prevent the exposure of workers and members of the public to hazardous materials originating from contaminated sites or buildings.

California Building Code
The California Building Standards Code (CBC), contained in Part 2 of Title 24 of the California Code of Regulations (CCR), identifies building design standards, including those for fire safety. The CBC is based on the International Building Code but has been amended for California conditions. The CBC is updated every 3 years and the current 2016 CBC went into effect January 1, 2017. It is effective state-wide but a local jurisdiction may adopt more restrictive standards based on local conditions under specific amendment rules prescribed by the State Building Standards Commission. Commercial and residential buildings are plan-checked by local city and county building officials for compliance with the CBC. Typical fire safety requirements of the CBC include the installation of fire sprinklers in all new residential, high rise, and hazardous materials buildings; the establishment of fire resistance standards for fire doors, building materials, and particular types of construction; and clearance of debris and vegetation within a prescribed distance from occupied structures in wildfire hazard areas.

California Emergency Management Agency
The California Emergency Management Agency (CalEMA) was established as part of the Governor’s Office on January 1, 2009—created by Assembly Bill (AB) 38 (Nava), which merged the duties, powers, purposes, and responsibilities of the former Governor’s Office of Emergency Services with those of the Governor’s Office of Homeland Security. The CalEMA is responsible for the coordination of overall State agency response to major disasters in support of local government. The agency is responsible for assuring the State’s readiness to respond to and recover from all hazards—natural, manmade, emergencies, and disasters—and for assisting local governments in their emergency preparedness, response, recovery, and hazard mitigation efforts.

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California Department of Forestry and Fire Protection
The California Department of Forestry and Fire Protection (CAL FIRE) has mapped fire threat potential throughout California.2 CAL FIRE ranks fire threat based on the availability of fuel and the likelihood of an area burning (based on topography, fire history, and climate). The rankings include no fire threat, moderate, high, and very high fire threat. Additionally, the CAL FIRE produced the 2012 Strategic Fire Plan for California, which contains goals, objectives, and policies to prepare for and mitigate for the effects of fire on California’s natural and built environments.3
California Fire Code
The California Fire Code (CFC), contained in Part 9 of CCR Title 24, incorporates by adoption the International Fire Code of the International Code Council, with California amendments. The CFC is updated every 3 years and the current 2016 CFC went into effect January 1, 2017. It is effective state-wide but a local jurisdiction may adopt more restrictive standards based on local conditions under specific amendment rules prescribed by the State Building Standards Commission. The California Fire Code regulates building standards set forth in the CBC, fire department access, fire protection systems and devices, fire and explosion hazards safety, hazardous materials storage and use, and standards for building inspection.

California Department of Transportation and California Highway Patrol Two State agencies have primary responsibility for enforcing federal and State regulations and responding to hazardous materials transportation emergencies: the California Highway Patrol (CHP) and the California Department of Transportation (Caltrans). Caltrans manages more than 50,000 miles of California’s highway and freeway lanes, provides intercity rail services, permits more than 400 public-use airports and special-use hospital heliports, and works with local agencies. Caltrans is also the first responder for hazardous material spills and releases that occur on those highway and freeway lanes and intercity rail services.

The CHP enforces hazardous materials and hazardous waste labeling and packing regulations designed to prevent leakage and spills of materials in transit and to provide detailed information to cleanup crews in the event of an accident. Vehicle and equipment inspection, shipment preparation, container identification, and shipping documentation are all part of the responsibility of the CHP, which conducts regular inspections of licensed transporters to assure regulatory compliance. In addition, the State regulates the transportation of hazardous waste originating or passing through the State.

Common carriers are licensed by the CHP, pursuant to the California Vehicle Code, Section 32000. This section requires licensing every motor (common) carrier who transports, for a fee, in excess of 500 2 California Department of Forestry and Fire Protection (CAL FIRE), http://www.fire.ca.gov/fire_prevention/ fire_prevention_wildland_zones_development.php, accessed December 2, 2014. 3 California Department of Forestry and Fire Protection (CAL FIRE), 2010 Strategic Fire Plan for California, http://cdfdata.fire.ca.gov/pub/fireplan/fpupload/fpppdf668.pdf , accessed June 26, 2017.

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pounds of hazardous materials at one time and every carrier, if not for hire, who carries more than 1,000 pounds of hazardous material of the type requiring placards. Common carriers conduct a large portion of the business in the delivery of hazardous materials.

Federal and State Hazardous Materials-Specific Programs and Regulations Asbestos-Containing Materials Regulations
Asbestos-containing materials (ACM) are materials that contain asbestos, a naturally occurring fibrous mineral that has been mined for its useful thermal properties and tensile strength. ACM is generally defined as either friable or non-friable. Friable ACM is defined as any material containing more than one percent asbestos. Friable ACM is more likely to produce airborne fibers than non-friable ACM, and can be crumpled, pulverized, or reduced to powder by hand pressure. Non-friable ACM is defined as any material containing one percent or less asbestos. Non-friable ACM cannot be crumpled, pulverized, or reduced to powder by hand pressure. When left intact and undisturbed, ACM does not pose a health risk to building occupants. Potential for human exposure occurs when ACM becomes damaged to the extent that asbestos fibers become airborne and are inhaled. Inhalation of asbestos airborne fibers can lead to various health problems, the most serious of which includes lung disease.

State-level agencies, in conjunction with the US EPA and OSHA, regulate removal, abatement, and transport procedures for ACMs. Releases of asbestos from industrial, demolition, or construction activities are prohibited by these regulations and medical evaluation and monitoring is required for employees performing activities that could expose them to asbestos. Additionally, the regulations include warnings that must be heeded and practices that must be followed to reduce the risk for asbestos emissions and exposure. Finally, federal, State, and local agencies must be notified prior to the onset of demolition or construction activities with the potential to release asbestos.

Lead-Based Paint
Lead-based paint (LBP), which can result in lead poisoning when consumed or inhaled, was widely used in the past to coat and decorate buildings. Lead poisoning can cause anemia and damage to the brain and nervous system, particularly in children. Like ACM, LBP generally does not pose a health risk to building occupants when left undisturbed; however, deterioration, damage, or disturbance will result in hazardous exposure. In 1978, the use of LBP was federally banned by the Consumer Product Safety Commission.

Therefore, only buildings built before 1978 are presumed to contain LBP, as well as buildings built shortly thereafter, as the phase-out of LBP was gradual.

CalOSHA’s Lead in Construction Standard is contained in Title 8, Section 1532.1 of the California Code of Regulations. The regulations address all of the following areas: permissible exposure limits (PELs); exposure assessment; compliance methods; respiratory protection; protective clothing and equipment; housekeeping; medical surveillance; medical removal protection (MRP); employee information, training, and certification; signage; record keeping; monitoring; and agency notification.

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Polychlorinated Biphenyls
The US EPA prohibited the use of polychlorinated biphenyls (PCBs) in the majority of new electrical equipment starting in 1979, and initiated a phase-out for much of the existing PCB-containing equipment.

The inclusion of PCBs in electrical equipment and the handling of those PCBs are regulated by the provisions of the TSCA, 15 United States Code Section 2601 et seq. Relevant regulations include labeling and periodic inspection requirements for certain types of PCB-containing equipment and outline highly specific safety procedures for their disposal. The State likewise regulates PCB-laden electrical equipment and materials contaminated above a certain threshold as hazardous waste; these regulations require that such materials be treated, transported, and disposed accordingly. At lower concentrations for non-liquids, regional water quality control boards may exercise discretion over the classification of such wastes.

Regional Agencies and Regulations
Central Valley Regional Water Quality Control Board
The Porter-Cologne Water Quality Act4 established the State Water Resources Control Board (SWRCB) and divided the state into nine regional basins, each under the jurisdiction of a Regional Water Quality Control Board (RWQCB). The Central Valley Region (Region 5) is the Regional Water Quality Control Board (Central Valley RWQCB), which regulates water quality in the Plan Area. The Central Valley RWQCB has the authority to require groundwater investigations when the quality of groundwater or surface waters of the state is threatened, and to require remediation actions, if necessary.

San Joaquin Valley Air Pollution Control District
The San Joaquin Valley Air Pollution Control District (SJVAPCD) has primary responsibility for control of air pollution from sources other than motor vehicles and consumer products (which are the responsibility of CalEPA and California Air Resources Board [CARB]). The SJVAPCD is responsible for preparing attainment plans for non-attainment criteria pollutants, control of stationary air pollutant sources, and the issuance of permits for activities involving air emissions, including demolition and renovation activities.

The SJVAPCD has regulations that require compliance with the asbestos demolition and renovation requirements developed by the US EPA in the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulation, 40 CFR, Part 61, Subpart M5 (San Joaquin Valley Pollution Control District Asbestos Bulletin 2012).
4 California Water Code Sections 13000 et seq.
5 San Joaquin Valley Air Pollution Control District (SJVAPCD), 2015. Asbestos Requirements for Demolition and Renovations, revised July 2015. https://www.valleyair.org/busind/comply/AssistanceDocuments/CAB_asbestos_july2006.pdf , accessed June 26, 2017.

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Fresno County Environmental Health Division
The FCEHD is the local Certified Unified Program Agency (CUPA)6 . A local CUPA is responsible for
administering/overseeing compliance with the following programs, as required by State and federal regulations:
 Hazardous Materials Release Response Plans and Inventories (Area Plans)  California Accidental Release Prevention (CalARP) Program  Underground Storage Tank Program (UST)
 Aboveground Petroleum Storage Act Requirements for Spill Prevention, Control and Countermeasure (SPCC) Plans (AST)
 Hazardous Waste Generator and Onsite Hazardous Waste Treatment (tiered permitting) Programs  California Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements
Facilities that store, use or handle hazardous materials above reportable amounts are required to prepare and file a Hazardous Materials Business Plan for the safe storage and use of chemicals. In the event of an emergency firefighters, health officials, planners, public safety officers, health care providers and others rely on the Business Plan. Implementation of the Business Plan should prevent or reduce damage to the health and safety of people and the environment when a hazardous material is released.

A Business Plan must be submitted by businesses that handle a hazardous material, or a mixture containing a hazardous material, in quantities equal to or greater than:
 500 pounds of a solid
 55 gallons of a liquid
 200 cubic feet of a compressed gas at standard temperature and pressure  The federal Threshold Planning Quantity (TPQ) for Extremely Hazardous Substances  Radioactive materials in quantities for which an Emergency Plan is required as per Parts 30, 40, or 70, Chapter 1 of Title 10 of Code of Federal Regulations
The Business Plan must include (1) the type and quantity of hazardous materials; (2) a site map; (3) the risks of using these materials; (4) spill prevention; (5) emergency response; (6) employee training, and (7) emergency contacts.

Businesses, such as photographic, chrome plating, or service stations, which generate small amount of hazardous waste or require underground storage of hazardous materials, require a permit from the division.
6 Fresno County Environmental Health Division (FCEHD), 2017. Fresno County Department of Environmental Health Website: http://www.co.fresno.ca.us/DivisionPage.aspx?id=2974 Accessed June 26, 2017.

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Fresno County Office of Emergency Services
The Fresno County Office of Emergency Services (OES) is a program located within the Department of Public Health, Environmental Health Division. Fresno County OES coordinates planning, preparedness, response and recovery efforts for disasters occurring within the unincorporated area of the County.

Fresno County OES coordinates the development and maintenance of the Fresno County Operational Area Master Emergency Services Plan. This Plan serves as a guide for the County's response to emergencies/disasters in the unincorporated areas of the County. The purpose of this plan is to ensure the most effective and economical use of all resources, material and manpower, for the maximum benefit and protection of effected populations in an emergency/disaster.7 Each of the fifteen incorporated cities in the County of Fresno maintains an Office of Emergency Services function for their incorporated areas and coordinates with the County Office of Emergency Services regarding disaster preparedness, response and recovery activities.

The county Emergency Response Team (ERT) provides assistance to the public and other agencies by responding to hazardous materials spills and accidents, and to non-business hours emergencies.

Situations may occur in all Environmental Health program areas. Examples include:
 Food and water borne illness investigations
 Hazardous materials spills and accidents
 Clandestine drug labs
 Pesticide exposures
Airport Land Use Compatibility Plans
Requirements for creation of airport land use commissions were first established under the California State Aeronautics Act (Public Utilities Code Section 21670, et seq.) in 1967. The fundamental purpose of the Airport Land Use Commission (ALUC or Commission) is to promote land use compatibility around airports and is expressed in the statute as:
“… to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.”
The statutes give ALUC’s the following powers and duties, subject to limitations, by which to accommodate the following:
 Assist local agencies in ensuring compatible land uses in the vicinity of airports to the extent that land in the vicinity of the airport is not already devoted to incompatible uses. 7 Fresno County OES, 2016. Website: http://www.co.fresno.ca.us/DivisionPage.aspx?id=70251 , accessed June 26, 2017.

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 Coordinate planning at the State, regional and local level, so as to provide for the orderly development of air transportation, while at the same time protect public health, safety and welfare.  Prepare and adopt airport land use compatibility plans.

The City of Fresno developed a Compatibility Land Use Plan (CLUP) for the Fresno-Chandler Executive Airport (FCH), which is located adjacent to (and northwest of) the Plan Area. The FCH Airport Influence Area (AIA) encompasses portions of the Plan Area. The CLUP was most recently revised September 15, 2014.

Local Regulations
Citywide Development Code (Chapter 15 of the Municipal Code) Like most cities, Fresno has a Citywide Development Code (CDC), also known as the Zoning Ordinance.

The Code is the constitution of the City. It provides rules for development which ensure that Fresno’s growth will take place in an attractive, orderly manner. On December 3, 2015 the City of Fresno adopted a new Development Code8
. This code is known as Chapter 15 of the Fresno Municipal Code and replaced the former code in its entirety. It establishes new zone districts, permitted uses, development standards, and procedures in a contemporary, well-organized, and comprehensive manner. The new code reflects contemporary planning and business practices and sets clear criteria for new development. Proposals that conform to the new vision will have a streamlined approval process designed to boost economic development. In addition, infill development will be more feasible in Fresno under the new Development Code, designed for balanced growth in the future.

Article 25 (Performance Standards) of the CDC has the following purposes: 1) Establish permissible limits and allow objective measurement of nuisances, hazards, and objectionable conditions; and 2) Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions. The General Standard of Article 25 is stated as follows: “Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious conditions, chemical fires, explosive, blight, or other hazards that could adversely affect the surrounding area.” Article 27 (Standards for Specific Uses and Activities) of the CDC states: “The purpose of this article is to establish standards for specific uses and activities that are permitted or conditionally permitted in some or all districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.” This article specifies regulation governing the operation of various typed of facilities and activities, including hazardous waste management facilities, recycling facilities, and hazardous materials storage activities.
8 Fresno Municipal Code Chapter 15, Citywide Development Code, December 2016, https://www.fresno.gov/darm/wpcontent/uploads/sites/10/2016/11/Complete_Code_March_2017.pdf.

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Section 15-2727, Development of Former Landfill Sites and Hazardous Sites, states “A Conditional Use Permit shall be required for the development of all former Landfill Sites and other sites deemed hazardous, regardless of the proposed use. As part of the application, the applicant shall at a minimum, provide a geotechnical report that provides a complete analysis of on-site soil conditions, fault hazards, underground water conditions, and recommendations as well as a post-closure plan that outlines remediation measures. Applicants shall comply with all State and federal regulations related to operation, post-closure remediation, and monitoring.”
City of Fresno Municipal Code
In addition to Chapter 15 described above, various other provisions of the City of Fresno Municipal Code are relevant to hazards and hazardous materials.

Chapter 10, Regulations Regarding Public Nuisances and Real Property Conduct and Use, includes Article 14, Hazardous Spills Expense Recovery. The intent of Article 14 is stated as follows: “Surface waters, groundwater, soils, vegetation, and atmosphere inside the City of Fresno are susceptible to damage from the handling, storage, use, processing and disposal of hazardous material and the expense incurred by the taxpayers as a result of the City of Fresno or its Designee having to respond in an emergency to protect life, property and the environment when there has been a release of hazardous materials should be recovered from the person responsible for the emergency.” In conjunction with Chapter 15, Article 27 of the City of Fresno Municipal Code, Article 14 pertains to the recovery of expenses associated with hazardous spills. Specifically, the code states that “Any person causing a release or threatened release which results in an emergency action shall be liable to the City of Fresno for the recoverable costs resulting from the emergency action.”
Chapter 11, Building Permits and Regulations, includes Article 2, Section 11-218, Debris and Excavations, which requires of demolition projects that the permit holder properly cap the sanitary sewer house connection, and to properly fill or otherwise protect all basements, cellars, septic tanks, wells, and other excavations, and said lot or parcel shall be left level and in a condition to be disked for control of weeds.

Fresno General Plan
The Fresno General Plan works in tandem with the Citywide Development Code and outlines various goals, objectives, and implementing policies relevant to hazards and hazardous materials in the Safety and Noise Element. This element addresses the risks posed by geologic hazards, wildland fire, hazardous materials, and flooding. It also discusses emergency response, safety service response standards, and evacuation routes. The objectives and policies relevant to the proposed Plan are listed in Table 4.8-1.

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TABLE 4.8-1 FRESNO GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO HAZARDS AND HAZARDOUS MATERIALS Objective/
Policy Number Objective/Policy Text
Noise and Safety (NS) Element – Hazardous Materials
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 Uniform 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 maintaining 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 groundwater contamination whenever justified by past site uses. Require appropriate mitigation as a condition of project approval in the event soil or groundwater contamination is identified or could be encountered during site development.

Policy NS-4-d
Site Identification. Continue to aid federal, State, and County agencies in the identification and mapping of waste disposal sites (including abandoned waste sites), and to assist in the survey of the kinds, amounts, and locations of hazardous wastes.

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 to be designed, constructed, and operated in accordance with applicable materials and waste management laws and regulations.

Policy NS-4-g
Hazmat Response. Include policies and procedures appropriate to hazardous materials in the City’s disaster and emergency response preparedness and planning, coordinating with implementation of Fresno County’s Hazardous Materials Incident Response Plan.

Policy NS-4-h Household Collection. Continue to support and assist with Fresno County’s special household hazardous waste collection activities, to reduce the amount of this material being improperly discarded.

Policy NS-4-i Public Information. Continue to assist in providing information to the public on hazardous materials.

Noise and Safety (NS) Element – Airport Safety
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.

Policy NS-5-c
Avigation Easements. Employ avigation easements in order to secure and protect airspace required for unimpeded operation of publicly owned airports. [Commentary: Avigation easements are established in the form of land use covenants and are binding upon present and subsequent property owners.]

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TABLE 4.8-1 FRESNO GENERAL PLAN OBJECTIVES AND POLICIES RELEVANT TO HAZARDS AND HAZARDOUS MATERIALS Objective/
Policy Number Objective/Policy Text
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.

Noise and Safety (NS) Element – Emergency Response
Objective NS-6 Foster an efficient and coordinated response to emergencies and natural disasters.

Policy NS-6-a
County Multi-Jurisdiction Hazard Mitigation Plan. Adopt and implement the Fresno County Multi-Jurisdiction Hazard Mitigation Plan and City of Fresno Local Hazard Mitigation Plan Annex. [Commentary: The federal Disaster Mitigation Act of 2000 requires that cities, counties, and special districts have a Local Hazard Mitigation Plan to be eligible to receive FEMA hazard mitigation funds. Cities and counties can adopt and use all or part of a regional multi-jurisdictional plan, such as the one prepared by Fresno County, in lieu of preparing all or part of a Local Hazard Mitigation Plan.] 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. [Commentary: The evacuation plan will be flexible in order to consider many scenarios and multiple modes of transportation beyond private automobiles. It will provide special provisions for disadvantaged populations, such as those with physical disabilities or those with low or very low incomes, and for areas with fewer resources through neighborhood emergency preparedness programs.]
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.

Source: City of Fresno General Plan 2014-2024, adopted 2014.

SOUTHWEST FRESNO SPE CIFIC PLAN DRAFT EIR

CITY OF FRESNO

HAZARDS AND HAZARDOUS MATERIALS

4.8-16 AUGUST 2017

4.8.1.2 EXISTING CONDITIONS
This section describes existing conditions in the Plan Area related to hazardous materials, schools, airport hazards, and wildland fires.

Plan Area Land Uses
The Plan Area is roughly 3,255 acres in size and lies within the southwestern most part of the City of Fresno, within Fresno County (see Figure 3-1). The Plan Area is bounded by Highway 180 in the north and by Highway 41 in the east (see Figure 3-2). The Plan Area does not include the Downtown Neighborhoods Community Plan Area, nor does it include the land currently in Fresno County that is considered within the Sphere of Influence (SOI) of the City’s General Plan. The county land in the SOI is anticipated to become part of the City of Fresno in the future. However, as shown in Figure 3-2 there is one area in the SOI that is part of the Plan Area: the Martin Luther King Junior Boulevard (MLK) Activity Center, identified as one of the “Magnet Cores” in the proposed Plan. Although the MLK Activity Center is currently located on SOI land, it was included into the Plan Area because it was surrounded by the Plan Area and its role in providing retail and services to the Southwest Fresno community.

Initially agricultural land, Southwest Fresno has gradually transitioned with more residential, industrial, and commercial uses dispersed throughout. Today, Southwest Fresno is made up of a patchwork of land uses that abut each other, such as existing subdivisions, industry, and farmland. Many pockets of residential land uses are adjacent to vacant land, agriculture, and/or industrial uses. Incompatible land uses are located near one another, including truck routes, noise or odor-producing industrial facilities, and land with hazardous materials. The area within the City’s SOI contains a significant amount of vacant land that is residentially designated, but the area has not yet exhibited much market demand to develop typical suburban neighborhoods with desired commercial and retail services.

Hazardous Materials Sites
California Government Code Section 65962.5 requires the CalEPA to compile, maintain, and update specified lists of hazardous material release sites. The California Environmental Quality Act (CEQA; California Public Resources Code Section 21092.6) requires the lead agency to consult the lists compiled pursuant to Government Code Section 65962.5 to determine whether the project and any alternatives are identified on any of the following lists:
 EPA NPL: The US EPA’s National Priorities List includes all sites under the US EPA’s Superfund program, which was established to fund cleanup of contaminated sites that pose risk to human health and the environment.
 EPA CERCLIS and Archived Sites: The US EPA’s Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), includes a list of 15,000 sites nationally identified as hazardous sites. This would also involve a review for archived sites that have been removed from CERCLIS due to No Further Remedial Action Planned (NFRAP) status.

SOUTHWEST FRESNO SPE CIFIC PLAN DRAFT EIR

CITY OF FRESNO

HAZARDS AND HAZARDOUS MATERIALS
PLACEWORKS 4.8-17
 EPA RCRIS (RCRA Info): The Resource Conservation and Recovery Act Information System (RCRIS or RCRA Info) is a national inventory system about hazardous waste handlers. Generators, transporters, handlers, and disposers of hazardous waste are required to provide information for this database.  DTSC Cortese List: The DTSC maintains the Hazardous Waste and Substances Sites (Cortese) list as a planning document for use by the State and local agencies to comply with the CEQA requirements in providing information about the location of hazardous materials release sites. This list includes the Site Mitigation and Brownfields Reuse Program Database (CalSites).  DTSC HazNet: The DTSC uses this database to track hazardous waste shipments.  SWRCB LUSTIS: This stands for the Leaking Underground Storage Tank Information System (LUST or LUSTIS) and the SWRCB maintains an inventory of USTs and leaking USTs, which tracks unauthorized releases.

The required list of hazardous material release sites are commonly referred to as the “Cortese List” after the legislator who authorized the legislation. Because the statute was enacted more than 20 years ago, some of the provisions refer to agency activities that were conducted many years ago and are no longer being implemented and, in some cases the information required in the Cortese List does not exist. Those requesting a copy of the Cortese List are now referred directly to the appropriate information resources contained on internet websites hosted by the boards or departments referenced in the statute, including DTSC’s online EnviroStor9 database and the SWRCB’s online GeoTracker database.10 These two databases include hazardous material release sites, along with other categories of sites or facilities specific to each agency’s jurisdiction.

EnviroStor
The EnviroStor database, maintained by the DTSC, identifies sites that have known contamination or sites for which there may be reasons to investigate further. The database includes federal Superfund sites (from the National Priorities List); State response sites, voluntary cleanup sites; school investigation and cleanup sites; corrective action sites; and tiered California permit sites. It also includes sites that are being investigated for suspected but unconfirmed contamination. A search of this database, on July 5, 2017, found eight listed facilities within the Plan Area, as listed in Table 4.8-2, and as shown on Figure 4.8-1.

GeoTracker
The GeoTracker database, maintained by the SWRCB, lists a range of types of hazardous materials sites that could affect groundwater quality, including leaking underground storage tank (LUST) sites, cleanup program sites, land disposal sites, and military sites. A search of this database on July 5, 2017 for the Plan Area found the facilities listed in Table 4.8-3, and as shown on Figure 4.8-1. 9 DTSC Envirostor, https://www.envirostor.dtsc.ca.gov/public/. 10 SWRCB GeoTracker, https://geotracker.waterboards.ca.gov/. 1-4 Southwest Fresno Specific Plan

WEST AVE

TULARE S
G
T
ST

PLUMAS ST

PICKFORD AVE

CALIFORNIA AVE

CRYSTAL AVE

C A L IFORN I A CT

DIVISADERO ST

TEILMAN AVE

MARKS AVE

MERCED ST

VAGEDES AV E
R ST

LOS ANGELES ST

NICHOLAS AVE
C ST

ATCHISON ST

MONTER EY ST

BRALY AVE

TUOLUMNE ST
A ST

SAN BENITO ST

STANISLAUS ST

OLEANDER AVE

WOODWARD AVE
M ST

CALAVERAS ST

BROADWAY PLZ

VENTURA ST

RAILROAD AVE

ARTHUR AVE

MARIPOSA ST

SANTA FE AVE

PARKWAY DR

ROOSEVELT AVE

ANNA ST

KEARNEY BLVD

NIELSEN AVE

BLACKSTONE AVE

BELGRAVIA AVE

ILLINOIS AVE

GRANT AVE

HOLLY AVE

CLARA AVE

WOODWARD AVE

LEAD AVE

LILY AVE
H ST

BLOSSER AVE

AMADOR ST
E ST

WATERMAN AVE

MAYOR AVE
U ST

KLETTE AVE

MARIPOSA ST

JONES AVE

IRWIN AVE

KERN ST

INYO ST

MONO ST

SANTA CLARA ST

HA B ITAT A VE

STROTHER AVE

GEORGE AVE

IVY AVE
O ST

ILA AVE

FAIRVIEW AVE

CALWA AVE
B ST

LORENA AVE

BURNS AVE

KNIGHT AVE

CHURCH RD

DUNN AVE

ARTHUR AVE

BELG RAV IAAVE

DELNOAVE

FRUIT AVE

EL DORADO ST

CHERRY AVE

PACIFIC AVE

FULTON MALL

DAN RONQU IL LO D R

TUPMAN ST

CAPITOL ST
T ST
E

LEMON AVE

ONE IL AVE

GENEVA AVE

SAN JOAQUIN ST

CHINA ALY
F ST

EUNICE AVE

HOME RUN ALY
L ST

COLLINS AVE
S ST

A/B ALY

FAGAN ALY
Q ST

HAWESAVE

WELLER ST

FERGER AVE

POPPY AVE

HUMBOLDT AVE

MYERS AVE

GEARY ST

VALENCIA AVE

WAYTE LN

EDEN AVE

BYRD AVE

KAVILAND AVE

GROVE AVE

CHURCH AVE

GARRETT AVE

NAPA AVE

FLORENCE AVE

LOTUS AVE

VALENTINE AVE

T E IL M A N I C R

FARRIS AVE

FERGER/PALM ALY

EDGAR AVE

PLEASANT AVE

MADISON AVE

VINE AVE

DOROTHY AVE

AIRPORT RD

LAFAYETTE AVE

GOLDEN STATE BLVD

SAMSON AVE

WALNUT AVE

FRUIT AVE

VAN NESS AVE

HUGHES AVE

TRINITY ST

THORNE AVE

MODOC ST

CHANNINGWAY

FULTON ST

BARDELL ST

FRESNO ST POTTLE AVE

ECHO AVE

MARTIN AVE

MAUD AVE

LA S IERRA DR
P ST
N ST

CHANDLER AVE LEE AVE

ROSE AVE

M ADDY DR

PALM AVE

COL LEGE V/ A N NESS ALY

KIRK ST

SARAH ST

GLENN/SAN PABLO ALY

NORTH AVE

ANNADALE AVE

ALMY AVE

ROY AVE

BROADWAY

STEPHENS AVE

ROEDING DR
41 41
180
99 99
0 0.25mi 0.25mi
FIGURE 1-2 Plan Area Map
Sphere of Influence
City Limit
Plan Area
Source: City of Fresno

MARKS AVE

JENSEN AVE

CHURCH AVE

MADISON AVE

KEARNEY BLVD
H

FRUIT AVE

WALNUT AVE

ELM AVE

UGHES AVE

HUGHES AVE

WEST AVE

VALENTINE AVE ANNADALE AVE

NORTH AVE

MARKS AVE

CALIFORNIA AVE

WHITES BRIDGE AVE
MLK JR. BLVD FIG AVE
FIGURE 1-2 Plan Area Map

WEST AVE
G
ST

PLUMAS ST

PICKFORD AVE

CALIFORNIA AVE

CRYSTAL AVE

C A L IFORN I A CT

TEILMAN AVE

MERCED ST

VAGEDES AV E
C ST

ATCHISON ST

TUOLUMNE ST
A ST

STANISLAUS ST

OLEANDER AVE

ARTHUR AVE

KEARNEY BLVD

CLARA AVE

WOODWARD AVE

LEAD AVE

BLOSSER AVE

AMADOR ST
E ST

WATERMAN AVE

MAYOR AVE

KLETTE AVE

MARIPOSA ST

JONES AVE

IRWIN AVE

KERN ST

HA B ITAT A VE

STROTHER AVE

GEORGE AVE

ILA AVE

FAIRVIEW AVE

CALWA AVE
B ST

LORENA AVE

BURNS AVE

KNIGHT AVE

CHURCH RD

BELG RAV IAAVE

DELNOAVE

TUPMAN ST
E

LEMON AVE

ONE IL AVE

SAN JOAQUIN ST
F ST

COLLINS AVE

A/B ALY
FAGAN

HAWESAVE

WELLER ST

MYERS AVE

GEARY ST

VALENCIA AVE

EDEN AVE

BYRD AVE

KAVILAND AVE

GROVE AVE

CHURCH AVE

GARRETT AVE

FLORENCE AVE

T E IL M A N I C R

FARRIS AVE

MADISON AVE

AIRPORT RD

LAFAYETTE AVE

SAMSON AVE

WALNUT AVE

FRUIT AVE

HUGHES AVE

TRINITY ST

THORNE AVE

MODOC ST

CHANNING
WAY

BARDELL ST

FRESNO ST POTTLE AVE

MARTIN AVE

MAUD AVE

LA S IERRA DR

CHANDLER AVE LEE AVE

NORTH AVE

ALMY AVE

ROY AVE

STEPHENS AVE

ROEDING DR
0 0.25mi 0.25mi
FIGURE 1-2 Plan Area Map
Sphere of Influence
City Limit
Plan Area

JENSEN AVE

CHURCH AVE

MADISON AVE

KEARNEY BLVD
H

FRUIT AVE

WALNUT AVE
U
G
HES A
VE
WEST A
VE

ANNADALE AVE

NORTH AVE

MARKS A
VE

CALIFORNIA AVE

WHITES BRIDGE AVE
MLK JR. BLVD FIG AVE
Specific Plan Boundary Envirostor (DTSC) Hazardous Material Site City Boundary GeoTracker (RWQCB) Hazardous Material Site

SOUTHWEST FRESNO SPECIFIC PLAN EIR

CITY OF FRESNO
GeoTracker-and Envirostor-Listed Hazardous Material Sites in Plan Area Figure 4.7-1 0 Miles 0.75
N
Source: City of Fresno
Envirostor (DTSC) and GeoTracker (RWQCB) Hazardous Material Site

VALENTINE AVE

MARKS AVE
City of Fresno
Unincorporated
Fresno County
Sphere of Influence
G1
E1
G2, E3
E5
E6
G7
E7
G8
G9
G10
G11 G12
G13
G14
G1
E1 G2
E2
G3
E4 G5 G4
G6
E8
E3 G15
1-4 Southwest Fresno Specific Plan

WEST AVE

TULARE S
G
T
ST

PLUMAS ST

PICKFORD AVE

CALIFORNIA AVE

CRYSTAL AVE

C A L IFORN I A CT

DIVISADERO ST

TEILMAN AVE

MARKS AVE

MERCED ST

VAGEDES AV E
R ST

LOS ANGELES ST

NICHOLAS AVE
C ST

ATCHISON ST

MONTER EY ST

BRALY AVE

TUOLUMNE ST
A ST

SAN BENITO ST

STANISLAUS ST

OLEANDER AVE

WOODWARD AVE
M ST

CALAVERAS ST

BROADWAY PLZ

VENTURA ST

RAILROAD AVE

ARTHUR AVE

MARIPOSA ST

SANTA FE AVE

PARKWAY DR

ROOSEVELT AVE

ANNA ST

KEARNEY BLVD

NIELSEN AVE

BLACKSTONE AVE

BELGRAVIA AVE

ILLINOIS AVE

GRANT AVE

HOLLY AVE

CLARA AVE

WOODWARD AVE

LEAD AVE

LILY AVE
H ST

BLOSSER AVE

AMADOR ST
E ST

WATERMAN AVE

MAYOR AVE
U ST

KLETTE AVE

MARIPOSA ST

JONES AVE

IRWIN AVE

KERN ST

INYO ST

MONO ST

SANTA CLARA ST

HA B ITAT A VE

STROTHER AVE

GEORGE AVE

IVY AVE
O ST

ILA AVE

FAIRVIEW AVE

CALWA AVE
B ST

LORENA AVE

BURNS AVE

KNIGHT AVE

CHURCH RD

DUNN AVE

ARTHUR AVE

BELG RAV IAAVE

DELNOAVE

FRUIT AVE

EL DORADO ST

CHERRY AVE

PACIFIC AVE

FULTON MALL

DAN RONQU IL LO D R

TUPMAN ST

CAPITOL ST
T ST
E

LEMON AVE

ONE IL AVE

GENEVA AVE

SAN JOAQUIN ST

CHINA ALY
F ST

EUNICE AVE

HOME RUN ALY
L ST

COLLINS AVE
S ST

A/B ALY

FAGAN ALY
Q ST

HAWESAVE

WELLER ST

FERGER AVE

POPPY AVE

HUMBOLDT AVE

MYERS AVE

GEARY ST

VALENCIA AVE

WAYTE LN

EDEN AVE

BYRD AVE

KAVILAND AVE

GROVE AVE

CHURCH AVE

GARRETT AVE

NAPA AVE

FLORENCE AVE

LOTUS AVE

VALENTINE AVE

T E IL M A N I C R

FARRIS AVE

FERGER/PALM ALY

EDGAR AVE

PLEASANT AVE

MADISON AVE

VINE AVE

DOROTHY AVE

AIRPORT RD

LAFAYETTE AVE

GOLDEN STATE BLVD

SAMSON AVE

WALNUT AVE

FRUIT AVE

VAN NESS AVE

HUGHES AVE

TRINITY ST

THORNE AVE

MODOC ST

CHANNINGWAY

FULTON ST

BARDELL ST

FRESNO ST POTTLE AVE

ECHO AVE

MARTIN AVE

MAUD AVE

LA S IERRA DR
P ST
N ST

CHANDLER AVE LEE AVE

ROSE AVE

M ADDY DR

PALM AVE

COL LEGE V/ A N NESS ALY

KIRK ST

SARAH ST

GLENN/SAN PABLO ALY

NORTH AVE

ANNADALE AVE

ALMY AVE

ROY AVE

BROADWAY

STEPHENS AVE

ROEDING DR
41 41
180
99 99
0 0.25mi 0.25mi
FIGURE 1-2 Plan Area Map
Sphere of Influence
City Limit
Plan Area
Source: City of Fresno

MARKS AVE

JENSEN AVE

CHURCH AVE

MADISON AVE

KEARNEY BLVD
H

FRUIT AVE

WALNUT AVE

ELM AVE

UGHES AVE

HUGHES AVE

WEST AVE

VALENTINE AVE ANNADALE AVE

NORTH AVE

MARKS AVE

CALIFORNIA AVE

WHITES BRIDGE AVE
MLK JR. BLVD FIG AVE
FIGURE 1-2 Plan Area Map

WEST AVE

PLUMAS ST

PICKFORD AVE

CALIFORNIA AVE

CRYSTAL AVE

C A L IFORN I A CT

TEILMAN AVE

MERCED ST

VAGEDES AV E

ATCHISON ST
A ST

OLEANDER AVE

ARTHUR AVE

KEARNEY BLVD

WOODWARD AVE

LEAD AVE

BLOSSER AVE

WATERMAN AVE
M

KLETTE AVE

MARIPOSA

JONES AVE

IRWIN AVE

HA B ITAT A VE

STROTHER AVE

ILA AVE

FAIRVIEW AVE
B ST

LORENA AVE

KNIGHT AVE

CHURCH RD

BELG RAV IAAVE

DELNOAVE
E

LEMON AVE

SAN JOAQUIN ST
CO

HAWESAVE

MYERS AVE

GEARY ST

VALENCIA AVE

EDEN AVE

KAVILAND AVE

GROVE AVE

CHURCH AVE

FLORENCE AVE

T E IL M A N I C R

FARRIS AVE

MADISON AVE

AIRPORT RD

LAFAYETTE AVE

WALNUT AVE

FRUIT AVE

HUGHES AVE

TRINITY ST

THORNE AVE

MODOC ST

CHANNING
WAY

POTTLE AVE

MARTIN AVE

MAUD AVE

LA S IERRA DR

CHANDLER AVE LEE AVE

STEPHENS AVE

DING DR
0 0.25mi 0.25mi
FIGURE 1-2 Plan Area Map
Sphere of Influence
City Limit
Plan Area

JENSEN AVE

CHURCH AVE

MADISON AVE

KEARNEY BLVD
H

FRUIT AVE

WALNUT AVE
U
G
HES A
VE
WEST A
VE

ANNADALE AVE

NORTH AVE

MARKS A
VE

CALIFORNIA AVE
MLK JR

BLVD FIG AVE
Specific Plan Boundary Envirostor (DTSC) Hazardous Material Site City Boundary GeoTracker (RWQCB) Hazardous Material Site

SOUTHWEST FRESNO SPECIFIC PLAN EIR

VALENTINE AVE

MARKS AVE
City of Fresno
Unincorporated
Fresno County
Sphere of Influence
G1
E1
G2, E3
E5
E6
G7
E7
G8
G9
G10
G11 G12
G13
G14
G1
E1 G2
E2
G3
E4 G5 G4
G6
E8
E3 G15
0 Scale (Miles)
.75 Source: PlaceWorks, 2017.

Figure 4.8-1
Hazardous Materials Sites

SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR

CITY OF FRESNO

HAZARDS AND HAZARDOUS MATERIALS

PLACEWORKS

SOUTHWEST FRESNO SPE CIFIC PLAN DRAFT EIR

CITY OF FRESNO

HAZARDS AND HAZARDOUS MATERIALS
PLACEWORKS 4.8-19
TABLE 4.8-2 ENVIROSTOR SITES IN THE PLAN AREAa
Site
No. Site Name; Address Site Description; Size
Contaminants of
Concern (COCS) Cleanup Status
E1 Commercial
Electroplaters; 2940 Elm
Ave
Former electroplating
operation; 2.28 acres.

Chrome, cadmium,
cyanide, etc.

Active. Seeking remedial action
work plan approval from DTSC
E2 West Fresno Middle
School Site; Corner of
Annadale and MLK Blvd
Former school site on
former agricultural land;

23.8 acres.

Arsenic, pesticides,
(DDT, etc.)
Inactive. No Further Action as of
6/23/2000
E3 Fresno Sanitary Landfill;
SW corner of Jensen and
West Avenues
Federal NPL (“Superfund”)
site (former sanitary and
hazardous waste landfill);
~129 acres.

VOCsb, (PCEc, etc.),
metals, etc.

Active. Landfill gas control, surface
water management and
groundwater remediation ongoing.

Land Use Covenant (3/23/2012)
between DTSC and city of Fresno
established future land use
restrictions.

E4 Fresno Battery Exchange;
1403 Jensen Ave
Former battery recycler; ~
1 acre of contaminated
land
Lead. Certified (6/29/2012). Site has
been remediated to residential
cleanup standards. DTSC asserts a
lien ($1,451,922) on property.

E5 Church and Fruit
Junkyard; NE corner
Church and Fruit Avenues
Abandoned salvage yard
and landfill; 2.6 acres
Lead, other heavy
metals, PCBs
Certified (12/1/2009). Remediation
completed; cap installed. Covenant
between DTSC and city of Fresno
established land use restrictions,
originally in place as of 3/1/1994,
and reaffirmed 5/29/2014 without
the groundwater monitoring
requirement.

E6 Fresno Drum; 700 and 733
South Hughes Avenue
Former chemical storage
and sales business; ~ 1.6
acres
Potential
contaminants:

VOCs, metals, PCBs,
etc.

Inactive. A 9/13/2013 RWQCB
letter indicates site contaminants
do not appear to pose a threat to
human health or groundwater for
the western portion (700 Hughes).

However, DTSC lists the overall site
as “Needs evaluation as of
10/19/2011”. DTSC indicates Site
Screening is due 07/17/2017.

E7 Westside Auto
Dismantler, AKA SR 180
Realignment; 2640 West
Whitesbridge Road
Auto dismantling
operation, a portion of
which Caltrans is acquiring ;
~4 acres
Lead Certified O&M (9/14/2011). Land
Use restrictions as of 6/19/2009;
commercial/industrial land uses
allowed. Voluntary Caltrans
cleanup.

E8 Southwest Fresno Middle
School Site; SE corner of
Church Ave and MLK Blvd
Proposed school site on
former agricultural land;

23.8 acres.

Arsenic, pesticides,
(DDT, etc.)
Certified. No Further Action as of
12/19/2012
a. See Figure 4.8-1 or EnviroStor ( https://www.envirostor.dtsc.ca.gov/public/ ) for Site locations b. VOCs = Volatile Organic Compounds
c. PCE = Tetrachloroethylene
Source: DTSC Envirostor.

SOUTHWEST FRESNO SPE CIFIC PLAN DRAFT EIR

CITY OF FRESNO

HAZARDS AND HAZARDOUS MATERIALS

4.8-20 AUGUST 2017
EDR Database of Hazardous Materials Sites
A proprietary database report was obtained from EDR® that identified federal, State and local agencylisted sites of potential environmental interest within the Plan Area. The EDR database report identifies a wide range of hazardous materials use and contamination cleanup sites, including a federal “Superfund” site, various leaking underground storage tanks (LUST sites), and numerous small and large quantity generators of hazardous waste, etc.

The search boundary of the EDR report was consistent with the search boundaries established in accordance with the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (E 1527-13), approved November 1, 2013. Thus, the EDR report includes federal, State, and local environmental database information within the Plan Area, as well as within ASTM-specified distances (up to one mile) from the Plan Area. The EDR report is reproduced in Appendix E.

The EDR report in Appendix E includes a “Key Map” figure (Key Map, EDR DataMap – Environmental Atlas, Southwest Fresno Specific Plan) showing the location of each listed site of environmental interest in the Plan Area, and within the ASTM search boundaries (up to one mile) around the Plan Area. Because the size of the Plan Area results in a relatively large-scale Key Map, the EDR report also includes 22 “focus maps” (Focus Map 1 through Focus Map 22), each one square-mile, showing the listed sites of environmental interest in each Focus Map area. Following each Focus Map in the EDR report is a summary description (“Focus Map Summary”) of the number of each type of environmental site (e.g., LUST, small quantity hazardous waste generator, etc.) plotted on each map. The environmental sites plotted on each Focus Map (and on the Key Map) are number coded with a Map ID. Following each Focus Map Summary in the EDR report is a detailed array of database information (“Map Findings”) for each environmental site of interest on that Focus Map, keyed to and presented sequentially by the Map ID number.

Hundreds of environmental sites are plotted within the Plan Area and within the ASTM search area boundaries, as shown in the EDR report (Appendix E). Many of the listed sites are for relatively innocuous categories, such as the 133 HAZNET sites (which are identified based on information extracted from the copies of hazardous waste transportation manifests received each year by the DTSC) and the 31 RCRA small quantity generators (SQG) of hazardous waste (the RCRA-SQG database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act [RCRA]). Other EDR-listed sites represent relatively greater potential environmental concern, such as the Fresno Sanitary Landfill (a Federal National Priorities List [NPL] “Superfund” cleanup site) and Commercial Electroplaters (an active/open DTSC cleanup site); both of these sites are also identified in the GeoTracker and EnviroStor databases. In general, the Geotracker and EnviroStor data bases (as summarized above in Tables 4.8-2 and 4.8-3) comprise the environmental sites of greatest potential concern in the EDR database.

Summary
As outlined above, the Plan Area encompasses various contaminated sites that have released hazardous materials and required remediation and involvement by local, State and federal agencies. The Fresno Sanitary Landfill is a federal Superfund site. Fresno Battery, Fresno Drum, and Commercial Electroplaters

SOUTHWEST FRESNO SPE CIFIC PLAN DRAFT EIR

CITY OF FRESNO

HAZARDS AND HAZARDOUS MATERIALS
PLACEWORKS 4.8-21
TABLE 4.8-3 GEOTRACKER SITES IN THE PLAN AREAa
Site
No. Site Name; Address Site Description; Size
Contaminants of
Concern (COCS) Cleanup Status
G1 North and Elm Excavation;
corner of North and Elm
Avenues
Construction workers
became ill after chemical
vapor exposure; NA
Benzene Completed. Case Closed
(8/6/2003). Remediation by
excavation of contaminated soil
(2/23/2003)
G2 Commercial Electroplaters; 2940
Elm Ave
Former electroplating
operation; 2.28 acres.

Chrome, cadmium,
cyanide, etc.

Open. Site Assessment. Active
DTSC lead site. Seeking remedial
action work plan approval from
DTSC
G3 Myrtle Harper; 2632 Elm Ave LUST cleanup site. Gasoline Completed. Case Closed (3/26/2002). Local agency lead:

Fresno County
G4 Jantz Trucking; 2006 Jensen Ave
W. LUST cleanup site Diesel
Completed. Case Closed
(6/23/1993). Local agency lead:

Fresno County
G5 Former Fresno Battery Exchange
Facility; 1403 Jensen Ave
Former battery recycler; ~ 1
acre of contaminated land
Lead. Certified (6/29/2012) by DTSC;
lead agency. Site has been
remediated to residential
cleanup standards. DTSC asserts
a lien ($1,451,922) on property.

RWQCB lists site as Open-site
Assessment (as of 10/31/2001)
G6 J & C Food and Gas; 2394 Elm
Ave
LUST cleanup site Gasoline Completed. Case Closed
(10/13/2014).

G7 Church and Fruit Junkyard; NE
corner of Church and Fruit
Avenues
Abandoned salvage yard
and landfill; 2.6 acres
Lead, other heavy
metals, PCBs
Completed. Case Closed
(5/9/1989) DTSC certified
cleanup complete (12/1/2009).

Covenant between DTSC and city
of Fresno established land use
restrictions, originally in place as
of 3/1/1994, and reaffirmed
5/29/2014 without the
groundwater monitoring
requirement.

G8 Auto Dismantler (former); 317
California Ave
Auto dismantling operation
(former; 1950 – 1967); 1.8
acres
Copper, Lead, PCBs Completed. Case Closed
(10/25/2011).

G9 Vacant Lot (ABD S/S); 437
California Ave LUST cleanup site Gasoline Completed. Case Closed (4/29/2010).

G10
Hydratech; 1331 West Ave
LUST cleanup site Gasoline Completed. Case Closed
(8/7/1996). Local agency lead:

Fresno County
G11 Fresno Drum (eastern parcel);
733 Hughes Avenue
Former chemical storage
and sales business;
Potential
contaminants: lead,
other metals, etc.

Open – Inactive (4/28/2016).

DTSC lists the site as “Needs
evaluation as of 10/19/2011”.

DTSC indicates Site Screening is
due 07/17/2017.

G12 Fresno Drum (western parcel);
700 Hughes Avenue
Former chemical storage
and sales business;
Potential
contaminants: lead,
other metals, etc.

Completed. Case Closed
(12/9/2013). A 9/13/2013
RWQCB letter indicates site
contaminants do not appear to
pose a threat to human health or

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TABLE 4.8-3 GEOTRACKER SITES IN THE PLAN AREAa
Site
No. Site Name; Address Site Description; Size
Contaminants of
Concern (COCS) Cleanup Status
groundwater. DTSC indicates Site
Screening is due 07/17/2017 for
the overall site.

G13 Art’s Merchantile; 2082 Whites
Bridge Road
LUST cleanup site Gasoline Completed. Case Closed
(3/27/2006).

G14 Kemmer Residence; 511 Hughes
Ave
LUST cleanup site Gasoline Completed. Case Closed
(8/26/2007).

G15 Fresno Sanitary Landfill; SW
corner of Jensen and West
Avenues
Federal NPL (“Superfund”)
site (former sanitary and
hazardous waste landfill);
~129 acres.

VOCsb, (PCEc, etc.),
metals, etc.

Open. Assessment and Interim
Remedial Action (4/12/2006).

USEPA Lead Agency. Active DTSC
site. . Landfill gas control, surface
water management and
groundwater remediation
ongoing. Land Use Covenant
(3/23/2012) between DTSC and
city of Fresno established future
land use restrictions.
a. See Figure 4.8-1, or GeoTracker ( https://geotracker.waterboards.ca.gov/), for Site locations b. VOCs = Volatile Organic Compounds
c. PCE = Tetrachloroethylene
Source: SWRCB GeoTracker.
are also the sites of contamination and under remediation plans. These sites have caused significant underground water pollution requiring State and federal response. In addition, the Plan Area has had numerous leaking underground storage tanks, but cleanup activities have been completed for the vast majority of the sites. A search of GeoTracker and EnviroStor databases on July 5, 2017 in the Plan Area found the facilities listed in Tables 4.8-2 and 4.8-3, and as shown on Figure 4.8-1. The Plan Area also includes numerous sites that generate (and transport) hazardous materials and wastes, but that do not have hazardous releases that require remedial cleanup actions.

Hazardous Materials Incidents Emergency Response
The unauthorized releases of hazardous materials into the environment could create environmental impacts to properties, natural environment, and human health. The significance of these impacts could vary according to the release location and the quantity and nature of the substance released. Hazardous releases can occur in areas that treat, store, transport and use hazardous materials; however, certain areas are at higher risk for releases. In the event of an unauthorized release of hazardous materials/substances, emergency response measures must be implemented to mitigate potential risks and ensure the protection of human health and the natural environment.

Fresno includes a developed urban area with industrial uses concentrated in the southern portion of the city. There are also agricultural uses located within the city’s SOI. There are historical and existing agricultural uses located within the Plan Area. It is possible that existing or historical agricultural land in the Plan Area could contain residual pesticides or other hazardous materials. More recently, the City has promoted a transition to community gardens and urban agricultural uses, which could potentially include

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the use of pesticides and other hazardous materials. Thus, the potential for hazardous materials incidents is heightened. Accidental releases of pesticides, fertilizers, and other agricultural chemical may be harmful to the public’s health, safety, and the environment. In addition, the Plan Area is bounded by major transportation routes, such as SR-180, and SR-41.

The Fresno-Chandler Executive Airport is located adjacent to the Plan Area. This facility, along with the transportation routes and industrial uses referenced above, transports large quantities of hazardous materials adjacent, through and into the Plan Area and SOI each year. Because of the mix of land uses nature of the Plan Area and its location among several routes that regularly transport hazardous materials through and around the Plan Area, the area faces potential risks associated with the possibility for hazardous materials emergencies.

The City of Fresno Fire Department recognizes the potential for a large chemical release to occur which could expose thousands of people to hazardous or toxic vapors. The City of Fresno Fire Department Hazardous Materials Response Team (HMRT) has embraced an all-hazards approach to emergency response to ensure that the city receives effective protection from the risk of hazardous materials releases.

The Fire Department HMRT currently is comprised of 40 personnel trained to the Hazardous Materials Technician and/or Specialist requirements. Starting October 2017, 24 new HMRT members will be begin training to the Specialist level. A minimum of five HMRT members are on duty each shift spilt between fire stations 1 and 16.

The Fresno City HMRT’s have partnered with the State OES to deploy regionally or statewide to support any jurisdiction through the State Master Mutual Aid System. The HMRT utilizes two OES Type 1 Hazmat response apparatus strategically located at Fire Station 1 (1264 Jackson) and Fire Station 16 (2510 Polk).

The deployment plan requires the dispatch of the closest response fire company in conjunction with the HMRT to hazardous materials emergencies11.

Emergency Response
In addition to emergency response to hazardous materials incidents, both the City of Fresno and the County of Fresno implement programs to facilitate emergency preparedness for other types of incidents within the Plan Area. Specifically, the City of Fresno has an Emergency Operations Plan12 that describes what the City’s actions will be during a response to an emergency. This plan also describes the role of the Emergency Operations Center (EOC) and the coordination that occurs between the EOC, city departments, and other response agencies. The plan establishes a requirement for the emergency management organization to mitigate any significant emergency disaster affecting the City of Fresno. The plan also identifies the policies, responsibilities, and procedures required to protect the health and safety 11 City of Fresno Fire Department, Fire Suppression, HMRT web site, https://www.fresno.gov/fire/fire-suppression/ , accessed June 28, 2017. 12 City of Fresno Emergency Operations Plan, 2008, city council adoption, https://webapp.fresno.gov/ citycouncilarchive/agenda9.23.2008/1l.pdf , accessed June 28, 2017.

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of city communities, public and private property, and the environmental effects of natural or technological disasters. In addition, the plan establishes the operation concepts and procedures associated within initial response operations (field response) to emergencies, the extended response operations (City of Fresno Emergency Operations Center Activities), and the recovery process. Furthermore, the plan complies with the State of California Emergency Operations Plan “Cross Walk” checklist for determining whether an emergency plan has addressed critical elements of California’s Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS).

The County of Fresno has a Multi-Hazard Mitigation Plan, a multi-jurisdictional plan that aims to reduce or eliminate long-term risk to people or property from natural disasters and their effects, applicable to the City and areas outside of the City but within the Plan Area and SOI.

Existing Schools
The Plan Area is made up of three school districts, but predominantly Fresno Unified in the northern half and Washington Unified in the southern half. The Central Unified School District is located to the west of the Plan Area, but overlaps a minimal number of existing residential properties within the Plan Area. The Plan Area consists of two elementary schools (Sunset and West Fresno), two middle schools (Gaston and West Fresno), and no high schools. The remaining schools (Bethune Elementary and W.E.B Dubois) are charter schools. W.E.B Dubois Charter School serves students from kindergarten to twelfth grade.

Edison High School is located outside, but very proximate, to the Plan Area. Edison High School is spatially located within two districts, but belongs to Fresno Unified School District. Washington Union High School serves the Washington Unified District, but is located outside of the Plan Area and approximately four miles south of the Plan Area’s southern edge. Near the freeway intersection of Highway 41 and Highway 99, the school district boundaries of Fresno Unified and Washington Unified alternate in the east-west and north-south directions. It is likely that many of the Plan Area’s residents may live in close proximity of each other, but are assigned to different school districts, and thus attend different schools.

Airport Hazards
Fresno-Chandler Executive Airport (FCH) is located adjacent to the Plan Area, directly north across Kearney Boulevard. The FCH Airport Influence Area (AIA) encompasses northern portions of the Plan Area.

Fresno-Chandler Executive Airport is owned and operated by the City of Fresno. The single runway (12-30) is 3,626 feet long and 75 feet wide with a full-length parallel taxiway. The airport elevation is 279.7 feet above Mean Sea Level (MSL).

The FCH’s revised CLUP, dated September 15, 2014, establishes review authority of the ALUC for certain categories of new land use plans within the AIA. For example, review is mandatory for proposed adoption or amendment of general plans, specific plans, rezone applications, text amendments to the zoning ordinance, and building regulations affecting land within an AIA. Submittal of individual projects for ALUC review is voluntary.

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According to the CLUP, the mix of aircraft based at the airport consists of 237 single engine aircraft, six multi-engine aircraft, one turbine-powered aircraft and 3 helicopters. There are nine general aviation related businesses at FCH, offering services such as fueling, aircraft maintenance and restoration, flight instruction, charter services and rentals.

The FCH serves as a critical reliever airport to Fresno Yosemite International Airport (FAT), located on the eastern side of Fresno, approximately 7 miles from the Plan Area. FCH plays a significant role in accommodating business and corporate connectivity to the region and throughout California.

Wildland Fire Hazard
There are no wildlands located within or adjacent to the Plan Area. CAL FIRE evaluates fire hazard severity risks according to areas of responsibility (i.e., federal, State, and local). According to CAL FIRE, 13 there are
no very high fire hazard severity zones (VHFHSZ) within the Local Responsibility Area on or in near proximity to the Plan Area. One area in the southwestern portion of the Plan Area (Regional Sports Complex) is designated as LRA Moderate Fire Hazard severity Zone on the CAL FIRE Fresno County Very High Fire Hazard Severity in LRA map. The Plan Area is not within a wildland State Responsibility Area.14

4.8.2 STANDARDS OF SIGNIFICANCE
The proposed Plan would have a significant impact regarding hazards and hazardous materials if it would:

1. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.

2. 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.

3. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼-mile of an existing or proposed school.

4. 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, create a significant hazard to the public or the environment.

5. Be 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, result in a safety hazard for people residing or working in the Plan Area.

6. Be within the vicinity of a private airstrip, result in a safety hazard for people residing or working in the Plan Area.
13 California Department of Forestry and Fire Protection, 2007. Fresno County Very High Fire Hazard Severity in LRA map, http://frap.fire.ca.gov/webdata/maps/fresno/fhszl06_1_map.10.pdf, accessed June 28, 2017. 14 California Department of Forestry and Fire Protection, 2007. Fire Hazards and Severity Zones in State Responsibility Areas, http://frap.fire.ca.gov/webdata/maps/fresno/fhszs_map.10.pdf, accessed June 28, 2017.

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7. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

8. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands.

With regard to Standards of Significance 6 and 8, as previously discussed in Section 4.8.1.2, Existing Conditions, there are no private airstrips or heliports listed by FAA within or in proximity to the Plan Area, and there are no wildlands or areas with a VHFHSZ designation located within or adjacent to the Plan Area. Therefore, no further discussion of the proposed Plan’s impacts related to airport safety operations and to people residing or living in the Plan Area in close proximity to private airstrips or wildlands is warranted in this Draft EIR.

4.8.3 IMPACT DISCUSSION
HAZ-1 Implementation of the proposed Plan would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.

Hazardous materials are routinely used, stored, and transported within the Plan Area, and are associated with industrial and commercial/retail businesses, as well as in educational facilities, health care facilities and households.

Hazardous waste generators in the Plan Area include industries, businesses, public and private institutions, and households. 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.

Facilities that store, use or handle hazardous materials above reportable amounts are required to prepare and file a Hazardous Materials Business Plan (Business Plan) for the safe storage and use of chemicals. In the event of an emergency, firefighters, health officials, planners, public safety officers, health care providers and others rely on the Business Plan. Implementation of the Business Plan should prevent or reduce damage to the health and safety of people and the environment when a hazardous material is released.

The FCEHD is the local Certified Unified Program Agency (CUPA) responsible for administering/overseeing compliance with the Hazardous Materials Business Plan requirements, as well as other related regulatory programs such as those involving USTs, hazardous waste generation, hazardous waste treatment and disposal facility permitting, and hazardous materials releases.

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sufficient quantities to pose a significant hazard to public health and safety or to the environment. Some of these facilities use certain classes of hazardous materials that require risk management plans to protect surrounding land uses. Future development also would result in continued generation of hazardous waste by certain facilities. Several properties within the Plan Area have residual soil, and in some cases groundwater, contamination that may require remediation. Also, potentially hazardous building materials (e.g., asbestos containing materials, lead-based paint, etc.) could be encountered during demolition of existing structures to accommodate new development. Therefore, the transport of hazardous materials could occur during future operational, remediation and construction activities.

Transport of hazardous materials, however, would be subject to existing federal, State, and local regulations, such as the following:
 DOT Hazardous Materials Transport Act-Code of Federal Regulations (CFR), Title 49  US EPA Resource Conservation and Recovery Act (RCRA)
 US EPA Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)  Toxic Substance Control Act
 CAL/OSHA
 California Health and Safety Code (Chapters 6.95 and 19)  California Code of Regulations (Section 2729)
 City of Fresno General Plan (see below)
 City of Fresno Municipal Code (Chapter 10, Article 14; Chapter 11, Article 2; Chapter 15, Articles 25 and Article 27)
The proposed Plan identifies new truck routes away from existing and planned residential neighborhoods and it prohibits new industrial uses from being developed or located within the Plan Area. In addition, to reduce potential project-specific impacts regarding routine transport, use, or disposal of hazardous materials in the City of Fresno, including the Plan Area, the General Plan includes the following objective and policies:

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 Uniform 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 maintaining 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 groundwater contamination whenever justified by past site uses. Require appropriate mitigation as a condition of project approval in the event soil or

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groundwater contamination is identified or could be encountered during site development.

Policy NS‐4‐d Site Identification. Continue to aid federal, State, and County agencies in the identification and mapping of waste disposal sites (including abandoned waste sites), and to assist in the survey of the kinds, amounts, and locations of hazardous wastes.

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 be designed, constructed, and operated in accordance with applicable hazardous materials and waste management laws and regulations.

Policy NS‐4‐g Hazmat Response. Include policies and procedures appropriate to hazardous materials in the City’s disaster and emergency response preparedness and planning, coordinating with implementation of Fresno County’s Hazardous Materials Incident Response Plan.

Policy NS‐4‐I Public Information. Continue to assist in providing information to the public on hazardous materials.

Policy NS‐4‐h Household Collection. Continue to support and assist with the County’s special household hazardous waste collection activities, to reduce the amount of this material being improperly discarded.

Regulatory programs overseen/administered by the local CUPA, as well as compliance with thee abovelisted laws, regulations and policies, would ensure hazardous impacts associated with the routine transport, use, or disposal of hazardous materials are less than significant.

Significance Without Mitigation: Less than significant.

HAZ-2 Implementation of the proposed Plan would not 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.

Implementation of the proposed Plan would result in the continued use and storage of hazardous materials, including common cleaning products, building maintenance products, paints and solvents, as well as continued generation of regulated hazardous wastes. Also, several properties within the Plan Area have residual soil, and in some cases groundwater, contamination that may require remediation. Locations of specific properties are shown on Figure 4.8-1, as well as on the Key Map and Focus Maps in Appendix E.

In addition, potentially hazardous building materials (e.g., asbestos containing materials, lead-based paint,

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etc.) could be encountered during demolition of existing structures to accommodate new development.

Releases of hazardous materials could occur during future remediation and construction activities, as well as during future operational activities within the Plan Area.

The City of Fresno Fire Department (FFD) recognizes the potential for a large chemical release to occur— anywhere in the city—which could expose thousands of people to hazardous materials via air, soil or water media. Similarly, a variety of chemicals would continue to be transported via the highways, surface streets, and airport which serve the Plan Area. The FFD Hazardous Materials Response Team has embraced an all hazards approach to emergency response to ensure that the community receives a robust, competent level of service to all hazardous materials events (City of Fresno Hazardous Materials Team 2012). In addition, all new development under the proposed plan that would handle, store, generate or dispose of hazardous materials must comply with City of Fresno regulations/laws regarding hazardous materials as well as State and federal laws regarding hazardous materials, as outlined above in the Regulatory Setting (Section 4.8.1.1).

The proposed Plan identifies new truck routes away from existing and planned residential neighborhoods and it prohibits new industrial uses from being developed or located within the Plan Area. To reduce potential project-specific impacts regarding potential to 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 in the City of Fresno, including the Plan Area, the General Plan includes the following objective and policies:

Policy NS‐4‐a Processing and Storage. Require safe processing and storage of hazardous materials, consistent with the California Building Code and the Uniform Fire Code, as adopted by the City.

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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‐I Public Information. Continue to assist in providing information to the public on hazardous materials.

Objective NS-6: Foster an efficient and coordinated response to emergencies and natural disasters.

Policy NS-6-a: County Multi-Jurisdiction Hazard Mitigation Plan. Adopt and implement the Fresno County Multi-Jurisdiction Hazard Mitigation Plan and City of Fresno Local Hazard Mitigation Plan Annex. [Commentary: The federal Disaster Mitigation Act of 2000 requires that cities, counties, and special districts have a Local Hazard Mitigation Plan to be eligible to receive FEMA hazard mitigation funds. Cities and counties can adopt and use all or part of a regional multi-jurisdictional plan, such as the one prepared by Fresno County, in lieu of preparing all or part of a Local Hazard Mitigation Plan.] 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.

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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.

The following project-specific mitigation measures regarding hazardous materials (described later in this section under Impact HAZ-4) would reduce potential impacts regarding the creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving release of hazardous materials into the environment: Mitigation Measures HAZ-4a, HAZ-4b, HAZ-4c, HAZ-4d, HAZ-4e, HAZ-4f, HAZ-4g, and HAZ-1h.

In addition to the above reference Mitigation Measures, regulatory programs overseen/administered by the local CUPA, as well as compliance with the laws and regulations referenced above under Impact HAZ-1, would ensure hazardous impacts from development of the proposed Plan related to the creation of a possible hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment are anticipated to be less than significant.

Significance With Mitigation: Less than significant.

HAZ-3 Implementation of the proposed Plan would emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼-mile of an existing or proposed school.

The Plan Area encompasses portions of three school districts, but predominantly Fresno Unified in the northern half and Washington Unified in the southern half. The Central Unified School District is located to the west of the Plan Area, but overlaps a minimal number of existing residential properties within the Plan Area. The existing Plan Area includes two elementary schools (Sunset and West Fresno), two middle schools (Gaston and West Fresno), and no high schools. The remaining schools (Bethune Elementary and W.E.B Dubois) are charter schools. W.E.B Dubois Charter School serves students from kindergarten to twelfth grade.

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Although the future projects and their exact locations under implementation of the proposed Plan are unknown, the proposed Plan could result in the construction of new schools that would serve “complete neighborhoods.”
Development under the proposed Plan could include land uses, or could include disturbance of existing hazardous cleanup sites, that have the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials and substances, although it prohibits new industrial uses from being developed or located within the Plan Area. It is anticipated that future development under the proposed Plan could occur within ¼-mile of an existing or future school. However, all generation, transport, and treatment of hazardous materials would be required to comply with applicable federal, State, and local requirements (see HAZ-1 impact analysis). Additionally, any future projects would be reviewed by the City of Fresno in light of their potential impacts and location in relation to existing and/or proposed schools.

Fresno City CouncilMarch 21, 2024

Fresno City Council
March 21, 2024