47 Energy and Environmental Economics. 2015. Pathways to Deep Decarbonization in the United States. Website:
http://ww2.arb.ca.gov/sites/default/files/2020-07/williams.pdf. Accessed June 24, 2022.
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- Implement SB 905.
- Develop a net-zero cement strategy to meet SB 956 targets for the GHG intensity of cement use.
- Leverage energy-efficient and low carbon hydrogen programs. - Prioritize most vulnerable residents with the majority of funds in the new $922 million Equitable Building Decarbonization program.
- Achieve 3 million all-electric and electric-ready homes by 2030 and 7 million by 2035 with 6 million heat pumps installed by 2030.
- Adopt a zero-emission standard for new space and water heaters sold in California beginning in 2030.
- Implement biomethane procurement targets for investor-owned utilities as specified in SB 1440.
• Carbon Dioxide Removal and Capture
- Implement SB 905.
- Achieve the 85 percent reduction in anthropogenic sources below 1990 levels per AB 1279 by incorporating CCS into sectors and programs beyond transportation. - Evaluate and propose the role for CCS in cement decarbonization and as part of hydrogen peroxide pathways.
- Explore carbon capture application for zero-carbon power for reliability needs per SB 100. • Short-Lived Climate Pollutants (Non-Combustion Gases) - Install anaerobic digesters to maximize air and water quality protection, maximize biomethane capture, and direct biomethane to specific sectors. - Increase alternative manure management projects.
- Expand markets for products made from organic waste.
- Pursuant to SB 1137, develop leak detection and repair plans for facilities in health protection zones, implement emission detection system standards, and provide public access to emissions data.
- Convert large HFC emitters to the lowest practical GWP technologies. • Natural and Working Lands
- Implement AB 1757 and SB 27.
- Implement the Climate Smart Strategy.
- Accelerate the pace and scale of climate smart forest management to at least 2.3 million acres annually by 2025.
- Accelerate the pace and scale of healthy soils practices to 80,000 acres annually by 2025, conserve at least 8,000 acres of annual crops annually, and increase organic agriculture to 20 percent of all cultivated acres by 2045.
- Restore 60,000 acres of Delta wetlands annually by 2045. - Increase urban forestry investment annually by 200 percent, relative to business as usual.
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The General Plan includes objectives and policies designed to reduce GHG emissions throughout the City. As discussed above, the City also adopted a GHG Plan in 2014 that provides the City’s primary strategy for reducing GHG emissions through GHG reduction target years 2020 and 2035. The intent of the GHG Plan is to achieve compliance with State GHG reduction mandates by focusing on feasible actions the City can take to minimize the adverse impacts of growth and development on climate change. The GHG Plan does not create an entirely new, separate strategy; rather, it builds on the policies and implementation measures contained in the City’s General Plan. Where needed, the GHG Plan provides more details to clarify and focus action and to ensure implementation. The 2014 GHG Plan has not been the subject of a legal challenge and has not been invalidated by the court. The General Plan contains the following policies related to GHG emissions reduction that are applicable to the proposed project.
48 Objective
RC-5 In cooperation with other jurisdictions and agencies in the San Joaquin Valley Air Basin, take timely, necessary, and the most cost-effective actions to achieve and maintain reductions in greenhouse gas emissions and all strategies that reduce the causes of climate change in order to limit and prevent the related potential detrimental effects upon public health and welfare of present and future residents of the Fresno community.
Implementing Policies
RC-5-a Support State Goal to Reduce Statewide GHG Emissions. As is consistent with State law, strive to meet AB 32 goal to reduce greenhouse gas emissions to 1990 levels by 2020 and strive to meet a reduction of 80 percent below 1990 levels by 2050 as stated in Executive Order S-03-05. As new Statewide GHG reduction targets and dates are set by the State update the City’s Greenhouse Gas Reduction Plan to include a comprehensive strategy to achieve consistency with those targets by the dates established.
RC-5-b Greenhouse Gas Reduction Plan. As is consistent with State law, prepare and adopt a Greenhouse Gas Reduction Plan as part of the Master Environmental Impact Report to be concurrently approved with the Fresno General Plan in order to achieve compliance with State mandates, assist development by streamlining the approval process, and focus on feasible actions the City can take to minimize the adverse impacts of growth and development on global climate change. The Greenhouse Gas Reduction Plan shall include, but not be limited to:
• A baseline inventory of all known or reasonably discoverable sources of GHGs that currently exist in the City and sources that existed in 1990. • A projected inventory of the GHGs that can reasonably be expected to be emitted from those sources in the year 2035 with implementation of this General Plan and foreseeable community-wide and municipal operations.
48 City of Fresno (City). 2014. Fresno General Plan. December.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Greenhouse Gas Emissions
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• Periodically update municipal and community-wide GHG emissions inventories to determine the efficacy of adopted measures and to guide future policy formulation needed to achieve and maintain GHG emissions reduction targets.
RC-5-c GHG Reduction through Design and Operations. Increase efforts to incorporate requirements for GHG emission reductions in land use entitlement decisions, facility design, and operational measures subject to City regulation through the following measures and strategies:
a) Promote the expansion of incentive-based programs that involve certification of projects for energy and water efficiency and resiliency. These certification programs and scoring systems may include public agency “Green” and conservation criteria, Energy Star™ certification, CALGreen Tier 1 or Tier 2, Leadership in Energy-Efficient Design (LEED®) certification, etc. b) Promote appropriate energy and water conservation standards and facilitate mixed-use projects, new incentives for infill development, and the incorporation of mass transit, bicycle and pedestrian amenities into public and private projects.
c) Require energy and water audits and upgrades for water conservation, energy efficiency, and mass transit, pedestrian, and bicycle amenities at the time of renovation, change in use, change in occupancy, and change in ownership for major projects meeting review thresholds specified in an implementing ordinance.
d) Incorporate the City’s “Guidelines for Ponding Basin/Pond Construction and Management to Control Mosquito Breeding” as conditions of approval for any project using an on-site stormwater basin to prevent possible increases in vector-borne illnesses associated with global climate change. e) Periodically evaluate the City’s facility maintenance practices to determine whether there are additional opportunities to reduce GHGs through facility cleaning and painting, parks maintenance, road maintenance, and utility system maintenance.
f) Periodically evaluate standards and mitigation strategies for highly vehicle- dependent land uses and facilities, such as drive-through facilities and auto- oriented development.
RC-5-d SCS and CAP Conformity Analysis. Ensure that the City includes analysis of a project’s conformity to an adopted regional Sustainable Community Strategy or Alternative Planning Strategy (APS), an adopted Climate Action Plan (CAP), and any other applicable City and regional greenhouse gas reduction strategies in effect at the time of project review.
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RC-5-f Toolkit. Provide residents and project applicants with a “toolkit” of generally feasible measures that can be used to reduce GHG emissions, including educational materials on energy-efficient and “climate friendly” products.
RC-5-g Evaluate Impacts with Models. Continue to use computer models such as those used by SJVAPCD [Valley Air District] to evaluate greenhouse gas impacts of plans and projects that require such review.
As detailed in the Regulatory Framework section, the proposed Specific Plan includes numerous policies related to reducing GHG emissions associated with development in the Plan Area. Policy RC-
1.1, Land Use Strategies, would support compact, mixed-use development that is pedestrian- oriented and located in high-quality transit corridors. Policy RC-1.2 and Policy RC-1.3 further outline the Fresno SEDA Specific Plan focus on transit oriented development, as well as TDM strategies.
Several policies promote exceeding Title 24 requirements through encouraging compliance with voluntary energy conservation certification programs, such as LEED® and EnergyStar, and Policy RC-
1.6 states that City buildings in the Plan Area will exceed Title 24 Energy Efficiency Standards, along with purchasing green vehicles for City fleets, and supporting water conservation and waste reduction efforts throughout the Plan Area. These proposed Specific Plan policies are consistent with, and support the goals and objectives of, the City’s General Plan and GHG Plan related to GHG emissions reductions. Therefore, the proposed project is consistent with the goals and objectives of the General Plan.
Conclusion
In conclusion, the proposed project would be consistent with relevant plans, policies, and regulations associated with GHGs, notably the most recent version of the ARB’s Scoping Plan (the 2022 Scoping Plan), and the Fresno 2022 RTP/SCS. This would ensure that the proposed project would be consistent with, and would not impair, the State’s carbon neutrality standard by year 2045 as established under AB 1279. The State is making progress toward reducing GHG emissions in key sectors such as transportation, industry, and electricity. Since the proposed project would be consistent with State GHG Plans, it would not impede the State’s goals of reducing GHG emissions 40 percent below 1990 levels by 2030 and of achieving carbon neutrality by 2045. The proposed project would make a reasonable fair share contribution to the State’s GHG reduction goals by implementing a wide array of project features that would substantially reduce GHG emissions, and, therefore, the proposed project’s GHG emissions would be considered to have a less than significant impact with respect to Impacts GHG-1 and GHG-2.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
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3.8.6 - Cumulative Impacts
The geographic scope of the cumulative impact analysis for energy use is the Plan Area and portions of the City of Fresno, City of Clovis, and unincorporated Fresno County adjacent to the Plan Area.
This analysis evaluates whether impacts of the proposed project, together with impacts of cumulative development, would result in a cumulatively significant impact with respect to GHG emissions. This analysis then considers whether incremental contribution of the impacts associated with implementation of the proposed project would be significant. Both conditions must apply for cumulative effects to rise to the level of significance. Based on this analysis, there is a potentially significant cumulative effect resulting from the proposed project.
As previously discussed, no single land use project could generate enough GHG emissions to noticeably change the global average temperature. Cumulative GHG emissions, however, contribute to global climate change and its significant adverse environmental impacts.
The proposed project would be consistent with relevant plans, policies, and regulations associated with GHGs, notably the most recent version 2022 version of ARB’s Scoping Plan, as well as the SJCOG’s 2022 RTP/SCS and the City’s General Plan. The proposed project would not impede upon the State’s ability to reach mandated GHG reduction targets in the future and will support State-level efforts to reduce GHG emissions. Therefore, development of the proposed project would have a less than significant cumulative impact relative to this environmental topic. In addition, the implementation of MM AIR-1b, MM AIR-1c, and MM AIR-1d would serve to further reduce GHG emissions along with criteria air pollutants and toxic air contaminants. Accordingly, impacts related to GHG emissions would result in a less than cumulatively considerable contribution.
Level of Cumulative Significance Before Mitigation
Less than significant impact.
Cumulative Mitigation Measures
None required.
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3.9 - Hazards and Hazardous Materials
3.9.1 - Introduction
This section describes the existing hazards and hazardous materials setting and potential effects from project implementation on the site and its surrounding area. Descriptions and analysis in this section are based, in part, on the Fresno General Plan (General Plan) and the Fresno Southeast Development Area (SEDA) Specific Plan, as well as research on various hazardous materials websites.
As further discussed in Chapter 1, Introduction, nine comments were received during the Draft Program Environmental Impact Report (Draft PEIR) scoping period related to hazards and hazardous materials were received:
• Requests that the Draft PEIR acknowledge the potential for historic or future activities to result in the release of hazardous waste/substances.
• Recommends that all future development under the proposed project collect soil samples for lead analysis prior to performing any intrusive activities. • Recommends that all future development under the proposed project conduct surveys for the presence of lead-based paints (LBP), mercury, asbestos-containing materials (ACMs), and polychlorinated biphenyl caulk before demolishing any buildings. • Requests that Draft PEIR require any future development under the proposed project that requires the importation of soil to backfill any excavated areas to conduct the proper sampling to ensure that the imported soil is free of contamination. • Requests that the Draft PEIR require any future development under the proposed project that is developed on land containing agricultural uses, weed abatement activities, or related activities to conduct a proper investigation for organochlorinated pesticides. • Recommends that the current and former agricultural lands in the Plan Area be evaluated in accordance with the California Department of Toxic Substances Control (DTSC) 2008 Interim Guidance for Sampling Agricultural Properties, Third Addition. • States that any future development under the SEDA Specific Plan that would use or handle hazardous materials would be required to meet the requirements set forth in the California Health and Safety Code, Division 20, Chapter 6.95, and the California Code of Regulations Title 22, Division 4.5. Any businesses handling hazardous waste must submit a Hazardous Materials Business Plan pursuant to the Health and Safety Code, Division 20, Chapter 6.95, Section 25507.
• States that an underground storage tank (UST) Removal Permit from the Fresno County Department of Public Health, Environmental Health Division must be obtained if any petroleum USTs are discovered during construction.
• States that all water wells and septic systems identified at a future development site that are not intended to be used should be properly removed with a licensed contractor.
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3.9.2 - Environmental Setting
Hazards
This description of existing conditions focuses on hazards from fire and overhead power lines, as well as hazardous materials and wastes. A hazard is a situation that poses a level of threat to life, health, property, or the environment. Hazards can be dormant or potential, with only a theoretical risk of harm. However, once a hazard becomes active, it can create an emergency. A hazardous situation that has already occurred is called an incident. Emergency response is action taken in response to an unexpected and dangerous occurrence in an attempt to mitigate its impact on people, structures, or the environment. Emergency situations can range from natural disasters to hazardous materials problems and transportation incidents.
Hazards Materials and Wastes
Hazardous materials include but are not limited to hazardous materials, hazardous substances, and hazardous wastes, as defined in Section 25501 and Section 25117, respectively, of the California Health and Safety Code. A hazardous material is any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released; and any material that a handler or an administering regulatory agency under Section 25501 has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment. Various properties may cause a substance to be considered hazardous, including:
• Toxicity—causes human health effects;
• Ignitability—has the ability to burn;
• Corrosivity—causes severe burns or damage to materials; and • Reactivity—causes explosions or generates toxic gases.
Hazardous Building Materials
Many older buildings contain building materials consisting of hazardous materials. These materials include LBP , ACM, and polychlorinated biphenyls (PCBs).
Prior to the United States Environmental Protection Agency (EPA) ban in 1978, LBP was commonly used on interior and exterior surfaces of buildings. Disturbances such as sanding and scraping activities, renovation work, gradual wear and tear, old peeling paint, and paint dust particulates have been found to contaminate surface soils or cause lead dust to migrate and affect indoor air quality.
Exposure to residual lead can cause severe health effects, especially in children.
Asbestos is a naturally occurring fibrous material that was extensively used as a fireproofing and insulating agent in building construction materials before such uses were banned by the EPA in the 1970s. In addition, many types of electrical equipment contained PCBs as an insulator, including transformers and capacitors. After PCBs were determined to be a carcinogen in the mid to late 1970s, the EPA banned PCB use in new equipment and began a program to phase out certain existing PCB-containing equipment. For example, fluorescent lighting ballasts manufactured after City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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Hazardous Substances
A hazardous substance can be any biological, natural, or chemical substance, whether solid, liquid, or gas, which may cause harm to human health. Hazardous substances are classified based on their potential health effects, whether acute (immediate) or chronic (long-term). Dangerous goods are classified based on immediate physical or chemical effects, such as fire, explosion, corrosion, and poisoning. An accident involving dangerous goods could seriously harm human health or damage property or the environment. Harm to human health may happen suddenly (acute), such as dizziness, nausea, and itchy eyes or skin; or it may happen gradually over years (chronic), such as dermatitis or cancer. Some people can be more susceptible than others. Hazardous substances and dangerous goods can include antiseptic used for a cut, paint for walls, a cleaning product for the bathroom, chlorine in a pool, carbon monoxide from a motor vehicle, fumes from welding, vapors from adhesives, or dust from cement, stone, or rubber operations. Such hazardous substances can make humans very sick if they are not used properly.
Hazardous Wastes
Hazardous waste is any hazardous material that is to be discarded, abandoned, or recycled. The criteria that define a material as hazardous also define a waste as hazardous. Specifically, materials and waste may be considered hazardous if they are poisonous (toxic); can be ignited by open flame (ignitable); corrode other materials (corrosive); or react violently, explode, or generate vapors when mixed with water (reactive). Soil or groundwater contaminated with hazardous materials above specified regulatory State or federal thresholds is considered hazardous waste if it is removed from a site for disposal. If handled, disposed, or otherwise handled improperly, hazardous materials and hazardous waste can result in public health hazards if released into the soil or groundwater or through airborne releases in vapors, fumes, or dust. Soil and groundwater having concentrations of hazardous constituents higher than specific regulatory levels must be handled and disposed of as hazardous waste when excavated or pumped from an aquifer. The California Code of Regulations, Title 22, Sections 66261.20–24 contains technical descriptions of toxic characteristics that could cause soil or groundwater to be classified as hazardous waste.
Hazardous Materials Sites
The Cortese List is a list of known hazardous materials or hazardous waste facilities that meet one or more of the provisions of Government Code Section 65962.5, including:
• The list of hazardous waste and substances sites from the DTSC EnviroStor database.1 • The list of Leaking Underground Storage Tank (LUST) sites by county and fiscal year from the California State Water Resources Control Board (State Water Board) GeoTracker database.2
1 California Department of Toxic Substances Control (DTSC). “Cortese” list of DTSC’s EnviroStor database list of Hazardous Waste and Substances sites. DTSC’s Hazardous Waste and Substances Site List—Site Cleanup (Cortese List). Website:
https://www.envirostor.dtsc.ca.gov/public/. Accessed May 17, 2022. 2 California State Water Resources Control Board (State Water Board). “Cortese” List of Leaking Underground Storage Tank Sites by County (San Francisco County). Website: https://geotracker.waterboards.ca.gov/sites_by_county. Accessed May 17, 2022 City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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• The list of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, as identified by the DTSC. 5 Envirostor
The EnviroStor database, maintained by the DTSC, tracks cleanup, permitting, enforcement and investigation efforts at hazardous waste facilities, sites with known contamination, and sites where there may be reasons to investigate further. The database includes federal Superfund sites (from the National Priorities List); State response sites, voluntary cleanup sites; school investigation and cleanup sites; corrective action sites; and tiered California permit sites. It also includes sites that are being investigated for contamination where contamination has not been confirmed. According to an EnviroStor search performed on May 17, 2022, a total of three sites are located within the Plan Area.
See Table 3.9-1 for more information.
Table 3.9-1: Facilities Listed on the DTSC EnviroStor Database Site
No. Site Name; Address Site Description; Size
Contaminants of
Concern Cleanup Status
1 Fourth Educational
Center Site; 2660
Leonard Avenue
Former agricultural site
with residences and
aboveground storage
tank; 160.5 acres.
Arsenic, pesticides Inactive–Action Required as
of 5/18/09.
2 Clovis USD–Proposed K-
6 School; SE Intersection
of Temperance and
Clinton Avenues
Former agricultural site
that is currently fallow.
Formerly contained
farm
residence/buildings that
have been removed; 20
acres.
Metals, pesticides,
PCBs
No further action as of
4/17/2014.
3 T H Agriculture and
Nutrition, LLC; 7183
East McKinley Avenue
Formerly a plant and
warehouse for
agricultural chemicals.
Pesticides; VOCs Certified by DTSC/in
Operation and Maintenance
Agreement as of 1/12/2006.
Removed from the National
Priorities List of Superfund
and hazardous waste sites
but subject to continued
monitoring. Land use
restrictions apply.
3 California Environmental Protection Agency (Cal/EPA). 2020. Site Portal. Website:
https://siteportal.calepa.ca.gov/nsite/map/results. Accessed May 17, 2022. 4 Ibid.
5 California Environmental Protection Agency (Cal/EPA). “Cortese” list of sites subject to Corrective Action pursuant to Health and Safety Code 25187.5. Website: https://www.calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/. Accessed May 17, 2022.
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No. Site Name; Address Site Description; Size
Contaminants of
Concern Cleanup Status
Notes:
DTSC = California Department of Toxic Substances Control PCB = polychlorinated biphenyl
VOC = volatile organic compound
Source: California Department of Toxic Substances Control (DTSC) EnviroStor. 2022.
Geotracker
GeoTracker is the State Water Board data management system for sites that impact, or have potential to impact, water quality in California, with emphasis on groundwater. GeoTracker contains records for sites that require cleanup, such as LUST Sites, Cleanup Program Sites, and Department of Defense Sites. GeoTracker also contains records for various unregulated projects, as well as permitted facilities including operating Permitted USTs, Irrigated Lands, Oil and Gas production, and Land Disposal Sites (landfills). According to a GeoTracker search performed on May 17, 2022, a total of two open sites are located within the Plan Area. See Table 3.9-2 for more information.
Table 3.9-2: Geotracker Sites in the Plan Area
Site
No. Site Name; Address Site Description; Size
Contaminants of
Concern Cleanup Status
1 Pipco Ranch; 5414
North East Fresno
LUST Cleanup Site Gasoline Completed–Case Closed as of
7/1/07.
2 Baggie Farms; 6731
North Avenue East
LUST Cleanup Site Diesel Completed–Case Closed as of
10/15/1991.
3 Tri-Boro Fruit Co. Inc.;
2500 South Fowler
Avenue
LUST Cleanup Site Gasoline Completed–Case Closed as of
8/29/1996.
4 Tri-Boro Fruit Co. Inc. LUST Cleanup Site Diesel Completed–Case Closed as of 1/18/1995.
5 Demirjian, Mike; 5408
East Jensen Avenue
Cleanup Program
Site
Petroleum, fuels,
oils
Open–Site Assessment as of
11/1/1990.
6 Sunnyside Sierra; 5895
East Jensen Avenue
LUST Cleanup Site Gasoline Completed–Cased Closed as of 1/7/1997.
7 Bonner Packing; 568
South Temperance
Avenue
LUST Cleanup Site Gasoline Completed–Case Closed as of
9/13/1988.
8 Narlian Residence;
7910 Kings Canyon East
LUST Cleanup Site Gasoline Completed–Case Closed as of
9/15/1995.
9 Than; 7183 East
McKinley Avenue
Cleanup Program
Site
Pesticides,
Herbicides, VOCs
Completed–Case Closed as of
5/12/2010. DTSC continues to
provide regulatory oversite for
maintenance of site cap and for
submittal of annual groundwater
monitoring reports.
I I I I
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No. Site Name; Address Site Description; Size
Contaminants of
Concern Cleanup Status
10 Private Residence LUST Cleanup Site Gasoline Open–Site Assessment as of 11/15/2011.
11 Private Residence; 9337
McKinley Avenue
LUST Cleanup Site Gasoline Completed–Case Closed as of
9/18/1996.
Notes:
VOC = volatile organic compound
DTSC = California Department of Toxic Substances Control LUST = Leaking Underground Storage Tank
Source: California State Water Resources Control Board (State Water Board). Geotracker. 2022.
Summary
As outlined above, the Plan Area contains various contaminated sites that have released hazardous materials and required remediation and involvement from local, State, and federal agencies. A search of the EnviroStor and GeoTracker databases conducted on May 17, 2022, in the Plan Area found the sites listed in Tables 3.9-1 and 3.9-2. The Plan Area has several cases of leaking underground stork tanks, but cleanup is complete for nearly all of these sites.
Hazardous Materials Incidents Emergency Response
The unauthorized releases of hazardous materials into the environment could create many environmental impacts including impacts to properties, natural environment, and human health. The significance of these impacts could vary according to the location and quantity of the substance released. Hazardous releases can occur in areas that treat, store, transport and use hazardous materials. In the event of an unauthorized release of hazardous materials/substances, emergency response measures must be implemented to ensure the protection of human and natural environmental health from risk.
The Plan Area contains agricultural, rural residential, as well as institutional and public facilities uses.
Agriculture is the primary land use in the Plan Area and is a major industry in the City. The potential for hazardous materials incidents are heightened. Accidental releases of pesticides, fertilizers, and other agricultural chemical may be harmful to the public’s health, safety, and the environment. In addition, the Plan Area contains State Route (SR) 180, which is a major State transportation route.
This transportation route as well as the agricultural uses listed above, transports large quantities of hazardous materials through and into the Plan Area each year. Because of the rural nature of the Plan Area and its location along a route that regularly transports hazardous materials through and around the Plan Area, the area faces risks associated with the potential for hazardous materials emergencies (accidental releases). The City of Fresno Fire Department recognizes the potential for a large chemical release to occur which could expose thousands of people to hazardous or toxic vapors.
In addition, prior to the banning of lead additives in vehicle fuel in 1992, tailpipe emissions from automobiles using leaded gasoline contained lead and resulted in aerially deposited lead (ADL) being deposited in and along roadways throughout the State. ADL-contaminated soils still exist along City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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The City of Fresno Fire Department Hazardous Materials Response Team (HMRT) has embraced an all-hazards approach to emergency response to ensure that the Planning Area receives effective protection from the risk of hazardous materials releases.
Emergency Response
In addition to emergency response to hazardous materials incidents, both the City of Fresno and the County of Fresno implement programs to facilitate emergency preparedness for other types of incidents within the Plan Area. Specifically, the City of Fresno has an Emergency Operations Plan that describes what the City’s actions will be during a response to an emergency. This plan also describes the role of the Emergency Operations Center (EOC) and the coordination that occurs between the EOC, City Departments, and other response agencies. The plan establishes a requirement for the emergency management organization to mitigate any significant emergency disaster affecting the City. The plan also identifies the policies, responsibilities, and procedures required to protect the health and safety of City communities, public and private property, and the environmental effects of natural or technological disasters. In addition, the plan establishes the operation concepts and procedures associated within initial response operations (field response) to emergencies, the extended response operations (City of Fresno EOC Activities), and the recovery process.
Furthermore, the plan complies with the State of California Emergency Operations Plan “Cross Walk” checklist for determining whether an emergency plan has addressed critical elements of California’s Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS).
The County of Fresno has a Multi-Jurisdictional Hazard Mitigation Plan, which is a plan that aims to reduce or eliminate long-term risk to people or property natural from hazards. The plan, which covers all territory within Fresno County’s jurisdictional boundaries, was adopted by the City of Fresno in 2009, and an update was adopted by the City of Fresno in 2020. The plan was prepared pursuant to the requirements of the Disaster Mitigation Act of 2000 so that Fresno County and the jurisdictions within it would be eligible for the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Assistance Grants.
Existing Schools
Presently, the Lone Star Elementary School, located in the southern portion of the Plan Area, is the only school in the Plan Area. However, Clovis Unified School District is constructing an educational center for middle and high school students in the northern portion of the Plan Area on a site along the Clinton Avenue alignment between Leonard and Highland Avenues, with phased opening expected in 2025.
Airport Hazards
There are three airports located within the City of Fresno: Fresno Yosemite International Airport, Fresno Chandler Executive Airport, and Sierra Sky Park. None of the airports are located in the Plan Area.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
3.9-8 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx Fresno Yosemite International Airport is located approximately 2 miles from the Plan Area, along East Clinton Way. The airport is a joint use civilian/military airport. It is used by commercial air carriers, air cargo operators, charter operators, the State of California, general aviation, and the United States Military. The California Air National Guard occupies a 58-acre area adjacent to East McKinley Avenue in the southeast portion of the airport. A helicopter repair and maintenance unit of the Army National Guard, the California Department of Forestry and Fire Protection (CAL FIRE), and a number of corporate aviation businesses occupy facilities north of the runways. About 250 general aviation aircraft are based at Fresno Yosemite International Airport and two Fixed Base Operators (FBOs) offer a wide range of aeronautical services.
According to the Fresno Yosemite International Airport Safety Compatibility Zones Map, 6 a small
portion of the Plan Area is located within the 60 decibel (dB) Community Noise Equivalent Level (CNEL) co ntour.7 A larger portion of the Plan Area is located within the Traffic Pattern Zone.8 Wildland Fire Hazard
CAL FIRE designates the Plan Area as a Local Responsibility Area (LRA).9 There are no wildlands located within or adjacent to the Plan Area.10
The Plan Area is located within the Central Valley and is relatively flat. The majority of the Plan Area is located within agricultural lands. The Plan Area is surrounded by mostly agricultural properties and rural residential uses to the north, west, and south. The Sierra Nevada foothills to the north and east of the City provide the nearest areas where large expanses of undeveloped properties occur.
Because of the topography and the distance between the developed portions of the City and undeveloped areas, the primary fire hazard concern within the City consists of the potential for structure fires in developed areas.
3.9.3 - Regulatory Framework
Federal
Toxic Substances Control Act
Established in 1976 and amended on December 31, 2002, the Toxic Substances Control Act (TSCA) (15 United States Code [USC] Section 2601-2692) grants the EPA power to require proper reporting, recordkeeping, and testing requirements related to chemical substances and/or mixtures.
Specifically, the TSCA addresses the production, importation, use, and disposal of specific chemicals, including PCBs, asbestos, radon, and LBP . The TSCA establishes the EPA’s authority to require the
6 Fresno Council of Government (COG). 2018. Fresno County Airport Land Use Compatibility Plan. Website:
https://ceqanet.opr.ca.gov/2018081025/2. Accessed November 29, 2022. 7 Fresno Council of Governments (COG). Airport Land Use Compatibility Plan. Exhibit D2 Future Noise Contours. Fresno Yosemite International Airport. Website: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/04/ALUCP-Fresno-Yosemite- International-Airport.pdf. Accessed May 17, 2022.
8 Fresno Council of Governments (COG). Airport Land Use Compatibility Plan. Exhibit D1- Fresno Yosemite Intl. – Airport Influence Area and Safety Zones. Website: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/04/ALUCP-Fresno-Yosemite- International-Airport.pdf. Accessed May 17, 2022.
9 California Department of Forestry and Fire Protection (CAL FIRE). 2007. Draft Fire Hazard Severity Zones in LRA. Fresno County.
Website: https://osfm.fire.ca.gov/media/6673/fhszl06_1_map10.pdf. Accessed May 17, 2022. 10 City of Fresno. 2018. Fresno County Multi-Hazard Mitigation Plan. Figure 4.52 Fresno County’s Wildfire Severity Zones. Website:
https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/12/FresnoCountyHMPFinal.pdf. Accessed March 21, 2023.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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Occupational Health and Safety Act
The Occupational Safety and Health Administration (OSHA) of the United States Department of Labor is responsible for implementing and enforcing federal laws and regulations that address worker health and safety. OSHA requires specific training for hazardous materials users and handlers, provision of information (procedures for personal safety, hazardous materials storage and handling, and emergency response) to employees who may be exposed to hazardous materials, and acquisition of material safety data sheets from materials manufacturers. Material safety data sheets describe the risks, as well as proper handling and procedures, related to particular hazardous materials. Employee training must include response and remediation procedures for hazardous materials releases and exposures. Construction workers and operational employees at the project site would be subject to these requirements.
Code of Federal Regulations, Titles 29 and 40
Regulations in Code of Federal Regulations Title 29 include requirements to manage and control exposure to LBP and ACMs. In California, these requirements are implemented by the California Division of Occupational Safety and Health (Cal/OSHA) under California Code of Regulations Title 8 (see further discussion of California Code of Regulations Title 8 below). The removal and handling of ACMs is governed primarily by EPA regulations under Code of Federal Regulations Title 40. The regulations require that the appropriate State agency be notified before any demolition, or before any renovations, of buildings that could contain asbestos or ACMs above a specified threshold.
Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation, and Liability Act
The EPA is responsible for implementing and enforcing federal laws and regulations pertaining to hazardous materials. The primary legislation includes the Resource Conservation and Recovery Act of 1976 (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA) and the Emergency Planning and Community Right-to-Know Act (known as SARA Title III). RCRA and the 1984 RCRA Amendments regulate the treatment, storage, and disposal of hazardous and nonhazardous wastes and mandate that hazardous wastes be tracked from the point of generation to their ultimate fate in the environment, including detailed tracking of hazardous materials during transport and permitting of hazardous material handling facilities. As permitted by RCRA, in 1992, the EPA approved California’s program called the Hazardous Waste Control Law (HWCL), administered by DTSC, to regulate hazardous wastes in California, as discussed further below. The purpose of CERCLA is to identify and clean up chemically contaminated sites that pose a significant environmental health threat, and the Hazard Ranking System is used to determine whether a site should be placed on the National Priorities List for cleanup activities. SARA relates primarily to emergency management of accidental releases and requires annual reporting of continuous emissions and City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx accidental releases of specified compounds that are compiled into a nationwide Toxics Release Inventory. Finally, SARA Title III requires formation of State and local emergency planning committees that are responsible for collecting material handling and transportation data for use as a basis for planning and provision of chemical inventory data to the community at large under the “right-to-know” provision of the law.
Hazardous Materials Transportation Act
Under the Hazardous Materials Transportation Act of 1975, the United States Department of Transportation (USDOT), Office of Hazardous Materials Safety regulates the transportation of hazardous materials on water, rail, highways, through air, or in pipelines, and enforces guidelines created to protect human health and the environment and reduce potential impacts by creating hazardous material packaging and transportation requirements. It also includes provisions for material classification, packaging, marking, labeling, place-carding, and shipping documentation. The USDOT provides hazardous materials safety training programs and supervises activities involving hazardous materials. In addition, the USDOT develops and recommends regulations governing the multimodal transportation of hazardous materials.
Aboveground Petroleum Storage Act, and Spill Prevention, Control, and Countermeasure Rule The Aboveground Petroleum Storage Act of 1990, and the Spill Prevention, Control, and Countermeasure (SPCC) Rule (amended 2010) of the Oil Pollution Prevention regulation (40 Code of Federal Regulations [CFR] 112) require the owner or operator of a tank facility with an aggregate storage capacity greater than 1,320 gallons to notify the local Certified Unified Program Agency (CUPA) and prepare an SPCC plan. The SPCC plan must identify appropriate spill containment measures and equipment for diverting spills from sensitive areas and must discuss facility-specific requirements for the storage system, inspections, recordkeeping, security, and training.
Clean Water Act
The Clean Water Act (CWA) (Title 33 § 1251 et seq. of the United States Code [33 USC 1251, et seq.]) is the major federal legislation governing water quality. The CWA established the basic structure for regulating discharges of pollutants into waters of the United States (not including groundwater). The objective of the act is “to restore and maintain the chemical, physical, and biological integrity of the nation’s waters.” The CWA establishes the basic structure for regulating the discharge of pollutants into waters of the United States. Responsibility for administering the CWA resides with the State Water Board and nine Regional Water Quality Control Boards (RWQCBs); the Central Valley RWQCB administers the CWA for Fresno County. Section 404 of the CWA regulates temporary and permanent fill and disturbance of waters of the United States, including wetlands. The United States Army Corps of Engineers (USACE) requires that a permit be obtained if a project proposes to place fill in navigable waters and/or to alter waters of the United States below the ordinary high-water mark in non-tidal waters. Section 401 of the CWA requires compliance with State water quality standards for actions within State waters. Compliance with the water quality standards required under Section 401 is a condition for issuance of a Section 404 permit. Under Section 401 of the CWA, every applicant for a permit or license for any activity that may result in a discharge to a water body must obtain a State water quality certification from the RWQCB to demonstrate that the proposed activity would comply with State water quality standards.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx Federal Air Regulations, Part 77
The Federal Aviation Administration (FAA) is charged with the review of construction activities that occur in the vicinity of airports. Its role in reviewing these activities is to ensure that new structures do not result in a hazard to navigation. The regulations in the Federal Air Regulations (14 CFR, Part 77) are designed to ensure that no obstructions in navigable air space are allowed to exist that would endanger the public. Proposed structures are also evaluated against Terminal En Route Procedures, which ensure that a structure does not adversely impact flight procedures. Tall structures, including buildings, construction cranes, and cell towers in the vicinity of an airport can be hazardous to the navigation of airplanes. Federal Air Regulations Part 77 identifies the maximum height at which a structure would be considered an obstacle at any given point around an airport.
The extent of the off-airport coverage that needs to be evaluated for tall structure impacts can extend miles from an airport facility. In addition, Federal Air Regulations Part 77 establishes standards for determining whether objects constructed near airports will be considered obstructions in navigable airspace, sets forth notice requirements of certain types of proposed construction or alterations, and provides for aeronautical studies to determine the potential impacts of a structure on the flight of aircraft through navigable airspace.
Federal Insecticide, Fungicide, and Rodenticide Act
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 USC 136 et seq.) was originally passed in 1947. It has been amended several times, most extensively in 1972 and in 1996 by the Food Quality Protection Act of 1996, and in 2012 by the Pesticide Registration Improvement Extension Act. The purpose of FIFRA is to establish federal jurisdiction over the distribution, sale, and use of pesticides. It also gives EPA the authority to study the effects of pesticide use. Other key provisions of FIFRA require pesticide applicators to pass a licensing examination for status as “qualified applicators,” create a review and registration process for new pesticide products and ensure thorough and understandable labeling that includes instructions for use.
State
California Hazardous Waste Control Law
The HWCL is the primary hazardous waste statute in the State of California and implements RCRA as a “cradle-to-grave” waste management system for handling hazardous wastes in a manner that protects human health and the environment and would reduce potential resulting impacts. The law specifies that generators have the primary duty to determine whether their waste is hazardous and to ensure proper management. The HWCL also establishes criteria for the reuse and recycling of hazardous waste used or reused as raw materials. The law exceeds federal requirements by mandating source reduction planning, and a much broader requirement for permitting facilities that treat hazardous waste. It also regulates a number of types of waste and waste management activities that are not covered by federal law.
California Health and Safety Code
The California Health and Safety Code (HSC § 25141) defines hazardous waste as a waste or combination of waste that may:
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitation-reversible illness. (2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of or otherwise managed.
These regulations establish criteria for identifying, packaging, and labeling hazardous wastes; prescribe management practices for hazardous wastes; establish permit requirements for hazardous waste treatment, storage, disposal, and transportation; and identify hazardous waste that commonly would be disposed of in landfills.
Under both the RCRA and the HWCL, hazardous waste manifests must be retained by the generator for a minimum of 3 years. The generator must match copies of the manifests with copies of manifest receipts from the treatment, disposal, or recycling facility.
In accordance with Chapter 6.11 of the California Health and Safety Code (HSC § 25404, et seq.), local regulatory agencies enforce many federal and State regulatory programs through the CUPA program, including:
• Hazardous materials business plans (HMBPs) (HSC § 25501, et seq.). • State Uniform Fire Code (UFC) requirements (UFC § 80.103, as adopted by the State Fire Marshal pursuant to HSC § 13143.9).
• Underground storage tanks (HSC § 25280, et seq.)
• Aboveground storage tanks (HSC § 25270.5(c)).
• Hazardous waste generator requirements (HSC § 25100, et seq.).
The Fresno County Health Department’s CUPA is responsible for implementing a unified hazardous materials and hazardous waste management regulatory program. The agency provides oversight of businesses that:
• Require Hazardous Materials Business Plans;
• Require California Accidental Release Prevention plans or Federal Risk Management Plans; • Operate Underground Storage Tanks;
• Operate Aboveground Storage Tanks;
• Generate Hazardous Waste(s);
• Have On-site Treatment of Hazardous Waste(s)/Tiered Permits.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx Compliance is achieved through routine inspections of all regulated facilities, and investigation of citizen-based complaints and inquiries regarding improper handling and/or disposal of hazardous materials and/or hazardous wastes. Hazardous waste source reduction is a primary goal of the CUPA.
Additionally, the agency provides oversight for the remediation of contaminated sites.
California Code of Regulations, Title 8
Cal/OSHA assumes primary responsibility for developing and enforcing workplace safety regulations.
These regulations concern the use of hazardous materials in the workplace, including requirements for employee safety training; availability of safety equipment; accident and illness prevention programs; hazardous substance exposure warnings; and preparation of emergency action and fire prevention plans.
Cal/OSHA also enforces hazard communication program regulations, including procedures for identifying and labeling hazardous substances, and requires that safety data sheets (formerly known as material safety data sheets) be available for employee information and training programs.
Cal/OSHA standards are generally more stringent than federal regulations. Construction workers and operational employees at the project site would be subject to these requirements.
California Code of Regulations, Title 8, Section 1529 authorizes Cal/OSHA to implement the survey requirements of Code of Federal Regulations Title 29 relating to asbestos. These federal and State regulations require facilities to take all necessary precautions to protect employees and the public from exposure to asbestos. Workers who conduct asbestos abatement must be trained in accordance with federal and State OSHA requirements. The Bay Area Air Quality Management District (BAAQMD) oversees the removal of regulated ACMs (see “Asbestos Demolition, Renovation, and Manufacturing Rule” below).
California Code of Regulations, Title 8, Section 1532.1 includes requirements to manage and control exposure to LBP. These regulations cover the demolition, removal, cleanup, transportation, storage, and disposal of lead-containing material. The regulations outline the permissible exposure limit, protective measures, monitoring, and compliance to ensure the safety of construction workers exposed to lead-based material. Loose and peeling LBP must be disposed of as a State and/or federal hazardous waste if the concentration of lead equals or exceeds applicable hazardous waste thresholds. Federal and State OSHA regulations require a supervisor who is certified with respect to identifying existing and predictable lead hazards to oversee air monitoring and other protective measures during demolition activities in areas where LBP may be present. Special protective measures and notification of Cal/OSHA are required for highly hazardous construction tasks related to lead, such as manual demolition, abrasive blasting, welding, cutting, or torch burning of structures, where LBP is present.
California Code of Regulations Title 22, Division 4.5
California Code of Regulations, Title 22, Division 4.5, contains the Environmental Health Standards for the Management of Hazardous Waste, which includes California waste identification and classification regulations. California Code of Regulations, Title 22, Chapter 11, Article 3, “Soluble Threshold Limits Concentrations/Total Threshold Limits Concentration Regulatory Limits,” identifies the concentrations at which soil is determined to be a California hazardous waste. California’s City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx Universal Waste Rule (22 California Code of Regulations [CCR] § 66273) provides an alternative set of management standards in lieu of regulation as hazardous wastes for certain common hazardous wastes, as defined in California Code of Regulations, Title 22, Section 66261.9. Universal wastes include fluorescent lamps, mercury thermostats, and other mercury-containing equipment. Existing structures may contain fluorescent light ballasts that could contain mercury or lead. The Alternative Management Standards for Treated Wood Waste (22 CCR § 67386) were developed by the DTSC to allow for disposal of treated wood as a nonhazardous waste, to simplify and facilitate the safe and economical disposal of such waste. Chemically treated wood can contain elevated levels of hazardous chemicals (e.g., arsenic, chromium, copper, pentachlorophenol, or creosote) that equal or exceed applicable hazardous waste thresholds. The Alternative Management Standards provide for less stringent storage requirements and extended accumulation periods, allow shipments without a hazardous waste manifest and a hazardous waste hauler, and allow disposal at specific nonhazardous waste landfills.
Porter-Cologne Act
The Porter-Cologne Water Quality Control Act of 1969 (Porter-Cologne Act) is California’s statutory authority for the protection of water quality. Under the Porter-Cologne Act, the State must adopt water quality policies, plans, and objectives that protect the State’s waters for the use and enjoyment of the people. Regional authority for planning, permitting, and enforcement is delegated to the nine RWQCBs. The RWQCBs are required to formulate and adopt water quality control plans (also known as Basin Plans) for all areas of the region and establish water quality objectives in the plans. The Porter-Cologne Act sets forth the obligations of State Water Board and RWQCBs to adopt and periodically update water quality control plans that recognize and reflect the differences in existing water quality, the beneficial uses of the region’s groundwater and surface water, and local water quality conditions and problems. It also authorizes the State Water Board and RWQCBs to issue and enforce waste discharge requirements and to implement programs for controlling pollution in State waters. Finally, the Porter-Cologne Act also authorizes the State Water Board and RWQCBs to oversee site investigation and cleanup for unauthorized releases of pollutants to soils and groundwater and in some cases to surface waters or sediments.
California Emergency Response Plan
California has developed an emergency response plan to coordinate emergency services provided by federal, State, and local governments and private agencies. Responding to hazardous materials incidents is one part of this plan. The plan is administered by the California Governor’s Office of Emergency Services, which coordinates the responses of other agencies. Emergency response team members respond and work with local fire and police agencies, emergency medical providers, the California Highway Patrol (CHP), CAL FIRE, California Department of Fish and Wildlife (CDFW), and California Department of Transportation (Caltrans).
California Department of Forestry and Fire Protection
CAL FIRE has mapped fire threat potential throughout California. CAL FIRE maps fire threat based on the availability of fuel and the likelihood of an area burning (based on topography, fire history, and climate). The threat levels include no fire threat, moderate, high, and very high fire threat.
Additionally, CAL FIRE produced a 2010 Strategic Fire Plan for California, which contains goals, City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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California Building Code
The State of California provided a minimum standard for building design through the 2016 California Building Standards Code (CBC), which is located in Part 2 of Title 24 of the California Code of Regulations. The 2016 CBC is based on the 2015 International Building Code but has been modified for California conditions. It is generally adopted on a jurisdiction by-jurisdiction basis, subject to further modification based on local conditions. Commercial and residential buildings are plan- checked by local City and County building officials for compliance with the CBC. Typical fire safety requirements of the CBC include the installation of sprinklers in all new high-rise buildings and residential buildings; the establishment of fire resistance standards for fire doors, building material; and particular types of construction.
California Public Resources Code
The California Public Resources Code includes fire safety regulations that restrict the use of equipment that may produce a spark, flame, or fire; require the use of spark arrestors11 on construction equipment that use an internal combustion engine; specify requirements for the safe use of gasoline-powered tools in fire hazard areas; and specify fire suppression equipment that must be provided on-site for various types of work in fire-prone areas.
These regulations include the following:
• Earthmoving and portable equipment with internal combustion engines would be equipped with a spark arrestor to reduce the potential for igniting a wildland fire (Public Resources Code [PRC] § 4442);
• Appropriate fire suppression equipment would be maintained during the highest fire danger period—from April 1 to December 1 (PRC § 4428);
• On days when a burning permit is required, flammable materials would be removed to a distance of 10 feet from any equipment that could produce a spark, fire, or flame, and the construction contractor would maintain the appropriate fire suppression equipment (PRC § 4427); and
• On days when a burning permit is required, portable tools powered by gasoline-fueled internal combustion engines would not be used within 25 feet of any flammable materials (PRC § 4431).
11 A spark arrestor is a device that prohibits exhaust gases from an internal combustion engine from passing through the impeller blades where they could cause a spark. A carbon trap is commonly used to retain carbon particles from the exhaust.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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Fresno General Plan
The General Plan outlines a long-range vision for the physical development of the City that reflects the community’s vision to preserve the desirable qualities of the existing community while encouraging the aspirations of the community. The General Plan includes the following objectives and policies related to hazards and hazardous materials:
Public Utilities and Services Element
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-rise buildings and in other high-density residential and commercial development throughout the City.
Policy PU-2-c Rescue Standards. Develop appropriate standards, as necessary, for rescue operations, including, but not limited to, confined space, high angle, swift water rescues, and the unique challenges of a high speed train corridor.
Policy PU-2-d Station Siting. Use the General Plan, community plans, Specific Plans, neighborhood plans, and Concept Plans, the City’s Geographic Information Systems (GIS) database, and a fire station location program to achieve optimum siting of future fire stations.
Policy PU-2-e Service Standards. Strive to achieve a community wide risk management plan that include the following service level objectives 90 percent of the time:
• First Unit on Scene–First fire unit arriving with minimum of three firefighters within 5 minutes and 20 seconds from the time the unit was alerted to the emergency incident.
• Effective Response Force–Provide sufficient number of firefighters on the scene of an emergency within 9 minutes and 20 seconds from the time of unit alert to arrival. The effective response force is measured as 15 firefighters for low risk fire incidents and 21 firefighters for high risk fire incidents and is the number of personnel necessary to complete specific tasks required to contain and control fire minimizing loss of life and property.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx Objective PU-3 Enhance the level of fire protection to meet the increasing demand for services from an increasing population.
Policy PU-3-a Fire Prevention Inspections. Develop strategies to enable the performance of annual fire and life safety inspection of all industrial, commercial, institutional, and multi- family residential buildings, in accordance with nationally recognized standards for the level of service necessary for a large Metropolitan Area, including a self-certification program.
Policy PU-3-b Reduction Strategies. Develop community risk reduction strategies that target high service demand areas, vulnerable populations (e.g., young children, older adults, non-English speaking residents, persons with disabilities, etc.), and high life hazard occupancies.
Policy PU-3-d Review All Development Applications. Continue Fire Department review of development applications, provide comments and recommend conditions of approval that will ensure adequate on-site and off-site fire protection systems and features are provided.
Policy PU-3-e Building Codes. Adopt and enforce amendments to construction and fire codes, as determined appropriate, to systematically reduce the level of risk to life and property from fire, commensurate with the City’s fire suppression capabilities.
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.
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 Standards 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.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx Policy NS-4-c Soil and Groundwater Contamination Reports. Require an investigation of potential soil or groundwater contamination whenever justified by past site uses.
Require appropriate mitigation as a condition of project approval in the event soil or groundwater contamination is identified or could be encountered during site development.
Policy NS-4-d Site Identification. Continue to aid federal, State, and County agencies in the identification and mapping of waste disposal sites (including abandoned waste sites), and to assist in the survey of the kinds, amounts, and locations of hazardous wastes.
Policy NS-4-e Compliance with County Program. Require that the production, use, storage, disposal, and transport of hazardous materials conform to the standards and procedures established by the County Division of Environmental Health. Require compliance with the County’s Hazardous Waste Generator Program, including the submittal and implementation of a Hazardous Materials Business Plan, when applicable.
Policy NS-4-f Hazardous Materials Facilities. Require facilities that handle hazardous materials or hazardous wastes to be designed, constructed, and operated in accordance with applicable hazardous materials and waste management laws and regulations.
Policy NS-4-g Hazmat Response. Include policies and procedures appropriate to hazardous materials in the City’s disaster and emergency response preparedness and planning, coordinating with implementation of Fresno County’s Hazardous Materials Incident Response Plan.
Policy NS-4-h Household Collection. Continue to support and assist with Fresno County’s special household hazardous waste collection activities, to reduce the amount of this material being improperly discarded.
Policy NS-4-I Public Information. Continue to assist in providing information to the public on hazardous materials.
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.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
FirstCarbon Solutions 3.9-19
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx • 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 Aviation Easements. Employ aviation 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. Adopt and 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.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
3.9-20 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx 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.
Fresno Southeast Development Area Specific Plan
The Fresno SEDA Specific Plan is framed within three significant and interrelated goals: fiscal responsibility, social equity, and environmental sustainability. The proposed Plan and policies that form its implementation framework are formulated and coordinated to meet the criteria of these overlapping goals. The proposed Specific Plan contains the following objectives and policies related to hazards and hazardous materials:
Urban Form
Objective UF-5 Provide a well-balanced transportation network accessible to all users.
Policy UF-5.1 Circulation Plan and Street Standards. Implement a circulation plan which provides a variety of transportation options necessary to meet the needs of residents and employees within the SEDA.
In order to promote connectivity throughout the Plan Area, all SEDA street rights- of-way shall be publicly accessible and shall not include gates or access controls, except where permitted through special review by the City of Fresno.
Policy UF-5.6 Performance Standards and Evaluation. The following criteria shall guide the evaluation of facilities within the SEDA.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
FirstCarbon Solutions 3.9-21
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx • Transit: Transit will be provided as demand warrants. Upon Plan buildout or when warranted, 10-minute peak-period headways will be provided along the BRT [Bus Rapid Transit] corridor (e.g., Kings Canyon), and 15-minute peak- period headways shall be provided for high-priority transit routes (e.g., De Wolf, Clovis).
In addition, all other transit routes in the planning area shall be operated at 30-minute headways upon Plan completion. Extended hour or late-night service shall be provided at 60-minute headways.
- Bus stop locations are generally placed at ¼ mile spacing. Bus stop placement will be prioritized at:
1. Schools and medical facilities.
2. Libraries, parks, senior centers, and recreation facilities.
3. Concentrated commercial areas.
4. Concentrated residential and employment areas.
• Bicycles: A user-friendly bicycle network will be provided to welcome all riders throughout the entire Plan Area. Bicycle lanes including Class II and Class IV facilities should be provided on all Super Arterials, Arterials, and Local Streets.
A Bicycled network should be designated on Neighborhood or Local Streets.
Ensuring the safety of vulnerable users will be an important priority, as the Plan will seek to create a network of easy to use, lower stress amenities that provide the ability to connect riders to key designations throughout the City, as described in the Fresno Active Transportation Plan (2017). • Pedestrians: A first-class pedestrian system shall be provided, including sidewalks on all streets, bicycle/pedestrian trails, and other design elements that prioritize safety and convenience for pedestrians, as described in the Fresno Active Transportation Plan (2017).
• Vehicles: A highly connected, grid-based roadway system shall be provided for efficient vehicular travel. Please see the Streets and Circulation Standards in the Development Code and the City of Fresno's Department of Public Works Standard Drawings.
Policy UF-5.7 Level of Service (LOS). To promote complete streets and provide safe mobility for all users throughout the entire SEDA, streets will be designed with no more than four through lanes and a continuous two-way left-turn land (portions of Jensen and Temperance Avenues may have more than four lanes). In addition, these LOS standards are complemented by several other transportation related policies to reduce overall vehicle miles traveled (such as complete streets and transportation demand management). The following LOS standards apply to SEDA roadways:
• LOS ‘E’ for Arterials, Collectors, and Local (both intersection and segment operations) during peak traffic hours.
• LOS ‘F’ Exception. LOS ‘F’ in areas with ample transit, pedestrian, and/or bicycle options, including in and around the Mixed-Use Districts of the SEDA, City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
3.9-22 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx particularly if achieving a LOS with less delay would violate the four-lane maximum as described above.
Open Space, Schools, and Public Facilities
Objective OS-11 Provide the necessary levels of police and fire services in accordance with the City of Fresno General Plan.
Policy OS-11.1 Provision of Police Services. Provide police services in the SEDA in accordance with the policies of the City of Fresno General Plan. If deemed necessary, the City of Fresno Planning and Development Department, through coordination with public safety agencies, can make adjustments to these policies.
Policy OS-11.2 Provision of Fire Services. Provide fire services in the SEDA in accordance with the policies of the City of Fresno General Plan. If deemed necessary, the City of Fresno Planning and Development Department, through coordination with public safety agencies, can make adjustments to these policies.
Policy OS-11.3 Coordination with Police and Fire Departments. The City of Fresno Planning and Development Department shall work with the Police and Fire departments as appropriate to promote safe environments throughout the SEDA and ensure that services can be provided in a manner that is sensitive and responsive to the needs of the community. Coordination may address:
• Evaluation of design features for safety and crime prevention • Siting of police and fire substations
• Facilitation of citizen involvement processes
Greenhouse Gas Reduction and Conservation
Objective RC-1 Meet statewide targets set for greenhouse gas emissions reductions as set forth in the City’s updated GHG [greenhouse gas] Reduction Plan, adopted in 2021.
Policy RC-1.5 Waste Diversion, Recycling, and Energy Recovery. Establishing programs and actions that promote recycling and diversion of waste from landfills can reduce energy consumed in the transport and handling of waste material and can reduce the greenhouse gases that are emitted during the decomposition of organic waste.
The State of California has adopted increasingly stringent mandates for the percentage of solid waste that can be disposed in landfills. In addition, certain landfills have been mandated to install methane capture systems to result in greenhouse gas reductions from these sources. The effects of methane are powerful—as it is 21 times more effective than carbon dioxide in retaining heat in the atmosphere. Methane can be flared, producing mainly carbon dioxide or used in combustion devices to generate heat or power that can be used for productive City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
FirstCarbon Solutions 3.9-23
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx purposes displacing the use of fossil fuels. The following policies are recommended in the SEDA to reduce GHGs and conserve energy:
1. Maintain current targets for recycling and re-use of all types of waste material in the City and enhance waste and wastewater management practices to reduce natural resource consumption, including the following measures:
a) Continue to require recyclable material collection and storage areas in all residential development.
b) Establish recycling collection and storage area standards for commercial and industrial facilities to size the recycling areas according to the anticipated types and amounts of recyclable material generated. c) Provide educational materials to residents on how and what to recycle and how to dispose of hazardous waste.
d) Provide recycling canisters and collection in public areas where trash cans are also provided.
e) Institute a program to evaluate major waste generators and identify recycling opportunities for their facilities and operations. f) Continue to partner with the California Integrated Waste Management Board on waste diversion and recycling programs and the CalMax (California Materials Exchange) program.
g) Evaluate the feasibility of a residential, restaurant and institutional food waste segregation and recycling program, to reduce the amount of organic material sent to landfill and minimize the emissions generated by decomposing organic material.
h) Evaluate the feasibility of “carbon footprinting” for the City’s wastewater treatment facilities, biomass and composting operations, solid waste collection and recycling programs.
i) Expand yard waste collection to divert compostable waste from landfills. j) Study the feasibility and cost-benefit analysis of a municipal composting program to collect and compost food and yard waste, including institutional food and yard waste, using the resulting compost matter for City park and median maintenance.
2. Create a strategic and operations plan for fulfilling the City Council resolution committing the City of Fresno to a Zero Waste goal.
3. Continue to pursue opportunities to reduce air pollution by using methane gas from the old City landfill and the City’s wastewater treatment process.
Objective RC-5 Protect surface and groundwater supplies from major sources of pollution.
Policy RC-5.2 Hazardous Materials. Prevent contamination of the groundwater table and surface water resources and discourage all pesticide use for agricultural and landscaping uses within the SEDA.
• Signage: Install appropriate signage to deter the discharge of hazardous materials into storm drains.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
3.9-24 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx • Pollution Prevention: Provide information to SEDA residents on appropriate ways to dispose of hazardous materials and chemicals.
• Pesticide Reduction: Discourage all pesticide use for agricultural and landscaping uses within the SEDA.
• Remediation: Encourage rapid cleanup of contaminated groundwater consistent with applicable laws and regulations.
City of Fresno Municipal Code
Chapter 15 Article 25 of the Municipal Code outlines performance standards related to site and facility maintenance, noise, air contaminants, waste, and fire hazards to provide control measures to protect the community form nuisances, hazards, and objectionable conditions.
Chapter 15 Article 27 of the Municipal Code establishes standards for specific uses and activities. It provides regulations for the use and storage of pesticides, fertilizers, and hazardous materials, and for hazardous waste management facilities, and for use of hazardous materials in residences. It requires the preparation of a Hazardous Materials Plans for some uses.
3.9.4 - Methodology
Impacts related to hazards and hazardous materials resulting from implementation of the Specific Plan are discussed below. The following impact analysis is based on an assessment of baseline conditions for the Plan Area, including locations of hazardous materials use and storage through a review of various databases identifying existing contaminated sites and City emergency response and evacuation plan requirements. This analysis identifies potential impacts based on the interaction between the affected environment and construction, operation, and maintenance activities related to future development that could occur under the proposed project.
3.9.5 - Thresholds of Significance
The Lead Agency utilizes the criteria in the California Environmental Quality Act (CEQA) Guidelines Appendix G Environmental Checklist as thresholds to determine whether impacts hazards and hazardous materials are significant environmental effects.
Appendix G to the CEQA Guidelines is a sample Initial Study Checklist that includes questions for determining whether impacts to resources are significant. These questions reflect the input of planning and environmental professionals at the Governor’s Office of Planning and Research and the California Natural Resources Agency, based on input from stakeholder groups and experts in various other governmental agencies, nonprofits, and leading environmental consulting firms. Accordingly, the City has derived its significance criteria, based in part on the questions posed in Appendix G.
These significance criteria are as follows:
The proposed project would be considered significant if the project would:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx 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.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. 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.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working the project area. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.
g) Expose people or structures, either directly or indirectly to a significant risk of loss, injury, or death involving wildland fires.
3.9.6 - Project Impacts and Mitigation Measures
This section discusses potential impacts associated with the development of the project and provides mitigation measures where appropriate.
Routine Transport, Use, or Disposal of Hazardous Materials Impact HAZ-1: The proposed project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
Impact Analysis
Buildout under the proposed project would include new development, infill development, and intensification of land uses within the Plan Area. Therefore, existing structures within the Plan Area may need to be demolished and new buildings will be constructed. Identification of hazardous materials or conditions would occur during subsequent CEQA review of any future discretionary projects.
Construction
Construction activities, including demolition and grading, could expose persons working or living in the Plan Area to potentially hazardous materials including but not limited to asbestos and lead from LBP as well as known or potentially unknown hazardous substances present in the soil or groundwater. Various federal, State, and local regulations and guidelines pertaining to the abatement of, and protection from, exposure to hazardous materials during construction activity.
These requirements include San Joaquin Valley Air Pollution Control District (Valley Air District) requirements for demolitions and renovations; Construction Safety Orders 1529 (pertaining to asbestos) and 1532.1 (pertaining to lead) from Title 8 of the California Code of Regulations, Part 61, Subpart M of the Code of Federal Regulations (pertaining to asbestos); and lead exposure guidelines City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
3.9-26 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx provided by the Department of Housing and Urban Development (HUD). Asbestos and lead abatement must be performed and monitored by contractors with appropriate certifications from the State Department of Health Services. In addition, Cal/OSHA has regulations concerning the use of hazardous materials, including requirements for safety training, availability of safety equipment, hazardous materials exposure warnings, and emergency action and fire prevention plan preparation.
Cal/OSHA enforces the hazard communication program regulations, which include provisions for identifying and labeling hazardous materials, describing the hazards of chemicals, and documenting employee training programs. All demolition that could result in the release of lead and/or asbestos must be conducted according to Cal/OSHA standards.
As described above in Section 3.9.2, there are sites containing hazardous materials located throughout the Plan Area, which pose potential health hazards. However, new development on contaminated areas that would occur as a result of the proposed project would be required to be remediated (i.e., cleaned up) prior to the commencement of construction activities. These activities would be under the supervision of DTSC, the City and County of Fresno, and/or RWQCB, depending on the site characteristics. Potential soil contamination in these areas must be properly identified and cleaned up prior to any development activities on any of these sites to prevent exposure of people and the environment to these hazards. Similarly, if groundwater contamination has been identified, remediation activities would be required by the RWQCB, DTSC, or other appropriate regulatory agency prior to the start of any new construction activities.
Operation
As described above, hazardous materials related to the agriculture industry and agriculture related businesses are routinely transported and used within the Plan Area. Residential and public facilities use small quantities of hazardous materials, such as paints or cleaning supplies. Federal, State, and local agencies maintain records of facilities that use large quantities of hazardous materials or generate hazardous waste. The use of certain hazardous materials necessitates a risk management plan to prevent hazardous materials from impacting the surrounding area.
Implementation of the proposed project would result in the continued use and storage of hazardous materials, including common cleaning products, building maintenance products, paints and solvents, and other similar items. However, these items would not be used in large enough quantities to pose a significant risk to the public or the environment. Furthermore, the quantity of large agricultural operations and associated hazardous materials would be reduced as a result of the proposed project.
Additionally, pursuant to Health and Safety Code, Division 20, Chapter 6.95, Section 25507, a hazardous materials business plan would be required for facilities that store, use, or handle high quantities of hazardous materials. In general, hazardous materials business plans provide guidance to firefighters, health officials, planners, public safety officers, and health care providers in the event of an emergency. Implementation of a hazardous materials business plan would prevent hazards from impacting the public or the environment in the event that a hazardous material is released. The Fresno County Health Department’s CUPA is responsible for monitoring compliance with hazardous materials business plans, as well as other regulatory programs such as the operation of USTs and hazardous waste treatment and disposal.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
FirstCarbon Solutions 3.9-27
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx All future development under the Specific Plan must also adhere to applicable General Plan policies intended to reduce potential project-specific impacts regarding routine transport, use, or disposal of hazardous materials, including Objective NS-4, Policies NS-4-a through NS-4-g, and Policy NS-4-I, as described in Section 3.9.3, Regulatory Framework, above.
Additionally, the Specific Plan contains proposed policies that would further minimize risk to the public or environment resulting from the transportation, use, or disposal of hazardous materials. For example, Policy RC-5.2 aims to prevent contamination of the groundwater table and surface water resources and discourage all pesticide use for agricultural and landscaping uses within SEDA through the use of signage, provision of pollution prevention information to SEDA residents and remediation actions.
Any future individual development projects that involve the transport, use, or disposal of hazardous materials would be subject to existing federal, State, and local regulations outlined in Section 3.9.3 Regulatory Framework. Regulatory programs overseen/administered by the local CUPA, as well as compliance with applicable laws, regulations, and policies, would ensure hazardous impacts associated with the routine transport, use, or disposal of hazardous materials are less than significant. Thus, at the programmatic level, impacts would be less than significant. Consistent with the General Plan and the proposed Specific Plan policies, individual development projects would be required to undergo project-specific environmental review, which may require additional site-specific measures to reduce any potential impacts and ensure that impacts remain less than significant.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
Risk of Upset
Impact HAZ-2: The proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment.
Impact Analysis
Implementation of the Specific Plan would result in continued use and storage of hazardous materials, including household cleaning products, paints, solvents, building maintenance products, etc. Furthermore, as illustrated in Table 3.9-1 and Table 3.9-2, some sites within the Plan Area have residual contamination that may require remediation. In addition, if existing structures are demolished to accommodate new development, hazardous building materials such as ACM or LBP could be encountered. Transport of hazardous materials is likely to continue to occur on SR-180.
Therefore, there is a potential for accidental release of hazardous materials within the Plan Area.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
3.9-28 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx The Fresno Fire Department (FFD) has a Hazardous Materials Response Team (HMRT) that handles hazardous materials incidents within the City and consists of 60 personnel.12 The FFD HMRT ensure that the community receives a robust, competent Level of Service (LOS) provided in the event of an accidental hazardous material release. Furthermore, all new development resulting from the proposed project that would handle, store, produce, or dispose of hazardous materials would be subject to federal, State, and local regulations outlined in Section 3.9.3, Regulatory Framework.
Furthermore, the SEDA Specific Plan proposes primarily residential and mixed-use land uses that are not expected to use and store large quantities of hazardous materials.
Additionally, future development under the Specific Plan would be required to adhere to applicable General Plan policies intended to reduce potential project-specific impacts, including Objective NS-4, Policies NS-4-a through NS-4-g, and Policy NS-4-I, as described in Section 3.9.3, Regulatory Framework, above.
However, the sites identified in Table 3.9-1 and Table 3.9-2 includes contaminated properties owned by multiple property owners. Contaminated properties within the Plan Area would be remediated and developed in accordance with regulatory requirements. However, the cleanup process also would be subject to case-by-case considerations, with regulatory actions and oversight subject to agency-owner interactions and negotiations. While compliance with applicable federal, State, and local standards (including the hazardous materials policies under General Plan Objective NS-4) requires sites contaminated with hazardous materials to be cleaned up, the redevelopment of these or other future sites where hazardous materials are unknown could create a significant impact to future occupants of the Plan Area and/or construction workers. Therefore, the following project- specific mitigation measures regarding hazardous materials would reduce potential impacts regarding the creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving release of hazardous materials into the environment: Mitigation Measure (MM) HAZ-2a through MM HAZ-2h.
MM HAZ-2a requires new development to prepare a Phase I Environmental Site Assessment (Phase I ESA), which would identify Recognized Environmental Conditions (RECs) and become the basis for potential recommendations for follow-up investigation. MM HAZ-2b requires a Phase II ESA to be prepared to further evaluate RECs determined in the Phase I ESA. MM HAZ-2c requires additional Phase II ESAs to be prepared in the event that the initial Phase II ESA describes site characteristics that require further investigation. MM HAZ-2d requires site remediation in the event that the Phase II ESA(s) find concentrations of hazardous materials exceeding regulatory thresholds. MM HAZ-2e requires the use of an Environmental Site Management Plan (ESMP), when applicable. MM HAZ-2f provides requirements for sites with potential residual volatile organic compounds (VOCs) in soil, soil gas, or groundwater that are planned for redevelopment with an overlying occupied building. MM HAZ-2g provides requirements for demolitions when ACM and LBP may be present. Finally, MM HAZ- 2h provides requirements that must be followed in the event that soils with toxic or hazardous materials concentrations that exceed applicable Environmental Screening Levels are found.
12 City of Fresno. Fire Suppression. Website: https://www.fresno.gov/fire/fire-suppression/. Accessed May 19, 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
FirstCarbon Solutions 3.9-29
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-09 Hazards.docx In addition to the above referenced MM HAZ-2a through MM HAZ-2h, any future individual development projects that involve the transport, use, or disposal of hazardous materials would be subject to existing federal, State, and local regulations outlined in Section 3.9.3 Regulatory Framework as well as regulatory programs overseen/administered by the local CUPA. Compliance with the laws and regulations referenced above under Impact HAZ-1, would ensure hazardous impacts from development of the proposed Plan related to the creation of a possible hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment are anticipated to be less than significant.
Consistent with the General Plan and proposed Specific Plan policies, individual development projects would be required to undergo project-specific environmental review, which may require additional site-specific measures to reduce any potential impacts and ensure that impacts remain less than significant.
Level of Significance Before Mitigation
Potentially significant.
Mitigation Measures
MM HAZ-2a Prior to the issuance of a grading permit, the property owners and/or developers of properties shall ensure that a Phase I Environmental Site Assessment (Phase I ESA) (performed in accordance with the current Airborne Toxic Control Measures [ATCM] Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process [E 1527]) shall be conducted for each individual property prior to development or redevelopment to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Conditions (HRECs), and Potential Environmental Concerns (PECs) relevant to the property under consideration. The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for follow-up investigation, if found to be warranted.
MM HAZ-2b In the event that the findings and conclusions of the Phase I Environmental Site Assessment (Phase I ESA) for a property result in evidence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Conditions (HRECs) and/or Potential Environmental Concerns (PECs) warranting further investigation, the property owners and/or developers of properties shall ensure that a Phase II ESA shall be conducted to determine the presence or absence of a significant impact to the subject site from hazardous materials. The Phase II ESA may include but may not be limited to the following: (1) Collection and laboratory analysis of soils and/or groundwater samples to ascertain the presence or absence of significant concentrations of constituents of concern; (2) Collection and laboratory analysis of soil vapors and/or indoor air to ascertain the presence or absence of significant concentrations of volatile constituents of concern; and/or (3) Geophysical surveys to ascertain the presence or absence of subsurface features of concern such as underground storage tanks (USTs), drywells, drains, plumbing, and septic systems. The findings and conclusions of the Phase II ESA shall become the City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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MM HAZ-2c In the event the findings and conclusions of the Phase II Environmental Site Assessment (Phase II ESA) reveal the presence of significant concentrations of hazardous materials warranting further investigation, the property owners and/or developers of properties shall ensure that site characterization shall be conducted in the form of additional Phase II ESAs in order to characterize the source and maximum extent of impacts from constituents of concern. The findings and conclusions of the site characterization shall become the basis for formation of a remedial action plan and/or risk assessment.
MM HAZ-2d If the findings and conclusions of the Phase II Environmental Site Assessment (Phase II ESA), site characterization and/or risk assessment demonstrate the presence of concentrations of hazardous materials exceeding regulatory threshold levels, prior to the issuance of a grading permit, property owners and/or developers of properties shall complete site remediation and potential risk assessment with oversight from the applicable regulatory agency including, but not limited to, the California Environmental Protection Agency (Cal/EPA) Department of Toxic Substances Control (DTSC) or Regional Water Quality Control Board (RWQCB), and Fresno County Environmental Health Division (FCEHD). Potential remediation could include the removal or treatment of water and/or soil. If removal occurs, hazardous materials shall be transported and disposed at a hazardous materials permitted facility.
MM HAZ-2e Prior to the issuance of a building permit for an individual property within the Plan Area with residual environmental contamination, the agency with primary regulatory oversight of environmental conditions at such property ("Oversight Agency") shall have determined that the proposed land use for that property, including proposed development features and design, does not present an unacceptable risk to human health, if applicable, through the use of an Environmental Site Management Plan (ESMP) that could include institutional controls, site-specific mitigation measures, a risk management plan, and deed restrictions based upon applicable risk-based cleanup standards. Remedial action plans, risk management plans and health and safety plans shall be required as determined by the Oversight Agency for a given property under applicable environmental laws, if not already completed, to prevent an unacceptable risk to human health, including workers during and after construction, from exposure to residual contamination in soil and groundwater in connection with remediation and site development activities and the proposed land use.
MM HAZ-2f For those sites with potential residual volatile organic compounds (VOCs) in soil, soil gas, or groundwater that are planned for redevelopment with an overlying occupied building, a vapor intrusion assessment shall be performed by a licensed environmental professional. If the results of the vapor intrusion assessment indicate the potential for significant vapor intrusion into the proposed building, the project City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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MM HAZ-2g In the event of planned renovation or demolition of residential and/or commercial structures on the subject site, prior to the issuance of demolition permits, asbestos and lead-based paint (LBP) surveys shall be conducted in order to determine the presence or absence of asbestos-containing materials (ACM) and/or LBP . Removal of friable ACM, and non-friable ACMs that have the potential to become friable, during demolition and/or renovation shall conform to the standards set forth by the National Emissions Standards for Hazardous Air Pollutants (NESHAPs).
The San Joaquin Valley Air Pollution Control District (Valley Air District) is the responsible agency on the local level to enforce the NESHAPs and shall be notified by the property owners and/or developers of properties (or their designee(s)) prior to any demolition and/or renovation activities. If asbestos-containing materials are left in place, an Operations and Maintenance Program (O&M Program) shall be developed for the management of asbestos-containing materials (ACM).
MM HAZ-2h Prior to the import of a soil to a particular property within the Plan Area as part of that property’s site development, such soils shall be sampled for toxic or hazardous materials to determine whether concentrations exceed applicable Environmental Screening Levels for the proposed land use at such a property, in accordance with Regional Water Quality Control Board (RWQCB), the Fresno County Environmental Health Division (FCEHD), and the California Department of Toxic Substances Control (DTSC), including but not limited to the DTSC 2001 Information Advisory Clean Imported Fill Material Fact Sheet, which identifies land use activities appropriate for a fill material source area and provides guidelines for types of analyses to be performed, prior to importing to such a property.
Level of Significance After Mitigation
Less than significant impact with mitigation incorporated.
Hazardous Emissions Proximate to a School
Impact HAZ-3: The proposed project could emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
Impact Analysis
Presently, the Lone Star Elementary School, located in the southern portion of the Plan Area, is the only school in the Plan Area. However, Clovis Unified School District is constructing an educational City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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The SEDA Specific Plan proposes to build schools within Neighborhood Town Centers, which are shown in Chapter 2, Project Description, Exhibit 2-2. The proposed project aims to provide nearly all homes to be within walking distance of an elementary school. However, the exact location of future school developments is not known at this time.
As illustrated in Table 3.9-1 and Table 3.9-2, some sites within the Plan Area have residual contamination that may require remediation. Therefore, development under the proposed project could include land uses, or could include disturbance of existing hazardous cleanup sites, which have the potential to emit hazardous emissions or handle hazardous materials and substances. It is anticipated that future development under the proposed project could occur within 0.25 mile of an existing or future school.
However, any future individual development projects that involve the transport, use, or disposal of hazardous materials would be subject to existing federal, State, and local regulations outlined in Section 3.9.3, Regulatory Framework. Future individual projects would be subject to City review and an environmental site assessment would be required for proposed projects sited near schools.13 Additionally, future development under the Specific Plan would be required to adhere to applicable General Plan policies intended to reduce potential project-specific impacts, including Objective NS-4, Policies NS-4-a through NS-4-g, and Policy NS-4-I, as described in Section 3.9.3, Regulatory Framework, above. The Specific Plan contains proposed policies that would further minimize risk of emissions of hazardous materials near schools. For example, Policy RC-5.2 aims to prevent contamination of the groundwater table and surface water resources and discourage all pesticide use for agricultural and landscaping uses within SEDA through the use of signage, provision of pollution prevention information to SEDA residents and remediation actions.
Moreover, implementation of the project-specific mitigation measures discussed under Impact HAZ- 2, MM HAZ-2a through MM HAZ-2h, would further reduce impacts to schools. As stated in the discussions of Impacts HAZ-1 and HAZ-2, all future development under the proposed project would be required to achieve compliance with existing federal, State, and local regulations, procedures, and policies would avoid potential impacts associated with hazardous materials handling, use, and storage in the Plan Area. Compliance with these regulations, procedures, and policies would ensure that hazardous materials are properly handled, thereby reducing potential risks to nearby schools. At the programmatic level, impacts related to the handling of hazardous materials near a school would be reduced to a less than significant level with the implementation of MM HAZ-2a through MM HAZ- 2h.
13 California Department of Education. School Site Selection and Approval Guide. Website:
https://www.cde.ca.gov/ls/fa/sf/schoolsiteguide.asp#emissions. Accessed May 19, 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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Potentially significant impact.
Mitigation Measures
Implementation of MM HAZ-2a through MM HAZ-2h.
Level of Significance After Mitigation
Less than significant impact with mitigation incorporated.
Government Code Section 65962.5 Sites
Impact HAZ-4: The proposed project could 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, could create a significant hazard to the public or the environment.
Impact Analysis
As illustrated in Table 3.9-1 and Table 3.9-2, some sites within the Plan Area have residual contamination, including contamination from VOCs, diesel, gasoline, various metals, pesticides, herbicides, PCBs, and other chemicals. For a majority of these properties, remediation to mitigate potential impacts is complete and the cases are marked as closed. However, some of the sites have open cases and additional action is recommended. Remediation is meant to clean up contaminated sites and reduce concentrations of chemicals to a level to a certain human health risk threshold. For a site to be developed, a regulatory agency must confirm that the site has been remediated properly and the contamination has been reduced to a safe level.
Contaminated sites are regulated on an individual basis in accordance with applicable federal, State, and local procedures and standards. However, regulatory actions are subject to agency-owner negotiations. Additionally, future development resulting from the Specific Plan could occur on sites where hazardous materials are unknown. This would create a potentially significant impact.
However, as further discussed under Impact HAZ-2, implementation of the project-specific mitigation measures discussed under Impact HAZ-2, MM HAZ-2a through MM HAZ-2h, would reduce impacts related to these sites to a less than significant level. Consistent with the General Plan and proposed Specific Plan policies, individual development projects would be required to undergo project-specific environmental review, which may require additional site-specific measures to reduce any potential impacts and ensure that impacts remain less than significant.
Level of Significance Before Mitigation
Potentially significant impact.
Mitigation Measures
Implementation of MM HAZ-2a through MM HAZ-2h.
Level of Significance After Mitigation
Less than significant impact with mitigation incorporated.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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Impact HAZ-5: 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, the proposed project would not result in a safety hazard or excessive noise for people residing or working the project area.
Impact Analysis
As described above, Fresno Yosemite International Airport is located approximately 2 miles from the Plan Area, along East Clinton Way. According to the Fresno Yosemite International Airport Safety Compatibility Zones Map, a small portion of the Plan Area is located within the 60 dB CNEL contour.
14 A Larger portion of the Plan Area is located within the Traffic Pattern Zone.15 The 2018 Fresno County Airport Land Use Compatibility Plan (ALUCP) is the plan that governs land use compatibility around Fresno Yosemite Airport. State law establishes that the Fresno County Airport Land Use Commission (ALUC) is one of the review authorities for new land use plans in the Airport Influence Area (AIA). Therefore, ALUC review of the Specific Plan is required. The ALUC advises the City on land use designations in terms of noise, safety, and airspace hazards. The ALUC found the proposed project to be consistent with the ALUCP on August 7, 2023. Therefore, at the programmatic level, impacts to the Plan Area would be less than significant. Consistent with the General Plan and SEDA Specific Plan policies, individual development projects would be required to undergo project-specific environmental review, which may require additional site-specific or project- specific airport land use compatibility measures to reduce any potential impacts and ensure that impacts remain less than significant.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
Emergency Response and Evacuation
Impact HAZ-6: The proposed project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.
Impact Analysis
The Fresno Police Department (FPD) and FFD are the lead agencies for all local emergency response efforts. In addition, the City’s full-time Emergency Preparedness Officer (EPO) is responsible for ensuring that Fresno’s emergency response plans are up-to-date and implemented properly. The
14 Fresno Council of Governments (COG). Airport Land Use Compatibility Plan. Exhibit D2 Future Noise Contours. Fresno Yosemite International Airport. Website: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/04/ALUCP-Fresno-Yosemite- International-Airport.pdf. Accessed May 17, 2022.
15 Fresno Council of Governments (COG). Airport Land Use Compatibility Plan. Exhibit D1- Fresno Yosemite Intl. – Airport Influence Area and Safety Zones. Website: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/04/ALUCP-Fresno-Yosemite- International-Airport.pdf. Accessed May 17, 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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Furthermore, the Specific Plan includes various proposed policies that would reduce impacts in case of an emergency. Policy UF-5.1 requires implementation of the Major Circulation Plan, which would improve traffic circulation within the Plan Area in case of an emergency. Policy UF-5.6 sets criteria for vehicle travel facilities. Policy UF-5.7 sets LOS standards. Policy OS-11.1, and Policy OS-11.2, and Policy OS-11.3 require the provision of adequate police and fire services in the SEDA in accordance with the policies of the General Plan and require that the Planning Department work with police and fire departments during buildout of the SEDA Specific Pan to ensure services are responsive to community needs.
At the programmatic level, impacts to the Plan Area would be less than significant. Consistent with the General Plan and SEDA Specific Plan policies, individual development projects would be required to undergo project-specific environmental review, which may require additional site-specific or project-specific measures to reduce any potential impacts and ensure that impacts remain less than significant.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
Wildland Fires
Impact HAZ-7: The proposed project would not expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires.
Impact Analysis
CAL FIRE designates the Plan Area as an LRA.17,18 The San Joaquin River Bluffs area is identifies as having a high fire risk because it is steep terrain. However, the Plan Area is located approximately 9 miles southeast of this area.
Although portions of the City or nearby areas are designated as having high fire hazard severity, the primarily agricultural land in the Plan Area is actively managed and cultivated and therefore does not
16 City of Fresno. Mayor’s Office. Emergency Preparedness. Website: https://www.fresno.gov/mayor/emergency-preparedness/.
Accessed May 19, 2022.
17 California Department of Forestry and Fire Protection (CAL FIRE). 2007. Draft Fire Hazard Severity Zones in LRA. Fresno County.
Website: https://osfm.fire.ca.gov/media/6673/fhszl06_1_map10.pdf. Accessed May 17, 2022. 18 City of Fresno. 2018. Fresno County Multi-Hazard Mitigation Plan. Figure 4.52 Fresno County’s Wildfire Severity Zones. Website:
https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/12/FresnoCountyHMPFinal.pdf. Accessed March 21, 2023.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
3.9.7 - Cumulative Impacts
The geographic context for an analysis of cumulative impacts related to hazards and hazardous materials is the Plan Area as well as the rest of the City and adjacent communities in the City of Clovis and unincorporated Fresno County. This analysis evaluates whether the impacts of the proposed project, together with the impacts of cumulative development, would result in a cumulatively significant impact related to hazards and hazardous materials. This analysis then considers whether incremental contribution to cumulative impacts associated with the implementation of the proposed project would be significant. Both conditions must apply for a project’s cumulative effects to rise to a level of significance. If both conditions apply, this analysis will then evaluate feasible cumulative mitigation that would reduce cumulative effects. If one or both conditions do not apply, cumulative impacts would be less than significant, and no cumulative mitigation is necessary.
Hazards and Hazardous Materials
Cumulative projects would be subject to the requirements and regulations set forth by the EPA, OSHA, USDOT, DTSC, Caltrans, CHP , and the San Joaquin Valley Air Pollution Control District (Valley Air District) related to transport, use, and disposal of hazardous materials. Accordingly, cumulative development would not result in physical changes that would result in a significant environmental effect. Cumulative projects will also be required to comply with the California Code of Regulations during construction, site grading, excavation operations, and building demolition. For these reasons, cumulative projects would have a less than significant cumulative effect.
Moreover, the Specific Plan’s incremental contribution to the less than significant cumulative impacts would not be significant. As previously discussed, development under the Specific Plan would result in additional residential and nonresidential development, as well as other private and public improvements throughout the Plan Area, which could result in an increase in the routine transportation, use, and disposal of hazardous materials. Potential impacts would be reduced to below a level of significance, as discussed above, because construction must comply with the California Code of Regulations and implement a Storm Water Pollution Prevention Plan (SWPPP) to prevent hazardous materials spills and protect public safety, and all future development would implement
MM HAZ-2a through MM HAZ-2h.
To ensure that development consistent with the Specific Plan results in a less than significant contribution to cumulative impacts, applications for development would be reviewed by the City for compliance with existing General Plan policies and actions and the proposed Specific Plan policies to City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hazards and Hazardous Materials
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Accordingly, development under the Specific Plan would not result in physical changes that would incrementally contribute to a significant environmental effect. For these reasons, the proposed project’s contribution to cumulative impacts would be considered less than significant.
Airport Safety Hazards
Cumulative projects would be subject to the requirements and regulations set forth by the Fresno Yosemite International Airport ALUCP and FAA related to the exposure of people residing or working in the area to a safety hazard or excessive noise. Cumulative projects would also be required to comply with the existing General Plan policies, proposed Specific Plan policies, and Municipal Code regulations related to interior noise standards and maximum building heights. For these reasons, cumulative projects would have a less than significant effect.
Moreover, the Specific Plan’s incremental contribution to cumulative impacts would not be significant. As previously discussed, development under the Specific Plan would result in additional residential and nonresidential development, as well as other private and public improvements throughout the Plan Area, which could result in an increase in the exposure of people residing or working in the area to a safety hazard or excessive noise. Potential impacts would be reduced to below a level of significance, as discussed above, because future projects would be required to comply with the policies and actions within the General Plan and the Municipal Code regarding interior noise standards and maximum building heights permitted under Federal Aviation regulations. To ensure a less than significant contribution to cumulative impacts, development consistent with the Specific Plan will be required to implement all applicable policies during the design review process. As the City receives development applications for subsequent development under the Specific Plan, those applications would be reviewed by the City for compliance with General Plan policies and actions as well as the Municipal Code to further reduce potential impacts related to the exposure of people residing or working in the area to a safety hazard or excessive noise.
Emergency Response and Evacuation Plan
Cumulative impacts related to emergency response and evacuation plans would be less than significant. The City’s Police and Fire Departments manage and maintain emergency plans and training of City staff and community members and focuses on activities that will prepare the community to take care of itself in the period immediately following a local disaster. Adjacent jurisdictions also have emergency response plans and emergency evacuation plans. Furthermore, larger regional and statewide resource areas are regulated by State agencies to address larger-scale statewide issues. For these reasons, cumulative impacts associated with emergency response and evacuation plans are less than significant.
Moreover, the Specific Plan’s incremental contribution to these less than significant cumulative impacts would not be significant. To ensure a less than significant contribution to cumulative impacts, development consistent with the Specific Plan would be required to implement all City of Fresno—Fresno Southeast Development Area Specific Plan Project Hazards and Hazardous Materials Recirculated Draft Program EIR
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Level of Cumulative Significance Before Mitigation
Less than significant impact.
Cumulative Mitigation Measures
None required.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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3.10 - Hydrology and Water Quality
3.10.1 - Introduction
This section describes the existing hydrology and water quality setting and potential effects of project implementation on the Plan Area and its vicinity. Descriptions and analysis in this section are based, in part, on the 2020 Urban Water Management Plan (UWMP), the Fresno Metropolitan Flood Control District (FMFCD) 2016 District Services Plan, and the 2019 North Kings Groundwater Sustainability Plan (North Kings GSP).
As further discussed in Chapter 1, Introduction, 36 public comments were received during the Draft Program Environmental Impact Report (Draft PEIR) scoping period related to the project’s potential hydrologic impacts:
• Identifies locations within the Plan Area that are within Special Flood Hazard Areas, which would be subject to Fresno County Ordinance Code Title 15, Chapter 15.48 as well as Federal Emergency Management Agency (FEMA) flood elevation requirements as applicable. • States that any construction within or near a stream will require a clearance from the California Department of Fish and Wildlife (CDFW) and Streambed Alternation Agreement if buildout would result in alteration or degradation.
• Recommends that any improvements constructed within or near a canal should be coordinated with the owners of the canal/appropriate agency. • Recommends that the FMFCD be consulted regarding future development near flood drainage basins.
• Identifies that any future development under the Southeast Development Area (SEDA) Specific Plan that would be greater than 1 acre would be required to obtain a National Pollutant Discharge Elimination System (NPDES) permit and produce a Storm Water Pollution Prevention Plan (SWPPP).
• States that any grading will require either an engineered grading and drainage plan, road improvement plan, permit, or voucher and must comply with the City of Fresno (City) standards/requirements.
• States that Fresno County (County) has a water- providing Community Service Area (CSA) (CSA 14) which is interested in connecting to the City’s water system and that the County has several road CSAs within the Plan Area.
• Identifies the Fresno Irrigation District (FID) canals in the Plan Area. • States that many of the existing facilities will need to be upgraded to meet the current urban standards or relocated by the developer to accommodate new urban developments, which will require new pipelines and new exclusive easements. • Requires that all open channels and existing pipelines impacted by the project area development be upgraded to meet FID’s current standards for urban, rural, and industrial areas.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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• Identifies that the FID facilities within the Plan Area carry irrigation water for FID users, recharge water for the City, and flood waters during winter months. • Requires that development within the Plan Area will not result in an increase in the City’s surface water allocation from FID.
• Requests that the Draft PEIR evaluate whether the City’s Water Master Plan needs to be updated and how the Cooperative Agreement between the City and FID may impact development within the Plan Area.
• Requests that the Draft PEIR evaluate whether previous projects proposed under the City’s Water Master Plan resulted in the benefits anticipated. • Requests that the Draft PEIR require that any future development minimize water demand and/or reduce impacts to groundwater.
• Requires that if any future development under SEDA that uses treated surface water during a period where the City has a deficit water supply or groundwater levels continue to drop, then the City must acquire additional water from a water purveyor as to not impact water supplies or exacerbate the deficit.
• Identifies that groundwater overdraft is an issue in the City and requires that the Draft PEIR evaluates the SEDA Specific Plan’s impact on groundwater resources. • States that approximately 4,200 acres of the Plan Area is outside the current FMFCD boundary and thus the FMFCD’s Sphere of Influence (SOI) will be adjusted to include the Plan Area. • Requires that all impacts to stormwater runoff created by increasing densities in developed area that affect the capacity of the existing Master Planned storm drainage system must be fully mitigated.
• States that FMFCD has studied the areas not currently located within a Master Planned Area and has located the tentative basin facilities in an attached Exhibit that must be incorporated in the SEDA Proposed Land Use Plan.
• States that the City, FMFCD, and the County are all currently covered as co-permittees for the Municipal Separate Storm Sewer System (MS4) discharges through the NPDES Permit and discusses procedure for future projects under SEDA for permitting. • Requests that all future California Environmental Quality Act (CEQA) review within the City, including the SEDA area, utilize the Guidance for Addressing Stormwater Quality for CEQA Review document.
• States that existing FMFCD policy requires post-development requirements for areas not served by stormwater basins or areas that discharge to sensitive waterbodies. Should future development under SEDA include sustainable infrastructure, coordination between the City and FMFCD must take place to ensure plans are suited to meet stormwater quality regulatory objectives and are compatible with drainage standards in the Fresno area.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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• Requires that future development provide any surface flowage easements or covenants for any portions of the developing area that cannot convey stormwater to public right-of-way without crossing private property.
• Requires that FMFCD review and approve the final improvement plans for all development (i.e., grading, street improvement, and storm drain facilities) within the boundaries of the proposed project to ensure consistency with the future Storm Drainage Master Plan. • Requires that a storm drain easement is obtained whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted, including, but not limited to, foundations, roof overhangs, swimming pools, and trees. • Requires that all future development verify that permanent drainage service is available with FMFCD to ensure that runoff can be safely conveyed to existing Master Plan facilities. • Encourages but does not require that roof drains from nonresidential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff.
• Requires that runoff from areas where industrial activities, product, or merchandise come into contact with and thus contaminate stormwater must be directed through landscaped areas or otherwise treated before discharging it off-site or into a storm drain. • Requests that the Draft PEIR accurately captures and analyzes baseline conditions and potentially significant project-specific and cumulative impacts within and adjacent to the planning area.
• Requests that the Draft PEIR identifies and adopts all feasible and enforceable mitigation measures that avoid and reduce negative impact.
• Requests that the Draft PEIR analyzes and creates mitigation measures consistent with all applicable laws, including State and federal fair housing, civil rights, and climate laws such as Senate Bill (SB) 743.
3.10.2 - Environmental Setting
Surface Hydrology
The City of Fresno is located in the Upper Dry Subbasin of the Tulare-Buena Vista Lakes Watershed.
The Tulare-Buena Vista Lakes Watershed generally consists of the drainage area of the San Joaquin Valley south of the San Joaquin River. This includes major population centers such as Fresno, City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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The San Joaquin River and the Kings River are the principal rivers that influence the hydrology in Fresno. The Kings River is connected to the San Joaquin River by the James Bypass, a manmade canal. Floodwater from the Kings River is diverted to the San Joaquin River; three dams control the flows on the two rivers. The Friant and Mendota Dams are located on the San Joaquin River. While these two dams provide some flood control, that was not their designed purpose; they were designed as reservoirs for municipal and agricultural irrigation supply. The Pine Flat Dam on the Kings River, however, was designed for flood control. There are also multiple reservoirs and detention basins that have been constructed to prevent flooding. These facilities include the Redbank Dam, Big Dry Creek Dam, Fancher Creek Dam, Redbank Creek, Pup Creek, and the Alluvial Drain Detention Basins. These facilities, along with the numerous canals, convey discharges throughout the City. These facilities were designed to protect developed areas from a 200-year storm event.
4 Surface Water Uses
Municipal Use
The City began using surface water as a source of potable water in 2004 with the activation of the Northeast Surface Water Treatment Facility (NESWTF). The facility, located at Chestnut and Behymer Avenues, is designed for a 30 million gallons per day (mgd) capacity and is planned to be expanded to a total of 60 mgd as development in the City continues. Surface water starts as snow melt in the Sierra Nevada before traveling down the San Joaquin and Kings Rivers via Millerton Lake and Pine Flat Reservoir. These serve as temporary storage locations before the surface water is delivered via the Enterprise Canal to the NESWTF, where the water is treated to drinking water standards. In 2017, the Friant-Kern Pipeline was completed, which allows water from the San Joaquin River to be
1 Central Valley Regional Water Quality Control Board (Central Valley RWQCB) Water Quality Control Plan for the Tulare Lake Basin.
Third Edition, May 2018.
2 California Department of Fish and Wildlife (CDFW). 2020. Biogeographic Information and Observation System (BIOS). Website:
https://wildlife.ca.gov/Data/BIOS. Accessed July 5, 2022. 3 United States Geological Survey (USGS). 2020. The National Map Advanced Viewer. Website: https://viewer.nationalmap.gov/ advanced-viewer/. Accessed July 5, 2022.
4 Fresno Metropolitan Flood Control District (FMFCD). 2016. 2016 District Services Plan.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx delivered directly to the NESWTF. This allows improved water quality, increased reliability, and greater flexibility in operating the facility. The City also completed construction of the Southeast Surface Water Treatment Facility (SESWTF), which is a 54 mgd facility with an ultimate capacity of 80 mgd.5 This included a 72-inch raw water transmission main to convey surface water from the FID’s Fresno Canal to the SESWTF.
Agricultural Use
FID serves a 383-square-mile area in the County, centered on metropolitan Fresno, with surface water from the Kings and San Joaquin Rivers for agricultural irrigation use.6 FID has historically diverted an average of 453,800 acre-feet per year (AFY) from 1964 to 2019 depending on type of hydrologic year.7
Project Site
As the Plan Area is located within the City’s SOI, it experiences similar surface hydrology. The Friant Dam is approximately 14 miles north and upstream from the Plan Area; the Mendota Dam is approximately 37 miles west and downstream from the Plan Area; and the Pine Flat Dam is approximately 16 miles east and upstream from the Plan Area.
There are a number of existing FID facilities that cross the Plan Area, including canals and pipelines; these include, from northeast to southwest: Redbank Creek, the Gould Canal, the Gray Colony Canal, Dog Creek, the Mill Canal, the Temperance Canal, the Fancher Creek Canal, the Briggs Canal, the East Branch West Branch Canal, the Hansen Canal, and the Armstrong Canal.
Some portions of the Plan Area are encompassed within FMFCD’s service area; however, a majority of the area is outside of the service boundary.
Surface Water Quality
San Joaquin River
The primary surface water feature in the City is the San Joaquin River, which generally serves as the City’s northern boundary. The San Joaquin River is 366 miles long, making it the largest river in Central California. Much of the water that flows through the San Joaquin River is used for irrigation.
The San Joaquin River has been identified by the Central Valley Regional Water Quality Control Board (Central Valley RWQCB) as having numerous beneficial uses, including municipal and domestic water supply, agricultural, industrial, recreational, freshwater and wildlife habitats, and migration and spawning grounds. Water quality in the San Joaquin River is affected by both natural and anthropogenic sources, including soil erosion, stormwater runoff, wastewater discharges, industrial, residential, and agricultural runoff, recreational activity, and flora and fauna. While the segment of the San Joaquin River in the City is not considered substantially impaired, downstream portions of the River throughout the Central Valley and near the Sacramento-San Joaquin Delta are affected by various constituents and pollutants, usually as a result of agricultural runoff; however, the portion of
5 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan. 6 Fresno Irrigation District (FID). 2022. From 850 to Now. Website: https://www.fresnoirrigation.com/history. Accessed July 5, 2017. 7 Water Systems Consulting, Inc. 2021. 2020 Urban Water Management Plan. Website: https://www.fresno.gov/publicutilities/wp- content/uploads/sites/16/2021/06/Fresno-2020-UWMP_Public-Draft_2021-06-29.pdf. Accessed July 5. 2022. .
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Kings River
The Kings River is also a significant source of surface water for the Central Valley. It is located approximately 25 miles south of the City on the southern border of Fresno County. The Kings River drains from the Sierra Nevada westward toward the City. The river is approximately 126 miles long and mainly supports agriculture and groundwater recharge operations in the Central Valley. Pine Flat Dam/Reservoir supports the regulation of flows from the river. The Kings River provides water to the City and its vicinity via FID infrastructure, including a system of weirs, canals, and channels. The water quality in the Kings River is generally of high quality in its upper reaches due to its origin within the Sierra Nevada mountains. The lower reaches, however, have elevated levels of salinity, molybdenum, toxaphene, chlorpyrifos, and additional unknown toxicities, as listed in the Clean Water Act 303(d) List maintained by the State Water Board. 9 The likely sources of the contaminants,
according to the Water Quality Control Plan for the Tulare Lake Basin, are either surface or subsurface agricultural drainage. The Basin Plan recommends several Best Management Practices (BMPs) to address the water quality issues.
Millerton Lake
Another prominent surface water feature in the Fresno area is Millerton Lake, which is located upstream and to the northeast of Fresno. Millerton Lake was created by the construction of Friant Dam on the San Joaquin River by the United States Bureau of Reclamation (USBR) in 1942. While Millerton’s secondary uses include recreation, hydroelectric power generation, and flood control, the primary purpose is the storage of irrigation water for the San Joaquin Valley. Millerton Lake is also included on the 2018 Impaired Water Bodies/303(d) List for mercury. 10 Other Surface Waters
A network of agricultural canals and flood control channels traverse through the City and the Plan Area. Numerous agricultural ponds, recharge basins, and other similar features are also located throughout the City.
Project Site
The Plan Area will be supplied by the same surface water sources from the City’s water supply system and, therefore, would be subject to the same surface water quality conditions for potable water supplies.
8 California State Water Resources Control Board (State Water Board). 2022 California Integrated Report (Clean Water Act Section 303(d) List and 305(b) Report). Website:
https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2020_2022_integrated_report.html. Accessed December 9, 2024.
9 Kings Basin Water Authority. 2018. Kings Basin Integrated Regional Water Management Plan. 10 California State Water Resources Control Board (State Water Board). 2018 California Integrated Report (Clean Water Act Section 303(d) List and 305(b) Report). Website:
https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2018_integrated_report.html. Accessed December 9, 2024.
.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx There are a number of FID and other canals and bodies of water located throughout the Plan Area, including Redbank Creek, the Gould Canal, the Gray Colony Canal, Dog Creek, the Mill Canal, the Temperance Canal, the Fancher Creek Canal, the Briggs Canal, the East Branch West Branch Canal, the Hansen Canal, and the Armstrong Canal. A portion of the Redbank Basin is located in the northwestern portion of the Plan Area, and the Fancher Creek Basin is located just outside the northeastern boundary of the Plan Area. No surface water bodies in or near the Plan Area are listed on the 303(d) List.
11 Groundwater Basin Hydrology
The City is within the Kings River Subbasin, which, along with six other subbasins, form the San Joaquin Valley Groundwater Basin. The San Joaquin Valley Groundwater Basin is located within the Tulare Lake Hydrologic Region, which spans approximately 10.9 million acres and includes most of Fresno County. The region encompasses the southern one-third of the Central Valley RWQCB. The Kings River Subbasin is generally bounded to the north by the San Joaquin River, to the east by the Sierra Nevada foothills, to the south by the southern fork of the Kings River, and to the west by the Delta-Mendota and Westside Subbasins.
12 Historically, the City has relied heavily on groundwater pumped from the underground basin and aquifers to meet its water demands. The City has a network of over 270 municipal water wells and operates approximately 202 active municipal supply wells that access groundwater from said basin.13 The production capacity from the active wells is approximately 403 mgd, and the total capacity including inactive wells is approximately 487 mgd.
14 The wells are located around the City, and most
are directly connected into the water distribution system. The City’s water system depended completely on groundwater as a water source until 2004, when the first Surface Water Treatment Facility (SWTF) was commissioned. Today, groundwater is still heavily relied upon as a primary water source for the City; however, the City is working to maximize the use of its surface water supplies to reduce future dependance on groundwater.
15 The City is located within the North Kings Groundwater Sustainability Agency (North Kings GSA), which is working to reach groundwater sustainability in accordance with the Sustainable Groundwater Management Act (SGMA). SGMA requires governments and water agencies of “critically overdrafted” basins to reach sustainability by 2040; the Kings River Subbasin was identified as a critically overdrafted basin. As a result, the City has placed a higher priority on developing its surface water supply and decreasing its reliability on groundwater to allow the basin to recharge.
The City actively works to recharge the groundwater basin. As a result of the City’s investment in other water supplies, groundwater levels in the City have begun to stabilize.16
11 California State Water Resources Control Board (State Water Board). 2022 California Integrated Report (Clean Water Act Section 303(d) List and 305(b) Report). Website:
https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2020_2022_integrated_report.html. Accessed December 9, 2024.
12 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan. 13 Ibid.
14 Ibid.
15 Ibid.
16 Ibid.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx The City replenishes groundwater by three methods: natural recharge, subsurface inflow, and intentional recharge.
Natural recharge occurs as precipitation, irrigation, canal, and/or stream flows infiltrate the soils and seep down to the water table to replenish the aquifer. Per the 2020 UWMP , the Kings Basin Integrated Groundwater and Surface Water Model (IGSM), completed in 2007, provides the best available information on the City’s groundwater yield. As such, the annual natural recharge from 1964 to 2004 was determined to be 42,700 AFY; however, this was projected to decline steadily from 2005 to General Plan buildout within the City’s SOI due to increased urbanization and development and a reduction in pervious surfaces. It can be noted though that, as future growth areas are annexed, the amount of natural recharge may increase. The UWMP estimated a total of 24,970 acre- feet (AF) of natural recharge for 2020, and projects that natural recharge will total 26,280 AF in the General Plan buildout year of 2035 and 26,790 AF by 2045, assuming groundwater characteristics are not altered due to climatic events or regulatory influences from SGMA.17 Subsurface recharge occurs from the movement of groundwater from external sources moving into the local aquifer. Subsurface water tends to flow from surrounding areas with a higher groundwater table than the City’s into the aquifer within the City’s SOI, including the Plan Area. It is likely that the subsurface inflow would increase with future annexation and development as the SOI is built out.
Per the 2020 UWMP , net subsurface inflow into the City’s SOI was determined to be 64,800 AFY annually for the period of 1964–2004. The UWMP estimated a total subsurface inflow for 2020 of 47,510 AF and projects that the total would reach 54,720 AF in 2035 and 59,530 AF in 2045, assuming groundwater characteristics are not altered due to climatic events or regulatory influences from SGMA.
18 Intentional recharge occurs by directing surface water into the underground aquifer with the use of groundwater recharge basins or wells. Fresno mainly uses recharge basins, which are located throughout the City, in an effort to offset declining groundwater levels and overdraft conditions. The City’s primary recharge facility is Leaky Acres, located northwest of the Fresno-Yosemite International Airport. It consists of 26 basins covering approximately 225 acres. Additionally, the City has agreements with the FMFCD and the FID to utilize their facilities (basins, canals, etc.) for additional groundwater recharge activities. According to the 2020 UWMP , the City recharged an average of approximately 60,000 AFY from 2000 to 2019. However, the amount has not historically been consistent and can fluctuate based on available surface water. This amount dropped to 34,700 AF in 2014 and to 19,800 AF in 2015. In 2019 though, the City recharged 82,993 AF, the highest amount within this measurement period. Per the City’s 2020 UWMP , the City will plan on increasing the amount of groundwater to be recharged gradually by 540 AFY each year moving forward when possible. During wet years, the City will recharge more water when it is available to help offset potential increased reliance on groundwater during dry years. The UWMP projects a total recharge volume of 60,000 AF starting in 2020, increasing to 68,100 AF in 2035 and 73,500 AF in 2045 during normal water years.
17 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan, Table 6-1, Components to Groundwater Yield for Normal Years.
18 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx The total groundwater recharge amount for 2020 was 132,480 AF (24,970 AF of natural recharge, 47,510 AF of subsurface inflow, and 60,000 AF of intentional recharge); the total projected groundwater recharge amount for 2035 is 149,100 AF (26,280 AF of natural recharge, 54,720 AF of subsurface inflow, and 68,100 AF of intentional recharge) and for 2045 is 159,820 AF (26,790 AF of natural recharge, 59,530 AF of subsurface inflow, and 73,500 AF of intentional recharge) during normal water years and assuming groundwater characteristics are not altered due to climatic events or regulatory influences from SGMA.19 Groundwater pumping has been greatly reduced since the activation of the first SWTF in 2004 and has only further declined as a result of a second SWTF; per the 2020 UWMP , groundwater pumping has decreased from 165,200 AFY in 2003 to 55,000 AF in 2020.20 Surface water has allowed the City to reduce its dependance on groundwater as a water supply. Prior to 2004, 100 percent of Fresno’s water demand was met with groundwater. In 2004, the City’s first SWTF, the NESWTF, was constructed and activated; it provided 10–15 percent of the City’s potable water demand from 2005–2014, and 15 percent from 2016–2020. With the addition of the T-3 Water Storage and modular Surface Water Treatment Facility (T-3 SWTF) in 2015 and the SESWTF in 2018, the City was able to provide greater than 50 percent of its potable water supply with surface water in 2019 and 2020.21 The City plans on expanding surface water treatment capacities and groundwater recharge activities to maintain the reduction in groundwater reliance.
Plan Area
The City Metropolitan Water Resources Management Plan (Metro Plan) and UWMP include several objectives, goals, and policies to improve and develop water infrastructure as development progresses in the City.
22 The critical focal points of the water system development are the implementation of further water conservation measures, installation of new municipal groundwater wells, increased groundwater recharge efforts to bring the City’s groundwater pumpage into balance with its recharge rate, maximized use of available surface water, increased use of recycled water for landscape irrigation and other nonpotable uses, and the acquisition of future water supplies when available.
At the time of preparation of this Recirculated Draft PEIR, the City is updating the Metro Plan to include revised and updated recommendations for water supply facilities for the Plan Area. Among these proposed improvements are new municipal groundwater wells to be drilled in the Plan Area, recharge inter-ties to FMFCD basins to facilitate groundwater recharge in the Plan Area, expansion of SWTFs, new water storage and booster pump sites, and new water mains.
Groundwater Quality
Groundwater quality throughout the Tulare Lake Hydrologic Region is generally suitable for most urban and agricultural uses and meets primary and secondary drinking water standards for municipal use. However, local impairments are found in the groundwater supply with high total dissolved solids (TDS), nitrate, arsenic, and organic compounds acting as the primary constituents of
19 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan, Table 6-1, Components to Groundwater Yield for Normal Years.
20 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan, Figure 6-7, Historic Groundwater Production.
21 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan. 22 City of Fresno. 2014. Fresno Metropolitan Water Resources Management Plan Update.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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While the groundwater supply within the Kings River Subbasin generally meets drinking water standards, extensive contamination occurs throughout the City with eight major contaminant plumes present. Of the City’s 270 groundwater wells, 60 of the active wells currently have wellhead treatment systems.24 Several different types of pollutants have contaminated the groundwater in portions of the City. Major contaminant plumes include dibromochloropropane (DBCP), ethylene dibromide (EDB), trichloropropane (TCP), other volatile organic compounds (VOCs) like trichlorethylene (TCE), tetrachloroethylene (PCE), nitrate manganese, radon, chloride, and iron.
Nitrate, pesticides, and nutrients in agricultural drainage are currently found within much of the City’s groundwater supply, and their levels exceed some drinking water standards established by the State. While nitrates may occur naturally, their presence is often attributed to anthropogenic reasons. Common sources of nitrate contamination include runoff and leaching from fertilizer use, leaching from septic tanks and sewage, and erosion of natural deposits. 25 Another major problem facing the City’s groundwater supply is the presence of DBCP in groundwater wells. This fumigant was widely used in the 1960s to control nematodes in vineyards and is now present in down gradient groundwater wells. TCP, a manmade chemical associated with pesticide products, has also been detected in several of the City’s municipal wells. As of 2020, the City has received settlements in a number of lawsuits related to these contaminants and has constructed wellhead treatment systems and implemented blending plans for a number of affected wells.26 Plan Area
While there are no wells currently in operation within the Plan Area, several wells adjacent to the Plan Area have active wellhead treatment systems for DBCP and TCP contaminants. There are also portions of TCP (5 parts per trillion [ppt]), DBCP (0.2 parts per billion [ppb]) and nitrate (5 milligrams per liter [mg/L]) contaminant plumes within the Plan Area on the western border near State Route (SR) 180. It is expected that some portion of any new groundwater wells to be installed in the Plan Area will require wellhead treatment systems for various contaminants.
Stormwater Runoff
Stormwater Collection System
Stormwater drainage facilities within the Fresno-Clovis Metropolitan area are planned, implemented, operated, and maintained by the FMFCD. The storm drain facilities are documented in the Storm Drainage and Flood Control Master Plan (Storm Drain Master Plan), which is developed and updated by FMFCD. FMFCD’s Storm Drain Master Plan divides the service area into many local drainage areas of 1–2 square miles throughout Fresno. Drainage area boundaries are determined by
23 United States Environmental Protection Agency (EPA). 2021. Summary of the Safe Drinking Water Act 42 USC Section 300f et seq. (1974). Website: https://www.epa.gov/laws-regulations/summary-safe-drinking-water-act. Accessed June 10, 2022. 24 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan. 25 City of Fresno. 2023. Water Quality Annual Report 2023. 26 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan .
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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Surface grading improvements such as streets, curbs, gutters, and valley gutters are part of the City of Fresno infrastructure, but the general grading of these features is governed by the Storm Drain Master Plan to provide a coherent implementation of drainage within Fresno.
All inlets, pipes, and pump stations within each drainage area are maintained by the FMFCD. The gutters, along with public streets and sidewalks, are maintained by the City’s Street Maintenance Division. It is assumed that this maintenance agreement will remain in place for the foreseeable future. The FMFCD’s Storm Drain Master Plan includes 165 adopted or proposed drainage areas, most served by a retention or detention facility.
27 FMFCD basins have been sized for capacities not
less than 60 percent of average annual runoff;28 FMFCD allows a 20 percent change in volume before basins need to be resized.
Stormwater collection in the City begins with street gutters that collect and convey stormwater runoff to storm drain inlets. The runoff is collected in these inlets and delivered to FMFCD’s pipe networks, pump stations, and infiltration basins for groundwater recharge. Most runoff is discharged into recharge basins, but during heavy rainfall events, excess runoff overflows into a system of relief channels and canals that discharge to the San Joaquin River, its tributary streams, local agricultural canals, and FID facilities.
Storm drain inlets are located at low points in the topography as determined by the Storm Drain Master Plan. Pipeline alignments and sizes are also shown on the Storm Drain Master Plan. Pipeline alignments are subject to change as development proposals are put forward by development projects. Retention basin and urban detention basin locations and sizes are part of the Storm Drain Master Plan as well. Basins are sited in the topographic low point of the drainage area. All of the storm drainage pipelines within the drainage area are directed to the basin for that area. Retention basins store and percolate stormwater from the drainage area if time between storms permits; otherwise, the water is pumped to designated irrigation canals. Urban detention basins provide quiescent (still) conditions for the removal or settling out of suspended solids prior to discharge of the stormwater to the San Joaquin River.
The Fresno-Clovis Metropolitan area consists of drainage areas that are completed (e.g., all Master Planned facilities are constructed and functional) or in the process of being completed (e.g., portions of the retention basin, pipelines, and inlets are constructed and other portions are not). For the drainage areas that are in the planning stage, the planning area may be planned and documented and the retention basin land may be purchased, but no construction has occurred; other areas may not have the land purchased for the basins yet. Implementation of the Storm Drain Master Plan occurs in response to development activity in newly developing areas and through Capital Improvement Projects (CIPs) in previously developed areas.
27 Fresno Metropolitan Flood Control District (FMFCD). 2016. 2016 District Services Plan. 28 Ibid.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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In accordance with the Storm Drain Master Plan and other planning documents, the FMFCD is developing improvements for the Plan Area for storm drain facilities. The Plan Area encompasses all or part of the following existing drainage areas: BG, BL, BM, BS, CS, DS and, DV. Proposed drainage areas for SEDA include DT, DU, DW, DX, DY , and DZ. Most of the existing drainage areas include existing storm drain collection facilities, but the proposed drainage areas generally have no existing storm drain facilities. Areas DS and DV are the exceptions in that they are existing drainage areas with basins but have not been built out to Master Plan conditions. FMFCD improvements include storm drain inlets and piping, which are being analyzed and developed in conjunction with the proposed land uses for the Plan Area. Those portions of the Plan Area encompassed in existing drainage areas include Master Planned utilities designed by FMFCD.
There are seven existing basins contributing to stormwater collection for the Plan Area and six proposed basins within the Plan Area. There are also two existing basins outside of the Plan Area that are not part of existing drainage areas, including the Redbank Basin and the Fancher Creek Basin, which may contribute to additional drainage capacity; however, these two basins were not considered in the analyses completed as part of the Storm Drain Technical Study prepared for this Recirculated Draft PEIR (Appendix I). FMFCD basins are designed for a capacity not less than 60 percent of average annual runoff. Per the FMFCD, the proposed drainage areas for SEDA have not been adopted yet, and the basin locations have not been finalized. Table 3.10-1 shows the capacities of both existing basins that serve the Plan Area and proposed basins that will serve the Plan Area.
Table 3.10-1: Drainage Areas and Basin Capacities
Drainage Area
Designation
Drainage Area Size A
(acres)
Basin Volume B
(AF)
Basin Design Use Basin Type Relief Line to FID
Facility
Existing Drainage Areas/Basins
BG 753.61 232.1 Nonresidential Recharge Yes; Washington Colony Canal
BL 783.63 301.1 Residential Recharge No; relief line to Basin BH
BM 1,519 390.4 Residential Dual Use No; relief line to
Basin BH
BS 1,190.39 401.3 Nonresidential Recharge Yes; Mill Ditch CS 860.99 346.5 Nonresidential Recharge Yes; Washington Canal
DS C 1,958.14 1,383.3 Residential Undetermined D Yes; Mill Ditch and Redbank Basin
DV C 505 230.0 Nonresidential Undetermined D Yes; Briggs Canal and Fancher Creek
Proposed Drainage Area/Basins
DT 975.46 232.4 Residential Undetermined D Yes; Fancher Creek City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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Designation
Drainage Area Size A
(acres)
Basin Volume B
(AF)
Basin Design Use Basin Type Relief Line to FID
Facility
DU 1,268.94 323.8 Residential Undetermined D No; relief line to Basin DV
DW 749.99 233.9 Residential Undetermined D Undetermined DX 877.9 304.5 Residential Undetermined D Yes; Briggs Canal DY 771 295.2 Nonresidential Undetermined D No; relief line to Basin DZ
DZ 694.5 263.6 Nonresidential Undetermined D No; relief line to Basin BG
Notes:
AF = acre-feet
FID = Fresno Irrigation District
FMFCD = Fresno Metropolitan Flood Control District
GIS = Geographic Information System
A Drainage area sizes obtained from GIS Shape Files provided by FMFCD.
B Basin volumes obtained from H&H calculation sheets provided by FMFCD.
C Existing drainage area and basin but not yet built out.
D Approved use of proposed basins will be determined via coordination between FMFCD and City.
Source: Blair, Church & Flynn Consulting Engineers. SEDA Specific Plan Storm Drain Technical Study. June 10, 2022.
Flooding and Inundation
The City of Fresno is located in the alluvial fans of numerous foothill stream sand creeks that drain the western slope of the Sierra Nevada foothills. These streams include Big Dry Creek, Alluvial Drain, Pup Creek, Dog Creek, Redbank Creek, Mud Creek, and Fancher Creek. Numerous smaller, unnamed drainage courses also drain into the City from the rural areas east of Fresno.
Based on a review of the FEMA Flood Insurance Rate Maps (FIRMs) for the City of Fresno, 29 there are
areas that are subject to the 100-year flood frequency flood zone as shown in Exhibit 3.10-1. The primary area that is subject to the 100-year flood zone is along the San Joaquin River below the bluffs. There are additional areas in the vicinity of the Fresno International Airport, the SEDA Specific Plan Area in the vicinity of the Redbank Creek Dam, adjacent to SR-180 east of Clovis Avenue, and within an industrial area east of SR-99, south of California Avenue and north of Jensen Avenue. In addition, various detention basins are subject to the 100-year flood zone.
Project Site
According to the FIRMs that include SEDA, a majority of the SEDA Specific Plan Area is outside the 100-year flood zones; most areas are located within Zone X (unshaded) (outside the 500-year floodplain with minimal risk of flooding) as shown in Exhibit 3.10-1.
29 Federal Emergency Management Agency (FEMA). 2021. National Flood Hazard Layer. Website: https://www.fema.gov/flood- maps/national-flood-hazard-layer. Accessed June 13, 2022.
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City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
FirstCarbon Solutions 3.10-17
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx However, several areas in the northern portion of SEDA (north of SR-180) are within zones of higher flood chances, including Zones X (shaded) (between the 100-year and 500-year floodplain with moderate risk of flooding); Zone A (Special Flood Hazard Area [SFHA] within the 100-year floodplain with high risk of flooding, but base flood elevations have not been determined); Zone AE (SFHA within the 100-year floodplain with high risk of flooding and with determined base flood elevations); and Zone A/AE Regulatory Floodplains (SFHA with high risk of flooding, the channel of a waterway and adjacent area which must be reserved to discharge base flood without increasing surface water elevation). These areas are mainly adjacent to existing rivers, creeks, canals, or detention basins.
Per the FEMA FIRM, areas surrounding and along the Fancher Creek are within Zone X (shaded), the area containing the Redbank Detention Basin is within Zone A, areas surrounding and along the Mill Ditch and Redbank Creek are within Zone AE, and a portion of the Redbank Creek along the northern SEDA border is defined as a Regulatory Floodplain.
The Plan Area is located approximately 6 miles south of Big Dry Creek Dam. An expanded drain was installed at the base of the downstream side of the dam in 2014 to prevent potential damage to the dam from seepage under the dam. The dam is also inspected annually by the California Department of Water Resources (DWR) Division of Safety of Dams. Considering recent improvements and regular maintenance of the dam, the potential for dam failure is considered slight, and buildout of the SEDA Specific Plan would not exacerbate flood hazards due to dam inundation. No areas in the Plan Area are mapped as protected from 100-year floods by levees, and thus buildout of the SEDA Specific Plan would not place people or structures in the Plan Area at risk of flooding due to levee failure.
3.10.3 - Regulatory Framework
Clean Water Act
The Clean Water Act (CWA) (33 United States Code [USC] § 1251, et seq.) is the major federal legislation governing the water quality aspects of construction and operation of the project or variant. The CWA established the basic structure for regulating discharges of pollutants into waters of the United States (not including groundwater) and waters of the State. The objective of the CWA is “to restore and maintain the chemical, physical, and biological integrity of the nation’s waters.” The CWA establishes the basic structure for regulating the discharge of pollutants into waters of the United States.
The CWA authorizes the United States Environmental Protection Agency (EPA) to implement pollution control programs. Under the CWA, it is unlawful for any person to discharge any pollutant from a point source into navigable waters, unless an NPDES Permit is obtained. In addition, the CWA requires each state to adopt water quality standards for receiving water bodies and to have those standards approved by the EPA. Water quality standards consist of designated beneficial uses for a particular receiving water body (e.g., wildlife habitat, agricultural supply, fishing), along with water quality objectives necessary to support those uses.
Responsibility for protecting water quality in California resides with the State Water Board and nine RWQCBs. The State Water Board establishes Statewide policies and regulations for the implementation of water quality control programs mandated by federal and State water quality City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Section 303—Water Quality Standards and Total Maximum Daily Loads Section 303I(2)(b) of the CWA requires states to adopt water quality standards for all surface waters of the United States based on the water body’s designated beneficial use (33 USC § 1251 et seq.).
Where multiple uses exist, water quality standards must protect the most sensitive use. Water quality standards are typically numeric, although narrative criteria based on biomonitoring methods may be employed where numerical standards cannot be established or where they are needed to supplement numerical standards.
CWA Section 303(d) requires states and authorized Native American tribes to develop a list of water quality impaired segments of waterways. The list includes waters that do not meet water quality standards necessary to support a waterway’s beneficial uses even after the minimum required levels of pollution control technology have been installed. Listed water bodies are to be priority ranked for development of a Total Maximum Daily Load (TMDL). A TMDL is a calculation of the total maximum daily load (amount) of a pollutant that a water body can receive on a daily basis and still safely meet water quality standards. The TMDLs include waste load allocations for urban stormwater runoff as well as municipal and industrial wastewater discharges, with allocations apportioned for individual MS4s and wastewater treatment plants. For stormwater, load reductions would be required to meet the TMDL waste load allocations within the 20 years required by the TMDLs.
The State Water Board, RWQCBs, and EPA are responsible for establishing TMDL waste load allocations and incorporating approved TMDLs into water quality control plans, NPDES permits, and Waste Discharge Requirements (WDRs) in accordance with a specified schedule for completion. The Central Valley RWQCB develops TMDLs for the San Joaquin River (dissolved oxygen, diazinon and chlorpyrifos, salt and boron, and selenium), the Sacramento-San Joaquin Delta (methylmercury, diazinon and chlorpyrifos), Cache Creek/Bear Creek/Harley Gulch (mercury), Clear Lake (mercury and nutrients), Grasslands Marshes (selenium), Sacramento and Feather Rivers (diazinon and chlorpyrifos), Sacramento County Urban Creeks (diazinon and chlorpyrifos), Sacramento River (cadmium, copper, and zinc), Salt Slough (selenium), Stockton Urban Waterbodies (pathogen), and Central Valley TMDLs (pesticides and pyethroid).
30 Section 401—Water Quality Certification
Section 401 of the CWA requires compliance with State water quality standards for actions within State waters. Under CWA Section 401, an applicant for a Section 404 permit (to discharge dredged or fill material into waters of the United States) must first obtain a certificate from the appropriate agency stating that the fill is consistent with the State’s water quality standards and criteria. In California, the State Water Board delegates authority to either grant water quality certification or
30 Central Valley Regional Water Quality Control Board (Central Valley RWQCB). 2022. Total Maximum Daily Loads (TMDL) and Impaired Water Bodies 303(d) List. Website: https://www.waterboards.ca.gov/centralvalley/water_issues/tmdl/. Accessed June 13, 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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Section 402—National Pollution Discharge Elimination System Permits The RWQCBs administer the NPDES stormwater permitting program, under Section 402(d) of the federal CWA, on behalf of the EPA (33 USC § 1251 et seq.). The objective of the NPDES program is to control and reduce levels of pollutants in water bodies from discharges of municipal and industrial wastewater and stormwater runoff. CWA Section 402(d) establishes a framework for regulating nonpoint-source stormwater discharges (33 USC 1251). Under the CWA, discharges of pollutants to receiving water are prohibited unless the discharge complies with an NPDES Permit. The NPDES Permit specifies discharge prohibitions, effluent limitations, and other provisions, such as monitoring deemed necessary to protect water quality based on criteria specified in the National Toxics Rule (NTR), the California Toxics Rule (CTR), and the basin plan.
Discharge prohibitions and limitations in an NPDES Permit for wastewater treatment plants are designed to maintain public health and safety, protect receiving water resources, and safeguard the water’s designated beneficial uses. Discharge limitations typically define allowable effluent quantities for flow, biochemical oxygen demand, total suspended matter, residual chlorine, settleable matter, total coliform, oil and grease, pH, and toxic pollutants. Limitations also typically encompass narrative requirements regarding mineralization and toxicity to aquatic life. Under the NPDES permits issued to the city/county to operate the treatment plants, the city/county is required to implement a pretreatment program. This program must comply with the regulations incorporated in the CWA and the General Pretreatment Regulations (Code of Federal Regulations [CFR] Title 40, Part 403).
Section 401—Water Quality Certification
Section 404 of the CWA regulates temporary and permanent fill and disturbance of wetlands and waters of the United States. Under Section 404, the discharge (temporary or permanent) of dredged or fill material into waters of the United States, including wetlands, typically must be authorized by the United States Army Corps of Engineers (USACE) through either the Nationwide Permit (general categories of discharges with minimal effects) or the Individual Permit.
River and Harbors Act Section 10
Section 10 of the Rivers and Harbors Act of 1899 (33 USC § 401 et seq.) requires that regulated activities conducted below the ordinary high-water elevation of navigable waters of the United States be approved and permitted by the USACE. Regulated activities include the placement or removal of structures, work involving dredging, disposal of dredged material, filling, excavation, or any other disturbance of soils/sediments or modification of a navigable waterway. Navigable waters of the United States are those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high-water mark and/or are presently used, or have been used in the past, or may be susceptible to use, to transport interstate or foreign commerce. Section 10 also regulates tributaries and backwater areas that are associated with navigable waters of the United States and are located below the ordinary high-water elevation of the adjacent navigable waterway.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Federal Antidegradation Policy
The Federal Antidegradation Policy (40 CFR 131.12) is designed to protect existing water uses, water quality, and national water resources. The federal policy directs states to adopt a Statewide policy that includes the following primary provisions:
• Existing instream uses and the water quality necessary to protect those uses shall be maintained and protected.
• Where existing water quality is better than necessary to support fishing and swimming conditions, that quality shall be maintained and protected unless the State finds that allowing lower water quality is necessary for important local economic or social development. • Where high-quality waters constitute an outstanding national resource, such as waters of national and state parks, wildlife refuges, and waters of exceptional recreational or ecological significance, that water quality shall be maintained and protected.
National Toxics Rule and California Toxics Rule
In 1992, the EPA promulgated the NTR under the CWA to establish numeric criteria for priority toxic pollutants for 14 states to bring all states into compliance with the requirements of CWA Section 303I(2)(B). The NTR established water quality standards for 42 pollutants not covered under California’s Statewide water quality regulations at that time. As a result of the court-ordered revocation of California’s Statewide basin plans in September 1994, the EPA initiated efforts to promulgate additional federal water quality standards for California. In May 2000, the EPA issued the CTR, which includes all the priority pollutants for which the EPA has issued numeric criteria not included in the NTR.
Executive Order 11988
Executive Order 11988, Floodplain Management, directs all federal agencies to avoid, to the extent possible, long- and short-term adverse impacts of occupancy and modification of floodplains and to avoid supporting development in a floodplain either directly or indirectly wherever there is a practicable alternative. Compliance requirements are outlined in 23 Code of Federal Regulations 650, Subpart A, Location and Hydraulic Design of Encroachment on Floodplains.
If a project involves substantial encroachment into the floodplain, the final environmental document must include:
• The reasons why the proposed action must be located in the floodplain. • Alternatives considered and the reasons they were not practicable. • A statement indicating whether the action conforms to applicable State or local floodplain protection standards.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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The National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 were enacted to reduce the need for flood protection structures and limit disaster relief costs by restricting development in floodplains.31 FEMA, established in 1979, is responsible for predicting hazards from flooding events and forecasting the level of inundation under various conditions. As part of its duty to develop standards for delineating fluvial and coastal floodplains, FEMA provides information on FIRMs about the potential for flood hazards and inundation and, where appropriate, designates regions as special flood hazard areas. Special flood hazard areas are defined as areas that have a 1 percent chance of flooding in a given year.
FEMA also administers the National Flood Insurance Program (NFIP), a federal program that enables property owners in participating communities to purchase insurance as protection against flood losses in exchange for state and community floodplain management regulations that reduce future flood damages.
State
Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Control Act of 1969 (Porter-Cologne Act)32 is California’s statutory authority for the protection of water quality. Under the Porter-Cologne Act, the State must adopt water quality policies, plans, and objectives that protect the State’s waters for the use and enjoyment of the people. Regional authority for planning, permitting, and enforcement is delegated to the nine RWQCBs. The RWQCBs are required to formulate and adopt basin plans for all areas in the region and establish water quality objectives in the plans. The Porter-Cologne Act sets forth the obligations of the State Water Board and RWQCBs to adopt and periodically update basin plans. The Central Valley RWQCB is responsible for the project site.
Basin plans are the regional water quality control plans required by both the CWA and the Porter- Cologne Act that establish beneficial uses, water quality objectives, and implementation programs for each of the nine regions in California. The Porter-Cologne Water Quality Control Act also requires waste dischargers to notify the RWQCBs of their activities by filing reports of waste discharge and authorizes the State Water Board and RWQCBs to issue and enforce WDRs, NPDES permits, CWA Section 401 water quality certifications, or other approvals. The RWQCBs are also authorized to issue waivers to reports of waste discharge and WDRs for broad categories of “low threat” discharge activities that have minimal potential to cause adverse water quality effects when implemented according to prescribed terms and conditions.
National Pollutant Discharge Elimination System
The NPDES33 permits all involve similar processes, which include submitting notices of intent for discharging to receiving waters and implementing BMPs to minimize those discharges. The Central
31 National Flood Insurance Act of 1968 (1968) and Flood Disaster Protection Act of 1973 (1973). (1968, 1973). Website:
https://www.fema.gov/sites/default/files/2020-07/national-flood-insurance-act-1968.pdf. Accessed July 6, 2022. 32 California Porter-Cologne Water Quality Act, California Water Code Div. 7 § 13000, et seq. 1969. 33 United States Environmental Protection Agency (EPA). National Pollutant Discharge Elimination System (NPDES). 1972.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Construction Activity
The State Water Board Stormwater General Permit for Construction Activity (Order 2009-009-DWQ, as amended by Order Nos. 2010-0014-DWQ and 2012-0006-DWQ) applies to all construction activities that would disturb one acre of land or more. Construction activities subject to the general construction activity permit include clearing, grading, stockpiling, and excavation. Dischargers are required to eliminate or reduce non-stormwater discharges to storm sewer systems and other waters.
Through the NPDES and WDR processes, the State Water Board seeks to ensure that the conditions at a project site during and after construction do not cause or contribute to direct or indirect impacts on water quality (i.e., pollution and/or hydromodification) upstream and downstream. To comply with the requirements of the Construction General Permit, the project applicant must file a notice of intent with the State Water Board to obtain coverage under the permit; prepare a Stormwater Pollution Prevention Plan (SWPPP); and implement inspection, monitoring, and reporting requirements appropriate to the project’s risk level as specified in the SWPPP. The SWPPP includes a site map, describes construction activities and potential pollutants, and identifies BMPs that will be employed to prevent soil erosion and discharge of other construction-related pollutants that could contaminate nearby water resources, such as petroleum products, solvents, paints, and cement. The permit also requires the discharger to consider using post-construction permanent BMPs that will remain in service to protect water quality throughout the life of the project. All NPDES permits also have inspection, monitoring, and reporting requirements.
Project sites served by the combined sewer system are not required to obtain coverage under the NPDES Construction General Permit.
Industrial General Stormwater Permit
The Statewide stormwater NPDES Permit for general industrial activity (Order 2014-0057-DWQ, superseding Order 97-03-DWQ) regulates discharges associated with 10 broad categories of industrial activities, such as operation of wastewater treatment works, and with recycling facilities.
The industrial general permit requires the implementation of Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to achieve performance standards.
The permit also requires development of a SWPPP that identifies the site-specific sources of pollutants and describes the measures at the facility applied to reduce stormwater pollution. A monitoring plan is also required.
Stormwater
In November 1990, the EPA published regulations establishing NPDES Permit requirements for municipal and industrial stormwater discharges. Phase I of the permitting program applied to municipal discharges of stormwater in urban areas where the population exceeded 100,000 persons.
Phase II of the NPDES stormwater permit regulations, which became effective in March 2003, required that NPDES permits be issued for construction activity for projects disturbing 1–5 acres.
Phase II of the municipal permit system (known as the NPDES General Permit for Small MS4s, Order City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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California Toxics Rule and State Implementation Policy
The CTR (40 CFR § 131.38), presented in 2000 in response to requirements of EPA’s NTR, establishes numeric water quality criteria for approximately 130 priority pollutant trace metals and organic compounds. The CTR criteria are regulatory criteria adopted for inland surface waters, enclosed bays, and estuaries in California that are on the CWA Section 303I list for contaminants. The CTR includes criteria for the protection of aquatic life and human health. Human health criteria (water- and organism-based) apply to all waters with a municipal and domestic water supply beneficial use designation as indicated in the basin plans. The Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California, also known as the State Implementation Policy, was adopted by the State Water Board in 2000. It establishes provisions for translating CTR criteria, NTR criteria, and basin plan water quality objectives for toxic pollutants into:
• NPDES Permit effluent limits,
• Effluent compliance determinations,
• Monitoring for 2,3,7,8-tcdd (dioxin) and its toxic equivalents, • Chronic (long-term) toxicity control provisions,
• Site-specific water quality objectives, and
• Granting of effluent compliance exceptions.
The goal of the State Implementation Plan is to establish a standardized approach for permitting discharges of toxic effluent to inland surface waters, enclosed bays, and estuaries throughout the State.
Local
Fresno General Plan
The General Plan contains the following goals, policies, and objectives relevant to the provision of drainage and flood control service and facilities:
Parks, Open Space, and Schools Element
Policy POSS-6-b Effects of Stormwater Discharge. Support efforts to identify and mitigate cumulative adverse effects on aquatic life from stormwater discharge to the San Joaquin River.
• Avoid discharge of runoff from urban uses to the San Joaquin River or other riparian corridors.
• Approve development on sites having drainage (directly or indirectly) to the San Joaquin River or other riparian areas only upon a finding that adequate measures for preventing pollution of natural bodies of water from their runoff will be implemented.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Noise and Safety Element
Objective NS-2 Minimize risks of property damage and personal injury posed by geologic and seismic risks.
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.
Objective NS-3 Minimize the risks to property, life, and the environment due to flooding and stormwater runoff hazards.
Policy NS-3-a Stormwater Drainage and Flood Control Master Plan. Support the full implementation of the FMFCD Storm Drainage and Flood Control Master Plan, the completion of planned flood control and drainage system facilities, and the continued maintenance of stormwater and flood water retention and conveyance facilities and capacities. Work with the FMFCD to make sure that its Storm Drainage and Flood Control Master Plan is consistent with the General Plan.
Policy NS-3-b Curb and Gutter Installation. Coordinate with Fresno Metropolitan Flood Control District (FMFCD) to install curbing, gutters, and other drainage facilities with priority to existing neighborhoods with the greatest deficiencies and consistent with the Storm Drainage and Flood Control Master Plan.
Policy NS-3-c Dual Use Facilities. Support multiple uses of flood control and drainage facilities as follows:
• Use, wherever practical, FMFCD facilities for groundwater management and recharge; and
• Promote recreational development of ponding basin facilities located within or near residential areas, compatible with the stormwater and groundwater recharge functions.
Policy NS-3-e Pollutants. Work with FMFCD to prevent and reduce the existence of urban stormwater pollutants pursuant to the requirements of the National Pollution Discharge Elimination Systems Act.
Policy NS-3-f Flooding Emergency Response Plans. Work with responsible agencies to update emergency dam failure inundation plans, evacuation plans and other emergency City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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Policy NS-3-g Essential Facilities Siting Outside of Floodplains. Avoid siting emergency response and essential public facilities, such as fire and police stations, within a 100-year floodplain, unless it can be demonstrated that the facility can be safely operated and accessed during flood events.
Policy NS-3-h Runoff Controls. Implement grading regulations and related development policies that protect area residents from flooding caused by urban runoff produced from events that exceed capacity of the Storm Drainage and Flood Control Master Plan system of facilities. Place all structures and/or floodproofing in a manner that does not cause floodwaters to be diverted onto adjacent property, increase flood hazards to other property, or otherwise adversely affect other property.
Policy NS-3-I New Development Must Mitigate Impact. Require new development to not significantly impact the existing storm drainage and flood control system by imposing conditions of approval as project mitigation, as authorized by law. As part of this process, closely coordinate and consult with the FMFCD to identify appropriate conditions that will result in mitigation acceptable and preferred by FMFCD for each project.
Policy NS-3-k 100-Year Floodplain Policy. Require developers of residential subdivisions to preserve those portions of development sites as open space that may be subject to 100-year flood events, unless the flood hazard can be substantially mitigated by development project design.
Policy NS-3-l 200-Year Floodplain Protection. Promote flood control measures that maintain natural conditions within the 200-year floodplain of rivers and streams and, to the extent possible, combine flood control, recreation, water quality, and open space functions. Discourage construction of permanent improvements that would be adversely affected by periodic floods within the 200-year floodplain, particularly in the San Joaquin River bottom.
Policy NS-3-m Flood Risk Public Awareness. Continue public awareness programs to inform the general public and potentially affected property owners of flood hazards and potential dam failure inundation. Remind households and businesses located in flood-prone areas of opportunities to purchase flood insurance.
Resource Conservation and Resilience Element
Objective RC-6 Ensure that Fresno has a reliable, long-range source of drinkable water.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Policy RC-6-b Water plans. Adopt an implement ordinances, standards, and policies to achieve the intent of the City of Fresno Urban Water Management Plan, Fresno-Area Regional Groundwater Management Plan, and City of Fresno Metropolitan Water Resources Management Plan to ensure a dependable supply of water.
Policy RC-6-c Land Use and Development Compliance. Ensure that land use and development projects adhere to the objective of the Fresno Metropolitan Water Resources Management Plan to provide sustainable and reliable water supplies to meet the demand of existing and future customers through 2025.
Policy RC-6-d Recycled Water. Prepare, adopt, and implement a City of Fresno Recycled Water Master Plan.
Policy RC-6-e Protect Aquifer. Oppose urban development in unincorporated areas that are not served by a wastewater treatment/management system capable of preventing the buildup of compounds that would degrade the aquifer.
Policy RC-6-f Regulate Sewage Disposal Facilities. Oppose development of new sewage disposal facilities either within the Planning Area or upgradient (north and east) of the Planning Area, unless the treatment facilities produce effluent that:
• Will not degrade the aquifer in the long term;
• Will not introduce contaminants into surface water that would negatively affect its potential economic use for drinking water;
• Will not deleteriously affect downstream agricultural and urban uses; and • Will not degrade sensitive riparian habitat.
Policy RC-6-g Protect Recharge Areas. Continue to protect areas of beneficial natural groundwater recharge by preventing uses that can contaminate soil or groundwater.
Policy RC-6-h Conditions of Approval. Include in the development code standards for imposing conditions of approval for development projects to ensure long-term maintenance of adequate clean water resources. Require findings that adequate water supply must exist prior to any discretionary project approval for residential and commercial development requiring annexation, as required by law.
Policy RC-6-I Natural Recharge. Support removal of concrete from existing canals and change the practice of lining new and existing canals with concrete to allow for natural recharge.
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Policy RC-7-a Water Conservation Program Target. Maintain a comprehensive conservation program to help reduce per capita water usage in the City’s water service area to 243 gallons per capita per day (GPCD) by 2020 and 190 GPCD by 2035, by adopting conservation standards and implementing a program of incentives, design and operation standards, and user fees.
• Support programs that result in decreased water demand, such as landscaping standards that require drought-tolerant plants, rebates for water conserving devices and systems, turf replacement, xeriscape landscape for new homes, irrigation controllers, commercial/industrial/institutional water conserving programs, prioritized leak detection program, complete water system audit, landscape water audit and budget program, and retrofit upon resale ordinance.
• Implement the U.S. Bureau of Reclamation Best Management Practices for water conservation as necessary to maintain the City’s surface water entitlements.
• Adopt and implement policies in the event that an artificial lake is proposed for development.
• Work cooperatively toward effective uniform water conservation measures that would apply throughout the Plan Area.
• Expand efforts to educate the public about water supply issues and water conservation techniques.
Policy RC-7-c Best Practices for Conservation. Require all City facilities and all new private development to follow U.S. Bureau of Reclamation Best Management Practices for water conservation, as warranted and appropriate.
Policy RC-7-d Update Standards for New Development. Continue to refine water saving and conservation standards for new development.
Policy RC-7-e Retrofit City Facilities and Consider Incentives Programs to Encourage Retrofitting of Other Existing Public and Private Residential and Nonresidential Facilities and Sites. Reduce water use in municipal buildings and City operations by developing a schedule and budget for the retrofit of existing municipal buildings with water conservation features, such as auto shut-off faucets and water saving irrigation systems. Prepare a comprehensive incentive program for other existing public and private residential and nonresidential buildings and irrigation systems.
Policy RC-7-f Implementation and Update Conservation Program. Continue to implement the City of Fresno Water Conservation Program, as may be updated, and periodically update restrictions on water uses, such as lawn and landscape watering and the City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Policy RC-7-g Educate on State Requirements. Educate the residents and businesses of Fresno on the requirements of the California Water Conservation Act of 2009.
Policy RC-7-h Landscape Water Conservation Standards. Refine landscape water conservation standards that will apply to new development installed landscapes, building on the State Model Water Efficient Landscape Ordinance and other State regulations.
• Evaluate and apply, as appropriate, augmented xeriscape, “waterwise,” and “green gardening” practices to be implemented in public and private landscaping design and maintenance.
• Facilitate implementation of the State’s Water Efficient Landscape Ordinance by developing alternative compliance measures that are easy to understand and observe.
Public Utilities and Services Element
Objective PU-8 Manage and develop the City’s water facilities on a strategic timeline basis that recognizes the long life cycle of the assets and the duration of the resources, to ensure a safe, economical, and reliable water supply for existing customers and planned urban development and economic diversification.
Policy PU-8-c Conditions of Approval. Set appropriate conditions of approval for each new development proposal to ensure that the necessary potable water production and supply facilities and water resources are in place prior to occupancy.
Policy PU-8-f Water Quality. Continue to evaluate and implement measures determined to be appropriate and consistent with water system policies, including prioritizing the use of groundwater, installing wellhead treatment facilities, constructing aboveground storage and surface water treatment facilities, and enhancing transmission grid mains to promote adequate water quality and quantity.
Policy PU-8-g Review Project Impact on Supply. Mitigate the effects of development and Capital Improvement Projects on the long-range water budget to ensure an adequate water supply for current and future uses.
County of Fresno Revised 2000 General Plan
Goal PF-E To provide efficient, cost-effective, and environmentally sound storm drainage and flood control facilities that protect both life and property and to divert and retain stormwater runoff for groundwater replenishment.
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Policy PF-E.4 Storm Drainage System Capacity. The County shall encourage the local agencies responsible for flood control or storm drainage to require that storm drainage systems be developed and expanded to meet the needs of existing and planned development.
Policy PF-E.10 Drainage Facility Design. In growth areas within the jurisdiction of a local agency responsible for flood control or storm drainage, the County shall encourage that agency to design drainage facilities as if the entire areas of service were developed to the pattern reflected in the adopted general plans to assure that the facilities will be adequate as the land use intensifies.
Fresno Southeast Development Area Specific Plan
The Fresno SEDA Specific Plan is framed within three significant and interrelated goals: fiscal responsibility, social equity, and environmental sustainability. The proposed Plan and policies that form its implementation framework are formulated and coordinated to meet the criteria of these overlapping goals. The proposed Specific Plan contains the following objectives and policies related to hydrology and water quality:
Open Space, Schools, and Public Facilities
Objective OS-2 Create and maintain an open space network that serves multiple purposes, including recreation, stormwater management, community farming, and environmental preservation.
Policy OS-2.3 Stormwater Management Features. Maximize the use of green stormwater management infrastructure—such as ponds, basins, swales, and other low-impact systems—within the open space system.
• Coordinate with Fresno Metropolitan Flood Control District (FMFCD) to incorporate green infrastructure within City parks and trails.
Objective OS-14 Provide water, stormwater, and wastewater infrastructure necessary to serve development in the SEDA.
Policy OS-14.1 Provision of Water, Stormwater, and Wastewater Infrastructure. Provide water, stormwater, and wastewater infrastructure in accordance with the policies of the Greenhouse Gas Reduction and Conservation Chapter.
Greenhouse Gas Reduction and Conservation
Objective RC-2 Integrate water supply, treatment and delivery, and flood control and stormwater planning in the Southeast Development Area.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Objective RC-3 Promote water conservation and the long-term sustainability of water resources within the Southeast Development Area.
Policy RC-3.2 Site and Building Efficiency Standards from Water Use. Green building standards contain a spectrum of strategies to conserve water, including site measures to encourage the planting of species that require minimal water. All new construction in the SEDA is required to meet existing local and State laws with regard to water conservation and any additional measures needed locally to respond to drought conditions as determined by the City of Fresno Department of Public Utilities.
Policy RC-3.3 Water Recycling. Use treated wastewater for irrigation and other uses, consistent with applicable regulations, to minimize the required surface and groundwater needs of SEDA homes and businesses.
• Public Facilities: Require the use of tertiary-treated wastewater to irrigate parks, golf courses, and public landscaping, as specified in the Open Space, Schools and Public Facilities Chapter.
- Municipal purple pipe. Establish a site- or district-wide purple pipe system that conveys recycled water.
- Water treatment facilities. Available to serve the SEDA, the Southeast Service Water Treatment Facility was constructed in 2018 and is designed with the latest energy conservation and renewable energy technology.
• Commercial Landscaping: Require the use of treated wastewater to irrigate commercial landscaping, adhering to the standards included in the California Code of Regulations, Title 22.
• Residential Landscaping: Where appropriate, encourage the use of tertiary- treated wastewater to irrigate residential landscaping. Specific policy considerations should be addressed in the pending SEDA Infrastructure Financing Plan and EIR-related water infrastructure planning tasks. • Small Farms and Community Farming: Use secondary- and tertiary-treated wastewater for agricultural irrigation in the SEDA and within the immediate vicinity, consistent with applicable laws and regulations. Specific policy considerations should be addressed in the pending SEDA Infrastructure Financing Plan and EIR-related water infrastructure planning tasks.
Policy RC-3.4 Implementation and Monitoring. Support and monitor water conservation policies and programs. Developer shall abide by all State and local requirements for water use efficiency standards.
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Policy RC-4.1 Minimizing Groundwater Extraction. Use available surface water supplies to meet as much of the SEDA’s potable water demand as possible, limiting groundwater extraction to extreme periods. The pending SEDA Infrastructure Financing Plan shall address this issue in detail.
Policy RC-4.2 Replacement of Extracted Groundwater. The North Kings Groundwater Sustainability Plan (approved in 2019) illustrates the decrease in groundwater levels in the region as a result of pumping. All groundwater drawn to serve development in the SEDA shall be replaced with at least an equal volume via infiltration, pumping, or other means. Recharge need not necessarily occur the same year as withdrawals, however, over time, total recharge must at least match total withdrawals. Recharge and withdrawals need not occur within the same groundwater aquifer but must be within the same groundwater basin. The pending SEDA Infrastructure Financing Plan shall address this issue in detail.
Policy RC-4.3 Maximizing Groundwater Recharge. Establish integrated systems within the SEDA open space network to maximize recharge using stormwater, treated wastewater, and excess surface water supplies. Facilitate increased porosity and stormwater recharge through the use of porous conveyance methods such as bioswales, naturalized channels, and layered basins. Recharge and related systems shall be addressed in the SEDA Infrastructure Financing Plan.
Policy RC-4.4 Utilization of Recreation and Open Spaces as Groundwater Recharge Areas.
Support recreation opportunities with a range of parks and multiuse trails by establishing joint-use agreements with Fresno Metropolitan Flood Control District to allow access to storm drainage/recharge basins for recreational use, when appropriate (see the Open Space, Schools and Public Facilities Chapter).
Objective RC-5 Protect surface and groundwater supplies from major sources of pollution.
Policy RC-5.1 Stormwater Runoff. Implement stormwater management practices that minimize stormwater runoff impacts on the Tulare Lake Watershed. • Compact Development: Limit impervious cover by clustering new, higher density development within the SEDA, directing growth away from undeveloped portions of the watershed.
- Compact development. Reduce the building footprint and overall impervious surface in order to minimize lot coverage on a per unit basis. - Parking demand management. Reduce the demand for parking stalls to lower the amount of impervious surface (and environmental impacts).
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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• Low Impact Development Practices: Implement development practices such as natural conveyance, bioswales, raingardens and xeriscape that minimize, slow, and filter street runoff and remove pollutants, lowering peak volume and reducing the size and cost of stormwater infrastructure.
Policy RC-5.2 Hazardous Materials and Pesticide Reduction. Prevent contamination of the groundwater table and surface water resources and discourage all pesticide use for agricultural and landscaping uses within the SEDA.
• Signage: Install appropriate signage to deter the discharge of hazardous materials into storm drains.
• Pollution Prevention: Provide information to SEDA residents on appropriate ways to dispose of hazardous materials and chemicals.
• Pesticide Reduction: Discourage all pesticide use for agricultural and landscaping uses within the SEDA.
• Remediation: Encourage rapid clean up of contaminated groundwater consistent with applicable laws and regulations.
Policy RC-5.3 Construction Erosion.
• Erosion and Sedimentation Control Plan: Require all construction projects to create and implement a plan using State and local Best Management Practices for erosion and sedimentation control.
• Runoff Control: Prevent loss of soil by stormwater runoff and sedimentation of storm sewers or receiving streams.
Objective RC-6 Develop sufficient wet utility infrastructure to meet the demand created by new development within the Southeast Development Area, applying cost-effective and low-impact strategies to the extent possible.
Policy RC-6.1 Water Supply and Delivery. Evaluate the potential surface water, groundwater resources and infrastructure needs necessary to meet the Southeast Development Area demand. Assessments shall be included in the pending SEDA Infrastructure Financing Plan and EIR-related water infrastructure planning tasks. • Site and Development-Level Water Supply: Utilizing the pending SEDA Infrastructure Financing Plan as a basis, establish estimates for water supply and demand for all development proposals, reducing demand (as appropriate) through site design and efficiency measures.
• Delivery Systems: Proposed water supplies and delivery systems shall be identified at the time of development project approval to the satisfaction of the City of Fresno. Systems must work within the schematic designs established in the pending EIR-related water infrastructure planning tasks, and the SEDA Infrastructure Financing Plan.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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- Detailed engineering. Infrastructure planning and engineering will be conducted with the proposed demand reduction factors included.
Policy RC-6.3 Flood Control and Stormwater Management. Evaluate and provide infrastructure to minimize community flood risk, enhance water quality, and provide locations for active recreation.
- Sub-Area or Development Proposal Delivery: Proposed stormwater systems shall be identified at the time of development project approval to the satisfaction of the City of Fresno. Systems must work within the requirements established in the pending EIR-related water infrastructure planning tasks and the SEDA Infrastructure Financing Plan.
- Stormwater runoff reductions. The City of Fresno and the developer will identify specific reduction measures required for the development proposal to move forward.
- Detailed engineering. Infrastructure planning and engineering will be conducted with the proposed demand reduction factors included.
City of Fresno Municipal Code
Fresno Municipal Code, Chapter 6, Municipal Services and Utilities, Article 7, Urban Storm Water Quality Management and Discharge Control, includes provisions regarding stormwater discharge for the City. The purpose of the Storm Water Quality Management and Discharge Control Ordinance is to ensure the health, safety, and general welfare of citizens and protect the water quality of water courses and water bodies in accordance with the CWA by reducing pollutants in urban stormwater discharges to the maximum practicable extent and by prohibiting non-stormwater discharges to the storm drain system.
Chapter 11, Building Permits and Regulations, Article 6, Fresno Flood Plain Ordinance, establishes methods of reducing flood losses by: restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards or flood heights or velocities; requiring that uses vulnerable to floods be protected against flood damage at the time of initial construction; controlling filling, grading, dredging, and other development which may increase flood damage; preventing or regulating the construction of flood barriers which will unnaturally divert flood water or which may increase flood hazards in other areas; and controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx Fresno Metropolitan Flood Control District Post-Development Standards Technical Manual The FMFCD published a Post-Development Standards Technical Manual34 in 2014 to provide development and redevelopment standards to address stormwater quality requirements for projects in areas that do not drain to the Regional Stormwater Management Basin System. Per the manual, five drainage areas in the FMFCD service area do not drain into a stormwater management basin and two areas outside the service area do not drain into a regional stormwater management basin.
These post-development requirements were developed to comply with the MS4 Permit maintained for stormwater and non-stormwater discharges from MS4 to waters of the United States. The manual provides guidance and recommendations for implementing stormwater quality BMPs with the intention of improving water quality and mitigating potential water quality impacts from stormwater and non-stormwater discharges.
Fresno Metropolitan Flood Control District Standard Plans and Specifications The FMFCD maintains a set of standard specifications and plans intended to serve as requirements for FMFCD improvements and projects. The specifications and plans are maintained and published by FMFCD for use by designers and contractors.
3.10.4 - Methodology
The potential project-related impacts related to hydrology and water quality were evaluated on a qualitative basis due to the programmatic nature of this Recirculated Draft PEIR. Qualitative impacts were assessed by evaluating the project’s potential for impacting hydrology and water quality within the Plan Area based on information regarding the current service commitments and capacities of public service providers within the Plan Area.
Technical studies were developed to analyze the impacts of development under the proposed Specific Plan versus the approved General Plan; the Storm Drain and Water Technical Studies are applicable to this section. General Plan land use classifications and Specific Plan land use classifications were provided by the City of Fresno Planning and Development Department in the form of Geographic Information System (GIS) and Shape files. GIS and Shape files were also obtained from the City of Fresno Department of Public Utilities for the existing facilities in Fresno, including the Plan Area.
The Water Technical Study (Appendix F) focused on the analysis of water demand in the Plan Area and how it may change based on Specific Plan development. For the General Plan land use case, the technical memorandum prepared by West Yost Associates for the City of Fresno General Plan Update Master EIR35 was used in obtaining projected water demand data for SEDA. For the Specific Plan analysis, the water demand factors used were prepared by Akel Engineering as part of the Metro Plan Update.
36 The GIS files for the General and Specific Plan land uses were used to determine the total areas of each land use classification. The water demand factors were then used with the area of the corresponding land use classification to determine a total water demand for the Plan Area based
34 Fresno Metropolitan Flood Control District (FMFCD). Post-Development Standards Technical Manual. June 2014. 35 West Yost Associates. Hydraulic Evaluation of the Proposed 2035 General Plan Land Use Update for the Master Environmental Impact Report. Table 2. Water Demand Comparison for General Land Use Plan Land Changes. January 21, 2013. 36 Akel Engineering Group Inc. Water and Wastewater Unit Factor Update for Metropolitan Water Resources Management Plan Update. October 2020.
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The Storm Drain Technical Study focused on comparing the changes in Equivalent Area for each drainage area of the General Plan to the Specific Plan to determine potential impacts to future storm drain collection systems. The methodology used to calculate the CA values for each case utilized land use data obtained from the City and design data from FMFCD. For the General Plan land use analysis, the FMFCD’s “Recommended Design C-Factors for the City of Fresno” was used. Not all land uses described in the General Plan are listed in this table, so some C-Factors were estimated based on their description, while others were taken from FMFCD’s hydraulic and hydrology spreadsheets when possible. The FMFCD is currently developing updated C-Factors for the SEDA Specific Plan land use classifications; a set of preliminary values have been developed, and these were used in completing the SEDA Specific Plan analysis. The Equivalent Area data was used to evaluate the required storage capacity for each drainage area, and how this compared to the existing/proposed drainage basins in the Plan Area.
The results from the Technical Studies, along with various City, State, and federal planning documents, were used to analyze and assess the impacts of all utilities systems within the Specific Plan Area and to determine the thresholds of significance for each impact.
3.10.5 - Thresholds of Significance
The Lead Agency utilizes the criteria in the CEQA Guidelines Appendix G Environmental Checklist as thresholds to determine whether hydrology and water quality impacts are significant environmental effects.
Appendix G to the CEQA Guidelines is a sample Initial Study Checklist that includes questions for determining whether impacts to resources are significant. These questions reflect the input of planning and environmental professionals at the Governor’s Office of Planning and Research and the California Natural Resources Agency, based on input from stakeholder groups and experts in various other governmental agencies, nonprofits, and leading environmental consulting firms. Accordingly, the City has derived its significance criteria, based, in part, on the questions posed in Appendix G. These significance criteria are as follows:
The proposed project would have significant impact on the environment if the proposed project would:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.
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(i) R esult in substantial erosion or siltation on- or off-site; (ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
(iii) C reate or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
(iv) I mpede or redirect flood flows.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
3.10.6 - Project Impacts and Mitigation Measures
This section discusses potential impacts associated with the development of the proposed project and provides mitigation measures where appropriate.
Surface and Groundwater Quality
Impact HYD-1: The proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.
Impact Analysis
Development of the proposed project would result in new industrial, commercial, residential, and mixed-use land uses that would increase the amount of paved impervious surfaces within the Plan Area. This increase in impervious surfaces would increase stormwater runoff at greater rates and volumes than what was predicted under the General Plan. FMFCD is responsible for developing and implementing the Storm Drain Master Plan for the City. As land is developed, the FMFCD works with developers and the City to implement the storm drainage system to collect and dispose of the increased runoff rates and volumes and prevent them from entering local surface waters, including the San Joaquin River, local creeks, and numerous irrigation canals that cross through the Plan Area.
Development within the Plan Area would be required to comply with the requirements of all applicable rules and regulations, including the NPDES Construction General Permit, which would reduce the effects of construction and operational activities on water quality.
Construction
Buildout of the Specific Plan would result in various construction activities in the Plan Area for new individual projects which could present risks to surface water quality. Ground-disturbing activities such as grading, excavation, placing fill, trenching, spoil pile storage, and backfilling of trenches would increase the potential for erosion and sedimentation, particularly during storm events.
Construction vehicles and equipment could deposit constituents such as diesel fuel, hydraulic fuel, City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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New projects that are 1 acre or larger in size will be required to comply with the General Construction Permit, Order No. 2012-0006-DWQ, issued by the State Water Board, and will need to develop and implement a SWPPP to estimate sediment risk from construction activities to receiving waters, and specify BMPs that would be used by the project to minimize pollution of stormwater.
Future development would be required to prepare, implement, and be consistent with the Construction General Permit, including the SWPPP and BMPs, which would reduce project construction impacts on water quality to less than significant. Therefore, construction impacts associated with water quality standards and WDRs would be less than significant.
Operation
The Plan Area will eventually be under the jurisdiction of the FMFCD for stormwater and flood control management. (Portions of the Plan Area are currently within FMFCD boundaries, with the rest actively being developed and annexed.) Stormwater runoff is collected by FMFCD facilities and will typically end up in retention basins. These basins will sometimes be forced to discharge water to surface waters during periods of heavy or consistent rain. These discharges may increase the concentration of sediment and pollution found in stormwater.
Typically, stormwater runoff from urban development contains an array of constituents, such as automotive fluids (e.g., fuels, oils, antifreeze), combustion and exhaust byproducts (e.g., lead, cadmium, nickel), sediments, fertilizers, pesticides, herbicides, and nutrients and bacteria pollutants from domestic and agricultural animal waste. These constituents are expelled into the environment throughout the year, where they settle onto the ground surface. During the wet season, stormwater runoff conveys these pollutants downstream, resulting in polluted stormwater runoff, especially during the first storm events of the season.
Water quality treatment for post-construction discharges to stormwater in the FMFCD urban flood control system area is provided by retention basins. Development in the FMFCD Master Plan area is exempt from further water quality requirements as long as the FMFCD’s Storm Water Quality Management Plan is implemented. Storm drainage improvements are funded by local drainage fees paid by developments and constructed by either FMFCD, developers, or both. Basins are effective at reducing average concentrations of a broad range of contaminants via filtration through soil and are built to design criteria exceeding Statewide Standard Urban Stormwater Mitigation Plan standards.
There are seven existing basins contributing to stormwater collection for the Plan Area and six proposed basins within the Plan Area. FMFCD basins are designed for a capacity not less than 60 percent of average annual runoff.
The City is a co-permittee with the FMFCD, the County of Fresno, the City of Clovis, and California State University Fresno in the Phase 1 NPDES Permit for Stormwater Discharges from MS4s. This Phase 1 MS4 Permit requires that the City and its co-permittees implement water quality and watershed protection measures for all development projects. The WDRs contained in the NPDES City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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The General Plan and this proposed Specific Plan also include policies designed to reduce impacts to water quality. Future development would be required to prepare, implement, and be consistent with the NPDES Permit as well as continued implementation of General Plan and Specific Plan policies, which would reduce project operational impacts associated with water quality standards and wastewater discharge requirements to less than significant.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
Groundwater Supply/Recharge
Impact HYD-2: The proposed project could substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.
Impact Analysis
Implementation of the proposed Specific Plan would generate an additional 1.7 percent (0.33 MGD) of groundwater demand in the Plan Area than what was predicted by the General Plan; as such, impacts to groundwater could be significant without mitigation. The City’s water system depended completely on groundwater as a water source until 2004, when the first SWTF was commissioned.
Today, groundwater is still a primary water source for the City.
Total groundwater recharge in 2020 was 132,480 AF (24,970 AF of natural recharge, 47,510 AF of subsurface inflow, and 60,000 AF of intentional recharge); the total projected groundwater recharge for 2035 is 149,100 AF (26,280 AF of natural recharge, 54,720 AF of subsurface inflow, and 68,100 AF of intentional recharge) and for 2045 is 159,820 AF (26,790 AF of natural recharge, 59,530 AF of subsurface inflow, and 73,500 AF of intentional recharge) during normal water years and assuming groundwater characteristics are not altered due to climatic events or regulatory influences from SGMA.
37 Per the FMFCD, six new basins are proposed for the Plan Area for stormwater runoff collection.
These basins would likely function as retention basins and retain the stormwater runoff for percolation through the soil to the underlying groundwater aquifer. While impervious surfaces would
37 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan, Table 6-1, Components to Groundwater Yield for Normal Years. July.
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The existing and proposed basins will facilitate stormwater collection, which will encourage groundwater recharge through collection. Of the seven existing basins encompassed by the Plan Area and the six proposed basins, two proposed basins will require revisions to their designs to accommodate the increase in runoff volume. Proposed Basin DW does not have sufficient capacity to accommodate the increased runoff (available volume is exceeded by 12.8 AF), and Basin DX experiences a change in volume of 25.4 percent (exceeds FMFCD’s limit of 20 percent before basin must be revised in size/location).
Groundwater pumping has been greatly reduced since the activation of the first SWTF in 2004 and has only further declined as a result of a second SWTF; per the 2020 UWMP , groundwater pumping has decreased from 165,200 AFY in 2003 to 55,000 AF in 2020. 38 Surface water has allowed the City
to reduce its dependance on groundwater as a water supply. Prior to 2004, 100 percent of Fresno’s water demand was met with groundwater. In 2004, the City’s first SWTF, the NESWTF, was constructed and activated; it provided 10–15 percent of the City’s potable water demand from 2005–2014, and 15 percent from 2016–2020. With the addition of the T-3 Water Storage and modular SWTF (T-3 SWTF) in 2015 and the SESWTF in 2018, the City was able to provide greater than 50 percent of its potable water supply with surface water in 2019 and 2020.39 The City plans on expanding surface water treatment capacities and groundwater recharge activities to further reduce groundwater reliance.
Currently, the Kings Groundwater Subbasin is in a state of overdraft as defined by the DWR. In November 2019, the North Kings GSA adopted the North Kings GSP (prepared by Provost & Pritchard) with the sustainability goal to ensure that by 2040 the Kings Groundwater Subbasin is being managed in a sustainable manner by balancing water demand with available water supply.
Continued participation and compliance with the North Kings GSP by the City and other member agencies would ensure a balance of pumping and recharge in the basin by 2040. The GSP was submitted to the California DWR in January 2020. The DWR issued a response in January 2022 stating that the GSP was incomplete, after which the GSP was revised and resubmitted in July 2022.
The DWR issued a letter on August 4, 2023, which approved the GSP and proposed a number of additional recommended corrective actions to be included per the DWR SGMA Portal GSP Status Summary.
40 These are incorporated as Mitigation Measure (MM) HYD-2a. Impact to groundwater supplies and groundwater recharge will be less than significant with mitigation incorporated.
The 2020 UWMP presents data available for actual water supply and demand for the year 2020, as well as projected water usage. For 2020, the projected potable water demand for the City in 2035 is 154,210 AF, but the actual total potable water demand for the City was 121,993 AF. 41 The projected
38 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan, Figure 6-7, Historic Groundwater Production. July.
39 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan. July 2021. 40 California Department of Water Resources, SGMA Portal. 2023. GSP Status Summary. Website:
https://sgma.water.ca.gov/portal/gsp/status. Accessed January 23, 2025. 41 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan, Table 4-6, Projected Demands for Water:
Potable (DWR 4-2R), and Table 4-7, Projected Demands for Water: Nonpotable (DWR 4-2R). July.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
3.10-40 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx nonpotable water demand for the City for groundwater recharge is 68,100 AF for 2035. The estimated groundwater yield for the City in 2035 is projected to be 149,100 AF, assuming groundwater characteristics are not altered due to climatic events or regulatory influences from SGMA, indicating that groundwater alone will not be sufficient to meet future City demands, including those for SEDA. However, estimated surface water supplies for the City are projected to be 191,600 AF for 2035 (60,000 via USBR, 131,600 via FID) during normal water years, as well as 5,910 AF of recycled water.
42 Total projected water supply for the City in 2035 is 346,610 AF during normal water years, assuming groundwater characteristics are not altered due to climatic events or regulatory influences from SGMA, and total projected demand is 222,310 AF. The estimated increase in total water use for SEDA in accordance with the Specific Plan selected alternative is 0.33 MGD, or 370 AF. This results in a modified projected potable demand for the City in 2035 of 154,580 AF, with a total water demand (potable and nonpotable) of 222,680 AF. Nonetheless, impacts to water supply and demand would be considered at the time of annexation for each specific parcel.
Assuming groundwater characteristics are not altered due to climatic events or regulatory influences from SGMA, the estimated increase in water demand for the Plan Area could be met with current water supplies in normal year and dry year scenarios; however, securing additional water supplies would likely improve these chances. Therefore, impacts on groundwater supplies would be less than significant with mitigation incorporated.
Level of Significance Before Mitigation
Potentially significant impact.
Mitigation Measures
Implement MM UTIL-2a, MM UTIL-2b, MM UTIL-2c, and the following:
MM HYD-2a The City shall continue to be an active participant in the North Kings Groundwater Sustainability Agency (North Kings GSA) and the implementation of the North Kings Groundwater Sustainability Plan (North Kings GSP) in order to ensure that the Kings Subbasin has balanced levels of pumping and recharge. The City shall confirm that each project for future development in the Fresno Southeast Development Area Specific Plan Area (Plan Area) has incorporated any resulting standards prior to issuing approval for any development applications that require discretionary approval.
MM HYD-2b Prior to approving development per the Southeast Development Area (SEDA) Specific Plan for the Fresno SEDA Specific Plan Area (Plan Area), the City shall evaluate the water supply system to determine whether the proposed development will exceed the existing water supply capacity. If it is determined that such development would exceed the existing water supply capacity, the City shall provide additional capacity through water system improvements for the Plan Area in accordance with the City Metropolitan Water Resources Management Plan (Metro Plan).
42 Water Systems Consulting, Inc. 2021. City of Fresno 2020 Urban Water Management Plan. July 2021.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
FirstCarbon Solutions 3.10-41
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MM HYD-2d The City shall develop new and expand existing groundwater recharge facilities to balance increased water demands resulting from the Fresno Southeast Development Area Specific Plan Area (Plan Area). New and expanded groundwater recharge facilities shall be in accordance with the City of Fresno General Plan and City Metro Plan. The City shall complete these measures prior to approving any new project applications for future development in the project area that require a discretionary approval and shall confirm that each project has incorporated any resulting standards prior to issuing approval.
MM HYD-2e The City shall continue to develop and implement water conservation measures to reduce the per capita water use to 190 gallons per capita per day (gpcd) in accordance with the conservation target specified in the Fresno General Plan.
Level of Significance After Mitigation
Less than significant impact with mitigation incorporated.
Drainage Leading to Erosion/Siltation, Flooding, Additional Sources of Polluted Runoff, or Impedance of Flood Flows
Impact HYD-3: The proposed project could 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) R esult in substantial erosion or siltation on- or off-site; (ii) S ubstantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
(iii) C reate or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
(iv) I mpede or redirect flood flows?
Impact Analysis
i) Result in substantial erosion or siltation on- or off-site Construction
Construction activities associated with buildout of the Specific Plan would result in ground- disturbing activities such as grading, excavation, placing fill, trenching, spoil pile storage, and backfilling of trenches. These activities could lead to silt-laden stormwater contributing to downstream surface water degradation. Development within the Plan Area could require the City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
3.10-42 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx realignment of an existing stream or canal, which could result in the erosion of soils within the channel or channel banks during rainfall events that could result in siltation of stormwater runoff that leaves/enters the stream or canal. This silt-laden stormwater could contribute to downstream stormwater degradation.
Regulatory requirements such as the City’s grading plan check process, the FMFCD Storm Drain Master Plan, and the NPDES Construction General Permit would reduce the impacts of construction activities on drainage patterns and erosion.43
Development within the Plan Area would be required to comply with the City’s grading plan check process. Developers must submit grading plans in compliance with the California Building Standards Code (CBC), the Storm Drain Master Plan, and the NPDES Construction General Permit and obtain approval from the FMFCD.
The Storm Drain Master Plan includes proposed elevation of curbs in undeveloped areas, delineation of storm drain inlet watershed areas, collection system pipeline alignments and sizes, and retention basin or urban detention basin locations and sizing. Development in conformance with the Storm Drain Master Plan would ensure that the Plan Area is graded to drain into storm drainage facilities, which collect and dispose of stormwater from the planned development. Retention and urban detention basins intercept and remove silt from stormwater before it is discharged to surface water features.
The grading plan review process for future individual development projects in the Plan Area would identify any plan to alter the course of any creek, stream, or irrigation canal. In this case, the City would require additional other reviews, permits, and agreements with agencies such as the USACE, the United States Fish and Wildlife Service (USFWS), the CDFW, the Central Valley Flood Protection Agency, the State Water Board, the Central Valley RWQCB, the FMFCD, and the FID. Possible permits and agreements include the CWA Section 401 and 403 permits, Endangered Species or Habitat Plan, Section 1603 Streambed Alteration Agreement, and Irrigation Canal Encroachment permit.
Agreements would need to be made prior to the issuance of grading permits.
The NPDES Construction General Permit program is administered for the City by the Central Valley RWQCB. It regulates sources of erosion at construction sites that would result in the discharge of silt- laden stormwater from the site and into subsequent receiving waters during both construction and operations activities.
Compliance with the grading plan check process along with other regulations described above would reduce project construction impacts on drainage patterns and erosion to acceptable levels.
Therefore, construction impacts associated with erosion would be less than significant.
43 City of Fresno Planning and Development Department Building and Safety Services Division. 2021. Grading Plan Process. Website:
https://www.fresno.gov/darm/wp-content/uploads/sites/10/2021/09/GRADING_PLAN_REQUIREMENTS_2021.pdf. Accessed July 6, 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
FirstCarbon Solutions 3.10-43
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Implementation of the proposed project would result in new commercial, residential, employment, and mixed-use land uses. Grading and increases in impervious surfaces resulting from this development could alter alignments of existing creeks, streams, or irrigation canals and increase stormwater runoff rates. Higher rates of stormwater runoff would increase the potential for soil erosion. FMFCD works with developers and the City to collect and prevent silt-laden stormwater from entering local surface waters, including several irrigation canals that run through the Plan Area.
As part of the Storm Drain Master Plan, new aboveground storm drainage infrastructure would direct runoff to underground pipelines, which would convey the stormwater to proposed retention and urban detention basins within the Plan Area. Discharges from the basins could increase the concentration of sediment in the receiving waters.
As described above, future individual development projects under the Specific Plan would be required to obtain a grading permit from the City and follow the grading plan check process. As a co- permittee in the Phase I NPDES Permit, development associated with the proposed Specific Plan would be reviewed to ensure coverage under the Construction General Permit.
Portions of the Plan Area are currently in agricultural use. At buildout of the proposed project, these areas may be developed with land uses consisting of buildings, paved area, and landscaping. Bare soil on farmland is more susceptible to erosion than developed urban land. Therefore, buildout of the proposed project is expected to cause some reduction in on-site erosion.
The General Plan and the proposed Specific Plan include objectives and policies that would reduce potential impacts related to erosion and siltation. Along with the grading plan check process, continued implementation of the proposed Specific Plan and approved General Plan would reduce project operational impacts associated with alteration of drainage patterns, streams or creeks, and erosion to less than significant levels.
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site
Construction
Construction activities associated with buildout of the Specific Plan would result in ground- disturbing activities such as grading, excavation, placing fill, trenching, spoil pile storage, and backfilling of trenches. These activities would change existing surface drainage patterns and increase the potential for flooding, particularly during storm events. While temporary, ground-disturbing construction activities that substantially compact the development site soils could increase runoff volumes that could result in flooding on or off the construction site.
Development within the Plan Area could propose realigning an existing stream or canal; doing so could result in the alteration of drainage patterns that could result in flooding on or off the construction site.
Regulatory mechanisms in place that would reduce the impacts of construction activities on drainage patterns that could result in flooding on or off the construction site include compliance City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Operation
Development consistent with implementation of the proposed Specific Plan would result in new commercial, residential, employment, and mixed-use land uses that would regrade undeveloped land to new grading patterns, may propose to alter the alignments of existing creeks, streams, or irrigation canals, and would increase impervious surfaces, which would increase stormwater runoff rates. Higher runoff rates and greater volumes of stormwater runoff would increase the potential for flooding of the development site and off-site locations. Since the FMFCD is responsible for developing and implementing the Storm Drain Master Plan for the City, the FMFCD works with developers and the City to implement the storm drainage system to collect and dispose of the increased stormwater runoff rates and volumes and prevent flooding as a result of the development and grading of the land. The storm drainage system that would be implemented for the Plan Area would include street, curbs, and gutters that direct stormwater to storm drain inlets and underground pipelines. The pipelines convey the runoff to retention and urban detention basins to be located at strategic locations in the Plan Area. The basins dispose of the runoff through percolation into the soil and, in emergencies and in preparation for the next series of rain events, through pumping to designated irrigation canals. The urban detention basins discharge to the San Joaquin River.
Development under the proposed Specific Plan would be required to obtain a grading permit from the City and follow the grading plan check process as described above. Developments would also be required to be designed and graded so as to not impede the flow of flood waters through or around their sites. This process would reduce the potential for long-term flooding impacts to less than significant.
Additionally, the proposed Specific Plan and the approved General Plan include objectives and policies that would reduce potential flooding impacts. Along with the grading plan check process, continued implementation of the proposed Specific Plan and approved General Plan would reduce project operational impacts associated with flooding due to alterations of drainage patterns to less than significant levels.
iii ) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff Construction
FMFCD implements the Storm Drain Master Plan and the District Services Plan. Local storm drainage Master Plan engineering of storm drain facilities analyzes the topography, planned land use, climatology, and geology to produce a detailed drainage hydrology for each local drainage area.
Following these analyses, plans for preliminary pipeline or alternative conveyance systems are completed using runoff flow calculations based on planned land uses to guide retention basin size City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
FirstCarbon Solutions 3.10-45
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Operation
Development as part of the proposed project would increase impervious surfaces on-site and thus increase runoff from the Plan Area. The buildout of the proposed Specific Plan when compared to the General Plan would result in a net change of 248 AF in expected runoff; FMFCD allows a 20 percent change in required basin volumes before the basin must be modified. As illustrated in Table
3.10-2, buildout of the Specific Plan would not result in a change of volume of more than 20 percent or exceed the remaining basin volume for existing basins encompassed within the Plan Area. As illustrated in Table 3.10-3, buildout of the proposed Specific Plan would result in a change in required volume of more than 20 percent in one proposed basin (Basin DX) and the exceedance of one proposed basin’s capacity (Basin DW). This creates a potentially significant impact. However, Implementation of MM HYD-2 through 4, which includes revisions to Basin DX and Basin DW plans, would reduce impacts to a less than significant level.
Table 3.10-2: General Plan and Specific Plan Anticipated Runoff Volume for Existing Basins Encompassed within SEDA Specific Plan Area
Drainage Area
GP FMFCD Design
Runoff Volume
(AF)
SP Runoff Volume
Increase
(AF)
SP Runoff Volume
Increase
(%)
GP FMFCD Basin
Design Volume
(AF)
Remaining Basin
Volume
(AF)
BG 213.2 8.50 4.0% 232.1 10.4
BL 274.0 4.00 1.5% 301.1 23.1
BM 379.3 0.46 0.1% 390.4 10.7
BS 332.2 5.34 1.6% 396.7 59.2
CS 310.4 4.75 1.5% 346.5 31.3
Notes:
AF = acre-feet
FMFCD = Fresno Metropolitan Flood Control District
GP = General Plan
SP = Specific Plan
Source: Blair, Church & Flynn Consulting Engineers. SEDA Specific Plan Storm Drain Technical Study. June 10, 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
3.10-46 FirstCarbon Solutions
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Drainage Area
GP FMFCD Design
Runoff Volume
(AF)
SP Runoff Volume
Increase
(AF)
SP Runoff Volume
Increase
(%)
GP FMFCD Basin
Design Volume
(AF)
Remaining Basin
Volume
(AF)
DS 433.8 85.2 19.6% 1,383.3 864.3
DT 207.3 18.7 9.0% 232.4 6.4
DU 305.0 3.8 1.3% 323.8 15.0
DV 171.7 6.6 3.8% 230.0 51.7
DW 212.3 34.4 16.2% 233.9 -12.8
DX 215.7 54.8 25.4% 304.5 34.0
DY 279.9 10.4 3.7% 295.2 4.9
DZ 237.4 11.1 4.7% 263.6 15.1
Notes:
AF = acre-feet
FMFCD = Fresno Metropolitan Flood Control District
GP = General Plan
SP = Specific Plan
Source: Blair, Church & Flynn Consulting Engineers. SEDA Specific Plan Storm Drain Technical Study. June 10, 2022.
As discussed above, stormwater runoff from urban development contains an array of pollutants.
Future individual development project would be required to comply with General Plan and the proposed Specific Plan policies and implement water quality and watershed protection measures for all development projects as part of its NPDES Phase 1 MS4 Permit. Furthermore, impacts associated with water quality standards and wastewater discharge requirements would be less than significant. iv) Impede or redirect flood flows
Constructing buildings in floodplains puts those structures in danger of repeated flooding. The sources of flooding in the Plan Area include several irrigation canals, including Redbank Creek, the Gould Canal, the Gray Colony Canal, Dog Creek, the Mill Canal, the Temperance Canal, the Fancher Creek Canal, the Briggs Canal, the East Branch West Branch Canal, the Hansen Canal, and the Armstrong Canal.
FEMA prepares FIRMs to map flood zones in order to assist communities with floodplain management regulations and flood insurance requirements. FEMA has prepared multiple FIRMs for the City that show floodplain zones throughout Fresno and surrounding areas. According to the FIRMs that include SEDA, a majority of the Plan Area is outside the 100-year flood zones; most areas are located within Zone X (Unshaded) (outside of the 500-year (0.2 percent annual chance) floodplain with minimal risk of flooding). However, several areas in the northern portion of SEDA (north of SR-180) are within zones of higher flood chances, including Zones X (shaded) (between the 100-year and 500-year floodplain with moderate risk of flooding), Zone A (SFHA within the 100-year City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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Per the FEMA FIRM, areas surrounding and along the Fancher Creek are within Zone X (shaded), the area containing the Redbank Detention Basin is within Zone A, areas surrounding and along the Mill Ditch and Redbank Creek are within Zone AE, and a portion of the Redbank Creek along the northern SEDA border is defined as a Regulatory Floodplain.
The City participates in the NFIP which adopts FIRMs, appoints a trained Floodplain Administrator, adopts a floodplain ordinance modeled after the Flood Insurance Program (FIP) model ordinance, and enforces the ordinance and the requirements of Title 40 of the Code of Federal Regulations (40 CFR-Protection of Environment), Subchapter D (Water Programs, Parts 100–149). The City enforces these requirements through Chapter 11, Article 6 of the Fresno Municipal Code (Fresno Flood Plain Ordinance), which outlines specific requirements for floodproofing of structures. The Specific Plan include developments that would be located within these SFHAs; development within these areas would require substantial floodproofing and any required review and approval of the developments by the City, FMFCD, FEMA, and any other governing body. If developments follow the floodplain ordinance and General Plan objectives and policies are implemented, impacts associated with flooding of developments within the 100-year floodplain would be less than significant.
Development as part of the proposed Specific Plan would increase the area of impervious surfaces within the Plan Area and thus increase runoff from the Plan Area. However, compliance with federal, State, and local regulations and requirements to prevent development within the 100-year floodplain, installation of flood protection mechanisms, and implementation of MM HYD-2 through 4 would reduce impacts to a less than significant level with mitigation incorporated.
Level of Significance Before Mitigation
Potentially significant impact.
Mitigation Measures
Prior to approving any development in the Plan Area, the City shall implement the following mitigation measures and shall document the results of each.
MM HYD-3a The City shall support the Fresno Metropolitan Flood Control District (FMFCD) in updating the Storm Drainage and Flood Control Master Plan for the Plan Area to include the proposed basins and the analysis necessary to provide adequate capacity for future stormwater runoff resulting from future development of the Southeast Development Area (SEDA) Specific Plan. The City shall complete these measures prior to approving any new project applications for future development in the Fresno SEDA Specific Plan Area (Plan Area) that require a discretionary approval and shall confirm that each project has incorporated any resulting standards prior to issuing approval.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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MM HYD-3c The City shall support the Fresno Metropolitan Flood Control District (FMFCD) in reevaluating proposed Basins DW and DX for available capacities and shall expand these basins or construct additional basins to accommodate the future stormwater capacities from development in the Southeast Development Area (SEDA) Specific Plan Area (Plan Area) in accordance with the SEDA Specific Plan. The City shall complete these measures prior to approving any new project applications for future development in the Plan Area that require a discretionary approval and shall confirm that each project has incorporated any resulting standards prior to issuing approval.
MM HYD-3d The City shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan collection systems within the Fresno Southeast Development Area (SEDA) Specific Plan Area (Plan Area) to less than significant:
• Require developments that increase site imperviousness to install, operate, and maintain Fresno Metropolitan Flood Control District (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-3e The City shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan retention basins within the Fresno Southeast Development Area Specific Plan Area (Plan Area) to less than significant:
• Prior to approval of development projects, support the Fresno Metropolitan Flood Control District (FMFCD) in updating the Storm Drainage and Flood Control Master Plan to analyze the impacts to existing and planned retention basins within the Plan Area 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. - Increase the size of the emergency relief pump capacity required to pump excess runoff volume out of the basin and into adjacent canals that convey the stormwater to a disposal facility for existing retention basins.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
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MM HYD-3f The City shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan urban detention (stormwater quality) basins within the Fresno Southeast Development Area Specific Plan Area (Plan Area) to less than significant:
• Prior to approval of development projects, support the Fresno Metropolitan Flood Control District (FMFCD) in updating the Storm Drainage and Flood Control Master Plan to determine the impacts to the urban detention 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.
- 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-3g The City shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan pump disposal systems within the Fresno Southeast Development Area Specific Plan Area (Plan Area) to less than significant:
• Prior to approval of development projects, support the Fresno Metropolitan Flood Control District (FMFCD) in updating the Storm Drainage and Flood Control Master Plan 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 FMFCD design standard on-site detention facilities 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 Storm Drainage and Flood Control Master Plan update.
Level of Significance After Mitigation
Less than significant impact with mitigation incorporated.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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Impact HYD-4: The proposed project would not be located in a flood hazard zone, tsunami, or seiche zone, or risk release of pollutants due to project inundation.
Impact Analysis
Development of structures in floodplains puts those structures at risk from flooding. The sources of flooding in the Plan Area include several irrigation canals, including Redbank Creek, the Gould Canal, the Gray Colony Canal, Dog Creek, the Mill Canal, the Temperance Canal, the Fancher Creek Canal, the Briggs Canal, the East Branch West Branch Canal, the Hansen Canal, and the Armstrong Canal.
There are regulatory facilities that help control flooding in Fresno, including the Big Dry Creek Dam and Reservoir, the Fancher Creek Dam and Fancher Creek Detention Basin, and the Redbank Dam and Redbank Creek Detention Basin.
Construction
FEMA prepares FIRMs to map flood zones in order to assist communities with floodplain management regulations and flood insurance requirements. FEMA has prepared multiple FIRMs for the City that show floodplain zones throughout Fresno and surrounding areas. According to the FIRMs that include SEDA, a majority of the Plan Area is outside the 100-year flood zones; most areas are located within Zone X (unshaded), outside of the 500-year (0.2 percent annual chance) floodplain with minimal risk of flooding. However, several areas in the northern portion of SEDA (north of SR-180) are within zones of higher flood chances, including Zones X (shaded), between the 100-year and 500-year floodplain with moderate risk of flooding, Zone A (SFHA within the 100-year floodplain with high risk of flooding), Zone AE (SFHA within the 100-year floodplain with high risk of flooding and known base flood elevations), and Zone A/AE Regulatory Floodplains (SFHA within the 100-year [1 percent annual chance] floodplain with high risk of flooding with areas that must be reserved for base flood discharge); these areas are mainly adjacent to existing rivers, creeks, canals, or detention basins.
Per the FEMA FIRM, areas surrounding and along the Fancher Creek are within Zone X (shaded), the area containing the Redbank Detention Basin is within Zone A, areas surrounding and along the Mill Ditch and Redbank Creek are within Zone AE, and a portion of the Redbank Creek along the northern SEDA border is defined as a Regulatory Floodplain.
The City participates in the NFIP which adopts FIRMs, appoints a trained Floodplain Administrator, adopts a floodplain ordinance modeled after the FIP model ordinance, and enforces the ordinance and the requirements of Title 40 of the Code of Federal Regulations (40 CFR-Protection of Environment), Subchapter D (Water Programs, Parts 100–149). The City enforces these requirements through Chapter 11, Article 6 of the Fresno Municipal Code (Fresno Flood Plain Ordinance), which outlines specific requirements for floodproofing of structures. The proposed Specific Plan include developments that would be located within these SFHAs; development within these areas would require substantial floodproofing and any required review and approval of the developments by the City, FMFCD, FEMA, and any other governing body. If developments follow the floodplain ordinance, and General Plan objectives and policies are implemented, impacts associated with flooding of developments within the 100-year floodplain would be less than significant.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
FirstCarbon Solutions 3.10-51
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx A tsunami is an ocean wave caused by a sudden displacement of the ocean floor, most often due to an earthquake. The Plan Area is approximately 115 miles inland from the Pacific Ocean and is at elevation ranging from about 308 feet above mean sea level (AMSL) at the southwest corner to 372 feet AMSL at the northeast corner of the Plan Area. According to the California Governor’s Office of Emergency Services (Cal/OES) MyHazards website,44 the Plan Area is not at risk of flooding due to a tsunami, and impacts would be less than significant.
A seiche is a surface wave created when an inland water body is shaken, usually by strong winds or an earthquake. It can occur in large bodies of water, such as bays and lakes, and may occur in any semi- or fully enclosed body of water. The nearest body of water capable of generating a seiche is Big Dry Creek Reservoir about 6 miles north of the Plan Area. Continued implementation of the proposed Specific Plan and the approved City General Plan would not introduce new land uses near the reservoir that could be inundated, and Big Dry Creek Reservoir is a relatively small reservoir that would not be subject to strong oscillations during an earthquake event. The Plan Area is not at risk of flooding due to a seiche, and impacts would be less than significant.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
Water Quality Control or Sustainable Groundwater Management Plans Consistency Impact HYD-5: The proposed project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
Impact Analysis
SGMA requires that governments and water agencies located in high and medium priority basins halt groundwater overdraft and bring groundwater basins into balanced level of pumping and recharge. As described in this section, the City of Fresno is located in the North Kings GSA, which includes the FID, County of Fresno, City of Fresno, City of Clovis, City of Kerman, Biola Community Services District, Garfield Water District, and the International Water District. In November 2019, the North Kings GSA prepared the North Kings GSP with the sustainability goal to ensure that by 2040, the Kings Groundwater Subbasin is being managed in a sustainable manner to maintain a reliable water supply by balancing water demand with available water supply. 45 The North Kings GSP determined that the North Kings GSA could reach sustainability by 2040 if groundwater flows from within the North Kings GSA to neighboring GSAs and basins are reduced and projects are developed to mitigate present and future projected impacts. The North Kings GSP relied on population projections and estimated water demand consistent with the City’s UWMP in order to
44 California Governor’s Office of Emergency Services (Cal/OES). 2015. MyHazards. Website: https://myhazards.caloes.ca.gov/.
Accessed June 13, 2022.
45 North Kings Groundwater Sustainability Agency (North Kings GSA). Groundwater Sustainability Plan. Website:
https://northkingsgsa.org/groundwater-sustainability-plan/. Accessed June 15, 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Hydrology and Water Quality Recirculated Draft Program EIR
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• Residential Water Meter Retrofit Project (completed)
• T-3 Surface Water Treatment Facility (completed)
• Southwest Reclamation Facility and Distribution System (completed) • Nielsen Recharge Facility (completed)
• Southeast Surface Water Treatment Facility (completed) • Northeast Surface Water Treatment Facility Expansion
• Southeast Reclamation Facility and Distribution System
Additional projects identified by member agencies and those included in the North Kings GSP may be implemented in the future depending on cost. Implementation of the SEDA Specific Plan would not conflict with or obstruct implementation of projects and management actions included in the North Kings GSP . Therefore, impacts would be less than significant.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
3.10.7 - Cumulative Impacts
The proposed Specific Plan would develop hydrological infrastructure within the Plan Area and, therefore, would generally eliminate cumulative impacts outside of it. The impacts of anticipated development and projects resulting from the Specific Plan have been analyzed in this Recirculated Draft PEIR. Most impacts are localized and would occur at different times as the Specific Plan is built out. Therefore, by nature, the proposed project would generally not combine with other projects to cause cumulatively considerable impacts. Where there are regional impacts, they would occur on a scale and of a difficulty that cannot be addressed within a Specific Plan and are being addressed with long-term planning by regional groups and State agencies. However, some potential cumulative impacts were identified and are discussed below.
Groundwater
The Kings Subbasin is in overdraft condition due to substantial groundwater pumping. Growth in the Kings Subbasin would increase demands for groundwater pumping, potentially resulting in continued drawdown of water levels leading to localized cones of depression, changes in groundwater flow direction, concentration of contaminants, and land subsidence. This is a regional problem that is being addressed through several means, including the formation of GSAs and the development of GSPs. Implementation of the Specific Plan would generate an additional 1.7 percent (0.33 MGD) of groundwater demand in the Plan Area over what was predicted by the General Plan.
However, as discussed above, this may be accommodated with full implementation of the proposed Specific Plan. The City has also placed a higher emphasis on surface water and groundwater recharge, supplying greater than 50 percent of its potable water supply with surface water in 2019 City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Hydrology and Water Quality
FirstCarbon Solutions 3.10-53
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-10 Hydrology.docx and 2020. The City is a member of the North Kings GSA; continued participation and compliance with the North Kings GSP and continued development of water conservation policies/programs and water supply infrastructure will reduce the cumulative impacts related to hydrology. This is incorporated as MM HYD-2 and will reduce impacts to a less than significant level with mitigations incorporated.
Hydrology and Water Quality
Buildout of the proposed project would increase the amount of paved impervious surfaces within the Plan Area. This increase in impervious surfaces would increase stormwater runoff rates and volumes over those that occur from development under the General Plan. This increase in runoff would have the potential to increase the amount of polluted runoff. However, as described above, additional stormwater detention basins and expanded capacity for stormwater is planned throughout the Plan Area. This is required by MM HYD-3a, MM HYD-3b, and MM HYD-3c.
Furthermore, all development projects within the Fresno-Clovis area would be required to comply with the MS4 Permit that requires the implementation of water quality and watershed protection measures. Compliance with the MS4 Permit would reduce potential impacts from cumulative projects to less than significant. Since the development under the proposed Specific Plan would also need to comply with the MS4 Permit and includes specific policies of the proposed Specific Plan and the approved City General Plan, the proposed project’s contribution to potential cumulative impacts would be less than significant with mitigations incorporated.
Level of Cumulative Significance Before Mitigation
Potentially significant impact.
Cumulative Mitigation Measures
Implement MM UTIL-2a, MM UTIL-2b, MM UTIL-2c, MM HYD-2a, MM HYD-2b, MM HYD-2c, MM HYD-2d, MM HYD-2e, MM HYD-3a, MM HYD-3b, MM HYD-3c, MM HYD-3d, MM HYD-3e, MM HYD- 3f, and MM HYD-3g.
Level of Cumulative Significance After Mitigation
Less than significant impact with mitigation incorporated.
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City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Land Use and Planning
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3.11 - Land Use and Planning
3.11.1 - Introduction
This section describes the existing land use and potential effects from project implementation on the site and its surrounding area. Descriptions and analysis in this section are based, in part, on review of the Fresno General Plan (General Plan), Municipal Code, the proposed Fresno Southeast Development Area (SEDA) Specific Plan (Specific Plan), and aerial photos.
As further discussed in Chapter 1, Introduction, three comments were received during the Draft Program Environmental Impact Report (Draft PEIR) scoping period related to land use and planning:
• Requests that the Draft PEIR accurately captures and analyzes baseline conditions and potentially significant project-specific and cumulative impacts within and adjacent to the Planning Area.
• Requests that the Draft PEIR identifies and adopts all feasible and enforceable mitigation measures that avoid and reduce negative impacts.
• Requests that the Draft PEIR analyzes and creates mitigation measures consistent with all applicable laws, including State and federal fair housing, civil rights, and climate laws such as Senate Bill (SB) 743.
3.11.2 - Environmental Setting
Land Use
Southeast Development Area Specific Plan
The nearly 9,000-acre Plan Area is characterized by residential, mixed use, office, public facilities, and open space uses. The predominant existing uses in the Plan Area are agricultural and rural residential uses. Agricultural lands consist of vineyards, orchards, vegetable farms, and agriculture- related and commercial operations, such as plant nurseries, wineries, and other various agricultural businesses. Rural residential development is primarily concentrated in the area between State Route (SR) 180 and McKinley Avenue. There are 700 residential parcels (approximately 2.6 acres each on average), which accommodate 713 single-family homes and 13 mobile homes.
The Fresno Model Farmland Conservation Program (MFCP) recognizes the Plan Area as a location for efficient and cost-effective urban development that serves to preserve and enhance strategic agricultural lands beyond the urban edge.
The current roadway network is mainly comprised of two-lane county roads at 0.5-mile intervals, interspersed with local streets. Major roadway access corridors include Temperance, Clovis, and Jensen Avenues.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx Surrounding Land Uses
West
Locan, Temperance, and Minnewawa Avenues serve as the western boundary of the Plan Area.
Portions of the western boundary are within the Fresno city limits. Land uses to the west of the Plan Area are primarily Residential–Medium Density, Residential–Medium Low Density, and Residential– Low Density. Other land uses west of the Plan Area include commercial, industrial, public facilities, and open space.
North
Jensen Avenue, and the Fresno city limits are located along the southwestern portion of the Plan Area with Gould Canal running along the northern boundary. Land uses north of the Plan Area are within unincorporated Fresno County and within the City of Clovis limits and Sphere of Influence (SOI). City of Clovis land uses north of the Plan Area include AG–Agriculture, W–Water, VL–Very Low Density Residential (0.6-2.0 dwelling unit per acre [du/acre]) L–Low Density Residential (2.1-4.0 du/acre), and M–Medium Density Residential (7.1-15.0 du/acre).1 East
McCall and Highland Avenues form the eastern boundary of the Plan Area. Lands east of the Plan Area are within unincorporated Fresno County. According to the County of Fresno General Plan, Current Land Use Map, the land to the east of the Plan Area is predominately designated as Agriculture/Open Space and Public Lands. There are also small portions of the area to the east of the Plan Area that are designated as Residential and Rural Residential.2 South
Jensen and North Avenues form the southern boundary of the Plan Area. Lands south of the Plan Area are within unincorporated Fresno County. The predominant land uses south of the Plan Area are zoned as Exclusive Agricultural (AE-20) according to the County of Fresno General Plan.3 Land Use Designations
SEDA Specific Plan Area
Exhibit 3-11.1 summarizes the existing General Plan land use designations and zoning in the Plan Area. Chapter 2, Project Description, Exhibit 2-2, depicts the proposed land use designations for the Plan Area.
1 City of Clovis. 2014. Clovis General Plan Figure LU-2, Land Use Diagram. Website: https://cityofclovis.com/wp- content/uploads/2018/10/Figure-LU-2.pdf. Accessed June 6, 2022. 2 County of Fresno. 2000. Fresno County General Plan, Figure 1-5: Current Land Use Map. Website:
https://www.co.fresno.ca.us/home/showpublisheddocument/8398/636379166183770000. Accessed January 17, 2023. 3 County of Fresno. County of Fresno–Zoning. Website:
https://gisportal.co.fresno.ca.us/portal/apps/webappviewer/index.html?id=b921843d343d4df998b5b3c6a301756a. Accessed March 21, 2023.
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3.11.3 - Regulatory Framework
Federal
Code of Federal Regulations Part 77
Title 14 of the Code of Federal Regulations Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace, governs the Federal Aviation Administration (FAA) review of proposed construction exceeding certain height limits, defines airspace obstruction criteria, and provides for FAA aeronautical studies of proposed construction. The regulations contain three key elements: (1) standards for determining obstructions in the navigable airspace and designation of imaginary surfaces for airspace protection; (2) requirements for project sponsors to provide notice to the FAA of certain proposed construction or alteration of structures that may affect the navigable airspace; and (3) the initiation of aeronautical studies, by the FAA, to determine the potential effect(s), if any, of proposed construction or alterations of structures on the subject airspace. Pursuant to these federal regulations, any new structure or alterations to an existing structure (including portions of structures, mechanical equipment, flag poles, and other projections) with a height that would exceed Part 77 elevation thresholds is required to file a Notice of Proposed Construction or Alteration with the FAA. Part 77 Subpart C establishes obstruction standards for the airspace around airports including approach zones, conical zones, transitional zones, and horizontal zones known as “imaginary surfaces.” These imaginary surfaces rise from the primary surface (ground level at the SFO runways), and gradually rise along the approach slopes and sides of the runways. The FAA considers any objects that penetrate these imaginary surfaces as potential obstructions to air navigation. Obstructions may occur without compromising safe air navigation, but they must be marked, lighted, and noted on aeronautical publications to ensure that pilots can see and avoid them.
State
California Senate Bill 1818
California Senate Bill (SB) 1818, Chapter 928, provides developers with a density bonus and other incentives for constructing lower income housing units within a development provided the developer meets certain requirements, as enumerated in Section 65915(b) of the Government Code:
65915 (b) A city, county, or city and county shall grant a density bonus and incentives or concessions described in subdivision (d) when the applicant for the housing development seeks and agrees to construct at least any one of the following:
(1) Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code. (2) Five percent of the total units of a housing development for very low-income households, as defined in Section 50105 of the Health and Safety Code. (3) A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code.
(4) Ten percent of the total dwelling units in a condominium project as defined in subdivision (f) of, or in a planned development as defined in subdivision (k) of, City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx Section 1351 of the Civil Code, for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
With respect to parking requirements, Section 65915.p(1) states:
Upon the request of the developer no city, county, or city and county shall require a vehicular ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b) that exceeds the following ratios:
(A) Zero to one bedrooms: one on-site parking space
(B) Two to three bedrooms: two on-site parking spaces
Williamson Act
The California Land Conservation Act of 1965 (Williamson Act) allows local governments to enter into voluntary contracts with private landowners to restrict specific parcels of land to agricultural uses. In return, restricted parcel property taxes are assessed at a rate consistent with their actual use rather than potential market value. The minimum length of a Williamson Act Contract is 10 years.
Because the contract term automatically renews on each anniversary date of the contract, the actual contract length is essentially indefinite.
Quimby Act
The Quimby Act of 1965 is a State law that allows local legislative bodies to adopt requirements for the dedication of land for parks or recreational purposes, payment of fees in-lieu-of land dedication, or a combination of both, as a condition of approval for a subdivision. The requirements must be adopted by an ordinance, with definite standards for determining the amount of land dedicated, or fees paid, and the requirement must have a clear nexus to the use of the facilities by the future inhabitants of the subdivision. Project consistency with policies related to recreation is discussed in Section 3-15, Public Services, of this Recirculated Draft PEIR.
Local
Fresno General Plan
The Fresno General Plan outlines a long-range vision for the physical development of the city that reflects the community’s vision to preserve the desirable qualities of the existing community while encouraging the aspirations of the community.
Urban Form, Land Use, and Design
The Urban Form, Land Use, and Design Chapter, Chapter 3 of the General Plan, establishes a structural framework for the City and provides policy direction on urban form and a basis for land use decision-making.
Urban Form
Objective UF-1 Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Land Use and Planning
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Policy UF-1-c Identifiable City Structure. Focus integrated and ongoing planning efforts to achieve an identifiable city structure, comprised of a concentration of buildings, people, and pedestrian-oriented activity in Downtown; along a small number of transit-oriented, mixed-use corridors and strategically located Activity Centers; and in existing and new neighborhoods augmented with parks and connected by multi-purpose trails and tree lined bike lanes and streets.
Policy UF-1-d Range of Housing Types. Provide for diversity and variation of building types, densities, and scales of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.
Policy UF-1-e Unique Neighborhoods. Promote and protect unique neighborhoods and mixed-use areas throughout Fresno that respect and support various ethnic, cultural and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts.
Policy UF-1-f Complete Neighborhoods, Densities, and Development Standards. Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan.
Objective UF-12 Locate roughly one-half of future residential development in infill areas—defined as being within the City on December 31, 2012— including the Downtown core area and surrounding neighborhoods, mixed-use centers and transit-oriented development along major BRT corridors, and other non-corridor infill areas, and vacant land.
Policy UF-12-a BRT Corridors. Design land uses and integrate development site plans along BRT corridors, with transit-oriented development that supports transit ridership and convenient pedestrian access to bus stops and BRT station stops.
Policy UF-12-b Activity Centers. Mixed use designated areas along BRT and/or transit corridors are appropriate for more intensive concentrations of urban uses. Typical uses could include commercial areas; employment centers; schools; compact residential development; religious institutions; parks; and other gathering points where residents may interact, work, and obtain goods and services in the same place.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
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Ensure land use compatibility between mixed-use districts in Activity Centers and the surrounding residential neighborhoods.
Policy UF-12-e Access to Activity Centers. Promote adoption and implementation of standards supporting pedestrian activities and bicycle linkages from surrounding land uses and neighborhoods into Activity Centers and to transit stops. Provide for priority transit routes and facilities to serve the Activity Centers.
Policy UF-12-f Mixed Use in Activity Centers. Adopt a new Development Code which includes use regulations and standards to allow for mixed-uses and shared parking facilities.
Policy UF-12-g Impacts on Surrounding Uses. Establish design standards and buffering requirements for high-intensity Activity Centers to protect surrounding residential uses from increased impacts from traffic noise and vehicle emissions, visual intrusion, interruption of view and air movement, and encroachment upon solar access.
Land Use
Objective LU-1 Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment.
Policy LU-1-a Promote Development within the Existing City Limits as of December 31, 2012.
Promote new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City.
Policy LU-1-b Land Use Definition and Compatibility. Include zoning districts and standards in the Development Code that provide for the General Plan land use designations and create appropriate transitions or buffers between new development with existing uses, taking into consideration the health and safety of the community.
Policy LU-1-c Provision of Public Facilities and Services. Promote orderly land use development in pace with public facilities and services needed to serve development.
Policy LU-1-d Orderly Transition of Existing Uses. Implement updates to the Fresno Municipal Code to provide for the orderly transition of existing, legal non-conforming uses on the BRT Corridors.
Policy LU-1-f Coordination with Fresno County Land Use Planning. Seek a Memorandum of Understanding (MOU) with the County of Fresno to prohibit development inconsistent with this General Plan on unincorporated land within the City’s SOI.
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Objective LU-2 Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents.
Policy LU-2-a Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs.
Policy LU-2-b Infill Development for Affordable Housing. Establish a priority infill incentive program for residential infill development of existing vacant lots and underutilized sites within the City as a strategy to help to meet the affordable housing needs of the community.
Policy LU-2-e Neighborhood Preservation. Incorporate standards in the Development Code to preserve the existing residential quality of established neighborhoods.
Policy LU-2-f Lot Consolidation. Include incentives in the Development Code for streamlining the consolidation of very small, oddly shaped, and difficult to develop lots to create more efficient and developable parcels.
Objective LU-3 Support the successful fulfillment of plans when adopted for the Downtown Planning Area
Policy LU-3-b Mixed Use Urban Corridors that Connect the Downtown Planning Area. Support the development of mixed-use urban corridors that connect the Downtown Planning Area with the greater Fresno-Clovis Metropolitan Area with functional, enduring, and desirable urban qualities along the Blackstone Avenue, Shaw Avenue, California Avenue, and Ventura Avenue/Kings Canyon Road corridors, as shown on Figure LU-1:
General Plan Land Use Diagram.
Policy LU-3-c Zoning for High Density on Major BRT Corridors. Encourage adoption of supportive zoning regulations for compact development along BRT corridors leading to the Downtown Core that will not diminish the long-term growth and development potential for Downtown.
Objective LU-5 Plan for a diverse housing stock that will support balanced urban growth, and make efficient use of resources and public facilities.
Policy LU-5-a Low Density Residential Uses. Promote low density residential uses only where there are established neighborhoods with semi-rural or estate characteristics.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
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Policy LU-5-c Medium Density Residential Uses. Promote medium density residential uses to maximize efficient use of residential property through a wide range of densities.
Policy LU-5-d Medium-High Density Residential Uses. Promote medium-high density residential uses to optimize use of available or planned public facilities and services and to provide housing opportunities with convenient access to employment, shopping, services, and transportation.
Policy LU-5-e Urban Neighborhood Residential Uses. Promote urban neighborhood residential uses to support compact communities and Complete Neighborhoods that include community facilities, walkable access to parkland and commercial services, and transit stops.
Policy LU-5-f High Density Residential Uses. Promote high-density residential uses to support Activity Centers and BRT Corridors, and walkable access to transit stops.
Policy LU-5-g Scale and Character of New Development. Allow new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes.
Policy LU-5-h Housing Offering Amenities. Support housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces.
Policy LU-5-I Housing for Seniors. Facilitate the development of senior housing projects that are accessible to public transportation and services.
Policy LU-5-j Campus-Centered Communities. Encourage development of campus-centered communities by focusing growth around existing and planned academic facilities and by directing infrastructure to those areas.
Objective LU-6 Retain and enhance existing commercial areas to strengthen Fresno’s economic base and site new office, retail, and lodging use districts to serve neighborhoods and regional visitors.
Policy LU-6-a Design of Commercial Development. Foster high-quality design, diversity, and a mix of amenities in new development with uses through the consideration of guidelines, regulations and design review procedures.
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx Policy LU-6-b Commercial Development Guidelines. Consider adopting commercial development guidelines to assure high-quality design and site planning for large commercial developments, consistent with the Urban Form policies of this Plan.
Policy LU-6-c Appropriate Office Development. Promote the establishment of development standards for new offices, addressing location, size, and intensity necessary to meet the City’s needs. Integrate and support employment in adjacent and proximate neighborhoods.
Objective LU-7 Plan and support industrial development to promote job growth.
Policy LU-7-a Incentives for a Diversity of Industries, Increased Food Processing and Manufacturing, and Related Employment Opportunities in Fresno. Use the City’s Capital Improvement Program to set priorities for locations and timing of water, sewer, and transportation infrastructure investments by the City and initiate implementation programs to encourage development of targeted industries as identified under Policy ED-3-c, in employment land use areas designated on Figure LU-1: Land Use Diagram.
Policy LU-7-b Business and Industrial Parks. Promote business and industrial park sites that are of sufficient size, unified in design, and diversified in activity to attract a full range of business types needed for economic growth.
Policy LU-7-c Efficiency of Industrial Uses. Promote industrial land use clusters to maximize the operational efficiency of similar activities.
• Provide access to a range of transportation modes through plans and incentives, ensuring that local, regional, and national connections are available to industrial uses;
• Develop a strategy to promote rail-accessible sites for industries that need such capability; and
• Ensure timely access to the full range of urban services for industrial development by coordinating proposed plans with the annual and long-range City infrastructure planning.
Objective LU-8 Provide for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community.
Policy LU-8-a Civic and Institutional Use Compatibility. Protect civic and institutional areas from incompatible uses that could affect their vitality and contributions to the city.
Policy LU-8-c Zoning for Public Facilities. Allow public facility uses in zoning districts where appropriate.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
3.11-10 FirstCarbon Solutions
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Objective LU-9 Plan land uses, design, and development intensities to supplement and support, and not compete with, the Downtown.
Policy LU-9-a Residential Locations. Plan for new residential uses and types in a manner that help make the Downtown Planning Area a convenient destination for employment and regional retail shopping.
Policy LU-9-b Activity Centers. Plan for future Activity Centers at appropriate locations that avoid competition with Downtown businesses.
Policy LU-9-c Primacy of Downtown. Maintain the Downtown mixed-use areas as the Primary Activity Center within the city with the tallest buildings to enhance its profile and visibility.
Buildings and Design
Objective D-1 Provide and maintain an urban image that creates a “sense of place” throughout Fresno.
Objective D-4 Preserve and strengthen Fresno’s overall image through new design review and create a safe, walkable and attractive urban environment for the current and future generations of residents.
Policy D-4-f Design Compatibility with Residential Uses. Strive to ensure that all new nonresidential land uses are developed and maintained in a manner complementary to and compatible with adjacent residential land uses, to minimize interface problems with the surrounding environment and to be compatible with public facilities and services.
Policy D-4-g Development Code Update for Design Concepts. Ensure that standards in the Development Code implement General Plan design concepts for each land use type.
Objective D-7 Continue applying local urban form, land use, and design policies to specific neighborhoods and locations.
Policy D-7-b Consider preparing new community, neighborhood, and/or Specific Plans for neighborhoods and locations that were covered by repealed plans.
Mobility and Transportation Chapter
The Mobility and Transportation Chapter, Chapter 4 of the General Plan, includes objectives and policies for all modes of transportation and users of streets and highways, transit, sidewalks and City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Land Use and Planning
FirstCarbon Solutions 3.11-11
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx trails, and bicycle transportation modes, as well as parking, goods movement strategies, and the City’s airports.
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-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-e Ensure Interconnectivity Across Land Uses. Update development standards and design guidelines applicable to public and private property to achieve Activity Centers, neighborhoods and communities which are well connected by pedestrian, bicycle, appropriate public transportation, and automobile travel facilities.
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.
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-a Intensification of Bus Rapid Transit Corridors. Where traffic has previously been diverted to freeways, encourage incentives for more intense development along transportation corridors, such as the Blackstone Corridor, where there is now additional capacity.
Policy MT-2-c Reduce VMT through Infill Development. Provide incentives for infill development that would provide jobs and services closer to housing and multimodal transportations corridors in order to reduce citywide Vehicle Miles Traveled (VMT).
Resource Conservation and Resilience Chapter
The Resource Conservation and Resilience Chapter, Chapter 7 of the General Plan, establishes objectives and policies for the conservation of natural resources in Fresno. Air resources, including air quality and greenhouse gas emissions; water resources, including groundwater and waterways; energy resources; and land resources, including farmland and mineral resources, are address in this chapter.
Objective RC-2 Promote land uses that conserve resources.
Policy RC-2-a Link Land Use to Transportation. Promote mixed use, higher density infill development in multimodal corridors. Support land use patterns that make more City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
3.11-12 FirstCarbon Solutions
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Healthy Communities Chapter
The Healthy Communities Chapter, Chapter 10 of the General Plan, focuses on subjects not fully discussed in other chapters pertaining to the relationships between the built, natural, and social environments and community health and wellness outcomes.
Objective HC-2 Create complete, well-structured, and healthy neighborhoods and transportation systems.
Policy HC-2-a Healthy Neighborhoods. Promote the design of Complete Neighborhoods whose physical layout and land use mix allow for walking to local stores and services, biking, and transit use; foster community pride; enhance neighborhood identity; encourage public safety; are family-friendly; and address the needs of residents of all ages and abilities.
Objective HC-3 Create healthy, safe, and affordable housing.
Policy HC-3-g Residential Compatibility. Consider developing a program with community stakeholders to address compatibility of industrial and heavy commercial uses and zoning with established neighborhoods.
Fresno Southeast Development Area Specific Plan
The Fresno SEDA Specific Plan is framed within three significant and interrelated goals: fiscal responsibility, social equity, and environmental sustainability. The proposed Plan and policies that form its implementation framework are formulated and coordinated to meet the criteria of these overlapping goals. The proposed Specific Plan contains the following objectives and policies related to land use and planning:
Urban Form
Objective UF-1 Create complete neighborhoods in the Southeast Development Area that integrate housing, business and retail amenities. Implement a Southeast Development Area plan that balances and mixes housing, jobs, commercial businesses, services, and public facilities to help meet existing thresholds for lower vehicle miles traveled, reduced air pollution, and the efficient use of groundwater resources in compliance with the Sustainable Groundwater Management Act of 2014.
Policy UF-1.1 Land Use Diversity. Update the City Development Code to include the new SEDA zone districts and associated development standards to encourage land use diversity within the Plan Area.
Policy UF-1.6 Right-to-Farm. Establish right-to-farm practices in accordance with the Fresno County Right-to-Farm Ordinance to allow the continued operation of agricultural City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Land Use and Planning
FirstCarbon Solutions 3.11-13
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Policy UF-1.7 Buffers Between Uses. Require buffers between new industrial development and existing neighborhoods. Investigate opportunities to develop resilient green buffers between existing industrial and residential uses. Light industrial areas may serve as buffers between heavy industrial and other land uses.
Objective UF-2 Provide a mix of Regional, Community, and Neighborhood Town Centers where individuals can live, work and play.
Policy UF-2.1 Network of Town Centers. The SEDA will include mixed-use Regional, Community, and Neighborhood Town Centers that form a network of complementary employment, commercial, cultural, and civic opportunities linked by multimodal transportation systems.
Policy UF-2.2 Development Code Update. The size, density, composition, and building character of Mixed-Use Districts will be consistent with the zone district standards set forth in the SEDA Development Code update. In addition, the Plan will call upon the City of Fresno's Department of Public Work Standards, the Active Transportation Plan and the Fresno Area Express (FAX) transit plans to implement streetscape design and non-auto circulation elements.
Objective UF-3 Foster a community of tight-knit residential districts.
Policy UF-3.2 Development Code Update. The size, density, composition, and building character of Residential Districts will be consistent with the SEDA zone district standards implemented through a Development Code update. Streets and non-auto circulation elements will be implemented according to the standards set in the Development Code.
Objective UF-4 Attract high-profile businesses to create bustling and desirable Employment Districts.
Policy UF-4.2 Development Code Update. The size, density, composition, and building character of Employment Districts will be consistent with the proposed SEDA zone district standards set forth in the SEDA Development Code update. In addition, the Plan will draw upon the City of Fresno’s Department of Public Works Standards, the Active Transportation Plan, and the Fresno Area Express (FAX) transit plans to implement streetscape design and non-auto circulation elements.
Objective UF-6 Integrate urban form with a multimodal transportation network.
Policy UF-6.1 Land Use/Circulation Integration. The network of streets within the Mixed-Use Districts, Residential Districts and Employment Center districts will not only link City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
3.11-14 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx districts to one another, but to other designations beyond the Plan Area, as shown in Table 2.1 Network of Streets below.
Table 2.1: Network of Streets
Category Arterial Collector Local
Mixed-Use Districts
Regional Town Center X X X
Community Town Center X X X
Neighborhood Center – X X
Residential Districts
Mixed Residential X X X
Neighborhood Residential – X X
Rural Residential – X X
Rural Cluster Residential – X X
Employment Centers
Office Center X X X
Flexible Research and
Development
X X X
Institutional X X X
Source: City of Fresno 2020.
Housing Choice and Affordability
Objective HC-1 Mix housing types and designs throughout the Plan Area to respond to the needs of all household types. The Southeast Development Area Specific Plan accommodates a diverse range of household demographics and preferences with housing types that range from higher-density multi-family homes to medium lot single-family homes.
Policy HC-1.1 Age in Place Housing. Plan for housing suitable for different stages of life, including smaller, more affordable units for first-time buyers, singles, young couples, families, and older homeowners, as well as opportunities for multi-generational housing, housing for seniors and long-term care/assisted living facilities.
Policy HC-1.2 Family and Large Household Housing. Encourage the development of housing to serve larger households and households with children, particularly in areas served by high-capacity transit. The City of Fresno should set targets for the provision of two-plus bedroom homes for purchase and rent.
Policy HC-1.3 Accessory Dwelling Units. Allow the development of accessory dwellings or “granny flats” to increase density and affordability while maintaining character.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Land Use and Planning
FirstCarbon Solutions 3.11-15
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx Policy HC-1.4 Accessible Housing. Construct housing with practical features that provide basic access and functionality for people of all ages and various mobility and ambulatory capabilities.
Policy HC-1.6 Compatibility Between Uses. Provide for urban edge transitions that protect existing rural residential and agricultural uses from new development.
Objective HC-2 Build housing affordable to all Fresno residents using an array of regulatory, market- based, and other strategies.
Policy HC-2.1 Provision of Affordable Housing. Provide funding assistance, partnership support, and take other actions as necessary to support the construction of new affordable housing within the SEDA to meet RHNA-based targets as specified in the City of Fresno General Plan Housing Element.
The Housing Element details a comprehensive set of programs to provide an adequate supply of affordable housing. Programs entail actions by the Planning and Development Department, Fresno Housing (previously known as the Fresno Housing Authority), private and non-profit developers and others as applicable. Development in the SEDA shall be consistent with the Housing Element. Current programs include:
• Land use planning to provide for multi-family units, increased housing density, and mixed-use development.
• Actions to construct housing for specific groups, including farmworkers; special needs persons; homeless and recently homeless persons; very low-income large families; extremely low-, very low-, and low-income seniors; and other extremely low- and very low-income households.
• Strengthening partnerships with affordable housing developers. • Increasing opportunity through an equitable communities’ program, which calls for location of affordable housing in areas of high opportunity . • Preventing Displacement.
• Make incentives available to all new residential developments that target at least 25 percent of new units for families earning 80 percent of the area median income or below.
For more detailed information, please refer to the Fresno General Plan Housing Element.
Policy HC-2.3 Distribution of Housing. Promote affordable housing opportunities that are distributed throughout the Southeast Development Area to avoid concentration in any one area.
Objective HC-3 Link housing and transportation together to limit family expenditures on both housing and transportation. The multimodal transportation network connects housing and jobs within the Southeast Development Area and to other major City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
3.11-16 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx regional centers, facilitating internal travel by non-automobile means. The Urban Form Chapter addresses the location, distribution, and standards for transportation infrastructure investment, combining transportation options with land use development to ultimately lower travel costs for SEDA residents and employees.
Policy HC-3.1 Coordinated Land Use and Transportation Planning. Support regional and citywide planning efforts, such as the Regional Transportation Plan and Sustainable Communities Strategy, the Fresno General Plan, and the City’s updated Greenhouse Gas Reduction Plan that encourage the development of housing near new and existing public transportation investments.
Policy HC-3.2 Travel. Encourage accessible, mixed-use development that incorporates housing and jobs, while lowering daily vehicle miles traveled.
Policy HC-3.3 Smart Land Uses. Build smaller-lot single-family and multi-family housing types which use less energy and water than larger units.
Community Farming and Agriculture
Objective CF-1 Conserve strategic farmland outside the Southeast Development Area most likely to sustain economically viable agriculture over the long term. While the efficient, compact development pattern of the SEDA Specific Plan reduces development pressure on surrounding agricultural land, it must be bolstered by policies that directly limit farmland conversion. These policies require inter-governmental coordination between the cities of Fresno, Sanger, Clovis, Fresno County, and other neighboring cities.
Policy CF-1.1 Efficient Land Use. Reduce development pressure on farmland outside the City of Fresno Sphere of Influence (SOI) by adopting the compact, efficient land use pattern of the SEDA Specific Plan. The SEDA Plan clusters homes and jobs at more than twice the density of current trend development.
Policy CF-1.2 Future Growth Planning. Support planning efforts that channel new growth to areas already committed to urban uses inside the current SOIs of incorporated cities in Fresno County.
Policy CF-1.3 Conversion of Farmland to Nonagricultural Uses. The City of Fresno will strongly discourage the conversion of strategic farmland outside its current SOI. • Strategic Farmland Mapping Project. Support the Strategic Farmland Mapping Project conducted by the Fresno Council of Governments to identify the ‘best’ or most strategic locations to preserve farmland outside the current SOIs of incorporated cities in Fresno County.
Policy CF-1.4 Agricultural Farm Buffer. Establish an agricultural farm belt along the eastern edge of the SEDA. Farm belts provide opportunities to link agricultural land preservation City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Land Use and Planning
FirstCarbon Solutions 3.11-17
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx and increased urban efficiency with local food production in ways that positively support local economies, farms, and farmers.
Objective CF-2 Create a long-term transition zone between urban uses in the City of Fresno and agricultural land in Fresno County. Buffering urban and adjoining agricultural land uses reduce conflicts that can arise due to noise, pollution, or traffic.
Policy CF-2.1 Rural Cluster Districts. Establish Rural Cluster Districts at the eastern edge of the site, as depicted in the SEDA Plan. Rural clusters consist of clustered residential development surrounded by common land held under easements for agricultural or recreational use.
• Rural cluster farming. Allow small-scale and community farming within Rural Cluster Districts.
Policy CF-2.2 Passive Recreation. Encourage the creation of regional trails and open spaces in Rural Cluster Districts that connect urban uses to agricultural uses with trails for pedestrians, bicyclists, and equestrians.
• What is the role of rural cluster development?
- A transitional buffer. Urban areas and large agricultural operations cannot always sit side-by-side. Noise, dust, and pesticides from farms can pose health concerns for residents, while farmers need space to move machinery and goods. Rural clusters along the eastern edge of SEDA form a transition between the urban area and the agricultural lands beyond. - An attractive residential option. Rural clusters offer a rural lifestyle within an environmentally responsible land use framework that promotes active farming and open space preservation.
- A means to preserve land. Rural cluster lands can be used for organic small- scale farming, equestrian activities, or other uses compatible with the nearby homes. The vast majority of the land is preserved as viable agricultural land or open space.
Objective CF-3 Promote community farming to provide opportunities for entrepreneurs and families to grow food for commercial and household production. Community farming is intended, in part, to diversify agriculture and make residents of the Southeast Development Area stakeholders in the success of Fresno County agriculture.
Policy CF-3.1 Organic and Pesticide-Free Farming. Promote ecologically sensitive farming methods that are safe for farm workers, consumers, and residents by restricting pesticide use and promoting integrated pest management practices within the SEDA.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
3.11-18 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx Policy CF-3.2 Small farms. Create opportunities for entrepreneurs to grow food for commercial production on small plots of land (2 to 20 acres) that can provide economic opportunities for current and future Fresno residents.
• Location. Small farms in the SEDA should be located adjacent to and within open space corridors and within Rural Cluster Districts. If located within a Planned Development or Multi-Family Residential Complex, the Homeowner’s Association and/or property management company shall be responsible for the site and shall designate a liaison between the property owner(s) and the City. (City of Fresno Development Code-15-2720).
• Access. Public access to small farms should be limited or completely restricted; fencing may be required.
• Management. Management structures of small farms shall be determined as appropriate. Small farms may be privately owned or managed by non-profit organizations.
Policy CF-3.3 Community Farming. Create and expand a viable community farming program that promotes an appreciation of food and local ecology, instills a sense of stewardship and community, and provides a recreational activity.
• Community/Neighborhood Gardens. Create and support neighborhood gardens within local communities. Neighborhood gardens, such as Yo’Ville Community Garden in Southwest Fresno, are woven into the fabric of centers and residential areas, providing households with opportunities to grow some of their own produce and meet with other members of the community.
- Location. Neighborhood gardens shall be integrated into Neighborhood Centers, open spaces, and other locations that place them within walking distance of most residents’ homes.
- Access. Access to community spaces can vary. Gardens can be open to the public, or only to designated users.
- Management. Management structures of community spaces shall be determined as appropriate. Neighborhood gardens can be owned by a city or county agency or by a private landowner, and operated by a neighborhood collective, community garden association, non-profit, or city/county parks and recreation department that leases small plots of the garden to community members. Some neighborhood gardens are independent entities, while some jurisdictions have neighborhood garden programs that oversee all the gardens in a jurisdiction.
- Funding and staff assistance. The City of Fresno shall encourage neighborhood organizations to seek funding for the neighborhood garden program and/or facilitate assistance through the Fresno Parks, After School, Recreation, and Community Services Department or other
agency/organization.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Land Use and Planning
FirstCarbon Solutions 3.11-19
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx • School Gardens. Support and foster the integration of school gardens within neighborhood schools, such as the school garden located at Kepler Neighborhood School in Downtown Fresno. School gardens can serve as outdoor classrooms where students learn about soil, botany, natural cycles, nutrition, and basic gardening principles in a hands-on setting.
- Location. School gardens should be located on school grounds, or within a very short walk of a school. When possible, school gardens should be planned upon new school construction in order to maximize joint-use opportunities with the City of Fresno Parks, After School, Recreation, and Community Services Department.
- Access. Access should be controlled based on school district policies. - Management. Management structures shall be determined as appropriate.
School gardens are typically managed by at least one garden coordinator who works closely with school administration or one or more dedicated teachers. - School gardens working group. Create a working group of teachers, students, and residents to explore the development of school garden programs in the Clovis and Sanger Unified School Districts.
• Community Orchards. Support and preserve community orchards for both new and existing orchards within the SEDA. Community orchards can be integrated into the community’s open space network, serving as park-like features and enhancing connections to agriculture.
- Location. Community orchards can be integrated into public open spaces or associated with private development.
- Access. Community orchards should be unfenced, with high levels of public access.
- Management. Management structures shall be determined as appropriate. In a typical model, residents help to care for the orchards and pay fees to fund professional gardeners.
Objective CF-4 Support of Agriculture. Support Fresno agriculture, agricultural industries, and farm employees through economic development, educational training, and social programs within the Southeast Development Area.
Policy CF-4.1 Economic competitiveness. Support efforts to promote and market agricultural products to maintain the long-term viability of Fresno-area farmers. • Direct Marketing. Implement direct marketing of locally-grown produce from Fresno County and the Southeast Development Area through farmer’s markets, community-supported agricultural programs, farm- to-restaurant programs, produce stands, and other mechanisms.
• Branding of local produce. Utilize the opportunities in SEDA to support and establish Fresno as a center for locally-grown produce serving the Central Valley and California. Establish a “Fresno Grown” brand and support the “California Grown” program to promote locally-grown produce.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
3.11-20 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx • Agricultural Tourism. Encourage agricultural tourism in the SEDA to educate visitors and generate income and support for farms.
• Value-Added Processing and Distribution. Provide the opportunity for area farmers to utilize Flexible Research and Development districts for agricultural processing and distribution.
Policy CF-4.2 Educational training. Support education and technical assistance for farm employees and aspiring farm owners through direct relationships with educational and non-profit institutions.
• Public Institutions. Encourage public institutions, including Fresno State University, the State Center Community College District, and other educational institutions, to provide assistance and training to farm employees. • Non-Profit Institutions. Develop relationships with non-profit agricultural training organizations and encourage those organizations to locate in the Southeast Development Area.
Policy CF-4.3 Farm worker housing and social services. Encourage the long-term economic viability of Fresno County agriculture by supporting the housing and social service needs of farm workers.
• Housing. Provide safe, affordable, efficient housing for farm workers, permitting housing on agricultural lands and other appropriate sites within the current Sphere of Influence (refer to General Plan Housing Element). • Social Services. Encourage organizations that support farm workers through family assistance programs, translation assistance, financial literacy training, medical assistance, and other services, to locate within the Southeast Development Area.
Policy CF-4.4 Strategic plan for agriculture. Encourage the long-term economic viability of Fresno County agriculture by creating a strategic plan that comprehensively addresses the needs of farmers and farmworkers. The plan should be developed in partnership with the County and private agricultural institutions. The plan should focus on, but is not limited to:
• Develop a pathway for protection of agricultural land at risk of conversion to nonagricultural uses through a review of why and to what extent agricultural land is being converted to other uses.
• Identify how to support agricultural land conservation and what economic, environmental, public health co-benefits arise from conservation. • Analyze the existing agricultural land base and its function in the regional food system.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Land Use and Planning
FirstCarbon Solutions 3.11-21
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx • Recognize and protect environmental co-benefits of conserving agricultural lands and analyze how to reduce greenhouse gas emissions.
• Identify the benefit of agricultural land for priority populations such as beginning or Veteran farmers and ranchers; residents of disadvantaged or low-income communities; or California Native American Tribes.
Greenhouse Gas Reduction and Conservation
Objective RC-1 Meet Statewide targets set for greenhouse gas emissions reductions as set forth in the City’s updated GHG Reduction Plan, adopted in 2021.
Policy RC-1.1 Land Use Strategies. Link land use and transportation by incorporating the following components into SEDA’s land use plan:
A. Compact Development. Maximize opportunities in the SEDA for compact, higher density development in order to provide more housing, conserve resources, and reduce travel distances.
B. Design the Neighborhood, Community and Regional Town Centers in the SEDA as Mixed-Use Districts that include ground floor retail, civic and other commercial uses and upper floors of office and residential uses. Locate mixed-use development along high-quality transit corridors such as the Ventura/Kings Canyon Corridor that will serve SEDA’s Regional Town Center. Incentivize developments that are mixed use, defined as pedestrian-friendly development that blends two or more residential, commercial, cultural or institutional uses, one of which must be residential.
C. Pedestrian-Oriented Development. Providing pedestrian-friendly infrastructure such as sidewalks, paths, and direct connections to neighboring uses such as shopping, schools, libraries and parks increases the potential for people to make trips on foot, bicycle or transit instead of by car. New development should include all sidewalks, paths, trails and facilities required by the General Plan, the Active Transportation Plan and the SEDA.
D. Incentives for Pedestrian-Oriented Anchor Retail. Consider adopting and implementing incentives for new pedestrian-friendly anchor retail to be applied within the SEDA’s Regional, Community, and Neighborhood Town Centers.
E. Complete Streets. Ensure that all streets in the SEDA comply with the City’s Complete Streets Policy.
F. Transit Oriented Development. Design land uses and integrate development site plans along high-quality transit corridors such as the Ventura/Kings Canyon Corridor, with transit-oriented development that supports transit ridership and convenient pedestrian access to bus stops and station stops.
Objective RC-3 Promote water conservation and the long-term sustainability of water resources within the Southeast Development Area.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
3.11-22 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx Policy RC-3.1 Smart, Compact Land Use. Build compact communities that include more small-lot and multi-family housing options which require less water for outdoor irrigation.
Open Space, Schools, and Public Facilities
Objective OS-14 Provide water, stormwater, and wastewater infrastructure necessary to serve development in the SEDA.
Policy OS-14.2 Curb, Gutter and Sidewalk Infrastructure. Require all necessary infrastructure, such as curb, gutter, sidewalk, street trees, public benches, bike parking and amenities to be installed prior to the development of new residential neighborhoods and associated facilities.
Fresno Municipal Code
Chapter 15 of the Municipal Code outlines the City’s Zoning Ordinance, which provides a guide for the physical development of the City in order to achieve the arrangement of land uses depicted in the approved General Plan, as well as implement goals, objectives, and policies of the approved General Plan. At the time of preparation of this document, the City of Fresno Municipal Code has been most recently updated on March 14, 2023. The Development Code provides regulations of land and structures in order to protect and promote health, safety, and welfare of the public, and to ensure the orderly development of the city.
Methodology
FirstCarbon Solutions (FCS) evaluated the potential for land use impacts through review of applicable land use policy documents. FCS reviewed the General Plan and the Municipal Code to identify applicable policies and provisions that pertain to the proposed project. Finally, FCS reviewed the proposed SEDA Specific Plan for consistency with the General Plan and Municipal Code.
3.11.4 - Thresholds of Significance
The Lead Agency utilizes the criteria in the California Environmental Quality Act (CEQA) Guidelines Appendix G Environmental Checklist as thresholds to determine whether land use and planning impacts are significant environmental effects.
Appendix G to the CEQA Guidelines is a sample Initial Study Checklist that includes questions for determining whether impacts to resources are significant. These questions reflect the input of planning and environmental professionals at the Governor’s Office of Planning and Research and the California Natural Resources Agency, based on input from stakeholder groups and experts in various other governmental agencies, nonprofits, and leading environmental consulting firms. Accordingly, the City has derived its significance criteria, based in part, on the questions posed in Appendix G. These significance criteria are as follows:
The project would have a significant impact on the environment if it would:
a) Physically divide an established community.
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3.11.5 - Project Impacts and Mitigation Measures
This section discusses potential impacts associated with the proposed project and provides mitigation measures where appropriate.
Divide an Established Community
Impact LAND-1: The proposed project would not physically divide an established community.
Impact Analysis
Implementation of the proposed project would have a significant environmental impact if it were configured in such a way as to create a physical barrier or other physical division within an established community. A typical example would be a project which involved a continuous right-of- way, such as a roadway, which would divide an established community and impede access between parts of the community. The Specific Plan does not contemplate or authorize any such physical changes to an established community.
As described in Chapter 2, Project Description, the Plan Area’s land uses are predominantly agricultural and rural residential. There is currently one school, Lone Star Elementary School, which is within the Plan Area. The City has expanded rapidly over the past 20 years, and development in the newly urbanized areas has characteristics of suburban sprawl. The new residential developments are often disconnected from each other and not in close proximity to commercial areas or public facilities. New commercial centers are large and auto-oriented. This growth has highlighted the necessity to plan growth in the City of Fresno’s SOI more efficiently. The Specific Plan does not propose or approve specific development; rather, the Specific Plan provides a framework for the cohesive development of the Plan Area. In addition, the Specific Plan includes general goals and policies which will regulate future development. Implementation of the proposed project would allow for planned development and growth while promoting the emergence of new communities.
Because the proposed project would link a series of complete communities and mixed-use centers with a multimodal transportation network, the proposed project would result in increased connectivity. General Plan Policy LU-3-b would support the development of mixed-use urban corridors that connect the Downtown Planning Area with the greater Fresno-Clovis Metropolitan Area. Objective LU-4 is designed to enhance existing residential neighborhoods. Objective LU-6 would retain and enhance existing commercial areas to strengthen Fresno’s economic base and site new office, retail, and lodging use districts to serve neighborhoods and regional visitors. Objective LU-8 would provide for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community. Therefore, the proposed project would increase connectivity and support, strengthen, and connect new communities. The proposed project would not adversely impact community connectivity nor divide the physical arrangement of the community. As a result, a less than significant impact would occur.
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Less than significant impact.
Mitigation Measures
None required.
Conflict with Applicable Plans, Policies, or Regulations Impact LAND-2: The proposed project would not 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.
Impact Analysis
The General Plan Guidelines published by the State Office of Planning and Research define consistency as follows: “An action, program, or project is consistent with the General Plan if, considering all its aspects, it will further the objectives and policies of the General Plan and not obstruct their attainment.” Therefore, the standard for analysis used in this Recirculated Draft PEIR is based on general agreement with the policy language and furtherance of the policy intent (as determined by a review of the policy context). A comparison of the proposed Plan’s characteristics with all applicable objectives outlined in the General Plan as they relate to land use issues are presented in Table 3.11-1; as shown, the proposed project is consistent with these objectives.
Therefore, impacts would be less than significant.
Table 3.11-1: General Plan Consistency Analysis
Element
Goal/Objective/Policy
Consistency Determination Objective No. Text
Economic
Development
ED-1 Support economic development by
maintaining a strong working
relationship with the business
community and improving the
business climate for current and
future businesses.
Consistent. The proposed project
supports economic development
and is designed to create more
opportunity for current and future
residents and businesses. The
proposed project would improve
the business climate by locating
employment centers in proximity to
residential areas and regional
transit connections and would
accommodate approximately
37,000 jobs. Policy UF-1.3
emphasizes employment-
generating development within the
Plan Area to expand Fresno’s
employment base beyond
traditional industries.
ED-2 Support local business start-ups
and encourage innovation by
improving access to resources and
capital and help overcome
Consistent. Policy EO-1.1 would
broaden access to small business
financing by expanding on the
City’s microlending programs to
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Goal/Objective/Policy
Consistency Determination Objective No. Text
obstacles hampering economic
development.
support small, local businesses.
Policy EO-4.1 would support the
development of small businesses
by encouraging developments that
can accommodate small-scale
enterprises.
ED-3 Attract and recruit businesses and
offer incentives for economic
development.
Consistent. Policy RC-1.1 would
incorporate incentives for new
pedestrian-friendly anchor retail to
be applied within the Plan Area’s
Regional, Community, and
Neighborhood Town Centers.
ED-4 Cultivate a skilled, educated, and
well- trained workforce by
in
creasing educational attainment
and the relevant job skill levels in
order to appeal to local and non-
loc
al businesses.
Consistent. Policy EO-1.2 would
build on Fresno’s current workforce
development efforts by providing
career technical education,
apprenticeship, and other upskilling
opportunities for those who live or
work in SEDA. Policy EO-2.3 would
establish partnerships with State
Center Community College to
promote workforce training
programs that can support local
business growth.
Urban Form,
Land Use, and
Design
UF-1 Emphasize the opportunity for a
diversity of districts,
neighborhoods, and housing types.
Consistent. The Housing Choice
and Affordability chapter of the
SEDA Specific Plan accommodates a
variety of household demographics
with a diverse range of housing
types, from medium- and higher-
density multi-family types, to small
and medium-lot single-family
options. It utilizes a regulatory and
market-based approach to create
housing at all income levels. The
plan also builds on a definition of
affordability that considers
household transportation burdens
as a component of housing costs.
Policy HC-1.1 is to plan for
integrated neighborhood housing
suitable for different stages of life,
including smaller, more affordable
units for first-time buyers, singles,
young couples, families, and older
homeowners, as well as
opportunities for senior citizen
housing and long-term L _J
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Consistency Determination Objective No. Text
care/assisted living facilities. Policy
HC-2.1 would provide funding
assistance, partnership support,
and take other actions as necessary
to support the construction of new
affordable housing within the
SEDA.
UF-12 Locate roughly one-half of future
residential development in infill
areas— defined as being within the
City on December 31, 2012—
including the Downtown core area
and surrounding neighborhoods,
mixed
-us
e centers and transit-
ori
ented development along major
BRT corridors, and other non-
corridor infill areas, and vacant land.
Consistent. The proposed project is
consistent with the City’s strategy
to focus on infill development
within existing City limits. The
proposed project would minimize
the City’s outward expansion while
promoting vibrant, sustainable
communities.
UF-13 Locate roughly one-half of future
residential development in the
Growth Areas—defined as
unincorporated land as of
December 31, 2012 SOI—which are
to be developed with Complete
Neighborhoods that include
housing, services, and recreation;
mixed
-u
se centers; or along future
BRT corridors.
Consistent. The proposed project is
a comprehensive plan for the
nearly 9,000-acre Southeast
Growth Area. The proposed project
concentrates residential
development in Neighborhood
Town Centers, consistent with the
General Plan concept of complete
neighborhoods.
UF-14 Create an urban form that
facilitates multi-mo dal connectivity.
Consistent. Policy CF-2.2
encourages the creation of regional
trails and open spaces in Rural
Cluster Districts that connect urban
uses to agricultural uses with trails
for pedestrians, bicyclists, and
equestrians. Policy RC-1.1 would
provide pedestrian-friendly
infrastructure such as sidewalks,
paths, and direct connections to
neighboring uses such as shopping,
schools, libraries, and parks
increases the potential for people
to make trips on foot, bicycle, or
transit instead of by car.
LU-2 Plan for infill development that
includes a range of housing types,
building forms, and land uses to
meet the needs of both current and
future residents.
Consistent. The proposed project
provides for the development of a
range of housing types, building
forms, and land uses to meet the
needs of both existing and future
residents.
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Goal/Objective/Policy
Consistency Determination Objective No. Text
LU-4 Enhance existing residential
neighborhoods through
regulations, code enforcement, and
compatible infill development.
Consistent. The proposed project
would design and implement a
vision that would allow new growth
to occur without negatively
affecting existing neighborhoods.
LU-5 Plan for a diverse housing stock
that will support balanced urban
growth, and make efficient use of
resources and public facilities.
Consistent. The proposed project
would design and implement a
vision that would allow the City to
grow in ways that equitably
expands the economy and housing
stock while protecting public
health. The proposed project
represents an opportunity to meet
emerging market demands, provide
much-needed diversity in housing
stock, and enrich communities with
safe, walkable, and inspiring urban
environments.
LU-6 Retain and enhance existing
commercial areas to strengthen
Fresno’s economic base and site
new office, retail, and lodging use
districts to serve neighborhoods
and regional visitors.
Consistent. Neighborhood Town
Centers would serve as focal points
of adjacent residential areas and
would provide the majority of SEDA
residents with essential walk, bike,
transit, and short-drive access to
civic services and amenities,
including elementary schools, local
parks, community gardens, and
other services.
LU-7 Plan and support industrial
development to promote job
growth.
Consistent. Policy EO-4.3 would
promote the growth of
manufacturing, distribution and
research and development
employment in the industrial areas
of the SEDA.
LU-8 Provide for the development of
civic and institutional land uses to
meet the educational, medical,
social, economic, cultural, and
religious needs of the community.
Consistent. The proposed project
includes seven Community Town
Centers that provide commercial,
civic, and other services to meet
the needs of multiple
neighborhoods and Community
Town Center residents and
employees. Policy UF-1.5 is to build
public infrastructure, facilities, and
parks that meet the needs of Plan
Area residents. Policy RC-1.1 Design
the neighborhood, community, and
regional town centers in SEDA as
mixed-use centers that include _J
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Consistency Determination Objective No. Text
ground floor retail, civic and other
commercial uses and upper floors
of office and residential uses.
LU-9 Plan land uses, design, and
development intensities to
supplement and support, and not
compete with, the Downtown.
Consistent. The proposed project is
a comprehensive plan for the
nearly 9,000-acre Southeast
Growth Area, located to the east of
the Downtown. The proposed
project concentrates residential
development in Neighborhood
Town Centers, consistent with the
General Plan concept of complete
neighborhoods. These uses would
support the Downtown but would
not compete with the Downtown.
D-1 Provide and maintain an urban
image that creates a “sense of
place” throughout Fresno.
Consistent. The SEDA Plan supports
the preservation of rural
landscapes and resources,
historically significant buildings,
districts, sites, landscapes, and
other features to contribute to its
sense of place. Policy CR-3.6
incorporates historic sites,
infrastructure, and landscape
features into new developments to
conserve resources and preserve
the area’s vernacular landscape
and “sense of place.” Policy CF-3.4
instills a sense of stewardship and
community and provides a
recreational activity by expanding a
viable community farming
program. Policy RC-1.7 includes
development of a tree palette that
reinforces the SEDA’s sense of
place.
D-3 Create unified plans for Green
Streets, using distinctive features
reflecting Fresno’s landscape
heritage.
Consistent. Policy RC-1.7 includes
development of a tree palette that
reinforces a sense of place, reflects
native species, and includes tree
species with high carbon storage
potential. Trees would meet parks
shading targets noted in the Parks
Master Plan. Shade trees would
delineate corridors and the
boundaries of urban areas, and
provide tree canopy for bike lanes,
sidewalks, parking lots, and trails.
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Goal/Objective/Policy
Consistency Determination Objective No. Text
D-4 Preserve and strengthen Fresno’s
overall image through design
review and create a safe, walkable,
and attractive urban environment
for the current and future
generations of residents.
Consistent. The proposed project is
designed to enrich the community
with safe, walkable, and inspiring
urban environments.
D-5 Maintain and improve community
appearance through programs that
prevent and abate blighting
influences.
Consistent. The proposed project is
a comprehensive plan to address
wide-ranging infrastructure,
housing, employment,
environmental, fiscal, and
community challenges associated
with accommodating a large
increment of the City’s growth.
D-6 Encourage design that celebrates
and supports the cultural and
ethnic diversity of Fresno.
Consistent. By containing
development, the proposed project
supports the preservation of rural
landscapes and resources located
outside the area. The Cultural and
Historic Resources chapter contains
policies to protect historic
resources. Policy CR-1.2 would limit
the conversion of culturally
significant rural areas outside the
current Fresno SOI by
implementing the Farmland
Conservation Model Program.
Policy CR-2.2 would encourage
schools and other institutions to
emphasize agricultural processes,
preservation, and interpretation of
farming history within the SEDA.
D-7 Continue applying local urban form,
land use, and design policies to
specific neighborhoods and
locations.
Consistent. The proposed project
includes policies related to urban
form, land use, and design for
neighborhood, community, and
regional town centers.
Mobility and
Transportation
MT-1 Create and maintain a
transportation system that is safe,
efficient, provides access in an
equitable manner, and optimizes
travel by all modes.
Consistent. The proposed project
would contain multimodal
transportation systems. Policy UF-
5.2 would provide an efficient, safe,
integrated, multimodal
transportation system to and
within the Plan Area via regional
transit connections.
MT-2 Make efficient use of the City’s
existing and proposed
Consistent. Police RC-1.1 would
locate mixed-use development
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Goal/Objective/Policy
Consistency Determination Objective No. Text
transportation system and strive to
ensure the planning and provision
of adequate resources to operate
and maintain it.
along high-quality transit corridors
such as the Ventura/Kings Canyon
Corridor that will serve the SEDA
Regional Town Center.
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.
Consistent. Policy RC-1.2 would
ensure the SEDA is well-served by
bicycle infrastructure, including
bicycle lanes, bicycle paths and
trails, and safe crossing
infrastructure pursuant to the
Active Transportation Plan.
MT-5 Establish a well-integrated network
of pedestrian facilities to
accommodate safe, convenient,
practical, and inviting travel by
walking, including for those with
physical mobility and vision
impairments.
Consistent. Policy RC-1.1 would
provide convenient pedestrian
access to bus stops and station
stops. Policy RC-1.2 would ensure
the SEDA is well-served by
pedestrian infrastructure, including
sidewalks and safe crossing
infrastructure pursuant to the
Active Transportation Plan. Bus
stops and stations will comply with
the accessibility requirements of
the Americans with Disabilities Act
(ADA).
MT-6 Establish a network of multi-
purpose pedestrian and bicycle
paths, as well as limited access
trails, to link residential areas to
local and regional open spaces and
recreation areas and urban Activity
Centers in order to enhance
Fresno’s recreational amenities and
alternative transportation options.
Consistent. Policy UF-5.3 states
that a network of pedestrian and
bicycle routes, including dedicated
trails, multi-purpose paths, and
priority Bicycle Boulevards will
serve work, school, and
recreational trips. This extensive
non-auto travel network will be
coordinated with existing and
proposed regional trails. Police OS-
4.2 is to coordinate regional trail
planning with Fresno County, the
City of Clovis, and other
jurisdictions as appropriate. The
City of Fresno Active
Transportation Plan calls for Class I
Bicycle Paths along each canal in
the SEDA. A regional Rails to Trials
Bicycle Path is also planned to run
parallel to California Avenue should
existing railroad lines be vacated.
MT-10 Establish parking standards that are
strategically tuned to support
neighborhoods, shopping districts
Consistent. Policy RC-1.3 contains
Transportation Demand Policies
that would include development of
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Goal/Objective/Policy
Consistency Determination Objective No. Text
and employment centers that have
a complete range of transportation
choices.
a trip reduction parking strategy.
Policy UF-7.1 would develop,
facilitate, and monitor an ongoing
and comprehensive parking
program within SEDA.
Parks, Open
Space, and
Schools
POSS-1 Provide an expanded, high quality
and diversified park system,
allowing for varied recreational
opportunities for the entire Fresno
community.
Consistent. The Open Space,
Schools and Public Facilities chapter
states that the SEDA will feature a
range of parks of different sizes and
roles, from small “pocket parks” to
large, natural open spaces and
agricultural areas. These will serve
active and passive recreation
needs, from playgrounds and
sports fields to trails for walking
and nature study. The open space
system is envisioned as a vibrant
outdoor public realm, playing a
vital role in anchoring
neighborhoods and supporting
community life.
POSS-2 Ensure that adequate land, in
appropriate locations, is designated
and acquired for park and
recreation uses in infill and growth
areas.
Consistent. The Open Space,
Schools and Public Facilities chapter
states that ongoing parks planning
will ensure that the facilities and
services provided respond closely
to community needs. The Plan Area
is located in a Growth Area. Policy
UF-1.5 is to build public
infrastructure, facilities, and parks
that meet the needs of Plan Area
residents. Policy OS-3.5 would
engage the public in the parks
planning process to ensure that
parks respond to community
needs.
POSS-8 Work cooperatively with school
districts to find appropriate
locations for schools to meet the
needs of students and
neighborhoods.
Consistent. Major civic buildings
such as schools will serve as focal
points of public spaces. Pursuant to
Policy PF-1.1, the City shall work
with the Clovis Unified and Sanger
Unified school districts to establish
specific locations for high schools
and middle schools.
Public Utilities
and Services
PU-1 Provide the level of law
enforcement and crime prevention
services necessary to maintain a
safe, secure, and stable urban living
Consistent. The proposed project
would provide law enforcement
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Goal/Objective/Policy
Consistency Determination Objective No. Text
environment through a Police
Department that is dedicated to
providing professional, ethical,
efficient and innovative service
with integrity, consistency and
pride.
and crime prevention through the
following policies:
Policy PF-5.1 Provision of Police
Services–Provide police services in
the SEDA in accordance with the
policies of the City of Fresno
General Plan. If deemed necessary,
the City of Fresno Planning and
Development Department, through
coordination with public safety
agencies, can adjust these policies.
Policy PF-5.3 Coordination with
Police and Fire Departments – The
City of Fresno Planning and
Development Department shall
work with the Police and Fire
departments as appropriate to
promote safe environments
throughout the SEDA and ensure
that services can be provided in a
manner that is sensitive and
responsive to the needs of the
community. Coordination may
address:
• Evaluation of design features for
safety and crime prevention.
• Siting of police and fire
substations.
• Facilitation of citizen involvement
processes.
Policy OS-3.2 Park Design for Safety
–Promote the use of Crime
Prevention Through Environmental
Design (CPTED) principles in park
design. CPTED principles include
natural surveillance, access control,
territorial reinforcement, and space
management in promoting safety
and discouraging crime. See the
Fresno Parks Master Plan, Chapter
5, Design Guidelines for Safety
starting on page 141 and Chapter 9,
Goal 5 on page 268.
PU-2 Ensure that the Fire Department’s
staffing and equipment resources
are sufficient to meet all fire and
emergency service level objectives
Consistent. In addition to the
policies above, the proposed
project would ensure fire
department staffing and resources
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Goal/Objective/Policy
Consistency Determination Objective No. Text
and are provided in an efficient and
cost-effective manner.
are sufficient through the following
policy:
Policy PF-5.2 Provision of Fire
Services–Provide fire services in the
SEDA in accordance with the
policies of the City of Fresno
General Plan. If deemed necessary,
the City of Fresno Planning and
Development Department, through
coordination with public safety
agencies, can adjust these policies.
PU-4 Ensure provision of adequate trunk
sewer and collector main capacities
to serve existing and planned urban
development, consistent with the
Wastewater Master Plan.
Consistent. According to Policy RC-
6.4, the Water Section of the
Greenhouse Gas Reduction and
Conservation chapter will include a
full Infrastructure Assessment
(Water Supply Assessment [WSA]),
as well as trunk infrastructure
diagrams for water, wastewater,
and stormwater systems. This work
is being completed by the Fresno
Metropolitan Flood Control District,
and the City’s consultants as part of
the preparation of this Recirculated
Draft PEIR. Policy RC-6.4 includes
water infrastructure planning.
Informed by the results of the WSA,
infrastructure plans will describe
the following components of the
wastewater systems for the SEDA:
• Backbone wastewater treatment
infrastructure.
• Wastewater plan map (existing
sewer mains, proposed trunk
system, and proposed lift
stations) if applicable.
PU-6 Ensure the provision of adequate
sewage treatment and disposal by
utilizing the Fresno-Cl
ovis Regional
Wastewater Reclamation Facility as
the primary facility, when
economically feasible, for all
existing and new development
within the Metropolitan Area.
Consistent. A water treatment
facility was constructed in 2018 and
is designed with the latest energy
conservation and renewable energy
technology. It will serve the SEDA.
The proposed project would
include Policy PF-8.1 Provision of
Water, Stormwater, and
Wastewater Infrastructure–Provide
water, stormwater, and
wastewater infrastructure in _J
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Consistency Determination Objective No. Text
accordance with the policies of the
Water Resources Element.
The proposed project would ensure
the provision of adequate sewage
treatment through the following
policy:
Policy RC-6.2 Wastewater
Treatment and Delivery–Evaluate
the potential wastewater
treatment and infrastructure needs
necessary to meet Southeast
Development Area demand.
• Site Water Treatment: Establish
site-wide estimates for water
treatment demand, reducing
demand (as appropriate) after
incorporating site design and
efficiency measures.
• Site Plan Delivery: Proposed
wastewater supplies and delivery
systems shall be identified at the
time of development project
approval to the satisfaction of
the City of Fresno.
− Wastewater Reductions–The
City of Fresno and the
developer will identify
specific wastewater
reduction measures required
for the development
proposal to move forward.
Technical assistance will be
provided by the City as
needed, per Policy WR-2.7.
− Detailed engineering–
infrastructure planning and
engineering will be
conducted with the
proposed demand reduction
factors included.
PU-7 Promote reduction in wastewater
flows and develop facilities for
beneficial reuse of reclaimed water
and biosolids for management and
distribution of treated wastewater.
Consistent. Policy RC-1.5 would
maintain current targets for
recycling and re-use
of all types of
waste material in the city and
enhance waste and wastewater
management practices to reduce
natural resource consumption.
Policy RC-3.2 is to use treated
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Goal/Objective/Policy
Consistency Determination Objective No. Text
wastewater for irrigation and other
uses, consistent with applicable
regulations, to minimize the
required surface and groundwater
needs of SEDA homes and
businesses. Tertiary-treated
wastewater would be used to
irrigate parks. A water treatment
facility was constructed in 2018 and
is designed with the latest energy
conservation and renewable energy
technology. It will serve the SEDA.
Additionally, Policy RC-1.5 includes
a measure to evaluate the
feasibility of “carbon foot printing”
for the City’s wastewater treatment
facilities.
PU-9 Provide adequate solid waste
facilities and services for the
collection, transfer, recycling, and
disposal of refuse.
Consistent. Policy PF-6.1 would
provide solid waste facilities and
services for the collection, transfer,
recycling, and disposal of refuse in
accordance with the policies of the
City of Fresno General Plan.
Historic and
Cultural
Resources
HCR-2 Identify and preserve Fresno’s
historic and cultural resources that
reflect important cultural, social,
economic, and architectural
features so that residents will have
a foundation upon which to
measure and direct physical
change.
Consistent. The proposed project
includes a Cultural and Historic
Resources chapter containing
several policies designed to identify
and preserve the City’s historic and
cultural resources. The proposed
project would preserve elements of
the area’s past as resources to
enrich its future. As detailed
planning and development
proceeds, the City will continue to
evaluate the cultural and historic
significance of built and natural
features within the area.
Noise and
Safety
NS-1 Protect the citizens of the City from
the harmful and annoying effects of
exposure to excessive noise.
Consistent. Pursuant to Policy CF-
2.2, the proposed project would
include transitional buffers to form
a transition between the urban
area and agricultural lands, which
would prevent noise from posing a
health concern to residents.
NS-2 Minimize risks of property damage
and personal injury posed by
geologic and seismic risks.
Consistent. No active faults are
mapped within the City of Fresno,
and There are no Alquist-Priolo
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Goal/Objective/Policy
Consistency Determination Objective No. Text
Earthquake Fault Zones in the City.
Refer to Section 3.7, Geology and
Soils, for further discussion.
NS-3 Minimize the risks to property, life,
and the environment due to
flooding and stormwater runoff
hazards.
Consistent. This Recirculated Draft
PEIR requires construction
stormwater quality control
measures to prevent flooding due
to stormwater runoff. Refer to
Section 3.10, Hydrology and Water
Quality, for further discussion.
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.
Consistent. Policy RC-1.5 would
include programs that promote
appropriate recycling and disposal
of hazardous waste. Policy RC-5.2
would prevent contamination of
the groundwater table and surface
water resources.
Healthy
Communities
HC-1 Work with neighborhood
associations of local residents,
businesses, and institutions on
neighborhood and community
health initiatives.
Consistent. The proposed project
integrates agricultural land uses
within the urban area to strengthen
community connections to
agriculture and provide a range of
social, economic, and health
benefits. The proposed project
would provide a high-quality,
accessible open space system to
promote health benefits.
HC-2 Create complete, well-structured,
and healthy neighborhoods and
transportation systems.
Consistent. Policy UF-2.1 will
provide for mixed-use Regional,
Community, and Neighborhood
Town Centers that form a network
of complementary employment,
commercial, cultural, and civic
opportunities linked by multimodal
transportation systems.
HC-3 Create healthy, safe, and affordable
housing.
Consistent. Policy UF-1.4 would
require housing choices affordable
to a range of Fresno residents by
meeting the housing policies of the
Housing Choice and Affordability
Element. Policy HC-2.1 would
include funding assistance,
partnership support, and other
actions as necessary to support the
construction of new affordable
housing within the SEDA to meet
RHNA-based targets as specified in
7 7 7 7 7 7
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Goal/Objective/Policy
Consistency Determination Objective No. Text
the City of Fresno General Plan
Housing Element. The Housing
Element details a comprehensive
set of programs to provide an
adequate supply of affordable
housing.
HC-5 Promote access to healthy and
affordable food.
Consistent. The Community
Farming and Agriculture Element
seeks to pair opportunities with
benefits to the broader
community—namely, access to
local foods and a tangible
relationship with their production.
Policy CF-1.4 would establish an
agricultural farm belt along the
eastern edge of the SEDA. Farm
belts provide opportunities to link
agricultural land preservation and
increased urban efficiency with
local food production in ways that
positively support local economies,
farms, and farmers.
Source: City of Fresno, 2022.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
3.11.6 - Cumulative Impacts
Level of Cumulative Significance Before Mitigation
The geographic scope of the cumulative impact analysis for Land Use and Planning is the Plan Area and portions of the City of Fresno, City of Clovis, and unincorporated Fresno County adjacent to the Plan Area. This analysis evaluates whether impacts of the Specific Plan, together with impacts of cumulative development, would result in a cumulatively significant impact with respect to lands use and planning. This analysis then considers whether incremental contribution of the impacts associated with implementation of the Specific Plan would be significant. Both conditions must apply for cumulative effects to rise to the level of significance.
As discussed in Impact LU-1, the proposed project would not physically divide an established community. The proposed project would allow for planned development and growth and would increase connectivity and support, strengthen, and connect new communities within the Plan Area.
J
City of Fresno—Fresno Southeast Development Area Specific Plan Project Land Use and Planning Recirculated Draft Program EIR
3.11-38 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-11 Land Use.docx Additionally, as demonstrated by the consistency of the Specific Plan with the goals and objectives of the General Plan, the continued implementation of the approved General Plan would ensure there is not an existing cumulative impact related to division of established communities. The policies contained in the proposed project would also serve to minimize impacts within the Plan Area and on surrounding areas. Therefore, the proposed project is not expected to contribute to any cumulative division of an established community.
As demonstrated in Impact LU-2, the proposed project is consistent with the General Plan and thus the potential environmental impacts associated with these plans from buildout of the approved General Plan would be considered less than significant. Therefore, the proposed project and continued implementation of the approved General Plan would not result in a cumulatively considerable contribution to potential cumulative impacts. Therefore, there would be a less than significant cumulative impact with regard to land use and planning as a result of implementing the proposed project.
Level of Cumulative Significance Before Mitigation
Less than significant impact.
Cumulative Mitigation Measures
None required.
31680037 • 12/2024 | 3.11-1_existing_GPLU.cdr CITY OF FRESNO
FRESNO SOUTHEAST DEVELOPMENT AREA SPECIFIC PLAN
RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT
Exhibit 3.11-1
Existing General Plan Land Use Map
Source: City of Fresno
I
GENERAL PLAN LAND USE MAP
RESIDENTIAL
D Low Density (1-3.5 D.U./acre)
D Medium Density (5.0-12 D.U./acre)
• Urban Neighborhood (16-30 D.U./acre)
EMPLOYMENT
D Office
D Business Park
D Regional Business Park
MIXED USE
• Corridor/Center Mixed Use
• Regional Mixed Use
OPEN SPACE
• Community Park
• Open Space
• Ponding Basin
PUBLIC FACILITIES
D College
D School with Park
FIRSTCARBON
SOLUTIONS™
□ Southeast Development Area
I•■ Fresno Sphere of Influence
-- Major & Local Roads
Source: City of Fresno, SEDA Illustrative Plan .
derived from community and stakeholder meetings.
u.
....I
0 s: w
0 Southeast Development Area
0 3,000 6,000
Feet
0 0.5 1
Miles
()
BELMONT
KINGS CANYONJ
JENSEN
NORTH
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City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Mineral Resources
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3.12 - Mineral Resources
3.12.1 - Introduction
This section describes the existing conditions related to mineral resources in the region and project area and summarizes the relevant regulatory framework. This section also evaluates potential impacts related to mineral resources that could result from the proposed project. Information in this section is based, in part, on reports and maps from the California Department of Conservation and the Fresno General Plan (General Plan).
As further discussed in Chapter 1, Introduction, three comments were received during the Draft Program Environmental Impact Report (Draft PEIR) scoping period related to mineral resources:
• Requests that the Draft PEIR accurately captures and analyzes baseline conditions and potentially significant project-specific and cumulative impacts within and adjacent to the Planning Area.
• Requests that the Draft PEIR identifies and adopts all feasible and enforceable mitigation measures that avoid and reduce negative impact.
• Requests that the Draft PEIR analyzes and creates mitigation measures consistent with all applicable laws, including State and federal fair housing, civil rights, and climate laws such as Senate Bill (SB) 743.
3.12.2 - Environmental Setting
City of Fresno
Mineral resources, such as aggregate material, are necessary to support urban development, as all public and private projects utilize this material for roadway paving, structural elements, and hardscape, including sidewalks, curbing, and gutters. The principal area for mineral resources in the City of Fresno (City) is located along the San Joaquin River Corridor. Pursuant to the California Surface Mining Reclamation Act (SMARA) of 1975, the California Division of Mines and Geology (CDMG) classifies lands based on the availability of mineral resources. Lands along the San Joaquin River Corridor are classified as Mineral Resources Zones (MRZs) MRZ-1, MRZ-2, and MRZ-3, which are further defined in Section 3.12.3, Regulatory Framework. Areas classified as MRZ-2 indicate that mineral deposits are present or likely present.
1 Furthermore, the entire City is located in the Fresno Production-Consumption (P-C) Region.2 Mineral resources along the San Joaquin River Corridor are removed via surface mining operations. Because of the zoning and General Plan designations in these areas, current mining operations in the City are considered legal non-conforming uses, and it is anticipated that these uses will continue until the resources are substantially removed and it is no
1 California Department of Conservation. 2015. CGS Warehouse: Mineral Land Classification. Website:
https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc. Accessed June 2, 2022. 2 C ity of Clovis. 2014. General Plan and Development Code Update Draft Program EIR, Figure 5.11-2, Mineral Resources Zones Detail.
Accessed June 2, 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Mineral Resources Recirculated Draft Program EIR
3.12-2 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-12 Mineral Resources.docx longer economically feasible to mine the areas. The City’s Mining Overlay District designates that these areas require City approval of a conditional use permit for mining activities.3
3.12.3 - Regulatory Framework
Federal and State
California Surface Mining and Reclamation Act of 1975
The SMARA of 1975 mandates that a “classification/designation” analysis be done to provide information on the availability of mineral resource for construction and growth. The objective is to ensure that raw material will be available when needed—that this raw material will not become inaccessible for mining as the result of inappropriate land use decisions involving mineral resource areas. Areas are classified on the basis of geologic factors without regard to existing land use and land ownership. The areas are categorized into four MRZs:
• MRZ-1: An area where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. • MRZ-2: An area where adequate information indicates that significant mineral deposits are present, or where it is judged that a high likelihood exists for their presence. • MRZ-3: An area containing mineral deposits, the significance of which cannot be evaluated. • MRZ-4: An area where available information is inadequate for assignment to any other MRZ zone.
Of the four categories, lands classified as MRZ-2 are of the greatest importance. Such areas are underlain by known mineral resources are located or where geologic data indicate that significant measured or indicated resources are present. MRZ-2 areas are designated by the State of California Mining and Geology Board as being regionally significant.
Local
City of Fresno Surface Mining and Reclamation Ordinance The City’s Surface Mining and Reclamation Ordinance (Section 12-5.5 of the Municipal Code) is intended to protect and allow recovery of mineral deposits in the Planning Area. Protection and recovery of mineral deposits is prioritized in order to promote the continued economic well-being of the City. However, since mining and mineral processing activities can have substantial adverse environmental impacts, the Surface Mining and Reclamation Ordinance allows the City to mitigate environmental impacts, if necessary, because discretionary projects are evaluated for project-specific impacts related to mineral resources at the time they are proposed. In general, the purpose of the Surface Mining and Reclamation Ordinance is to maximize recovery of mineral resources while also minimizing threats to the public health and safety, potential environmental damage, and nuisance effects of mining and mineral processing activities.
3 City of Fresno. 1999. Zoning Ordinance Section 858: Regulations for Surface Mining and Reclamation in all Districts, P. 11-146.
Website: https://www.fresnocountyca.gov/files/sharedassets/county/v/1/public-works-and-planning/zoning-ordinance/858- regulations-for-the-development-of-material-extraction-sites-in-all-districts.pdf. Accessed December 4, 2024.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Mineral Resources
FirstCarbon Solutions 3.12-3
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-12 Mineral Resources.docx City of Fresno Citywide Development Code
The City of Fresno Citywide Development Code established the Mining (M) Overlay District to allow ongoing mineral extraction in the San Joaquin River bottom in conjunction with open space uses.4 The California Department of Conservation CDMG periodically maps high-quality concrete aggregate deposits and compiles statistics on the amount of aggregate minerals available, and consumed, within designated Production-Consumption (P-C) Regions of the State. The CDMG uses an “MRZ-2” designation for regionally significant deposits of high-grade sand and gravel aggregate (i.e., material suitable for making Portland Cement Concrete). Potential, but presently unproven, mineral resource areas are mapped as MRZ-3. Most of the area outside of the San Joaquin and Kings River Resource Areas has an MRZ-3 designation and may contain economically recoverable mineral resources.
However, those resources may not be of the high quality needed to formulate concrete.
City of Fresno General Plan
The General Plan contains the following objectives and policies related to mineral resources within the City:
Resource Conservation and Resilience Element
Objective RC-10 Conserve aggregate mineral resources within the Planning Area, as identified by the Division of Mines and Geology, and allow for responsible extraction to meet Fresno’s needs.
Policy RC-10-a Meet Future Needs. Adopt land use and resource protection regulations that support mining of the high-quality, close-to-market aggregate resources to meet the needs of the Fresno Production-Consumption Region.
Policy RC-10-b Zoning in San Joaquin River bottom. Maintain zoning consistent with on-going mineral extraction in the San Joaquin River bottom that also allows multiple open space uses in conformance with State law and the City’s Surface Mining Ordinance.
Policy RC-10-c Processing-Mining Link. Accommodate only those mineral processing activities in the San Joaquin River bottom that are associated and co-located with mining operations when such industrial activities will sunset with the mining operation and do not stimulate unplanned growth or conversion of multi-use open space to urban uses.
Policy RC-10-d Manage MRZ-2 Areas. Prohibit land uses and development projects that preclude mineral extraction in potential high-quality mineral resource areas designated MRZ-2 by the California Department of Conservation Division of Mines and Geology.
4 City of Fresno. 2023. Citywide Development Code 15-107 Districts Established. Website:
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH15CIDECOINRE_PTIGEPR_ART1INPR_S15- 107DIES. Accessed March 22, 2023.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Mineral Resources Recirculated Draft Program EIR
3.12-4 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-12 Mineral Resources.docx Policy RC-10-e Existing Permits. Honor surface mining permits approved by Fresno County upon annexation, provided that the mining operation is in compliance with the terms of its current permit(s) and State law. Require new permit applications in the event of noncompliance, permit expiration, or permit revocation, and ensure compliance with law or regulations.
Policy RC-10-f Cooperate on Uniform Criteria. Work with Fresno County, Madera County, and the City of Clovis to develop uniform criteria applicable to existing, new, and altered mineral extraction sites in the San Joaquin River bottom.
Fresno Southeast Development Area Specific Plan
The Fresno Southeast Development Area (SEDA) Specific Plan does not contain policies directly related to mineral resources.
3.12.4 - Methodology
Impacts were assessed by evaluating the proposed project’s potential for impacting mineral resources within the Plan Area based, in part, on the General Plan and MRZs classified by the SMARA.
3.12.5 - Thresholds of Significance
The Lead Agency utilizes the criteria in the California Environmental Quality Act (CEQA) Guidelines Appendix G Environmental Checklist as thresholds to determine whether impacts to mineral resources are significant environmental effects.
Appendix G to the CEQA Guidelines is a sample Initial Study Checklist that includes questions for determining whether impacts to resources are significant. These questions reflect the input of planning and environmental professionals at the California Governor’s Office of Planning and Research (OPR) and the California Natural Resources Agency, based on input from stakeholder groups and experts in various other governmental agencies, nonprofits, and leading environmental consulting firms. Accordingly, the City has derived its significance criteria, based in part on the questions posed in Appendix G. These significance criteria are as follows:
The proposed project would be considered significant if the project would:
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.
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.
3.12.6 - Project Impacts and Mitigation Measures
This section discusses potential impacts associated with the development of the proposed project and provides mitigation measures where appropriate.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Mineral Resources
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Impact MIN-1: The proposed 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.
Impact Analysis
As previously discussed, mineral resources within the City are primarily located along the San Joaquin River Corridor, which is located in the northwestern part of the City. The Plan Area is located in the southeastern part of the City; thus, the San Joaquin River Corridor does not bisect the Plan Area and is not adjacent to the Plan Area. Further, the nearest areas designated MRZ-2 in the Plan Area, which means significant mineral resources are known or very likely, are along the San Joaquin River approximately 9 miles northwest of the Plan Area boundaries and the Kings River approximately 5 miles east of the Plan Area boundaries. Therefore, no mining operations occur in the Plan Area, and thus, future development under the Specific Plan would not result in a loss of mineral resources. Moreover, the Specific Plan does not contain any objectives, policies, or programs related to mineral resources and does not identify any mineral resources. Therefore, the proposed project would not result in the loss of a locally important mineral resource recovery site delineated by an applicable land use plan or the loss of availability of a known mineral resource of Statewide, regional, or local importance. No impact to mineral resources would occur.
Level of Significance Before Mitigation
No impact.
Mitigation Measures
None required.
Impact MIN-2: The proposed project would not 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.
Impact Analysis
As previously discussed, the Plan Area is identified by the California Department of Conservation as the Fresno Production-Consumption Region.5 However, neither the State nor the City identifies the Plan Area as containing known regional mineral resource reserves, according to the California Department of Conservation’s MRZ classification. Therefore, the proposed project would not result in the loss of availability of a mineral resource recovery site. Thus, future development under the Specific Plan would not result in a loss of mineral resources. Therefore, project implementation would not result in impacts to known mineral resources or locally important mineral resources.
Level of Significance Before Mitigation
No impact.
5 California Department of Conservation. 2015. CGS Warehouse: Mineral Land Classification. Website:
https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc. Accessed June 2, 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Mineral Resources Recirculated Draft Program EIR
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None required.
3.12.7 - Cumulative Impacts
The geographic scope for the analysis of cumulative impacts related to mineral resources includes the Plan Area, the rest of the City of Fresno, adjacent portions of the City of Clovis, and adjacent portions of unincorporated Fresno County. This analysis evaluates whether the impacts of the Specific Plan, together with the impacts of cumulative development, could result in a cumulatively significant impact with respect to mineral resources. This analysis then considers whether incremental contribution of impacts associated with the implementation of the Specific Plan would be significant. Both conditions must apply for a proposed project’s cumulative effects to rise to the level of significance.
Cumulative development is likely to continue occurring in the surrounding planning areas and the adjacent City of Clovis. The remaining unincorporated lands adjacent to the Planning Area are subject to the land use plans, policies, and regulations of Fresno County. As such, development within adjacent planning areas and unincorporated Fresno County is not likely to create significant loss of availability of a known mineral resource or loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. For these reasons cumulative impacts with respect to land use would be less than significant.
The proposed project’s incremental contribution to cumulative land use impacts would also not be significant since no mining operations occur in the Plan Area, and thus, future development under the Specific Plan would not result in a loss of mineral resources, and the Plan Area does not contain known regional mineral resource reserves. Accordingly, the Specific Plan’s contribution to cumulative impacts would be less than significant with regard to mineral resources.
Level of Cumulative Significance Before Mitigation
Less than significant impact.
Cumulative Mitigation Measures
None required.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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3.13 - Noise
3.13.1 - Introduction
This section describes the existing noise setting and potential effects from project implementation on the site and its surrounding area. Descriptions and analysis in this section are based, in part, on noise modeling performed by FirstCarbon Solutions (FCS). The noise modeling output is included in this Recirculated Draft Program Environmental Impact Report (Recirculated Draft PEIR) as Appendix I.
No public comments were received during the Draft PEIR scoping period related to noise.
3.13.2 - Environmental Setting
Characteristics of Noise
Noise is generally defined as unwanted or objectionable sound. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm or when it has adverse effects on health. The effects of noise on people can include general annoyance, interference with speech communication, sleep disturbance, and in the extreme, hearing impairment. Noise effects can be caused by pitch or loudness. Pitch is the number of complete vibrations or cycles per second of a wave that result in the range of tone from high to low; higher-pitched sounds are louder to humans than lower-pitched sounds. Loudness is the intensity or amplitude of sound.
Sound is produced by the vibration of sound pressure waves in the air. Sound pressure levels are used to measure the intensity of sound and are described in terms of decibels. The decibel (dB) is a logarithmic unit, which expresses the ratio of the sound pressure level being measured to a standard reference level. The 0 point on the dB scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Changes of 3 dB or less are only perceptible in laboratory environments. Audible increases in noise levels generally refer to a change of 3 dB or more, as this level has been found to be barely perceptible to the human ear in outdoor environments. Only audible changes in existing ambient or background noise levels are considered potentially significant.
The human ear is not equally sensitive to all frequencies within the audible sound spectrum, so sound pressure level measurements can be weighted to better represent frequency-based sensitivity of average healthy human hearing. One such specific “filtering” of sound is called “A-weighting.” A- weighted decibels (dBA) approximate the subjective response of the human ear to a broad frequency noise source by discriminating against very low and very high frequencies of the audible spectrum. They are adjusted to reflect only those frequencies that are audible to the human ear.
Because decibels are logarithmic units, they cannot be added or subtracted by ordinary arithmetic means. For example, if one noise source produces a noise level of 70 dB, the addition of another noise source with the same noise level would not produce 140 dB; rather, they would combine to produce a noise level of 73 dB.
Noise Descriptors
There are many ways to rate noise for various intervals, but an appropriate rating of ambient noise affecting humans also accounts for the annoying effects of sound. Equivalent continuous sound level (Leq) is the total sound energy of time-varying noise over a sample period. However, the predominant City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
3.13-2 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx rating scales for human communities in the State of California are the Leq and Community Noise Equivalent Level (CNEL) or the day-night average level (Ldn) based on dBA. CNEL is the time-varying noise over a 24-hour period, with a 5 dBA weighting factor applied to the hourly Leq for noises occurring from 7:00 p.m. to 10:00 p.m. (defined as relaxation hours) and a 10 dBA weighting factor applied to noise occurring from 10:00 p.m. to 7:00 a.m. (defined as sleeping hours). Ldn is similar to the CNEL scale but without the adjustment for events occurring during the evening hours. CNEL and Ldn are within one dBA of each other and are normally exchangeable. The noise adjustments are added to the noise events occurring during the more sensitive hours.
Other noise rating scales of importance when assessing the annoyance factor include the maximum noise level (Lmax), which is the highest exponential time-averaged sound level that occurs during a stated time period. The noise environments discussed in this analysis are specified in terms of maximum levels denoted by Lmax for short-term noise impacts. Lmax reflects peak operating conditions and addresses the annoying aspects of intermittent noise.
Noise Propagation
From the noise source to the receiver, noise changes both in level and frequency spectrum. The most obvious is the decrease in noise as the distance from the source increases. The manner in which noise reduces with distance depends on whether the source is a point or line source, as well as ground absorption, atmospheric conditions (wind, temperature gradients, and humidity) and refraction, and shielding by natural and manmade features. Sound from point sources, such as an air conditioning condenser, a piece of construction equipment, or an idling truck, radiates uniformly outward as it travels away from the source in a spherical pattern.
The attenuation or sound drop-off rate is dependent on the conditions of the land between the noise source and receiver. To account for this ground-effect attenuation (absorption), two types of site conditions are commonly used in noise models: soft-site and hard-site conditions. Soft-site conditions account for the sound propagation loss over natural surfaces, such as normal earth and ground vegetation. For point sources, a drop-off rate of 7.5 dBA per each doubling of the distance (dBA/DD) is typically observed over soft ground with landscaping, as compared with a 6 dBA/DD drop-off rate over hard ground such as asphalt, concrete, stone, and very hard packed earth. For line sources, such as traffic noise on a roadway, a 4.5 dBA/DD is typically observed for soft-site conditions compared to the 3 dBA/DD drop-off rate for hard-site conditions. Table 3.13-1 briefly defines these measurement descriptors and other sound terminology used in this section.
Table 3.13-1: Sound Terminology
Term Definition
Sound A vibratory disturbance created by a vibrating object which, when transmitted by pressure waves through a
medium such as air, can be detected by a receiving
mechanism such as the human ear or a microphone.
Noise Sound that is loud, unpleasant, unexpected, or
otherwise undesirable.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
FirstCarbon Solutions 3.13-3
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx Term Definition
Ambient Noise The composite of noise from all sources near and far in a given environment.
Decibel (dB) A unitless measure of sound on a logarithmic scale, which represents the squared ratio of sound pressure
amplitude to a reference sound pressure. The
reference pressure is 20 micropascals, representing
the threshold of human hearing (0 dB).
A-Weighted Decibel (dBA) An overall frequency-weighted sound level that approximates the frequency response of the human
ear.
Equivalent Noise Level (Leq) The average sound energy occurring over a specified time period. In effect, Leq is the steady-state sound
level that in a stated period would contain the same
acoustical energy as the time-varying sound that
actually occurs during the same period.
Maximum and Minimum Noise Levels (Lmax and Lmin) The maximum or minimum instantaneous sound level measured during a measurement period.
Day-Night Level (DNL or Ldn) The energy average of the A-weighted sound levels occurring during a 24-hour period, with 10 dB added
to the A-weighted sound levels occurring between
10:00 p.m. and 7:00 a.m. (nighttime).
Community Noise Equivalent Level (CNEL) The energy average of the A-weighted sound levels occurring during a 24-hour period, with 5 dB added to
the A-weighted sound levels occurring between 7:00
p.m. and 10:00 p.m. and 10 dB added to the A-
weighted sound levels occurring between 10:00 p.m.
and 7:00 a.m.
Source: Data compiled by FirstCarbon Solutions (FCS). 2022.
Traffic Noise
The level of traffic noise depends on the three primary factors: (1) the volume of the traffic, (2) the speed of the traffic, and (3) the number of trucks in the flow of traffic. Generally, the loudness of traffic noise is increased by heavier traffic volumes, higher speeds, and greater number of trucks. Vehicle noise is a combination of the noise produced by the engine, exhaust, and tires. Because of the logarithmic nature of noise levels, a doubling of the traffic volume (assuming that the speed and truck mix do not change) results in a noise level increase of 3 dBA. Based on the Federal Highway Administration (FHWA) community noise assessment criteria, this change is “barely perceptible”; for reference, a doubling of perceived noise levels would require an increase of approximately 10 dBA. The truck mix on a given roadway also has an effect on community noise levels. As the number of heavy trucks increases and becomes a larger percentage of the vehicle mix, adjacent noise levels increase.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
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A stationary noise producer is any entity in a fixed location that emits noise. Examples of stationary noise sources include machinery, engines, energy production, and other mechanical or powered equipment and activities such as loading and unloading or public assembly that may occur at commercial, industrial, manufacturing, or institutional facilities. Furthermore, while noise generated by the use of motor vehicles over public roads is preempted from local regulation, the use of these vehicles is considered a stationary noise source when operated on private property such as at a construction site, a truck terminal, or warehousing facility. The emitted noise from the producer can be mitigated to acceptable levels either at the source or on the adjacent property through the use of proper planning, setbacks, block walls, acoustic-rated windows, dense landscaping, or by changing the location of the noise producer.
The effects of stationary noise depend on factors such as characteristics of the equipment and operations, distance and pathway between the generator and receptor, and weather. Stationary noise sources may be regulated at the point of manufacture (e.g., equipment or engines), with limitations on the hours of operation, or with provision of intervening structures, barriers, or topography.
Construction activities are a common source of stationary noise. Construction-period noise levels are higher than background ambient noise levels but eventually cease once construction is complete.
Construction is performed in discrete steps, each of which has its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated on each construction site and, therefore, would change the noise levels as construction progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction-related noise ranges to be categorized by work phase. Table 3.13-2 shows typical noise levels of construction equipment as measured at a distance of 50 feet from the operating equipment.
Table 3.13-2: Typical Construction Equipment Maximum Noise Levels Type of Equipment Impact Device? (Yes/No)
Specification Maximum Sound Levels for
Analysis (dBA at 50 feet)
Impact Pile Driver Yes 95
Auger Drill Rig No 85
Vibratory Pile Driver No 95
Jackhammers Yes 85
Pneumatic Tools No 85
Pumps No 77
Scrapers No 85
Cranes No 85
Portable Generators No 82
Rollers No 85
Bulldozers No 85
Tractors No 84
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx Type of Equipment Impact Device? (Yes/No)
Specification Maximum Sound Levels for
Analysis (dBA at 50 feet)
Front-End Loaders No 80
Backhoe No 80
Excavators No 85
Graders No 85
Air Compressors No 80
Dump Truck No 84
Concrete Mixer Truck No 85
Pickup Truck No 55
Notes:
dBA = A-weighted decibel
Source: Federal Highway Administration (FHWA) 2006. Highway Construction Noise Handbook. August.
Noise from Multiple Sources
Because sound pressure levels in decibels are based on a logarithmic scale, they cannot be added or subtracted in the usual arithmetical way. Therefore, sound pressure levels in decibels are logarithmically added on an energy summation basis. In other words, adding a new noise source to an existing noise source, both producing noise at the same level, will not double the noise level.
Instead, if the difference between two noise sources is 10 dBA or more, the louder noise source will dominate and the resultant noise level will be equal to the noise level of the louder source. In general, if the difference between two noise sources is 0–1 dBA, the resultant noise level will be 3 dBA higher than the louder noise source, or both sources if they are equal. If the difference between two noise sources is 2–3 dBA, the resultant noise level will be 2 dBA above the louder noise source.
If the difference between two noise sources is 4–10 dBA, the resultant noise level will be 1 dBA higher than the louder noise source.
Characteristics of Vibration
Groundborne vibration consists of rapidly fluctuating motion through a solid medium, specifically the ground, which has an average motion of zero and in which the motion’s amplitude can be described in terms of displacement, velocity, or acceleration. The effects of groundborne vibration typically only cause a nuisance to people, but in extreme cases, excessive groundborne vibration has the potential to cause structural damage to buildings. Although groundborne vibration can be felt outdoors, it is typically only an annoyance to people indoors where the associated effects of the shaking of a building can be notable. Groundborne noise is an effect of groundborne vibration and only exists indoors, since it is produced from noise radiated from the motion of the walls and floors of a room, and may also consist of the rattling of windows or dishes on shelves.
Several different methods are used to quantify vibration amplitude such as the maximum instantaneous peak in the vibrations velocity, which is known as the peak particle velocity (PPV) or the root mean square (rms) amplitude of the vibration velocity. Because of the typically small amplitudes of vibrations, vibration velocity is often expressed in decibels—denoted as LV—and is City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
3.13-6 FirstCarbon Solutions
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Although groundborne vibration can be felt outdoors, it is typically only an annoyance to people indoors where the associated effects of the shaking of a building can be notable. When assessing annoyance from groundborne vibration, vibration is typically expressed as rms velocity in units of decibels of 1 microinch per second, with the unit written in VdB. Typically, developed areas are continuously affected by vibration velocities of 50 VdB or lower. Human perception to vibration starts at levels as low as 67 VdB. Annoyance due to vibration in residential settings starts at approximately 70 VdB.
Off-site sources that may produce perceptible vibrations are usually caused by construction equipment, steel-wheeled trains, and traffic on rough roads, while smooth roads rarely produce perceptible groundborne noise or vibration. Construction activities, such as blasting, pile driving, and operating heavy earthmoving equipment, are common sources of groundborne vibration. Construction vibration impacts on building structures are generally assessed in terms of PPV. Typical vibration source levels from construction equipment are shown in Table 3.13-3.
1 Table 3.13-3: Vibration Levels of Construction Equipment Construction Equipment PPV at 25 Feet (inches/second)
rms Velocity in Decibels (VdB)
at 25 Feet
Water Trucks 0.001 57
Scraper 0.002 58
Bulldozer—small 0.003 58
Jackhammer 0.035 79
Concrete Mixer 0.046 81
Concrete Pump 0.046 81
Paver 0.046 81
Pickup Truck 0.046 81
Auger Drill Rig 0.051 82
Backhoe 0.051 82
Crane (Mobile) 0.051 82
Excavator 0.051 82
Grader 0.051 82
Loader 0.051 82
Loaded Trucks 0.076 86
Bulldozer—large 0.089 87
Caisson drilling 0.089 87
1 Federal Highway Administration (FHWA). 2006. Highway Construction Noise Handbook. August.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx Construction Equipment PPV at 25 Feet (inches/second)
rms Velocity in Decibels (VdB)
at 25 Feet
Vibratory Roller (small) 0.101 88
Compactor 0.138 90
Clam shovel drop 0.202 94
Vibratory Roller (large) 0.210 94
Pile Driver (impact–typical) 0.644 104
Pile Driver (impact–upper range) 1.518 112
Notes:
PPV = peak particle velocity
rms = root mean square
VdB = velocity in decibels
Source: Compilation of scientific and academic literature, generated by Federal Transit Administration (FTA) and Federal Highway Administration (FHWA).
The propagation of groundborne vibration is not as simple to model as airborne noise. This is because noise in the air travels through a relatively uniform medium, while groundborne vibrations travel through the earth, which may contain significant geological differences. Factors that influence groundborne vibration include:
• Vibration source: Type of activity or equipment, such as impact or mobile, and depth of vibration source;
• Vibration path: Soil type, rock layers, soil layering, depth to water table, and frost depth; and • Vibration receiver: Foundation type, building construction, and acoustical absorption.
Among these factors that influence groundborne vibration, there are significant differences in the vibration characteristics when the source is underground compared to at the ground surface. In addition, soil conditions are known to have a strong influence on the levels of groundborne vibration. Among the most important factors are the stiffness and internal damping of the soil and the depth to bedrock. Vibration propagation is more efficient in stiff clay soils than in loose sandy soils, and shallow rock seems to concentrate the vibration energy close to the surface, and can result in groundborne vibration problems at large distance from the source. Factors such as layering of the soil and depth to the water table can have significant effects on the propagation of groundborne vibration. Soft, loose, sandy soils tend to attenuate more vibration energy than hard, rocky materials.
Vibration propagation through groundwater is more efficient than through sandy soils. There are three main types of vibration propagation: surface, compression, and shear waves. Surface waves, or Rayleigh waves, travel along the ground’s surface. These waves carry most of their energy along an expanding circular wave front, similar to ripples produced by throwing a rock into a pool of water. P- waves, or compression waves, are body waves that carry their energy along an expanding spherical wave front. The particle motion in these waves is longitudinal (i.e., in a “push-pull” fashion). P-waves are analogous to airborne sound waves. S-waves, or shear waves, are also body waves that carry energy along an expanding spherical wave front. However, unlike P-waves, the particle motion is transverse, or side-to-side and perpendicular to the direction of propagation.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
3.13-8 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx As vibration waves propagate from a source, the vibration energy decreases in a logarithmic nature and the vibration levels typically decrease by 6 VdB per doubling of the distance from the vibration source.
As stated above, this drop-off rate can vary greatly depending on the soil type, but it has been shown to be effective enough for screening purposes, in order to identify potential vibration impacts that may need to be studied through actual field tests. The vibration level (calculated below as “PPV”) at a distance from a point source can generally be calculated using the vibration reference equation:
PPV= PPV
ref * (25/D)^n (in/sec)
Where:
PPVref = reference measurement at 25 feet from vibration source D = distance from equipment to the receptor
n = vibration attenuation rate through ground
According to Chapter 12 of the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual, an “n” value of 1.5 is recommended to calculate vibration propagation through typical soil conditions.
2 Existing Noise Levels
The existing land uses in the Plan Area include agricultural, rural residential, institutional and public facilities, and natural features. The dominant daily average noise sources in the Plan Area are traffic on local roadways and seasonal agricultural operations.
Noise-Sensitive Land Uses
Noise-sensitive land uses generally consist of those uses where exposure to noise would result in adverse effects as well as uses for which quiet is an essential element of their intended purpose.
Residential dwellings are of primary concern, because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Other typical noise-sensitive land uses include hospitals, convalescent facilities, hotels, religious institutions, libraries, and other uses where low noise levels are essential.
The existing noise-sensitive land uses in the Plan Area include residential, church, and school land uses. Potential noise impacts associated with implementation of the Specific Plan to these existing noise-sensitive land uses are analyzed in this section.
Traffic Noise
Traffic noise depends primarily on traffic speed and the proportion truck traffic. Existing traffic noise levels along selected roadway segments in the project vicinity were modeled using the FHWA Traffic Noise Prediction Model (FHWA-RD-77-108). Site-specific information is entered, such as roadway traffic volumes, roadway active width, source-to-receiver distances, travel speed, noise source and receiver heights, and the percentages of automobiles, medium trucks, and heavy trucks that the traffic is made up of throughout the day, among other variables. The modeled Average Daily Traffic (ADT) volumes were obtained from the traffic analysis prepared by TJKM for the proposed project.
2 Federal Transit Administration (FTA). 2006. Transit Noise and Vibration Impact Assessment. May.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
FirstCarbon Solutions 3.13-9
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx The model inputs and outputs, including the 60 dBA, 65 dBA, and 70 dBA CNEL traffic noise contour distances, are provided in Appendix I. A summary of the modeling results is shown in Table 3.13-4.
Table 3.13-4: Existing (Year 2019) Traffic Noise Levels Roadway Segment ADT
Centerline
to 70 CNEL
(feet)
Centerline
to 65 CNEL
(feet)
Centerline
to 60 CNEL
(feet)
CNEL (dBA)
50 feet from
Centerline
of
Outermost
Lane
Clovis Avenue–south of American Avenue 14,400 58 115 244 68.1 De Wolf Avenue–north of McKinley
Avenue 2,800 < 50 < 50 82 62.5
De Wolf Avenue–south of McKinley
Avenue 1,900 < 50 < 50 63 60.8
De Wolf Avenue–south of Clinton Avenue 2,300 < 50 < 50 72 61.7 De Wolf Avenue–north of Jensen Avenue 1,700 < 50 < 50 59 60.3 De Wolf Avenue–south of Jensen Avenue 1,200 < 50 < 50 < 50 58.8 Jensen Avenue–east of Bethel Avenue 14,000 74 153 326 70.0 Jensen Avenue–east of De Wolf Avenue 9,800 60 121 258 68.5 Jensen Avenue–west of De Wolf Avenue 5,700 < 50 86 180 66.1 Jensen Avenue–east of Temperance
Avenue 9,900 61 122 259 68.5
Jensen Avenue–west of Temperance
Avenue 10,800 64 129 275 68.9
Locan Avenue–north of Tulare Avenue 170 < 50 < 50 < 50 50.3 Locan Avenue–south of Tulare Avenue 160 < 50 < 50 < 50 50.1 McCall Avenue–north of McKinley Avenue 4,200 < 50 < 50 107 64.3 McCall Avenue–north of Ashlan Avenue 5,200 < 50 58 124 65.2 McCall Avenue–north of Belmont Avenue 5,800 < 50 62 133 65.7 Tulare Avenue–east of Locan Avenue 250 < 50 < 50 < 50 52.0 Tulare Avenue–west of Locan Avenue 600 < 50 < 50 < 50 55.8 North Avenue–west of Temperance
Avenue 2,500 < 50 < 50 76 62.0
Notes:
ADT = Average Daily Traffic
CNEL = Community Noise Equivalent Level
dBA = A-weighted decibel
* Modeling results do not take into account mitigating features such as topography, vegetative screening, fencing, building design, or structure screening. Rather, they assume a worst-case scenario of having a direct line of site on flat terrain.
Source: FirstCarbon Solutions (FCS) 2022.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
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3.13.3 - Regulatory Framework
Federal
Noise Control Act
The adverse impact of noise was officially recognized by the federal government in the Noise Control Act of 1972, which serves three purposes:
• Promulgating noise emission standards for interstate commerce • Assisting state and local abatement efforts
• Promoting noise education and research
The Federal Office of Noise Abatement and Control (ONAC) was initially tasked with implementing the Noise Control Act. However, the ONAC has since been eliminated, leaving the development of federal noise policies and programs to other federal agencies and interagency committees.
Among the agencies now regulating noise are the Occupational Safety and Health Administration (OSHA), which limits noise exposure of workers to 90 dB Leq or less for 8 continuous hours or 105 dB Leq or less for 1 continuous hour; the United States Department of Transportation (USDOT), which assumed a significant role in noise control through its various operating agencies; and the Federal Aviation Administration (FAA), which regulates noise of aircraft and airports. Surface transportation system noise is regulated by a host of agencies, including the FTA. Transit noise is regulated by the federal Urban Mass Transit Administration, while freeways that are part of the interstate highway system are regulated by the FHWA. Finally, the federal government actively advocates that local jurisdictions use their land use regulatory authority to arrange new development in such a way that “noise-sensitive” uses are either prohibited from being sited adjacent to a highway, or, alternatively, that developments are planned and constructed in such a manner that minimize potential noise impacts.
Since the federal government has preempted the setting of standards for noise levels that can be emitted by transportation sources, local jurisdictions are limited to regulating the noise generated by the transportation system through nuisance abatement ordinances and land use planning.
Federal Transit Administration Standards and Guidelines The FTA has established industry accepted standards for vibration impact criteria and impact assessment. These guidelines are published in its Transit Noise and Vibration Impact Assessment document (2006). The FTA guidelines include thresholds for construction vibration impacts for various structural categories as shown in Table 3.13-5.
Table 3.13-5: Federal Transit Administration Construction Vibration Impact Criteria Building Category PPV (in/sec) Approximate VdB
I. Reinforced-Concrete, Steel or Timber (no plaster) 0.5 102 II. Engineered Concrete and Masonry (no plaster) 0.3 98 III. Nonengineered Timber and Masonry Buildings 0.2 94
IV. Buildings Extremely Susceptible to Vibration Damage 0.12 90 City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
FirstCarbon Solutions 3.13-11
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Notes:
PPV = peak particle velocity
VdB = velocity in decibels
Source: Federal Aviation Administration (FAA). 2006. Transit Noise and Vibration Impact Assessment.
State
California General Plan Guidelines
Established in 1973, the California Department of Health Services Office of Noise Control was instrumental in developing regularity tools to control and abate noise for use by local agencies. One significant model is the “Land Use Compatibility for Community Noise Environments Matrix,” which allows the local jurisdiction to delineate compatibility of sensitive uses with various incremental levels of noise.
3 Government Code Section 65302 mandates that the legislative body of each county and city in California adopt a noise element as part of its comprehensive general plan. The local noise element must recognize the land use compatibility guidelines published by the State Department of Health Services. The guidelines rank noise/land use compatibility in terms of normally acceptable, conditionally acceptable, normally unacceptable, and clearly unacceptable. The proposed project is also subject to review under the California Environmental Quality Act (CEQA) Guidelines. Appendix G of the CEQA Guidelines provides impact thresholds for potential noise and vibration impacts. The City of Santa Rosa had developed its own CEQA thresholds, which are listed in the Thresholds of Significance section below.
California Building Standards Code
The State of California has established noise insulation standards for new hotels, motels, apartment houses, and dwellings (other than single-family detached housing). These requirements are provided in the 2022 California Building Standards Code (CBC) (California Code of Regulations [CCR] Title 24). 4 As provided in the CBC, the noise insulation standards set forth an interior standard of 45 dBA CNEL as measured from within the structure’s interior. When such structures are located within a 65 dBA CNEL (or greater) exterior noise contour associated with a traffic noise along a roadway, an acoustical analysis is required to ensure that interior levels do not exceed the 45 dBA CNEL threshold.
Title 24 standards are typically enforced by local jurisdictions through the building permit application process.
3 California Department of Health Services Office of Noise Control. Land Use Compatibility for Community Noise Environments Matrix. 1976.
4 California Building Standards Commission. 2022. California Building Standards Code (CCR Title 24). January 1.
I I
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
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The City of Fresno (City) has established Noise Compatibility Standards for residential and nonresidential land uses in the Noise Element of the City of Fresno General Plan5 and in the City of Fresno Municipal Code.6
Fresno General Plan
The Fresno General Plan contains goals, objectives, and policies that address noise within the City of Fresno. The following General Plan goals, objectives, and policies are applicable to the proposed project:
Guiding Policies: Noise
NS-1 Objective Protect the citizens of the City from the harmful and annoying effects of exposure to excessive noise.
Policy NS-1-a Desirable and Generally Acceptable Exterior Noise Environment. Establish 65dBA Ldn or CNEL as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise-sensitive uses for noise but designate 60 dBA Ldn or CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise-sensitive uses. Maintain 65 dBA Ldn or CNEL as the maximum average exterior noise levels for non-sensitive commercial land uses and maintain 70 dBA Ldn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties.
Policy NS-1-b Conditionally Acceptable Exterior Noise Exposure Range. Establish the conditionally acceptable noise exposure level range for residential and other noise-sensitive uses to be 65 dBA L
dn or require appropriate noise reducing mitigation measures as determined by a site-specific acoustical analysis to comply with the desirable and conditionally acceptable exterior noise level and the required interior noise level standards set in Table 9-2 [Table 3.13-6].
Policy NS-1-c Generally Unacceptable Exterior Noise Exposure Range. Establish the exterior noise exposure of greater than 65 dBA L
dn or CNEL to be generally unacceptable for
residential and other noise-sensitive uses for noise generated by sources in Policy NS-1-a, and study alternative less noise-sensitive uses for these areas if otherwise appropriate. Require appropriate noise reducing mitigation measures as determined by a site-specific acoustical analysis to comply with the generally desirable or generally acceptable exterior noise level and the required 45 dBA interior noise level standards set in Table 9-2 [Table 3.13-6] as conditions of permit approval.
5 City of Fresno. 2014. Fresno General Plan, Chapter 9 Noise and Safety. December 18. 6 City of Fresno. 2023. Fresno Municipal Code. Website:
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH15CIDECOINRE_PTIIIREAPSOALDI_ART25 PEST_S15-2506NO. Accessed March 22, 2023.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
FirstCarbon Solutions 3.13-13
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx Policy NS-1-f Performance Standards. Implement performance standards for noise reduction for new residential and noise-sensitive uses exposed to exterior community noise levels from transportation sources above 65 dBA Ldn or CNEL, as shown on Figure NS-3:
Future Noise Contours, or as identified by a project-specific acoustical analysis based on the target acceptable noise levels set in Table 9-2 [Table 3.13-6] and Policies NS- 1-a through NS-1-c.
Policy NS-1-i Mitigation by New Development. Require an acoustic analysis where new development of industrial, commercial or other noise generating land uses (including transportation facilities such as roadways, railroads, and airports) may result in noise levels that exceed the noise level exposure criteria established by Tables 9-2 and 9-3 [Table 3.13-6 and Table 3.13-7] to determine impacts, and require developers to mitigate these impacts in conformance with Tables 9-2 and 9-3 [Table
3.13-6 and Table 3.13-7] as a condition of permit approval through appropriate means. Noise mitigation measures may include:
• The screening of noise sources such as parking and loading facilities, outdoor activities, and mechanical equipment.
• Providing increased setbacks for noise sources from adjacent dwellings. • Installation of walls and landscaping that serve as noise buffers. • Installation of soundproofing materials and double-glazed windows. • Regulating operations, such as hours of operation, including deliveries and trash pickup.
• Alternative acoustical designs that achieve the prescribed noise level reduction may be approved by the City, provided a qualified Acoustical Consultant submits information demonstrating that the alternative designs will achieve and maintain the specific targets for outdoor activity areas and interior spaces. As a last resort, developers may propose to construct noise walls along roadways when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility, with no City funding.
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 dBA Ldn or CNEL or more above the ambient noise limits established in this General Plan Update.
Policy NS-1-k Proposal Review. Review all new public and private development proposals that may potentially be affected by or cause a significant increase in noise levels, per Policy NS- 1-i, to determine conformance with the policies of this Noise Element. Require developers to reduce the noise impacts of new development on adjacent properties through appropriate means.
Policy NS-1-l Enforcement. Continue to enforce applicable State Noise Insulation Standards and Uniform Building Code noise requirements, as adopted by the City.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
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Policy NS-1-n Best Available Technology. Require new noise source to use best available control technology to minimize noise emissions.
Policy NS-1-o Sound Wall Guidelines. Acoustical studies and noise mitigation measures for projects shall specify the heights, materials, and design for sound walls and other noise barriers. Aesthetic considerations shall also be addressed in these studies and mitigation measures such as variable noise barrier heights, a combination of a landscaped berm with wall, and reduced barrier height in combination with increased distance or elevation differences between noise source and noise receptor, with a maximum allowable height of 15 feet. The City will develop guidelines for aesthetic design measures of sound walls, and may commission area wide noise mitigation studies that can serve as templates for acoustical treatment that can be applied to similar situations in the urban area.
Table 3.13-6: Transportation (Non-Aircraft) Noise Source Noise-sensitive Land Use1
Outdoor Activity Areas2
CNEL/Ldn dB
Interior Spaces
CNEL/Ldn dB CNEL/Ldn dB3
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
Notes:
CNEL = Community Noise Equivalent Level
dB = decibel
Ldn = day/night average sound level
1 Where the location of outdoor activity areas is unknown or is not applicable, the exterior noise level standard shall be applied to the property line of the receiving land use. 2 As determined for a typical worst-case hour during periods of use. 3 As determined for a typical worst-case hour during periods of use.
Source: Fresno General Plan, Noise and Safety Element. 2014.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx Table 3.13-7: Stationary Noise Sources
Category
Daytime
(7:00 a.m. to 10:00 p.m.)
Nighttime
(10:00 p.m. to 7:00 a.m.)
Hourly Equivalent Sound Level (Leq), dB 50 45
Maximum Sound Level (Lmax), dB 70 65
Notes:
dB = decibel
Ldn = day/night average sound level
Lmax = maximum noise/sound level
1 The Department of Development and Resource Management Director, on a case-by-case basis, may designate land uses other than those shown in this table to be noise-sensitive and may require appropriate noise mitigation measures. 2 As determined at outdoor activity areas. Where the location of outdoor activity areas is unknown or not applicable, the noise exposure standard shall be applied at the property line of the receiving land use. When ambient noise levels exceed or equal the levels in this table, mitigation shall only be required to limit noise to the ambient plus 5 dB.
Source: Fresno General Plan Noise and Safety Element. 2014.
City of Fresno Municipal Code
Chapter 10, Article 1 (Noise Regulations), of the Fresno Municipal Code establishes excessive noise guidelines and exemptions. The following portions of the Municipal Code are applicable to the proposed project:
SEC. 10-102: Definitions
(b) Ambient Noise. “Ambient noise” is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of 15 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.
District Time Sound Level Decibels
Residential 10:00 p.m. to 7:00 a.m. 50
Residential 7:00 p.m. to 10:00 p.m. 55
Residential 7:00 a.m. to 7:00 p.m. 60
Commercial 10:00 p.m. to 7:00 a.m. 60
Commercial 7:00 a.m. to 10:00 p.m. 65
Industrial anytime 70
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
3.13-16 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx SEC. 10-105 Excessive Noise Prohibited
No person shall make, cause, or suffer or permit to be made or caused upon any premises or upon any public street, alley, or place within the City, any sound or noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing or working in the area, unless such noise or sound is specifically authorized by or in accordance with this article. The provisions of this section shall apply to, but shall not be limited to, the control, use, and operation of the following noise sources:
(a) Radios, musical instruments, phonographs, television sets, or other machines or devices used for the amplification, production, or reproduction of sound or the human voice.
(b) Animals or fowl creating, generating, or emitting any cry or behavioral sound. (c) Machinery or equipment, such as fans, pumps, air conditioning units, engines, turbines, compressors, generators, motors or similar devices, equipment, or apparatus.
(d) Construction equipment or work, including the operation, use or employment of pile drivers, hammers, saws, drills, derricks, hoists, or similar construction equipment or tools.
SEC. 10-109 Exceptions
The provisions of this article shall not apply to:
(a) Construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the City or other governmental agency, or to site preparation and grading, provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday.
(b) Emergency work.
(c) Any act or acts which are prohibited by any law of the State of California or the United States.
Chapter 15, Article 25 (Performance Standards), of the Fresno Municipal Code establishes noise and vibration performance standards. The following portions of the Municipal Code are applicable to the proposed project:
SEC. 15-2506 Noise
The provisions of this section apply to noise sources resulting from and relating to new development or the expansion of a use or activity. Section 15-2506 establishes noise exposure thresholds from transportation-related noise sources for new noise- sensitive land use development. The maximum allowable exterior noise level for City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
FirstCarbon Solutions 3.13-17
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Section 15-2506 also establishes land use compatibility standards for new development proposed near transportation noise sources. For example, environments with traffic noise levels ranging up to 65 dBA Ldn/CNEL are considered satisfactory for new residential or similar noise-sensitive land use development and may be permitted without requiring noise attenuation. Environments with traffic noise levels between 65 dBA and 70 dBA CNEL would require analysis and integration of noise reduction measures in the project design. Environments with traffic noise levels between 70 dBA and 75 dBA CNEL would require a site-specific acoustical study and implementation of noise attenuation measures. Environments with traffic noise levels above 75 dBA CNEL are not acceptable for new residential or similar noise-sensitive development.
Section 15-2506 further establishes noise performance standards for stationary noise sources. The daytime noise performance standards are 50 dBA Leq (hourly) and 70 dBA Lmax; and the nighttime standards are 45 dBA Leq (hourly) and 60 dBA Lmax.
SEC. 15-2507 Vibration
No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.
Fresno Southeast Development Area Specific Plan
The Fresno Southeast Development Area (SEDA) Specific Plan does not contain policies directly related to noise or groundborne vibration.
3.13.4 - Methodology
Construction Noise Analysis Methodology
A worst-case scenario was analyzed assuming each piece of modeled equipment would operate simultaneously at the nearest reasonable locations to the closest noise-sensitive receptor for the loudest phase of construction. Noise emission levels recommended by FHWA’s Highway Construction Noise Handbook were used to ascertain the noise generated by specific types of construction equipment. The construction noise impact was evaluated in terms of maximum levels (Lmax). Analysis requirements were based on the sensitivity of nearby receptors and the Noise Ordinance specifications.
Traffic Noise Modeling Methodology
The FHWA highway traffic noise prediction model (FHWA-RD-77-108) was used to evaluate traffic- related noise conditions in the vicinity of the project site. Traffic data used in the model was City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
3.13-18 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx obtained from the Traffic Impact Analysis (TIA) prepared for the project (Appendix H).7 The resultant noise levels were weighed and summed over a 24-hour period in order to determine the CNEL values. The FHWA-RD-77-108 Model arrives at a predicted noise level through a series of adjustments to the Reference Energy Mean Emission Level. Adjustments are then made to account for the roadway active width (i.e., the distance between the center of the outermost travel lanes on each side of the roadway); the total ADT and the percentage of ADT that flows during the day, evening, and night; the travel speed; the vehicle mix on the roadway; a percentage of the volume of automobiles, medium trucks, and heavy trucks; the roadway grade; the angle of view of the observer exposed to the roadway; and the site conditions (“hard” or “soft”) as they relate to the absorption of the ground, pavement, or landscaping.
The level of traffic noise depends on the three primary factors: (1) the volume of the traffic, (2) the speed of the traffic, and (3) the number of trucks in the flow of traffic. Generally, the loudness of traffic noise is increased by heavier traffic volumes, higher speeds, and greater number of trucks.
Vehicle noise is a combination of the noise produced by the engine, exhaust, and tires. Because of the logarithmic nature of traffic noise levels, a doubling of the traffic volume (assuming that the speed and truck mix do not change) results in a noise level increase of 3 dBA. Based on the FHWA community noise assessment criteria, this change is “barely perceptible.” For reference, a doubling of perceived noise levels would require an increase of approximately 10 dBA. The truck mix on a given roadway also has an effect on community noise levels. As the number of heavy trucks increases and becomes a larger percentage of the vehicle mix, adjacent noise levels increase.
The model analyzed the noise impacts from the nearby roadways onto the project vicinity, which consists of the area that has the potential of being impacted from the on-site noise sources as well as the project-generated traffic on the nearby roadways. The roadways were analyzed based on a single-lane-equivalent noise source combining both directions of travel. A single-lane-equivalent noise source exists when the vehicular traffic from all lanes is combined into a theoretical single lane that has a width equal to the distance between the two outside lanes of a roadway, which provides almost identical results to analyzing each lane separately where elevation changes are minimal.
Stationary Noise Source Analysis Methodology
The proposed project would generate noise from future development that could contain new exterior mechanical equipment sources, such as rooftop ventilation systems on proposed industrial uses, and potential new parking lot activities. To provide a conservative analysis, the highest end of the range of reference noise levels for these stationary noise sources was used to calculate the reasonable worst-case hourly average noise levels from each noise source. These noise levels were then compared to the City’s applicable noise performance threshold to determine whether these noise sources would result in a substantial increase in excess of this standard.
Vibration Impact Analysis Methodology
The City of Fresno does not have adopted criteria for construction or operational groundborne vibration impacts. Therefore, the FTA’s vibration impact criteria and modeling and analysis
7 Environmental Planning Development Solutions, Inc, 2022. Rio Vista Specific Plan Traffic Impact Analysis. January 26.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx methodology were utilized to evaluate potential vibration impacts. The FTA has established industry accepted standards for vibration impact criteria and impact assessment. These guidelines are published in its Transit Noise and Vibration Impact Assessment document8 and are summarized in Table 3.13-5 in the regulatory discussion above.
3.13.5 - Thresholds of Significance
The Lead Agency utilizes the criteria in the CEQA Guidelines Appendix G Environmental Checklist as thresholds to determine whether noise impacts are significant environmental effects.
Appendix G to the CEQA Guidelines is a sample Initial Study Checklist that includes questions for determining whether impacts to resources are significant. These questions reflect the input of planning and environmental professionals at the Governor’s Office of Planning and Research and the California Natural Resources Agency based on input from stakeholder groups and experts in various other governmental agencies, nonprofits, and leading environmental consulting firms. Accordingly, the City has derived its significance criteria, based in part on the questions posed in Appendix G. These significance criteria are as follows:
The project would have a significant impact on the environment if it would:
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.
b) Generation of excessive groundborne vibration or groundborne noise levels. 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.
3.13.6 - Project Impacts and Mitigation Measures
This section discusses potential impacts associated with the development of the project and provides mitigation measures where appropriate.
Substantial Noise Increase in Excess of Standards
Impact NOI-1: The proposed project could generate 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.
8 Federal Transit Administration (FTA). 2006. Transit Noise and Vibration Impact Assessment. May.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
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Temporary Construction Noise Impacts
A significant impact would occur if project-related, noise producing construction activities result in a substantial temporary increase in ambient noise levels in excess of the established standards. The City’s Noise Ordinance identifies that construction, repair, or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the City or other governmental agency, or to site preparation and grading, are exempt from the noise performance standards of the Noise Ordinance provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday.
Development that could occur from implementation of the Specific Plan is expected to result in construction activities within the planning area. Noise impacts from construction activities would be a function of the noise generated by construction equipment, equipment location, sensitivity of nearby land uses, and the timing and duration of the construction activities.
For future development projects, two types of short-term noise impacts would occur during site preparation and project construction. The first type would result from the increase in traffic flow on local streets associated with the transport of workers, equipment, and materials to and from the project site. The transport of workers and construction equipment and materials to a development site would incrementally increase noise levels on access roads leading to the site. Typically, a doubling of the ADT hourly volumes on a roadway segment is required in order to result in an increase of 3 dBA in traffic noise levels, which, as discussed in the characteristics of noise discussion above, is the lowest change that can be perceptible to the human ear in outdoor environments.
Individual development project’s construction trips would not be expected to double the hourly or daily traffic volumes along roadway segments in the vicinity of a development site. For this reason, short-term intermittent noise from construction trips would not be expected to result in a perceptible increase in hourly or daily average traffic noise levels. Therefore, short-term construction-related noise impacts associated with the transportation of workers and equipment to a development site would be less than significant.
For future development projects, the second type of short-term noise impact is related to noise generated during site preparation, grading, and construction activities. Construction is performed in discrete steps, each of which has its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated on-site. Thus, the noise levels vary as construction progresses. Despite the variety in the types and sizes of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction noise ranges to be categorized by work phase. Table 3.13-2 shows typical noise levels of construction equipment as measured at a distance of 25 feet from the operating equipment.
The site preparation phase, which includes excavation and grading activities, generates the highest noise levels because the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery and compacting equipment, such as bulldozers, draglines, backhoes, front loaders, roller compactors, scrapers, and graders. Typical operating cycles for these City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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Development projects that could occur with implementation of the of the Specific Plan would be expected to require the use of some of the loudest pieces of construction equipment listed in Table
3.13-2. For example, the maximum noise level generated by each pile driver is assumed to be 112 dBA Lmax at 25 feet from this equipment. Bulldozers would generate 87 dBA Lmax at 25 feet. The maximum noise level generated by graders is approximately 82 dBA Lmax at 25 feet. Each doubling of sound sources with equal strength increases the noise level by 3 dBA. Assuming that each piece of construction equipment operates at some distance from the other equipment, a reasonable worst-case combined noise level during this phase of construction would be 90 dBA Lmax at a distance of 50 feet from the acoustical center of a construction area. This would result in a reasonable worst-case hourly average of 86 dBA Leq. The acoustical center reference is used because construction equipment must operate at some distance from one another on a project site and the combined noise level as measured at a point equidistant from multiple sources operating simultaneously would represent the worst-case noise levels.
There are no site-specific development plans; however, project development in the Plan Area could result in the potential for relatively high single event construction noise causing resulting in temporary substantial increase in ambient noise levels in the vicinity of the project in excess of established standards, potentially resulting in an intermittent noise nuisance that could result in annoyance or sleep disturbances at nearby sensitive receptors. Therefore, mitigation is required to reduce this potential impact. With implementation of Mitigation Measure (MM) NOI-1a and MM NOI-1b, construction noise impacts due to construction activities would be reduced to the extent feasible.
However, given that details of individual development projects in the vicinity of the Plan Area are currently unknown, it is not possible to quantify the construction noise impacts at specific off-site or on-site sensitive receptors. Because these construction activities may occur near noise-sensitive receptors and because noise disturbances may occur for prolonged periods of time, construction noise impacts would remain significant and unavoidable.
Operational Mobile Source Noise Impacts
A significant impact would occur if project-generated traffic would result in a substantial increase in ambient noise levels compared with those that would exist without the proposed project. The City does not define “substantial increase”; therefore, for purpose of this analysis, a substantial increase is based on the following criteria. A characteristic of noise is that audible increases in noise levels generally refer to a change of 3 dBA or more as this level has been found to be barely perceptible to the human ear in outdoor environments. A change of 5 dBA is considered the minimum readily perceptible change to the human ear in outdoor environments. Therefore, for purposes of this analysis, a significant impact would occur if the proposed project would cause the CNEL to increase by any of the following:
• 5 dBA or more even if the CNEL would remain below normally acceptable levels for a receiving land use.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
3.13-22 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx • 3 dBA or more, thereby causing the CNEL to exceed normally acceptable levels for a receiving land use.
As identified in Table 3.13-6, noise environments with transportation noise levels of up to 65 dBA CNEL are considered normally acceptable for new residential, transient lodging, hospitals, nursing homes, churches, and meeting halls land use development.
The FHWA highway traffic noise prediction model (FHWA-RD-77-108) was used to evaluate existing and future project-related traffic noise conditions along modeled roadway segments in the vicinity of the project site. Traffic modeling was performed using the data provided by TJKM in the traffic analysis prepared for the proposed project. The resultant noise levels were weighed and summed over a 24- hour period to determine the CNEL values. The traffic noise modeling input and output files—including the 60 dBA, 65 dBA, and 70 dBA CNEL noise contour distances—are included in Appendix I. Table
3.13-8 shows a summary of the traffic noise levels for year 2035 forecast traffic conditions without and with the proposed project, as measured at 50 feet from the centerline of the outermost travel lane.
Table 3.13-8: Year 2035 Forecast Traffic Noise Levels Without and With the Proposed Project
Roadway Segment
Without Project With Project Increase Over
Without Project
Conditions
(dBA) ADT CNEL (dBA) ADT CNEL (dBA)
Clovis Avenue–south of American Avenue 15,400 68.4 18,300 69.2 0.8 De Wolf Avenue–north of McKinley Avenue 4,300 64.4 5,600 65.5 1.1 De Wolf Avenue–south of McKinley Avenue 1,900 60.8 3,700 63.7 2.9 De Wolf Avenue–south of Clinton Avenue 3,500 63.5 4,700 64.8 1.3 De Wolf Avenue–north of Jensen Avenue 1,700 60.3 3,600 63.6 3.3 De Wolf Avenue–south of Jensen Avenue 1,300 59.2 2,200 61.5 2.3 Jensen Avenue–east of Bethel Avenue 15,100 70.3 18,900 71.3 1.0 Jensen Avenue–east of De Wolf Avenue 11,600 69.2 16,800 70.8 1.6 Jensen Avenue–west of De Wolf Avenue 6,700 66.8 10,000 68.5 1.7 Jensen Avenue–east of Temperance Avenue 13,900 70.0 20,100 71.6 1.6 Jensen Avenue–west of Temperance
Avenue 12,700 69.6 19,800 71.5 1.9
Locan Avenue–north of Tulare Avenue 220 51.5 400 54.1 2.6 Locan Avenue–south of Tulare Avenue 200 51.0 320 53.1 2.1 McCall Avenue–north of McKinley Avenue 4,200 64.3 6,400 66.1 1.8 McCall Avenue–north of Ashlan Avenue 5,200 65.2 5,700 65.6 0.4 McCall Avenue–north of Belmont Avenue 5,800 65.7 10,000 68.0 2.3 r r r
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City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
FirstCarbon Solutions 3.13-23
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx Roadway Segment
Without Project With Project Increase Over
Without Project
Conditions
(dBA) ADT CNEL (dBA) ADT CNEL (dBA)
Tulare Avenue–east of Locan Avenue 370 53.7 590 55.7 2.0 Tulare Avenue–west of Locan Avenue 870 57.4 1,400 59.5 2.1 North Avenue–west of Temperance Avenue 2,500 62.0 2,500 62.0 0.0 Note:
ADT = Average Daily Traffic
CNEL = Community Noise Equivalent Level
dBA = A-weighted decibel
Bold values indicate roadway segments with traffic noise levels in excess of the City’s acceptable noise exposure level for new noise-sensitive land use development.
Source: FirstCarbon Solutions (FCS) 2022.
As shown in Table 3.13-8, the highest traffic noise level increase with implementation of the proposed project would occur along De Wolf Avenue, on the segment north of Jensen Avenue. The modeling results show that the plus project traffic noise levels would result in an increase of 3.3 dBA over conditions that would exist without the project, resulting in traffic noise levels of 63.6 dBA CNEL as measured at 50 feet from the centerline of the outermost travel lane along this roadway segment.
These noise levels are below the City’s normally acceptable land use compatibility standard of 65 dB CNEL for noise-sensitive land use development. The resulting increase is less than the 5 dBA increase that would be considered a substantial increase. Therefore, project-related traffic noise levels would not result in a substantial permanent increase in traffic noise levels in excess of applicable standards and would represent a less than significant impact.
However, several of the modeled roadway segments, shown in bold in Table 3.13-8, have traffic noise levels that exceed the City’s land use compatibility standards for new development proposed near transportation noise sources. The roadway segment of Jensen Avenue east of Temperance Avenue would experience the highest forecasted traffic noise levels, with noise levels of 71.6 dBA CNEL as measured at 50 feet from the centerline of the outermost travel lane under With Project conditions. This would be considered a significant impact and site-specific analysis would be required for future noise-sensitive land use development in these areas. These traffic noise impacts can be mitigated either by using setbacks, soundwalls, acoustic-rated windows, or by siting non- sensitive buildings as shielding. For example, at a distance of 160 feet from the centerline of Jensen Avenue, future traffic noise levels would attenuate to below 65 dBA CNEL; in addition, properly sited structural (building or sound wall) shielding can provide 15 dBA or greater additional noise reduction.
Therefore, implementation of MM NOI-1c, which requires preparation of a traffic noise reduction plan to identify appropriate design measures, where required, would ensure traffic noise impacts on future noise-sensitive land use development projects would be reduced to less than significant. _J
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City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
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A significant impact would occur if operational noise levels generated by stationary noise sources associated with development projects within the Plan Area would exceed the noise performance standards of Section 15-2506 of the Municipal Code.
Development projects that could occur with implementation of the Specific Plan would include new stationary noise sources. These stationary noise sources could involve a wide spectrum of uses and activities, including various industrial uses, commercial operations, agricultural production, school playgrounds, high school football games and marching bands, HVAC units, generators, lawn maintenance equipment, and swimming pool pumps. These would be potential point sources of noise that could affect noise-sensitive receptors in the Plan Area.
Typical maximum noise levels from truck loading and unloading activity are 65 dBA to 75 dBA L max as
measured at 50 feet. These maximum noise levels include noise from associated truck loading/unloading activities, including maneuvering, trailer loading and unloading, backup alarms or beepers, and docking noise. Parking activities include vehicles cruising at slow speeds, doors shutting, or cars starting, would generate noise levels of approximately 60 dBA to 70 dBA L max at 50
feet. Current market available residential mechanical ventilation equipment has rated operational noise levels up to 70 dBA Leq at a distance of 3 feet. Current market available commercial grade mechanical ventilation equipment is rated as having operational noise levels up to 80 dBA Leq at 3 feet from the operating equipment.
These stationary source operational noise levels could exceed the City’s noise performance thresholds if they were to occur in areas adjacent to sensitive receptor land uses. Therefore, mitigation would be required to reduce this potential impact. Operational activity noise levels can be mitigated either at the source or at the receiving land use using setbacks, soundwalls, acoustic-rated windows, or by siting loading/parking areas on sides of buildings opposite sensitive receptors (using buildings as shielding). For example, at a distance of 300 feet, unobstructed truck loading activity noise levels would attenuate to below 60 dBA Lmax, while properly sited structural shielding (building or sound wall) can provide 15 dBA or greater additional noise reduction.
Therefore, with implementation of MM NOI-1d, which requires preparation of a stationary source noise reduction plan to identify appropriate design measures, where required, would ensure stationary source operational noise impacts generated by future development projects would be reduced to less than significant.
Level of Significance Before Mitigation
Potentially significant impact.
Mitigation Measures
MM NOI-1a Construction Activity Hours Restriction
Construction activity which requires a permit issued by the City of Fresno shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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MM NOI-1b Construction Noise Mitigation Plan
Prior to the issuance of demolition, grading, and/or construction permits, applicants for individual development projects within 500 feet of noise-sensitive receptors (e.g., residences, hospitals, schools) shall conduct a project-level construction noise analysis to evaluate potential impacts on sensitive receptors. The analysis shall be conducted once the final construction equipment list that will be used for demolition and grading activities is determined. The project-level noise analysis shall be prepared, reviewed, and approved by the City of Fresno Planning Director. If the analysis determines that demolition and construction activities would result in an impact to identified noise-sensitive receptors, then specific measures to attenuate the noise impact shall be outlined in the analysis and reviewed and approved by the City of Fresno Planning Director. Specific measures may include, but are not limited to, the following Best Management Practices (BMPs):
• Post a construction site notice near the construction site access point or in an area that is clearly visible to the public. The notice shall include the following: job site address; permit number, name, and phone number of the contractor and owner; dates and duration of construction activities; construction hours allowed; and the City of Fresno Planning Director and construction contractor phone numbers where noise complaints can be reported and logged.
• Consider the installation of temporary sound barriers for construction activities immediately adjacent to occupied noise-sensitive structures. • Restrict haul routes and construction-related traffic to the least noise-sensitive times of the day.
• Reduce non-essential idling of construction equipment to no more than 5 minutes.
• Ensure that all construction equipment is monitored and properly maintained in accordance with the manufacturer’s recommendations to minimize noise. • Fit all construction equipment with properly-operating mufflers, air intake silencers, and engine shrouds, no less effective than as originally equipped by the manufacturer, to minimize noise emissions.
• If construction equipment is equipped with backup alarm shut offs, switch off backup alarms and replace with human spotters, as feasible. • Stationary equipment (such as generators and air compressors) and equipment maintenance and staging areas shall be located as far from existing noise-sensitive land uses, as feasible.
• To the extent feasible, use acoustic enclosures, shields, or shrouds for stationary equipment such as compressors and pumps.
• Shut off generators when generators are not needed.
• Coordinate deliveries to reduce the potential of trucks waiting to unload and idling for long periods of time.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
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https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-13 Noise.docx • Grade surface irregularities on construction sites to prevent potholes from causing vehicular noise.
• Minimize the use of impact devices such as jackhammers, pavement breakers, and hoe rams. Where possible, use concrete crushers or pavement saws rather than hoe rams for tasks such as concrete or asphalt demolition and removal. • The final noise reduction measures to be implemented and their associated details shall be determined by the construction-level noise analysis. The final noise reduction measures shall be included on all construction and building documents and/or construction management plans and submitted for verification to the City; implemented by the construction contractor through the duration of the construction phase; and discussed at the pre-demolition, -grade, and/or - construction meetings.
MM NOI-1c Traffic Noise Reduction Plan
Prior to issuance of building permits, the property owner/developer shall be responsible to implement the following measures to limit potential traffic noise source impacts:
• Any proposed development project that would include noise-sensitive land use development along noise impacted roadway segments identified in Table 3.13-8 shall demonstrate compliance with Municipal Code Section 15-2506 by submitting a final acoustical report. This report shall demonstrate that the proposed project incorporates sufficient noise attenuation features, if needed, to meet the City’s exterior/interior noise performance standards. The individual project owner/developer shall submit the acoustic study to the Planning Director for review and approval. Upon approval by the City of Fresno, the proposed acoustical design features shall be incorporated into the proposed development.
Noise reduction design features may include, but are not limited to, locating noise-sensitive development on the site to be shielded by structures (buildings, enclosures, or sound walls) or by using upgraded wall and window assemblies to ensure that acceptable interior noise levels are maintained.
MM NOI-1d Stationary Source Noise Reduction Plan
Prior to issuance of building permits, the property owner/developer shall be responsible to implement the following measures to limit operational stationary noise source impacts:
• Any proposed development projects that include unshielded parking areas within 175 feet, or unshielded truck loading docks within 300 feet, or unshielded mechanical ventilation equipment systems within 35 feet of a noise-sensitive receptor, shall demonstrate compliance with Municipal Code Section 15-2506 by submitting a site-specific acoustic study. These reports shall demonstrate that the proposed project incorporates sufficient noise attenuation features, if needed, to City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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Level of Significance After Mitigation
Significant and unavoidable (construction noise). With implementation of MM NOI-1a and MM NOI- 1b, construction noise impacts due to construction activities would be reduced to the extent feasible. However, given that details of individual development projects in the vicinity of the Plan Area are currently unknown, it is not possible to quantify the construction noise impacts at specific off-site or on-site sensitive receptors. Because these construction activities may occur near noise- sensitive receptors and because noise disturbances may occur for prolonged periods of time, construction noise impacts would remain significant and unavoidable.
Groundborne Vibration/Noise Levels
Impact NOI-2: The proposed project could result in generation of excessive groundborne vibration or groundborne noise levels.
Impact Analysis
This section analyzes both construction and operational groundborne vibration impacts. The City prohibits groundborne vibration that is discernible without the aid of instruments by a reasonable person at the lot lines of the site; however, vibrations from temporary construction activities are exempt from this standard. Therefore, for purposes of this analysis, the FTA’s vibration impact criteria are utilized to analyze construction vibration impacts. The FTA has established industry accepted standards for vibration impact criteria and impact assessment. These guidelines are published in its Transit Noise and Vibration Impact Assessment Manual. The construction vibration impact criteria are summarized in Table 3.13-3 in the regulatory section above.
A significant impact would occur if existing structures at the project site or in the project vicinity would be exposed to groundborne vibration levels in excess of levels established by the FTA’s Construction Vibration Impact Criteria. Development of the Specific Plan would require the use of construction equipment which are vibration generators.
Short-term Construction Vibration Impacts to Off-site Receptors Construction activity can result in varying degrees of ground vibration, depending on the equipment used on the site. Operation of construction equipment causes ground vibrations that spread through the ground and diminish in strength with distance. Buildings in the vicinity of a construction site respond to these vibrations with varying results ranging from no perceptible effects at the low levels to slight damage at the highest levels. As shown in the setting section above, Table 3.13-3 provides approximate vibration levels for construction activities.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
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Impact pile drivers produce groundborne vibration levels ranging up to 0.644 inch per second (in/sec) PPV at 25 feet from the operating equipment. The heaviest type of mobile equipment that would produce the highest vibration levels would be a large vibratory roller produce groundborne vibration levels ranging up to 0.644 in/sec PPV as measured at 25 feet.
Construction vibration levels from future development projects could exceed the FTA’s damage threshold criteria for receiving structures. Therefore, mitigation would be required to reduce this potential impact. Construction vibration sources can be mitigated to acceptable levels either at the source or on the adjacent property using alternate equipment, adequate setbacks, or by digging temporary trenches between the source and the receptor. For example, at a distance of 200 feet, vibration levels from an impact pile driver would attenuate to 0.02 in/sec PPV.
Therefore, implementation of MM NOI-2, which requires preparation of a Construction Vibration Reduction Plan for any nearby structure, would ensure that these vibration level impacts generated by future development projects would be reduced to a less than significant impact.
Operational Vibration Impacts
Based on the proposed types of land uses of the Specific Plan, future related development projects are not anticipated to include any permanent sources of vibration that would expose persons in the project vicinity to excessive groundborne vibration levels. In addition, there are no existing significant permanent sources of groundborne vibration located within the Specific Plan development area to which future development projects would be exposed. Therefore, project operational groundborne vibration level impacts would be considered less than significant.
Level of Significance Before Mitigation
Potentially significant impact.
Mitigation Measures
MM NOI-2 Construction Vibration Reduction Plan
Prior to issuance of grading and/or building permits, a note shall be provided on grading and building plans indicating that during grading and construction the property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction-related vibration impacts:
• For any future development projects that would necessitate the use of pile driving within 200 feet of an off-site structure shall submit a Construction Vibration Reduction Plan that identifies specific techniques, such as the depth and location of temporary trenching that would reduce potential vibration impacts to less than significant for the impacted structure.
• For any future development projects that would necessitate the use of large vibratory rollers within 30 feet of an off-site structure, or the use of other heavy construction equipment within 15 feet of an off-site structure, shall submit a City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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Level of Significance After Mitigation
Less than significant impact.
Excessive Noise Levels from Airport Activity
Impact NOI-3: The proposed project would not expose people residing or working in the project area to excessive noise levels 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.
Impact Analysis
The nearest public airport to the project site is the Fresno Yosemite International Airport, located approximately 2 miles west of the nearest Specific Plan boundary. At this distance, the entire Plan Area is located outside of the airport noise contours. Therefore, implementation of the project would not expose persons residing or working in the Plan Area to noise levels from airport activity that would be in excess of normally acceptable standards. Therefore, no impact would occur.
Level of Significance Before Mitigation
No impact.
Mitigation Measures
None required.
3.13.7 - Cumulative Impacts
The geographic scope of the cumulative noise analysis is limited by the range of potential noise impacts. Noise impacts tend to be localized; therefore, noise impacts for traffic and stationary noise sources are limited to approximately 500 feet from the source. This analysis evaluates whether impacts of the Specific Plan, together with impacts of cumulative development, would result in a cumulatively significant impact with respect to noise. This analysis then considers whether incremental contribution of the impacts associated with implementation of the Specific Plan would be significant. Both conditions must apply for cumulative effects to rise to the level of significance.
Construction Noise Impacts
The significance threshold for a cumulative construction noise impact would be a substantial temporary noise increase in areas in the project vicinity, which already experience excessive noise levels from construction activities. There are no major long-term development projects undergoing construction in the Plan Area that would constitute an existing cumulative impact. However, given City of Fresno—Fresno Southeast Development Area Specific Plan Project Noise Recirculated Draft Program EIR
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Because construction activities associated with implementation of the Specific Plan could then also occur simultaneously and because noise disturbances could occur for prolonged periods of time, there is the possibility for a cumulative construction noise impacts that would remain significant and unavoidable.
Traffic Noise Impacts
The significance threshold for a cumulative traffic noise impact would be a substantial permanent increase in traffic noise levels in the vicinity of the project along any roadway segment that already experiences noise levels in excess of normally acceptable standards for adjacent land uses. As shown in Table 3.13-8, several modeled roadway segments currently experience traffic noise levels that exceed the City’s land use compatibility standards for new development proposed near transportation noise sources. This would be considered an existing cumulative impact. However, as shown in the traffic noise impact discussion above, for each of the existing impacted roadway segments, implementation of the Specific Plan would not result in a considerable contribution to this existing cumulative impact. Therefore, implementation of the project would not result in a potentially significant cumulatively considerable contribution to traffic noise impacts on roadway segments in the Plan Area or within 500 feet of the Plan Area. This impact would be less than significant.
Stationary Source Noise Impacts
The significance threshold for a cumulative stationary source operational noise impact would be a substantial temporary noise increase at any location that is already exposed to excessive noise levels from stationary source operational noise. There are no major permanent stationary noise sources in the Plan Area that would constitute an existing cumulative noise impact. Therefore, since there is not an existing cumulative stationary source noise impact in the Plan Area, implementation of the Specific Plan would result in a less than significant cumulative impact related to stationary source noise. In addition, as shown in the stationary source noise impact discussion, any proposed project in the Plan Area that would have stationary noise sources would be required to prepare a site- specific analysis and incorporate design measures, where necessary, to ensure potential impacts would be reduced to less than significant as measured at sensitive receptors. Therefore, implementation of the project would not result in a potentially significant cumulatively considerable contribution to stationary source noise impacts in the Plan Area or within 500 feet of the Plan Area.
This impact would be less than significant.
Construction Vibration Impacts
Construction-related groundborne vibration impacts are very localized; therefore, only areas within approximately 50 feet of a construction site could potentially be affected by groundborne vibration resulting from construction activities. There are no major long-term development projects undergoing construction in the Plan Area that would constitute an existing cumulative groundborne vibration impact. Therefore, since there is not an existing cumulative groundborne vibration impact in the Plan Area, then implementation of the Specific Plan would result in a less than significant City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Noise
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Operational Groundborne Vibration Impacts
The only cumulatively considerable contribution to groundborne vibration conditions in the project vicinity would result from introduction of new permanent sources of groundborne vibration to an existing impacted environment. The only major sources of groundborne vibration in the project vicinity is railroad activity along the rail line located over 9,000 feet west of the proposed project’s development areas. Implementation of the proposed project would not introduce any new permanent sources of groundborne vibration to the project vicinity and would not increase railroad activity. Therefore, implementation of the proposed project would not result in a potentially significant cumulatively considerable contribution to vibration conditions in the project vicinity. This impact would be less than significant.
Level of Cumulative Significance Before Mitigation
Potentially significant impact (construction noise).
Less than significant impact (all other noise and vibration impacts).
Cumulative Mitigation Measures
No mitigation is available that would reduce cumulative construction noise impacts to less than significant.
Level of Cumulative Significance After Mitigation
Significant and unavoidable impact (construction noise).
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3.14 - Population and Housing
This section describes existing population and housing in the region, County, and project area as well as the relevant regulatory framework. This section also evaluates the possible impacts related to population and housing that could result from implementation of the proposed project. Information included in this section is based, in part, on databases and reports provided in the Fresno General Plan (General Plan) and Municipal Code, and by California Department of Finance (CDF), and the United States Census Bureau.
As further discussed in Chapter 1, Introduction, three public comments were received during the Draft Program Environmental Impact Report (Draft PEIR) scoping period related to population, housing, and employment:
• Requests that the Draft PEIR accurately captures and analyzes baseline conditions and potentially significant project-specific and cumulative impacts within and adjacent to the planning area.
• Requests that the Draft PEIR identifies and adopts all feasible and enforceable mitigation measures that avoid and reduce negative impact.
• Requests that the Draft PEIR analyzes and creates mitigation measures consistent with all applicable laws, including State and federal fair housing, civil rights, and climate laws such as Senate Bill (SB) 743.
3.14.1 - Existing Conditions
This section describes the existing population and housing conditions within the Plan Area, as well as in the City of Fresno (City) as a whole, to provide context for the analysis of the proposed project.
Land within the Plan Area includes a mixture of industrial, agricultural, commercial, and residential land uses. Rural residential development is primarily concentrated in the area between State Route (SR) 180 and McKinley Avenue but also scattered throughout the Plan Area. The pattern transitions into agricultural uses toward the southeastern end of the Plan Area, closer to land outside the city limits within the City’s Sphere of Influence (SOI) and County-owned land. The predominant existing use in the Plan Area (approximately 5,000 acres) is agriculture, primarily vineyards, orchards, and vegetable farms. Pockets of commercial uses are scattered through the Plan Area. Industrial uses are located immediately adjacent to, or enclosed by, residential neighborhoods. Additionally, there are vacant lands across the Plan Area.
Population
As of April 2020, the U.S. Census Bureau determined that City of Fresno had a population of 542,107, up from 494,665 in 2010, which is a population increase of 9.5 percent. As of 2020, the City had 170,137 households.1
1 United States Census Bureau. 2022. Quick Facts: Fresno city, California. Website:
https://www.census.gov/quickfacts/fact/table/fresnocitycalifornia,fresnocountycalifornia/PST045221. Accessed May 20, 2022.
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2.99 persons per household.3 Therefore, the estimated population of the Plan Area is approximately 2,171 persons.4
Population Projections
The Fresno Council of Governments (Fresno COG) anticipates the City’s growth will increase from 621,540 people in 2025 to 728,200 people in 2050. Additionally, the total number of new households between 2019 and 2025 will be 41,670.5
As described above, there are currently 700 residential parcels within the Plan Area, which accommodate 713 single-family homes and 13 mobile homes. The General Plan projects that the Plan Area would have approximately 15,000 housing units by the year 2035. At its full buildout, the Plan Area is expected to have 45,000 housing units. Using the average household size in the City of
2.99, the Plan Area is expected to have a total population of approximately 44,850 persons by 2035 and approximately 134,550 persons at full buildout.
The population projections described above are consistent with the population projections and methodology found within the City’s General Plan and utilize the best data available at the time this analysis was prepared. This approach is consistent with requirements to maintain consistency with the General Plan. By evaluating the proposed project within the context of the General Plan, the City is able to comprehensively assess future demand for resources such as water and energy, as well as public services such as police, fire, and education. Utilizing projections for the proposed project that are consistent with the General Plan allows for the development of Specific Plan Policies and Programs that are reflective of the City’s planned and approved growth identified in the General Plan.
Housing
Between 2016 and 2020, the average household size in the City was 3.04 persons per dwelling unit, about 3 percent lower than the countywide average of 3.14.6 The total number of new households between 2019 and 2025 is anticipated to be 41,670.
2 United States Census Bureau. 2022. Quick Facts: Fresno city, California. Website:
https://www.census.gov/quickfacts/fact/table/fresnocitycalifornia,fresnocountycalifornia/PST045221. Accessed May 20, 2022. 3 State of California Department of Finance. May 2022. E-5 Population and Housing Estimates for Cities, Counties and the State, 2020- 2022. Website: https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-counties- and-the-state-2020-2022/. Accessed June 29, 2022.
4 (700 single-family homes + mobile homes)*2.99 persons per household = 2,170.74 5 Fresno Council of Governments (Fresno COG). 2021. Fresno County 2050 Growth Projections. Website:
https://www.fresnocog.org/project/demographic-data/. Accessed May 20, 2022. 6 United States Census Bureau. 2022. Quick Facts: Fresno city, California. Website:
https://www.census.gov/quickfacts/fact/table/fresnocitycalifornia,fresnocountycalifornia/PST045221. Accessed May 20, 2022.
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According to the U.S. Census Bureau, there were a total of 284,131 people employed in Fresno in 2020.7 The Fresno COG job projections indicate that employment will increase from 257,140 in 2019 to 299,960 in 2050.8
As of May 2022, the unemployment rate in the City was 5.2 percent.9 Given that the Plan Area has an estimated population of 2,171 persons, and that approximately 39.8 percent of the City’s residents are either over the age of 65 or below the age of 18, it can be estimated that there are approximately 1,371 people employed in the Plan Area.10
3.14.2 - Regulatory Setting
State
California Housing Element Law
The State Housing Element Law (Government Code Chapter 1143, Article 10.6, §§ 65580 and 65589) requires each city and county to adopt a general plan for future growth. This plan must include a housing element that identifies housing needs for all economic segments and provides opportunities for housing development to meet that need. The amount of housing that must be accounted for in a local housing element is determined through a process called the Regional Housing Needs Allocation (RHNA). In the RHNA process, the State gives each region a number representing the amount of housing needed, based on existing need and expected population growth.
At the State level, the California Department of Housing and Community Development (HCD) estimates the relative share of the State’s anticipated population growth that would occur in each county in the State, based on CDF population projections and historic growth trends. Where there is a regional COG, such as the Fresno COG, the HCD provides the regional housing need to the council.
The council then assigns a share of the regional housing need to each of its cities and counties. The process of assigning shares provides cities and counties the opportunity to comment on the proposed allocations. The HCD oversees the process to ensure that the COG distributes its share of the State’s projected housing need.
Each city and county must update its general plan housing element on a regular basis pursuant to the requirements of Government Code Section 65580, et seq. Among other things, the housing element must incorporate policies and identify potential sites that would accommodate a city’s share of the regional housing need. Before adopting an update to its housing element, a city or county must submit the draft to the HCD for review. The HCD will advise the local jurisdiction whether its housing element complies with the provisions of California Housing Element Law. The regional COGs are required to assign regional housing shares to the cities and counties within their
7 United States Census Bureau. 2022. Quick Facts: Fresno city, California. Website:
https://www.census.gov/quickfacts/fact/table/fresnocitycalifornia,fresnocountycalifornia/PST045221. Accessed May 20, 2022. 8 Fresno Council of Governments (Fresno COG). 2021. Fresno County 2050 Growth Projections. Website:
https://www.fresnocog.org/project/demographic-data/. Accessed May 20, 2022. 9 State of California Employment Development Department (EDD). Interactive Maps and Data Tools. Labor Force and Unemployment Interactive Map. Website: https://www.labormarketinfo.edd.ca.gov/data/interactive-labor-market-data-tools.html. Accessed June 29, 2022.
10 (2,171 persons - (0.398*2,171)*(1-0.052))
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Regional
Regional Housing Needs Allocation
State Housing Element Law, Government Code Chapter 1143, Article 10.6, Sections 65580 and 65589, requires development of an RHNA. The RHNA, which was adopted by the Fresno COG in November of 2022, defines local housing market areas. Each jurisdiction within a market area is then assigned, and is responsible for, a proportional share of the area’s non-market rate housing needs.
According to the Fresno County RHNA Plan, the City of Fresno falls into the Fresno-Clovis Metropolitan Area (FCMA) and receives an allocation of units based on the City’s share of the housing need within that boundary. The FCMA also includes the City of Clovis, the unincorporated communities of Easton and Friant, and several unincorporated neighborhoods such as Calwa, Fig Garden, Malaga, and Sunnyside.
The Fresno County RHNA Plan covers an 8-year planning period from 2023 to 2031. The Plan includes housing at four different income levels, including very low, low, moderate, and above- moderate. As determined by Fresno COG, the City of Fresno’s total housing unit capacity allocation is 36,866. This allocation translates into sites that could accommodate housing affordable to households that fall within the various income categories as follows:
• Extremely and Very Low Income: 9,440 dwelling units
• Low Income: 5,884 dwelling units
• Moderate Income: 5,638 dwelling units
• Above-Moderate: 15,904
Local
Fresno General Plan
The General Plan is the City’s primary policy planning document, providing the framework for management and utilization of the City’s physical, economic, and human resources. Adopted on December 18, 2014, the General Plan includes 10 separate elements, including a Housing Element chapter. Each Element of the General Plan contains goals, objectives, and implementing policies that guide development within the City. The City’s Policies related to population and housing in the City are listed below.
Economic Development and Fiscal Sustainability Element
Objective ED-1 Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses.
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Objective ED-3 Attract and recruit businesses and offer incentives for economic development.
Objective ED-4 Cultivate a skilled, educated, and well-trained workforce by increasing educational attainment and the relevant job skill levels in order to appeal to local and non-local businesses.
Urban Form Element
Objective UF-12 Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
Policy UF-1-a Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
Policy UF-1-d Range of Housing Types. Provide for diversity and variation of building types, densities, and scales of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the City.
Policy UF-1-e Unique Neighborhoods. Promote and protect unique neighborhoods and mixed- use areas throughout Fresno that respect and support various ethnic, cultural and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts.
Policy UF-1-f Complete Neighborhoods, Densities, and Development Standards. Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan.
Objective UF-13 Locate roughly one-half of future residential development in infill areas—defined as being within the City on December 31, 2012— including the Downtown core area and surrounding neighborhoods, mixed-use centers and transit-oriented development along major BRT [Bus Rapid Transit] corridors, and other non- corridor infill areas, and vacant land.
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Objective H-1 Provide adequate sites for housing development to accommodate a range of housing by type, size, location, price, and tenure.
Policy H-1-a Implement land use policies and standards that allow for a range of residential densities and products that will enable households of all types and income levels the opportunity to find suitable ownership or rental housing.
Policy H-1-b Encourage development of residential uses in strategic proximity to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.
Policy H-1-c Promote the development of affordable and special needs housing near transit and/or smart growth areas.
Policy H-5-g Create equitable and affordable housing options throughout the City that provide incentives to residents for finding housing in high opportunity areas and to developers for building affordable housing in high opportunity areas.
Objective H-2 Assist in the development of adequate housing to meet the needs of extremely low-, very low-, low-, and moderate-income households.
Policy H-2-a Facilitate housing development that is affordable to extremely low-, very low-, low-, and moderate-income households by providing technical assistance, regulatory incentives and concessions, and financial resources as funding permits.
Policy H-2-b Encourage both the private and public sectors to produce or assist in the production of housing, with particular emphasis on housing affordable to persons with disabilities, elderly, large families, female-headed households with children, and people experiencing homelessness.
Policy H-2-c Continue to utilize federal and State subsidies to the fullest extent to meet the needs of lower-income residents, including extremely low-income residents.
Policy H-2-d Support regional efforts to address homelessness, including the Fresno- Madera Continuum of Care.
Policy H-2-e Support and coordinate with agencies and service providers offering foreclosure services.
Policy H-2-f Promote and encourage sustainable development and green building practices for all new residential development and for the retrofitting of existing housing.
Objective H-3 Address, and where possible, remove any potential governmental constraints to housing production and affordability.
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Objective H-5 Continue to promote equal housing opportunity in the City’s housing market regardless of age, disability/medical condition, race, sex, marital status, ethnic background, source of income, and other factors.
Policy H-5-a Prohibit discrimination in the sale, rental, or financing of housing based on race, color, ancestry, religion, national origin, sex, sexual orientation, gender identity, age, disability/medical condition, familial status, marital status, source of income, or any other arbitrary factor.
Policy H-5-b Assist in the enforcement of fair housing laws by providing support to organizations that can receive and investigate fair housing allegations, monitor compliance with fair housing laws, and refer possible violations to enforcing agencies.
Policy H-5-c Provide equal access to housing for special needs residents such as people experiencing homelessness, elderly individuals, and persons with disabilities.
Policy H-5-d Promote the provisions of disabled-accessible units and housing for persons with mental and physical disabilities.
Policy H-5-e Ensure that all development applications are considered, reviewed, and approved without prejudice to the proposed residents, contingent on the development application’s compliance with all entitlement requirements.
Policy H-5-f Accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or development standards pursuant to procedures and criteria set forth in the Development Code.
Policy H-5-g Create equitable and affordable housing options throughout the City that provide incentives to residents for finding housing in high opportunity areas and to developers for building affordable housing in high opportunity areas.
Policy H-5-h Consult with a wide range of groups throughout the community and consider environmental justice issues in the development and update of regulations, guidelines and other local programs.
Policy H-5-I Increase or maintain resources to establish and support outreach, public education and community development activities through community- based and neighborhood organizations.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Population and Housing Recirculated Draft Program EIR
3.14-8 FirstCarbon Solutions
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The Fresno Southeast Development Area (SEDA) Specific Plan is framed within three significant and interrelated goals: fiscal responsibility, social equity, and environmental sustainability. The proposed Plan and policies that form its implementation framework are formulated and coordinated to meet the criteria of these overlapping goals. The proposed Specific Plan contains the following objectives and policies related to population and housing:
Community Farming and Agriculture
Objective CF-1 Conserve strategic farmland outside the Southeast Development Area most likely to sustain economically viable agriculture over the long term. While the efficient, compact development pattern of the SEDA Specific Plan reduces development pressure on surrounding agricultural land, it must be bolstered by policies that directly limit farmland conversion. These policies require inter-governmental coordination between the cities of Fresno, Sanger, Clovis, Fresno County, and other neighboring cities.
Policy CF-1.2 Future Growth Planning. Support planning efforts that channel new growth to areas already committed to urban uses inside the current SOIs of incorporated cities in Fresno County.
Cultural and Historic Resources
Objective CR-1 Preserve the region’s culturally significant landscapes outside the Southeast Development Area by reducing development pressure on those landscapes.
Policy CR-1.1 Future Growth. Channel new growth to areas already committed to urban uses. This includes areas currently inside the Fresno Sphere of Influence (SOI) and those designated as SOI expansion areas in the Fresno General Plan.
Housing Choice and Affordability
Objective HC-1 Mix housing types and designs throughout the Plan Area to respond to the needs of all household types. The Southeast Development Area Specific Plan accommodates a diverse range of household demographics and preferences with housing types that range from higher-density multifamily homes to medium-lot single-family homes.
Policy HC-1.1 Age in Place Housing. Plan for housing suitable for different stages of life, including smaller, more affordable units for first-time buyers, singles, young couples, families, and older homeowners, as well as opportunities for multi-generational housing, housing for seniors and long-term care/assisted living facilities.
Policy HC-1.2 Family Housing. Encourage the development of housing to larger households and households with children, particularly in areas served by high-capacity transit. The City of Fresno should set targets for the provision of two-plus bedroom homes for purchase and rent.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Population and Housing
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Policy HC-1.4 Accessible Housing. Construct housing with practical features that provide basic access and functionality for people of all ages and various mobility and ambulatory capabilities.
Policy HC-1.5 Housing Diversity. Encourage the inclusion of housing opportunities which provide for a range and diversity of housing types.
Objective HC-2 Build housing affordable to all Fresno residents using an array of regulatory, market- based, and other strategies.
Policy HC-2.1 Provision of Affordable Housing. Provide funding assistance, partnership support, and take other actions as necessary to support the construction of new affordable housing within the SEDA to meet RHNA-based targets as specified in the City of Fresno General Plan Housing Element.
The Housing Choice and Affordability Chapter details a comprehensive set of programs to provide an adequate supply of affordable housing. Programs entail actions by the Planning and Development Department, Fresno Housing (previously known as the Fresno Housing Authority), private and non-profit developers and others as applicable. Current programs include:
• Land use planning to provide for multifamily units, increased housing density, and mixed-use development.
• Actions to construct housing for specific groups, including farmworkers; special needs persons; homeless and recently homeless persons; very low-income large families; extremely low-, very low-, and low-income seniors; and other extremely low- and very low-income households.
• Strengthening partnerships with affordable housing developers. • Increasing opportunity through an equitable communities program, which calls for location of affordable housing in areas of high opportunity. • Preventing Displacement.
• Make incentives available to all new residential developments that target at least 25 percent of new units for families earning 80 percent of the area median income or below.
For more detailed information, please refer to the Fresno General Plan Housing Element.
Policy HC-2.2 Publicly Owned Land. Leverage publicly owned land to provide housing. • Land Acquisition: Consider early purchase of parcels within the SEDA near both community amenities and transit to minimize land acquisition cost.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Population and Housing Recirculated Draft Program EIR
3.14-10 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-14 Pop and Housing.docx • Excess Land: Consider developing publicly owned lands with 100 percent affordable housing if the public agency deems the land in excess of their needs. • Consider establishing a community land trust to create a pool of owned affordable housing in perpetuity.
Policy HC-2.3 Distribution of Housing. Promote affordable housing opportunities that are distributed throughout the Southeast Development Area to avoid concentration in any one area.
Policy HC-2.4 Economic Incentives. Develop economic incentives to encourage private sector developers and residential developments to construct accessible units in excess of the minimums. The State of California Building Code does not require that single- family homes and developments be accessible. This creates a barrier of choice and options for people with disabilities who wish to purchase homes. The plan calls for this expectation locally as is described in the General Plan. Economic incentives could include density bonuses, parking requirement reductions, and streamlined permitting.
Make incentives available to all new residential developments that target at least 25 percent of new units as accessible.
Policy HC-2.5 Secure Affordability. Maintain long-term affordability by using covenants and deeds, equity sharing, and other mechanisms.
Objective HC-3 Link housing and transportation together to limit family expenditures on both housing and transportation. The multimodal transportation network connects housing and jobs within the Southeast Development Area and to other major regional centers, facilitating internal travel by non-automobile means. The Urban Form Chapter addresses the location, distribution, and standards for transportation infrastructure investment, combining transportation options with land use development to ultimately lower travel costs for SEDA residents and employees.
Policy HC-3.1 Coordinated Land Use and Transportation Planning. Support regional and citywide planning efforts, such as the Regional Transportation Plan and Sustainable Communities Strategy, the Fresno General Plan, and the City’s updated Greenhouse Gas Reduction Plan that encourage the development of housing near new and existing public transportation investments.
Policy HC-3.2 Travel. Encourage accessible, mixed-use development that incorporates housing and jobs, while lowering daily vehicle miles traveled.
Policy HC-3.3 Smart Land Uses. Build smaller-lot single-family and multifamily housing types which use less energy and water than larger units.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Population and Housing
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Objective UF-1 Create complete neighborhoods in the Southeast Development Area that integrate housing, business and retail amenities. Implement a Southeast Development Area plan that balances and mixes housing, jobs, commercial businesses, services, and public facilities to help meet existing thresholds for lower vehicle miles traveled, reduced air pollution, and the efficient use of groundwater resources in compliance with the Sustainable Groundwater Management Act of 2014.
Policy UF-1.2 Jobs-Housing Balance. Maintain a target jobs-housing balance of at least one job to
1.25 housing units within the Plan Area.
Policy UF-1.3 Employment Centers. Promote employment-generating development within the Plan Area to expand Fresno’s employment base beyond traditional industries (as specified in the policies of Economic Opportunity Chapter, Objective EO-2).
Policy UF-1.4 Housing Choices. Encourage housing choices affordable to a range of Fresno residents by implementing the housing policies of the Housing Choice and Affordability Element.
Objective UF-2 Provide a mix of Regional, Community, and Neighborhood Town Centers where individuals can live, work and play.
Policy UF-2.3 Design & Development Principles. The following principles are provided to guide the creation of public and private spaces within the Plan Area. More specific guidelines and regulations regarding many of these elements are found in the SEDA Development Code update section of this Chapter.
• Pattern of streets, blocks, and buildings. The centers will be designed with pedestrian oriented streets, blocks, buildings, and public spaces based on the block connectivity and size standards specified in the SEDA Development Code update, including a transportation network which will be based on a high-density grid system. Public spaces and civic buildings shall be arranged along streets in order to create a network of civic spaces of varying size and function. • Building character and orientation. The character, massing, and orientation of buildings will contribute to a cohesive urban fabric that reinforces public spaces, creates a sense of intimacy, and visually distinguishes the center from surrounding districts.
As shown in Figure 2.1 regarding building orientation, the front edges of buildings shall meet or approach front and side property lines according to the requirements of the SEDA Development Code update. Visual diversity will be created through variations in setback, massing, and architectural details. In addition, solar exposure and orientation shall be considered in the layout and design of all streets, blocks, and buildings to maximize energy and resource efficiency.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Population and Housing Recirculated Draft Program EIR
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• Location and orientation of large-format retail activity. Large-format retail establishments (i.e., “big box” retail) may be located in the Regional Town Center but are discouraged in Community or Neighborhood Town Centers in order to preserve the local neighborhood character of those areas. The urban design and parking standards of large-format retail stores will be consistent with the standards and policies of these districts. Large-format retail establishments served by surface parking will be located at the edges of the Regional Town Center, preferably adjacent to major regional roadways or highways. • Character, location, and orientation of public spaces. Public gathering places that provide visual relief and passive recreation should be located in the Mixed-Use Districts and should be surrounded by civic buildings and any commercial or mixed-use buildings located in the town center.
• Location and orientation of civic buildings. Major civic buildings (e.g., libraries, schools, and government offices) will serve as focal points of public spaces within centers. Providing attention to distinctive building details, entry features and varying setbacks will allow civic buildings to stand out from other structures in the center. Wherever possible, civic buildings will be located in proximity to and open onto public spaces.
3.14.3 - Thresholds of Significance
The Lead Agency utilizes the criteria in the California Environmental Quality Act (CEQA) Guidelines Appendix G Environmental Checklist as thresholds to determine whether impacts to population and housing are significant environmental effects.
Appendix G to the CEQA Guidelines is a sample Initial Study Checklist that includes questions for determining whether impacts to resources are significant. These questions reflect the input of planning and environmental professionals at the Governor’s Office of Planning and Research and the California Natural Resources Agency, based on input from stakeholder groups and experts in various other governmental agencies, nonprofits, and leading environmental consulting firms. Accordingly, the City has derived its significance criteria, based in part on the questions posed in Appendix G.
These significance criteria are as follows:
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Population and Housing
FirstCarbon Solutions 3.14-13
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-14 Pop and Housing.docx The proposed project would be considered significant if the project would:
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)?
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
3.14.4 - Project Impacts and Mitigation Measures
This section discusses potential impacts associated with the proposed project and provides mitigation measures where necessary.
Population Growth
Impact POP-1: The proposed project would not 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).
Impact Analysis
As discussed in Chapter 2, Project Description, buildout of the proposed project could generate up to approximately 45,000 homes and 37,000 jobs as well as 1,820 acres of employment-generating land uses such as office, research and development, and institutional uses by the year 2050. Based on the average household size in the City of 2.99 persons per household, this anticipated future development could accommodate up to 134,550 residents. The population potential for the Plan Area is within the population growth anticipated by the General Plan, which anticipates growth of up to 226,000 additional residents by 2035, consistent with the proposed project. Accordingly, implementation of the proposed project would not exceed the City’s anticipated population growth.
According to the General Plan, the City projects that the total additional residential development capacity by the General Plan’s horizon in 2035 would be approximately 76,000 additional dwelling units and by the General Plan’s buildout in 2050 would be approximately 145,000 additional dwelling units between both the infill and growth areas.11 These values constitute the planned growth anticipated by the City for residential units within its SOI. According to General Plan Tables 1-3 (Residential Development Capacity at General Plan Horizon) and 1-4 (Residential Development Capacity at General Plan Buildout, the proposed project would generate up to 14,900 dwelling units at General Plan Horizon and an additional 25,000 at buildout occurring sometime after 2050, for a total of 45,000 new dwelling units, comprising approximately 31 percent of the total planned capacity for the City. Buildout of the proposed project is considered planned growth and would provide housing to meet the demand for new residential units.
New jobs in the Plan Area would be created by development of commercial, office, and other employment-generating uses. Growth under the proposed project would occur incrementally over a
11 City of Fresno. 2014. General Plan, Table 1-2, Residential Development Capacity Under Horizon and Buildout, and Table 1-3, Residential Development Capacity Under General Plan Horizon. Website: https://cityoffresno.wpenginepowered.com/darm/wp- content/uploads/sites/10/2022/12/upload_temp_Consolidated-GP-10-13-2022.pdf. Accessed January 20, 2023.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Population and Housing Recirculated Draft Program EIR
3.14-14 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-14 Pop and Housing.docx period of approximately 25 years and would be guided by a policy framework in the proposed project that is generally consistent with many of the principal goals and objectives established in the General Plan and 2023-2031 Housing Element. The proposed project is consistent with Economic Opportunity Objectives ED-1, -2, -3 and -4 that seek to promote employment growth. As the goals and vision of the proposed project are to facilitate new housing and jobs, implementation of the proposed project would support citywide planning efforts. Therefore, this additional growth would be consistent with the citywide planning objectives and would not be considered unplanned growth.
Furthermore, as shown in Table 3.14-1 below, the proposed project would promote a balance of jobs and housing in the Plan Area, consistent with the General Plan. As a result, impacts to population growth associated with potential future development under the proposed project would be less than significant.
Table 3.14-1: Projected (2050) Jobs to Housing Ratio for the Planning Area Housing Units at Buildout Jobs at Buildout Job to Housing Ratio 45,000 37,000 1.22
Source: Fresno Council of Governments (Fresno COG). 2021. Fresno County 2050 Growth Projections. Website:
https://www.fresnocog.org/project/demographic-data/. Accessed May 20, 2022.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
Housing Displacement/Replacement Housing
Impact POP-2: The proposed project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.
Impact Analysis
The proposed project would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. As described in Chapter 2, Project Description, of this Recirculated Draft PEIR, the proposed project would accommodate up to 45,000 dwelling units of varying types, sizes, densities, and affordability levels at full buildout. Since implementation of the proposed project would result in a net increase in housing, it would not require replacement housing outside of the Plan Area.
Currently, there are 700 residential parcels within the Plan Area, which accommodate 713 single- family homes and 13 mobile homes. No housing is proposed to be demolished under the proposed project, and buildout of the proposed project would not require the demolition of existing housing units to produce new units. Development under the proposed project would be required to comply with the General Plan’s Housing Choice and Affordability Chapter, which promotes equal housing opportunity in the City’s housing market, as well as the proposed project’s Housing Element, which City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Population and Housing
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Furthermore, as the City receives development applications for subsequent development under the proposed project, those applications will be reviewed by the City for compliance with the policies and objectives of the General Plan and the proposed SEDA Specific Plan to ensure the displacement of housing or significant need for new housing does not occur.
As such, the proposed project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere, and impacts would be less than significant.
Level of Significance Before Mitigation
Less than significant impact.
Mitigation Measures
None required.
3.14.5 - Cumulative Impacts
The geographic context for analysis of cumulative impacts related to population, housing, and employment includes the Plan Area, the City boundary and SOI, in combination with impacts from projected growth in the rest of Fresno County and the surrounding region. Impacts from cumulative growth are considered in the context of their consistency with regional planning policies. This analysis evaluates whether impacts of the proposed project, together with impacts of cumulative development, could result in a cumulatively significant impact to public services. This analysis then considers whether the incremental contribution of impacts associated with implementation of the proposed project would be significant. Both conditions must apply for a project’s cumulative effects to rise to the level of significance.
The general plans and other planning documents prepared by the jurisdictions within Fresno County would be required to develop land use plans that comply with State law and that would accommodate the existing and forecasted population, similar to the long-range planning guidance included in the proposed project. Consistent with State law, these planning documents would be required to provide adequate housing to accommodate forecasted numbers of people within the jurisdiction, and displaced development, if any, would be replaced primarily within the jurisdiction.
Further, new development would be required to address potential environmental impacts as part of individual project review. As such, cumulative development would not induce substantial unplanned population growth, either directly or indirectly. Because cumulative projects would comply with all applicable land use plans to provide adequate development within a jurisdiction, cumulative impacts would be less than significant.
Moreover, the proposed project would not have a cumulatively considerable contribution to the less than significant cumulative impact. As described above, the proposed project would not induce a substantial amount of growth that has not been adequately planned for or require the construction City of Fresno—Fresno Southeast Development Area Specific Plan Project Population and Housing Recirculated Draft Program EIR
3.14-16 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-14 Pop and Housing.docx of replacement housing elsewhere. As the projected population growth resulting from the proposed project is within projected growth estimates of the City’s General Plan, the proposed project’s contribution to this less than significant cumulative impact would not be cumulatively considerable.
The proposed project would not result in any policies or physical improvements that would result in direct or indirect unplanned regional growth or result in substantial displacement of people or the need to construct additional housing and therefore would not contribute to a cumulative impact.
Therefore, the proposed project would not have a cumulatively considerable cumulative impact.
Cumulative impacts would be less than significant.
Level of Cumulative Significance Before Mitigation
Less than significant impact.
Cumulative Mitigation Measures
None required.
City of Fresno—Fresno Southeast Development Area Specific Plan Project Recirculated Draft Program EIR Public Services
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3.15 - Public Services
3.15.1 - Introduction
This section describes the existing conditions related to public services in the City of Fresno (City) and Plan Area, as well as the relevant regulatory framework. This section also evaluates the possible impacts related to public services that could result from project implementation of the proposed project. Descriptions and analysis in this section are based, in part, on information provided by the Fresno General Plan (General Plan), the Fresno Fire Department (FFD) website, City of Fresno Fire Department Standard Operating Procedures Manual, City of Fresno Municipal Code (Municipal Code), Fresno County Sheriff’s Office website, California Department of Education website, and Fresno County Library website.
As further described in Chapter 1, Introduction, seven public comments were received during the Draft Program Environmental Impact Report (Draft PEIR) scoping period related to public services:
• Requests that the Draft PEIR analyze whether the number of schools shown is appropriate to adequately serve the Southeast Development Area (SEDA) buildout population. • States that a new high school (Sanger West) and middle schools serving 7-8 grades would serve SEDA population.
• Recommends that at least one additional high school and one additional middle school would be needed to serve the buildout of SEDA.
• States that any future school site locations designated as part of the Specific Plan should be considered conceptual rather than locked into parcel location. • Requests that the Draft PEIR accurately captures and analyzes baseline conditions and potentially significant project-specific and cumulative impacts within and adjacent to the Plan Area.
• Requests that the Draft PEIR identifies and adopts all feasible and enforceable mitigation measures that avoid and reduce negative impact.
• Requests that the Draft PEIR analyzes and creates mitigation measures consistent with all applicable laws, including State and federal fair housing, civil rights, and climate laws such as Senate Bill (SB) 743.
3.15.2 - Environmental Setting
Fire Protection and Emergency Medical Services
Fresno Fire Department
The Fresno Fire Department (FFD), headquartered at 911 H Street, provides fire prevention and suppression, emergency medical care, hazardous materials, urban search and rescue, water rescue, emergency preparedness planning, hydrant flow maintenance, and public education coordination City of Fresno—Fresno Southeast Development Area Specific Plan Project Public Services Recirculated Draft Program EIR
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The FFD operates a total of 21 fire stations, including the Airport Rescue Fire Fighting (ARFF) station located at the Fresno Yosemite International Airport. The Department also provides responses to hazardous material, water rescue, and urban search and rescue incidents through specialized teams.
Currently, there are no existing fire stations within the Plan Area. According to the Fresno Municipal Code (Municipal Code), Section 12-4.508-E requires that new residential developments with four or fewer units per building must be within a 5-mile “running distance” of a fire station. The Municipal Code defines running distance as the actual distance that must be traveled on public streets or right- of-way from a fire station to reach the scene of a fire incident. All other developments, including residential developments with more than four units per building, must be located within 3 miles of an existing fire station.3 As shown in Table 3.15-1 Fresno Fire Stations, Station 15 is the closest to the Plan Area, located roughly 1.92 miles to the west at 6530 East Park Circle Drive. Stations 1, 4, 7, 8, and 10 are located within 5 miles of the Plan Area.
4 The table below shows all fire stations in the City
and their distance from the boundary of the Plan Area.
Table 3.15-1: Fresno Fire Stations
Station Number1 Address
Distance to Plan Area Boundary
(miles)
1* 1264 North Jackson Avenue, Fresno, CA 4.62
2 7114 North West Avenue, Fresno, CA 10.30
3 1406 Fresno Street, Fresno, CA 5.18
4* 3065 East Iowa Avenue, Fresno, CA 6.04
5 3131 North Fresno Street, Fresno, CA 7.04
6 4343 East Gettysburg Avenue, Fresno, CA 5.49
7* 2571 South Cherry Avenue, Fresno, CA 4.01
8* 1428 South Cedar Avenue, Fresno, CA 5.05
9 2340 North Vagedes Avenue, Fresno, CA 8.95
10* 5545 East Aircorp Way, Fresno, CA 2.33
11 5544 North Fresno Street, Fresno, CA 7.30
1 City of Fresno Fire Department. Website: https://www.fresno.gov/fire/fire-supression/. Accessed June 7, 2022. 2 City of Fresno Fire Department. 2019. Standard Operating Procedures Manual, Section 210.001 Automatic Aid Agreements.
Website: https://documents.fresno.gov/WebLink/DocView.aspx?id=4602904&dbid=0&repo=LF-Repository&cr=1. Accessed June 17, 2022.
3 City of Fresno. 2023. City of Fresno Municipal Code, Section 12-4.508-E. Website:
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH12IMFEHIREOTMITO_ART4.5URGRMA_S 12-4.508UGFIST. Accessed March 22, 2023.
4 City of Fresno Fire Department. 2022. Station Locations web page. Website: http://www.fresno.gov/fire/station-locations/.
Accessed June 8, 2022.
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Distance to Plan Area Boundary
(miles)
12 2874 West Acacia Avenue, Fresno, CA 10.56
13 815 East Nees Avenue, Fresno, CA 7.75
14 6239 North Polk Avenue, Fresno, CA 13.31
15* 5630 East Park Circle Drive, Fresno, CA 1.92
16 2510 North Polk Avenue, Fresno, CA 12.48
17 10512 North Maple Avenue, Fresno, CA 8.64
18 5938 North La Ventana Avenue, Fresno, CA 14.57
19 3187 West Belmont Avenue, Fresno, CA 10.28
20 4537 North Wishon Avenue, Fresno, CA 8.26
ARFF2* 5065 East Andersen Avenue, Fresno, CA 3.24
Notes:
1 An asterick indicates that the fire station is within in 5 miles of the Plan Area boundary. 2 ARFF indicates the Airport Rescue Fire Fighting station Source: Fresno Fire Department (FFD) 2022.
Equipment and Staffing
FFD employs approximately 401 personnel including 347 uniformed firefighter members, 25 sworn non-safety staff, and 29 civilian members. As of July 2022, the Fire Department is staffed with 95 members on duty daily within the City and FGFPD, and the City aims to bring this number to 103 on duty firefighters each day.5 National Fire Protection Association (NFPA) 1710 standards identify minimum company staffing as four firefighters on duty per engine company, and four firefighters on duty per truck company.6 Department resources include 19 engine companies, five truck companies, and two aircraft rescue firefighting units. Additional resources including two water rescue vehicles, one HazMat unit, and one Heavy Urban Search and Rescue (USAR) unit are cross staffed at three stations. Department staff and resources are divided across four battalions, each managed by a Battalion Chief. As of 2022, Fresno employed 0.62 firefighters per 1,000 residents, lower than the Statewide average of 0.82 firefighters per 1,000 residents. 7 Average Response Times
FFD has identified a target response time that is in line with the NFPA 1710 standards. NFPA standards dictate the first firefighting company should arrive within 4 minutes, while an effective firefighting force (EFF) or a commercial EFF should arrive within 8 minutes 90 percent of the time. An EFF for a residential fire consists of 15 firefighters and a commercial EFF consists of 21 firefighters on
5 City of Fresno. 2021. Adopted Fiscal Year 2022 Budget. Website: https://www.fresno.gov/finance/wp- content/uploads/sites/11/2021/10/FY2022AdoptedBudgetLINKS.pdf. Accessed June 15, 2022. 6 International Association of Fire Fighters (NFPA). NFPA Standard 1710 Organization and Deployment of Fire Suppression Operations, EMS and Special Operations in Career Fire Departments. Website: https://www.iaff.org/wp- content/uploads/Departments/Fire_EMS_Department/30541_Summary_Sheet_NFPA_1710_standards.pdf. Accessed June 17, 2022.
7 Fresno Fire Department (FFD). 2022. Fresno Fire Department 2022 Annual Report. Website: https://www.fresno.gov/fire/wp- content/uploads/sites/6/2023/01/2022-Annual-Report.pdf. Accessed March 22, 2023. 777 n 11 I I
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City of Fresno—Fresno Southeast Development Area Specific Plan Project Public Services Recirculated Draft Program EIR
3.15-4 FirstCarbon Solutions
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN -JN)/3168/31680037/EIR/1 - Recirculated Draft PEIR/31680037 Sec03-15 Public Services.docx scene. According to the FFD 2021 Annual Report the Department met the 4-minute response time 72 percent of the time, while an EFF was assembled within 8 minutes 87 percent of the time, and commercial EFF 88 percent of the time, falling short of target response times.8 Impact Fees
Development within the City creates demands on exisiting municipal facilities, improvements, and services. Thus, various development fees and charges are imposed on new development in order to mitigate such demands. Payment of those fees and charges is required at various stages of the development process. The Public Facilities Financing Plan describes potential funding mechanisms for infrastructure needed to support the proposed project. Payment of applicable development fees or other funding mechansims would offset the construction and acquisition costs of required fire protection and emergency medical facility improvements or additional personnel required to meet acceptable service levels. The funding mechanisms ultimately adopted by the City Council would also support fire and emergency medical services by ensuring that roadways meet City standards and support FFD vehicles.
Police Protection
City of Fresno Police Department
The Fresno Police Department (FPD), headquartered at 2323 Mariposa Street, provides police services including uniformed patrol response to emergency and non-emergency calls, crime prevention, pro-active tactical crime enforcement, and investigation of crimes. The FPD operates four divisions: the Patrol Division, the Investigation Division, the Support Division, and the Administration Division. The FPD operates out of five policing districts: the Southwest Policing District, the Central Policing District, the Southeast Policing District, the Northeast Policing District, and the Northwest policing district. The Plan Area lies partially within the Southeast Policing District which is located to the east of North 1st Street and South Railroad Avenue, and to the south of Ashlan Avenue and East Clinton Avenue to the southern city limits. The Southwest Policing District is located South of East McKinley Avenue and west of South 1st Street and South Railroad Avenue; the Central Police Dsitrict is located between North 1st Street to the east, the Union Pacific railway tracks to the west, East Ashland Avenue to the north, and East Belmont Avenue to the south; the Northeast Policing District is located between North Blackstone Avenue to the west and North Willow Avenue to the east, and is bounded by East McKinley Avenue to the South and the San Joaquin River to the north; and the Northwest Policing District is located to the west of North Blackstone Avenue, and bounded by the San Joaquin River to the north, East Ashlan Avenue and West McKinley Avnue to the south, and extends to the western city limits.9
Other Law Enforcement Agencies
The Fresno County Sheriff’s Office (Sheriff’s Office) provides law enforcement and crime prevention services to the unicorporated areas of metropolitan Fresno County. This includes rural outlying areas to the east, south, and west of the City. The Sheriff’s Office service area is divided into four Patrol Areas, with Patrol Area 2 serving the communities of Calwa, Malaga, Mayfair, Sunnyside, Fig Garden,