CITY OF FRESNO
MITIGATED NEGATIVE DECLARATION
FOR
DEVELOPMENT CODE TEXT AMENDMENT APPLICATION NO. P24-00794 (MINISTERIAL APPROVAL FOR OFFICE-TO-DWELLING CONVERSIONS IN THE OFFICE
ZONE, HOUSING NEAR BUS STOPS IN MULTI-FAMILY ZONES, INFILL RESIDENTIAL
DEVELOPMENT IN MIXED USE ZONES AND NEW RESIDENTIAL IN OFFICE ZONES)
STATE CLEARINGHOUSE NUMBER: 2024110662
City of Fresno
Planning and Development Department
2600 Fresno Street, 3rd Floor
Fresno, CA 93721
Prepared by:
Precision Civil Engineering, Inc.
1234 O Street
Fresno, CA 93721
Revised February 2025
Attachments:
Notice of Intent to Adopt a Mitigated Negative Declaration Appendix G/Initial Study for a Mitigated Negative Declaration Project Specific Mitigation Monitoring Checklist
Public Review Draft of Text Amendment
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 2 NOTE TO READER:
This Initial Study/MND was originally circulated from November 20, 2024, to December 20, 2024. Since the Initial Study/MND was circulated, minor changes to the document have been made as summarized below. Recirculation is not required pursuant to CEQA Guidelines Section 15073.5 as this is not considered a “substantial revision,” no new, avoidable significant effect is identified where mitigation measures or project revisions must be made to reduce the effect of insignificance. Revisions are shown in purple/red underlined text in the following sections. • Section 2.9.1: Environmental Analysis Assumptions: Noted 500 -foot exception and added footnote on figure 2-7.
• Section 4.3 Air Quality: Discussion on the proposed Text Amendment and Toxic Air Contaminants has been added under Environmental Setting and Impact Assessment. • Section 4.4.1 Environmental Setting: Made correction to text amendment exception. • Section 4.13 Noise: Discussion on the proposed Text Amendment and Construction Noise has been added under Impact Assessment.
• Section 4.17.1: Corrected the typo where 100 new peak hour trips and 200 new peak hour trip thresholds were switched.
• Section 4.19 Utilities and Service Systems : Discussion on the status of the Metro Plan has been added to the Environmental Setting and clarifications were made to Mitigation Measures (MM). MM UTL-1 and MM UTL-4 were edited to reflect existing conditions. MM UTL -2, MM UTL-3, MM UTL-5, and MM UTL-6 were deleted through consultation with the City of Fresno Department of Public Utilities. The deleted mitigation measures identified projects that the City is no longer pursuing or projects that have already been completed. MM UTL-4 was renumbered to MM UTL -2 and MM UTL -7 was renumbered to MM UTL -3.
Changes are also reflected in the Mitigation Monitoring and Reporting Program. • Chapter 5 Mitigation Monitoring and Reporting Program: The Utility related mitigation measures were edited as discussed in Section 4.19 Utilities and Service Systems. • Appendices: Public Review Draft of Text Amendment Added
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 3 Table of Contents
1 INTRODUCTION ..................................................................................................................................................9
1.1 Regulatory Information ...............................................................................................................................9
1.2 Purpose of the Initial Study .........................................................................................................................9
1.3 Document Format .................................................................................................................................... 10
1.4 Pre-consultation Letters Received ........................................................................................................... 10 2 ENVIRONMENTAL CHECKLIST FORM ............................................................................................................... 11
2.1 Project Title .............................................................................................................................................. 11
2.2 Lead Agency Name and Address .............................................................................................................. 11
2.3 Contact Person and Phone Number ........................................................................................................ 11
2.4 Study Prepared By .................................................................................................................................... 11
2.5 Project Location ....................................................................................................................................... 11
2.6 Latitude and Longitude ............................................................................................................................ 11
2.7 General Plan Designations ....................................................................................................................... 13
2.8 Zoning ...................................................................................................................................................... 13
2.9 Description of Project .............................................................................................................................. 13
2.9.1 Environmental Analysis Assumptions............................................................................................... 14
2.10 Environmental Setting ............................................................................................................................. 25
2.11 Required Project Approvals ..................................................................................................................... 26
2.12 Consultation with California Native American Tribes ............................................................................... 26 3 DETERMINATION ............................................................................................................................................. 28
3.1 Environmental Factors Potentially Affected ............................................................................................ 28
3.2 Determination .......................................................................................................................................... 28 4 EVALUATION OF ENVIRONMENTAL IMPACTS ................................................................................................. 30
4.1 AESTHETICS .............................................................................................................................................. 30
4.1.1 Environmental Setting ..................................................................................................................... 30
4.1.2 Impact Assessment .......................................................................................................................... 38
4.1.3 Mitigation Measures ........................................................................................................................ 40
4.2 AGRICULTURE AND FORESTRY RESOURCES ............................................................................................. 41
4.2.1 Environmental Setting ..................................................................................................................... 41
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4.2.2 Impact Assessment .......................................................................................................................... 46
4.2.3 Mitigation Measures ........................................................................................................................ 47
4.3 AIR QUALITY ............................................................................................................................................. 48
4.3.1 Environmental Setting ..................................................................................................................... 48
4.3.2 Impact Assessment .......................................................................................................................... 54
4.3.3 Mitigation Measures ........................................................................................................................ 62
4.4 BIOLOGICAL RESOURCES .......................................................................................................................... 63
4.4.1 Environmental Setting ..................................................................................................................... 64
4.4.2 Impact Assessment .......................................................................................................................... 70
4.4.3 Mitigation Measures ........................................................................................................................ 74
4.5 CULTURAL RESOURCES ............................................................................................................................ 78
4.5.1 Environmental Setting ..................................................................................................................... 78
4.5.2 Impact Assessment .......................................................................................................................... 80
4.5.3 Mitigation Measures ........................................................................................................................ 83
4.6 ENERGY .................................................................................................................................................... 86
4.6.1 Environmental Setting ..................................................................................................................... 86
4.6.2 Impact Assessment .......................................................................................................................... 88
4.6.3 Mitigation Measures ........................................................................................................................ 89
4.7 GEOLOGY AND SOILS ............................................................................................................................... 90
4.7.1 Environmental Setting ..................................................................................................................... 91
4.7.2 Impact Assessment .......................................................................................................................... 95
4.7.3 Mitigation Measures ........................................................................................................................ 98
4.8 GREENHOUSE GAS EMISSIONS .............................................................................................................. 100
4.8.1 Environmental Setting ................................................................................................................... 100
4.8.2 Impact Assessment ........................................................................................................................ 102
4.8.3 Mitigation Measures ...................................................................................................................... 106
4.9 HAZARDS AND HAZARDOUS MATERIAL ................................................................................................. 107
4.9.1 Environmental Setting ................................................................................................................... 107
4.9.2 Impact Assessment ........................................................................................................................ 111
4.9.3 Mitigation Measures ...................................................................................................................... 119
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4.10 HYDROLOGY AND WATER QUALITY ....................................................................................................... 120
4.10.1 Environmental Setting ................................................................................................................... 121
4.10.2 Impact Assessment ........................................................................................................................ 124
4.10.3 Mitigation Measures ...................................................................................................................... 131
4.11 LAND USE PLANNING ............................................................................................................................. 133
4.11.1 Environmental Setting ................................................................................................................... 133
4.11.2 Impact Assessment ........................................................................................................................ 133
4.11.3 Mitigation Measures ...................................................................................................................... 134
4.12 MINERAL RESOURCES ............................................................................................................................ 135
4.12.1 Environmental Setting ................................................................................................................... 135
4.12.2 Impact Assessment ........................................................................................................................ 137
4.12.3 Mitigation Measures ...................................................................................................................... 137
4.13 NOISE ..................................................................................................................................................... 138
4.13.1 Environmental Setting ................................................................................................................... 138
4.13.2 Impact Assessment ........................................................................................................................ 141
4.13.3 Mitigation Measures ...................................................................................................................... 145
4.14 POPULATION AND HOUSING ................................................................................................................. 146
4.14.1 Environmental Setting ................................................................................................................... 146
4.14.2 Impact Assessment ........................................................................................................................ 147
4.14.3 Mitigation Measures ...................................................................................................................... 147
4.15 PUBLIC SERVICES .................................................................................................................................... 148
4.15.1 Environmental Setting ................................................................................................................... 148
4.15.2 Impact Assessment ........................................................................................................................ 153
4.15.3 Mitigation Measures ...................................................................................................................... 155
4.16 RECREATION .......................................................................................................................................... 157
4.16.1 Environmental Setting ................................................................................................................... 157
4.16.2 Impact Assessment ........................................................................................................................ 163
4.16.3 Mitigation Measures ...................................................................................................................... 163
4.17 TRANSPORTATION ................................................................................................................................. 164
4.17.1 Environmental Setting ................................................................................................................... 164
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4.17.2 Impact Assessment ........................................................................................................................ 170
4.17.3 Mitigation Measures ...................................................................................................................... 176
4.18 TRIBAL CULTURAL RESOURCES .............................................................................................................. 177
4.18.1 Environmental Setting ................................................................................................................... 177
4.18.2 Impact Assessment ........................................................................................................................ 178
4.18.3 Mitigation Measures ...................................................................................................................... 180
4.19 UTILITIES AND SERVICE SYSTEMS ........................................................................................................... 183
4.19.1 Environmental Setting ................................................................................................................... 183
4.19.2 Impact Assessment ........................................................................................................................ 186
4.19.3 Mitigation Measures ...................................................................................................................... 195
4.20 WILDFIRE ................................................................................................................................................ 198
4.20.1 Environmental Setting ................................................................................................................... 198
4.20.2 Impact Assessment ........................................................................................................................ 199
4.20.3 Mitigation Measures ...................................................................................................................... 200
4.21 MANDATORY FINDINGS OF SIGNIFICANCE ............................................................................................ 201
4.21.1 Impact Assessment ........................................................................................................................ 201 5 MITIGATION MONITORING AND REPORTING PROGRAM.............................................................................. 204 6 REPORT PREPARATION .................................................................................................................................. 220 7 APPENDICES .................................................................................................................................................. 221
7.1 Appendix A: CalEEMod Output Files (Annual) ........................................................................................ 221
7.2 Appendix B: CNDDB Occurrence Report ................................................................................................ 222
7.3 Appendix C: Pre-consultation letters ..................................................................................................... 223
7.4 Appendix D: NAHC CORRESPONDENCE ................................................................................................. 224
7.5 Appendix E: Public Review Draft Development Code Text Amendment Application No. P24-00794 .... 225
Figures
Figure 2-1 Project Location ...................................................................................................................................... 12 Figure 2-2 Existing Office Uses on Office-zoned Parcels .......................................................................................... 16 Figure 2-3 Developed and Undeveloped Parcels (Multi-Family Residential Districts within ½ mile of an existing Bus Stop)......................................................................................................................................................................... 18
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 7 Figure 2-4 Vacant/Underutilized Parcels (Multi-Family Residential Districts within 1/2 mile of a Bus Stop) ........... 19 Figure 2-5 Developed and Undevelped Parcels (Mixed Use Zoned Sites within Infill Priority Area) ........................ 21 Figure 2-6 Vacant/Underutilized Parcels (Mixed Use Zoned Sites within Infill Priority Area) ................................. 22 Figure 2-7 Vacant/Underutilized Parcels (Office Zoned Sites) ................................................................................ 24 Figure 4-1 San Joaquin River Parkway Vista Points .................................................................................................. 33 Figure 4-2 Scenic Corridors ...................................................................................................................................... 34 Figure 4-3 Project Parcels within the Bluff Protection Overlay District .................................................................... 37 Figure 4-4 California Important Farmland Map (2022) ............................................................................................ 44 Figure 4-5 Williamson Act Contract Lands Map ....................................................................................................... 45 Figure 4-6 Wetlands Map ........................................................................................................................................ 66 Figure 4-7 Surface Water Features .......................................................................................................................... 67 Figure 4-8 Wildlife Occurrences in and near the Project Area ................................................................................. 68 Figure 4-9 Hazardous Waste Sites ......................................................................................................................... 115 Figure 4-10 City of Fresno Water Service Areas ..................................................................................................... 123 Figure 4-11 Flood Zone Map .................................................................................................................................. 130 Figure 4-12 Mineral Land Classification Map ......................................................................................................... 136 Figure 4-13 School Districts ................................................................................................................................... 156 Figure 4-14 Neighborhood Amenities Gap ............................................................................................................ 161 Figure 4-15 Existing Conditions Needs Gradient Map............................................................................................ 162 Figure 4-16 VMT Analysis Process for Land Use Development Projects ................................................................ 169 Figure 4-17 Traffic Impact Zones ........................................................................................................................... 172 Figure 4-18 Priority Areas for Development Incentives ......................................................................................... 173 Figure 4-19 VMT per Capita ................................................................................................................................... 175
Tables
Table 2-1 Zone Districts and Project Area ................................................................................................................ 13 Table 2-2 Units on Vacant/Underutilized MX Sites for Ministerial Approval ........................................................... 20 Table 2-3 2019 Land Use Acreages .......................................................................................................................... 25 Table 4-1 Bluff Protection Overlay District Parcels within Project Area, 2024 ......................................................... 36 Table 4-2 Prime Farmland within Project Area, 2024 .............................................................................................. 42
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 8 Table 4-3 SJVAPCD Recommended Air Quality Thresholds of Significance2F .......................................................... 51 Table 4-4 SJVAPCD Air Quality Thresholds of Significance – Toxic Air Contaminants .............................................. 52 Table 4-5 Construction Emissions of Criteria Air Pollutants, Unmitigated ............................................................... 54 Table 4-6 Operational Emissions of Criteria Air Pollutants, Unmitigated ................................................................. 55 Table 4-7 PM10, PM2.5, and NOx Concentrations for Construction ........................................................................... 58 Table 4-8 PM10, PM2.5, and NOx Concentrations for Operations .............................................................................. 59 Table 4-9 Recommendations on Siting New Sensitive Land Uses ............................................................................ 60 Table 4-10 Scoping Plan Priority GHG Reduction Strategies Consistency Analysis ................................................ 104 Table 4-11 Parcels within the Project Area that are in an AIA/Safety Zone ........................................................... 117 Table 4-12 City of Fresno General Plan Noise Level Standards - Transportation (Non-Aircraft) Noise Sources ..... 139 Table 4-13 Non-Transportation Noise Level Standards, dBA – City of Fresno Municipal Code, Section 15-2506.. 140 Table 4-14 Assumed Minimum Ambient Noise Level, dBA - City of Fresno Municipal Code, Section 10-102(B) ... 140 Table 4-15 Typical Construction Equipment Maximum Noise Levels, dBA ............................................................ 142 Table 4-16 Guideline Vibration Annoyance Potential Criteria ............................................................................... 143 Table 4-17 Guideline Vibration Damage Potential Threshold Criteria ................................................................... 143 Table 4-18 Typical Vibration Levels During Construction ....................................................................................... 144 Table 4-19 Fire Facilities Fee Program ................................................................................................................... 149 Table 4-20 Police Facilities Fee Program ................................................................................................................ 150 Table 4-21 Student Generation Rates of each School District ............................................................................... 151 Table 4-22 Park Facilities Fee Program .................................................................................................................. 152 Table 4-23 Student Generation under Project Implementation ............................................................................ 154 Table 4-24 Traffic Signal Mitigation Impact Fee for Multi-family Residential Uses ................................................ 170 Table 4-25 Water Demand Factors by Land Use .................................................................................................... 191 Table 4-26 Water Demand by Land Use for Existing Conditions versus Project Conditions .................................. 191 Table 4-27 Wastewater Flows by Land Use for Existing Conditions versus Project Conditions ............................. 193 Table 4-28 Estimated Waste Generation for Existing Conditions versus Project Conditions ................................. 194
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 9 1 INTRODUCTION
Precision Civil Engineering, Inc. (PCE) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of the City of Fresno (City) to address the environmental effects of the Development Code Text Amendment Application No. P24-00794 (Project, proposed Project, or Text Amendment). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Fresno is the Lead Agency for this proposed Project. The Project Area and the proposed Project are described in detail in
SECTION 2 ENVIRONMENTAL CHECKLIST FORM.
1.1 Regulatory Information
An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accordance with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq.), also known as the CEQA Guidelines, Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed project under review may have a significant effect on the environment a nd should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels.
A negative declaration (ND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment. An ND is a written statement describing the r easons why a proposed project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 1 5070, a ND or mitigated ND shall be prepared for a project subject to CEQA when either:
a. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed project may have a significant effect on the environment, or b. The IS identified potentially significant effects, but:
1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and
2. There is no substantial evidence, in light of the whole record before the agency, that the proposed project as revised may have a significant effect on the environment.
1.2 Purpose of the Initial Study
The City of Fresno is the Lead Agency in regard to the proposed Project. No new development projects are proposed in this Initial Study . As subsequent projects requiring discretionary approvals are proposed in the future, those individual projects would be subject to project -specific review under CEQA. For those projects that will be considered ministerial projects as proposed under the text amendment, this document serves to clear those future projects as they will not require future environmental review. It is the City’s intent that this Initial Study can be tiered from pursuant to Section 15168(c)(1) and Section 15168(d), for evaluations of environmental issues associated with those later activities /subsequent projects. The City of Fresno may also use this environmental
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 10 analysis for discretionary actions associated with projects developed in the Project A rea, including RM -1, RM-2, RM-3, O, NMX, CMX, RMX, CMS, and CR zoned parcels.
1.3 Document Format
This IS/MND contains five chapters plus appendices. SECTION 1 INTRODUCTION provides the basis for the IS/MND’s regulatory information and an overview of the proposed Project. SECTION 2 ENVIRONMENTAL CHECKLIST FORM provides a detailed description of proposed Project components. SECTION 3 DETERMINATION concludes that the Initial Study is a mitigated negative declaration, identifies the environmental factors potentially affected based on the analyses contained in this IS, and concludes with the Lead Agency’s determination based upon those analyses.
SECTION 4 EVALUATION OF ENVIRONMENTAL IMPACTS presents the CEQA checklist and environmental analyses for all impact areas and the mandatory findings of significance. A brief discussion of the reasons why the Project impact is anticipated to be potentially significant, less than significant with mitiga tion incorporated, less than significant, or why no impacts are expected is included. SECTION 5 MITIGATION AND MOINTORING PROGRAM presents the mitigation measures recommended in the IS/MND for the Project. Appendices are attached to the IS/MND, including CalEEMod Output Files (Appendix A), CNDDB Occurrence Report (Appendix B), Native American Heritage Commission Correspondence (Appendix C), Pre-Consultation Comment Letters (Appendix D), and Public Review Draft Development Code Text Amendment Application No. P24-00794 (Appendix E).
1.4 Pre-consultation Letters Received
Pre-consultation was conducted for the Project. Letters were received from the following:
• Consultation from Fresno Metropolitan Flood Control District on April 18, 2024. • Consultation from San Joaquin River Conservancy on April 18, 2024. • Consultation from Department of Public Works on April 18, 2024. • Consultation from Department of Public Utilities on April 12, 2024. • Consultation from Fresno Fire Department on April 19, 2024.
Pre-consultation letters were also routed to California Department of Transportation, Department of Current Planning, Department of Toxic Substance Control, Fresno Area Express, Fresno Irrigation District, Public Works Engineering, Clovis School District, Fresno School District, Central Unified School District, Fresno Police Department, and San Joaquin Valley Air Pollution Control District. However, n o comments were received from these departments. Pre-consultation correspondence is provided in Appendix D and comments are incorporated throughout this document.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 11 2 ENVIRONMENTAL CHECKLIST FORM
2.1 Project Title
City of Fresno Development Code Text Amendment Application No. P24-00794
2.2 Lead Agency Name and Address
City of Fresno
2600 Fresno Street
Fresno, CA 93721
2.3 Contact Person and Phone Number
Lead Agency
City of Fresno
Planning and Development Department
Attn: Sophia Pagoulatos
Planning Manager
(559) 621-8062
Applicant
City of Fresno
2600 Fresno Street
Fresno, CA 93721
(559) 621-8062
2.4 Study Prepared By
Precision Civil Engineering
1234 O Street
Fresno, CA 93721
2.5 Project Location
The Project is in the jurisdiction of the City of Fresno, Fresno County, California and contains approximately 13,560 parcels that altogether total approximately 6,440 acres (“Project Area”) in the RM -1, RM-2, RM-3, O, NMX, CMX, RMX, CMS, and CR zoned parcels through the city of Fresno (Figure 2-1).
2.6 Latitude and Longitude
The centroid of the Project Area is 36.76673162122419, -119.76698105478725.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 12
Figure 2-1 Project Location
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2.7 General Plan Designations
The Project Area is within four (4) land use classifications, Residential, Commercial, Employment, and Mixed -Use, and nine (9) land use designations within these classifications: Residential – Medium High Density, Residential – Urban Neighborhood, Residential – High Density, Commercial – Main Street, Commercial – Regional, Employment – Office, Mixed-Use – Neighborhood, Mixed-Use – Corridor/Center, and Mixed-Use – Regional.
2.8 Zoning
The Project Area is within four (4) district types, Residential Multi -Family Districts (RM), Commercial Districts (C), Mixed-Use Districts (MX), and Employment Districts (E), and nine (9) zone districts within the base districts: RM -1 (Residential Multi- Family, Medium High Density), RM -2 (Residential Multi- Family, Urban Neighborhood), RM -3 (Residential Multi -Family, High Density), CMS (Commercial – Main Street), CR (Commercial – Regional), NMX (Neighborhood Mixed-Use), CMX (Corridor/Center Mixed -Use), RMX ( Regional Mixed-Use), and O (Office) (Table 2-1).
Table 2-1 Zone Districts and Project Area
Zone District Parcels Acres
RM-1 8,454 3,109.2
RM-2 713 609.6
RM-3 94 129.2
CMS 585 137.2
CR 178 589.2
NMX 1,924 817.4
CMX 2,561 1,498.7
RMX 488 827.0
O 1,368 1,373.0
Total 13,560 6,440
2.9 Description of Project
The City of Fresno, Planning and Development Department (Applicant) proposes Development Code Text Amendment No. P24-00794 that would amend the Fresno Municipal Code (FMC) to:
1) Allow ministerial approval of the proposed “office -to-dwelling conversion” residential use classification in the O zone district within existing buildings (“Office-to-Dwelling Conversions”); 2) Allow ministerial approval of multi-unit residential development in the RM-1, RM-2, and RM-3 zone districts on parcels that are within ½ mile of an existing bus stop (“Housing Near Bus Stops”); 3) Allow ministerial approval for “multi-unit residential” uses in NMX, CMX, RMX, CMS, and CR zone districts on parcels within the City’s Infill Priority Area (“Infill Residential Development in Mixed Use Zones”); and • Allow ministerial approval of new standalone multi-unit residential development in the O zone district (“New Residential Development on Office Parcels”).
No development is currently proposed with this Text Amendment. The full text amendment, which is considered the “Project,” is attached as Appendix E.
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2.9.1 Environmental Analysis Assumptions
Although no physical development is proposed by the Project, this Initial Study analyzes the potential buildout of the Project Area at a programmatic level, using reasonable assumptions so that future projects resulting from implementation of the Project may tier from this Initial Study pursuant to CEQA Guidelines Section 15168(c)(1) and 15168(d) for evaluations of environmental issues associated with later activities/subsequent projects. However, depending on the final design of future physical development , additional project specific CEQA review may be required as determined by the City through the entitlement review and approval process.
According to the assumptions listed in the sub-sections below, the development capacity analyzed in the IS/MND includes:
• A reasonable build out of 2,692 units resulting from the conversion of gross floor area of office uses to residential uses in the O zone district over the next 30 years (Office-to-Dwelling Conversions). • A reasonable build out of 5,525 units in RM-1, RM-2, and RM-3 zone districts within a ½ mile of an existing bus stop over the next 30 years (Housing Near Bus Stops). • A reasonable build out of 12,032 units in CMS, CR, NMX, CMX, and RMX zone districts in the Infill Priority Area over the next 30 years (Infill Residential Development in Mixed Use Zones). • A reasonable build out of 2,176 units in the O zone district (New Residential Development on Office Parcels).
Cumulatively, the Project could result in a reasonably foreseeable buildout of 22,425 units over the next 30 years.
However, of the 22,425 units, only 4,868 units or 162 units per year (Office -to-Dwelling Conversions and New Residential Development on Office Parcels) account for additional capacity beyond what is currently permitted within the Fresno Municipal Code . This additional capacity is a result of adding “office-to-residential conversion” and “multi-unit residential development” as permitted residential use classification s in the O zone district, where residential development is currently not permitted. The remaining 17,557 units, comprising 5,525 units in the RM- 1, RM-2, and RM-3 zone districts and 12,032 units in the CMS, CR, NMS, CMX, and RMX, are currently allowable uses consistent with the underlying zone district and General Plan land use designation.
Office-to-Dwelling Conversions
This Text Amendment would allow ministerial approval of the proposed “office-to-dwelling conversion” residential use classification on parcels in the O zone district that have an existing office use (“Project”). There are approximately 1,373 acres (1,368 parcels) zoned O in the City of Fresno. Approximately 45% (618 acres or 735 parcels) of parcels in the O zone district are developed with an existing office use (“Project Area”). These parcels are shown in
Figure 2-2.
For the purposes of the environmental analysis, “office -to-dwelling conversion” means the conversion of existing office building(s) from commercial office use to a residential use. As defined by FMC Section 15-6704 (Commercial Use Classifications), an “office” use means offices of firms or organizations providing professional, executive, management, administrative or design services such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations. This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical pro fessionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 15 facilities and hospitals. Further classifications of “office” use includes business and professional, medical, dental, and walk -in clientele. Office -to-dwelling conversion is currently not permitted in the O zone district. The Text Amendment would add “office-to-dwelling conversion” as a residential use classification that is permitted in the O zone district.
The environmental analysis assumes that a reasonable percentage of existing gross floor area of office commercial use would be converted to residential use over the next 30 years within a reasonable density range per the City of Fresno “Reasonable Dwelling Unit Per Acre and FAR by Land Use” calculation prepared for the General Plan Build Out assumptions. There are approximately 618 acres in the O zone district that are developed with existing office use, which equates to approximately 26,920,080 square feet of total area. The Reasonable Dwelling Unit Per Acre and Floor Area Ratio by Land Use calculation identifies a 0.5 FAR for the Office land use designation. Using a 0.5 FAR, it can be assumed that there are approximately 13,460,040 square feet of existing gross floor area (26,920,080 square feet multiplied by 0.5 FAR equals 13,460,040 square feet).
To determine a reasonable percentage of development, the City of Fresno utilized the Housing Element Annual Progress Reports to determine the typical proportion of multi -family residential development to all residential development, finding that multi -family residential development generally accounts for approximately 20% of all residential development. Twenty percent (20%) of the existing gross floor area is approximately 2,692,008 square feet (20% of 13,460,040 square feet equals 2,692,008 square feet). If unit size is estimated at 1,000 square feet per unit, 2,692,008 square feet of residential uses would account for 2,692 units. Therefore, the environmental analysis reasonably assumes that approximately 20% of existing gross floor area of office commerci al use would be converted to residential use, with a reasonable build out of 2,692 units over the next 30 years.
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Figure 2-2 Existing Office Uses on Office-zoned Parcels
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 17 Housing Near Bus Stops
This Text Amendment would allow ministerial approval of “multi-unit residential development” in multi-family zone districts, RM-1, RM-2, and RM -3, on parcels that are within ½ mile of an existing bus stop (“Project”). There are approximately 3,848 acres (9,261 parcel s) zoned RM-1, RM-2, or RM -3 in the City of Fresno. Approximately 77% (2,978 acres or 7,537 parcels) of multi -family zone parcels are within a ½ mile of an existing bus stop (“Project Area”). These parcels are shown in Figure 2-3.
For the purposes of the environmental analysis, “multi- unit residential development” means three (3) or more dwelling units on a site or lot as defined by FMC Section 15-6702 (Residential Use Classifications). Types of multiple unit dwellings include townhouses, garden apartments, senior housing developments, and multi -story apartment buildings. This use also includes multi-unit development in which individual units are occupied exclusively by one or more persons 62 years of age or older. Multi-unit residential development is currently permitted in the RM -1, RM-2, and RM-3 zone districts. No changes to the use classification are proposed by the Text Amendment.
The environmental analysis assumes that vacant and/or underutilized land 1 zoned RM-1, RM-2, or RM-3 within ½ mile of an existing bus stop would be developed with a multi -unit residential development over the next 30 years within a reasonable density range per the City of Fresno “Reasonable Dwelling Unit Per Acre and FAR by Land Use” calculation prepared for the General Plan Build Out assumptions. There are approximately 327.4 acres (216 parcels) of vacant and/or underutilized land within the RM-1, RM-2, and RM-3 zone districts within ½ mile of an existing bus stop (Figure 2-4), which could result in a reasonable build out of 5,525 units as shown in Table 1-2. Because the Project would not result in changes to the land use designation or zone district, the assumed build out would not result in new or additional residential units, and therefore population, would not increase beyond what is permitted in the FMC .
Table 2-2 Units on Vacant/Underutilized RM Sites for Ministerial Approval Zone Districts Acres Reasonable Density
(du/ac) Reasonable Units *
RM-1 179.2 14 2,477
RM-2 140.5 20 2,790
RM-3 7.7 34 258
Total 327.4 - 5,525
Note: Each parcel was calculated separately and rounded down to not exceed the density limit.
1 “Vacant and/or underutilized lands” mean parcels within the City Limits of Fresno that have an existing land use of “vacant p arcel,” “parking,” or “open space/ag” per the City of Fresno’s GIS Viewer.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 18
Figure 2-3 Developed and Undeveloped Parcels (Multi-Family Residential Districts within ½ mile of an existing Bus Stop )
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 19
Figure 2-4 Vacant/Underutilized Parcels (Multi-Family Residential Districts within 1/2 mile of a Bus Stop)
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 20 Infill Residential Development in Mixed-Use Zones
This Text Amendment would allow ministerial approval of “multi -unit residential development” in zone districts that allow mixed uses, NMX, CMX, RMX, CMS, CR, on parcels that are within the City’s Infill Priority Area as identified on Figure IM-1 of the City of Fresno General Plan (“Project”). There are approximately 3,867 acres (5,736 parcels) zoned NMX, CMX, RMX, CMS, and CR in the City. Approximately 74% (2,844 acres or 5,288 parcels) of parcels in zone districts that allow mixed uses are within the Infill Priority Area (“Project Area”) as shown in Figure 2-5.
For the purposes of the environmental analysis, “multi- unit residential development” means three (3) or more dwelling units on a site or lot as defined by FMC Section 15-6702 (Residential Use Classifications). Types of multiple unit dwellings include townhouses, garden apartments, senior housing developments, and multi -story apartment buildings. This use also includes multi-unit development in which individual units are occupied exclusively by one or more persons 62 years of age or older. Multi-unit residential development is currently permitted in the NMX, CMX, RMX, CMS, and CR zone districts. No changes to the use classification are proposed by the Text Amendment.
The environmental analysis assumes that vacant and/or underutilized land2 zoned CMS, CR, NMX, CMX, or RMX in the Infill Priority Area would be developed with residential uses over the next 30 years within a reasonable density range per the City of Fresno “Reasonable Dwelling Unit Per Acre and FAR by Land Use” calculation prepared for the General Plan Build Out assumptions. There are approximately 242.6 acres (363 parcels) of vacant and/or underutilized land zoned CMS, CR, NMX, CMX, and RMX in the City of Fresno Infill Priority Area ( Figure 2-6), which
could result in a reasonable build out of 12,032 units as shown in Table 2-2.
Because the Project would not result in changes to land use designation s or zoning, the assumed buildout would not result in additional residential units or population beyond what is permitted in the FMC and Fresno General Plan.
Table 2-2 Units on Vacant/Underutilized MX Sites for Ministerial Approval Zone Districts Acres Reasonable Density (du/ac) Reasonable Units * CMS 9.5 24 208
CMX 93.2 50 4,620
CR 21.0 20 416
NMX 98.5 56 5,408
RMX 20.4 68 1,380
Total 242.6 - 12,032
Note: Each parcel was calculated separately and rounded down to not exceed the reasonable density.
2 “Vacant and/or underutilized lands” means parcels within the City Limits with an existing land use of “vacant parcel,” “parking,” or “open space/ag” per the City of Fresno’s GIS Viewer, and sites along the City of Fresno’s BRT Corridors that are over five (5) acres in size currently operated as surface parking lots.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 21
Figure 2-5 Developed and Undevelped Parcels (Mixed Use Zoned Sites within Infill Priority Area)
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 22
Figure 2-6 Vacant/Underutilized Parcels (Mixed Use Zoned Sites within Infill Priority Area)
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 23 New Residential Development on Office Parcels
This Text Amendment would allow ministerial approval of new standalone multi-unit residential development on parcels in the O zone district (“Project”). There are approximately 1,373 acres (1,368 parcels) zoned O in the City of Fresno as shown in Figure 2-1 (“Project Area”).
For the purposes of the environmental analysis, “multi- unit residential development” means three (3) or more dwelling units on a site or lot as defined by FMC Section 15-6702 (Residential Use Classifications). Types of multiple unit dwellings include townhouses, garden apartments, senior housing developments, and multi -story apartment buildings. This use also includes multi-unit development in which individual units are occupied exclusively by one or more persons 62 years of age or older. Multi-unit residential development is currently not permitted in the O zone district. The Text Amendme nt would add “multi -unit residential devleopment” as a use classification that is permitted in the O zone district.
The environmental analysis assumes that a reasonable percentage of vacant and/or underutilized land 3 zoned O would be developed with residential uses over the next 30 years within a reasonable density range per the City of Fresno “Reasonable Dwelling Unit Per Acre and FAR by Land Use” calculation prepared for the General Plan Build Out assumptions. Approximately 22% (324 acres or 144 parcels) of parcels in the O zone district are vacant or underutilized. These parcels are shown in Figure 2-7. It should be noted that this exhibit includes all O zoned parcels, however the text amendment proposes to not allow residential development (on vacant or underutilized parcels) within 500 feet of a school.
To determine a reasonable percentage of development, the City of Fresno utilized the Housing Element Annual Progress Reports to determine the typical proportion of multi -family residential development to all residential development, finding that multi -family residential development generally accounts for approximately 20% of all residential development. Since no density is assigned to the Office land use designation or zone district, the environmental analysis applies the reasonable density assumed for the High -Density Residential land use designation/RM-3 zone district which is 34 dwelling units per acre. Therefore, the environmental analysis reasonably assumes that approximately 20% of vacant parcels in the O zone district, or 64 acres out of 324 acres, could be developed with a reasonable build out of 2,176 units over the next 30 years (34 dwelling units multiplied by 64 acres equals 2,176 units).
3 “Vacant and/or underutilized lands” mean parcels within the City Limits of Fresno that have an existing land use of “vacant p arcel,” “parking,” or “open space/ag” per the City of Fresno’s GIS Viewer.
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 24
Figure 2-7 Vacant/Underutilized Parcels (Office Zoned Sites) 4
4 Residential development prohibited on vacant or underutilized office zoned parcels within 500 feet of a school.
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 25
2.10 Environmental Setting
The City of Fresno has approximately 106,027 acres of land area as of the existing 2019 baseline acreage identified in the General Plan. The city is predominately comprised of developed urban land. Planned land uses within the city include residential, commercial, industrial, mixed use, public facilities, open space, etc. Table 2-3 shows the acreage of these land uses as of 2019.
Table 2-3 2019 Land Use Acreages
Land Use Designation Existing Acreage in 2019
Residential* 46,459
Commercial 6,665
Industrial 9,303
Mixed Use 3,863
Public Facilities 17,519
Open Space 2,342
Other** 19,876
Total 106,027
Source: City of Fresno Planning and Development Department (2019) * The residential designation includes all designations that allow residential units except for Mixed use.
The Neighborhoods designation in the Downtown Area primarily allows residences. ** This category includes roads, canals, railroads, etc. and the buffer area designated in Southeast Development Area.
According to the 2020 Decennial Census , the city of Fresno’s population is 542,107. The population projection of the General Plan under full buil dout within the General Plan Planning Area is 970,000 persons by year 2056 . This uses a one-year growth increment of approximately 1.25 percent growth within the city and a 1.24 percent growth in the Sphere of Influence (SOI).
Regional Housing Needs Allocation (RHNA)
California General Plan Law requires that all cities accommodate a fair share of regional housing needs to ensure a fair distribution of new housing construction among communities and a mix of housing types for all income levels.
Consequently, the City of Fresno’s Fifth Cycle Housing Element, year 2015 to 2023, allocates a total of 23,565 units.
In addition, pursuant to AB 1233, unaccommodated 2008 lower income RHNA obligation that is rolled over includes 6,476 units. As such, the city of Fresno is allocated a total of 30,041 housing units. The Sixth Cycle Housing Element has been drafted and is currently in review with the California Department of Housing and Community Development.
The General Plan estimates 195,429 housing units in the Planning Area in 2015 and projects 336,000 housing units at full buildout. According to the 2015-2023 Housing Element, the household size of the city increased from 2.99 persons per unit in 2000 to 3.07 persons per unit in 2010. The city expects the household size to remain the same,
3.07 persons, in 2020.
All land within the City Limits includes the infill areas identified in the General Plan. The Project Area, or mixed-use zone districts , are predominantly located in the BRT corridors and Downtown infill areas. The General Plan
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 26 emphasizes the City’s interest in supporting infill development. Roughly half of all new growth is expected to be infill development.
The text amendment supports multiple goals of the 2014 Fresno General Plan:
Goal 3. Emphasize conservation, successful adaptation to climate and changing resource conditions, and performance effectiveness in the use of energy, water, land, buildings, natural resources, and fiscal resources required for the long-term sustainability of Fresno.
Goal 7. Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city.
Goal 8. Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance.
Goal 10. Emphasize increased land use intensity and mixed-use development at densities supportive of greater use of transit in Fresno.
2.11 Required Project Approvals
Other approvals not listed below may be required as identified through the entitlement process. In addition, other agencies may have the authority to issue permits prior to implementation of the Project as listed below. • Zoning Ordinance Text Amendment
2.12 Consultation with California Native American Tribes The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the CEQ A Guidelines. Pursuant to PRC Section 21080.3.1 , the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultura l resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1 -2)).
According to the most recent census data, California is home to 109 currently recognized Indian tribes.
Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the pot ential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality.
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 27 A consultation list of tribes with traditional lands or cultural places located within Fresno County was requested and received from the California Native American Heritage Commission (NAHC) on April 8, 2024. NAHC Correspondence is provided in Appendix C. The listed tribes include Amah Mutsun Tribal Band, Big Sandy Rancheria of Western Mono Indians, Cold Springs Rancheria of Mono Indians of California , Dumna Wo -Wah Tribal Government, Kitanemuk & Yowlumne Tejon Indians, Mono Lake Kutzadika Tribe, North Fork Mono Tribe, North ern Valley Yokut/Ohlone Tribe, Picayune Rancheria of the Chukchansi Indians, Santa Rosa Rancheria Tachi Yokut Tribe, Southern Sierra Miwuk Nation, Table Mountain Rancheria, Tule River Indian Tribe, and Wuksache Indian Tribe/Eshom Valley Band. The NAHC also conducted a Sacred Lands File (SFL) search which was positive.
In compliance with AB 52, as part of the preparation of this Initial Study and Mitigated Negative Declaration, the City of Fresno sent tribal consultation notices by certified mail to all the tribes listed above on April 5, 2024 and April 8, 2024. Tribes have up to 30 days to request consultation. The City received one response. The response was from the Santa Rosa Rancheria Tachi Yokut Tribe dated May 6, 2024. The responses stated, “due to the location of this project the tribe will be deferring to the more local tribes of the area.” The City did not receive responses from any other tribe.
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 28 3 DETERMINATION
3.1 Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal and Cultural Resources
Utilities and Service Systems
Wildfire
For purposes of this Initial Study, the following answers have the corresponding meanings:
“No Impact” means the specific impact category does not apply to the project, or that the record sufficiently demonstrates that project specific factors or general standards applicable to the project will result in no impact for the threshold under consideration.
“Less Than Significant Impact” means there is an impact related to the threshold under consideration, but that impact is less than significant.
“Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration, however, with the mitigation incorporated into the project, the impact is less than significant. For purposes of this Initial Study “mitigation incorporated into the project” means mitigation developed specifically for an individual project.
“Potentially Significant Impact” means there is substantial evidence that an effect may be significant related to the threshold under consideration.
3.2 Determination
This completed environmental impact checklist form, and its associated narrative reflect applicable comments of responsible and trustee agencies and research, and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Project application and its related environmental assessment application, responses to requests for comment, checklist, initial study narrative, and any attachments thereto, combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the CEQA.
All new development activities and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this Project toward cumulative impacts is not considered substantial or significant in itself, and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 29 Based upon the evaluation guided by the environmental checklist form, it was determined that there are no foreseeable substantial impacts from the Project, after the incorporation of project-specific mitigation measures in the Mitigation Monitoring and Reporting Program. The completed environmental checklist form indicates whether an impact is potentially significant, less than significant with mitigation, less than significant, or no impact.
For some categories of potential impacts, the checklist may indicate that a specific adverse environmental effect has been identified which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the Project or may be related to the design and characteristics of the individual project. Effects so rated are not sufficient in themselves to require the preparation of an EIR and have been mitigated to the extent feasible. With the Project-specific mitigation imposed, there is no substantial evidence in the record that this Project may have significant, direct, indirect or cumulative effects on the environment that are significant T he Project- specific Mitigation Monitoring and Reporting Program will be imposed on this Project.
The Initial Study has concluded that the Project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the CEQA Guidelines. The finding is, therefore, made that the Project will not have a significant adverse effect on the environment.
On the basis of this initial evaluation (to be completed by the Lead Agency):
I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required.
I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required.
Approved By:
Sophia Pagoulatos, Planning Manager Date
City of Fresno, Planning and Development Department
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 30 4 EVALUATION OF ENVIRONMENTAL IMPACTS
4.1 AESTHETICS
Except as provided in Public Resources
Code Section 21099, would the Project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on
a scenic vista? X
b) Substantially damage scenic
resources, including, but not limited
to, trees, rock out -croppings, and
historic buildings within a state
scenic highway?
X
c) In non -urbanized areas,
substantially degrade the existing
visual character or quality public
views of the site and its
surroundings? (Public views are
those that are experienced from
publicly accessible vantage point).
If the Project is in an urbanized area,
would the Project conflict with
applicable zoning and other
regulations governing scenic
quality?
X
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the
area?
X
4.1.1 Environmental Setting
The Project Area, within city of Fresno, is located within Fresno County in the central San Joaquin Valley, California.
The Project Area and potential area of impacts are limited to RM-1, RM-2, RM-3, O, NMX, CMX, RMX, CMS, and CR zone districts, as described in Section 2.9 Description of Project . Visual features in the City of Fresno are predominately urbanized land uses.
Three (3) elevated highways, State Route (SR) 180, 99, and 41, enclose Downtown Fresno and residential areas north of Downtown. Downtown Fresno, the city’s center, contains high-rise buildings and diverse land use, including offices, restaurants, entertainment, and housing . The most common building types are mixed -use buildings, theaters, civic/institutional buildings, and industrial warehouses . Many structures provide historical design
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 31 elements and contribute to the historical scene.5 There are no parcels within the Project Area that are in Downtown Fresno.
Generally, areas of the City that are outside Downtown Fresno mainly consist of low-rise, residential uses with a mix of retail, office, church es, schools, parks, and other public facilities . NMX, CMS, and CMX zones are located along the corridors in areas closer to Downtown. These zones have current characteristics of low-rise, small-scaled, and pedestrian-oriented neighborhood buildings. CR and RMX zones, which allow urban-scale retail that serves the larger region, are located further from Downtown. Densities are lower, further from the city center.
Uses along major thoroughfares, such as Herndon Avenue, Shaw Avenue, Cesar Chavez Boulevard (formerly Ventura Avenue/Kings Canyon Road ), Blackstone Avenue, and Clovis Avenue, are primarily low-rise commercial, residential, and industrial. Areas along these corridors are primarily CR, NMX, CMX, and RMX districts. Multi-family zones, including RM -1, RM-2, and RM- 3 districts, are evenly spread across the city. Most of these districts are adjacent to arterial or larger collector roadways. Similarly, the Office district is primarily located along major throughfares, with larger accumulations north of Herndon Avenue along Yosemite Freeway (State Route 41). The Project Area and its surrounding areas are highly urbanized , thus visual characteristics include significant sources of light and glare, including streetlights, parking lot lighting, and interior lights from buildings and public facilities.
California Scenic Highway Program
The California Scenic Highway Program was established in 1963 with the purpose of protecting and enhancing the natural scenic beauty of California highways and adjacent corridors, through special conservation treatment. A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler's enjoyment of the view. According to the California Scenic Highway Program, there are no officially designated State Scenic Highways in the City of Fresno , inclusive of the Project Area .6 The nearest eligible State Scenic Highway is State Route 168 located in Clovis and State Route 180 near Sanger. There are no eligible highways in Fresno.
Fresno General Plan
The Fresno General Plan does not identify or designate scenic vistas within the City or Sphere of Influence. However, it identifies vista points along the San Joaquin River bluff (see Figure 4-1) and scenic corridors (see Figure 4-2) along major street networks. Objectives and policies related to these scenic resources are listed below.
OBJECTIVE POSS-7 Support the San Joaquin River Conservancy in its collaborative, multiagency efforts to develop the San Joaquin River Parkway.
Policy POSS-70-f River Bluffs. Preserve the river bluffs as a unique geological feature in the San Joaquin Valley by maintaining and enforcing the requirements of the "BP" Bluff Preservation Overlay Zone District, maintaining the bluff area setback for buildings, structures, decks, pools and spas (which may be above or below grade), fencing, and steps, and maintaining designated vista points.
5 City of Fresno. (2014). City of Fresno General Plan. Accessed on May 24, 2024, https://www.fresno.gov/wp- content/uploads/2023/03/upload_temp_Consolidated-GP-10-13-2022_compressed.pdf 6 Caltrans. California State Scenic Highway System Map. Accessed on May 24, 2024, https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 32 OBJECTIVE MT-3 Identify, promote and preserve scenic or aesthetically unique corridors by application of appropriate policies and regulations.
Policy MT-3-a Scenic Corridors. Implement measures to preserve and enhance scenic qualities along scenic corridors or boulevards, including:
• Van Ness Boulevard - Weldon to Shaw Avenues
• Van Ness Extension - Shaw Avenue to the San Joaquin River Bluff • Kearney Boulevard - Fresno Street to Polk Avenue
• Van Ness/Fulton couplet - Weldon Avenue to Divisadero • Butler Avenue - Peach to Fowler Avenues
• Minnewawa Avenue - Belmont Avenue to Central Canal
• Huntington Boulevard - First Street to Cedar Avenue
• Shepherd Avenue - Friant Road to Willow Avenue
• Audubon Drive - Blackstone to Herndon Avenues
• Friant Road - Audubon to Millerton Roads
• Tulare Avenue - Sunnyside to Armstrong Avenues
• Ashlan Avenue- Palm to Maroa Avenues
Policy MT-3-b Preserve street trees lining designated scenic corridors or boulevards. Replace trees of the predominant type and in a comparable pattern to existing plantings if there is no detriment to public safety.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 33
Figure 4-1 San Joaquin River Parkway Vista Points
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 34
Figure 4-2 Scenic Corridors
Source: Fresno General Plan (2014)
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 35 Fresno Municipal Code
The Fresno Municipal Code Section 15 includes several standards that regulate the aesthetics of development, such as building height, setbacks, landscaping, frontage, etc. Some sections specifically relate to light and glare for any proposed development project, such as:
15-2015 Outdoor Lighting and Illumination. This section applies standards to on-site lighting of residential and non- residential sites.
15-2420 Parking Area Lighting. Parking areas designed to accommodate four or more vehicles shall be provided with light over the parking surface as follows:
A. Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.
B. Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights- of-way, consistent with Article 25, Performance Standards. Such parking lot illumination shall be no less than 0.5 foot-candles.
C. Carport lighting shall be integrated into carport structures, and there shall have no bare light bulbs. 15-2508 Lighting and Glare. (B) Lighting. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public street lights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half foot-candle. 15-2610 Standards for Specific Sign Types. This section regulates the number, height, landscaping, setback, illumination, lighting, etc., of different types of signs, for example:
(A) Awning and Canopy Signs. (4) Illumination. Internal illumination of awnings is prohibited. (B) Pole Signs. (8) Lighting. Lighting systems shall not exceed 100 foot Lamberts (FT -L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal foot candles. When adjacent to streets with a greater average light intensity, systems shall not exceed 500 FT-L. (C) Monument Signs. (6) Lighting. Lighting systems shall not exceed 100 foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal foot candles. When adjacent to streets with a greater average light intensity, systems shall not exceed 500 FT-L.
Bluff Protection Overlay District
FMC Section 15-1603 – Bluff Protection (BL) Overlay District establishes regulations and standards to ensure the preservation of the natural landscape of the southerly San Joaquin River Bluffs, adjacent properties, and adjacent open spaces . This overlay applies to l ands that are within 300 feet of the toe of the San Joaquin River bluff .
Additional standards are set forth in this section, such as increased setback from the bluff edge, direction of lighting and illumination away from the river bottom, designs to keep the natural character of the bluff, and provisions to minimize potential geological and soil hazards.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 36 According to the City of Fresno GIS Viewer (as of July 2024), there are three (3) parcels within the Project Area with the BL Overlay. Figure 4-3 shows the BL Overlay parcels within the Project Area. BL Overlay parcels within the Project Area are summarized in Table 4-2. All three parcels are in the O Zone District. Two (2) of the parcels are developed as an Office building with parking lot and one parcel is vacant. The Project would allow the existing office building to be converted to residential uses and the vacant parcel to be developed with new residential uses. All three (3) parcels are adjacent to existing access points to the San Joaquin River (Figure 4-1).
Table 4-1 Bluff Protection Overlay District Parcels within Project Area, 2024 Assessor’s Parcel Number Existing Use Zone District Acreage 405-340-04 Vacant O 11.89
402-570-13 Office O 4.23
402-030-36T Parking Lot* O 0.05
Total 16.17
*Parcel contains portion of the parking lot serving the Office development on parcel identified as APN 402-570-13.
Development of APN 402-030-36T is dependent on the development of adjacent parcel(s). *Parcel contains portion of the parking lot serving the Office development on parcel identified as APN 402-570-13
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 37
Figure 4-3 Project Parcels within the Bluff Protection Overlay District
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 38
4.1.2 Impact Assessment
a) Have a substantial adverse effect on a scenic vista? Less than Significant Impact. Development of the proposed Project Area could result in a substantial adverse effect on a scenic vista or scenic corridor if views of such features were blocked . Scenic corridors are views along transportation corridors, such as the State Scenic Highway or scenic corridors identified in the General Plan. These views could be short - or long -range. Scenic vistas are usually long -range views or expansive viewpoints of a particular feature, such as mountain ranges.
The Fresno General Plan does not identify or designate scenic vistas within the City Limits or Sphere of Influence. “Vista Points” are identified by the General Plan along the San Joaquin River bluffs, which is adjacent to some parcels within the Project Area. However, the General Plan has taken this into consideration and provided buffers as well as planned access points to the identified Vista Points to ensure that the river bluffs are protected. There are three (3) parcels within the Bluff Protection (BL ) Overlay District in the Project Area, two (2) of which are currently developed. Figure 4-3 shows the location of these parcels. As discussed in the Environmental Setting, development of parcels within the BL Overlay District would be subject to additional standards that are intended to preserve the natural character of the bluff and minimize potential geological and soil hazards. As such, future development on the three (3) identified parcels within the Project Area would be subject to compliance with all applicable requirements of the BL Overlay and through compliance, would have a less than significant impact.
Scenic features may also include developed features such as historic buildings , green open spaces, corridors, and highways. The Project Area is almost entirely developed and characterized by urban and suburban landscape consisting of low, medium, and high density residential, commercial, office, and mixed uses. There is limited public viewshed due to the highly developed , dense low - to high -rise buildings. The General Plan identifies “Scenic Corridors” (General Plan Policy MT -3-a). Scenic corridors adjacent to the Project Area would be subject to compliance with General Plan policies , including Policy MT-3-a (enhancement measures) and Policy MT-3-b (tree preservation) to prevent significant impacts. In addition, there are no scenic highways in Fresno, inclusive of the Project Area.
Additionally, the Project would not conflict with objectives and policies in the General Plan related to urban form and urban design because development standards of visual characteristics, such as height, setbacks, landscaping, and parking requirements, remain the same, and future development projects in the Project Area would be subject to comply with such standards. The Text Amendment would not facilitate future development that exceeds these standards that could result in aesthetic related impacts. For these reasons, impacts would be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock out-croppings, and historic buildings within a state scenic highway?
No Impact. According to the California State Scenic Highway Program, there are no eligible or designated State Scenic Highways in Fresno, inclusive of the Project Area . The nearest eligible State Scenic Highway is State Route 168 located in Clovis and State Route 180 near Sanger. As such, the Project would not damage scenic resources, including trees, rock out-croppings, and historic buildings within a state scenic highway and no impact would occur. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 39 point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact. Implementation of the proposed Project could facilitate future residential uses in City Limits. The Project Area is in an urbanized area . The Project does not conflict with objectives and policies in the General Plan related to urban form and urban design because development standards of visual characteristics, such as height, setbacks, landscaping, and parking requirements, remain the same, and future development in the Project Area would be subject to comply with such standards, including but not limited to FMC Section 15 -1004, Section 15-1005, Section 15-2015, Section 15-2508, and Section 15-2614 (See Environmental Setting) . Further, the Text Amendment would not facilitate future development that exceeds existing site design or development standards that could result in aesthetic related impacts. For these reasons, the Project would not substantially alter the existing visual character of the Project Area and its surroundings and impacts would be less than significant. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact with Mitigation Incorporated. Generally, lighting impacts are associated with artificial lighting in evening hours either through interior lighting from windows or exterior lighting (e.g., street lighting, parking lot lighting, landscape lighting, cars, and trucks). Future development of the Project Area could incrementally increase the amount of light from streetlights, exterior lighting, and vehicular headlights , especially in areas with less development. Such sources could cr eate adverse effects on day or nighttime views in the area.
However, considering the Project Area’s existing urbanized environment and conditions, there are existing light and glare sources. New sources of light and glare associated with future development would be similar in nature to the existing surrounding uses, as regulated by the General Plan, FMC, and Title 24, as described further below.
Project construction would also introduce light and glare resulting from construction activities that could adversely affect day or nighttime views. Although construction activities are anticipated to occur primarily during daylight hours, it is possible that some activities could occur during dusk or early evening hours (Section 10-109 of the FMC permits construction work to take place between 7:00 am and 10:00 pm on any day except Sunday, for work that is accomplished pursuant to a building permit). Construction during these time periods could result in light and glare from construction vehicles or equipment. However, construction would occur primarily during daylight hours and would be temporary in nature. Once construction is completed, any light and glare from these activities would cease to occur.
Future development resulting from Project implementation would be required to comply with the applicable General Plan policies and the enforceable requirements and restrictions contained in the FMC intended to prevent light and glare impacts including General Plan Policy D -4-c and D-4-f and FMC Section 15 -2015, Section 15-2508, and Section 15-2614. Further, compliance with Title 24 lighting requirements as verified through the Building Permit process would reduce impacts related to nighttime light. The lighting requirements cover outdoor spaces including regulations for mounted luminaires (i.e., high efficacy, motion sensor control, time clocks, energy management control systems, etc.). However, to further ensure that future development reduces lighting and glare impacts to less than significant levels, the Project shall incorporate Mitigation Measure (MM) AES-1, MM AES-2, and MM AES- 3 as described below.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 40 MM AES-1: Lighting for Street and Parking Areas. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences.
MM AES-2: Signage Lighting. Lighting systems for freestanding signs shall not exceed 100 foot -Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets which have an average light intensity of 2.0 horizontal footcandles or greater.
MM AES-3: Use of Non-Reflective Materials. Materials used on building facades shall be non-reflective.
As such, required compliance with the General Plan, FMC, and Title 24, in addition to the incorporation of mitigation, would reduce light and glare impacts to less than significant with mitigation incorporated.
4.1.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the aesthetics related mitigation measures as described in this section, and in the
MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION 5.
MM AES-1: Lighting for Street and Parking Areas. Lighting systems for street and parking areas shall include shields to direct light to t he roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences.
MM AES-2: Signage Lighting. Lighting systems for freestanding signs shall not exceed 100 foot -Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets which have an average light intensity of 2.0 horizontal footcandles or greater.
MM AES-3: Use of Non-Reflective Materials. Materials used on building facades shall be non-reflective.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 41
4.2 AGRICULTURE AND FORESTRY RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown
on the maps prepared pursuant to
the Farmland Mapping and Monito-
ring Program of the California
Resources Agency, to non-
agricultural use?
X
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
X
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined
by Government
Code section
51104(g))?
X
d) Result in the loss of forest land or
conversion of forest land to non -
forest use?
X
e) Involve other changes in the
existing environment which, due to
their location or nature, could result
in conversion of Farmland, to non -
agricultural use or conversion of
forest land to non-forest use?
X
4.2.1 Environmental Setting
The Project Area is located within Fresno City Limits . The Project includes sites that are zoned for office, multi- family, and mixed use. As such, the Project Area is predominately planned for urbanized uses. Approximately 94.9% of sites within the Project Area are developed and occupied by a mix of existing urban uses; the remaining 5.1% of sites within the Project Area are undeveloped, vacant lands. Most of t he Project Area does not contain any agricultural or forestry resources such as agricultural land, forest land, or timberland. Five (5) parcels are identified as Prime Farmland (described below). There are no parcels within the Project Area that are subject to the Williamson Act (described below).
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 42 Farmland Mapping and Monitoring Program
The California Department of Conservation manages the Farmland Mapping and Monitoring Program (FMMP) that provides maps and data for analyzing land use impacts to farmland. The FMMP produces the Important Farmland Finder as a resource map that shows quality (soils) and land use information. Agricultural land is rated according to soil quality and irrigation status, in addition to many other physical and chemical characteristics. The highest quality land is called “Prime Farmland.” Maps are updated every two (2) years.
According to the FMMP , California Important Farmland most recent map ( created September 27, 2022; updated May 16, 2024), parcels within the Project Area are mostly categorized as “Urban and Built-Up Land.” A small portion of parcels within the Project Area (mainly on the southwest and northwest side of the City) are categorized as “Vacant and Disturbed Land ,” “Farmland of Local Importance ,” and “ Prime Farmland” 7 FMMP definitions for
Farmland of Local Importance and Prime Farmland are listed below. • Prime Farmland: “farmland with the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.
8Farmland of Local Importance: “land of importance to the local agricultural economy as determined by each county's board of supervisors and a local advisory committee.”
Figure 4-4 shows the California Important Farmland map of the Project Area. Parcels categorized as Prime Farmland within the Project Area are summarized in Table 4-2. All parcels are currently undeveloped. Four (4) of the parcels are in the O zone district and one (1) parcel is in the RM-1 / RS-5 zone district.
Table 4-2 Prime Farmland within Project Area, 2024
Assessor’s Parcel Number FMMP Category Zone District Acreage 479-020-29 Prime Farmland O 9.17
328-080-03 Prime Farmland RM-1 / RS-5 5.16
328-080-05 Prime Farmland O 19.68
328-080-06 Prime Farmland O 19.68
328-080-07 Prime Farmland O 11.10
Total Acreage 64.80
California Land Conservation Act (Williamson Act)
The California Land Conservation Act of 1965 (i.e., the Williamson Act) allows local governments to enter contracts with private landowners to restrict parcels of land for agricultural or open space uses. In return, property tax assessments of the restrict ed parcels are lower than full market value since the restricted parcels are assessed according to their restricted use rather than their development potential free of such restriction. The minimum initial term of a Williamson Act contract is 10 years and automatically renews annually upon its anniversary date;
7 Farmland Mapping and Monitoring Program, Division of Land Resource Protection, California Department of Conservation . (created September 27, 2022; updated May 16, 2024). California Important Farmland: Most Recent. Downloaded from https://gis.conservation.ca.gov/portal/home/item.html?id=22da298849d147679551680593b9b035 8 California Department of Conservation. Important Farmland Categories. Accessed on May 28, 2024, https://www.conservation.ca.gov/dlrp/fmmp/Pages/Important-Farmland-Categories.aspx
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 43 as such, the contract length is essentially indefinite unless appropriately cancelled. Figure 4-5 shows Williamson Act parcels as of 2023. No parcels within the Project Area are subject to a Williamson Act Contract.
Fresno General Plan
The Fresno General Plan Resource Conservation and Resilience Element identified policies related to agricultural preservation for “agricultural land outside of the area planned for urbanization under this General Plan.” However, these objectives and policies regarding farmland preservation in the Fresno General Plan do not apply to the proposed Project since they are targeted at preserving agricultural land outside the City Limits . No parcels within the Project Area are outside City Limits.
City of Fresno Proposed Text Amendment for Ministerial Approval The City of Fresno’s proposed Text Amendment for ministerial approval prohibits ministerial approval of projects in “Sensitive Areas.” The following language would prohibit ministerial approval of a project that is located on a parcel that contains any of the following characteristics related to agriculture and agricultural resources. Projects that meet these characteristics would be required to obtain a Development Permit. The full Text Amendment is provided in
Appendix E.
B. Exceptions
1. Sensitive Areas. A project that is located on a parcel that contains any of the following characteristics must obtain a Development Permit.
a. Important Farmland (Prime Farmland, Unique Farmland, or Farmland of Statewide Importance ), as designated by the State Department of Conservation;
b. Williamson Act contract(s);
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 44
Figure 4-4 California Important Farmland Map (2022)
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 45
Figure 4-5 Williamson Act Contract Lands Map
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 46
4.2.2 Impact Assessment
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farm land Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
Less than Significant Impact. According to the FMMP, there are five (5) parcels, totaling approximately 64.8 acres of the Project Area that are categorized as “Prime Farmland.” These parcels are located within City Limits, in the southwestern portion of the city, on the northeast corner of East Jensen Avenue and South Clara Avenue and on the northeast corner of West North Avenue and South Walnut Avenue (Table 4-2). As seen in aerial imagery, these parcels have existing agricultural uses and are undeveloped. Four (4) of the parcels are in the O zone district and one (1) parcel is in the RM -1 / RS-5 zone district. There are no parcels in the Project Area that are designated for Unique Farmland or Farmland of Statewide Importance.
The Project includes a Text Amendment that would allow new multi-family residential development on Office-zoned parcels, either ministerially or with a discretionary permit, and allow ministerial approval of multi-family residential development on parcels in multi-family zone districts that are within ½ mile of an existing bus stop. The Text Amendment would prohibit ministerial approval of new multi-family residential development on parcels within the Project Area that are designated as Prime Farmland as shown on the FMMP maps, or on parcels containing existing agricultural operations and uses, where development would result in the conversion of farmland to non-agricultural use. Any discretionary projects resulting from Project implementation would require further environmental review pursuant to CEQA. For these reasons, impacts would be less than significant. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No Impact. The Project Area is not zoned for agricultural uses nor is it under a Williamson Act Contract. Properties surrounding the Project Area to the north, south, east, and west are also not zoned for agricultural uses nor are they under a Williamson Act contract. Therefore, no impact would occur. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The Project Area is not zoned for forest land (as defined in PRC Section 12220(g)), timberland (as defined in PRC Section 4526) , or timberland zoned Timberland Production (as defined by Government Code Section 51104(g)). In addition, parcels within a quarter mile radius are also not zoned for forest land, timberland, or timberland zoned Timberland Production. As a result, the Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, forest land, timberland, or timberland zoned Timberland Production and no impact would occur.
d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. The Project Area does not contain forest land. Therefore, i mplementation of the Project would not result in the loss of forest land or conversion of forest land to non-forest use and no impact would occur. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 47 Less than Significant impact. The Project Area is located within Fresno City Limits . The Project includes sites that are zoned for office, multi-family, and mixed use. As such, the Project Area is predominately planned for urbanized uses. Approximately 94.9% of sites within the Project Area are developed and occupied by a mix of existing urban uses; the remaining 5.1% of sites within the Project Area are undeveloped, vacant lands. Most of the Project Area does not contain any agricultural or forestry resources such as agricultural land, forest land, or timberland. Five (5) parcels are identified as Prime Farmland as described under criterion a).
The Project includes a Text Amendment that would allow new multi-family residential development on Office-zoned parcels, either ministerially or with a discretionary permit, and allow ministerial approval of multi-family residential development on parcels in multi-family zone districts that are within ½ mile of an existing bus stop. The Text Amendment would prohibit ministerial approval of new multi-family residential development on parcels within the Project Area that are designated as Prime Farmland as shown on the FMMP maps, or on parcels containing existing agricultural operations and uses, where development would result in the conversion of farmland to non-agricultural use. Any discretionary projects resulting from Project implementation would require further environmental review pursuant to CEQA. For these reasons, impacts would be less than significant.
4.2.3 Mitigation Measures
None required.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 48
4.3 AIR QUALITY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct
implementation of the applicable air
quality plan (e.g., by having potential
emissions of regulated criterion
pollutants which exceed the San
Joaquin Valley Air Pollution Control
Districts (SJVAPCD) adopted
thresholds for these pollutants)?
X
b) Result in a cumulatively considerable
net increase of any criteria pollutant
for which the project region is non -
attainment under an applicable
federal or state ambient air quality
standard?
X
c) Expose sensitive receptors to
substantial pollutant concentrations? X
d) Result in other emissions (such as
those leading to odors) adversely
affecting a substantial number of
people?
X
4.3.1 Environmental Setting
The Project is located within the San Joaquin Valley Air Basin (SJVAB). The San Joaquin Valley Air Pollution Control District (SJVAPCD) regulates air quality in eight (8) counties including: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The SJVAPCD oversees the SJVAB.
Impacts on air quality result from emissions generated during short- term activities (construction) and long -term activities (operations). Construction -related emissions consist mainly of exhaust emissions (NOx and PM) from construction equipment and other mobile sources, and fugitive dust (PM) emissions from earth moving activities.
Operational emissions are source specific and consist of permitted equipment and activities and non -permitted equipment and activities.
Air pollution in the SJVAB can be attributed to both human- related (anthropogenic) and natural (non - anthropogenic) activities that produce emissions. Air pollution from significant anthropogenic activities in the SJVAB includes a variety of industrial-based sources as well as on - and off-road mobile sources. Four main sources of air pollutant emissions in the SJVA B are motor vehicles, industrial plan ts, agricultural activities, and construction activities. All four (4) of the major pollutant sources affect ambient air quality throughout the SJVAB. These sources, coupled with geographical and meteorological conditions unique to the area, stimulate the formation of unhealthy air. Air pollutants can remain in the atmosphere for long periods and can build to unhealthful levels when stagnant
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 49 conditions that are common in the San Joaquin Valley occur. Pollutants are transported downwind from urban areas with many emission sources which are also recirculated back to the urban areas.
Further, the SJVAB is in non-attainment for ozone, PM10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements. The air quality standards have been set to protect public health, particularly the health of vulnerable people. Therefore, if the concentratio n of those contaminants exceeds the norm, some susceptible individuals in the population are likely to experience health effects.
Concentration of the pollutant in the air, the length of tim e exposed and the individual's reaction are factors that affect the extent and nature of the health effects.
San Joaquin Valley Air Pollution Control District
The SJVAPCD is the agency primarily responsible for ensuring that National Ambient Air Quality Standards (NAAQS) (per the U.S. Environmental Protection Agency (EPA)) and California Ambient Air Quality Standards ( CAAQS) (per the California Air Resources Board) are not exceeded and that air quality conditions are maintained in the SJVAB, within which the Project is located. Responsibilities of the SJVAPCD include, but are not limited to, preparing plans for the attainment of ambient air quality standards, ado pting and enforcing rules and regulations concerning sources of air pollution, issuing permits for stationary sources of air pollution, inspecting stationary sources of air pollution and responding to citizen complaints, monitoring ambient air quality and meteorological conditions, and implementing programs and regulations required by the Federal Clean Air Act ( FCAA) and the California Clean Air Act (CCAA).
Fresno General Plan
In regard to local measures and thresholds for air quality impacts, t he Fresno General Resource and Conservation Element outlines goals, objectives, and policies for addressing air quality. A sample of applicable goals and policies are as follows:
Objective RC-4: In cooperation with other jurisdictions and agencies in the San Joaquin Valley Air Basin, take necessary actions to achieve and maintain compliance with St ate 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 effo rts 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.
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 50 City of Fresno Proposed Text Amendment for Ministerial Approval The City of Fresno’s proposed Text Amendment for ministerial approval prohibits ministerial approval of projects which exceed development or impact thresholds. The following language would prohibit ministerial approval of a project that exceed development or impact thresholds related to air quality. Projects that exceed these thresholds would be required to obtain a Development Permit. The full Text Amendment is provided in Appendix E.
B. Exceptions.
2. Development or Impact Thresholds. A project site that is determined to require additional review or improvements based on a technical study or analysis required pursuant to any of the following must obtain a Development Permit unless otherwise specified below.
e. If the Project would exceed 224 units for low-rise (1-2 levels), 225 units for mid-rise (3-10 levels), or 340 units for high-rise (10+ levels) apartments, and generate more than 800 average daily one -way trips. If the project exceeds this threshold but a technical assessment for operational and construction emissions determines the project will be below applicable air district thresholds, then the project can be processed as a zone clearance.
f. If the Project proposes construction on a parcel adjacent to sensitive receptors, a Health Risk Assessment (HRA) for Toxic Air Contaminants (TACs) related to construction will be required. If this HRA determines the project will be below applicable air district thresholds (with or without construction conditions including requiring Tier 4 equipment, limiting idle time, limiting construction time, etc.), then the project can be processed as a zone clearance. Otherwise, a discretionary development permit will be required.
Threshold of Significance
To assist local jurisdictions in the evaluation of air quality impacts, the SJVAPCD has published the Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI). SJVAPCD recommends a three -tiered approach to air quality analysis based on project size to allow quick screening for CEQA impacts:
1. Small Project Analysis Level (SPAL): based on the District’s New Source Review, the District pre-quantified emissions and determined values as thresholds of significance for criteria pollutants. Residential, commercial, retail, industrial, educational, and recreational land uses are eligible to use this for screening.
The SPAL was published on November 13, 2020, by the SJVAPCD to determine potential impacts in GAMAQI.
9 SPAL is based on CalEEMod version 2016.3.2.
2. Cursory Analysis Level (CAL): CAL is used to determine significance on projects that exceed the SPAL criteria.
Analysis includes using CalEEMod to estimate emissions and air pollutants.
3. Full Analysis Level (FAL): this level of analysis is usually required for an EIR. It requires a full air quality report that describes impacts to the public.
GAMAQI also includes recommended thresholds of significance to be used for the evaluation of short -term construction, long-term operational, odor, toxic air contaminant, and cumulative air quality impacts. Accordingly, the SJVAPCD -recommended thresholds of significan ce are used to determine whether implementation of the proposed Project would result in a significant air quality impact. Projects that exceed these recommended
9 San Joaquin Valley Air Pollution Control District. (2020). “Small Project Analysis Levels (SPAL)”. Accessed on June 3, 2024:
https://www.valleyair.org/transportation/CEQA%20Rules/GAMAQI-SPAL.PDF
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 51 thresholds would be considered to have a potentially significant impact on human health and welfare. The thresholds of significance are summarized, as follows:
Criteria Air Pollutants
SJVAPCD adopted thresholds of significance for criteria air pollutants, as shown in Table 4-3. The thresholds of significance are based on a calendar year basis. For construction emissions, the annual emissions are evaluated on a rolling 12-month period. The following summarizes these thresholds:
Short-Term Emissions of Particulate Matter (PM10): Construction impacts associated with the proposed Project would be considered significant if the feasible control measures for construction in compliance with Regulation VIII as listed in the SJVAPCD guidelines are not incorporated or implemented, or if project-generated emissions would exceed 15 tons per year (TPY).
Short-Term Emissions of Ozone Precursors (ROG and NOX): Construction impacts associated with the proposed Project would be considered significant if the project generates emissions of Reactive Organic Gases (ROG) or NO
X that exceeds 10 TPY.
Long-Term Emissions of Particulate Matter (PM10): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of PM10 that exceed 15 TPY.
Long-Term Emissions of Ozone Precursors (ROG and NOX): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of ROG or NOX that exceeds 10 TPY.
Table 4-3 SJVAPCD Recommended Air Quality Thresholds of Significance2F 10 Pollutant
Significance Threshold
Construction Emissions
(tons/year)
Operational Emission
(tons/year)
CO 100 100
NOX 10 10
ROG 10 10
SOX 27 27
PM10 15 15
PM2.5 15 15
Conflict with or Obstruct Implementation of Applicable Air Quality Plan Air Quality Plans (AQPs) are plans for reaching the attainment of air quality standards. The applicable AQP for the SJVAB is the GAMAQI. Due to the region’s nonattainment status for ozone, PM2.5, and PM10, if the Project-generated emissions of either of the ozone precursor pollutants (i.e., ROG and NO x) or PM 10 would exceed the SJVAPCD’s significance thresholds, then the P roject would be considered to be conflicting with the AQP. In addition, if the Project would result in a change in land use and corresponding increases in vehicle miles traveled, the Project may
10 SJVAPCD. (2015). Air Quality Thresholds of Significance -Criteria Pollutants . Accessed on July 26, 2024, https://ww2.valleyair.org/media/m2ecyxiw/1-cms-format-ceqa-air-quality-thresholds-of-significance-criteria-pollutants.pdf
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 52 result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans. Vehicle Miles Traveled are analyzed in Section 4.17.
Local Mobile-Source CO Concentrations
Local mobile source impacts associated with the p roposed Project would be considered significant if the project contributes to CO concentrations at receptor locations in excess of the CAAQS (i.e., 9.0 ppm for 8 hours or 20 ppm for 1 hour).
Toxic Air Contaminants
As discussed in the GAMAQI, t oxic pollutants in California are identified as toxic air contaminates (TACs) and are listed in the A B 2588 Air Toxic “Hot Spots” and Assessment Act’s “Emissions Inventory Criteria and Guideline Regulation.“ A subset of these pollutants has been listed by the Office of Environmental Health Hazard Assessment (OEHHA) as having acute, chronic, and/or carcinogenic effects, as defined by California Health and Safety Code (CH&SC) §39655. The California TAC list has approximately 700 plus pollutants listed.
The SJVAPCD’s current thresholds of significance for toxic air contaminant (TAC) emissions from the operations of both permitted and non- permitted sources are combined and presented in Table 4 -4. Exposure to toxic air contaminants (TAC) would be considered significant if the probability of contracting cancer for the Maximally Exposed Individual (i.e., maximum individual risk) would exceed 10 20 in 1 million (formerly 10 in 1 million) or would result in a Hazard Index greater than one (1). Carcinogenic (cancer) risk is expressed as cancer cases per one million.
Noncarcinogenic (acute and chronic) hazard indices (HI) are expressed as a ratio of expected exposure levels to acceptable exposure levels. The significance of the impacts of TAC emissions from both permitted and non- permitted equipment and activities is evaluated under a single threshold, for example 10 in one million.
Table 4-4 SJVAPCD Air Quality Thresholds of Significance – Toxic Air Contaminants Carcinogens Maximally Exposed Individual risk equals or exceeds 20 in one million (formerly 10 in one million)
Non-Carcinogens Acute: Hazard Index equals or exceeds 1 for the Maximally Exposed Individual
Chronic: Hazard Index equals or exceeds 1 for the Maximally Exposed Individual
As recommended by the SJVAPCD, the latest approved California Air Pollution Control Officer’s Association (CAPCOA) methodology was utilized as the TAC screening methodology. According to the CAPCOA Guidance Document titled “Health Risk Assessments for Proposed Land Use Projects,” there are two types of land use projects that have the potential to cause long-term public health risk impacts. These project types are as follows:
• Type A: Land use projects with toxic emissions that impact receptors, and • Type B: Land use projects that will place receptors in the vicinity of existing toxics sources.
In this Guidance document, Type A project examples are (project impacts receptors):
• combustion related power plants,
• gasoline dispensing facilities,
• asphalt batch plants,
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 53 • warehouse distribution centers,
• quarry operations, and
• other stationary sources that emit toxic substances.
Odor
The intensity of an odor source’s operations and its proximity to sensitive receptors influences the potential significance of odor emissions. Specific land uses that are considered sources of undesirable odors include landfills, transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. The SJVAPCD has identified these common types of facilities that have been known to produce odors in the SJVAB and has prepared screening levels for potential odor sources ranging from one to two miles of distance from the odor -producing facility to sensitive receptors. Odor impacts would be considered significant if the project has the potential to frequently expose members of the public to objectionable odors.
Ambient Air Quality
The SJVAPCD applies the following guidance in determining whether an ambient air quality analysis should be performed: when assessing the significance of project -related impacts on air quality, it should be noted that the impacts may be significant when on -site emission increases from construction activities or operational activities exceed the 100 pounds per day screening level of any criteria pollutant after implementation of all enforceable mitigation measures. Under such circumstances, the SJVAPCD recommends that an ambient air quality analysis be performed.
Small Project Analysis Level
The SPAL identifies pre- quantified emissions and determined values related to project type, size, and number of vehicle trips. According to the SPAL, projects that fit specified descriptions are deemed to have a less than significant impact on air quality and as such are excluded from quantifying criteria pollutant emissions for CEQA purposes.
Methodology
CalEEMod is a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions from land use projects. The model quantifies direct emissions from construction and operation (including vehicle use), as well as indirect emissions, such as emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. The model also identifies mitigation measures to reduce criteria pollutant and GHG emissions.
(1) CalEEMod Assumptions: The P roject itself would not result in direct physical changes to the existing environment. Although no specific development is currently proposed, short -term construction and long -term operational GHG emissions for the Project were estimated using CalEEModTM (Version 2022.1.1.26) (See Appendix A for output files) with the assumptions set forth in Section 2.9.1, and summarized in the following:
• A reasonable build out of 2,692 units resulting from the conversion of gross floor area of office uses to residential uses in the O zone district over the next 30 years (Office-to-Dwelling Conversions). This is a new use proposed by the Project.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 54 • A reasonable build out of 5,525 units in RM-1, RM-2, and RM-3 zone districts within a ½ mile of an existing bus stop over the next 30 years (Housing Near Bus Stops). • A reasonable build out of 12,032 units in CMS, CR, NMX, CMX, and RMX zone districts in the Infill Priority Area over the next 30 years (Infill Residential Development in Mixed Use Zones). • A reasonable build out of 2, 176 units in the O zone district (New Residential Development on Office Parcels). This is a new use proposed by the Project.
• Development assuming 1,000 square feet per unit, which is the default size in CalEEMod. • To summarize, a reasonable buildout of 22,425 units to be developed in 30 years, resulting in an average of 748 units to be built each year, which is the number of units considered in the CalEEMod run.
4.3.2 Impact Assessment
a) Would the project conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? Less than Significant Impact. According to the GAMAQI, projects with emissions below the thresholds of significance for criteria pollutants would be determined to “n ot conflict or obstruct implementation of the District’s air quality plan.” The following analysis estimates criteria pollutants for buildout under the proposed Project using CalEEModTM ( Version 2022.1.1.26) that was modeled on July 26, 2024. E missions account for all units that are anticipated to be developed in one (1) year (748 units), as dis cussed in the CalEEMod Assumptions in the Environmental Settings. Output files are provided in Appendix A.
It should be noted that 748 units per year is a worse- case scenario. As mentioned in the Project Assumptions, o f the approximately 22,425 units that could result from the proposed P roject, 17,557 units are currently permitted uses consistent with the underlying zone district and General Plan land use designation . Therefore, the Project could result in additional residential capacity of approximately 4,868 units or 162 units per year (Office-to-Dwelling Conversions and New Residential Development on Office Parcels).
Construction Emissions
Construction activities associated with future development would vary on a project- by-project basis, but would generally include site preparation, grading, building construction, paving, and architectural coating. Table 4 -5 provides the estimated construction criteria pollutant emissions of a one (1)-year buildout of residential units , or 748 units, on office, mixed-use, and multi-family zoned districts. As noted above, the development of 748 multi- family residential units per year assumes that all vacant/undeveloped land on office, mixed -use, and multi-family zoned districts within the current city limits would be fully developed within 30 years. As such, this is a worse-case scenario. Under this assumption, all estimated emissions are below significance thresholds. As a result, it can be anticipated that construction emissions as a result of the implementation of the Project would be less than significant.
Table 4-5 Construction Emissions of Criteria Air Pollutants, Unmitigated Emissions Source (Tons Per Year) CO NOx ROG PM10 PM2.5
Construction Year 2025 3.12 2.29 0.34 0.90 0.41
Construction Year 2026 3.77 1.67 0.40 0.46 0.14
Construction Year 2027 3.61 1.58 0.38 0.46 0.14
Construction Year 2028 1.93 0.88 2.67 0.23 0.07
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 55 Maximum Year of Emissions 3.77 2.29 2.67 0.90 0.41
Significance Threshold 100 10 10 15 15
Exceed Threshold? No No No No No
Source: CalEEMod, Version 2022.1.1.26, ran on July 26, 2024. See Appendix A.
Operational Emissions
Pollutants of concern include ROG, NOX, CO, PM10, and PM2.5. Table 4-6 provides the estimated operational criteria pollutant emissions of a one (1) -year buildout of residential units, or 748 units, on office, mixed -use, and multi - family zoned districts . As shown, all estimated emissions are below significan ce thresholds. Therefore, the operational emissions would be less than significant.
Table 4-6 Operational Emissions of Criteria Air Pollutants, Unmitigated Emissions Source (Tons Per Year) CO NOx ROG PM10 PM2.5
Area 12.1 1.75 2.34 2.39 0.62
Energy 10.9 0.40 4.45 1.01 0.97
Mobile 0.41 0.95 0.06 0.08 0.08
Total Operational Emissions 23.3 3.11 6.85 3.48 1.67
Significance Threshold 100 10 10 15 15
Exceed Threshold? No No No No No
Source: CalEEMod, Version 2022.1.1.26, ran on July 26, 2024. See Appendix A.
In terms of cumulative impacts, the Project would not result in a net increase in new dwellings citywide that exceed what was previously planned in the General Plan. As mentioned above, it is assumed that the units/population would increase in the Project Area and decrease in other areas so that there would still be the same amount of growth citywide through 2056. The Text Amendment aims to provide flexibility in locations (i.e., office zoned districts) that currently doesn’t permit the development of multi- family residential dwellings. Overall, long -term population projections are not expected to change based on the proposed Text Amendment.
Project-Specific Analysis
While the analysis above provides a n estimation of Text Amendment’s annual buildout emissions based on CalEEMod Assumptions, project-specific conditions and designs could generate emissions that cannot be analyzed at the programmatic level provided in the analysis above. If future development projects proposed as part of the implementation of the Text Amendment exceed SJVAPCD’s criteria pollutant emissions thresholds , the individual project would have a significant impact on air quality. Consequently, additional analysis on whether the specific projects exceed SJVAPCD’s criteria pollutant emissions thresholds shall be conducted when future development projects are proposed . For ministerial projects, the proposed Text Amendment prohibit s ministerial approval of new multi-family residential development on parcels within the Project Area that would exceed the SJVAPCD Small Project Analysis Level (SPAL) screening criteria or exceed operational and construction emissions quantitative thresholds set forth by the Di strict. The proposed Text Amendment reads, “If the Project would exceed 224 units for low-rise (1-2 levels), 225 units for mid- rise (3-10 levels), or 340 units for high -rise (10+ levels) apartments, and generate more than 800 average daily one -way trips [ministerial approval is not permitted]. If the project exceeds this threshold but a technical assessment for operational and construction emissions determines the project will be below applicable air district thresholds, then the project can be processed as a zone clearance.” Thus, if a project is found to exceed air district thresholds, a discretionary process would be required instead. Any discretionary projects resulting from Project implementation would require further environmental review pursuant
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 56 to CEQA. As part of the CEQA environmental review, an assessment evaluating construction- and operation-related air quality impacts, in conformance with the air district’s methodology and thresholds is required. Project specific mitigation measures would be required to bring the individual project under significance levels, or a statement of overriding considerations would be required for that individual project.
Overall, the cumulative impacts of build out under the proposed Text Amendment will not exceed significance thresholds, and thereby, be consistent with the applicable AQP. Individual development projects that exceed significance thresholds would be subject to a discretionary process, which would be further assessed and mitigated in conformance with the air district’s methodology and thresholds. As such, the Project would have a less than significant impact on air quality.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. The SJVAB is in non-attainment for ozone, PM10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements. Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects. According to GAMAQI, while a project for which emissions exceed the thresholds of significance for criteria pollutant would have a cumulativel y considerable net increase of the criteria pollutant, it does not imply that a project is not cumulatively significant if it is below these thresholds. As such, the lead agency may determine that a project is not cumulatively considerable if the project complies with requirements in an approved plan or mitigation program that is aimed to reduce cumulative emissions within a geographic area. In this case, the Project’s compliance with SJVAPCD’s AQP would indicate that the Project would not result in a cumulative consideration net increase of any criteria pollutant.
As discussed in criterion a), modeling indicates that future buildout under the Project would not generate construction or operational emissions of criteria pollutants and ozone precursors that exceed levels of significance in GAMAQI. SJVAPCD’s annual thresholds are tied to long- term regional air quality planning , which demonstrates that the Project would not conflict with GAMAQI. To ensure that projects resulting from Project implementation do not conflict with or obstruct implementation of GAMAQI and do not result in cumulatively considerable net increase in any criteria pollutant, the proposed Text Amendment prohibits ministerial approval of new multi -family residential development on parcels within the Project Area that would exceed the SJVAPCD Small Project Analysis Level (SPAL) screening criteria or exceed operational and construction emissions quantitative thresholds set forth by the District . Individual development projects that exceed significance thresholds would be subject to a discretionary proces s, which would be further assessed and mitigated in conformance with the air district’s methodology and thresholds. Mitigation measures would be required to bring the individual project under significance levels, or a statement of overriding considerations would be required for that individual project.
In addition, future development projects under the implementation of the Project would be subject to various rules and regulations set forth by the SJVAPCD. These rules implement control strategies to reduce emissions in the Valley in order to reach attainment of the federal standards . It is evident that implementation of these rules has
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 57 significantly reduced the emissions from stationary sources in the Air District. 11 The SJVAPCD rules and regulations that may apply to future development projects during buildout of the Project Area include but are not limited to the following:
Rule 2010 – Permits Required. The purpose of this rule is to require any person constructing, altering, replacing or operating any source operation which emits, may emit, or may reduce emissions to obtain an Authority to Construct or a Permit to Operate. This rule also explains the posting requirements for a Permit to Operate and the illegality of a person willfully altering, defacing, forging, counterfeiting or falsifying any Permit to Operate.
Rule 2201 – New and Modified Stationary Source Review Rule. The purpose of this rule is to provide for the following:
The review of new and modified Stationary Sources of air pollution and to provide mechanisms including emission trade-offs by which Authorities to Construct such sources may be granted, without interfering with the attainment or maintenance of Ambient Air Quality Standards; and No net increase in emissions above specified thresholds from new and modified Stationary Sources of all nonattainment pollutants and their precursors.
Rule 4001 – New Source Performance Standards. This rule incorporates the New Source Performance Standards from Part 60, Chapter 1, Title 40, Code of Federal Regulations (CFR).
Rule 4002 – National Emission Standards for Hazardous Air Pollutants. This rule incorporates the National Emission Standards for Hazardous Air Pollutants from Part 61, Chapter I, Subchapter C, Title 40, Code of Federal Regulations (CFR) and the National Emission Standards for Hazardous Air Pollutants for Source Categories from Part 63, Chapter I, Subchapter C, Title 40, Code of Federal Regulations (CFR).
Rule 4102 – Nuisance. The purpose of this rule is to protect the health and safety of the public and applies to any source operation that emits or may emit air contaminants or other materials.
Rule 4601 – Architectural Coatings. The purpose of this rule is to limit VOC emissions from architectural coatings. This rule specifies architectural coatings storage, cleanup, and labeling requirements.
Rule 4641 – Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations. The purpose of this rule is to limit VOC emissions from asphalt paving and maintenance operations. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations.
Regulation VIII – Fugitive PM10 Prohibitions. The purpose of Regulation VIII (Fugitive PM10 Prohibitions) is to reduce ambient concentrations of fine particulate matter (PM10) by requiring actions to prevent, reduce or mitigate anthropogenic fugitive dust emissions.
Rule 9510 – Indirect Source Review. The purposes of this rule are to:
11 San Joaquin Valley Air Pollution Control Distric t. Current District Rules and Regulations. Accessed July 26, 2024, https://ww2.valleyair.org/rules-and-planning/current-district-rules-and-regulations/
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 58
1. Fulfill the District’s emission reduction commitments in the PM10 and Ozone Attainment Plans.
2. Achieve emission reductions from the construction and use of development projects through design features and on-site measures.
3. Provide a mechanism for reducing emissions from the construction of and use of development projects through off-site measures.
Since the Project’s construction and operational emissions would not exceed SJVAPCD’s regional criteria pollutant emissions quantitative thresholds and future development projects under the Project implementation would be required to compl y with all applicable SJVAPCD rules and regulations , the Project would not conflict the AQP, indicating that the Project would not result in a cumulative consideration net increase of any criteria pollutant, and thus a less than significant impact would occur.
c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact with Mitigation Incorporated. Sensitive receptors are defined as people that have an increased sensitivity to air pollution or environmental contaminants. Sensitive receptor locations include schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling units. The Project Area includes sensitive receptors and implementation of the Project would result in future residential development, which may include sensitive receptors.
Construction Pollutant Concentrations
Construction-related emissions consist mainly of exhaust emissions (NOx and PM) from construction equipment and other mobile sources, and fugitive dust (PM) emissions from earth moving activities. 12 Construction impacts would be short-term and last only during the duration of construction. SJVAPCD recommends an ambient air quality analysis with a screening level of 100 pounds per day for any pollutant from construction and operational emission activities. As shown in Table 4-7, construction emissions from buildout under Project implementation would be less than 100 pounds per day for PM 10, PM2.5, and NOx criteria pollutants. As such, construction emissions would not cause an ambient air quality standard violation according to guidance from the SJVAPCD.
Table 4-7 PM10, PM2.5, and NOx Concentrations for Construction Emissions Source (Pound per Day) NOx PM10 PM2.5
Construction Year 2025 31.7 21.1 11.4
Construction Year 2026 13.0 3.59 1.12
Construction Year 2027 12.3 3.55 1.08
Construction Year 2028 11.7 3.51 1.05
Maximum Daily Emissions 31.7 21.1 11.4
Significance Threshold 100 100 100
Exceed Threshold? No No No
Operational Pollutant Concentrations
12 San Joaquin Valley Air Pollution Control District. (2015). Guidance for Assessing and Mitigating Air Quality Impacts. Accessed July 26, 2024, https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 59 Operational emissions are source specific and consist of permitted equipment and activities and non -permitted equipment and activities. SJVAPCD recommends an ambient air quality analysis with a screening level of 100 pounds per day for any pollutant from construction and operational emission activities. As shown in Table 4-8, operational emissions from Project implementation would be less than 100 pounds per day for PM 10, PM2.5, and NOx criteria pollutants. As such, operational emissions would not cause an ambient air quality standard violation according to guidance from the SJVAPCD.
Table 4-8 PM10, PM2.5, and NOx Concentrations for Operations Emissions Source (Pound per Day) NOx PM10 PM2.5
Mobile 11.4 14.9 3.87
Area 8.96 24.6 23.7
Energy 5.22 0.42 0.42
Daily Total 25.6 39.9 28.0
Significance Threshold 100 100 100
Exceed Threshold? No No No
Toxic Air Contaminants
Development has the potential to result in emissions of Toxic Air Contaminants (TACs) during both construction and operation, which would affect sensitive receptors. TACs related to construction and operations under the proposed Project are discussed further below.
Construction
Although no development is proposed, future development resulting from Project implementation would involve construction activities which would typically include the use of diesel -fueled vehicles and equipment . Such construction activities would result in emissions of diesel particulate matter, a recognized TAC. As described in the Environmental Setting , the SJVAPCD has established a significance threshold for TAC emissions based on an increased cancer risk for the maximally exposed individual.
Due to the programmatic nature of this environmental analysis, it is not feasible to conduct project-level health risk assessments (HRAs) for each potential development project that could be accommodated by the Project. A meaningful quantification of health risks required detailed project-specific information, such as the exact types and quantities of equipment used during construction, the precise locations of emission sources, and the proximity of sensitive receptors to these sources. No development is pr oposed by the Project, so this level of detail is not available.
Without this level of detail, there is potential for TAC emissions to exceed the SJVAPCD’s significance threshold. As described in the Text Amendment, if a project proposes construction on a parcel adjacent to sensitive receptors, a Health Risk Assessment (HRA) for Toxic Air Contaminants (TACs) related to construction will be required. If the HRA determines the project will be below applicable air district thresholds (with or without construction conditions including requiring Tier 4 equipment, limiting idle time, limiting construction time, etc.), then the project can be processed as a zone clearance. Otherwise, a discretionary development permit will be required, which would require additional environmental review. As such, potential for TAC emissions from construction will not result in significant impacts.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 60 Operations
Type A New Source
As described in Environmental Setting, there are two types of land use projects that have the potential to cause long-term public health risk impacts, “Type A” (new source) and “Type B” (“new receptor”) uses. Type A, new sources would be new projects that would impact sensitive receptors living or working in the area, such as power plants, gasoline dispensing facilities, asphalt batch plants, warehouse distribution centers, quarry operations, and other stationary sources that emit toxic substances. The Project would allow ministerial approval of multi -family housing development in various areas within the City of Fresno. As such, the Project does not include or account for Type A uses such as gasoline dispensing facilities, asphalt batch plants, warehouse distribution centers, freeways or high traffic roads, or other stationary sources that emit toxic substances.
Type B New Receptor
However, development of some parcels within the Project A rea would be considered T ype B projects, which are projects that would place receptors in the vicinity of existing toxic sources such as freeways or high traffic roads, distribution centers, rail yards, etc. California Air Pollution Control Offices Association (CAPCOA) provides recommendations on siting new sensitive land use (i.e., residential uses in this case) near these existing toxic sources, as shown in Table 4 -9. 13 If future development under the proposed Project is located within a recommended avoidance distance to any of the listed sources in the table, a health risk assessment (HRA) shall be performed to assess risk to potential sensitive receptors , as incorporated into this Project as Mitigation Measure AIR-1 to ensure less than significant impacts.
Mitigation Measure AIR-1: If a residential development project is proposed within the recommended buffer distances identified in the most current version of the CARB Air Quality and Land Use Handbook: A Community Health Perspective (CARB Handbook), the project shall submit a Health Risk Assessment (HRA) in compliance with guidance from the San Joaquin Valley Air Pollution Control District (SJVAPCD) to the City of Fresno. If the HRA shows that the project would exceed the applicable SJVAPCD thresholds, mitig ation measures capable of reducing potential impacts to an acceptable level, such as provide enhanced filtration, must be identified and approved by the City.
Table 4-9 Recommendations on Siting New Sensitive Land Uses Source Category Advisory Recommendations
Freeways and high-traffic roads • Avoid siting new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles per day.
Distribution centers • Avoid siting new sensitive land uses within 1,000 feet of a distribution center (that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week).
• Take into account the configuration of existing distribution centers and avoid locating residences and other new sensitive land uses near entry and exit points.
13 California Air Pollution Control Offices Association. (2009). Health Risk Assessments for Proposed Land Use Projects. Accessed July 26, 2024, https://ww2.valleyair.org/media/glsdzpx3/capcoa_hra_lu_guidelines_8 -6-09.pdf
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 61 Rail yards • Avoid siting new sensitive land uses within 1,000 feet of a major service and maintenance rail yard.
• Within one mile of a rail yard, consider possible siting limitations and mitigation approaches.
Refineries • Avoid siting new sensitive land uses immediately downwind of petroleum refineries. Consult with local air districts and other local agencies to determine an appropriate separation
Chrome platers • Avoid siting new sensitive land uses within 1,000 feet of a chrome plater.
Dry cleaners using perchloroethylene • Avoid siting new sensitive land uses within 300 feet of any dry cleaning operation. For operations with two or more machines, provide 500 feet. For operations with 3 or more machines, consult with the local air district. • Do not site new sensitive land uses in the same building with perc dry cleaning operations
.
Gasoline dispensing facilities • Avoid siting new sensitive land uses within 300 feet of a large gas station (defined as a facility with a throughput of 3.6 million gallons per year or greater). A 50 foot separation is recommended for typical gas dispensing facilities.
Source: California Air Pollution Control Offices Association. (2009). Health Risk Assessments for Proposed Land Use Projects.
Accessed July 26, 2024, https://ww2.valleyair.org/media/glsdzpx3/capcoa_hra_lu_guidelines_8 -6-09.pdf In summary, construction and operations emissions would not exceed SJVAPCD screening levels for ambient air quality analysis, and therefore, exposure of sensitive receptors to substantial pollutant concentrations is not likely.
In addition, implementation of the Project would facilitate future residential uses on parcels that are planned and zoned to allow for residential uses . Residential uses are not uses that typically result in excessive pollutant concentrations which could impact sensitive receptors. However, future residential development could be sited in the vicinity of existing toxic sources. To ensure less than significant impacts, the Project shall incorporate Mitigation Measure AIR-1. With mitigation incorporated, impacts would be less than significant. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than Significant Impact. Odor impacts from construction and operations are described below.
Odors from Construction
Construction activities could result in odorous emissions from diesel exhaust associated with truck trips and construction equipment. However, these emissions would be short-term, intermittent, and would dissipate rapidly from the source. As such, it is not expected that these emissions would be noticeable for extended periods or beyond the immediate construction area.
Odors from Operations
Specific land uses that are considered sources of undesirable odors include landfills, transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. Future development resulting from Project implementation would not consist of such uses; rather, implementation of the proposed Project would facilitate future residential development. Generally, residential development does not result in emissions, such as those leading to odors, that would adversely affect a substantial number of people.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 62 In summary, the Project would not result in a substantial amount of odors during construction or operations and thus would have a less than significant impact.
4.3.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the air quality related mitigation measures as identified in this section and in the MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION 5.
MM AIR-1: If a residential development project is proposed within the recommended buffer distances identified in the most current version of the CARB Air Quality and Land Use Handbook: A Community Health Perspective (CARB Handbook), the project shall submit a Health Risk Assessment (HRA) to the City. If the HRA shows that the project would exceed the applicable SJVAPCD thresholds, mitigation measures capable of reducing potential impacts to an acceptable level, such as provide enhanced filtration, must be identified and approved by the City.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 63
4.4 BIOLOGICAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special status species in local or
regional plans, policies, or regulations,
or by the California Department of
Fish and Game or U.S. Fish and
Wildlife Service?
X
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies, regulations
or by the California Department of
Fish and Game or US Fish and Wildlife
Service?
X
c) Have a substantial adverse effect on
state or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
X
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or
impede the use of native wildlife
nursery sites?
X
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
X
f) Conflict with provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or
other approved local, regional, or
state habitat conservation plan.
X
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4.4.1 Environmental Setting
The Project Area consists of land that is mostly developed. Approximately 94.9% of sites within the Project Area are developed and occupied by a mix of existing urban uses; the remaining 5.1% of sites within the Project Area are undeveloped, vacant lands.
U.S. Fish and Wildlife – Special-Status Species Database The U.S. Fish and Wildlife Service (USFWS) operates an “Information for Planning and Consultation” (IPaC) database, which is a project planning tool for the environmental review process that provides general information on the location of special-status species that are “known” or “expected” to occur ( note: the database does not provide
occurrences; refer to the California Department of Fish and Wildlife – Natural Diversity Database below). 14 Specifically, the IPaC database identifies 18 special-status species that are potentially affected by activities in Fresno including: San Joaquin Kit Fox (endangered), Fresno Kangaroo Rat (endangered) , California Condor (endangered), Yellow-billed Cuckoo (threatened), Blunt-nosed Leopard Lizard (endangered), Northwestern Pond Turtle (proposed threatened), California Tiger Salamander (threatened), Western Spadefoot (proposed threatened), Monarch Butterfly (candidate), Valley Elderberry Longhorn Beetle (threa tened), Conservancy Fairy Shrimp (endangered), Vernal Pool Fairy Shrimp (threatened), Fleshy Owl’s -clover (threatened), Greene’s Tuctoria (endangered), Hairy Orcutt Grass (endangered), Harweg’s Golden Sunburst (endangered), Lassics Lupine (endangered), and San Joaquin Valley Orcutt Grass (threatened).
U.S. Fish and Wildlife – Critical Habitat Report
Once a species is listed under the federal Endangered Species Act, NOAA Fisheries is required to determine whether there are areas that meet the definition of Critical Habitat. Per NOAA Fisheries, Critical Habitat is defined as:
• Specific areas within the geographical area occupied by the species at the time of listing that contain physical or biological features essential to conservation of the species and that may require special management considerations or protection; and
• Specific areas outside the geographical area occupied by the species if the agency determines that the area itself is essential for conservation.
15 The process of Critical Habitat designation is complex and involves the consideration of scientific data, public and peer review, economic, national security, and other relevant impacts.
According to the Critical Habitat for Threatened & Endangered Species Report updated May 23, 2024, the Project Area and its immediate vicinity (0.5-mile radius) are not located within a federally designated Critical Habitat. 16 The
14 U.S. Fish and Wildlife Service. Information and Planning Consultation Online System. Accessed on May 29, 2024, https://ecos.fws.gov/ipac/
15 NOAA Fisheries. Critical Habitat. Accessed on May 29, 2024, https://www.fisheries.noaa.gov/national/endangered-species- conservation/critical-habitat#key-regulations
16 U.S. Fish & Wildlife. (2024). ECOS Environmental Conservation Online System: USFWS Threatened & Endangered Species Active Critical Habitat Report (updated May 23, 2024). Accessed on May 29, 2024, https://ecos.fws.gov/ecp/report/table/critical-habitat.html
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 65 closest federally designated Critical Habitat is located approximately 1.2 miles north of the Project Area boundary and is for Hairy Orcutt grass (Orcuttia Pilosa).
U.S. Fish & Wildlife – National Wetlands Inventory
The USFWS provides a National Wetlands Inventory (NWI) with detailed information on the abundance, characteristics, and distribution of U.S. wetlands. A search of the NWI shows no federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc.) on the Project Area or within the immediate vicinity (0.5-mile radius) of the Project Area.17 According to the NWI, 3.6% of the Project parcels intersect with wetland habitats. The NWI identifies 44 man-made wetland habitats (i.e., canals or basins), eight (8) freshwater emergent wetland habitats, and five (5) riverine habitats in the Project Area. The freshwater emergent wetland habitats are in areas that are fully or partially developed. The riverine habitats are located at Fashion Fair Mall, between East Ashlan Avenue and Buckingham Way, and along East Shields Avenue. It is evident that these wetlands are no longer present or have been channelized by a canal . No wetland habitats within the city of Fresno are categorized to be federally or state protected. The NWI also does not identify any riparian areas within or in the immediate vicinity of the Project Area. Figure 4-6 shows the wetlands in the Project Area.
Environmental Protection Agency – WATERS Geoviewer
The U.S. Environmental Protection Agency (EPA) WATERS GeoViewer provides a GeoPlatform based web mapping application of water features by location. According to the WATERS GeoViewer there are several surface water features (i.e., waterbodies, pipelines, canals, streams, catchments, hydrologic units) within or in the immediate vicinity (0.5-mile radius) of the Project Area (see
Figure 4-7). 18
California Department of Fish and Wildlife – Natural Diversity Database The California Department of Fish and Wildlife (CDFW) operates the California Natural Diversity Database (CNDDB), which is an inventory of the status and locations of special-status plants and animals in California in addition to the reported occurrences of such species. 19 According to the CDFW CNDDB Rarefind database, there are 39 special- status species that have been observed and reported to the CDFW in or near Fresno (i.e., Herndon, Kearney Park, Fresno North, Fresno South, Clovis, and Malaga Quads as designated by the United States Geological Survey (USGS)). 20 Of the 39 species, there are 17 federally or state-listed species. Figure 4-8 shows the CNDDB-identified occurrences of the animal and plant species in these quads. A total of 68 occurrences were observed and recorded as of June 3, 2024 . See Appendix B for the detailed list of the special -status species occurrences, their characteristics, and general habitat.
17 U.S. Fish & Wildlife Service. National Wetlands Inventory. Accessed May 29, 2024, https://www.fws.gov/wetlands/data/Mapper.html
18 Environmental Protection Agency. WATERS GeoViewer. Accessed on May 29, 2024, https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=074cfede236341b6a1e03779c2bd0692 19 California Department of Fish and Wildlife. California Natural Diversity Database. Accessed on May 29, 2024 , https://wildlife.ca.gov/Data/CNDDB
20 California Department of Fish and Wildlife. Rarefind. Accessed on June 3, 2024, https://apps.wildlife.ca.gov/rarefind/view/RareFind.aspx
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 66
Figure 4-6 Wetlands Map
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 67
Figure 4-7 Surface Water Features
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 68
Figure 4-8 Wildlife Occurrences in and near the Project Area
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 69 Fresno General Plan
The Fresno General Plan Planning Area contains 11 vegetation communities, two (2) special -status natural communities, and 29 special -status species (including 12 plant species and 17 wildlife species). The General Plan identified objectives and policies re garding the preservation and conservation of wildlife species that would be applicable to the Project:
OBJECTIVE POSS-5 Provide for long-term preservation, enhancement, and enjoyment of plant, wildlife, and aquatic habitat.
Policy POSS-5-a Habitat Area Acquisition. Support federal, State, and local programs to acquire significant habitat areas for permanent protection and/or conjunctive educational and recreational us.
Policy POSS-5-b Habitat Conservation Plans. Participate in cooperative, multijurisdictional 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.
OBJECTIVE POSS-6 Maintain and restore, where feasible, the ecological values of the San Joaquin River corridor.
City of Fresno Proposed Text Amendment for Ministerial Approval The City of Fresno’s proposed Text Amendment for ministerial approval of projects prohibits ministerial approval of projects which exceed development or significance thresholds. The following language would prohibit ministerial approval of a project that exceeds development or significance thresholds related to biological resources. Projects that exceed these thresholds would be required to obtain a Development Permit. The full Text Amendment is provided in Appendix E.
B. Exceptions
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 70
2. Development or Impact Thresholds. A project site that is determined to require additional review or improvements based on a technical study or analysis required pursuant to any of the following, must obtain a Development Permit unless otherwise specified below. • If the project is located on land where no urban development has ever occurred, or on a site that could provide suitable habitat for special -status species (trees, natural habitat, etc.), a technical study (biological assessment) as required pursuant to the General Plan PEIR mitigation measures is required.
If it is determined that the property could not provide suitable habitat for special -status species, then the project can be processed as a zone clearance.
4.4.2 Impact Assessment
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less than Significant with Mitigation Incorporated. The Project Area is within the Fresno General Plan Planning Area.
All future development in the Project Area, resulting from Project implementation, would be limited to these sites that have been previously planned for development in the General Plan. The Project would not result in new or additional lands proposed for development that are beyond the Fresno General Planning Area.
The Project Area is in an urbanized area that is zoned and planned for urbanized uses. Approximately 94.9% of sites within the Project Area are developed with existing structures and improvements and are surrounded by improvements including curb, gutter, sidewalks, and streetlights. The remaining parcels (5.1%) are predominately undeveloped but are highly disturbed due to periodic discing and/or grading for fire prevention, or current agricultural uses, as indicated in aerial imagery. The topography of the Project Area is relatively flat, with no significant landforms or foothills. According to the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service databases, no special -status species occurrences have been observed or reported on s ites within the Project Area.
Future development within the Project Area may include ground disturbance, removal of vegetation, and conversion of existing land cover associated with construction of the site, roadways, and infrastructure, which could potentially impact habitat for special-status species including wildlife and plant species. Therefore, to ensure that future projects resulting from Project implementation do not have a substantial adverse effect, either directly or through habitat modifications, on special status wildlife a nd plant species with known occurrences in the Fresno General Planning Area, the Project shall incorporate
MM BIO-1, MM BIO-2, MM BIO-3, and MM BIO-4 as described below. Incorporation of mitigation would reduce impacts to less than significant.
MM BIO-1: Construction of a proposed project shall avoid, where possible, vegetation communities that provide suitable habitat for a special -st
atus species known to occur within the Planning Area. If construction within potentially suitable habitat must occur, the presence/absence of any special -st atus
plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special
-
status species. If a special -s
tatus species are determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. Specific mitigation measures for direct or incidental impacts to special-status species shall be determined on a case-by-case
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 71 basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation.
MM BIO-2: Direct or incidental take of any state or federally listed species shall be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources age ncies and/or additional permitting may be required. Agency consultation through the CDFW Section 2081 and USFWS Section 7 or Section 10 permitting processes shall take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to special-status species shall be determined on a case- by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation.
MM BIO -3: Development within the Planning Area shall 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 shall consist of preserving on- site habitat, restoring similar habitat or purchasing off -site credits from an approved mitigation bank. Compensatory mitigation shall be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio shall be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed- upon mitigation ratios shall depend on the quality of the habitat and presence/absence of a special-status species. Specific mitigation measures for direct or incidental impacts to special-status natural communities and vegetation communities shall be determined on a case- by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations mea sures recommended by the agency at the time of consultation.
MM BIO-4: Proposed projects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre -construction clearance survey shall be conducted by a qualified biologist to determine if any nesting birds or nesting activity is observed on or within 500-feet of a project site. If an active nest is observed during the survey, a biological monitor shall be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer shall be established around the active nest until the nestlings have fledged and the nest is no longer active.
Project activities may continue in the vicinity of the nest only at the discretion of the biological mon itor.
Prior to commencement of grading activities and issuance of any building permits, the Director of the City of Fresno Planning and Development Department, or designee, shall verify that all proposed project grading and construction plans include speci fic documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Section 3503, that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field. Specific mitigation measures for direct or
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 72 incidental impacts to avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA) shall be determined on a case -by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
Less than Significant Impact with Mitigation Incorporated . According to the Fresno General Plan , California Department of Fish and Wildlife (CDFW) database, and U.S. Fish and Wildlife Service (USFWS) database, there are 11 vegetation communities, two (2) of which are considered special-status natural communities by the CDFW, and no riparian habitats in Fresno. As discussed in criterion a), the Project would not result in new or additional lands proposed for development that are beyond the Fresno General Planning Area. However, to ensure future projects resulting from Project implementation do not have a substantial adverse effect on sensitive natural community identified by the CDFW and USFWS, the Project shall incorporate MM BIO-5, MM BIO-6, and MM BIO-7 as described below. Incorporation of mitigation would reduce impacts to less than significant.
MM BIO-5: A pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in the removal or impact to any riparian habitat and/or a special -status natural community wi th potential to occur in the Planning Area, 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 shall be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by-case basis. The project applicant/developer for a proposed project shall develop and implement appropriate mitigation regarding impacts on their respective jurisdictions.
MM BIO-6: A pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. The project applicant/developer for a proposed project shall consult with partner agencies such as CDFW and/or USACE to develop and implement appropriate mitigation regarding impacts on their respective jurisdictions, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway. The project applicant/developer shall implement mitigation as directed by the agency with jurisdiction over the particular impact identified.
MM BIO -7: Prior to project approval, a pre -construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in project-related impacts to riparian habitat or a special-status natural community or if it may result in direct or incidental impacts to special -status species associated with riparian or wetland habitats. The project applicant/developer for a proposed project shall be obligated to address project -specific impacts to special-status species associated with riparian habitat through agency consultation, development of a
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 73 mitigation strategy, and/or issuing incidental take permits for the specific special -status species, as determined by the CDFW and/or USFWS.
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less than Significant Impact with Mitigation Incorporated. Based on the search of the National Wetlands Inventory (NWI), the Project Area does not contain any state or federally protected wetlands. According to the EPA WATERS GeoViewer, there are several surface water features (i.e., waterbodies, pipelines, canals, streams, catchments, hydrologic units) within the Project Area or in the Project Area’s immediate vicinity (see Figure 4-7). These features are not identified as state or federally protected wetlands. However, to ensure that future projects resulting from Project implementation do not have a substantial adverse effect on state or federally protected wetlands, the Project shall incorporate MM BIO-8 and MM BIO-9 as described below. Incorporation of mitigation would reduce impacts to less than significant.
MM BIO -8: 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 p roject site. The delineation shall be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of a wetland mitigation pl an would ensure a “no net loss” of wetland habitat within the Project Area. Appropriate wetland mitigation/creation shall be implemented in a ratio according to the size of the impacted wetland.
MM BIO-9: 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. d) Would the project interf ere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant Impact. Wildlife movement corridors are linear habitats that function to connect two (2) or more areas of significant wildlife habitat. These corridors may function on a local level as links between small habitat patches (e.g., streams in urban settings) or may provide critical connections between regionally significant habitats (e.g., deer movement corridors).
Wildlife corridors typically include vegetation and topography that facilitate the movements of wild life from one area of suitable habitat to another, to fulfill foraging, breeding, and territorial needs. These corridors often provide cover and protection from predators that may be lacking in surrounding habitats. Wildlife corridors generally include riparian zones and similar linear expanses of contiguous habitat.
The Project Area is in City Limits and is greatly fragmented by existing development and structures including developed roadways, highways, and other infrastructure which limits linear expanses of potential habitat that could support wildlife movement. As such , based on the existing disturbed conditions of the Project Area, the Project would not interfere substantially with the movement of native resident or migratory fish or wildlife species or with
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 74 established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. Impacts would be less than significant.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than Significant Impact. FMC Section 15-1603 establishes a Bluff Protection (BL) Overlay District for lands within 300 feet of the San Joaquin River bluff to ensure the preservation of the environment and minimization of geological and soil hazards of the bluff. Three (3) of the parcels within the Project Area are within the BL Overlay District.
Future development of these parcels would be subject to compliance with the standards to ensure the preservation of the bluff area. Further, if future development resulting from Project implementation would result in the planting, preservation, or removal of street trees along public streets, it would be subject to FMC Section 13-304 and FMC Section 13-305 as verified through the building permit process. Through required compliance, the Project would not conflict with any local policies or ordinances protecting biological resources and a less than significant impact would occur.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less than Significant Impact. The Project Area is within the PG&E San Joaquin Valley Operation and Maintenance HCP Area. If a site within the Project Area contains PG&E transmissions, distribution facilities, easements, or private access routes or if PG&E owns all or any portions of a site, future development would require compliance with the PG&E San Joaquin Valley Operation and Maintenance Plan , as verified through the building permit process .
Therefore, the Project would not conflict or interfere with the HCP. The Project is also located in the planning area of the Recovery Plan for Upland Species of the San Joaquin Valley. The Project would not conflict with the Recovery Plan since the Project Area does not provide suitable habitat for the upland species identified in the Recovery Plan because the Project Area does not contain grasslands or scrublands and is not adjacent to foothills . There are no other applicable local, regional, or state habitat or natural community conservation plans. Therefore, the Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. A less than significant impact would occur.
4.4.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the biological resources related mitigation measures as identified in this section, and in the MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION 5.
MM BIO-1: Construction of a proposed project shall avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Project 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 is determined to occupy any portion of a project site, av oidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. Specific mitigation measures for direct or incidental impacts to special-status species shall be determined on a case -by-case basis through agency
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 75 consultation during the review process for discretionary projects and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation.
MM BIO-2: Direct or incidental take of any state or federally listed species shall be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources age ncies and/or additional permitting may be required. Agency consultation through the CDFW 2081 and USFWS Section 7 or Section 10 permitting processes shall take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to special -status species shall be determined on a case -by-case basis through agency consultation during the review process for discretionary projects and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation.
MM BIO -3: Development within the Planning Area shall 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 shall consist of preserving on- site habitat, restoring similar habitat or purchasing off -site credits from an approved mitigation bank. Compensatory mitigation shall be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio shall be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed- upon mitigation ratios shall depend on the quality of the habitat and presence/absence of a special-status species. Specific mitigation measures for direct or incidental impacts to special-status natural communities and vegetation communities shall be determined on a case- by-case basis through agency consultation during the review process for discretionary projects and shall be consistent with survey protocols and mitigations meas ures recommended by the agency at the time of consultation.
MM BIO-4: Proposed projects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre -construction clearance survey shall be conducted by a qualified biologist to determine if any nesting birds or nesting activity is observed on or within 500-feet of a project site. If an active nest is observed during the survey, a biological monitor shall be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer shall be established around the active nest until the nestlings have fledged and the nest is no longer active.
Project activities may continue in the vicinity of the nest only at the discretion of the biological moni tor.
Prior to commencement of grading activities and issuance of any building permits, the Director of the City of Fresno Planning and Development Department, or designee, shall verify that all proposed project grading and construction plans include specif ic documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Section 3503, that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field. Specific mitigation measures for direct or incidental impacts to avian species protected under Fish and Game Code 3500 and the Migratory Bird
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 76 Treaty Act (MBTA) shall be determined on a case -by-case basis through agency consultation during the review process for discretionary projects and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation.
MM BIO-5: A pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in the removal or impact to any riparian habitat and/or a special -status natural community wi th potential to occur in the Planning Area, 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 shall be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by-case basis. The project applicant/developer for a proposed project shall develop and implement appropriate mitigation regarding impacts on their respective jurisdictions.
MM BIO-6: A pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. The project applicant/developer for a proposed project shall consult with partner agencies such as CDFW and/or USACE to develop and implement appropriate mitigation regarding impacts on their respective jurisdictions, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway. The project applicant/developer shall implement mitigation as directed by the agency with juris diction over the particular impact identified.
MM BIO -7: Prior to project approval, a pre -construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in project-related impacts to riparian habitat or a special-status natural community or if it may result in direct or incidental impacts to special -status species associated with riparian or wetland habitats. The project applicant/developer for a proposed project shall be obligated to address project -specific impacts to special-status species associated with riparian habitat through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special -status speci es, as determined by the CDFW and/or USFWS.
MM BIO-8: 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 a wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Project Area . Appropriate wetland mitigation/creation shall be implemented in a ratio according to the size of the impacted wetland.
MM BIO-9: 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
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 77 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.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 78
4.5 CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in
the significance of a historical
resource as defined in Section
15064.5?
X
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to Section
15064.5?
X
c) Disturb any human remains, including
those interred outside of formal
cemeteries?
X
4.5.1 Environmental Setting
Generally, the term ‘cultural resources’ describes property types such as prehistoric and historical archaeological sites, buildings, bridges, roadways, and tribal cultural resources. As defined by CEQA, cultural resources are considered “historical resources” that meet criteria in Section 15064.5(a) of the CEQA Guidelines. These criteria generally include:
1. Listed in, or eligible for listing in, the California Register of Historical Resources.
2. Included in a local register of historical resources.
3. Identified as significant in a historical resource survey meeting the criteria in PRC Section 5024.1(g).
4. Determined by the lead agency to be historically significant.
When a project will impact an archeological site, a lead agency must first determine whether the site is a historical resource as defined by the criteria above. If a lead agency determines that the archeological site is a historical resource, then it shall refer to Public Resources Code Section 21084.1 and CEQA Guidelines Section 15126.4.
According to CEQA Guidelines Section 15064.5, g enerally, a project that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standard s for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer, shall be considered as mitigated to a level of less than a significant impact on the historical resource.
Fresno has one (1) National Historical Landmark and 3 2 individual properties listed on the National Register of Historic Places as of 2019, including the Azteca Theater, Maubridge Apartments, Bank of Italy Building, Memorial Auditorium, Brix Home, Meux Home, Einstein Home, Old Fresno Water Tower, Forestiere Underground Gardens, Pantages Theatre, Fresno Bee Building, Physicians Building, Fresno Brewing Company, Rehorn Home, Fresno City College Old Administration Building , Romain Home, Fresno County Hall of R ecords, San Joaquin Light & Power Corporation Building, Fresno Republican Printery, Santa Fe Hotel, Fresno Sanitary Landfill, Santa Fe Railroad Depot, Holy Trinity Armenian Apostolic Church , Southern Pacific Railroad Depot, Hotel Californian, Tower Theatre, Hotel
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 79 Fresno, Twining Laboratories, Kearney Mansion, Warehouse Row Buildings, Kindler Home, and Y.W.C.A. Residence Hall. There are 31 properties listed in the California Register of Historic Resources.
The City of Fresno adopted the Historic Preservation Ordinance in 1979 and maintains a Local Register of Historic Resources that includes places in the National Register, buildings, structures, objects, sites, and districts that have sufficient integrity and are significant in Fresno’s history. There are currently 316 individual properties listed on the City of Fresno Local Register of Historic Resources, including Fresno Buddhist Temple, Fresno Memorial Auditorium, and Helm Building.21 In addition, Fresno also designates four (4) official local historic districts: the Porter Tract, the Wilson Island, Chandler Airfield/Fresno Municipal Airport, and Huntington Boulevard. There are also six (6) districts in Downtown and four (4) districts in the Tower District that have been proposed as historic districts. 22 According to the Southern San Joaquin Valley Information Center (SSJVIC) records search conducted for the Fresno General Plan (dated March 2020) , there are 1,011 recorded buil t environment resources and one ( 1) recorded archaeological resource within the General Plan Planning Area.
Fresno General Plan
The General Plan identifies policies related to historic and cultural resources including:
Policy HCR-2-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-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. Commentary: Development on archaeologically sensitive sites requires on- site monitoring by appropriate Native American consultant(s) and a qualified archaeologist for all grading, excavation, and site preparation activities that involve earth-moving operations.
Policy HCR-2-g Demolition Review. Review all demolition permits to determine if the resource scheduled for demolition is potentially eligible for listing on the Local Register of Historic Resources. Consistent with the Historic Preservation Ordinance, refer potentially eligible resources to the Historic Preservation Commission and as appropriate to the City Council.
21 City of Fresno. Historic Preservation Database. Accessed on May 29, 2024, https://cityoffresno.maps.arcgis.com/apps/webappviewer/index.html?id=80d8d181234a46a6a102460db2e9a57a 22 City of Fresno. A Guide to Historic Architecture in Fresno, California. Accessed on May 29, 2024, http://www.historicfresno.org/districts/index.htm
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 80 City of Fresno Proposed Text Amendment for Ministerial Approval The City of Fresno’s proposed Text Amendment for ministerial approval prohibits min isterial approval of projects in “Sensitive Areas” or which exceed development or significance thresholds. The following language would prohibit ministerial approval of a project that is located on a parcel that contains any of the following characteristics related to cultural resources. Projects that meet these characteristics would be required to obtain a Development Permit.
The full Text Amendment is provided in Appendix E.
C. Exceptions
1. Sensitive Areas. A project that is located on a parcel that contains any of the following characteristics must obtain a Development Permit.
g. The Project would involve the modification or demolition of a designated Historic Resource.
2. Development or Impact Thresholds. A project site that is determined to require additional review or improvements based on a technical study or analysis required pursuant to any of the following, must obtain a Development Permit unless otherwise specified below. c. If the Project involves the demolition or change to the exterior building elevations of a building over 50 years old, a Historic Resource evaluation is required. If the building is determined to be a potentially significant historic resource, a discretionary development permit is required. d. If a project involves changes on previously undisturbed land, a CHRIS record search is required. If no additional recommendations are provided in this letter that would trigger a cultural resource study, then the project can be processed as a zone clearance.
California Native American Heritage Commission (NAHC)
A consultation list of tribes with traditional lands or cultural places located within Fresno County was requested and received from the California Native American Heritage Commission (NAHC) on April 8, 2024. The listed tribes include Amah Mutsun Tribal Band, Big Sandy Rancheria of Western Mono Indians, Cold Springs Rancheria of Mono Indians of California, Dumna Wo -Wah Tribal Government, King’s River Choinumni Farm Tribe, Kitanemuk & Yowlumne Tejon Indians, Mono Lake Kutzadika Tribe, North Fork Mono Tribe, Northern Valley Yokut/Ohlone Tribe, Picayune Rancheria of the Chukchansi Indians, Santa Rosa Rancheria Tachi Yokut Tribe, Southern Sierra Miwuk Nation, Table Mountain Rancheria, Tule River Indian Tribe, and Wuksache Indian Tribe/Eshom Valley Band. The NAHC also conducted a Sacred Lands File (SLF) search which was positive.
AB 25 Tribal Consultation
In accordance with AB 52 (Chapter 532, Statutes 2014), the City of Fresno sent formal tribal consultation request letters by certified mail to the tribes listed above on April 5, 2024 and April 8, 2024. The City received one response.
The response was from the Santa Rosa Rancheria Tachi Yokut Tribe dated May 6, 2024. The responses stated, “due to the location of this project the tribe will be deferring to the more local tribes of the area.” The City did not receive responses from any other tribe.
4.5.2 Impact Assessment
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 81 Less than Significant Impact with Mitigation Incorporated . According to Section 15064.5, substantial adverse change in the significance of a historical resource means the physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired. Fresno General Plan Policy HCR-2 and Historical Preservation Ordinance regulations partially mitigate impacts to historical resources. T
The Project includes a Text Amendment that would allow 1) office-to-dwelling conversions on Office-zoned parcels either ministerially or with a discretionary permit, 2) ministerial approval of new multi -family residential development on multi-family-zoned parcels within ½ mile of an existing bus stop, 3) ministerial approval of new multi-family residential development on Mixed Use-zone parcels in the City’s Infill Priority Area, and 4) new multi- family residential development on Office -zoned parcels either ministerially or with a discretionary permit. The Project itself would not result in physical development.
The Text Amendment would prohibit ministerial approval on parcels within the Project Area that contain a historical resource or archeological resource pursuant to CEQA Guidelines Section 15064.5 where development would result in a substantial adverse change including the physical demolition, destruction, reloc ation, or alteration of the resource or its immediate surroundings such that the significance of the historical resource would be materially impaired. However, to ensure that future projects resulting from Project implementation do not result in a substantial adverse change in the significance of a historical resource, the Project shall incorporate MM CUL-1 and MM CUL-2 as described below. Incorporation of mitigation would reduce impacts to less than significant.
MM CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.
No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long- term preservation to allow future scientific study.
MM CUL -2: Prior to approval of any discretionary project that could result in an adverse change to a potential historic and/or cultural resource, the City shall require a site-specific evaluation of historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. The evaluation shall provide recommendations to mitigate potential impacts to historic and/or cultural resources and shall be approved by the Director of Planning and Development. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 82 Less than Significant Impact with Mitigation Incorporated . Substantial adverse change in the significance of a historical resource, including an archeological resource, means the physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical or archeological resource would be materially impaired. Potential impacts to an archeological resource that meets the criteria of an historical resource in Section 15064.5 would be partially mitigated through Mitigation Measure, MM -CUL-2 . As discussed in criterion a), the Project includes a Text Amendment and the Project itself would not result in physical development. The Text Amendment would prohibit ministerial approval on parcels within the Project Area that contain a historical resource or archeological resource pursuant to CEQA Guidelines Section 15064.5 where development would result in a substantial adverse chang e including the physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of the historical resource would be materially impaired. However, to ensure that future projects resulting from Project implementation do not result in a substantial adverse change in the significance of an archaeological resource, the Project shall incorporate
MM CUL-3 as described below. Incorporation of mitigation would reduce impacts to less than significant.
MM CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed.
• If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity 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 m easures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City -approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the 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
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 83 excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed.
c) Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant Impact with Mitigation Incorporated. There is some possibility that human remains may exist with no surface evidence, including those interred outside of formal cemeteries. Such resources would be discovered during ground disturbing activities. Therefore, to reduce potential impacts related to human remains, the Project shall incorporate MM CUL-4 as described below. Incorporation of mitigation would reduce impacts to less than significant.
MM 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 Her itage 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 Ame rican 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 descen dants all reasonable options regarding the descendants' preferences.
4.5.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the cultural resources related mitigation measures as identified in this section, and in the
MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION
5. MM CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.
No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 84 a City-approved institution or person who is capable of providing long- term preservation to allow future scientific study.
MM CUL -2: Prior to approval of any discretionary project that could re sult in an adverse change to a potential historic and/or cultural resource, the City shall require a site-specific evaluation of historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. The evaluation shall provide recommendations to mitigate potential impacts to historic and/or cultural resources and shall be approved by the Director of Planning and Development.
MM CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed.
• If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity 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 m easures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City -approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the 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 s pace, 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.
MM 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 Her itage
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 85 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.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 86
4.6 ENERGY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to
wasteful, inefficient, or unnecessary
consumption of energy resources,
during project construction or
operation?
X
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
X
4.6.1 Environmental Setting
Appendix F of the CEQA Guidelines provides guidance in determining whether a project will result in inefficient , wasteful, and unnecessary consumption of energy. According to Appendix F of the CEQA Guidelines, the goal of energy conservation implies the “wise and efficient use” of energy through 1) decreasing overall per capita energy consumption, 2) decreasing reliance on fossil fuels such as coal, natural gas, and oil, and 3) increasing reliance on renewable energy sources.
Per Appendix F, a project would be considered inefficient, wasteful, and unnecessary if it violated existing energy standards, had a negative effect on local and regional energy supplies and requirements for additional capacity, had a negative effect on peak and base period demands for electricity and other energy forms, and effected energy resources. Appendix F includes the following criteria to determine whether a threshold of significance is met:
1. The project energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project including construction, operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials may be discussed.
2. The effects of the project on local and regional energy supplies and on requirements for additional capacity.
3. The effects of the project on peak and base period demands for electricity and other forms of energy.
4. The degree to which the project complies with existing energy standards.
5. The effects of the project on energy resources.
6. The project’s projected transportation energy use requirements and its overall use of efficient transportation alternatives.
Building Energy Efficiency Standards – Title 24
California’s energy code is designed to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings. The Building Energy Efficiency Standards (Title 24, Parts 6 and 11 of the California Code of Regulations) are updated by the California Energy Commission every three years. The Standards relate to various
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 87 energy efficiency measures including, but not limited to ventilation, air conditioning, and lighting . 23 The 2022 Building Energy Efficiency Standards became effective in January 2023. The state’s “green building code” (i.e., CALGreen) is contained within the Building Energy Efficiency Standards, Title 24, Part 11. The CALGreen standards address environmental and sustainable practices during building construction including energy efficiency.
CALGreen applies to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure and additions and alterations on a statewide basis. Compliance with these energy efficiency regulations and programs reduce wasteful, inefficient, or unnecessary consumption of energy sources.
Fresno General Plan
Energy resources and conservation are discussed in the Resource Conservation and Resilience Section of the Fresno General Plan. The following objectives and policies of the Fresno General Plan relate to energy resources and conservation of development in order to reduce community-wide energy consumption:
Policy RC-2 Promote land uses that conserve resources.
Policy RC-2-a Link Land Use to Transportation. Promote mixed-use, higher density infill development in multi - modal corridors. Support land use patterns that make more efficient use of the transportation system and plan future transportation investments in areas of higher -intensity development. Discour age investment in infrastructure that would not meet these criteria.
Policy RC-2-b Provide Infrastructure for Mixed-Use and Infill. Promote investment in the public infrastructure needed to allow mixed-use and denser infill development to occur in targeted locations, such as expanded water and wastewater conveyance systems, complete streetscapes, parks and open space amenities, and tr ails.
Discourage investment in infrastructure that would not meet these criteria.
Policy RC-8 Reduce the consumption of non-renewable energy resources by requiring and encouraging conservation measures and the use of alternative energy sources.
Policy RC-8-a Existing Standards and Programs. Continue existing beneficial energy conservation programs, including adhering to the California Energy Code in new construction and major renovations.
Policy RC-8-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-e Energy Use Disclosure. Promote compliance with State law mandating disclosure of a building’s energy data and rating of the previous year to prospective buyers and lessees of the entire building or lenders financing the entire building.
23 California Energy Commission. 2022 Building Energy Efficiency Standards. Accessed on June 12, 2024, https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2022-building-energy- efficiency
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 88
4.6.2 Impact Assessment
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. The Project proposes office- to-residential conversions in the O ffice District and ministerial approval of residential developments in office, multi-family, and mixed-use districts. Since the Project does not propose increased density, it is not expected that future development in the Project Area would result in increased consumption of energy resources during construction and operation compared to what is allowed within the General Plan land use designations and permitted by the FMC. The consumption of energy resources during construction and operation for future development under the Project are further analyzed below.
Construction
Construction would be short-term and temporary. Future development would consist of residential uses that are permitted in office, multi-family, and mixed-use zone districts. Typically, characteristics or construction processes for these types of development would not require the use of equipment that would be more energy intensive than is used for comparable activities. Construction activities would include typical demolition, site preparation, grading, paving, architectural coating, and trenching – all of which would require the transportation of building materials and equipment. Therefore, the primary source of energy for construction activities would be diesel and gasoline (i.e., petroleum fuels). All construction equipment shall conform to current emissions standards and related fuel efficiencies including applicable CARB regulations (Airborne Toxic Control Measure), California Code of Regulations (Title 13, Motor Vehicles), and Title 24 standards. Compliance with such regulations would ensure that the s hort- term, temporary construction activities do not result in wasteful, inefficient, or unnecessary consumption of energy resources.
Operations
The Project includes a Text Amendment related to multi-family residential uses. The Project itself would not result in physical development but could facilitate future residential development. Future residential development would include residential uses that would involve heating, cooling, equipment, and vehicle trips. Energy consumption related to operations would be associated with natural gas, electricity, and fuel. A pplicable state and local regulations and programs would be implemented to reduce energy waste from operation. These programs include but are not limited to the following.
• Future development would be required to be designed and constructed in accordance with adopted energy efficiency standards contained in Title 24 , including energy conservation requirements that apply to structural, mechanical, electrical, and plumbing systems in a building. Compliance with Title 24 would be verified through the building permit process.
• Future development would be required to comply with numerous policies and implementation programs in the General Plan that are focused on improving the sustainability of the city, including reduction in the consumption of non-renewable energy resources by requiring and encouraging conservation measures and use of alternative energy sources (see Environmental Setting). • Future development would be required to comply with the recommended requirements for Air Quality, Greenhouse Gas Emissions, and Transportation as discussed in this Initial Study/MND that would reduce energy usage.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 89 Therefore, through compliance , future development projects would not consume energy in a manner that is wasteful, inefficient, or unnecessary nor would the project conflict with any state or local plan for energy efficiency.
In addition, because of the location and characteristics of the Project Area (i.e., Infill Priority Area, along major transportation corridors within ½ mile of existing bus stops, on parcels with existing buildings, etc.) , residents of future developments will be more likely to take public transportation and thus reduce fuel consumption compared to development in other parts of the city , thereby reducing unnecessary consumption of energy resources even further.
Overall, the results of the analyses do not rise to a level of significance given the Project’s required compliance with various energy efficiency regulations and policies including Title 24, the General Plan, and CARB . Thus, through compliance, the Project is not expected to result in wasteful, inefficient, or unnecessary consumption of energy resources and a less than significant impact would occur because of the Project. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. A significant impact would occur if the proposed Project would conflict with or obstruct a state or local plan for renewable energy or energy efficiency. As discussed under criterion a) , the Project itself would not result in physical development. The construction and operations of future development projects would be subject to compliance with applicable energy efficiency regulations including but not limited to Title 24, General Plan, and CARB. Thus, applicable state and local regulations and programs would be implemented to reduce energy waste from construction and operations. Therefore, through compliance, the Project would not conflict with or obstruct any state or local plan for energy efficiency and impacts would be less than significant.
4.6.3 Mitigation Measures
None Required.
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4.7 GEOLOGY AND SOILS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Directly or Indirectly cause potential
substantial adverse effects, including
the risk of loss, injury, or death
involving:
X
i. Rupture of a known
earthquake fault, as
delineated on the most
recent Alquist -Priolo
Earthquake Fault Zoning Map
issued by the State Geologist
for the area or based on other
substantial evidence of a
known fault? Refer to Division
of Mines and Geology Special
Publication 42.
X
ii. Strong seismic ground
shaking? X
iii. Seismic-related ground
failure, including
liquefaction?
X
iv. Landslides? X
b) Result in substantial soil erosion or the
loss of topsoil?
X
c) Be located on a geologic unit or soil
that is unstable, or that would become
unstable as a result of the project, and
potentially result in on - or off -site
landslide, lateral spreading,
subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as
defined in Table 18-1-B of the Uniform
Building Code (1994), creating
substantial risks to life or property?
X
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal
systems where sewers are not
available for the disposal of waste
water?
X
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 91 f) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
X
4.7.1 Environmental Setting
The city of Fresno, inclusive of the Project Area, is in the San Joaquin Valley which is one of the two large valleys comprising the Great Valley Geomorphic Province. The San Joaquin Valley is surrounded by Sierra Nevada (east), Coast Ranges (west), Tehachapi (south), and the Sacramento Valley (north). Th e Fresno area is set on gently southwest-sloping alluvial fans and plans formed by the San Joaquin and Kings Rivers. A brief discussion of the likelihood of seismic activities to occur in or affect Fresno is provided below.
Faulting
There are no active faults mapped in Fresno. The Project Area is not located in an Alquist- Priolo Earthquake Fault Zone as established by the Alquist-Priolo Fault Zoning Act (Section 2622 of Chapter 7.5, Division 2 of the California Public Resources Code). The nearest fault to the Project Area is the Clovis Fault, which is approximately 6.5 miles northeast of the Project Area, which is a non -active fault. The nearest active faults include San Joaquin Fault (approximately 63 miles west), Round Valley Fault ( approximately 69 miles northeast), Kings Canyon Fault (approximately 74 miles southeast), and the San Andreas Fault (approximately 74 miles southwest). 24 Subsurface Soils
According to the Geologic Hazards Investigation for the Fresno General Plan, the uppermost soils in the General Plan Planning Area (i.e., 6-12 inches) comprise very loose silty sand, silty sand with trace clay, sandy silt, clayey sand, or clayey gravel. These soils are disturbed, have low strength, and are highly compressible when saturated. Area soils between two (2) to four (4) feet below ground surface (bgs) range from loose/soft to very dense/hard clays, silts, sands, and gravels with the characteristics of moderately strong and moderately compressible. Three (3) to five (5) feet bgs soils are clays, silts, sands, and gravels that are moderately strong and slightly compressible. Various soil types comprise the Project Area.
Strong Ground Shaking
According to the Fresno General Plan , the Fresno area is subject to low to moderate ground shaking. In addition, the Fresno area is classified by FEMA Earthquake Hazard Maps as being in a moderate seismic risk zone, Category “C” or “D,” depending on the soils underlying the specific location being categorized and that location’s proximity to the nearest known fault lines. 25 The Owens Valley Earthquake of 1872 and the Coalinga Earthquake of 1982 generated ground shaking of intensity VII of the 12 -point Modified Mercalli Intensity (MMI) scale. Intensity VII earthquakes result in negligible damage to buildings, slight to modera te in well -built structures, considerable
24 California Department of Conservation. Fault Activity Map of California. Accessed on May 31, 2024, https://maps.conservation.ca.gov/cgs/fam/
25 Federal Emergency Management Agency. (2023). Earthquake Hazards Map. Accessed on May 31, 2024, https://www.fema.gov/emergency-managers/risk-management/earthquake/hazard-maps
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 92 damage in poorly built or badly designed structures, and some broken chimneys.26 All new development is required to conform to current seismic protection standards in the California Building Code (CBC), which are intended to minimize potential risks.
Liquefaction
Liquefaction is a seismic phenomenon in which loose, saturated, fine -g rained granular soils behave similarly to a fluid when subjected to high-i
ntensity ground shaking. The potential for liquefaction in the city of Fresno is low to moderate, per the Fresno County Multi-Hazard Mitigation Plan. There has been no observed liquefaction from any historic earthquake. Additionally, ground shaking, seismic settlement, and lateral spreading are not considered to be significant hazards due to the stable area soils as observed in the Geologic Hazards Investigation for the Fresno General Plan.
Erosion
Wind and flowing water are the primary agents of erosion in the San Joaquin Valley. Two (2) types of areas with moderate to high erosion potential are identified by the Fresno County Multi -Hazard Mitigation Plan: soils in the Sierra Nevada and foothills on slopes over 30 percent and soils in the western San Joaquin Valley and Coast Ranges.
According to the Fresno General Plan, Fresno is not susceptible to soil erosion except for land within 300 feet of the toe of the San Joaquin River bluff.
There are three (3) parcels within the Bluff Protection (BL) Overlay District in the Project Area, two (2) of which are currently developed (
Table 4-1 and Figure 4-3). Parcels within the BL Overlay District are subject to the following provisions set forth in the FMC Section 15-1603 to minimize potential geological and soil hazards and ensure erosion control measures are completed.
5. Geologic Impact Standards. To minimize potential geologic and soil hazards, the following provisions shall apply to all subdivisions and development within Bluff Zones I, II, and III of the San Joaquin River Bluffs environs:
a. General Provisions. General provisions for grading, drainage, and erosion:
i. Locations of streets, utilities and other facilities shall be approved by the Director and the City Engineer.
ii. Requirements for the location, design, construction, and maintenance of surface and subsurface drainage facilities shall be as determined by the Fresno Metropolitan Flood Control District.
iii. All development within Bluff Zones I, II, and III shall comply with the applicable provisions of the Building Code as adopted and amended by the City. iv. Drainage of storm and irrigation water shall be directed away from the Bluff Face to public rights-of-way or to drainage facilities approved by the Fresno Metropolitan Flood Control District. A drainage plan shall be provided and approved by the Director for each separate lot within the Bluff Influence Area, establishing methods for conveying surface water from
26 US Geological Survey (USGS), 2017. The Modified Mercalli Intensity Scale, Accessed on July 23, 2024 , https://www.usgs.gov/programs/earthquake-hazards/modified-mercalli-intensity-scale
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 93 roofs and landscaping, and drain water from all swimming pools or decorative pools to approved locations away from the Bluff Face.
v. To minimize erosion, the following shall apply to all graded, altered, or unstable bluff areas:
1. Landscaping with drought -tolerant, low -fuel plants, compatible with the bluff environs, from a list prepared by the City.
2. Landscape irrigation shall utilize drip irrigation or low precipitation systems, and must be approved by the civil engineer prior to installation.
3. Hydroseeding, netting and mulch shall be utilized to re -establish plant life, to control erosion and to discourage rodent burrowing.
b. Soils Investigation. The following types of soil evaluations shall be performed and reported:
i. Bluff Zone I. A civil engineer or soils engineer registered in the State of California shall investigate and report on soil and geologic conditions, utilizing methods consistent with accepted practices. The report shall evaluate soils and geologic conditions for development proposals located outside Bluff Zone II and shall be similar in scope to the soils investigation required under Subparagraph ii, below. The investigation and report shall identify potential surface and subsurface drainage problems that m ay ultimately affect the stability of the bluffs and any measures to mitigate such effects.
ii. Bluff Zone II. A civil engineer or soils engineer registered in the State of California shall provide a detailed Soils Investigation and Evaluation Report using methods consistent with accepted practice and shall include the following:
1. Evaluation of existing stability;
2. Evaluation of post-development slope stability;
3. Documentation of existing conditions for rock falls, block caving, creep failures, shear failures, excessive erosion and sloughing;
4. Evaluation of slope angles, subsurface drainage, proposed grading, structures, utility trenches, potential rodent population, storm drain disposal, surface irrigation and drainage, erosion, traffic vibration, potential seismic hazards, and on-site sewage disposal approximate to the bluffs;
5. Evaluation of the influence of future development and grading along the Bluff Toe for its effect on slope stability;
6. Evaluation of the adverse effect of increased surface and subsurface drainage;
7. Coordination, review, and approval of site grading and drainage plans prepared by the project civil engineer for conformance to soils and geologic reports;
8. Laboratory tests to evaluate the soil parameters to be used in determination of slope stability;
9. Determination and establishment of the location of the Bluff Toe, Bluff Edge and of any building setbacks.
iii. Bluff Zone III. A civil engineer or soils engineer registered in the State of California shall complete a Soils Investigation and Evaluation Report, involving detailed study of individual lots within the River Bluff Influence Area, as follows:
1. Zone III soils investigations will address the details of the configuration, location, type, and loading of the proposed structures and drainage plan;
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 94
2. The report shall provide detailed recommendations for foundations, drainage, and other items critical to bluff stability.
c. Filing. Filing of Soils Investigation and Evaluation Reports shall be required as follows:
i. A Zone I, Zone II or Zone III Soils Investigation and Evaluation Report and a grading plan shall be filed at the time of filing any tentative tract map or parcel map providing for lots or portions of lots within Zone I, Zone II or Zone III, or at the time of filing any application for rezoning or for special permits for parcels of land within Zone I, Zone II or Zone III; ii. For parcels of land within Zone I, Zone II or Zone III, that are not the subject of the filing of a tentative map or tentative parcel map, or that are not the subject of any application for rezoning or a special permit, a Zone I, Zone II or Zone III Soils Investigation and Evaluation Report and a grading plan shall be filed with any request for a building permit. d. Certification. The Soils Investigation and Evaluation Reports shall be certified as follows:
i. The engineer responsible for the soils investigation and evaluation report and for the grading plan shall certify that the proposed project will not cause any significant increase in the risk of damage to the bluff from erosion, slippage, subsidence, or ot her movement when grading, drainage, and other slope protection measures have been done in accordance with the Soils Investigation and Evaluation Report and the grading plan. The certificate may be executed on the face of the subdivision map or parcel map or may be contained in a separate instrument delivered to the Director. ii. The engineer responsible for the soils investigation and evaluation report and for the grading plan for parcels of land for which certification is not provided above shall file written certification with any request for a building permit that the proposed project will not cause any significant increase in the risk of damage to the bluff from erosion, slippage, subsidence or other movement, when grading, drainage and other slope protection have been done in accordance with the soils investigation and evaluation report and the grading plan. e. Completion of Erosion Controls. All erosion control measures shall be completed before the issuance of occupancy permits for residences constructed on lots within or partially within Zone II, and shall be completed before the issuance of building permits f or structures constructed on lots within or partially within Zone III.
Ground Subsidence
Ground subsidence is the settling or sinking of surface soil deposits with little or no horizontal motion. Soils with high silt or clay content are subject to subsidence. While the Co unty of Fresno identifies a significant hazard significance for subsidence due to heavy groundwater withdrawal, the city of Fresno is not known to be subject to subsidence hazards. Areas with potential for subsidence hazards are in western Fresno County over 30 miles west and southwest from the Project area, as mapped in the Fresno County Multi-Hazard Mitigation Plan.
Fresno General Plan
Geology and soils are discussed in the Noise and Safety Chapter of the Fresno General Plan. The following relevant policies of the Fresno General Plan:
Policy NS-2 Minimize risks of property damage and personal injury posed by geologic and seismic risks.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 95 Policy NS-2-a Seismic Protection. Ensure seismic protection is incorporated into new and existing construction, consistent with the Fresno Municipal Code.
Policy NS-2-b Soil Analysis Requirement. Identify areas with potential geologic and/or soils hazards, and require development in these areas to conduct a soil analysis and mitigation plan by a registered civil engineer (or engineering geologist specializing in soil geology) prior to allowing on-site drainage or disposal for wastewater, stormwater runoff, or swimming pool/spa water.
Policy NS-2-c Landfill Areas. Require proposed land uses on or near landfill areas to be designed and maintained to comply with California Code of Regulations, Title 27, Section 21190, Post Closure Land Use.
4.7.2 Impact Assessment
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
No Impact. There are no known active earthquake faults in Fresno (inclusive of the Project Area) , nor is Fresno within an Alquist- Priolo earthquake fault zone as established by the Alquist- Priolo Fault Zoning Act. As such, the implementation of the Project in an area void of earthquake faults would not cause the rupture of a known earthquake fault. Thus, no impact would occur.
ii. Strong seismic ground shaking?
Less than Significant Impact. The Fresno area, inclusive of the Project Area, is classified by the State as being in a moderate seismic risk zone, Category “C” or “D,” depending on the soils underlying the specific location being categorized and that location’s proximity to the nearest known fault lines. In addition, future development within the Project Area would be required to conform to current seismic protection standards in the CBC and General Plan policies, which are intended to minimize potential ri sks. Therefore, because of the Project Area’s distance from active fault lines, conformance with seismic protection standards, and compliance with General Plan policies, the Project does not have any aspect that could result in strong seismic ground shaking. Therefore, the Project would have a less than significant impact.
iii. Seismic-related ground failure, including liquefaction? Less than Significant Impact. The Project Area is relatively flat with stable soils and no apparent unique or significant landforms. Further, Fresno, inclusive of the Project Area, does not have significant liquefaction potential since it is in a stable geologic formation. For these reasons , liquefaction or seismically induced settlement or bearing loss is considered unlikely, even if there should be a substantial increase in ground water level. Further, future development of the Project Area would require compliance with the City’s grading and drainage standards.
Therefore, because of the Project Area’s relatively flat topography, stability of soils, infrequency of seismic activity, and required compliance with City standards , the Project does not have any aspect that could result in seismic - related ground failure, including liquefaction. Therefore, a less than significant impact would occur. iv. Landslides?
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 96 Less than Significant Impact . According to the Fresno County Multi -Hazard Mitigation Plan (HMP), landslides are generally not expected to affect the Project Area as the City of Fresno is not susceptible to landslides, subsidence, or liquefaction due to the flat topography of the Project Area and lack of significant landforms. Future development within the Project Area on flat, stable sites in areas that are not susceptible to seismic activities or geologic instability would have a very low probability for l andslides. However, there are certain areas identified by the HMP where inadequate ground cover could accelerate erosion, and thereby landslides. These areas are along the San Joaquin River.
There are three (3) parcels within the Bluff Protection (BL) Overlay District (i.e., within 300 feet of the San Joaquin River bluff) in the Project Area, two (2) of which are currently developed. Future development on these parcels is subject to provisions set forth in the Fresno Municipal Code Section 15 -1603 to minimize potential geological and soil hazards and ensure erosion control measures . Therefore, compliance with these standards and regulations would control erosion and reduce landslide risk, resulting in a less than significant impact. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Future development within the Project Area would require site preparation activities such as grading and trenching which may result in the potential for short-term soil disturbance or erosion impacts.
Future construction could also involve the use of water which may cause further soil disturbance. Such impacts would be addressed through compliance with regulations set by the State Water Resources Control Board (SWRCB).
Namely, any site that is greater than one -acre in size would require preparation of a Stormwater Pollution Prevention Plan (SWPPP) in compliance with the National Pollution Discharge Elimination System (NPDES) stormwater program. The SWPPP estimates the sediment risk associated with construction activities and includes BMPs to control erosion. BMPs specific to erosion control cover erosion, sediment, tracking, and waste management controls. Implementation of the SWPPP minimizes the potential to result in substantial soil erosion or loss of topsoil and impacts would be less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
Less than Significant Impact. The Project Area is relatively flat with no apparent unique or significant landforms.
Furthermore, the Project Area is in an area of infrequent and low historic seismic activity of nearby faults. Such factors minimize the potential for other geologic hazards such as landslides, lateral spreading, subsidence, liquefaction or collapse. Therefore, development within the Project Area is unlikely to become unstable and result in geologic hazards. However, there are three (3) parcels within 300 feet of the San Joquin River bluff , which are more susceptible to landslides due to potential acceleration of erosion . As discussed under criteria a) -iv., future development in this area is subject to provisions set forth in the Fresno Municipal Code Section 15-1603 to minimize potential geological and soil hazards and ensure erosion control measures . These provisions would ensure the reduction of landslide risk to a less than significant impact. In addition, the Project does not have any aspect that could result in a landslide, lateral spreading, subsidence, liquefaction, or collapse. Therefore, the impacts would be less than significant.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property?
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 97 Less than Significant Impact. The Project Area comprises various soils, including clay s, silts, sands, gravels, and cobbles. Clayey soils are slightly to moderately expansive as defined in Table 18 -1-B of the UBC. Specific locations of such expansive soils are currently unknown. However, future development that results from Project implementation would be required to be developed in accordance with the General Plan and FMC. FMC Section 15- 3302 requires a preliminary soils report be prepared to identify expansive soils and other soil issues in addition to inclusion of foundation support and grading parameters during the land division process . These reports typically include measures to reduce potential impacts due to soil conditions. In addition, FMC Section 15-1603 requires further grading and erosion control measures. Compliance with the requirements of the FMC would reduce potential expansive soil impacts to less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. Since the Project Area is within City Limits, future development that results from Project implementation would be required to connect to the City’s water and sewer systems, in accordance with FMC Section 6-303 – Sewer Connection Required. Thus, no septic tanks or alternative wastewater disposal systems would be installed, and no impact would occur.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant with Mitigation Incorporated . There are no known paleontological resources or unique geological features in the Project Area. Nevertheless, there is some possibility that non-visible buried resources or sites may exist and may be uncovered during future ground disturbance which would constitute a significant impact.
Fresno General Plan Policy HCR -2 and Historical Preservation Ordinance regulations would partially mitigate resources that are encountered during future development that wo uld result from Project implementation .
However, to ensure that future projects do not directly or indirectly destroy a unique paleontological resource or site or unique geologic features, the Project shall incorporate MM GEO-1 as described below. Incorporation of
mitigation would reduce impacts to less than significant.
MM GEO-1: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed:
• If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during ex cavation 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
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 98 Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City -approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualifi ed 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.
4.7.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the geology and soils related mitigation measures as identified in this section, and in the MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION
5. MM GEO-1: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed:
• If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during ex cavation 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 City -approved institution or person who is capable of providing long-term preservation to allow future scientific study.
• If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Simil ar 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,
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 99 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.
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4.8 GREENHOUSE GAS EMISSIONS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
X
b) Conflict with an applicable plan, policy
or regulation adopted for the purpose
of reducing the emissions of
greenhouse gases?
X
4.8.1 Environmental Setting
In assessing the significance of impacts from GHG emissions, Section 15064.4(b) of the CEQA Guidelines states that a lead agency may consider the following along with other factors:
• The extent to which the project may increase or reduce GHG emissions as compared to the environmental setting;
• Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project;
• The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions.
The California Air Resources Board (CARB) 2022 Climate Change Scoping Plan, guidance from the SJVAPCD, and City of Fresno General Plan are discussed below and are utilized as thresholds of significance. 2022 Climate Change Scoping Plan
The CARB 2022 Climate Change Scoping Plan is the adopted statewide plan for reduction and mitigation of GHGs to implement Assembly Bill (AB) 1279. AB 1279 was issued on August 12, 2022, to require California to achieve “net zero greenhouse gas emissions” as soon as possible and to further reduce anthropogenic GHG emissions thereafter.
It sets a statewide goal to reduce emissions 85% below 1990 levels no later than 2045.
Consequently, the Scoping Plan involves several measures for cost-effective reduction of GHG emissions, including continuing existing programs such as Renewable Portfolio Standard, Advanced Clean Cars, Low Carbon Fuel Standard, etc., and achieving new mand ates to decarbonize several sectors. Along with reducing emissions, environmental justice policies are included to address the ongoing air quality disparities.
Appendix D of the 2022 Scoping Plan include recommendations to build momentum for local government actions to align with State goals, including through CEQA review. The Appendix outlines the priority GHG reduction
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 101 strategies for local governments, including transportation electrification, VMT reduction, and building decarbonization. 27
SJVAPCD CEQA Air Quality Guidelines
The SJVAPCD’s Guidance for Valley Land Use Agencies in Addressing GHG Impacts for New Projects Under CEQA (2009) provides screening criteria for climate change analyses, as well as draft guidance for the determination of significance.
28,29 These criteria are used to evaluate whether a project would result in a significant climate change impact (see below). Projects that meet one of these criteria would have less than significant impact on the global climate.
• Does the project comply with an adopted statewide, regional, or local plan for reduction or mitigation of GHG emissions? If no, then:
• Does the project achieve 29% GHG reductions by using approved Best Performance Standards (BPS)? If no, then
• Does the project achieve AB 32 targeted 29% GHG emission reductions compared with Business As Usual (BAU)?
Assembly Bill (AB) 32 was enacted by the California State legislature in 2006 with the aim to reduce GHG emissions to levels of 1990 by 2020. Recommended actions to achieve these aims were adopted by the California Air Resources Board (CARB) in 2008 (i.e., the Climate Change Scoping Plan). However, the 29% GHG emission reductions compared to BAU threshold is outdated since it is aimed to meet AB 32’s 2020 goals, thus this threshold would not be used for analysis.
San Joaquin Valley Air Pollution Control District
SJVAPCD adopted Guidance for Valley Land - use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA and the policy District Policy—Addressing GHG Emission Impacts for Stationary Source Projects Under CEQA When Serving as the Lead Agency in 2009. It recognized that project -specific emissions are cumulative and could be considered cumulatively considerable without mitigation. SJVAPCD suggested that the requirement to reduce GHG emissions for all projects is the best method to address this cumulative impact.
The SJVAPCD requires quantification of GHG emissions for all projects which the lead agency has determined that an EIR is required. Although an EIR is not required for the Project, the GHG emissions are quantified below. Short- term construction and long-term operational GHG emissions for project buildout were estimated using CalEEModTM (version 2022.1.1.26). (See Appendix A). CalEEMod is a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify GHG emissions from land
27 California Air Resources Board. (2022). 2022 Scoping Plan Appendix D. Accessed on May 29, 2024 , https://ww2.arb.ca.gov/sites/default/files/2022-11/2022-sp-appendix-d-local-actions.pdf 28 San Joaquin Valley Air Pollution Control District. (2009). Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. Accessed May 29, 2024, http://www.valleyair.org/Programs/CCAP/12-17- 09/3%20CCAP%20-%20FINAL%20LU%20Guidance%20-%20Dec%2017%202009.pdf. 29 San Joaquin Valley Air Pollution Control District. (2000). Environmental Review Guidelines: Procedures for Implementing the California Environmental Quality Act. Accessed May 29, 2024, http://www.valleyair.org/transportation/CEQA%20Rules/ERG%20Adopted%20_August%202000_.pdf
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 102 use projects. The model quantifies direct GHG emissions from construction and operation (including vehicle use), as well as indirect GHG emissions, such as GHG emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. Emissions are expressed in annual metric tons of CO2 equivalent units of measure (i.e., MTCO2e), based on the global warming potential of the individual pollutants.
City of Fresno Proposed Text Amendment for Ministerial Approval The City of Fresno’s proposed Text Amendment for ministerial approval prohibits ministerial approval of projects which exceed development or impact thresholds. The following language would prohibit ministerial approval of a project that exceeds development or impact thresholds related to greenhouse gas emissions. Projects that exceed these thresholds would be required to obtain a Development Permit. The full Text Amendment is provided in Appendix E.
B. Exceptions.
2. Development or Impact Thresholds. A project site that is determined to require additional review or improvements based on a technical study or analysis required pursuant to any of the following, must obtain a Development Permit unless otherwise specified below. e. If the Project would exceed 224 units for low-rise (1-2 levels), 225 units for mid-rise (3-10 levels), or 340 units for high-rise (10+ levels) apartments, and generate more than 800 average daily one-way trips. If the project exceeds this threshold but a technical assessment for operational and construction emissions determines the project will be below applicable air district thresholds, then the project can be processed as a zone clearance.
Thresholds of Significance
Since the SJVAPCD and the City of Fresno do not have established GHG significance emissions thresholds, the Project is assessed based on its consistency with the CARB’s latest adopted Scoping Plan, including the Project’s compliance with relevant Scoping Plan measures, in addition to the latest RTP/SCS for the region. Of note, the Scoping Plan is consistent with AB 1276 GHG reduction targets toward achieving carbon neutrality by 2045 and reducing anthropogenic emissions to 85% below 1990 levels by 2045. Therefore, consistency with CARB’s Scoping Plan would also demonstrate consistency with carbon neutrality requirements of AB 1279. This analysis provides a qualitative assessment of the Project’s compliance with the applicable plans, policies, and regulations for the purpose of reducing GHGs to determine whether the project would have a significant impact on the environment relative to GHGs. The Project’s estimated construction and operation-related GHG emissions are provided for the purposes of disclosure
4.8.2 Impact Assessment
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant Impact. Although no specific development is proposed, the Project proposes a Text Amendment that would ministerially allow residential development in office, multi -family, and mixed -use zones.
Future residential developments resulting from implementation of the Project may contribute to climate change impacts through contribution of GHGs. These developments would generate a variety of GHGs during construction
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 103 and operations, including several defined by AB 32, such as CO 2, CH4, and N 2O from the exhaust of equipment during construction and on-road vehicle trips during construction and operations.
The 2024 CEQA Guidelines do not establish a quantitative threshold of significance for GHG impacts, leaving lead agencies the discretion to establish such thresholds for their respective jurisdictions. The City of Fresno does not have an adopted climate action plan (CAP) that establishes thresholds for GHG emissions . As a result, since the SJVAPCD and the City of Fresno do not have established GHG significance emissions thresholds, the following utilizes qualitative analysis for GHG impacts. Short-term construction and long-term operational GHG emissions for project buildout were estimated using CalEEMod TM (version 2022.1.1.26). See Section 4.3.2 for CalEEMod Assumptions. As such, this is a worse-case scenario. See Appendix A for output files.
Construction Emissions
Regarding construction, the SJVAPCD does not recommend assessing pollution associated with construction, as pollution-related construction will be temporary. These construction GHG emissions are a one -time release. As such, it can be anticipated that these construction emissions would not generate a significant contribution to global climate change over the lifetime of the Project. The overall construction GHG emissions associated with a one (1)- year buildout of residential units, or 748 units, on office, mixed -use, and multi-family zoned districts, is 2,521 MT CO2e based on the CalEEMod run. The development of 748 multi-family residential units per year assumes that all vacant/undeveloped land on office, mixed-use, and multi-family zoned districts within the current city limits would be fully developed within 30 years. As such, this is a worse-case scenario.
Operational Emissions
Regarding the long-term operational related GHG emissions, the estimated operational emissions for buildout of the Project incorporates the potential area source and vehicle emissions, and emissions associated with utility and water usage, and wastewater and solid waste generation. The annual operational GHG emissions associated with a one (1)-year buildout of residential units, or 748 units, on office, mixed -use, and multi -family zoned districts , is 4,715 MT CO2e based on the CalEEMod run.
Further, the Project would not exceed the thresholds of significance for construction or operational emissions as discussed in
Section 4.3. Additionally, as discussed in more detail below, the Project would be generally consistent with the applicable goals and policies related to GHG reduction measures, including CARB’s 2022 Scoping Plan and SJVAPCD guidelines, and the City of Fresno General Plan goals and policies that aim to reduce air emissions and improve air quality, which reduces GHG emissions as a result. Cumulatively, these emissions would not generate a significant contribution to global climate change over the lifetime of the proposed Project. As such, it can be determined that the Project would not occur at a scale or scope with potential to contribute substantially or cumulatively to the generation of GHG emissions and therefore the impact would be less than significant. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact. The compatibility of the Project with the 2022 Scoping Plan, Fresno Council of Governments (FCOG) Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS), and the City of Fresno General Plan is analyzed below.
Consistency with the 2022 Climate Change Scoping Plan
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 104 Based on the evaluation shown in Table 4-10, the Project is consistent with the reduction measures identified in the 2022 Scoping Plan. The reduction measures are derived from the 2022 Scoping Plan Table 1 – Priority GHG Reduction Strategies, which provides three ( 3) priority areas to assist jurisdictions with developing local climate action plans.
Table 4-10 Scoping Plan Priority GHG Reduction Strategies Consistency Analysis Priority GHG Reduction Strategies Consistency/Applicability Determination Priority Area 1: Transportation Electrification
Convert local government fleets to ZEVs and provide EV
charging at public sites.
Not Applicable. This is a strategy that would be
implemented at jurisdiction level and is not proposed as part of the Project.
Create a jurisdiction -specific ZEV ecosystem to support deployment of ZEVs statewide (such as building standards that exceed state building codes, permit streamlining,
infrastructure siting, consumer education, preferential parking policies, and ZEV readiness plans).
Not Applicable. This is a strategy that would be
implemented at the jurisdiction -level and is not proposed as part of the Project.
Priority Area 2: VMT Reduction
Reduce or eliminate minimum parking standards. Not Applicable. This is not proposed as part of the Project; the Text Amendment is specific to residential uses and
approval processes for residential uses. Other standards are not addressed by the Project.
Implement Complete Streets policies and investments,
consistent with general plan circulation element
requirements.
Consistent. All roadway improvements be required by the City to comply with current City of Fresno Standard
Drawings. Standard Drawings for local, collector, arterial, boulevard, etc., includes curb, gutter, and sidewalks on both sides of the street. The City of Fresno adopted the Complete Streets Policy on October 10, 2019. 30
Compliance with complete streets would be reviewed
during the building permit process.
Increase access to public transit by increasing density of development near transit, improving transit service by
increasing service frequency, creating bus priority lanes, reducing or eliminating fares, micro transit, etc.
Consistent. The Project proposes to allow ministerial
approval of multi- family residential development in multi- family, mixed use, and office zone districts. 98.5% of these parcels are within 0.5-mile of an existing bus stop. As such, the Project increases access to public transit by
encouraging development near transit.
Increase public access to clean mobility options by planning for and investing in electric shuttles, bike share, car share, and walking.
Consistent. Future development resulting from
implementation of the Project would require
improvements including pedestrian facilities (i.e.,
sidewalks) within the site and connecting to adjacent
properties. As such, future development projects would
increase public access to clean mobility options such as walking and biking through the development and
connectivity of complete streets. Additionally, 98.5% of the Project parcels are within existing bus stops. Encouraging development in these areas would increase public access to clean mobility option (i.e., bus).
30 City of Fresno. Complete Streets. Accessed July 26, 2024, https://www.fresno.gov/publicworks/announcements-and- highlights/#complete-streets
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 105 Implement parking pricing or transportation demand
management pricing strategies.
Not Applicable. The Project is a Text Amendment the Text Amendment that is specific to residential uses and approval processes for residential uses. Programs are not addressed by the Project.
Amend zoning or development codes to enable mixed -use, walkable, transit -oriented, and compact infill development (such as increasing the allowable density of a neighborhood) Consistent. The Project proposes a Text Amendment to
allow ministerial approval of multi -family residential development in multi-family zone districts within 0.5 -mile of an existing bus stop and in mixed use zone districts within the city’s Infill Priority Area. As such, the proposed Text Amendment encourages mixed -use, walkable, transit -
oriented, and compact infill development within the city.
Preserve natural and working lands by implementing land use policies that guide development toward infill areas and do not convert “greenfield” land to urban uses (e.g., green belts, strategic conservation easements)
Consistent. The Project does not change planned land use that would convert preserved lands into urban uses. While there are some Prime Farmlands within the Project Area, those parcels would not be eligible for ministerial approval under the Text Amendment, and thus is not a part of the Project.
Priority Area 3: Building Decarbonization
Adopt all -electric new construction reach codes for
residential and commercial uses.
Not Applicable. This is a strategy that would be
implemented at the jurisdiction -level and is not proposed as part of the Project.
Adopt policies and incentive programs to implement energy efficiency retrofits for existing buildings, such as
weatherization, lighting upgrades, and replacing energy - intensive appliances and equipment with more efficient
systems (such as Energy Star -rated equipment and
equipment controllers)
.
Not Applicable . This is a strategy that would be
implemented at the jurisdiction -level and is not proposed as part of the Project.
Adopt policies and incentive programs to electrify all
appliances and equipment in existing buildings such as
appliance rebates, existing building reach codes, or time of sale electrification ordinances
Not Applicable. This is a strategy that would be
implemented at the jurisdiction -level and is not proposed as part of the Project.
Facilitate deployment of renewable energy production and distribution and energy storage on privately owned land uses (e.g., permit streamlining, information sharing)
Not Applicable. This is not proposed as part of the Project.
However, future residential developments would be
required to comply with the 2022 Energy Code, which has solar photovoltaic (solar PV) system requirements for all newly constructed multi-family buildings
Deploy renewable energy production and energy storage
directly in new public projects and on existing public facilities (e.g., solar photovoltaic systems on rooftops of municipal buildings and on canopies in public parking lots, battery storage systems in municipal buildings)
Not Applicable. The Project does not include public
buildings or facilities.
Consistency with the SJVAPCD Climate Change Action Plan The Climate Change Action Plan (CCAP) suggests different approaches to addressing GHG emission impacts under CEQA. No specific method is identified or mandated. The SJVAPCD’s Final Staff Report for the CCAP mentions both quantitative thresholds and qualitative approaches.31 Per the Staff Report, “For development projects, the District
31 San Joaquin Valley Air Pollution Control District. (2009). Final Staff Report – Climate Change Action Plan: Addressing GHG Emissions Impacts Under CEQA. Accessed July 23, 2024, https://ww2.valleyair.org/media/mdfm0lsd/1-ccap-final-ceqa-ghg- staff-report-dec-17-2009.pdf
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 106 used its Indirect Source Review database of development projects to [establish] baseline GHG emissions for both residential and non-residential development projects.” However, there are no numerical thresholds at the SJVAPCD level. As such, the Project assesses GHG impacts in this section and would not conflict with the CCAP.
Consistency with the FCOG RTP/SCS
The FCOG 2022 RTP/SCS includes a series of goals for the region that would reduce GHG emissions based on the land use consistency and the reduction of vehicle trips through promoting intermodal transportation systems. Most goals and policies are implemented at the regional or city level. Since the proposed Project is an infill development (i.e., within city limits and generally surrounded by existing development), encourages active transportation since
98.5% of Project parcels are within 0.5-mile of an existing bus stop, and would be subject to local regulations, the Project would be generally consistent with goals and policies identified in the RTP/SCS.
Consistency with the City of Fresno General Plan
The City of Fresno General Plan established several policies to reduce air emissions. All air quality and greenhouse gas emissions policies are implemented at the city level. Since the Project is compliant with CalGreen standards, Title 24, and does not propose a use that would generate excessive greenhouse gas emissions, the Project is generally consistent with the General Plan. In conclusion, the Project contains features that would reduce GHG emissions in compliance with CARB 2022 Climate Change Scoping Plan, guidance from the SJVAPCD, SJVAPCD Climate Change Action Plan, FCOG RTP/SCS, and Fresno General Plan. As such, the Project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, and therefore the impact would be less than significant.
4.8.3 Mitigation Measures
None required.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 107
4.9 HAZARDS AND HAZARDOUS MATERIAL
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Create a significant hazard to the
public or the environment through
the routine transport, use, or disposal
of hazardous materials?
X
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
X
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
X
d) Be located on a site which is included
on a list of hazardous materials sites
compiled pursuant to Government
Code Section 65962.5 and, as a result,
would it create a significant hazard to
the public or the environment?
X
e) For a project located within an airport
land use plan or, where such a plan
has not been adopted, within two
miles of a public airport or public use
airport, would the project result in a
safety hazard for people residing or
working in the project area?
X
f) Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
X
g) Expose people or structures, either
directly or indirectly, to a significant
risk of loss, injury or death involving
wildland fires?
X
4.9.1 Environmental Setting
California Health and Safety Code Section 25501 defines a hazardous material as follows: “Hazardous material” means any material that, because of its quantity, concentration, or physical, or chemical characteristics, poses a significant present or potentia l hazard to human health and safety or to the environment if released into the
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 108 workplace or the environment. “Hazardous materials” include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
“Hazardous wastes” are defined in California Health and Safety Code Section 25141(b) as wastes that: because of their quantity, concentration, or physical, chemical, or infectious characteristics, [may either] cause, or significantly contribute to an incre ase in mortality or an increase in serious illness [or] pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Regulatory Setting
The California Environmental Protection Agency (CalEPA) was established in 1991 to protect the environment.
CalEPA oversees the Unified Program through Certified Unified Program Agencies (CUPAs), which consolidates six (6) environmental programs to ensure the handling of hazardous waste and materials in California. The local CUPA in Fresno County, HazMat Compliance Program, oversees the following six (6) CUPA programs: 32 • Hazardous Materials Business Plan (HMBP)
• California Accidental Release Program (CalARP)
• Underground Storage Tank Program (UST)
• Aboveground Storage Tank Program (APSA)
• Hazardous Waste Generator Program
• Tiered Permitting Program
The CalEPA Cortese List Data Resources compiles five (5) lists that provide information on hazardous materials facilities or sites meeting the Cortese List requirements.33 The Cortese List is a database or list of hazardous waste sites in California that is distributed to each city and county . This database identifies hazardous waste facilities in accordance with Government Code Section 65962.5. The Cortese List includes:
• List of Hazardous Waste and Substances sites from Department of Toxic Substances Control (DTSC) EnviroStor database.
• List of Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker database. • List of solid waste disposal sites identified by Water Board with waste constituents above hazardous waste levels outside the waste management unit.
• List of “active” CDO and CAO from Water Board.
• List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC.
32County of Fresno. HazMat Compliance: The Designated CUPA. Accessed on May 30, 2024, https://www.fresnocountyca.gov/Departments/Public-Health/Environmental-Health/HazMat-Compliance-The-Designated-CUPA 33 California Environmental Protection Agency. (2022). Cortese List Data Resources. Accessed on May 30, 2024, https://calepa.ca.gov/sitecleanup/corteselist/
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 109 According to the CCR Title 22, soils excavated from a site containing hazardous materials is considered hazardous waste, and remediation actions should be performed accordingly. Cleanup requirements are determined case-by- case by the jurisdiction.
The Department of Toxic Substances Control (DTSC) is another agency in California that regulates hazardous waste, conducts inspections, provides emergency response for hazardous materials-related emergencies, protects water resources from contamination, removing wastes, etc. DTSC acts under the authority of Resource Conservation and Recovery Act (RCRA) and California Health and Safety Code. The DTSC implements the California Code of Regulations (CCR) Title 22 Division 4.5 to manage hazardous waste. Government Code Section 65962.5 requires that DTSC shall compile and update at least annually a list of:
(1) All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code (“HSC”).
(2) All land designated as hazardous waste property or border zone property pursuant to Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code. (3) All information received by the Department of Toxic Substances Control pursuant to Section 25242 of the Health and Safety Code on hazardous waste disposals on public land. (4) All sites listed pursuant to Section 25356 of the Health and Safety Code. (5) All sites included in the Abandoned Site Assessment Program.
Fresno General Plan
The General Plan includes objectives and policies relevant to hazards and hazardous materials in its Noise and Safety Element:
OBJECTIVE NS-4 Minimize the risk of loss of life, injury, serious illness, and damage to property resulting from the use, transport, treatment, and disposal of hazardous materials and hazardous wastes.
Policy NS-4-a Processing and Storage. Require safe processing and storage of hazardous materials, consistent with the California Building Code and the 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-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.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 110 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 hazardous materials and waste management laws and regulations.
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.
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.
OBJECTIVE NS-6 Foster an efficient and coordinated response to emergencies and natural disasters.
Policy NS-6-a County Multi -Jurisdiction Hazard Mitigation Plan. implement the Fresno County Multi - Jurisdiction Hazard Mitigation Plan and City of Fresno Local Hazard Mitigation Plan Annex.
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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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 111 Policy NS-6-d Evacuation Planning. Maintain an emergency evacuation plan in consultation with the Police and Fire Departments and other emergency service providers, which shows potential evacuation routes and a list of emergency shelters to be used in case of catastrophic emergencies.
Policy NS-6-e Critical Use Facilities. Ensure critical use facilities (e.g. City Hall, police and fire stations, schools, hospitals, public assembly facilities, transportation services) and other structures that are important to protecting health and safety in the community remain operational during an emergency. • Site and design these facilities to minimize their exposure and susceptibility to flooding, seismic and geological effects, fire, and explosions.
• Work with the owners and operators of critical use facilities to ensure they can provide alternate sources of electricity, water, and sewerage in the event that regular utilities are interrupted in a disaster.
Policy NS-6-f Emergency Vehicle Access. Require adequate access for emergency vehicles in all new development, including adequate widths, turning radii, hard standing areas, and vertical clearance.
Policy NS-6-g Emergency Preparedness Public Awareness Programs. Continue to conduct programs to inform the general public, including people with access and functional needs, of the City’s emergency preparedness and disaster response procedures.
City of Fresno Proposed Text Amendment for Ministerial Approval The City of Fresno’s proposed Text Amendment for ministerial approval prohibits ministerial approval of projects in “Sensitive Areas” or which exceed development or impact thresholds. The following language would prohibit approval of a project that is located on a parcel that contains any of the following characteristics related to hazards and hazardous materials . Projects that meet these characteristics would be required to obtain a Development Permit. The full Text Amendment is provided in Appendix E.
B. Exceptions
1. Sensitive Areas. A project that is located on a parcel that contains any of the following characteristics must obtain a Development Permit.
d. Safety Zones 1 (RPZ), 2 (IADZ) or 3 (ITZ) within the Airport Influence Area as designated by the Airport Land Use Commission of Fresno County;
e. Hazardous sites (e.g. Cortese List references);
2. Development or Impact Thresholds. A project site that is determined to require additional review or improvements based on a technical study or analysis required pursuant to any of the following, must obtain a Development Permit unless otherwise specified below.
a. If after a Phase I ESA is completed, a Phase II ESA is recommended.
4.9.2 Impact Assessment
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 112 Less than Significant Impact with Mitigation Incorporated . Although no specific development is proposed, the Project proposes a Zoning Ordinance Text Amendment that would permit residential development in office, multi- family, and mixed-use zones. These zone districts do not permit manufacturing, processing, or heavy industrial uses that typically involve the use, storage, and transport of hazardous materials. Future, storage, use, and disposal of hazardous materials is typically lessened with residential uses. However, restriction of manufacturing, processing, or heavy industrial uses in these zone districts does not eliminate the potential for upset or accidental conditions that occur during construction or operation of future residential development.
Ground-disturbing activities could expose contaminated soils from aerially deposited lead (e.g., roadsides and medians) or organochlorinated pesticides (e.g., agricultural, weed abatement, or related activities).
Building/structure demolition or modificati ons would expose lead -based paints or products, asbestos containing materials and polychlorinated biphenyl caulk (e.g., buildings or structures built prior to 1978). Or, imported soils to backfill excavated areas could be contaminated and the transport and use of those soils on the development site could create a hazard.
Compliance with local, state, and federal regulations, including but not limited to compliance with EPA’s oil spills prevention and preparedness regulations, California Office of Emergency Services implementation of hazardous materials accident prevention, and California Department of Toxic Substance Control permitting, regulations as administered by Fresno County, and Fresno General Plan policies under Objective NS -4, in addition to standard equipment operating practices as indicated in operator manuals, would minimize the potential for impacts. To further reduce impacts, the Project shall incorporate MM HAZ-1 and MM HAZ-2 as described below. Incorporation of mitigation would reduce impacts to less than significant.
MM HAZ-1: Prior to the issuance of a grading permit, project applicants for all future development projects within the Project Area that 1) would involve ground-disturbing activities that would expose soils and/or 2) result in the demolition or modification of buildings constructed prior to 1978 shall complete a Phase I ESA (performed in accordance with the current ASTM Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process [E 1527]) for each individual property prior to development or redevelopment to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Condition (HRECs), and Potential Environmental Concerns (PECs). The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for follow- up investigation, including Phase II ESA, site characterization, and/or remedial activities if found to be warranted. Regulatory concurrence shall be provided by a State of Calif ornia environmental regulatory agency such as California Department of Toxic Substances Control, Regional Water Quality Control Board, Fresno County Environmental Health Department, or a local agency that meets the requirements of Assembly Bill AB 304. Concurrence shall indicate the site is safe for construction and the proposed use.
MM HAZ-2: In order to minimize the potential of introducing contaminated fill material onto a site, it is necessary to verify through documentation that the fill source is appropriate and/or to have the fill material analyzed for potential contaminants based on the location and history of the source area. Fill documentation shall include detailed information on the previous use of the land from where the fill is taken, whether an environmental site assessment was performed and its findings, and the results of any testing performed.
Any such documentation must be signed by an appropriately licensed (CA -registered) individual. If such documentation is not available or is inadequate, samples of the fill material should be chemically analyzed.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 113 Analysis of the fill material should be based on the source of the fill and knowledge of the prior land use.
Detectable amounts of compounds of concern within the fill material should be evaluated for risk in accordance with the Department of Toxic Substances Control Preliminary Endangerment Assessment (PEA) Guidance Manual , in addition to Regional Water Quality Control Board guidelines for reuse of non- hazardous petroleum hydrocarbon contaminated soil . If metal analyses are performed, only those metals (CAM 17 / Title 22) to which risk levels have been assigned need to be evaluated. The findings and conclusions of the documentation and analysis shall become the basis for potential recommendations for follow-up investigation, including Phase I ESA, II ESA, site characterization, and/or remedial activities if found to be warranted. Regulatory concurrence shall be provided by a State of California environmental regulatory agency such as California Department of Toxic Substances Control, Regional Water Quality C ontrol Board, Fresno County Environmental Health Department, or a local agency that meets the requirements of Assembly Bill AB 304. Concurrence shall indicate the site is safe for construction and the proposed use. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact with Mitigation Incorporated . As described under criterion a) above, while it is not anticipated that the types of future residential uses within the Project Area would involve any operations that would require routine transport, use, or disposal of hazardous materials, the potential for upset or accidental conditions is not eliminated. Compliance with local, state, and federal regulations, and standard equipment operating practices would minimize the potential for impacts , which would be further reduced by MM HAZ -1 and MM HAZ -2 as
described above. With mitigation incorporated, impacts would be less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than Significant Impact with Mitigation Incorporated. There are several schools within one-quarter mile of the Project Area. Although no development is proposed by the Project, it can be anticipated that future development would occur within one-quarter mile of existing or proposed schools. As described under criteria a) and b), potential impacts from hazardous materials would be mitigated through compliance with local, state, and federal regulations in addition to standard equipment operating practice s, and MM HAZ-1 and MM HAZ -2. Therefore, the Project would have a less than significant impact with mitigation incorporated d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Less than Significant Impact with Mitigation Incorporated. The California Environmental Protection Agency (EPA) Cortese List Data Resources compiles five (5) lists that provide information on hazardous materials facilities or sites meeting the Cortese List requirements. 34 This database identifies hazardous waste facilities in accordance with Government Code Section 65962.5. The Cortese List includes:
35 California Department of Toxic Substances Control. Envirostor. Accessed May 30, 2024, https://www.envirostor.dtsc.ca.gov/public/map/?global_id=38330005
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 114 • List of Hazardous Waste and Substances sites from Department of Toxic Substances Control (DTSC) EnviroStor database.
• List of Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker database. • List of solid waste disposal sites identified by Water Board with waste constituents above hazardous waste levels outside the waste management unit.
• List of “active” CDO and CAO from Water Board.
List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC. There are properties within the Project Area that have known contaminated groundwater, aquifers, and soils. These hazardous sites are mapped in Figure 4 -9 based on data from the EnviroStor and GeoTracker databases. 35 The Project includes a Text Amendment that would allow new multi -family residential development on Office- zoned parcels, either ministerially or with a discretionary permit, and allow ministerial approval of multi-family residential development on parcels in multi-family zone districts that are within ½ mile of an existing bus stop. The Text Amendment would prohibit ministerial approval of new multi -family residential development on parcels within the Project Area that are included on a list of hazardous materials sites pursuant to Government Code Section 65962.5.
However, there is potential that future development resulting from Project implementation could develop on a site that is included on the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Contaminated sites are required by local, state, and federal regulations to be cleaned up. Clean up activities typically include decontamination and remediation, subject to applicable procedures, protocols, and standards as required by the oversight agency. Compliance with these requirements would reduce potential impacts , but not does eliminate the potential where hazardous materials are currently unknown and not listed in databases to be found.
Incorporation of
MM HAZ-1 and MM HAZ-2 as described under criterion a) would require site assessments and remediation activities, which would reduce impacts to less than significant.
35 California Department of Toxic Substances Control. Envirostor. Accessed May 30, 2024, https://www.envirostor.dtsc.ca.gov/public/map/?global_id=38330005
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 115
Figure 4-9 Hazardous Waste Sites
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 116 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
Less than Significant Impact. There are three (3) airports located in Fresno: Fresno-Yosemite International Airport, Fresno Chandler Executive Airport, and Sierra Sky Park (private). The environs of these public use airports in Fresno County are protected by provisions in the state-mandated Airport Land Use Compatibility Plan (ALUCP). The ALUCP is intended to protect and promote the safety and welfare of residents, businesses, and airport users near the public use airports by ensuring that people and facili ties are not concentrated in areas susceptible to aircraft accidents, protecting the public from the adverse effects of airport noise, and ensuring that no structures or activities encroach upon, or adversely effect, the use of navigable airspace.
The geographic scope for the ALUCP is demarcated by an Airport Influence Area (AIA) boundary for each airport within the plan. According to the ALUCP, the AIA is “the area in which current and projected future airport-related noise, safety, airspace protection, or overflight factors/layers may significantly affect land use or necessitate restrictions on uses by an ALUC.” Within each AIA is a delineated “safety zone .” Each safety zone has applicable land use compatibility standards to restrict the development of land uses that could pose particular hazards to the public or to vulnerable populations in case of an aircraft accident. The safety zone land use compatibility standards also include intensity criteria, or maximum densities, intensities (persons per acre), and required open space.
There are approximately 1 5 parcels within the Project Area that are within an AIA boundary and are within an airport safety zone (
Table 4-11). The subject parcels are within Zone 1 – Runway Protection Zone (RPZ), Zone 2 – Inner Approach/Departure Zone (IADZ), or Zone 3 – Inner Turning Zone (ITZ ). Of these zones, all structures are prohibited in Zone 1 (RPZ) and residential uses are prohibited in Zone 2 (IADZ) and Zone 3 (ITZ), except for very low density residential (i.e., less than one (1) dwelling unit per 10 acres) and infill in developed areas. According to the ALUCP, a parcel can be considered for infill development if it meets all the following criteria listed below. • The parcel size is no larger than 10.0 acres.
• At least 65% of the site’s perimeter is bounded (disregarding roads) by existing uses similar to, or more intensive than those proposed. For projects adjacent to an undeveloped parcel, the closest developed lot may be used.
• The proposed project would not extend the perimeter of the area defined by the surrounding, already developed, incompatible uses.
• Further increases in the residential density, nonresidential usage intensity, and/or other incompatible design or usage characteristics (e.g., through use permits, density transfer, addition of second units on the same parcel, height variances, or other strategy) are prohibited. • The area to be developed cannot previously have been set aside as open land in accordance with policies contained in this compatibility plan unless replacement open land is provided within the same compatibility zone.
• For residential development, the average development density (dwelling units per gross acre) of the project site shall not exceed the average density represented by all existing lots that lie fully or partially within a distance of 300 feet from the boundary of the parcel to be divided.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 117 Table 4-11 Parcels within the Project Area that are in an AIA/Safety Zone APN Lot Area (acres) Zone District AIA Safety Zone
458-090-51 0.89 O Fresno Chandler
Executive Airport
Zone 3 (ITZ)
458-090-56 1.08 O Fresno Chandler
Executive Airport
Zone 3 (ITZ)
458-090-66 0.25 O Fresno Chandler
Executive Airport
Zone 3 (ITZ)
458-090-70 8.51 O Fresno Chandler
Executive Airport
Zone 3 (ITZ)
464-040-63 4.76 O Fresno Chandler
Executive Airport
Zone 3 (ITZ)
464-040-86T 2.82 O Fresno Chandler
Executive Airport
Zone 3 (ITZ)
507-030-09 0.17 O Sierra Sky Park Zone 3 (ITZ)
507-030-10 0.29 O Sierra Sky Park Zone 3 (ITZ)
507-030-13 2.06 O Sierra Sky Park Zone 2 (IADZ)
Zone 3 (ITZ)
507-030-14 0.29 O Sierra Sky Park Zone 2 (IADZ)
Zone 3 (ITZ)
507-030-15 2.13 O Sierra Sky Park Zone 2 (IADZ)
Zone 3 (ITZ)
507-030-16 2.18 O Sierra Sky Park Zone 2 (IADZ)
Zone 3 (ITZ)
507-030-40 4.19 O Sierra Sky Park Zone 2 (IADZ)
Zone 3 (ITZ)
507-030-47S 2.58 O/CG/OS Sierra Sky Park Zone 1 (RPZ)
Zone 2 (IADZ)
507-030-48ST 14.58 O/OS Sierra Sky Park Zone 1 (RPZ)
Zone 2 (IADZ)
The Project includes a Text Amendment that would allow new multi-family residential development on Office-zoned parcels, either ministerially or with a discretionary permit, and allow ministerial approval of multi-family residential development on parcels in multi-family zone districts that are within ½ mile of an existing bus stop. The Text Amendment would prohibit ministerial approval of new multi-family residential development on parcels within the Project Area that are within an AIA/safety hazard zone as identified in Table 4-11 and discussed above.
According to the ALUCP, proposed development actions determined to be consistent or conditionally consistent with the ALUCP do not require further review, unless the proposed development is within the AIA and one or more of the following conditions occur (listed below). The purpose of the consistency assessment is to restrict development that could pose hazard to public or vulnerable populations in case of an aircraft accident.
The consistency determination results in one of three (3) findings including 1) consistent with all four (4) compatibility factors in the ALUCP, 2) conditionally consistent with the ALUCP, or 3) not consistent with the ALUCP.
If the project is deemed consistent with all four (4) compatibility factors in the ALUCP, the local agency may proceed with its decision. If the project is deemed conditionally consistent with the ALUCP, then conditions that correspond to the policies and standards of the ALUCP would b e applied; responsibility to ensure compliance with conditions
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 118 would rest with the local agency. If the project is deemed inconsistent with the ALUCP, then the local agency may not approve the proposed project unless it overrules the finding in accordance with State Law.
As such, future development on parcels within an AIA and designated safety zones, including Zone 1 (RPZ), Zone 2 (IADZ), and Zone 3 (ITZ) would be subject to review by the Fresno C OG ALUC and/or subject to verification of compliance with the ALUCP by City staff to determine land use compatibility and receive a finding of consistency prior to approval. Therefore, through compliance with the ALUCP, the P roject would not result in a safety hazard for people residing or working in the area and impacts would be less than significant. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. The City of Fresno’s Emergency Operations Plan describes City actions during a response to an emergency , including coordination between the City and other local, state, and federal agencies .
The lead departments for local emergency response efforts are the Fresno Police Department and Fresno Fire Department. Implementation of the Project would result in Zoning Ordinance Text Amendments that could facilitate future development within the Project Area. When proposed, future development within the Project Area would be reviewed to ensure that they do not impair infrastructure associated with evacuation, emergency response, and emergency access routes within the City or County. Construction of off -site improvements may require lane closures; however, these activities would be short-term and access through existing roadways would be maintained through standard traffic control plans. Furthermore, future development would be subject to compliance with applicable standards for on-site emergency access including turn radii and fire access pursuant to the City of Fresno Fire Department, Fire Prevention Manual Development Standards. Compliance would be verified through the zone clearance review process. In addition, future development would not impede the implementation of General Plan objective NS-6 policies NS-6-a to NS-6-g. Therefore, through the development review process and General Plan compliance, the Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
Less than Significant Impact. According to the Fresno General Plan, wildfire threats to Fresno are minimal because the city is largely urbanized or working agricultural land and lacks steep topography. Although the city is proximate to high and very high fire hazard designated area, the urbanized area is categorized as little or no threat or moderate fire hazard which is attributed to its paved areas. Furthermore, the Project Area is not identified by the California Department of Forestry and Fire Protectio n (Cal Fire) to be within a Fire Hazard Severity Zone (FHSZ) within the Local Responsibility Area (LRA).
36 In addition, the Project Area would be developed with structures that could be occupied by humans; as such, the structure s shall be constructed in adherence to the Wildland Urban Interface Codes and Standards of the California Building Code Chapter 7A. Compliance with such regulations would ensure that future development meets standards to help prevent loss, injury, or death involving wildland fires. For these reasons, the Project would have a less than significant impact.
36 California Department of Forestry and Fire Protection. Fire Hazard Severity Zone Viewer Area. Accessed on May 30, 2024, https://experience.arcgis.com/experience/03beab8511814e79a0e4eabf0d3e7247/
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 119
4.9.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the hazards and hazardous material related mitigation measures as identified in this section, and in the MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION 5.
MM HAZ-1: Prior to the issuance of a grading permit, project applicants for all future development projects within the Project Area that 1) would involve ground-disturbing activities that would expose soils and/or 2) result in the demolition or modification of buildings constructed prior to 1978 shall complete a Phase I ESA (performed in accordance with the current ASTM Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process [E 1527]) for each individual property prior to development or redevelopment to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Condition (HRECs), and Potential Environmental Concerns (PECs). The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for follow- up investigation, including Phase II ESA, site characterization, and/or remedial activities if found to be warranted. Regulatory concurrence shall be provided by a State of Calif ornia environmental regulatory agency such as California Department of Toxic Substances Control, Regional Water Quality Control Board, Fresno County Environmental Health Department, or a local agency that meets the requirements of Assembly Bill AB 304. Concurrence shall indicate the site is safe for construction and the proposed use.
MM HAZ-2: In order to minimize the potential of introducing contaminated fill material onto a site, it is necessary to verify through documentation that the fill source is appropriate and/or to have the fill material analyzed for potential contaminants based on the location and history of the source area. Fill documentation shall include detailed information on the previous use of the land from where the fill is taken, whether an environmental site assessment was performed and its findings, and the results of any testing performed.
Any such documentation must be signed by an appropriately licensed (CA -registered) individual. If such documentation is not available or is inadequate, samples of the fill material should be chemically analyzed.
Analysis of the fill material should be based on the source of the fill and knowledge of the prior land use.
Detectable amounts of compounds of concern within the fill material should be evaluated for risk in accordance with the Department of Toxic Substances Control Preliminary Endangerment Assessment (PEA) Guidance Manual , in addition to Regional Water Quality Control Board guidelines for reuse of non- hazardous petroleum hydrocarbon contaminated soil . If metal analyses are performed, only those metals (CAM 17 / Title 22) to which risk levels have been assigned need to be evaluated. The findings and conclusions of the documentation and analysis shall become the basis for potential recommendations for follow-up investigation, including Phase I ESA, II ESA, site characterization, and/or remedial activities if found to be warranted. Regulatory concurrence shall be provided by a State of California environmental regulatory agency such as California Department of Toxic Substances Control, Regional Water Quality Control Board, Fresno County Environmental Health Department, or a local agency that meets the requirements of Assembly Bill AB 304. Concurrence shall indicate the site is safe for construction and the proposed use.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 120
4.10 HYDROLOGY AND WATER QUALITY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade
surface or ground water quality?
X
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the
basin?
X
c) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river, or through
the addition of impervious surfaces, in
a manner which would:
X
i. Result in a substantial erosion
or siltation on- or off-site; X
ii. Substantially increase the rate
or amount of surface runoff in
a manner which would result
in flooding on- or off-site:
X
iii. Create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater drainage
systems or provide
substantial additional sources
of polluted runoff; or
X
iv. Impede or redirect flood
flows? X
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
X
e) Conflict with or obstruct
implementation of a water quality
control plan or sustainable
groundwater management plan?
X
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 121
4.10.1 Environmental Setting
Water
The City of Fresno Water Division manages and operates the City of Fresno’s water system. According to the 2020 Urban Water Management Plan, the City’s water system consists of about 1, 909 miles of distribution and transmission mains, 27 0 municipal groundwater wells, three surface water treatment plants, five water storage facilities with pump stations, and three booster pump stations. The water system covers approximately 115 square miles and serves a population of about 550,200.
Fresno meets its demand for domestic water from a combination of groundwater, treated surface water, and reclaimed water sources. Groundwater is accessed from the Kings River Sub -basin of the San Joaquin Valley Groundwater Basin , while surface water from the Central Valley Project on the San Joaquin River and Fresno Irrigation District on the Kings River , which are treated at the Northeast Surface Water Treatment Facility , the Southeast Surface Water Treatment Facility, and T-3 Water Storage and Surface Water Treatment Facility. Surface water is also used to replenish the groundwater aquifer through Fresno’s recharge program at the City -owned Leaky Acres, Nielsen Recharge Facility, and a cooperative agreement with the Fresno Metropolitan Flood Control District (FMFCD) to utilize over 70 ponding basins across the city. 2019 Drinking Water Infrastructure Renewal and Replacement (R&R) Plan 37 The water infrastructure assets of the City of Fresno include a supply system that includes 270 active groundwater supply wells, three (3) treatment facilities (Northeast Surface Water Treatment Facility, and Southeast Surface Water Treatment Facility, and T -3 Water Storage and Surface Water Treatment Facility) and a transmission/distribution system with over 1,909 miles of mains, service lines, pumps, and storage tanks. The R&R Plan identifies drinking water infrastructure assets in the city that need renewal or replacement. City pipelines are selected and prioritized for renewal under the risk assessment using five (5) criteria: pipe material failure history, pipe maintenance trend, percent design capacity, maximum pressure, and pipeline age. The Plan identifies the high and extreme risk pipelines and shows the location of pipeline renewal/replacement projects for the 5-year budget planning horizon. Pipelines of higher risk are largely located near the downtown area.
Bakman Water Company
Bakman Water Company is a Class “B” water utility that has served the community since 1948 and currently provides water service to a population of approximately 17,000 – 18,000 people in southeast Fresno. Figure 4-10 shows Bakman Water Company’s service area within the City of Fresno. Bakman Water Company’s infrastructure system includes 13 groundwater wells, distribution lines, water tanks, pumping stations, etc. Bakman Water Company is regulated by the California Public Utilities Commission (CPUC) to provide service to all commercial, residential, or industrial customers within its service area. Approximately 3.6% of the Project Area, or 400 parcels totaling approximately 259.3 acres, are within Bakman Water Company’s service area.
Pinedale County Water District
Pinedale County Water District provides water, sewer, and solid waste services to approximately 2 square miles within the City of Fresno and an unincorporated County Island surrounded by the city. Pinedale serves a total of
37 AKEL Engineering Group, Inc. (2019). City of Fresno 2019 Drinking Water Infrastructure Renewal and Replacement Plan.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 122 16,736 population, with an infrastructure system that includes five (5) active wells and connection to 273 commercial and 1,847 residential properties . Approximately 2. 5% of the Project Area, or 433 parcels totaling approximately 182.2 acres, are within Pinedale County Water District’s service area.
Pre-Consultation with the City’s Department of Public Utilities (DPU) Water Division was conducted for the proposed Project on April 8, 2024. The City of Fresno – Department of Public Utilities provided no comments.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 123
Figure 4-10 City of Fresno Water Service Areas
Source: City of Fresno 2020 Urban Water Management Plan
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 124 Stormwater
The Fresno Metropolitan Flood Control District (FMFCD) manages stormwater runoff in Fresno. The major elements of the FMFCD’s flood control system include dams, reservoirs, and detention basins. The FMFCD is responsible for reviewing development proposals to assess drainage and flood control impacts and needs, in addition to determining applicable requirements and modifications needed in order to implement the Storm Drainage and Flood Control Master Plan.
4.10.2 Impact Assessment
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact. Construction and operational activities associated with future development within the Project Area could degrade the quality of stormwater flows, which could potentially degrade surface or ground water quality. Future development resulting from Project implementation would be required to comply with applicable requirements related to water quality, including on-site stormwater detention or retention and materials handling during construction and operation. Compli ance with these regulations would reduce the potential for violation of water quality standards or waste discharge requirements other otherwise substantially degrade surface or groundwater quality.
Construction Impacts
Construction activities, such as grading and excavation, associated with future development resulting from Project implementation could degrade water quality through soil erosion which could increase discharge of silt and debris into stormwater runoff. Other potential impacts could result from use of solvents, fuels, and paints, storage of materials that could involve a release of hazardous materials, trash, or sediment.
Future development would be required to comply with local and state water quality laws and regulations.
Development that would disturb one (1) or more acre of soil would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) under the National Pollutant Discharge Elimination System ( NPDES) and General Permit Order No. 2012-0006-DWQ. The SWPPP would estimate the sediment risk associated with construction activities and includes B est Management Practices (BMPs) to control erosion. BMPs specific to erosion control generally cover erosion, sediment, tracking, and waste management controls. Implementation of the SWPPP minimizes the potential for future development to result in substantial soil erosion or loss of topsoil. Construction activities would also be required to comply with FMC Chapter 6, Municipal Services and Utilities, Article 7, Urban Storm Water Quality Management and Discharge Control.
These existing provisions requiring erosion and sediment controls and implementation of BMPs to capture, detain, and control runoff minimize the potential for developments to violate any waste discharge requirements or otherwise substantially degrade surface or ground water quality. Impacts would be less than significant.
Operational Impacts
Future development could result in impacts to surface water quality from stormwater runoff. Project implementation could result in new impervious areas such as roadways, driveways, parking lots, and buildings associated with new development. Approximately 94.9% of sites within the Project Area are developed with existing structures and improvements and are surrounded by off-site improvements including curbs, gutters, sidewalks, and
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 125 roadways. Therefore, future development would be within mostly developed areas with urban uses, resulting in runoff conditions that would be like current conditions of surrounding uses. However, there are portions of the Project Area (i.e., approximately 5.1% of sites) that are undeveloped and pervious, including vacant lands.
Implementation of the Project could result in future development of these undeveloped sites, which would add new impervious surfaces that could increase stormwater runoff. Future development within the Project Area would be regulated by FMFCD’s Storm Water Quality Management Plan, approved grading and drainage plans, and General Plan policies and FMC requirements , subject to specific stormwater control requirements. Required compliance would reduce potential impacts related to water quality and waste discharge.
Overall, the Project would not violate water quality standards or waste discharge requirements during construction or operational activities because future development would be required to comply with, FMFCD’s Storm Water Quality Management Plan, NPDES Permit, BMPs, approved grading and drainage plans, General Plan policies, and FMC requirements. Through compliance with these regulations and policies, the Project would have a less than significant impact.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less than Significant Impact. The City is within the Kings Subbasin, which is a high-priority and overdraft basin. The City pumps groundwater from a portion of the Kings subbasin. The Kings Subbasin Groundwater Sustainability Plan (GSP) was adopted in 2023 and contains actions that would bring the subbasin into sustainability by 2040.
The City’s long-term water resource planning for existing and future demand is addressed in the City’s 2020 Urban Water Management Plan (UWMP). 38 According to the UWMP, water demand in the city has decreased over the past two (2) decades and is expected to grow at a slower rate than the anticipated population growth. As stated in the UWMP, "The overall water usage patterns of the City have been greatly reduced due to its conservation measures and metering of all services. Prior to January 2013, nearly all of the City’s single - family residential water customers had been billed on a monthly flat rate structure; they were unaware of the water they actually used and had no real incentive to conserve water... Since completion of the project, residential water demands have dramatically decreased."
This trend is captured by the daily per capita water use, measured as gallons per capita per day (GPCD). For 2020, water use averaged 198 GPCD based on 121,993 acre -feet (AF) of water production. Of note, this GPCD is below the 2020 daily per capita water use target of 247 GPCD, which the UWMP attributes to conservation efforts implemented by the City. According to the UWMP, the City’s per capita water usage is projected to continue to decline through 2045 due to more water efficiency in future construction and passive conservation pursuant to requirements of the California Plumbing Code (e.g., use of higher efficiency appliances, water efficient landscaping, etc.).
The UWMP addresses the sufficiency of the groundwater supplies for existing and planned future uses. The UWMP uses the General Plan land use designations to analyze future water demand. According to the General Plan , “the
38 City of Fresno (2021). 2020 Urban Water Management Plan. Accessed June 12, 2024 https://www.fresno.gov/publicutilities/wp-content/uploads/sites/16/2021/06/Fresno-2020-UWMP_Public-Draft_2021-06-
29.pdf
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 126 projected water demand for the City at full build out of the approved General Plan, based on a population of 970,000 and a per capita water demand of 247 gallons per capita per day (gpcd) from the 2015 UWMP, would be 268,375 acre feet(AF)/year … The 2015 UWMP, assuming treated water supplies, recycled water supplies, and pumped groundwater remain the same, the total supply of water would be 366,200 AF/year. Although the projected water supply may change based on updated agreements with water providers, water supply projected in the UWMP would be more than the buildout demand. ” The Project would not result in changes to the General Plan land use designations and future development resulting from Project implementation would be like that included in the General Plan. Impacts would be less than significant.
As discussed under criterion a), future development of vacant parcels resulting from Project implementation could result in new impervious surfaces. The addition of new impervious surfaces has the potential to reduce rainwater infiltration and recharge groundwater. According to FMFCD, rainfall and stormwater runoff in the Fresno area is collected and conveyed through a network of pipelines to 155 stormwater basins where it slowly percolates through the soil to the groundwater aquifer. Future development would be required to comply with FMFCD’s Storm Water Quality Management Plan, NPDES Permit, BMPs, approved grading and drainage plans, General Plan policies, and FMC requirements. Compliance would include detention or retention basins and water quality BMPs to manage, retain, and treat runoff from new impervious surfaces. Therefore, the potential for the Project to interfere substantially with groundwater recharge such that the Project would impede sustainable groundwater management of the subbasin is limited and impacts would be less than significant. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site? Less than Significant Impact. Erosion is a natural process in which soil is moved from place to place by wind or from flowing water. The effects of erosion within the Project Area could be accelerated by ground-disturbing activities associated with development. Siltation is the settling of sediment to the bed of a stream or lake which increases the turbidity of water. Turbid water can have harmful effects to aquatic life by clogging fish gills, reducing spawning habitat, and suppressing aquatic vegetation growth.
Approximately 94.9% of sites within the Project Area are developed with existing structures and improvements and are surrounded by off-site improvements including curbs, gutters, sidewalks, and roadways. The remaining 5.1% of the Project area contains unde veloped and vacant sites. None of these sites are adjacent to or in proximity to a stream or river. However, these sites generally include bare soil which would be more susceptible to erosion than urbanized and developed land.
Soil erosion and loss of topsoil can be caused by natural factors, such as wind and flowing water, and human activity, such as construction activities . Future development resulting from Project implementation would require typical site preparation activities such as grading and trenching which may result in the potential for short- term soil disturbance or erosion impacts. Soil disturbance during construction is largely caused by using water. Excessive soil erosion could cause damage to existing structures and roadways. During construction activities, and in compliance with the required SWPPP, construction -related erosion controls and BMPs would be implemented to reduce potential impacts related to erosion and siltation. These BMPs would include, but are not limited to, covering and/or binding soil surfaces to prevent soil from being detached and transported by water or wind, and the use of barriers
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 127 such as straw bales and sandbags to control sediment. Together, the controls and BMPs are intended to limit soil transportation and erosion.
Future development of vacant sites could also result in an increase in the amount of impervious surface, which could increase the volume of runoff. However, the impervious surface area would significantly reduce the amount of exposed soil which would minimize the potential for erosion and siltation. In addition, future development would be required to maintain the overall site drainage pattern and direct runoff to the proposed drainage system in compliance with FMFCD’s Storm Drainage and Flood Control Master Plan and approved grading and drainage plans.
Therefore, compliance with requirements would reduce or eliminate the Project’s potential to substantially alter the existing drainage pattern to cause substantial erosion or siltation and impacts would be less than significant. ii. Substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site?
Less than Significant Impact. The rate or volume of surface runoff would be affected by new development due to 1) the conversion of pervious surfaces or undisturbed soils to impervious surfaces and 2) the installation, operation, and maintenance of FMFCD approved onsite detention, retention, and drainage systems to collect and convey runoff into existing drainage facilities that are operated and maintained by FMFCD. Surface runoff from future development would be managed in accordance with the Storm Drainage and Flood Control Master Plan and project- specific grading and drainage plans that are subject to review and approved by FMFCD. Compliance with FMFCD approved grading and drainage plans would ensure that the rate or volume of surface runoff would be adequately collected, conveyed, and drained into storm drainage facilities in a manner that would not result in flooding on- or off-site. Impacts would be less than significant.
iii. Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less than Significant Impact with Mitigation Incorporated. As discussed above, the rate or volume of surface runoff water would be affected by new development due to 1) the conversion of pervious surface or undisturbed soils to impervious surfaces and 2) the installation, operation, and maintenance of FMFCD approved onsite detention, retention, and drainage systems to collect and convey runoff into existing drainage facilities that are operated and maintained by FMFCD.
According to FMFCD’s Storm Drainage and Flood Control Master Plan, FMFCD’s system for storm water drainage includes 158 drainage areas, each providing service to approximately one (1) to two (2) square miles. All but five (5) of the developed drainage areas are served by a retention or detention facility. Stormwater flows into storm drain inlets, and through a network of pipes to a nearby ponding basin where it is stored to replenish the groundwater aquifer.
Approximately 94.9% of sites within the Project Area are developed with existing structures and improvements and are surrounded by off-site improvements including curbs, gutters, sidewalks, and roadways. The remaining 5.1% of the Project Area contains undeveloped and vacant sites. None of these sites are adjacent to or in proximity to a stream or river. However, these sites generally include bare soil which would be more susceptible to erosion than urbanized and developed land.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 128 Surface runoff from future development would be managed in accordance with the Storm Drainage and Flood Control Master Plan and project- specific grading and drainage plans that are subject to review and approved by FMFCD. Compliance with FMFCD approved gra ding and drainage plans would ensure that the rate or volume of surface runoff would be adequately collected, conveyed, and drained into storm drainage facilities in a manner that would not result in flooding on- or off-site. However, to ensure impacts would be less than significant, the Project shall incorporate MM HYD -1, MM HYD -2, MM HYD -3, and MM HYD -4 as described below. With mitigation incorporated, impacts would be less than significant.
MM HYD -1: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP collection systems:
• As development is proposed, implement current SDFCMP to provide stormwater collection systems that have sufficient capacity to convey the peak runoff rates from the areas of increased imperviousness.
• Require developments that increase site imperviousness t o install, operate, and maintain FMFCD approved on-site detention systems to reduce the peak runoff rates resulting from the increased imperviousness to the peak runoff rates that will not exceed the capacity of the existing stormwater collection systems.
MM HYD -2: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP retention basins: Prior to approval of development projects, coordinate with FMFCD to analyze the impacts to existing and planned retention basins to determine remedial measures required to reduce the impact on retention basin capacity to less than significant. Remedial measures would include:
• Increase the size of the retention basin through the purchase of more land or deepening the basin or a combination for planned retention basins.
• Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce runoff volume to the runoff volume that will not exceed the capacity of the existing retention basins.
MM HYD -3: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP urban detention (stormwater quality) basins:
• Prior to approval of development projects, coordinate with FMFCD to determine the impacts to the urban detention basin weir overflow rates and determine remedial measures required to reduce the impact on the detention basin capacity to less than significant. Remedial measures would include:
• Modify overflow weir to maintain the suspended solids removal rates adopted by the FMFCD Board of Directors.
• Increase the size of the urban detention basin to increase residence time by purchasing more land.
The existing detention basins are already at the adopted design depth. • Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce peak runoff rates and runoff volume to the runoff rates and volumes that will not exceed the weir overflow rates of the existing urban detention basins.
MM HYD -4: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP pump disposal systems:
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 129 • Prior to approval of development projects, coordinate with FMFCD to det ermine the extent and degree to which the capacity of the existing pump system will be exceeded. • Require new developments to install, operate, and maintain on -site detention facilities, consistent with FMFCD design standards, to reduce peak stormwater runoff rates to existing planned peak runoff rates.
• Provide additional pump system capacity to maximum allowed by existing permitting to increase the capacity to match or exceed the peak runoff rates determined by the SDFCMP. iv. Impede or redirect flood flows?
Less than Significant Impact. Future development resulting from Project implementation would be required to submit project-specific grading and drainage plans that would be reviewed and approved by the City and FMFCD.
The grading and drainage plan review process would identify plans to alter creeks, streams, or irrigation canals that may affect flood flows. If these water courses would be altered, the n additional review, permits, and agreements may be required to mitigate or avoid impacts to flood flows (e.g., U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Central Valley Flood Protection Agency, RWQCB, FMCD, FID, etc.). The grading and drainage plan would not be approved without the additional review, permits, and agreements as required. Therefore, through compliance with an approved grading and drainage plan, impacts would be less than significant. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less than Significant Impact. Most of the Project Area is designated Zone X on the most recent FEMA Flood Insurance Rate Map. Zone X is an area of minimal flood hazards with a 0.2 percent annual chance of flood (i.e., 100- year and 500-year flood). Figure 4-11 shows the FEMA flood zone map. Future development within the Project Area on sites designated Zone X would not be subject to flood insurance requirements. There are other portions of the Project Area that are within Zone AE or are adjacent to Zone A. Areas designated Zone AE are base floodplains with base flood elevations. Areas designated Zone A have one (1) percent change of flooding in any given year.
The Project includes a Text Amendment that would allow 1) office-to-dwelling conversions on Office-zoned parcels either ministerially or with a discretionary permit, 2) ministerial approval of new multi -family residential development on multi -family-zoned parcels within ½ mile of an existing bus stop, 3) ministerial approval of new multi-family residential development on Mixed Use-zone parcels in the City’s Infill Priority Area, and 4) new multi- family residential development on Office -zoned parcels either ministerially or with a discretionary permit. The Project itself would not result in physical development.
The Text Amendment would prohibit ministerial approval on parcels within the Project Area that are within or adjacent to Zone AE or Zone A, or special hazard flood areas. Future development within or adjacent to Zone AE or Zone A, or special hazard floor areas, would be subject to discretionary review and would require compliance with specific floodproofing requirements contained in the City’s Flood Plain Ordinance , as well as review by the City, FMFCD, and FEMA for compliance with requirements. Compliance with these requirements, as enforced through review and approval by the governing bodies, would reduce potential for flood hazards. In addition, future development would be required to install, operate, and maintain FMFCD-approved onsite detention, retention, and drainage systems to collect and convey runoff into existing drainage facilities that are operated and maintained by FMFCD. Compliance with regulations and policies described above would further reduce the risk release of pollutants if inundation were to occur. Impacts would be less than significant.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 130
Figure 4-11 Flood Zone Map
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 131 A tsunami is a series of waves caused by earthquakes or undersea volcanic eruptions. The Project Area is located approximately 110 miles from the Pacific Ocean and is more than 260 feet above mean sea level. Due to the distance from an ocean, there is no potential for tsunami flood hazards within the Project Area. No impacts would occur.
A seiche is a standing wave oscillating in a body of water, generally caused by an earthquake. The Big Dry Creek Reservoir is the nearest water body to the Project Area that could be capable of generating a seiche. The reservoir is not located near or adjacent to the Project Area. In addition, the City inclusive of the Project Area has historically been subject to low to moderate ground shaking and has a relatively low probability of shaking. As such, seiches are unlikely to form due to the low seismic ener gy produced in the area. Therefore, as a low -risk area, a less than significant impact as it relates to the risk release of pollutants due to project inundations would occur. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. Although no development is proposed, future development resulting from implementation of the Project would be required to comply with the North Kings Groundwater Sustainability Agency Groundwater Sustainability Plan (GSP), approved in March 2023. Future development would be consistent with the GSP through required compliance with regulations and policies including FMFCD’s Storm Water Quality Management Plan, Storm Drainage and Flood Control Master Plan, NPDES Permit, BMPs, approved grading and drainage plans, General Plan policies, and FMC requirements. In addition, implementation of the Project would not result in water demand beyond what was analyzed under the UWMP. Therefore, the Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan and impacts would be less than significant.
4.10.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the hydrology-related mitigation measures as identified in this section, and in the MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION 5.
MM HYD -1: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP collection systems:
• As development is proposed, implement current SDFCMP to provide stormwater collection systems that have sufficient capacity to convey the peak runoff rates from the areas of increased imperviousness.
• Require developments that increase site imperviousness to ins tall, operate, and maintain FMFCD approved on-site detention systems to reduce the peak runoff rates resulting from the increased imperviousness to the peak runoff rates that will not exceed the capacity of the existing stormwater collection systems.
MM HY D-2: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP retention basins: Prior to approval of development projects, coordinate with FMFCD to analyze the impacts to existing and planned retention basins to determine remedial measures required to reduce the impact on retention basin capacity to less than significant. Remedial measures would include:
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 132 • Increase the size of the retention basin through the purchase of more land or deepening the basin or a combination for planned retention basins.
• Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce runoff volume to the runoff volume that will not exceed the capacity of the existing retention basins.
MM HYD -3: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP urban detention (stormwater quality) basins:
• Prior to approval of development projects, coordinate with FMFCD to determine the impacts to the urban detention basin weir overflow rates and determine remedial measures required to reduce the impact on the detention basin capacity to less than significant. Remedial measures would include:
• Modify overflow weir to maintain the suspended solids removal rates adopted by the FMFCD Board of Directors.
• Increase the size of the urban detention basin to increase residence time by purchasing more land.
The existing detention basins are already at the adopted design depth. • Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce peak runoff rates and runoff volume to the runoff rates and volumes that will not exceed the weir overflow rates of the existing urban detention basins.
MM HYD -4: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP pump disposal systems:
• Prior to approval of development projects, coordinate with FMFCD to determin e the extent and degree to which the capacity of the existing pump system will be exceeded. • Require new developments to install, operate, and maintain on -site detention facilities, consistent with FMFCD design standards, to reduce peak stormwater runoff rates to existing planned peak runoff rates.
• Provide additional pump system capacity to maximum allowed by existing permitting to increase the capacity to match or exceed the peak runoff rates determined by the SDFCMP.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 133
4.11 LAND USE PLANNING
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Physically divide an established
community? X
b) Cause a significant environmental
impact due to a conflict with any land
use plan, policy, or regulation adopted
for the purpose of avoiding or
mitigating an environmental effect?
X
4.11.1 Environmental Setting
The Project Area is within the City Limits of Fresno and is zoned and planned for office, multi-family residential, and mixed-use development. The Project Area is generally characterized by urban development. Most of the Project Area is situated along major transit corridors, throughways, and arterials.
4.11.2 Impact Assessment
a) Physically divide an established community?
Less than Significant Impact . Typically, physical division of an established community would occur if a project introduced new incompatible uses inconsistent with the planned or existing land uses or created a physical barrier that impeded access within the community. Typical examples of physical barriers include the introduction of new, intersecting roadways, roadway closures, and construction of new major utility infrastructure (e.g., transmission lines, storm channels, etc.).
Surrounding Land Uses
Approximately 94.9% of sites within the Project Area are developed and occupied by a mix of existing urban uses; the remaining 5.1% of sites are undeveloped, vacant lands. The Project would not result in changes to land use designations; rather, the Projec t would facilitate future residential development on parcels in the multi -family, mixed-use, and office zones. While the Project would allow for residential uses in office zones, this addition would not result in incompatible uses inconsistent with the planned or existing land uses.
Future development would be regulated by development standards and zoning regulations, including height, landscaping, setbacks, improvements, right-of-way dedications, open space, and parking, etc. Future development would be consistent and therefore compatible with the existing surrounding uses. Therefore, implementation of the Project would be generally consistent with the existing and planned land uses within the Project Area.
Circulation System
No new streets are proposed that would result in a physical barrier. The Project does not propose construction of new roadways.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 134 Utility Infrastructure
No new major utility infrastructure is proposed that would result in a physical barrier. The Project Area is within city limits and thus future development would be required to connect to water, wastewater, and stormwater services.
Natural gas, electricity, telecommunications, and solid waste services are provided by private companies (e.g., PG&E, Mid Valley Disposal). In addition, the proposed Project (Text Amendment) includes the following language:
“If major infrastructure improvements are required beyond what is contained in the conditions below in Section 15- 1006-D-2 and E (i.e. a well, an off -site traffic signal, transmission mains beyond the project frontage, etc.) in order to accommodate the proposed development, a Discretionary Permit is required”. Utility systems are described and analyzed in Section 4.10 and Section 4.15. Based on the analysis, implementation of the Project would not result in the construction of new, major utility infrastructure.
As such, the Project does not represent a significant change in the surrounding area as it could result in future development of residential uses in a manner consistent and compatible with existing surrounding uses. In addition, the Project does not include new roadways or major utility infrastructure. Therefore, the Project would not result in the physical divide of an established community and a less than significant impact would occur. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. Policy conflicts are environmental impacts only when they would result in direct physical impacts or where those conflicts relate to avoiding or mitigating environmental impacts. As such, associated physical environmental impacts are discussed in this document under specific topical sections, such as Biological Resources, Cultural Resources, and Tribal Cultural Resources . The Project does not propose changes to policies included in the General Plan nor does it propose changes to regulations and standards in the FMC that are adopted to avoid or mitigate environmental effects. A less than significant impact would occur.
4.11.3 Mitigation Measures
None Required.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 135
4.12 MINERAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
X
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
X
4.12.1 Environmental Setting
The California Geological Survey (CGS) classifies and designates areas within California that contain or potentially contain significant mineral resources. Lands are classified into Aggregate and Mineral Resource Zones (MRZs), which identify known or infer red significant mineral resources. According to the California Department of Conservation, CGS’s Surface Mining and Reclamation Act (SMARA) Mineral Lands Classification (MLC) data portal, the nearest mineral resource areas to Fresno are in the San Joaquin and Kings River areas which are classified as Mineral Resource Zone (MRZ)-2. As shown in Figure 4-12, the Project Area does not contain sites located within the MRZ zone.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 136
Figure 4-12 Mineral Land Classification Map
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 137
4.12.2 Impact Assessment
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
No Impact. The Project Area is not located in an area designated for mineral resource preservation or recovery.
Therefore, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Therefore, no impact would occur. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
No Impact. The Project Area is not located in an area designated for mineral resource preservation or recovery and as a result, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Further, the Project Area is not delineated in the General Plan, a Specific Plan, or other land use plan as a locally important mineral resource recovery site, thus it would not result in the loss of availability of a locally important mineral resource. Therefore, no impact would occur.
4.12.3 Mitigation Measures
None Required.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 138
4.13 NOISE
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a)
Generation of a substantial
temporary or permanent increase in
ambient noise levels in the vicinity of
the project in excess of standards
established in the local general plan
or noise ordinance, or applicable
standards of other agencies?
X
b)
Generation of excessive groundborne
vibration or groundborne noise
levels?
X
c)
For a project located within the
vicinity of a private airstrip or an
airport land use plan or, where such a
plan has not been adopted, within
two miles of a public airport or public
use airport, would the project expose
people residing or working in the
project area to excessive noise
levels?
X
4.13.1 Environmental Setting
In general, there are two (2) types of noise sources: 1) mobile source and 2) stationary sounds. Mobile source noises are typically associated with transportation including automobiles, trains, and aircraft. Stationary sounds are sources that do not move such as machinery or construction sites. Two (2) noise generating activities of the Project would include construction (short-term, temporary) and operational (long-term) noise.
Sensitive land uses include residential, schools, churches, nursing homes, hospitals, and open space/recreation areas. Commercial, farmland, and industrial areas are not considered noise sensitive and generally have higher tolerances for exterior and interior noise levels.
Fresno General Plan
The City of Fresno General Plan Noise Element provides noise level criteria for land use compatibility for both transportation and non -transportation noise sources. The General Plan sets noise compatibility standards for transportation noise sources in ter ms of the Day -Night Average Level (L dn). The Ldn represents the time-weighted energy average noise level for a 24 -hour day, with a 10 dB penalty added to noise levels occurring during the nighttime hours (10:00 p.m.-7:00 a.m.). The Ldn represents cumulative exposure to noise over an extended period of time and is therefore calculated based upon annual average conditions. Table 4-12 provides the General Plan noise level standards for transportation noise sources.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 139 Table 4-12 City of Fresno General Plan Noise Level Standards - Transportation (Non-Aircraft) Noise Sources Noise-Sensitive Land Use Outdoor Activity Areas1 Interior Space Ldn/CNEL, dB Ldn/CNEL, dB Leq dB2
Residential 65 45 -
Transient Lodging 65 45 -
Hospitals, Nursing Homes 65 45 -
Theaters, Auditoriums, Music Halls - - 35
Churches, Meeting Halls 65 - 45
Office Buildings - - 45
Schools, Libraries, Museums - - 45
1 Where the location of the outdoor activity areas is unknown or is not applicable, the exterior noise level standard shall be applied to the property line of the receiving land use. 2 A
s determined for a typical worst-c
ase hour during periods of use.
Source: City of Fresno General Plan
The General Plan also establishes implementing policies related to new noise sensitive land uses ( NS-1-a), new developments with potential impact due to existing noise-s ensitive land uses (NS-1-i), and of significance threshold when determining an increase in noise levels over existing ambient noise levels (NS-1-j).
Implementation Policy NS-1-a Desirable and Generally Acceptable Exterior Noise Environment. Establish 65 dBA Ldn or CNEL as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise-s
ensitive uses for noise, but designate 60 dBA L dn or CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise- se nsitive uses. Maintain 65 dBA Ldn
or CNEL as the maximum average exterior noise levels for non-s ensitive commercial land uses, and maintain 70 dBA
Ldn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties.
Implementation Policy NS -1-i Mitigation by New Development. Require an acoustical analysis where new development of industrial, commercial or o ther noise generating land uses (including transportation facilities such as roadways, railroads, and airports) may result in noise levels that exceed the noise level exposure criteria established by Table 4-12 and Table 4-13 to determine impacts, and require developers to mitigate these impacts in conformance with Tables 9
-2 a
nd 9
-3
as a condition of permit approval through appropriate means.
N
oise mitigation measures may include:
• The screening of noise sources such as parking and loading facilities, outdoor activities, and mechanical equipment;
• Providing increased setbacks for noise sources from adjacent dwellings; • Installation of walls and landscaping that serve as noise buffers; • I
nstallation of soundproofing materials and double-gl
azed windows; and
• R
egulating operations, such as hours of operation, including deliveries and trash pickup.
Alternative acoustical designs that achieve the prescribed noise level reduction may be approved by the City, provided a qualified Acoustical Consultant submits information demonstrating that the alternative designs will achieve and maintain the specific targets for outdoor activity areas and interior spaces. As a last resort, developers may propose to construct noise walls along roadways when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility, with no City funding.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 140 Implementation Policy NS -1-j Significance Threshold. Establish, as a threshold of significance for the City's environmental review process, that a significant increase in ambient noise levels is assumed if the project would increase noise levels in the immediate vicinity by 3 dB Ldn or CNEL or more above the ambient noise limits established in this General Plan Update.
When an increase in noise would result in a “significant” impact (increase of three dBA or more) to residents or businesses, then noise mitigation would be required to reduce noise exposure. If the increase in noise is less than three dBA, then the noise impact is considered insignificant and no noise mitigation is needed. By setting a specific threshold of significance in the General Plan, this policy facilitates making a determination of environmental impact, as required by the California Environmental Quality Act. It helps the City determine whether (1) the potential impact of a development project on the noise environment warrants mitigation, or (2) a statement of overriding considerations will be required.
Fresno Municipal Code
Section 15-25 06 of the City of Fresno Municipal C ode (FMC) establishes hourly acoustical performance standards for non
-t
ransportation noise sources, as shown in Table 4-13. FMC states that when ambient noise levels exceed or equal the levels the standards, mitigation shall only be required to limit noise to the existing ambient noise levels, with an allowance to exceed by maximum five (5) dB. Section 15 -25 06 of the Municipal Code is consistent with
Implementing Policy NS-
1-
i of the Noise Element of the City of Fresno General Plan.
Table 4-13 Non-Transportation Noise Level Standards, dBA – City of Fresno Municipal Code, Section 15-2506 Daytime (7 a.m. – 10 p.m.) Nighttime (10 p.m. – 7 a.m.) Leq Lmax Leq Lmax
50 70 45 60
Source: City of Fresno Municipal Code
Section 10 of the FMC provides existing ambient noise levels to be applied to various districts, further divided into various hours of the day. Table 4-14 describes the assumed minimum ambient noise levels by district and time.
Section 10
-10
2(b) states “For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen minutes, without inclusion of the offending noise, at the location and time of day at which a comparison with the offending noise is to be made. Where the ambient noise level is less than that designated in this section, however, the noise level specified herein shall be deemed to be the ambient noise level for that location”.
Table 4-14 Assumed Minimum Ambient Noise Level, dBA - City of Fresno Municipal Code, Section 10-102(B) District Time Sound Level, dB Leq
Residential 10 PM to 7 AM 50
Residential 7 PM to 10 PM 55
Residential 7 AM to 7 PM 60
Commercial 10 PM to 7 AM 60
Commercial 7 PM to 10 PM 65
Industrial Anytime 70
Source: City of Fresno Municipal Code
For noise sources that are not transportation related, which usually includes commercial or industrial activities and other stationary noise sources (such as amplified music), it is common to assume that a 3 -5
dB increase in noise
levels represents a substantial increase in ambient noise levels. This is based on laboratory tests that indicate that
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 141 a 3 dB increase is the minimum change perceptible to most people, and a 5 dB increase is perceived as a “definitely noticeable change.”
City of Fresno Proposed Text Amendment for Ministerial Approval The City of Fresno’s proposed Text Amendment for ministerial approval prohibits ministerial approval of projects which exceed development or impact thresholds. The following language would prohibit ministerial approval of a project that exceed development or impact thresholds related to air quality. Projects that exceed these thresholds would be required to obtain a Development Permit. The full Text Amendment is provided in Appendix E.
B. Exceptions.
j. A noise study shall be required for any project involving construction activities that are located adjacent to a sensitive receptor(s). The noise study shall assess potential noise impacts from construction activities, including but not limited to demolition, site preparation, grading, excavation, foundation work, building construction, and paving.
i. If the noise study finds that construction activities would be less than 80 dBA, then the application can be processed subject to a zone clearance.
ii. If the noise study finds that construction activities would be greater than 80 dBA, then either 1) a discretionary permit is required or 2) the study may identify noise control measures to bring levels to less than 80 dBA and the project can then be subject to a zone clearance.
Existing Ambient Noise Environment
The Project Area is within City Limits. Most Project parcels are surrounded by urbanized development. As such, the existing noise environment is impacted by various noise sources, including vehicles , residential (i.e. talking, car doors shutting, dogs barking, etc.), commercial/retail (i.e. talking, car doors shutting, loading, etc.), industrial (i.e., machinery, loading, talking, etc.), office (i.e., car doors shutting, etc.), and noise from other uses.
4.13.2 Impact Assessment
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards?
Less than Significant Impact. While no development is currently proposed, implementation of the Project c ould result in future residential development that could have noise generating activities , including short -term construction noises and long -term operational noises. It is not anticipated that future residential development would generate substantial temporary or permanent increase in existing ambient noise levels within the Project Area in excess of standards established in the General Plan or FMC, or in other applicable local, state, or federal standards. Future development would be subject to compliance with all applicable standards.
Construction Noise
The City of Fresno does not have standardized criteria for assessing construction noise impacts in Fresno. Therefore, the following sources are used for comprehensive thresholds to evaluate and mitigate construction noise impacts:
• 80 dBA or higher per the Caltrans Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013)
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 142 • 86 dBA at 50 feet from the job site activities from 9 p.m. to 6 a.m. per the Caltrans Traffic Noise Analysis Protocol (2020) 39
• 85 dBA at 50 ft. from the sources per the Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual (2018)
• 85 dBA or higher per the Environmental Protection Agency Noise Control Act Guidelines • 90 dBA for occupational noise exposure over an eight (8)- hour workday, with recommended hearing protection for levels above 85 dBA, per the Occupational Safety and Health Administration (OSHA) Construction activities would result in short-term noise impacts that vary depending on the nature of the phase of construction (e.g., site preparation, grading and trenching, building construction, etc.). Construction phases may include standard construction activities such as demolition, site preparation, grading/excavation, draining/utilities/trenching, foundations/concrete pour, building construction, and paving. Table 4-15 provides typical construction-r elated noise levels at distances of 100 feet, 200 feet, and 300 feet.
Table 4-15 Typical Construction Equipment Maximum Noise Levels, dBA Type of Equipment 100 ft. 200 ft. 300 ft.
Concrete Saw 84 78 74
Crane 75 68 65
Excavator 75 69 65
Front End Loader 73 67 63
Jackhammer 83 77 73
Paver 71 65 61
Pneumatic Tool 79 73 69
Dozer 76 70 66
Rollers 74 68 64
Trucks 80 72 70
Pumps 74 68 64
Scrapers 81 75 71
Portable Generators 74 68 64
Backhoe 80 74 70
Grader 80 74 70
Source: FHWA, Noise Control for Buildings and Manufacturing Plants, Bolt, Beranek & Newman, 1987 As shown in the table above, several types of equipment could be expected to exceed the thresholds of 80 dBA at varying distances. Noise impacts would be dependent on location, type of equipment, duration, and other relevant factors. Potential impacts could be lessened through adherence to construction noise reduction methods, such as but not limited to placement of equipment away from sensitive receptors, use of noise control devices such as mufflers, lagging, and other enclosures, scheduling of activities to avoid operating all pieces of noise -generating equipment simultaneously, use of electric equipment rather than diesel equipment, and other similar methods. As described in the Text Amendment, a noise study that assesses construction noise levels is required for projects involving construction activities located adjacent to a sensitive receptor. Ministerial approval would be prohibited for projects that generate construction noise greater than 80 dBA. Any discretionary projects resulting from Project
39 Caltrans. 2020. Traffic Noise Protocol. Accessed February 4, 2025, https://dot.ca.gov/-/media/dot- media/programs/environmental-analysis/documents/env/traffic-noise-protocol-april-2020-a11y.pdf
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 143 implementation would require further environmental review pursuant to CEQA. For these reasons, impacts would be less than significant.
Operational Noise
Noise associated with residential uses is typically minimal compared to other land uses such as commercial, industrial, etc. Noise sources associated with residential land uses would typically include vehicle movements, noise associated with landscaping activities, human voices, etc. None of these sources would be consi dered a potential significant noise impact at any existing or planned noise-s ensitive land uses.
Th
e General Plan evaluation of noise impacts are primarily based on where development would occur. All future development resulting from Project implementation would be limited to sites that have been previously planned for development in the General Plan (i.e., within the General Plan “Planning Area”). The Project would not amend the General Plan land use designations or introduce new uses that were not previously permitted in the underlying zone districts, nor would the Project increase the density and intensity of permitted uses. Impacts would be less than significant.
b) The primary source of on- going noise from the future residential project will be from Generation of excessive groundborne vibration or groundborne noise levels? Less than Significant with Mitigation Incorporated. Vibration refers to ground borne noise and perceptible motion.
Typical sources of ground borne vibration are construction activities, such as blasting, pile driving, and operating heavy-duty earthmoving equipment, steel -wheeled trains, and occasional traffic on rough roads. Impacts from ground borne vibration and noise from these typical sources are usually within approximately 100 feet of the vibration source. Ground borne vibration has the potential to disturb people and damage buildings. Ground borne vibration is usually measured in terms of vibration velocity such as peak particle velocity (PPV).
The City of Fresno does not have regulations that define acceptable levels of vibration. One of the most recent references suggesting vibration guidelines is the California Department of Transportation (Caltrans) Transportation and Construction Vibration Guidance Manual. The Manual provides guidance for determining annoyance potential criteria and damage potential threshold criteria based on categories of structures, including historic buildings that may not be considered extremely fragile . These criteria are provided below in Table 4-16 and Table 4-17 and are
presented in terms of peak PPV in inches per second (in/sec). The PPV levels reported represent those measured at the potential receiver location.
Table 4-16 Guideline Vibration Annoyance Potential Criteria Human Response
Maximum PPV (in/sec) at Receiver
Transient Sources Continuous/Frequent
Intermittent Sources
Barely Perceptible 0.04 0.01
Distinctly Perceptible 0.25 0.04
Strongly Perceptible 0.9 0.1
Severe 2.0 0.4
Source: Caltrans
Table 4-17 Guideline Vibration Damage Potential Threshold Criteria Structure and Condition Maximum PPV (in/sec) at Receiver Transient Sources Continuous/Frequent
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 144 Intermittent Sources
Extremely fragile, historic buildings, ancient monuments 0.12 0.08 Fragile buildings 0.2 0.1
Historic and some old buildings 0.5 0.25
Older residential structures 0.5 0.3
New residential structures 1.0 0.5
Modern industrial/commercial buildings 2.0 0.5
Source: Caltrans
While no development is currently proposed, implementation of the Project could result in future development that would have noise generating activities. Operations related to future residential development are not likely to include uses or activities that typically generate ground borne vibration or ground borne noise levels in excess.
However, temporary ground borne vibration may result from construction, depending on the use of equipment, distance to affected structures, and soil type. Generalized vibration levels associated with typical residential construction activities at distances of 25 feet, 50 feet, 100 feet and 300 feet are summarized by Table 4-18. These
levels would not be expected to exceed any significance threshold levels for annoyance or damage, as provided above in
Table 4-16 and Table 4-17, except for vibratory rollers which would exceed the thresholds for extremely fragile and fragile buildings. Therefore, to ensure impacts are less than significant, the Project shall incorporate MM NOI-1. With mitigation incorporated, impacts would be less than significant.
MM NOI-1: Construction Vibration. The use of heavy construction equipment , such as vibratory rollers, within 25 feet of existing fragile and extremely fragile buildings shall be prohibited.
Table 4-18 Typical Vibration Levels During Construction Equipment PPV (in/sec)
At 25 ft. At 50 ft. At 100 ft. At 300 ft.
Bulldozer (Large) 0.089 0.042 0.019 0.006
Bulldozer (Small) 0.003 0.001 0.0006 0.0002
Loaded Truck 0.076 0.027 0.017 0.005
Jackhammer 0.035 0.012 0.008 0.002
Vibratory Roller 0.210 0.097 0.046 0.013
Caisson Drilling 0.089 0.042 0.019 0.006
Source: Caltrans and Federal Transit Administration
c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
Less than Significant Impact. As discussed in Section 4.9. Hazards and Hazardous Material , t here are three (3) airports located in the city of Fresno: Fresno-Yosemite International Airport, Fresno Chandler Executive Airport, and Sierra Sky Park (private). Approximately 15 parcels within the Project Area are within an AIA boundary and airport safety zone (Table 4-11). According to the ALUCP, residential uses are not considered compatible above 65 CNEL.
Of the 15 parcels, there are only two (2) parcels that are within an airport noise contour area. These parcels include APN 507-030-13 and 507-030-40. Both parcels are within the Sierra Sky Park 60 CNEL noise contour area , which would be compatible for residential uses. Further, as described in Section 4.9, future development on parcels within an AIA boundary and designated safety zones, including Zone 1 (RPZ), Zone 2 (IADZ), and Zone 3 (ITZ) would be subject to review by the Fresno COG ALUC and/or subject to verification of compliance with the ALUCP by City staff
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 145 to determine land use compatibility and receive a finding of consistency prior to approval . Therefore, through compliance with the ALUCP, the P roject would not result in a safety hazard for people residing or working in the area and impacts would be less than significant.
4.13.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the n oise related mitigation measure as identified above and in the MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION 5.
MM NOI-1: Construction Vibration. The use of heavy construction equipment , such as vibratory rollers, within 25 feet of existing fragile and extremely fragile buildings shall be prohibited.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 146
4.14 POPULATION AND HOUSING
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Induce substantial unplanned
population growth in an area, either
directly (for example, by proposing
new homes and businesses) or
indirectly (for example, through
extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
X
4.14.1 Environmental Setting
CEQA Guidelines Section 15126.2(d) requires that a CEQA document discuss the ways in which the proposed Project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. The CEQA Guidelines provide an example of a major expansion of a wastewater treatment plant that may allow for more construction within the service area. The CEQA Guidelines also note that the evaluation of growth inducement should consider the chara cteristics of a project that may encourage or facilitate other activities that could significantly affect the environment. Direct and Indirect Growth Inducement consists of activities that directly facilitate population growth, such as construction of new dwelling units. A key consideration in evaluating growth inducement is whether the activity in question constitutes “planned growth.” City of Fresno General Plan
The City of Fresno General Plan estimates population under the General Plan Buildout. It estimates approximately 226,000 new residents by 2035 within the Sphere of Influence (SOI), totaling in a population of 771,000, with an average annual growth rate of 1.24. In addition, the Buildout anticipates an additional 425,000 new residents by an unspecified date, totaling an ultimate population of 970,000 within the SOI.
U.S. Census Bureau
According to the U.S. Census Bureau, the current population of the city of Fresno is 542,107 (2020 Decennial Census) with a total of 184,226 housing units . According to the American Community Survey, the City’s average household size is 2.79 for renter-occupied units with a 3.3% vacancy rate. 40
40 U.S. Census Bureau. "Selected Housing Characteristics." American Community Survey, ACS 1- Year Estimates Data Profiles, Table DP04, 2022. Accessed on March 4, 2024 , https://data.census.gov/table/ACSDP1Y2022.DP04?q=household size&g=160XX00US0627000
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 147
4.14.2 Impact Assessment
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less than Significant Impact. The Project proposes a Zoning Ordinance Text Amendment to ministerially allow office-to-residential conversions in the office zone district and ministerial approval of multi-family residential development in office, multi-family, and mixed-use zone districts. Under the assumptions a s described in Section
2.9 Description of Project, buildout of the Project site could generate approximately 22,425 housing units. Of the 22,425 units, only 4,868 units (2,692 resulting from office -to-dwelling conversions and 2,176 resulting from new residential development on Office-zoned parcels) of the 22,425 units account for additional capacity beyond what is currently permitted within the Fresno Municipal Code . This anticipated additional residential development would result in approximately 13,134 new residents, thereby increasing the population from 542,107 to 555,241, which would account for an approximately two (2) percent increase in population within the City .41 However, it is expected that this full buildout will not occur for 30 years.
These additional units resulting from Project implementation are intended to accommodate the citywide population and meet RHNA housing needs as identified in the City’s Housing Element. As such, the potential population growth is within the population growth contemplated by the Fresno General Plan, which anticipates population growth of up to 378,950 people by 2056. 42 Accordingly, implementation of the proposed Zoning Ordinance Text Amendment would not exceed the projected citywide population. Therefore, the additional growth anticipated under Project buildout would be consistent with the General Plan population projection, citywide planning objectives , and RHNA housing allocation. As a result, impacts on population growth associated with potential future development under the proposed Project would be less than significant. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Less than Significant Impact . Implementation of the Project c ould result in an increase in the total number of dwelling units within the Project Area . While redevelopment of some parcels in the Project Area could cause demolition of existing dwelling units, the development would be subject to SB 330 , which ensures that the demolition of housing does not result in a net loss of units . Addi tionally, since there are ample vacant and underutilized land available to locate new dwelling units within the Project Area, it is anticipated that most new units would not require demolition of existing housing. As a result, development of the Project site would not result in the displacement of a substantial number of existing people or housing and impacts would be less than significant.
4.14.3 Mitigation Measures
None Required.
41 4,868 housing units * .967 occupancy rate * 2.79 people per unit = 13,134 42 Population growth is calculated using the difference between the estimated population of 921,057 by 2056 and the existing population according to the 2020 decennial census, which is 542,107.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 148
4.15 PUBLIC SERVICES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in substantial adverse physical
impacts associated with the provision
of new or physically altered
governmental facilities, need for new
or physically altered governmental
facilities, the construction of which
could cause significant environmental
impacts, in order to maintain
acceptable service ratios, response
times or other performance
objectives for any of the public
services:
i. Fire protection? X
ii. Police protection? X
iii. Schools? X
iv. Parks? X
v. Other public facilities? X
4.15.1 Environmental Setting
The Project Area is located within Fresno City Limits and thus, would be subject to fees for the construction, acquisition, and improvements for public services. These services and fees include:
Fire Protection Services
Fire Protection Services in the city are provided by the Fresno Fire Department (FFD). The FFD operates a total of 20 fire stations/companies that serve a 116-square-mile area. To facilitate adequate service ratios, response times, or other performance objectives for fire protection services, all development in the city of Fresno is required to be located within three (3) miles of an existing fire station. To address impacts to fire protection services, the City of Fresno has implemented the Fire Facilities Fee pursuant to Section 12-4.901 of the FMC, which requires developers to pay the “fair share” of construction and acquisition costs for improvements to fire department facilities. Future projects in the Project Area would be subject to the assessment of a Fire Facilities Impact Fee based on the project size.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 149 Table 4-19 Fire Facilities Fee Program
Type Fee
Single-Family Residential per unit $1,893
Multi-Family Residential per unit $1,429
Retail per 1,000 sf. of building $662
Office per 1,000 sf. of building $757
Pre-Consultation with the FFD was conducted for the proposed Project on April 8, 2024. A response was received on April 19, 2024, and no comments were provided.
Fresno General Plan includes policies regarding fire protection in its Public Utilities and Services Element as shown below:
OBJECTIVE PU-2. Ensure that the Fire Department’s staffing and equipment resources are sufficient to meet all fire and emergency service level objectives and are provided in an efficient and cost effective manner.
Policy PU-2-a: Unify Fire Protection. Pursue long- range transfer of fire protection service agreements with adjacent fire districts that, in concert with existing automatic aid agreements, will lead to the eventual unification of fire protection services in the greater Fresno area.
Policy PU-2-b: Maintain Ability. Strive to continually maintain the Fire Department’s ability to provide staffing and equipment resources to effectively prevent and mitigate emergencies in existing and new high -
r
ise buildings and in other high
-de
nsity residential and commercial development throughout the city.
Policy PU-2-c: Rescue Standards. Develop appropriate standards, as necessary, for rescue operations, including, but not limited to, confined space, high angle, swift water rescues, and the unique challenges of a high speed train corridor.
Policy PU-2-d: Station Siting. Use the General Plan, community plans, Specific Plans, neighborhood plans, and Concept Plans, the City’s Geographic Information Systems (GIS) database, and a fire station location program to achieve optimum siting of future fire stations.
Policy PU-2-e: Service Standards. Strive to achieve a community wide risk management plan that include the following service level objectives 90 percent of the time: … OBJECTIVE PU-3. Enhance the level of fire protection to meet the increasing demand for services from an increasing population.
Policy PU-3-a: Fire Prevention Inspections. Develop strategies to enable the performance of annual fire and life safety inspection of all industrial, commercial, institutional, and multi -f amily residential buildings, in
accordance with nationally recognized standards for the level of service necessary for a large Metropolitan Area, including a self-c
ertification program.
Policy PU-3-b:Reduction Strategies. Develop community ri sk reduction strategies that target high service demand areas, vulnerable populations (e.g. young children, older adults, non -E
nglish speaking residents,
persons with disabilities, etc.), and high life hazard occupancies.
Policy PU-3-c: Public Education Strategies. Develop strategies to re - establish and enhance routine public education outreach to all sectors of the community.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 150 Policy PU -3-d:Review Development Applications. Continue Fire Department review of development applications, provide comments and recommend conditions of approval that will ensure adequate on -si
te
and off-
site fire protection systems and features are provided.
Policy PU-3-e: Building Codes. Adopt and enforce amendments to construction and fire codes, as determined appropriate, to systematically reduce the level of risk to life and property from fire, commensurate with the City’s fire suppression capabilities.
Policy PU -3-f: Adequate Infrastructure. Continue to pursue the provision of adequate water supplies, hydrants, and appropriate property access to allow for adequate fire suppression throughout the City.
Policy PU-3-g:Cost Recovery. Continue to evaluate appropriate codes, policies, and methods to generate fees or other sources of revenue to offset the ongoing personnel and maintenance costs of providing fire prevention and response services.
Police Protection Services
Police Protection Services in the city are provided by the Fresno Police Department (FPD). The FPD is divided into five (5) policing districts. Currently, the City has 926 authorized police officer positions with 858 filled as of June 2024, allowing up to a service level of 1.57 officer per 1,000 residents and providing 1.45 officer per 1,000 residents.
To address impacts to police protection services, the City has implemented the Police Facilities Fee pursuant to Section 12-4.801 of the FMC, which requires developers to pay the “fair share” of construction and acquisition costs for improvements to police protection services and facilities. Future projects in the Project Area would be subject to the assessment of a Police Facilities Impact Fee based on the project size.
Table 4-20 Police Facilities Fee Program
Type Fee
Single-Family Residential per unit $618
Multi-Family Residential per unit $466
Retail per 1,000 sf. of building $658
Office per 1,000 sf. of building $626
Pre-Consultation with the FPD was conducted for the proposed Project on April 8, 2024 . No comments were received in the requested timeframe.
The Fresno General Plan includes policies regarding police protection in its Public Utilities and Services Element as shown below:
OBJECTIVE PU-1. Provide the level of law enforcement and crime prevention services necessary to maintain a safe, secure, and stable urban living environment through a Police Department that is dedicated to providing professional, ethical, efficient and innovative service with integrity, consistency and pride.
Policy PU-1-b: Involvement in General Plan. Facilitate Police Department participation in the implementation of General Plan policies, including citizen participation efforts and the application of crime prevention design measures to reduce the exposure of neighborhoods to crime and to promote community security. • Facilitate Police Department communication with citizen advisory committees. • Refer appropriate development entitlements to the Police Department for review and comment.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 151 Policy PU -1-c: Safety Considerations in Development Approval. Continue to identify and apply appropriate safety, design and operational measures as conditions of development approval, including, but not limited to, street access control measures, lighting and visibility of access points and common areas, functional and secure on-s
ite recreational and open space improvements within residential developments, and use of State licensed, uniformed security.
Policy PU-1-d: New Police Station Locations. Consideration will be given to co -l ocating new police station facilities with other public property including, but not limi ted to, schools, parks, playgrounds, and community centers to create a synergy of participation in the neighborhood with the potential result of less vandalism and promotion of a better sense of security for the citizens using these facilities.
Policy PU-1-e: Communication with Public. Maximize communication and cooperative efforts with residents and businesses in order to identify crime problems and optimize the effectiveness of crime prevention measures and law enforcement programs.
Policy PU-1-g: Plan f or Optimum Service. Create and adopt a program to provide targeted police services and establish long
-t
erm steps for attaining and maintaining the optimum levels of service -
1.5 unrestricted officers
per 1,000 residents.
Schools
Educational services within the Project Area are provided by the following school districts: Central Unified School District, Clovis Unified School District, Fresno Unified School District, and Washington Union Unified School District.
Table 4-21 shows the student generation rates for each school district. Funding for schools and school facilities impacts is outlined in Education Code Section 17620 and Government Code Section 65995 et. seq., which governs the amount of fees that can be levied against new development. These fees are used to construct new or expanded school facilities. Payment of fees authorized by the statute is deemed “full and complete mitigation.” Future projects in the Project Area would be subject to the assessment of a Police Facilities Impact Fee based on the Developer Fee rates in place at the time payment is due.
Table 4-21 Student Generation Rates of each School District Central Unified 1 Clovis Unified 2 Fresno Unified 3 Washington Unified 4 Elementary TK-6 0.343 0.1205 0.30795 -
Intermediate School 7-8 0.088 0.0259 0.08214 -
High School 9-12 0.137 0.0538 0.15060 -
Total TK-12 0.568 0.2002 0.54069 0.70
1. Central Unified School District. (2024). School Facility Fee Justification Report. Accessed September 19, 2024, https://4.files.edl.io/c25c/07/29/24/170429-47a139fc-093c-40ed-a858-d9048fd97fce.pdf
2. Clovis Unified School District. (2024). Development Fee Study/School Facilities Needs Analysis . Accessed September 19, 2024, https://www.cusd.com/Downloads/Clovis%20USD%202024%20School%20Fee%20Needs%20Analysis.pdf
3. Fresno Unified School District. (2024). 2024 Developer Fee Justification Study for Fresno Unified School District. Accessed September 19, 2024,
https://resources.finalsite.net/images/v1722894214/fresnouorg/oanjri8auz9bfdveqwao/FresnoUnifiedDevFeeStudy2024RE V.pdf
4. Washington Unified School District (2022). Developer Fee Justification Document. Accessed September 19, 2024, https://www.washingtonunified.org/wp-content/uploads/2022/04/WUSD-Level-1-Dev-Fees-Final-.pdf
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 152 Source:
Pre-Consultation was conducted for the proposed Project on April 8, 2024. No comments were received in the requested time frame.
Fresno General Plan includes applicable policies regarding schools in its Parks, Open Space, and Schools Element as shown below:
OBJECTIVE POSS-8 Work cooperatively with school districts to find appropriate locations for schools to meet the needs of students and neighborhoods.
Policy POSS-8-b Appropriate School Locations. Support school locations that facilitate safe and convenient access by pedestrian and bicycle routes, are compatible with surrounding land uses, and contribute to a positive neighborhood identity and Complete Neighborhoods.
Policy POSS-8-c Park and School Site Coordination. Pursue the cooperative development and use of school sites with adjacent neighborhood parks for both school activities and non -school related recreational activities.
Parks and Recreation
Park and Recreation Facilities are overseen by the Fresno Parks, After School, Recreation, and Community Services (PARCS). The General Plan established a service standard for park acreage of five (5) acres per 1,000 residents, with three (3) acres for community, neighborhood, and pocket parks and two (2) acres as regional parks. Similar to other public services, the City had established the Park Facilities Fee which requires developers to pay the “fair share” of construction and acquisition for improvements to park facilities. Future projects in the Project Area would be subject to the assessment of a Park Facilities Impact Fee based on the project size.
Table 4-22 Park Facilities Fee Program
Type Park Facility Impact Fee Quimby Parkland Dedication Fee Single-Family Residential per unit $4,027 $1,153
Multi-Family Residential per unit $3,037 $879
Fresno General Plan includes applicable policies regarding park facilities in its P arks, O pen Space, and Schools Element as shown below:
Policy POSS-2-c Review of Development Applications. Coordinate review of all development applications (i.e., site plans, conditional use permits, and subdivision maps) in order to implement the parks and open space standards of this Plan.
Policy POSS-2-e Open Space Dedication for Residential Development. Ensure new residential developments provide adequate land for parks, open space, landscaping, and trails through the dedication of land or otherwise providing for Pocket Parks, planned trails, and other recreational space, maintained by an HOA, CFD, or other such entity.
Courts
The city of Fresno contains two (2) State courts, Fresno County Superior Court and 5th District Court of Appeals, and one (1) federal court.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 153 Library
The Fresno County Public Library System provides libraries in the city of Fresno. There are 39 libraries throughout the County of Fresno, 11 of which are located in the city of Fresno planning area.
Hospital
There are nine (9) hospitals located within the city of Fresno planning area with a total capacity of 1,603 beds as of 2020.
4.15.2 Impact Assessment
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
i. Fire protection?
Less than Significant Impact. Although the Project does not propose physical development, implementation of the Project could result in the future development of approximately 22,425 residential dwelling units over the next 30 years. Of the 22,425 units, only 4,868 units (2,692 resulting from office-to-dwelling conversions and 2,176 resulting from new residential development on Office -zoned parcels) account for additional capacity beyond what is currently permitted within the Fresno Municipal Code . Development would occur within the Project Area, within City Limits, and may increase demand for fire protection services that could require the construction of new or expanded facilities to maintain acceptable service ratios, response times, or other performance objectives. Future development would be required to pay the Fire Facilities Fee for construction and acquisition costs related to fire protection services. Future development would also be required to comply with the local and state building and fire code requirements , as verified through the entitlement or building permit process . If new or expanded fire facilities are necessary, the construction of such facilities would be typical of such facilities and would be required to comply with applicable policies and regulations to reduce any adverse environmental effects. Impacts would be less than significant.
ii. Police protection?
Less than Significant Impact. Although the Project does not propose physical development, implementation of the Project could result in the future development of approximately 22,425 residential dwelling units over the next 30 years. Of the 22,425 units, only 4,868 units (2,692 resulting from office-to-dwelling conversions and 2,176 resulting from new residential development on Office -zoned parcels) account for additional capacity beyond what is currently permitted within the Fresno Municipal Code. Development would occur within the Project Area, within City Limits, and may increase demand for police protection services that could require the construction of new or expanded facilities to maintain acceptable service ratios, response times, or other performance objectives. Future development would be required to pay the Police Facilities Fee for construction and acquisition costs related to police protection services. If new or expanded police facilities are necessary, the construction of such facilities would be typical of such facilities and would be required to comply with applicable policies and regulations to reduce any adverse environmental effects. Impacts would be less than significant.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 154 iii. Schools?
Less than Significant Impact. The development and management of school sites are the responsibility of school districts and elected governing school boards. The Project Area is within the Fresno Uni fied, Washington Union Unified, Clovis Unified, and Central Unified school districts, as shown in Figure 4 -13. According to student generation rates established by these school districts, the Project Area could generate 971 Fresno Unified students, 406 Washington Union Unified students, 459 Clovis Unified students, and 130 Central Unified students. 43 As such, a total number of 1,966 students could be generated from the implementation of the Project, which assumes 20% of existing office uses within the Office District would be converted into residential uses and 20% of the vacant/underutilized Office District parcels would be developed with residential uses.
Table 4-23 Student Generation under Project Implementation Fresno Unified Washington Union Clovis Unified Central Unified Elementary TK-6 553 - 276 79
Intermediate School 7-8 147 - 59 20
High School 9-12 270 - 123 31
Total TK-12 971 406 459 130
Future development resulting from Project implementation would be subject to School Impact Fees to mitigate the effect of the projects on schools. Payment of fees authorized by the statute is deemed “full and complete mitigation.” Thus, to offset any potential impacts, the Project shall be subject to School Impact Fees. As such, the Project will have a less than significant impact.
iv. Parks?
Less than Significant Impact. Park and recreational facilities are typically impacted by an increase in use from residential development, due to an increase in population and thereby demand for park and recreational facilities.
Although the Project does not propose physical development, implementation of the Project could result in the future development of approximately 22,425 residential dwelling units over the next 30 years. Of these 22,425 residential dwelling units, approximately 4,868 units (2,692 resulting from office-to-dwelling conversions and 2,176 resulting from new residential development on Office-zoned parcels) account for additional capacity beyond what is currently permitted within the Fresno Municipal Code. The 4,868 units could generate approximately 13,134 new residents based on the City of Fresno’s average household size of 2.79 for renter-occupied units and 3.3% vacancy rate
44 45, which would increase the population to 555,241. To account for the potential increase of 13,134 new residents, 39.4 acres of parkland is required to meet Quimby and General Plan parkland provision standards. These standards would be met through compliance with FMC Section 15-1004 and 15-3701 (see Environmental Setting of
Section 4.16 Recreation) as verified through the zone clearance review process.
43 Buildout of the Project would create approximately 1,795 dwelling units in the Fresno Unified District, 580 dwelling units in the Washington Union Unified District, 2,291 dwelling units in the Clovis Unified District, and 229 dwelling units in the Central Unified District.
44 4,868 housing units * .967 occupancy rate * 2.79 people per unit = 13,134 45 U.S. Census Bureau. "Selected Housing Characteristics." American Community Survey, ACS 1 -Year Estimates Data Profiles, Table DP04, 2022. Accessed on March 4, 2024, https://data.census.gov/table/ACSDP1Y2022.DP04?q=household size&g=160XX00US0627000
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 155 According to feedback from the Project’s pre -consultation, the San Joaquin River Conservancy recommends that the safe, public access opportunities to the San Joaquin River Parkway could be provided to accommodate the reasonable buildout of 22,425 units from Project implementation over the next 30 years. Implementation of the Project and buildout of the Project Area will be generally consistent with policies and objectives set forth in the Parks, Open Space Element and Schools Element of the City of Fresno General Plan. Existing and planned trail access points, open space , and bicycle/pedestrian paths (see Figure 4 -1) would not be impacted by the Project .
Development within 300 feet of the San Joaquin River bluff would also be subject to compliance with standards set forth in the Bluff Protection (BL) Overlay District to preserve the River and scenic views of the River.
In addition, future residential development will be reviewed to ensure that adequate parks are provided for the anticipated development. Impacts would be less than significant. v. Other public facilities?
Less than Significant Impact. Although no specific development is currently proposed, future development resulting from Project implementation could increase the demand for other public services, such as courts, libraries, hospitals, etc . Increased demand as a result of the continued implementation of the Project could result in development or expansion of public facilities. Typical environmental impacts associated with the development of these facilities include air quality, greenhouse gas emissions, noise, traffic, etc. As new or expanded public facilities become necessary, construction or expansion of such facilities would be subject to environmental review to identify and mitigate any potential environmental impacts. Therefore, the Project would have a less than significant impact.
4.15.3 Mitigation Measures
None required.
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Figure 4-13 School Districts
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4.16 RECREATION
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Increase the use of existing
neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of
the facility would occur or be
accelerated?
X
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities
which might have an adverse physical
effect on the environment?
X
4.16.1 Environmental Setting
Park and Recreation Facilities are overseen by the Fresno Parks, After School, Recreation, and Community Services (PARCS).
Fresno General Plan
The Fresno General Plan Parks, Open Space, and Schools Element includes the following objectives and policies related to park and recreational facilities and services:
Objective POSS-1 Provide an expanded, high quality and diversified park system, allowing for varied recreational opportunities for the entire Fresno community.
Policy POSS-1-a Parkland standard. Implement a standard of at least three acres of public parkland per 1,000 residents for Pocket, Neighborhood, and Community parks throughout the city, while striving for five acres per 1,000 residents for all parks throughout the city, subject to identifying additional funding for Regional Parks, Open Space/Natural Areas, and Special Use Parks/Facilities.
Policy POSS-1-e Criteria for Parks in Development Areas. Continue to use park size and service area criteria for siting new parks and planning for parks in Development Areas:
Park Type Size Range (Acreage) Population Served Service Area Radius Neighborhood 2.01 to 10 10,000-15,000 Up to 1 mile
Community 10.01 to 40 50,000-80,000 Up to 4 miles
Regional More than 40* 100,000 100,000 residents
*Or when amenities provide regional service.
Objective POSS-2 Ensure that adequate land, in appropriate locations, is designated and acquired for park and recreation uses in infill and growth areas.
Policy POSS-2-a Identify opportunities to site, develop and co -locate Fire and Police stations with needed parks and open space as joint-use facilities.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 158 Policy POSS-2-b Park and Recreation Priorities. Use the following priorities and guidelines in acquiring and developing parks and recreation facilities:
• Acquire and develop neighborhood park space in existing developed neighborhoods that are deficient of such space and in areas along BRT corridors that are designated as priorities for encouraging new mixed- use transit-oriented development;
• Provide accessible recreation facilities in established neighborhoods with emphasis on those neighborhoods currently underserved by recreation facilities; • Improve established neighborhood parks with emphasis on those neighborhoods with the greatest need; • Acquire and develop neighborhood and community parks in new Development Areas; • Recognize community parks as a special need in areas that lack these facilities or are planned for transit supportive urban densities, and explore all potential sources of revenue to secure and develop appropriate sites including joint use facilities;
• Develop new special purpose parks, such as outdoor gym equipment, natural resource based trail parks, equestrian centers, dog parks, and amphitheaters, as well as alternative recreation facilities, such as community recreation centers, passive wildlife o bservation park, cultural heritage and diversity park, military veterans memorial park, and universal access open space park; and • Acquire and develop park and open space in established neighborhoods and Development Areas, prioritizing existing neighborhoods with the greatest deficiencies, so that all residents have access to park or open space within one -half mile of their residenc e. Develop these facilities to be fully accessible to individuals with disabilities as required by law.
Policy POSS-2-c Review of Development Applications. Coordinate review of all development applications (i.e., site plans, conditional use permits, and subdivision maps) in order to implement the parks and open space standards of this Plan.
• Assure the provision of adequate active and passive open spaces and facilities as appropriate within residential subdivisions through Development Code requirements for mandatory dedication and improvement of land and/or development fees.
• Require the provision of appropriate outdoor living areas or private open space in multi-family residential developments not subject to the Subdivision Map Act.
• Request open space easements where feasible and warranted to secure appropriate public use of sensitive areas with scenic or recreation values, and for buffering space for sensitive areas. • Require provision of appropriate open space areas in private projects, in the form of trails, enhanced landscaped setbacks, parks, and water features.
• Evaluate the merits of establishing a development bonus entitlement program in which development incentives (i.e., bonus densities, bonus floor area square footage) are provided for contributions to public recreational facilities on-site or in the vicinity of the development project.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 159 Policy POSS-2-e Open Space Dedication for Residential Development. Ensure new residential developments provide adequate land for parks, open space, landscaping, and trails through the dedication of land or otherwise providing for Pocket Parks, planned trails, and other recreational space, maintained by an HOA, CFD, or other such entity.
Objective POSS-3 Ensure that park and recreational facilities make the most efficient use of land; that they are designed and managed to provide for the entire Fresno community; and that they represent positive examples of design and energy conservation.
Policy POSS-3-a Centralized Park Locations. Site parks central and accessible to the population served, while preserving the integrity of the surrounding neighborhood.
Policy POSS-3-b Park Location and Walking Distance. Site Pocket and Neighborhood Parks within a half-mile walking distance of new residential development.
Policy POSS-3-c Link Parks with Walkways. Link public open space to adjacent, schools, and residential uses and Activity Centers through a series of landscaped linear walkways and bikeways that enhance and encourage pedestrian use.
Policy POSS-3-d Sidewalks to Connect Neighborhoods. Sidewalks should be designed for internal neighborhood circulation, and to connect neighborhoods to other residential areas, parks, community trails, shopping, and major streets.
Policy POSS-3-e Minimum Park Size for Active Recreation. Minimize City acquisition or acceptance of dedication of park sites less than two acres in size for active recreational uses, except where maintenance costs are secured through a CFD, HOA, or other such mechanism.
Policy POSS-3-f Park Design Guidelines. Create, maintain, and apply park design guidelines, with provisions for appropriate amenities for each park type, which may include:
• Minimum and maximum shade. •Protections from shading by adjacent buildings. • Accessibility to persons with disabilities. • Street trees and landscaped median strips in adjacent arterial roads. • Art and points of attraction. • Landscape and hardscape features. • Street furniture, signage, and lighting. • Food sales and entertainment. • Restroom facilities, play structures, and picnic shelters. • Landscape design synthesis with input from civil engineers and hydrologists, educators and daycare providers, fitness trainers and coaches, police officers and experts in crime prevention through environmental design, as appropriate. • Solar panels, new LED lighting, and water efficiency improvements. Sports field areas designed to allow periodic changes in field locations to minimize wear areas and provide sufficient fields to host regional, state, or national tournaments. • Using topography to create interesting and visually appealing spaces and forms. • Use of waterways as a key design influence, a focus of rest oration, and an opportunity to provide for public enjoyment of views. • Reflecting the agricultural and horticultural heritage of the site or area. • Connecting with surrounding areas in a way that encourages expanded pedestrian activity. • Creating individual places within a park that respond to the needs of a broad range of park users, from youth to the elderly. • Creating places of delight that engage the senses. • Creating places that engage the mind, by treating park features as opportunities for interpretation and questioning. • Using sustainable design practices, and highlighting these as opportunities for learning.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 160 Policy POSS-3-g Park Security and Design. Promote safety, attractiveness, and compatibility between parks and adjacent residential areas through design, maintenance, and enforcement of park regulations • Require the installation of security lighting for parking, points of access, and building areas at all public recreation and park sites.
• Keep neighborhood eyes on parks to increase security.
Policy POSS-3-i Joint Use with Drainage Facilities. Continue to seek joint use agreements for use of FMFCD stormwater drainage facilities.
Objective POSS-4 Pursue sufficient and dedicated funding for parks acquisition, operations, and maintenance.
Policy POSS-4-b Operation and Maintenance Financing. Continue to require new residential development to form lighting and landscaping maintenance districts or community facility districts or ensure other means of financing to pay for park operations and maintenance.
Policy POSS-4-c Improvements in Established Neighborhoods. Seek agreements with formal neighborhood associations and institutions for improvements and ongoing maintenance of parks in established neighborhoods.
Fresno Municipal Code
FMC Section 12-4.702 establishes the Park Facilities Fee to pay for municipally owned park and recreation facilities.
Residential development is responsible for a combination of land dedication and payment of in- lieu fees. Multi - family development in particular is subject to on-site open space and in-lieu fee requirements. On-site open space requirements for multi-family residential uses are outlined in FMC Section 15 -1004. The minimum amount of on- site open space required is based on the size of the lot an d can be met through a combination of private open space, common open space, or public plazas. Quimby Act requirements are outlined in FMC Section 15-3701. 2017 Fresno Parks Master Plan
The City of Fresno adopted the Parks Master Plan update in 2017. 46 According to the Plan, Fresno needs to increase 1,113 acres of parkland to meet the General Plan goals for the 2017 population, and 1,769 acres of parkland to meet population needs by 2035. The Plan highlights key findings of the existing conditions of Fresno’s park space and provides strategies for a complete and functional park system in the city. The Plan assesses the conditions and lack of amenities in the city of Fresno, as presented in Figure 4-14. Figure 4-15 shows the areas of park needs according to existing parks. These areas of need are generally located in the west and southeast portions of the Project Area.
46 City of Fresno. (2017). Fresno Parks Master Plan. Accessed on May 26, 2024 , https://www.fresno.gov/wp- content/themes/cityoffresno/_largefiles/FresnoPMPFinalDocumentwithAppA051818_S.pdf
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 161
Figure 4-14 Neighborhood Amenities Gap
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Figure 4-15 Existing Conditions Needs Gradient Map
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4.16.2 Impact Assessment
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than Significant Impact. According to the City of Fresno Parks Master Plan, the City maintains 1,023 acres of parkland. The General Plan establishes a level of service goal to provide five (5) acres of city park space per 1,000 residents, including three (3) acres of community, neighborhood, and pock parks, and two (2) acres of regional parks, greenways, and trails. Park and recreational facilities are typically impacted by an increase in use from residential development, due to an increase in population and thereby demand for park and recreational facilities.
Although the Project does not propose physical development, implementation of the Project could result in the future development of approximately 22,425 residential dwelling units over the next 30 years. Of these 22,425 residential dwelling units, approximately 4,868 units account for additional capacity beyond what is currently permitted within the Fresno Municipal Code. The 4,868 units could generate approximately 13,134 new residents based on the City of Fresno’s average household size of 2.79 for renter-occupied units and 3.3% vacancy rate 47 48,
which would increase the population to 555,241 . To account for the potential increase of 13,134 new residents ,
39.4 acres of parkland is required to meet Quimby and General Plan parkland provision standards. These standards would be met through compliance with FMC Section 15-1004 and 15-3701 (see Environmental Setting) as verified through the Zone Clearance review process. In addition to the mitigation measure, future residential development within the Project Area would be subject to the Park Facilities Impact Fee. The Park Impact Fee revenues generated give the City the means to acquire land and develop parks. As a result, the Project would have a less than significant impact with mitigation incorporated.
b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment?
Less than Significant Impact. Future residential development resulting from the Project could include the construction of recreational facilities. In such cases, development projects would be reviewed and conditioned by the City in accordance with the FMC, as verified through the zone clearance process. Impacts would be less than significant.
4.16.3 Mitigation Measures
None Required.
47 4,868 housing units * .967 occupancy rate * 2.79 people per unit = 13,134 48 U.S. Census Bureau. "Selected Housing Characteristics." American Community Survey, ACS 1 -Year Estimates Data Profiles, Table DP04, 2022. Accessed on March 4, 2024, https://data.census.gov/table/ACSDP1Y2022.DP04?q=household size&g=160XX00US0627000
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 164
4.17 TRANSPORTATION
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with a program, plan,
ordinance or policy addressing the
circulation system, including transit,
roadway, bicycle and pedestrian
facilities?
X
b) Conflict or be inconsistent with CEQA
Guidelines § 15064.3, subdivision (b)? X
c) Substantially increase hazards due to
a geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
X
d) Result in inadequate emergency
access? X
4.17.1 Environmental Setting
The following summarizes plans, policies, and regulations that apply to the Project Area.
Fresno General Plan
The General Plan identifies the following objective and policy related to analyzing transportation impacts.
Objective MT-1. Create and maintain a transportation system that is safe, efficient, provides access in an equitable manner, and optimizes travel by all modes.
Policy MT -1b. Circulation Plan Diagram Implementation. Design and construct planned streets and highways that complement and enhance the existing network, as well as future improvements to the network consistent with the goals, objectives and policies of the General Plan, as shown on the Circulation Diagram (Figure MT-1), to ensure that each new and existing roadway continues to function as intended.
Policy MT-1-d Integrate Land Use and Transportation Planning. Plan for and maintain a coordinated and well integrated land use pattern, local circulation network and transportation system that accommodates planned growth, reduces impacts on adjacent land uses, and preserves the integrity of established neighborhoods.
Policy MT-1-f Match Travel Demand with Transportation Facilities. Designate the types and intensities of land uses at locations such that related travel demands can be accommodated by a variety of viable transportation modes and support Complete Neighborhoods while avoiding the routing of excessive or incompatible traffic through local residential streets.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 165 Policy MT-1-k. Multi-Model Level of Service Standards. Develop and use a tiered system of flexible, multi - modal Level of Service standards for streets designated by the Circulation Diagram (Figure MT-1). Strive to accommodate a peak hour vehicle LOS of D or better on street segments and at intersections, except where Policies MT-1-m through MT-1-p provide greater specificity. Establish minimum acceptable service levels for other modes and use them in the development review process.
Policy MT-1-n. Peak Hour Vehicle LOS. For planning purposes and implementation of Capital Improvement Projects, maintain a peak-hour vehicle LOS standard of D or better for all roadway areas outside of identified Activity Center and Bus Rapid Transit Corridor districts, unless the City Traffic Engineer determines that maintaining this LOS would be infeasible and/or conflict with the achievement of other General Plan policies.
Objective MT-2. Make efficient use of the City’s existing and proposed transportation system and strive to ensure the planning and provision of adequate resources to operate and maintain it.
Policy MT -2-i. Transportation Impact Studies. Require a Transportation Impact Study (currently named Traffic Impact Study) to assess the impacts of new development projects on existing and planned streets for projects meeting one or more of the following criteria, unless it is determined by the City T raffic Engineer that the project site and surrounding area already has appropriate multi -modal infrastructure improvements.
• When a project includes a General Plan amendment that changes the General Plan Land Use Designation.
• When the project will substantially change the off-site transportation system (auto, transit, bike or pedestrian) or connection to the system, as determined by the City Traffic Engineer. • Transportation impact criteria are tiered based on a project’s location within the City’s Sphere of Influence. This is to assist with areas being incentivized for development. The four zones, as defined on Figure MT -4, are listed below. The following crite ria apply (Note: the Project site is in Traffic Impact Zone III, so the other zones are omitted for brevity):
o Traffic Impact Zone III (TIZ -III): TIZ-III generally represents areas near or outside the City Limits but within the SOI as of December 31, 2012. Maintain a peak hour LOS standard of D or better for all intersections and roadway segments. A TIS will be req uired for all development projected to generate 100 or more peak hour new vehicle trips.
Policy MT-2-m. Use VMT Analysis for CEQA. Use VMT Analysis for CEQA. Use Vehicle Miles Traveled (VMT) as the criteria for evaluating transportation impacts under the California Environmental Quality Act (CEQA), pursuant to Senate Bill 743. Level of Service (LOS) may still be used for planning purposes and implementation of Capital Improvement Projects, however VMT shall be used for determining mitigation under CEQA beginning in July of 2020.
Objective MT-4. Establish and maintain a continuous, safe, and easily accessible bikeways system throughout the metropolitan area to reduce vehicle use, improve air quality and the quality of life, and provide public health benefits.
Policy MT-4-a Active Transportation Plan. To the extent consistent with this General Plan, continue to implement and periodically update the Active Transportation Plan to meet State standards and requirements for recommended improvements and funding proposals as determined appropriate and feasible.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 166 Policy MT-4-b Bikeway Improvements. Establish and implement property development standards to assure that projects adjacent to designated bikeways provide adequate right -of-way and that necessary improvements are constructed to implement the planned bikeway system shown on Figure MT-2 to provide for bikeways, to the extent feasible, when existing roadways are reconstructed; and alternative bikeway alignments or routes where inadequate right-of-way is available.
Policy MT-4-h Bicycle Parking Facilities. Promote the installation of bicycle locking racks and bicycle parking facilities at public buildings, transit facilities, public and private parking lots, and recreational facilities.
Establish standards for bicycle parking in the Development Code.
City of Fresno Active Transportation Plan
The City of Fresno Active Transportation Plan (ATP) adopted March 2017, updates and supersedes the City of Fresno 2010 Bicycle, Pedestrian, and Trails Master Plan (BMP) . The ATP outlines the vision to provide human- powered travel including walking, bicycling, and wheelchair use. The ATP aims to improve the accessibility and connectivity of bicycle and pedestrian network to increase the number of people to travel active transportation. The goals identified in the ATP are:
• Equitably improve the safety and perceived safety of walking and bicycling in Fresno • Increase walking and bicycling trips in Fresno by creating user-friendly facilities • Improve the geographic equity of access to walking and bicycling facilities in Fresno • Fill key gaps in Fresno’s walking and bicycling networks City of Fresno Complete Streets Policy
The City of Fresno Complete Streets Policy was adopted in October 2019. The intent of the Complete Streets Policy is to guide implementation of complete streets and multimodal objectives and policies within the Fresno General Plan. The Complete Streets policy aids the planning, design, and construction of transportation facilities that balance safety, access, and mobility for users of all abilities and ages. Complete streets designs have been integrated into the City’s policies in accordance with AB 1358.
City of Fresno Proposed Text Amendment for Ministerial Approval The City of Fresno’s proposed Text Amendment for ministerial approval prohibits ministerial approval of projects which exceed development or impact thresholds. The following language would prohibit ministerial approval of a project that would exceed development or impact thresholds related to transportation. Projects that exceed these thresholds would be required to obtain a Development Permit. The full Text Amendment is provided in Appendix
E.
B. Exceptions.
2. Development or Impact Thresholds. A project site that is determined to require additional review or improvements based on a technical study or analysis required pursuant to any of the following, must obtain a Development Permit unless otherwise specified below.
f. Projects within traffic zones TIZ 1, TIZ 2, and TIZ 4 that would generate more than 2 00 new peak hour trips, and projects in TIZ 3 that would generate more than 100 new peak hour trips, projects within the Neighborhood Mixed -Use (NMX), Corridor/Center Mixed -Use, (CMX), Regional Mixed -Use (RMX),
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 167 Commercial-Main Street (CMS), and Commercial Regional (CR) that generate more than 300 peak hour trips, or projects proposing less than 80% residential development within NMX, CMX, RMX, CMS or CR zone district within the Infill Priority Area. However, if a Traffic Impact Analysis is completed and no off- site improvements beyond standard requirements are recommended, and the project will not exceed LOS thresholds, the application can be processed subject to a zone clearance. g. If a project does not meet at least one of the project screening criteria contained in the City of Fresno, CEQA Guidelines for VMT Thresholds (Adopted June 2020) according to the Fresno County VMT Screening Application, a discretionary development permit is required.
Additionally, projects seeking ministerial approval would be required to comply with standards set by the Public Works Department. The following language would prohibit ministerial approval of a project that would be unable to comply with the Public Works standards.
E. The project shall comply with the following standards and all applicable Public Works standards:
1. When a proposed residential development consisting of more than 200 units is in close proximity to a school or activity center (e.g. a mixed-use urban area where there is a concentration of commercial and other land uses), is near a bus stop or pedestrian or bicycle route (existing or planned per the Active Transportation Plan as amended), the following may be required:
a. Bicycle and pedestrian facilities such as signalized crossings, traffic signal upgrades, such as left- turn phasing, sidewalks or asphalt paths, and bicycle facilities. b. Construction of improvements in accordance with the City of Fresno’s Complete Street Policy (as amended).
2. When LOS reaches E or F on High Frequency Transit Corridors, development projects within the Corridors may be conditioned to provide transit street design treatments and operational strategies, or in -lieu fees, set forth by the City of Fresno, including in tersection treatments, dedicated transit lanes, business access and transit (BAT) lanes, Transit Signal Priority (TSP), and/or others.
SB 743 and VMT Analysis
Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create on California roads. If the project adds excessive car travel onto our roads, the project may cause a significant transportation impact.
The State CEQA Guidelines were amended to implement SB 743, by adding Section 15064.3. Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities are no longer a relevant CEQA criteria for transportation impacts.
CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate used
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 168 to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.”
In April 2018, the Governor’s Office of Planning and Research (OPR) issued the Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) (revised December 2018) to provide technical recommendations regarding VMT, thresholds of significance, and mitigation measures for a variety of land use project types. Since no development project is proposed, such thresholds are not applicable for the Project.
On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds 49, pursuant to Senate Bill 743 to be effective of July 1, 2020. The thresholds described therein are referred to herein as the City of Fresno VMT Thresholds. The City of Fresno VMT Thresholds document was prepared and adopted consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7. The December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory), published by the Governor’s Office of Planning and Research (OPR), was utilized as a reference and guidance document in the preparation of the Fresno VMT Thresholds.
The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to screen out qualified projects that meet the adopted criteria from needing to prepare a detailed VMT analysis. In particular, the City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a variety of projects that may be screened out of a VMT analysis including specific development and transportation projects. However, the City of Fresno VMT Thresholds Section 3.1 regarding Development Projects states that "if a project constitutes a General Plan Amendment or a Zone Change, none of the screening criteria may apply”.
Figure 4-16 shows the recommended
VMT analysis process for land use development projects . According to the VMT Thresholds, the Fresno COG VMT Screening Tool can also be used to determine whether a development project may be screened from a detailed VMT analysis.
49 Fresno Council of Governments. (2020) Fresno County SB 743 Implementation Regional Guidelines
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 169
Figure 4-16 VMT Analysis Process for Land Use Development Projects
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 170 Citywide Traffic Signal Mitigation Impact (TSMI) Fee Program The City of Fresno charges TSMI fees to all new developments in the City to mitigate traffic impacts through the funding of traffic signal improvements that serve these new developments. The 2012 Fee Update Report adjusted the TSMI Fee Program after review of new or updated components including new traffic signals, protected left turn phasing, vehicle lanes and LOS standards, improvements, etc. Table 4-24 provides the TSMI impact fee as of July 1, 2022 for multi-family residential uses.
Table 4-24 Traffic Signal Mitigation Impact Fee for Multi-family Residential Uses Impact Fee Current
Multi-Family Residential / per Multi-Family Dwelling Unit $595.02
4.17.2 Impact Assessment
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less Than Significant Impact. Future development within the Project Area would be required to comply with all project-level requirements implemented by a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Although no development is currently proposed, future development would be required to submit improvement plans, including roadway improvements, for review and approval by the City Engineer to ensure improvements w ould be consistent with City standards. This would be verified through the building permit process.
Roadway Facilities
While the CEQA Guidelines no longer use motorist delay or LOS to measure transportation impacts, if a c ity has adopted an LOS standard as part of a program, plan, or policy addressing the circulation system , LOS remains relevant with respect to whether the project will conflict with that program, plan or policy. If the project may conflict with the program, plan, or policy, mitigation may be imposed to ensure consistency. As identified in the Environmental Setting, the City of Fresno has adopted several policies related to LOS.
According to Policy MT-2-i, the City of Fresno requires a traffic impact study (TIS) for development that generates more than 200 new peak hour vehicle trips in TIZ 1, TIZ 2, and TIZ 4 and a TIS for development that generates more than 100 new peak hour vehicle trips in TIZ 3. As shown in Figure 4-17, the Project Area covers all TIZs, including TIZ 1, TIZ 2, TIZ 3, and TIZ 4. Therefore, a TIS would be required for Project Area parcels in TIZ 1, TIZ 2, and TIZ 4 where projects are proposed that generate more than 200 new peak hour vehicle trips, and for projects that would generate more than 100 new peak hour vehicle trips in TIZ 3.
According to Policy MT-2-m, LOS F conditions can be accepted in Activity Centers and Bus Rapid Transit Corridors if “provisions are made to improve the overall system and/or promote non-vehicular transportation and transit as part of a development project or a City-initiated project.” The General Plan does not clearly delineate “Activity Centers,” but does show downtown mixed- use areas and the vicinity of Woodward Park , Blackstone Avenue, Kings Canyon Avenue, and Shaw Avenue corridors as Activity Centers in Figure IM-1, Priority Areas for Development Incentives .
Therefore, it is assumed that the Priority Areas for Development as identified in the General Plan are Activity Centers for the purposes of this analysis. Project Area parcels within the Priority Areas for Development Incentives are shown in
Figure 4-18.
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 171 The Project includes a Text Amendment that would allow new multi-family residential development on Office-zoned parcels, either ministerially or with a discretionary permit, and allow ministerial approval of multi-family residential development on parcels in multi -family zone districts that are within ½ mile of an existing bus stop. The Text Amendment would prohibit ministerial approval of new multi-family residential development on parcels within the Project Area that would trigger a TIS, unless a traffic study confirms no additional major off-site improvements are required and the project would not exceed established LOS thresholds identified in the General Plan . Any discretionary projects resulting from Project implementation could require a TIS and further environmental review pursuant to CEQA. For these reasons, impacts would be less than significant.
Pedestrian and Bicycle Facilities
Off-site improvements in accordance with the ATP and Complete Streets Policy would be verified and ensured through the Building Permit process. Provision of the pedestrian and bicycle facilities would be ensured through the Building Permit process. Therefore, the Project would be consistent with the General Plan (Policy MT-4-a, Policy MT-4-h) and ATP and thereby would not conflict with a program, plan, ordinance, or policy addressing bicycle and pedestrian facilities. Impacts would be less than significant.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 172
Figure 4-17 Traffic Impact Zones
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 173
Figure 4-18 Priority Areas for Development Incentives
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 174 b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less than Significant Impact. Per the City of Fresno VMT Thresholds, a significant impact may occur if the VMT per capita with implementation of the Project is equal to or less than the applicable threshold of significance. For residential uses, the significance threshold is if it exceeds the countywide household VMT per capita minus 13 percent. The residential VMT per capita for the City of Fresno, inclusive of the Project Area, is shown in Figure 4-19 using the Fresno County VMT Screening Tool. Areas in green indicate a low VMT area, while areas in orange or red exceed the countywide residential VMT per capita. Future development proposed within the Project Area could be eligible to screen out of further VMT analysis using the VMT Screening Tool , or by meeting screening criteria. The Text Amendment prohibits ministerial approval of projects that do not screen out using these criteria . Any discretionary projects resulting from Project implementation (prop osed projects that don’t screen out) would require further environmental review pursuant to CEQA. In addition to this, most of the Project Area is located along or near bus routes, meaning that future multi -family units will be served by transit, thereby potentially reducing daily trips and vehicle miles traveled. In addition, the text amendment requires projects of a certain size or that generate a certain number of trips, to construct pedestrian amenities. For these reasons, impacts would be less than significant.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 175
Figure 4-19 VMT per Capita
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 176 c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. Although no development is currently proposed, future development projects would be reviewed by the City to ensure that project design does not contain any geometric design features that would create hazards. Project s would also be subject to review by the Department of Public Works to ensure that improvements are designed pursuant to applicable federal, state, and local design standards. Compliance with such standards would ensure that any traffic hazards are minimized. Furthe r, the Project does not propose an incompatible use as it is consistent with the existing development in the area and is similar in nature to the surrounding uses. As a result, implementation of the Project would result in a less than significant impact re lated to hazards due to roadway design features or incompatible uses. d) Result in inadequate emergency access?
Less than Significant Impact . The Project is a Text Amendment and does not involve a change to any emergency response plan. In addition, although no development is currently proposed, future development projects would be reviewed by the City’s Department of Public Works and Fire Department to ensure adequate site access including emergency access. In the case that future construction requires lane closures, access through existing roadways would be maintained through standard traffic control and therefore, potential lane closures would not affect emergency evacuation plans. Thus, a less than significant impact would occur because of the Project.
4.17.3 Mitigation Measures
None Required.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 177
4.18 TRIBAL CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
Cause a substantial adverse change in the
significance of a tribal cultural resource, defined
in PRC section 21074 as either a site, feature,
place, cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred p lace, or object with cultural
value to a California Native American tribe, and
that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a
local register of historical resources as
defined in PRC section 5020.1(k), or,
X
b) A resource determined by the lead
agency, in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of PRC section 5024.1. In
applying the criteria set forth in
subdivision (c) of PRC secti on 5024.1, the
lead agency shall consider the significance
of the resource to a California Native
American tribe.
X
4.18.1 Environmental Setting
Pursuant to CEQA Guidelines Section 21074:
1) “Tribal Cultural Resources” are either of the following:
a. Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
i. Included or determined to be eligible for inclusion in the California Register of Historical Resources.
ii. Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1.
2) 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 Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024. 1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. 3) A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 178 4) A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a).
California Native American Heritage Commission (NAHC)
A consultation list of tribes with traditional lands or cultural places located within Fresno County was requested and received from the California Native American Heritage Commission (NAHC) on April 8, 2024. The listed tribes include Amah Mutsun Tribal Band, Big Sandy Rancheria of Western Mono Indians, Cold Springs Rancheria of Mono Indians of California, Dumna Wo -Wah Tribal Government, King’s River Choinumni Farm Tribe, Kitanemuk & Yowlumne Tejon Indians, Mono Lake Kutzadika Tribe, North Fork Mono Tribe, Northern Valley Yokut/Ohlone Tribe, Picayune Rancheria of the Chukchansi Indians, Santa Rosa Rancheria Tachi Yokut Tribe, Southern Sierra Miwuk Nation, Table Mountain Rancheria, Tule River Indian Tribe, and Wuksache Indian Tribe/Eshom Valley Band. The NAHC also conducted a Sacred Lands File (SLF) search which was positive.
AB 25 Tribal Consultation
In accordance with AB 52 (Chapter 532, Statutes 2014), the City of Fresno sent formal tribal consultation request letters by certified mail to the tribes listed above on April 5, 2024 and April 8, 2024. The City received one response.
The response was from the Santa Rosa Rancheria Tachi Yokut Tribe dated May 6, 2024. The responses stated, “due to the location of this project the tribe will be deferring to the more local tribes of the area.” The City did not receive responses from any other tribe.
4.18.2 Impact Assessment
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or Less than Significant Impact with Mitigation Incorporated . As discussed in Section 4.5 , impacts from future development within the Project Area could impact unknown historical resources. Impacts would be reduced to less than significant with implementation of MM CUL -1, MM CUL -2, MM CUL -3, and MM CUL -4. With mitigation incorporated impacts would be less than significant.
MM CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 179 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.
MM CUL -2: Prior to approval of any discretionary project that could result in an adverse change to a potential historic and/or cultural resource, the City shall require a site-specific evaluation of historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. The evaluation shall provide recommendations to mitigate potential impacts to historic and/or cultural resources and shall be approved by the Director of Planning and Development.
MM CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed.
• If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity 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 m easures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City -approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record fo rms 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 archaeo logical resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 180 MM 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 Her itage 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 Ame rican 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 descen dants all reasonable options regarding the descendants' preferences.
b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivisio n (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
Less than Significant Impact with Mitigation Incorporated . As discussed in Section 4.5, impacts from future development within the Project Area could impact unknown historical and archeological resources, including tribal cultural resources and human remains. Impacts would be reduced to less than significant with implementation of MM CUL -1, MM CUL -2, MM CUL -3, and MM CUL -4. With mitigation incorporated impacts would be less than significant.
4.18.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the cultural resources related mitigation measures as identified in this section, and in the
MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION
5. MM CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.
No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 181 a City-approved institution or person who is capable of providing long- term preservation to allow future scientific study.
MM CUL -2: Prior to approval of any discretionary project that could result in an adverse change to a potential historic and/or cultural resource, the City shall require a site-specific evaluation of historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. The evaluation shall provide recommendations to mitigate potential imp acts to historic and/or cultural resources and shall be approved by the Director of Planning and Development.
MM CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed.
• If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity 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 m easures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City -approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If prehistoric resources are found during the field survey or literature review, the resources s hall 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.
MM 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 Her itage
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November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 182 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.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 183
4.19 UTILITIES AND SERVICE SYSTEMS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded
water, wastewater treatment or storm
water drainage, electric power, natural
gas, or telecommunications facilities,
the construction or relocation of which
could cause significant envir onmental
effect?
X
b) Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development
during normal, dry and multiple dry
years?
X
c) Result in a determination by the
wastewater treatment provider, which
serves or may serve the project that it
has adequate capacity to serve the
project’s projected demand in addition
to the provider’s existing
commitments?
X
d) Generate solid waste in excess of state
or local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of
solid waste reduction goals?
X
e) Comply with federal, state, and local
management and reduction statutes
and regulations related to solid waste?
X
4.19.1 Environmental Setting
The Project Area is within City Limits and thus, will be required to connect to water, stormwater, and wastewater services pursuant to the FMC. Natural gas, electricity, and telecommunications are provided by private companies.
Each utility system is described below.
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 184 Water
The City currently receives potable water supply from groundwater and surface sources. The City’s 2020 UWMP analyzes current and future water demand in the city, considering water demand associated with future development projects and planning areas within the City’s Sphere of Influence through 2045. The water demand projections contained in the UWMP are based on the General Plan land use designations and population projections. The City has various capital improvement projects that are planned to maintain and upgrade the City’s existing water supply and distribution facilities to meet the existing and projected water demand. Water infrastructure is further addressed in the Fresno Metropolitan Water Resources Management Plan (Metro Plan).
Of note, the improvements listed in the Metro Pan were from the Phase 2 of the previous Metro Plan, which was published in 2011 before completion of the water metering effort. Based on the dramatic decrease in demands, the improvements were no longer needed by 2025 or General Plan Buildout. Additional leg islation by the State of California is pushing the City of Fresno (and other municipalities) to conserve even more. In light of those changes since the previous Metro Plan was developed, the DPU is re-evaluating the water system improvements needed.
Wastewater
The City of Fresno Wastewater Management Division (WMD) is responsible for the collection, conveyance, treatment, and reclamation of wastewater generated in the Fresno- Clovis metropolitan area. Wastewater treatment and disposal is handled through the City-operated Regional Sewer Agency for the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) North Fresno Wastewater Reclamation Facility (North Facility) via a wastewater collection system that consists of gravity sewer pipes, manholes, lift stations, junction structures, and force mains. New connection is subject to Sewer Connection Charges pursuant to Fresno Municipal Code Section 6-304 and 6-305.
The City’s long -term wastewater planning is addressed in the City’s Wastewater Collection System Master Plan (Master Plan) 2015 Update. The Master Plan indicates that at build out, which is General Plan build out, the City’s wastewater flows are expected to increase substantially. The Master Plan further states that because of this, there are some areas of the existing collection system that cannot convey the build out PWWF (Peak Wet Weather Flow) within the established q/Q ratio ( Peak Flow to Pipe Capacity Ratio). The Master Plan identifies, and outlines improvements needed, including pipelines and locations of new trunk sewers to serve future growth. According to the Master Plan, the proposed improvements are sized for General Plan buildout conditions. As the City continues to grow, the Master Plan recommends that the proposed pipeline diameters be constructed so that the facilities have sufficient capacity for buildout conditions.
Solid Waste
Residential solid waste in the C ity’s Department of Public Utilities (DPU) Solid Waste Management Division and commercial solid waste is collected by private contractors, Mid Valley Disposal and Republic Services. The City of Fresno disposes municipal solid waste at the American Avenue Landfill (SWIS Number 10 -AA-009). The American Avenue Landfill will continue operation until 2031. It currently has a remaining capacity of 17,459,683 cubic yards, and a maximum permit capacity of 32,700,000 cubic yards.50 The Fresno General Plan Public Utilities and Services
50 California Department of Resources Recycling and Recovery (2023). “SWIS Facility/Site Search.” Accessed on July 30, 2024, https://www2.calrecycle.ca.gov/SolidWaste/Site/Search
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CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 185 Element contains policies addressing waste collection and service in compliance with the California Integrated Waste Management Act of 1989 (AB 939), which requires each jurisdiction in California to divert at least 50% of its waste stream away from landfills either through waste reduction, recycling, or other means.
Stormwater
See Section 4.10.
Natural Gas and Electricity
PG&E, the natural gas and electric service provider for the area, incrementally expands and updates its service system as needed to serve its users.
Telecommunications
Accordingly, telecommunications providers in the area incrementally expand and update their service systems in response to usage and demand. Upon request for future development projects , the Project Area would be connected to existing broadband infrastructure and subject to applicable connection and service fees.
City of Fresno Proposed Text Amendment for Ministerial Approval The City of Fresno’s proposed Text Amendment for ministerial approval prohibits ministerial approval of projects that exceed development or impact thresholds. The following language would prohibit ministerial development of a project that exceed development or impact thresholds. Projects that exceed these thresholds would be required to obtain a Development Permit. The full text amendment is provided in Appendix E.
B. Exceptions.
2. Development or Impact Thresholds. A project site that is determined to require additional review or improvements based on a technical study or analysis required pursuant to any of the following, must obtain a Development Permit unless otherwise specified below.
h. It shall be determined that the proposed project can be accommodated within existing infrastructure by the Review Authority in consultation with the Directors of Public Works and Public Utilities. If major infrastructure improvements are required beyond what is contained in the conditions below in Section 15-1006-D-2 and E (i.e. a well, an off -site traffic signal, transmission mains beyond the project frontage, etc.) in order to accommodate the proposed development, a Discretionary Permit is required.
Additionally, the Text Amendment lays out utility infrastructure related standards and requirements ministerial development projects would be required to comply with. The following language would prohibit ministerial development of a project that would be unable to comply with these standards.
D. Infrastructure Requirements. The proposed design shall not lead to an overburdening of existing or planned infrastructure capacities, including, but not limited to, capacities for water, runoff, storm water, wastewater, and solid waste systems.
1. The project shall comply with the following standards to ensure it can be adequately served by City Public Utility Services:
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 186 a. Pipelines that are downstream (between the project site and wastewater treatment plant or lift station) from the proposed project shall maintain a sewer flow capacity of 1.15 q/Q ratio. Projects that result in a pipeline exceeding the flow capacity of 1.15 q/Q shall construct upsized replacement pipelines for those found to be deficient per the requirements of the Department of Public Utilities Director.
b. On-site retention or storm drainage system modifications are required for projects within Priority Development Areas and the O District that are: 1) proposed at a density exceeding 16 du/ac in CMS, CR, and NMX, 30 du/ac in CMX, and 45 du/ac in RMX and 2) within areas where storm drain facilities are already constructed. Projects proposed outside Priority Development Areas and O Districts shall comply with General Plan EIR mitigation measures related to stormwater. c. The City shall evaluate additional landfill locations at the time discretionary projects are submitted and shall not approve development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided.
d. For any project that would cause the existing water system pipelines in the surrounding area to not be able to meet maximum day demand plus the project required fire flow of 2,500 gallons per minute (gpm), the project developer shall construct upsized repl acement pipelines, per the requirements of the Department of Public Utilities Director, in the project vicinity to increase flow for the maximum day demand plus fire flow condition.
4.19.2 Impact Assessment
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant with Mitigation Incorporated. The Project Area is within City Limits and thus, would be required to connect to water, stormwater, solid waste, and wastewater services when development is proposed. Natural gas, electricity, and telecommunications are provided by private companies. Below is an analysis of each utility.
Water
Approximately 94.9% of sites within the Project Area are developed and occupied by a mix of existing urban uses; the remaining 5.1% of sites within the Project Area are undeveloped, vacant lands. Since a significant majority of parcels in the Project Area are in developed areas, a significant portion of the Project Area contains existing water facilities including booster pump stations, storage facilities, active wells, and water mains.
Although no development is proposed as part of the Project, future development resulting from Project implementation would be required by the City, or water purveyor (e.g., Bakman Water District, Pinedale County Water District, etc.), to connect to existin g facilities. This may require an extension or expansion of mains, new wells, or other improvements to be able to serve the development.
The Text Amendment would add a provision to the FMC that requires determination by the Reviewing Authority in consultation with the Directors of Public Works and Public Utilities as to whether the proposed design can be accommodated within existing infrastructure. If the design cannot be accommodated, then ministerial approval is
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 187 prohibited, and the project shall be subject to discretionary review and approval. Any discretionary projects resulting from Project implementation would require further environmental review pursuant to CEQA.
To further ensure that future projects resulting from Project implementation do not have a significant impact, the Project shall incorporate MM UTL-1, MM UTL -2, and MM UTL-3 as described below. Incorporation of mitigation would reduce impacts to less than significant. For these reasons, impacts would be less than significant.
MM UTL-1: The City shall evaluate the water conveyance system and, at the time that discretionary projects are submitted for approval by the City, the City shall not approve development that would demand additional water and exceed the capacity of a facility increase water demand beyond existing capacity until additional capacity is provided. Additional capacity may be provided via the construction of additional public water supply wells, 16- inch transmission grid mains, and/or other properly sized conveyance systems, as determined necessary by the Director of Public Utilities. The following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City by approximately 2025. • Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
• Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct 50.3 miles of regional water transmission mains ranging in size from 24 - i nch to 48-i nch, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct 95.9 miles of 16 -i nch transmission grid mains, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
Prior to initiating construction of any of the capacity improvement projects identified above, t he City shall conduct appropriate environmental analyses for each project to determine whether environmental impacts would occur.
MM UTL -2: The City shall evaluate the water conveyance system at the time discretionary projects are submitted and shall not approve development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City after approximately the year 2035 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the approved General Plan. • Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 1) within the northern part of the Southeast Development Area.
• Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 2) within the southern part of the southeast Development Area.
MM UTL-3: The City shall evaluate the water supply system at the time discretionary projects are submitted and shall not approve development that would demand additional water until additional capacity is
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 188 provided. By approximately the year 2025, the following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City. • Construct an approximately 30 mgd expansion of the existing northeast surface water treatment facility for a total capacity of 60 mgd, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
• Construct an approximately 20 mgd surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 25,000 AF/year recycled water facility as an expansion to the RWRF in accordance with the January 2014 City of Fresno Metropolitan Water Resources Management Plan. This improvement is required after the year 2025.
Wastewater
Approximately 94.9% of sites within the Project Area are developed and occupied by a mix of existing urban uses; the remaining 5.1% of sites within the Project Area are undeveloped, vacant lands. Since a significant majority of parcels in the Project Area are in developed areas, a significant portion of the Project Area contains existing wastewater facilities including sewer mains and conveyance pipes.
Although no development is proposed as part of the Project, future development resulting from Project implementation would be required by the City to connect to existing facilities pursuant to FMC Section 6-303. This may require an extension or expansion of mains or other improvements to be able to serve the development.
The Text Amendment would add a provision to the FMC that requires a determination by the Reviewing Authority in consultation with the Directors of Public Works and Public Utilities as to whether the proposed design can be accommodated within existing infrastructure. If the design cannot be accommodated, then ministerial approval is prohibited, and the project shall be subject to discretionary review and approval. In addition, the proposed Project (Text Amendment) includes the following language: “If major i nfrastructure improvements are required beyond what is contained in the conditions below in Section 15 -1006-D-2 and E (i.e. a well, an off -site traffic signal, transmission mains beyond the project frontage, etc.) in order to accommodate the proposed development, a Discretionary Permit is required.” Any discretionary projects resulting from Project implementation would require further environmental review pursuant to CEQA. To further ensure that future projects resulting from Project implementation do not have a significant impact, the Project shall incorporate MM UTL-24, MM UTL-5, and MM
UTL-6 as described below. Incorporation of mitigation would reduce impacts to less than significant. For these reasons, impacts would be less than significant. For these reasons, impacts would be less than significant.
MM UTL-24: The City shall evaluate the wastewater system at the time discretionary projects are submitted and shall not approve development that contributes wastewater to the wastewater treatment facility that could exceed capacity of the treatment facilities until additional capacity is provided. By approximately the year 2025, the City shall evaluate the potential environmental impacts and construct the following improvements.
• Construct an approximately 70 mgd expansion of the Regional Wastewater Treatment Facility prior to flows reaching 80 percent of rated capacity, and obtain revised waste discharge permits as the generation of wastewater is increased.
• Construct an approximately 0.49 mgd expansion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 189 MM UTL-5: The City shall evaluate the wastewater system at the time discretionary projects are submitted and shall not approve development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After approximately the year 2025, the City shall evaluate the potential environmental impacts of, and construct the following improvements. • Construct an approximately 24 mgd Wastewater Treatment Facility within the Southeast Development Area and obtain revised waste discharge permits as the generation of wastewater is increased.
• Construct an approximately 9.6 mgd expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased.
MM UTIL-36: Consistent with the Sewer System Management Plan, the City shall evaluate the wastewater collection system at the time discretionary projects are submitted, and shall not approve development that would generate additional wastewater and exceed the capacit y of a wastewater collection facility until additional capacity is provided.
Stormwater
Approximately 94.9% of sites within the Project Area are developed with existing structures and improvements and are surrounded by off-site improvements including curbs , gutters, sidewalks, and roadways. Therefore, future development would be within mostly developed areas with urban uses, resulting in runoff conditions that would be like current conditions of surrounding uses.
There are portions of the Project Area (i.e., approximately 5.1% of sites) that are undeveloped and pervious, including vacant lands. Implementation of the Project could result in future development of these undeveloped sites, which would add new impervious surfaces that could increase stormwater runoff.
Future development within the Project Area would be regulated by FMFCD’s SWQMP, approved grading and drainage plans, and General Plan policies and FMC requirements, subject to specific stormwater control requirements. Required compliance with the SWQMP would reduce impacts to less than significant.
Natural Gas, Electricity and Telecommunications
PG&E, the natural gas and electric service provider for the area, incrementally expands and updates its service system as needed to serve its users. Likewise, telecommunications providers in the area incrementally expand and update their service systems in response to usage and demand. Construction and operation of utility infrastructure in the Plan Area would be typical of such facilities, and there is no evidence to suggest that it would result in any additional significant effects not evaluated herein. To ensure that buildout under the proposed Project would result in expanded facilities beyond those already anticipated for the Project Area, the Project shall incorporate MM UTL- 47 as described below. With incorporation, impacts would be less than significant.
MM UTL -47: At the time discretionary projects are submitted, the City shall require project -specific environmental evaluations for the expansion or relocation of electric, natural gas, or telecommunication facilities be completed prior to project approval.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 190 Less than Significant Impact with Mitigation Incorporated . The City’s long -term water resource planning is addressed in the City’s 2020 UWMP. According to the UWMP, water demand in the city has decreased over the past two (2) decades and is expected to grow at a slower rate than the anticipated population growth. This trend is captured by the daily per capita water use, measured as gallons per c apita per day (GPCD). For 2020, water use averaged 198 GPCD based on 121,993 acre -feet (AF) of water production. O f note, this GPCD is below the 2020 daily per capita water use target of 247 GPCD, which the UWMP attributes to conservation efforts implemented by the City.
Regarding water supply availability, the City manages its surface water and groundwater supply by maximizing water for potable use and intentional recharge during wet and normal years and relies on groundwater during dry years. To optimize water supply reliability and resiliency, the City i s currently undergoing an update of its Metro Plan which will identify projects and programs. Generally, the City’s approach is to maximize local supplies and improve the storage of the groundwater basin through recharge, recycled water usage, and conservation.
The UWMP projects normal water year, single dry water year, and five- year consecutive drought period supplies based on historic water allocations, sustainable yields, and utilization of recycled water. Based on these projections, the UWMP found that groundwater supplies remain reliable in all hydrologic conditions, attributing the stability to intentional recharge. The projections also show that the City will have greater than 100,000 AF available supply in normal years after meeting demands. In a single dry year, surface water supplies will be reduced but the City would still be able to meet all potable demands. Lastly, for five-year consecutive drought periods, the City is projected to meet all demands with its existing supplies with reduced groundwater re charge in year three and four to accommodate reduced surface water allocations. Based on these projections, it can be inferred that future development, i.e., anticipated buildout of General Plan through 2045, will not negatively impact the City’s ability to provide water assuming adherence to requirements and recommendations from the City’s water resources planning efforts.
The Project includes a Text Amendment that would allow new multi-family residential development on Office-zoned parcels, either ministerially or with a discretionary permit, and allow ministerial approval of multi-family residential development on parcels in multi-family zone districts that are within ½ mile of an existing bus stop. Cumulatively, these text amendments could result in a reasonably foreseeable buildout of 22,425 units over the next 30 years. Of the approximately 22,425 units, approximately 4,868 units or 162 units per year (Office- to-Dwelling Conversions and New Residential Development on Office Parcels) account for additional capacity beyond what is currently permitted within the Fresno Municipal Code.
Potable water demands for the Office-to-Dwelling Conversions and New Residential Development on Office Parcels (i.e., 4,868 units) were estimated using land-use-based unit water demand factors last updated for the City in 2018, for use in the UWMP. The applicable water demand factors are shown in Table 4-25. The applicable General Plan
land use designation for the Office-to-Dwelling Conversions and New Residential Development on Office Parcels is the Employment – Office land use designation.
Although the Project would not result in a General Plan Amendment or change in land use designations, the Residential – Medium High and Residential – High Density land use designations were determined to be the most applicable to calculate potable water demands for the antici pated residential uses. As described in Section 2.9.1.
Environmental Analysis Assumptions, the assumptions for New Residential Development on Office Parcels applies a reasonable density within the High -Density Residential land use desig nation/RM-3 zone district. Office-to-
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 191 Dwelling Conversions utilize the Residential – Medium High land use designation since assumptions for existing office development would result in a residential density of approximately 22 du/ac after conversion.51 Table 4-25 Water Demand Factors by Land Use
Land Use Water Demand Factor
(Ac-Ft/Yr/Acre)
Residential
Residential – Medium High 4.89
Residential – High Density 6.51
Office
Office 2.65
Source: City of Fresno, 2018 Water Demand Factors
According to the UWMP, these factors were developed using 2018 metered consumption data matched to 72 categories of land use data, then applied to the 2020 land use acreage by category to develop the demand projection beginning in 2020. The demand factors were assumed to slowly reduce over time due to passive conservation, which includes the replacement of older water fixtures and appliances with more efficient types. The UWMP assumes that future residential units are 10% more water efficient due to changes in the plumbing code and increasing new water efficient technology.
As described in Section 2.9.1. Environmental Analysis Assumptions, the environmental analysis reasonably assumes that approximately 20% of existing gross floor area of office commercial use (2,692,008 square feet, or 61.8 acres) could be converted to 2,692 multi -family residential units and 20% of vacant parcels in the O zone district, or 64 acres) could be developed with 2,176 multi-family residential units over the next 30 years.
Table 4-26 summarizes the total water demands to be expected under existing conditions without the Project and for buildout under the Project, based on the environmental assumptions . As shown, buildout under existing conditions would utilize approximately 333.37-acre feet per year (AFY) compared to an estimated 718.84 AFY under buildout of the proposed Project . Buildout under the proposed Project would account for an approximately 1. 0 percent increase above the City’s 2020 water demand of 121,993 AFY per the UWMP. The minimal increase would not exceed available groundwater supplies during a normal year UWMP estimate of 136,504 AFY potable water supply. Therefore, the Project would be accommodated by existing groundwater supplies and impacts would be less than significant.
Table 4-26 Water Demand by Land Use for Existing Conditions versus Project Conditions Land Use Area (ac) Annual Average (Ac-Ft/Yr/Acre) Annual Average (AFY) Buildout under Existing Conditions (without Project)
Office (Existing) 61.8 2.65 163.77
Office (New) 64 2.65 169.60
Total 125.8 -- 333.37
Buildout under Project
51 For instance, a one (1)-acre parcel is assumed to be developed with an existing 21,780 square-foot office building (0.5 FAR).
Since it is assumed that multi -family units are 1,000 square- foot per unit, The 21,780 square -foot office can be converted to
21.78 units, which is approximately 21.78 du/ac.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 192 Residential – Medium High 61.8 4.89 302.20
Residential – High Density 64 6.51 416.64
Total 125.8 -- 718.84
Furthermore, adherence to connection requirements and recommendations pursuant to the City’s water conservation efforts (e.g., compliance with California Plumbing Code, efficient appliances, efficient landscaping, etc.) should not negatively impact water supply or impede water management. In particular, future residential development resulting from Project implementation would be required to be built accordance with all mandatory outdoor water use requirements as outlined in the applicable California Green Building Standards Code, Title 24, Part 11, Section 4.304 – Outdoor Water Use and verified through the building permit process. As multi -family residential development that would contain landscaping pursuant to FMC regulations, future development would be required to comply with the updated Model Water Efficient Landscape Ordinance (MWELO) (California Code of Regulations, Title 23, Chapter 2.7, Division 2), as implemented and enforced through the building permit process.
Therefore, through compliance, the potential for the Project to substantially decrease groundwater supplies is limited and impacts would be less than significant.
In addition, development of the Project site would increase impervious surfaces which could increase stormwater runoff and reduce groundwater recharge. According to FMFCD, rainfall and stormwater runoff in the Fresno area is collected and conveyed through a network of pipelines to 155 stormwater basins where it slowly percolates through the soil to the groundwater aquifer. As described in Section 4.10. Hydrology and Water Quality , runoff
from future development would be collected and stored in compliance with FMFCD’s Storm Drainage and Flood Control Master Plan in addition to approved grading and drainage plans. Therefore, potential for the Project to interfere substantially with groundwater recharge such that the Project would impede sustainable groundwater management of the basin is limited and impacts would be less than significant.
Overall, based on the information collected from the UWMP and the City of Fresno, the proposed Project would not generate significantly greater water demand than would otherwise occur with a higher intensity land use. As a result, it can be presumed that the existing and planned water distribution system and supplies should be adequate to serve buildout under the proposed Project, and the Project would thereby not decrease groundwater supplies, interfere substantially with groundwater recharge, or impede sustainable groundwater management of the basin.
In addition, adherence to connection requirements and recommendations pursuant to the City’s water supply planning efforts (i.e., compliance with California Plumbing Code, efficient appliances, efficient lands caping, etc.) should not negatively impact the City’s water provision. However, to further ensure that future projects resulting from Project implementation do not have a significant impact, the Project shall incorporate MM UTL-1, MM UTL-2,
and MM UTL-3 as described in criterion a). Incorporation of mitigation would reduce Impacts to less than significant.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 193 c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less than Significant Impact with Mitigation Incorporated. The City’s long-term wastewater planning is addressed in the City’s Wastewater Collection System Master Plan Update (Master Plan).52 Land use types are important to determine projected demand and adequate sizing and capacity for pipes and facilities to maintain effective sanitary sewer system facilities. The land use assumptions in the Master Plan were based on the General Plan and projected future development within the City’s proposed growth boundary. The Master Plan estimates the future quantity of wastewater generated at build out of the collections system. Wastewater flows associated with General Plan buildout are projected to be approximately 129.9 millions of gallons per day (mgd).
Although the Project would not result in a General Plan Amendment or change in land use designations, the Project would introduce residential uses to the Employment – Office land use designation/O zone district, which could generate additional wastewater beyond existing or planned conditions. As shown in Table 5.5 of the Master Plan, the Medium High Density residential land use type is projected to generate 2,800 gallons per day per acre (gpd/ac) and the High Density residential land use type is projected t o generate 4,000 gpd/ac, whereas the Office land use designation is projected to generate 1,000 gpd/ac.
Table 4 -27 summarizes the total wastewater flows for buildout under existing conditions without the Project compared to buildout under the Project. Buildout under the Project would represent an approximately 2.4% increase in wastewater flows compared to existing conditions.
Table 4-27 Wastewater Flows by Land Use for Existing Conditions versus Project Conditions Land Use Area (ac) Wastewater Flow Coefficient
(gpd/ac)
Daily Average (GPD)
Buildout under Existing Conditions (without Project)
Office (Existing) 61.8 1,000 61,800
Office (New) 64 1,000 64,000
Total 125.8 -- 125,800
Buildout under Project
Residential – Medium High 61.8 2,800 173,040
Residential – High Density 64 4,000 256,000
Total 125.8 -- 429,040
According to the Master Plan, the City of Fresno owns and operates two (2) wastewater treatment facilities. They are the Fresno/Clovis Regional Wastewater Reclamation Facility and the North Fresno Wastewater Reclamation Facility (RWRF). The RWRF currently has a capacity of 91.5 mgd. The North Facility has a capacity of 0.71 mgd. The continued implementation of the General Plan is projected to increase demand to require an expansion of the RWRF by 70 mgd to accommodate growth associated with implementation o f the approved General Plan. The General Plan includes Policies PU
-6
-a a
nd PU-6
-b,
Objective PU -7
and Policies PU -7
-a t
hrough PU-7
-f t
o reduce
52 City of Fresno (2015). Wastewater Collection System Master Plan Update. Accessed July 31, 2024, https://www.fresno.gov/publicutilities/plans-and-reports/#sewer-and-wastewater-management-plans
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 194 water quality impacts that may be associated with wastewater treatment operations and discharges. However, the existing wastewater treatment capacity at the RWRF and North Facility is not adequate to serve the future development anticipated under General Plan buildout. To mitigate impacts, expansion of these facilities is planned for 2025 or later, based on capacity levels. Therefore, to mitigate potential impacts from increased wastewater flows under buildout of the proposed Project, the Project shall incorporate MM UTL-2, MM UTL-5, and MM UTL-6 as described in criterion ab). Incorporation of mitigation would reduce impacts to less than significant. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact.
Construction
CALGreen mandates locally permitted new residential building construction and demolition to recycle and/or salvage for reuse a minimum 65% of the nonhazardous construction and demolition debris generated during a project. Further, the recycling of construction and demolition materials is required for any City -issued building or demolition permit that generates at least eight (8) cubic yards of material by volume. Therefore, future development resulting from Project implementation would be required to implement techniques to reduce and recycle waste during construction activities in accordance with mandatory requirements under CALGreen as implemented through the building permit process. Compliance would be ensured through the building permit process. Therefore, through compliance, solid waste generated through construction activities is not anticipated to generate solid waste in excess of state or local standards, in excess of the capacity of the local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Therefore, impacts would be less than significant.
Operations
As previously discussed, the Project could result in additional residential capacity of approximately 4,868 units (Office-to-Dwelling Conversions and New Residential Development on Office Parcels). This assumption accounts for approximately 20% (or 2,692,008 square feet) of existing floor area of office commercial use and 20% of vacant parcels (approximately 1,393,920 square feet of potential office space with 0.5 FAR) in the O zone district to be converted (2,692 units at buildout) or developed (2,176 units at buildout) with multi-family residential uses over the next 30 years (see Section 2.9.1. Environmental Analysis Assumptions).
A typical solid waste generation rate is approximately 6 lbs/1,000 square feet per day for commercial/office/public facility uses and 7 lbs/unit/day for multi-family residential uses. Table 4-28 summarizes the total estimated waste generation for buildout under existing conditions without the Project compared to buildout under the Project.
Buildout under the Project would represent an increase in solid waste generation compared to existing conditions, which could be potentially significant if the solid waste generated is more than the capacity of local infrastructure or would otherwise impair the attainment of solid waste reduction goals of the City of Fresno.
Table 4-28 Estimated Waste Generation for Existing Conditions versus Project Conditions Land Use Area
Solid Waste
Generation Rate
Per Day
Total Lbs per Day
Buildout under Existing Conditions (without Project)
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 195 Office 4,085,928 sf. 6 lbs/1,000 square feet 24,515
Buildout under Project
Multi-Family Residential 4,868 units 7 lbs/unit 34,076
With an expected closure of American Avenue Landfill in 2031, the landfill would not be available through buildout of the General Plan or under the proposed Project. The City of Fresno is implementing diversion programs with goals to reach Zero Waste by 2025 and reduce landfill contributions in accordance with applicable regulations including AB 341, SB 1374, AB 1826, and SB 1383. As new multi-family development, future development resulting from Project implementation would be subject to AB 341, the state’s mandatory commercial recycling law, and AB 827, the state’s customer access to recycling law. AB 341 requires all businesses that generate four cubic yards or more of solid waste per week and multi-family properties with five or more units to arrange for recycling services.
AB 827 requires recy cling and organics recycling containers at the “front-of- house” to collect waste generated.
These containers are required to be placed adjacent to trash containers and be visible, easily accessible, and clearly marked. Compliance would be ensured through the building permit process. In addition, the Text Amendment would add a provision to the FMC that requires the City to evaluate additional landfill locations at the time discretionary projects are submitted and shall not approve development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Compliance would be verified through the entitlement review process. Overall, required compliance with applicable regulations and the City’s evaluation of landfills and capacity would reduce impacts to less than significant. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impact. As described under criterion d), Project construction and operational activities that generate solid waste would be handled, transported, and disposed of in accordance with AB 939 and CALGreen regulations related to solid waste. Therefore, through compliance, the Project would comply with laws and regulations that would ensure impacts related to solid waste are reduced to less than significant levels.
4.19.3 Mitigation Measures
The Project shall implement and incorporate, as applicable, the utilities related mitigation measures as identified in this section, and in the
MITIGATION MONITORING AND REPORTING PROGRAM contained in SECTION 5.
MM UTL-1: The City shall evaluate the water conveyance system and, at the time that discretionary projects are submitted for approval by the City, the City shall not approve development that would demand additional water and exceed the capacity of a facility increase water demand beyond existing capacity until additional capacity is provided. Additional capacity may be provided via the construction of additional public water supply wells, 16- inch transmission grid mains, and/or other properly sized conveyance systems, as determined necessary by the Director of Public Utilities. The following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City by approximately 2025. • Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
• Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 196 Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct 50.3 miles of regional water transmission mains ranging in size from 24 - i nch to 48-i nch, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct 95.9 miles of 16 -i nch transmission grid mains, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
Prior to initiating construction of any of the capacity improvement projects identified above, the City shall conduct appropriate environmental analyses for each project to determine whether environmental impacts would occur.
MM UTL -2: The City shall evaluate the water conveyance system at the time discretionary projects are submitted and shall not approve development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City after approximately the year 2035 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the approved General Plan. • Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 1) within the northern part of the Southeast Development Area.
• Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 2) within the southern part of the southeast Development Area.
MM UTL-3: The City shall evaluate the water supply system at the time discretionary projects are submitted and shall not approve development that would demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City. • Construct an approximately 30 mgd expansion of the existing northeast surface water treatment facility for a total capacity of 60 mgd, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
• Construct an approximately 20 mgd surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 25,000 AF/year recycled water facility as an expansion to the RWRF in accordance with the January 2014 City of Fresno Metropolitan Water Resources Management Plan. This improvement is required after the year 2025.
MM UTL-24: The City shall evaluate the wastewater system at the time discretionary projects are submitted and shall not approve development that contributes wastewater to the wastewater treatment facility that could exceed capacity of the treatment facilities until additional capacity is provided. By approximately the year 2025, the City shall evaluate the potential environmental impacts and construct the following improvements.
• Construct an approximately 70 mgd expansion of the Regional Wastewater Treatment Facility prior to flows reaching 80 percent of rated capacity, and obtain revised waste discharge permits as the generation of wastewater is increased.
• Construct an approximately 0.49 mgd expansion of the North Facility and obtain revised waste
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 197 discharge permits as the generation of wastewater is increased.
MM UTL-5: The City shall evaluate the wastewater system at the time discretionary projects are submitted and shall not approve development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After approximately the year 2025, the City shall evaluate the potential environmental impacts of, and construct the following improvements. • Construct an approximately 24 mgd Wastewater Treatment Facility within the Southeast Development Area and obtain revised waste discharge permits as the generation of wastewater is increased.
• Construct an approximately 9.6 mgd expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased.
MM UTIL-36: Consistent with the Sewer System Management Plan, the City shall evaluate the wastewater collection system at the time discretionary projects are submitted, and shall not approve development that would generate additional wastewater and exceed the capacit y of a facility until additional capacity is provided.
MM UTL -47: At the time discretionary projects are submitted, the City shall require project -specific environmental evaluations for the expansion or relocation of electric, natural gas, or telecommunication facilities be completed prior to project approval.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 198
4.20 WILDFIRE
If located in or near state responsibility or
lands classified as very high fire hazard
severity zones, Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Substantially impair an adopted
emergency response plan or
emergency evacuation plan?
X
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire
risks, and thereby expose project
occupants to pollutant concentrations
from a wildfire or the uncontrolled
spread of a wildfire?
X
c) Require the installation or
maintenance of associated
infrastructure (such as roads, fuel
breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result
in temporary or ongoing impacts to
the environment?
X
d) Expose people or structures to
significant risks, including downslope
or downstream flooding or landslides,
as a result of runoff, post -
fire slope
instability, or drainage changes?
X
4.20.1 Environmental Setting
In general, Fresno is categorized as having little or no threat or moderate fire hazard, which can be attributed to its impervious and paved surface areas. The area along the San Joaquin River Bluff is an exception, as it is prone to wildfires due to steep terrain and native vegetation. The Project Area comprises relatively flat properties within the City Limits in areas that are planned for and/or developed with urbanized uses. Three (3) parcels within the Project Area are within 300 feet of the San Joaquin River Bluff area. Two (2) of the parcels are developed and one (1) is currently vacant with ruderal vegetation. In addition, Fresno (inclusive of the Project Area) is identified by the California Department of Forestry and Fire Protection (Cal Fire) as an “area of local responsibility” with low fire risk.
53 Thus, the city is not located in a wildland or “Very High Fire Hazard Severity Zone.”
53 Cal Fire, “FHSZ Viewer.” Accessed on June 4, 2024,
https://experience.arcgis.com/experience/03beab8511814e79a0e4eabf0d3e7247/
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 199
4.20.2 Impact Assessment
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact. The City of Fresno’s Emergency Operations Plan describes City actions during a response to an emergency, including coordination between the City and other local, state, and federal agencies.
The lead departments for local emergency response efforts are the Fresno Police Department and Fresno Fire Department. Implementation of the Project would result in Zoning Ordinance Text Amendments that could facilitate future development within the Project Area. When proposed, future development within the Project Area would be reviewed to ensure that they do not impair infrastructure associated with evacuation, emergency response, and emergency access routes within the City or County. Construction of off -site improvements may require lane closures; however, these activities would be short-term and access through existing roadways would be maintained through standard traffic control plans. Furthermore, future development would be subject to compliance with applicable standards for on-site emergency access including turn radius and fire access. In addition, future development would not impede the implementation of General Plan objective NS-6 policies NS-6-a to NS-6- g (See Environmental Setting of
Section 4.9. Hazards and Hazardous Materials ). Therefore, th rough the development review process and General Plan compliance, the P roject would not impair an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Less than Significant Impact. The Project Area is located in a relatively flat area with minimal slope (Section 4.7) that is developed with a mix of urban uses and is not located within a wildland, which precludes the risk of wildfire. As such, the risk of downslope winds and other factors that could exacerbate wildfire risks is limited. For these reasons, Project implementation would not change the degree of exposure to wildfires , and the Project would have a less than significant impact.
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
Less than Significant Impact. The Project Area is located within City Limits in areas with existing or planned urban uses. As such, the sites within the Project Area are generally infill sites that are served by existing infrastructure such as roads and utilities. As Project implementation results in future development of these sites, the installation and maintenance of new infrastructure would be reviewed and/or conditioned by the City of Fresno for compliance with applicable standards, specifications, and code. Such infrastructure would be typical for urban uses within urbanized areas and would thereby not exacerbate fire risk s or result in temporary or ongoing impacts to the environment. Therefore, a less than significant impact would occur as a result of the Project. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Less than Significant Impact. As described in Section 4.7, the Project Area is not subject to flooding or landslides.
Impacts to drainage patterns are addressed in Section 4.10 . Based on these analyses, the Project Area is not susceptible to downslope or downstream flooding or landslides. Further, as described above, the Project Area is
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 200 not located within or near wildlands or within a Very High Fire Hazard Severity Zone. Therefore, the Project would not expose people or structures to significant risks and impacts would be less than significant.
4.20.3 Mitigation Measures
None Required.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 201
4.21 MANDATORY FINDINGS OF SIGNIFICANCE
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Does the project have the potential to
degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self -sustaining levels,
threaten to eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
X
b) Does the project have impacts that
are individually limited, but
cumulatively considerable?
("Cumulatively considerable" means
that the incremental effects of a
project are considerable when viewed
in connection with the effects of past
projects, the effec ts of other current
projects, and the effects of probable
future projects)?
X
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
X
4.21.1 Impact Assessment
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory?
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 202 Less than Significant Impact with Mitigation Incorporated. The analyses of environmental issues contained in this Initial Study indicate that the Project would have potentially significant impacts resulting from the proposed Project.
Standard requirements that will be implemented through the entitlement process and the attached mitigation monitoring and reporting program have been incorporated in the project to reduce all potentially significant impacts to less than significant. Mitigation measures, including MM AIR-1, BIO-1, BIO-2, BIO-3, BIO-4, BIO-5, BIO-6, BIO-7, BIO-8, BIO-9, CUL-1, CUL-2, CUL-3, CUL4, GEO -1, HAZ-1, HAZ-2, NOI-1, UTL-1, UTL-2, UTL-3, UTL-4, UTL-5, UTL-6, UTL -7 are incorporated herein to reduce all potentially significant impacts to less than significant with mitigation incorporated. Therefore, the Project would have a less than significant impact. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effec ts of other current projects, and the effects of probable future projects.)
Less than Significant Impact with Mitigation Incorporated . CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative e ffects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. Due to the nature of the project and consist ency with environmental policies, incremental contributions to impacts are considered less than cumulatively considerable. The Project would not contribute substantially to adverse cumulative conditions, or create any substantial indirect impacts (i.e., in crease in population could lead to an increased need for housing, increase in traffic, air pollutants, etc.). The proposed Project (Text Amendment) was funded by a LEAP grant for the purpose of providing additional opportunities for housing and mixed- use development, in line with the goals contained in the General Plan and Housing Element. This indicates that the anticipated growth and impacts from the proposed Project is compliant and previously analyzed within the General Plan and Housing Element. In addition, no development is proposed or mandated as part of the Text Amendment, and there is no guarantee of future development or the timing of when that development could happen. As such, Project impacts are not considered to be cumulatively considerable giv en the insignificance of project-induced impacts. Standard requirements that will be implemented through the entitlement process and the attached mitigation monitoring and reporting program have been incorporated in the project to reduce all potentially significant impacts to less than significant. Mitigation measures, including MM AIR-1, BIO-1, BIO-2, BIO- 3, BIO-4, BIO-5, BIO-6, BIO-7, BIO-8, BIO-9, CUL-1, CUL-2, CUL-3, CUL4, GEO-1, HAZ-1, HAZ-2, NOI-1, UTL-1, UTL-2, UTL-3, UTL-4, UTL-5, UTL-6, UTL-7 are incorporated herein to reduce all potentially significant impacts to less than significant with mitigation incorporated. The impact is therefore less than significant. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact with Mitigation Incorporated. The analyses of environmental issues contained in this Initial Study indicate that the project is not expected to have substantial impact on human beings, either directly or indirectly. Standard requirements that will be implemented through the entitlement process and the attached mitigation monitoring and reporting program have been incorporated in the project to reduce all potentially significant impacts to less than significant. Mitigation measur es, including MM AIR -1, BIO-1, BIO-2, BIO-3, BIO-4, BIO-5, BIO-6, BIO-7, BIO-8, BIO-9, CUL-1, CUL-2, CUL-3, CUL4, GEO- 1, HAZ-1, HAZ-2, NOI-1, UTL-1, UTL-2, UTL-3,
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 203 UTL-4, UTL -5, UTL -6, UTL -7 are incorporated herein to reduce all potentially significant impacts to less than significant with mitigation incorporated. Therefore, the Project would have a less than significant impact.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 204 5 MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MONITORING AND REPORTING PROGRAM
For Development Code Text Amendment Application No. P24-00794 November 2024
This mitigation measure monitoring and reporting checklist was prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the Public Resources Code (PRC). The timing of implementing each mitigation measure is identified in the checklist, as well as the entity responsible for verifying that the mitigation measures applied to a Project are performed. Project applicants are responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Fresno is responsible for verifying that mitigation is performed/completed.
Mitigation Measures Timing of Verification Responsible for Verification
Verification of Completion
Date Initials
Aesthetics
AES-1: Lighting for Street and Parking Areas. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences.
Lighting systems to be
confirmed during plan
check, prior to
issuance of building
permits
Public Works
Department (PW)
and Planning and
Development
Department
AES-2: Signage Lighting. Lighting systems for freestanding signs shall not exceed 100 foot-Lamberts (FT-L
) when adjacent to streets which have an average light
intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT -L
when adjacent to streets which have an average light intensity of 2.0 horizontal footcandles or greater.
Lighting systems to be
confirmed during plan
check, prior to
issuance of building
permits
Public Works
Department (PW)
and Planning and
Development
Department
AES-3: Use of Non-Reflective Materials. Materials used on building facades shall be non-r
eflective.
Lighting systems to be
confirmed during plan
check, prior to
issuance of building
permits
Public Works
Department (PW)
and Planning and
Development
Department
Air Quality
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 205 AIR-1: If a residential development project is proposed within the recommended buffer distances identified in the most current version of the CARB Air Quality and Land Use Handbook: A Community Health Perspective (CARB Handbook), the project shall submit a Health Risk Assessment (HRA) to the City. If the HRA shows that the project would exceed the applicable SJVAPCD thresholds, mitigation measures capable of reducing potential impacts to an acceptable level, such as provide enhanced filtration, must be iden tified and approved by the City.
HRA to be completed
during environmental
review and prior to
approval of project.
Project-specific
mitigation shall be
incorporated into
project plans for
approval prior to
issuance of any
grading or
construction permits.
Planning and
Development
Department
Biological Resources
BIO-1: Construction of a proposed proj ect shall avoid, where possible, vegetation communities that provide suitable habitat for a special-s tatus species known to occur within the Project Area. If construction within potentially suitable habitat must occur, the presence/absence of any special-st atus 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 is determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible.
Specific mitigation measures for direct or incidental impacts to special- status species shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation.
Biological Resources
Assessment to be
completed during
environmental review
and prior to approval
of discretionary
project. The City shall
ensure that project-
specific mitigation is
incorporated into
project plans for
approval prior to
issuance of any
grading or
construction permits.
Planning and
Development
Department
BIO-2: Direct or incidental take of any state or federally listed species shall be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources age
ncies and/or additional permitting may be required. Agency consultation through the CDFW 2081 and USFWS Section 7 or Section 10 permitting processes shall take place prior to any action that may result in the Biological Resources
Assessment to be
completed during
environmental review
of project and prior to
approval of
Planning and
Development
Department,
California
Department of Fish
and Wildlife
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 206 direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to special- status species shall be determined on a case-by-case basis through agency consultation during the review process for discretionary proje cts and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. discretionary project.
The City shall ensure
that environmental
review and agency
consultation is
completed prior to
issuance of any
grading or
construction permits.
Specifications
regarding timing of
surveys shall be
determined by
project-specific
mitigation measures.
(CDFW), U.S. Fish
and Wildlife Service
(USFWS)
BIO-3: Development within the Planning Area shall 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 shall consist of preserving on -site habitat, restoring similar habitat or purchasing off -site credits fro m an approved mitigation bank.
Compensatory mitigation shall be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio shall be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed-upon mitigation ratios shall dep
end on the quality of the habitat and
presence/absence of a special- status species. Specific mitigation measures for direct or incidental impacts to special- status natural communities and vegetation communities shall be determined on a case- by-case basis through agency consultation during the review process for discretionary projects and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation.
Biological Resources
Assessment to be
completed during
environmental review
of project and prior to
approval of
discretionary project.
The City shall ensure
that any required
compensatory
mitigation is
determined prior to
project approval.
Planning and
Development
Department, CDFW
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 207 BIO-4: Proposed pro jects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey shall be conducted by a qualified biologist to determine if any nesting birds or nesting activity is observed on or wit hin 500-feet of a project site. If an active nest is observed during the survey, a biological monitor shall be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer shall be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Prior to commencement of grading activities and issuance of any building permits, the Director of the City of Fresno Planning and Development Department, or designee, shall verify that all proposed project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Section 3503, that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field. Specific mitigation measu res for direct or incidental impacts to avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA) shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation.
Biological Resources
Assessment to be
completed during
environmental review
of project and prior to
approval of
discretionary project.
The City shall ensure
that pre-construction
surveys are conducted
within 3 days prior to
construction activities,
or within a timeframe
recommended by a
qualified biologist and
consistent with
applicable regulatory
requirements and/or
recommendations.
Planning and
Development
Department, CDFW
BIO-5: A pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in the removal or impact to any riparian habitat and/or a special- status natural community with potential to occur in the Planning Area, compensatory habitat-based mitigation shall 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 shall be determined through consultation with the Pre-construction
clearance survey to be
completed during
environmental review
of project and prior to
approval of
discretionary project.
The City shall ensure
that any required
compensatory
Planning and
Development
Department,
CDFW, USFWS
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 208 appropriate agency (i.e., CDFW or USFWS) on a case -by-case basis. The project applicant/developer for a proposed project shall develop and implement appropriate mitigation regarding impacts on their respective jurisdictions. mitigation is
determined prior to
project approval.
BIO-6: A pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. The project applicant/developer for a proposed project shall consult with partner agencies such as CDFW and/or USACE to develop and implement appropriate mitigation regarding impacts on their respective jurisdictions, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway. The project applicant/developer shall implement mitigation as directed by the ag ency with jurisdiction over the particular impact identified.
Pre-construction
clearance survey to be
completed during
environmental review
of project and prior to
approval of
discretionary project.
The City shall ensure
that project-specific
mitigation is
incorporated into
project plans prior to
project approval.
Planning and
Development
Department, CDFW
BIO-7: Prior to project approval, a pre -construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in project-related impacts to riparian habitat or a special- status natural community or if it may result in direct or incidental impacts to special- status species associated with riparian or wetland habitats.
The project applicant/developer for a proposed project shall be obligated to address project -specific impacts to s
pecial-status species associated with
riparian habitat through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special- status species, as determined by the CDFW and/or USFWS.
Pre-construction
clearance survey to be
completed during
environmental review
of project and prior to
approval of
discretionary project.
The City shall ensure
that project-specific
mitigation is
incorporated into
project plans prior to
project approval.
Planning and
Development
Department, CDFW
BIO-8: 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 Wetland delineation
to be completed
during environmental
review of project and
prior to approval of
Planning and
Development
Department, CDFW
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 209 impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of a wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Project Area. Appropriate wetland mitigation/creation shall be implemented in a ratio according to the size of the impacted wetland.
discretionary project.
The City shall ensure
that project-specific
mitigation is
incorporated into
project plans prior to
project approval.
BIO-9: 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
-r
elated impacts to wetland habitat are minimized to the greatest extent feasible.
Biological Resources
Assessment to be
completed during
environmental review
of project and prior to
approval of
discretionary project.
The City shall ensure
that project-specific
BMPs are
incorporated into
project plans prior to
issuance of any
grading or
construction permits.
Planning and
Development
Department, CDFW
Cultural Resources
CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation o f the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance.
If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for Planning and
Development
Department to review
contract specifications
to ensure inclusion of
provisions included in
project-specific
mitigation measure.
Following discovery of
previously unknown
resource, a qualified
Planning and
Development
Department
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 210 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 mitigati on shall be provided to a City -approved institution or person who is capable of providing long-term preservation to allow future scientific study.
historical resources
specialist shall prepare
recommendations and
submit to the Planning
and Development
Department. Timing
for recommendations
shall be established by
project-specific
mitigation measure.
CUL-2: Prior to approval of any discretionary project that could result in an adverse change to a potential historic and/or cultural resource, the City shall require a site -specific evaluation of historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. The evaluation shall provide recommendations to mitigate potential impacts to historic and/or cultural resources and shall be approved by the Director of Planning and Development.
Cultural resources
study to be completed
during environmental
review and prior to
approval of
discretionary project.
The City shall ensure
that project-specific
mitigation is
incorporated into
project plans prior to
project approval.
Planning and
Development
Department
CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeolo gical 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 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 m easures that shall be implemented to protect the discovered resources, including Cultural resources
study to be completed
during environmental
review and prior to
approval of
discretionary project.
The City shall ensure
that project-specific
mitigation is
incorporated into
project plans prior to
project approval.
Planning and
Development
Department
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 211 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. App ropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City - approved institution or person who is capable of providing long -term preservation to allow future scientific study.
• If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the 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 abov e for the
discovery of unknown resources shall be followed.
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 Herita ge Commission (NAHC). The Planning and
Development
Department to review
construction
specifications to
ensure inclusion of
Planning and
Development
Department
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 212 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.
provisions included in
mitigation measure.
Geology and Soils
GEO-1: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed:
• If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that unique
paleontological/geological resources are discovered during ex cavation 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 recommende
d to the Lead Agency.
Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City - City shall review
preliminary grading
plans prior to issuance
of grading permits. If
needed, a field survey
or literature review
shall occur prior to
start of grading
activities. Additional
monitoring of project
site during
construction period
shall be determined by
a qualified
paleontologist and
consistent with
project-specific
mitigation measure.
Planning and
Development
Department
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 213 approved institution or person who is capable of pro viding 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 qualifi
ed 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.
Hazards and Hazardous Materials
HAZ-1: Prior to the issuance of a grading permit, project applicants for all future development projects within the Project Area that 1) would involve ground - disturbing activities that would expose soils and/or 2) result in the demolition or modification of buildings constructed prior to 1978 shall complete a Phase I ESA (performed in accordance with the current ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process [E 1527]) for each individual property pri or to development or redevelopment to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Condition (HRECs), and Potential Environmental Concerns (PECs). The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for follow -up investigation, including Phase II ESA, site characterization, and/or remedial activities if found to be warranted. Regulatory concurrence shall be provided by a State of Californ ia environmental regulatory agency such as California Department of Toxic Substances Control, Regional Water Quality Control Board, Fresno County Environmental Health Department, or a local agency that meets the requirements of Assembly Bill AB 304. Concurrence shall indicate the site is safe for construction and the proposed use.
Prior to the issuance
of a grading permit.
Planning and
Development
Department
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 214 HAZ-2: In order to minimize the potential of introducing contaminated fill material onto a site, it is necessary to verify through documentation that the fill source is appropriate and/or to have the fill material analyzed for potential contaminants based on the location and history of the source area. Fill documentation shall include detailed information on the previous use of the land from where the fill is taken, whether an environmental site assessment was performed and its findings, and the results of any testing performed. Any such documentation must be signed by an appropriately licensed (CA -registered) individual. If such documentation is not available or is inadequate, samples of the fill material should be chemically analyzed. Analysis of the fill material should be based on the source of the fill and knowledge of the prior land use. Detectable amounts of compounds of concern within the fill material should be evaluated for risk in accordance with the Department of Toxic Substances Control Preliminary Endangerment Assessment (PEA) Guidance Manual, in addition to Regional Water Quality Control Board guidelines for reuse of non -hazardous petroleum hydrocarbon contaminated soil. If metal analyses are performed, only those metals (CAM 17 / Title 22) to which risk levels have been assigned need to be evaluated. The findings and conclusions of the documentation and analysis shall become the basis for potential recommendations for follow -up investigation, including Phase I ESA, II ESA, site characterization, and/or remedial activities if found to be warranted. Regulatory concurrence shall be provided by a State of California environmental regulatory agency such as California Department of Toxic Substances Control, Regional Water Quality Control Board, Fresno County Environmental Health Department, or a local agency that meets the requirements of Assembly Bill AB 304. Concurrence shall indicate the site is safe for construction and the proposed use.
Fill documentation to
be provided prior to
the issuance of a
grading permit.
Planning and
Development
Department
Hydrology and Water Quality
HYD-1: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP collection systems:
• As development is proposed, implement current SDFCMP to provide stormwater collection systems that have sufficient capacity to convey the peak runoff rates from the areas of increased imperviousness. • Require developments that increase site imperviousness to install, operate, and maintain FMFCD approved on
-s
ite detention systems to reduce the
Ongoing. City and
partnering agencies to
ensure plans are
approved consistent
with existing
Memorandum of
Understanding prior to
exceedance of
Fresno
Metropolitan Flood
Control District
(FMFCD), Planning
and Development
Department, and
PW
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 215 peak runoff rates resulting from the increased imperviousness to the peak runoff rates that will not exceed the capacity of the existing stormwater collection systems.
capacity of existing
stormwater drainage
facilities.
HYD-2: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP retention basins: Prior to approval of development projects, coordinate with FMFCD to analyze the impacts to existing and planned retention basins to determine remedial measures required to reduce the impact on retention basin capacity to less than significant. Remedial measures would include:
• Increase the size of the retention basin through the purchase of more land or deepening the basin or a combination for planned retention basins. • Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce runoff volume to the runoff volume that will not exceed the capacity of the existing retention basins.
Ongoing. City and
partnering agencies to
ensure plans are
approved consistent
with existing
Memorandum of
Understanding prior to
exceedance of
capacity of existing
retention basin
facilities.
FMFCD, Planning
and Development
Department, and
PW
HYD-3: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP urban detention (stormwater quality) basins:
• Prior to approval of development projects, coordinate with FMFCD to determine the impacts to the urban detention basin weir overflow rates and determine remedial measures required to reduce the impact on the detention basin capacity to less than significant. Remedial measures would include:
• Modify overflow weir to maintain the suspended solids removal rates adopted by the FMFCD Board of Directors.
• Increase the size of the urban detention basin to increase residence time by purchasing more land. The existing detention basins are already at the adopted design depth.
• Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce peak runoff rates and runoff volume to the runoff rates and volumes that will not exceed the weir overflow rates of the existing urban detention basins.
Ongoing. City and
partnering agencies to
ensure plans are
approved consistent
with existing
Memorandum of
Understanding prior to
exceedance of
capacity of existing
urban detention basin
(stormwater quality)
facilities.
FMFCD, Planning
and Development
Department, and
PW
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 216 HYD-4: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP pump disposal systems:
• Prior to approval of development projects, coordinate with FMFCD to determine the extent and degree to which the capacity of the existing pump system will be exceeded.
• Require new developments to install, operate, and maintain on -site detention facilities, consistent with FMFCD design standards, to reduce peak stormwater runoff rates to existing planned peak runoff rates. • Provide additional pump system capacity to maximum allowed by existing permitting to increase the capacity to match or exceed the peak runoff rates determined by the SDFCMP.
Ongoing. City and
partnering agencies to
ensure storm drainage
plans are approved
consistent with
existing Memorandum
of Understanding prior
to exceedance of
capacity of existing
pump disposal
systems.
FMFCD, Planning
and Development
Department, and
PW
Noise
NOI-1: Construction Vibration. The use of heavy construction equipment, such as vibratory rollers, within 25 feet of existing fragile and extremely fragile buildings shall be prohibited.
Prior to issuance of
any grading or
construction permits,
the Planning and
Development
Department shall
ensure that project
construction
specifications prohibit
heavy construction
within 25 feet of
existing structures.
Planning and
Development
Department
Tribal Cultural Resources
See Cultural Resources.
Utilities and Service Systems
UTL-1: The City shall evaluate the water conveyance system and, at the time that discretionary projects are submitted for approval by the City, the City shall not approve development that would demand additional water and exceed the capacity of a facility increase water demand beyond existing capacity until additional capacity is provided . Additional capacity may be City to ensure that
sufficient capacity
exists within the
existing water
conveyance facilities
Planning and
Development
Department
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
November 2024
CITY OF FRESNO – Development Code Text Amendment Application No. P24-00794 | 217 provided via the construction of additional public water supply wells, 16-inch transmission grid mains, and/or other properly sized conveyance systems, as determined necessary by the Director of Public Utilities. The following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City by approximately 2025. • Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
• Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Chestnut Avenues, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
• Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
• Construct 50.3 miles of regional water transmission mains ranging in size from 24 - i nch to 48 -i nch, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct 95.9 miles of 16- inch transmission grid mains, in accordance with Chapter 9 and Figure 9- 1 of the 2014 Metro Plan Update.
Prior to initiating construction of any of the capacity improvement projects identified above, the City shall conduct appropriate environmental analyses for each project to determine whether environmental impacts would occur. prior to approving
discretionary projects.
UTL-2: The City shall evaluate the water conveyance system at the time discretionary projects are submitted and shall not approve development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City after approximately the year 2035 and additional water conveyance facilities shall be City to ensure that
sufficient capacity
exists within the
existing water
conveyance facilities
Planning and
Development
Department