Fresno City Council
May 7, 2026

Clean Water Act Section 401
CWA Section 401 requires that water quality be evaluated when a proposed activity needing a federal license or permit can result in a discharge to waters of the United States. In California, the SWRCB and its nine RWQCBs issue water quality certifications. Each RWQCB is responsible for implementing Section 401, in compliance with the CWA and its water quality control plan (also known as a basin plan).

Applicants for a federal license or those wanting to conduct activities that may result in the discharge to waters of the United States (including wetlands) also must obtain a Section 401 water quality certification, so that any such discharge complies with the applicable provisions of the CWA. Compliance with Section 401 is required for all projects that have a federal component and may affect State water quality.

Clean Water Act Section 402
CWA Section 402 regulates point-source discharges to surface waters (other than dredged or fill material) through the NPDES Permit program, administered by EPA. The program provides for both general permits (those that cover several similar or related activities) and individual permits for discharges to waters of the United States. This regulation is implemented at the State level and is described further below.

Clean Water Act Section 404
CWA Section 404 regulates the discharge of dredged and fill materials into waters of the United States, which include all navigable waters, their tributaries, and some isolated waters, as well as some wetlands adjacent to the aforementioned waters (33 CFR 328.3).

Areas typically not considered to be jurisdictional waters include nontidal drainage and irrigation ditches excavated on dry land, artificially irrigated areas, artificial lakes or ponds used for irrigation or stock watering, small artificial water bodies such as swimming pools, and water-filled depressions (33 CFR 328). Areas meeting the regulatory definition of waters of the United States are subject to the jurisdiction of USACE under provisions of CWA Section 404. Construction activities involving placement of fill into jurisdictional waters of the United States are regulated by USACE through permit requirements. No USACE permit is effective in the absence of State water quality certification, pursuant to CWA Section 401.

National Pollutant Discharge Elimination System Permit Program The NPDES permit program was established under the CWA to regulate municipal and industrial discharges to surface waters of the United States. In California, EPA delegates much of the implementation of the CWA to the SWRCB. Although the SWRCB has issued a few NPDES permits, the vast majority of NPDES permits are issued by the nine RWQCBs. The discharge of wastewater to surface waters is prohibited unless an NPDES permit issued by the applicable RWQCB allows that discharge.

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NPDES permit regulations have been established for broad categories of discharges, including point- source municipal waste discharges and nonpoint-source stormwater runoff. An NPDES permit generally identifies limits applicable to effluent (post-treated flows) and receiving waters that restrict the allowable concentrations and/or mass emissions of pollutants contained in the discharge; prohibitions on discharges not specifically allowed under the permit; and provisions that describe required actions by the discharger, including industrial pretreatment, pollution prevention, self-monitoring, and other activities.

Typically, an NPDES permit is issued for a 5-year term.

Federal Emergency Management Agency
FEMA administers the National Flood Insurance Program to provide subsidized flood insurance to communities that comply with FEMA regulations, limiting development in floodplains. Under this program, if a community adopts and enforces a floodplain management ordinance to reduce future flood risks to new construction in Special Flood Hazard Areas, flood insurance is made available in the community.

Floodplain management ordinances are designed to prevent new development from increasing the flood threat, and to protect new and existing buildings from anticipated flooding. FEMA also issues flood insurance rate maps that identify land areas subject to flooding. These maps provide flood information and identify flood hazard zones in communities. The design standard for flood protection is established by FEMA; the minimum level of flood protection for new development is the 1-in-100 annual exceedance probability event (i.e., the 100-year flood event).

Executive Order 11988: Floodplain Management
EO 11988 (Floodplain Management), issued in 1977, addresses floodplain issues related to public safety, conservation, and economics. This EO generally requires federal agencies that are constructing, permitting, or funding a project in a floodplain to:
• avoid incompatible floodplain development,
• be consistent with the standards and criteria of the National Flood Insurance Program, and • restore and preserve natural and beneficial floodplain values.

San Joaquin River Restoration Settlement Act
The Settlement Act of 2009 was passed by Congress to authorize implementation of the 2006 Settlement Agreement of Natural Resources Defense Council et al. v. Kirk Rodgers et al. The settlement and foundation of the SJRRP are based on two goals:
• Restoration: To restore and maintain fish populations in “good condition” in the main stem of the San Joaquin River below Friant Dam to the confluence of the Merced River, including naturally reproducing and self-sustaining populations of salmon and other fish. I San Joaquin River Conservancy
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• Water Management: To reduce or avoid adverse water supply impacts on all of the Friant Division long-term contractors that may result from the Interim Flows and Restoration Flows provided in the Settlement.

The Settlement Act specifies modifications in Friant Dam operations, to restore flows to the River to meet the Restoration Goal. Interim Flows in the river began in 2009. On February 1, 2014, flows released from Friant Dam were decreased to 360 cfs because of a critical low-water year, beginning on March 1, 2014.

Reductions of 50 cfs were applied daily until the flows reached 200 cfs, and then incrementally were adjusted until all restoration flows stopped.

3.10.3.2 State Laws, Regulations, and Policies
Porter-Cologne Water Quality Control Act
The Porter-Cologne Act was enacted in 1969. Together with the federal CWA, this law provides regulatory guidance to protect water quality and water resources. The Porter-Cologne Act established the SWRCB and divided California into nine regions, each overseen by an RWQCB. The Porter-Cologne Act established regulatory authority over waters of the State, which are defined as “any surface water or groundwater, including saline waters, within the boundaries of the State” (Water Code Section 13050).

More specifically, the SWRCB and its nine RWQCBs have jurisdiction over any surface or groundwater to which a beneficial use may be assigned. The Porter-Cologne Act also assigned responsibility for implementing CWA Sections 303(d), 401, and 402 to the SWRCB and RWQCBs.

The Porter-Cologne Act requires development and periodic review of basin plans for the protection of water quality in each of California’s nine regions. The Porter-Cologne Act requires each RWQCB to formulate and adopt a basin plan for all areas in the region (Water Code Section 13240). A basin plan is unique to each region and must identify beneficial uses, establish water quality objectives for the reasonable protection of the beneficial uses, and establish a program of implementation for achieving the water quality objectives. The project area is in the San Joaquin River Basin, under the jurisdiction of the Central Valley RWQCB.

NPDES Permit
The SWRCB and Central Valley RWQCB have adopted specific NPDES permits and/or waste discharge requirements (WDRs) for a variety of activities that may discharge wastes to waters of the State or to land. Dischargers must eliminate or reduce nonstormwater discharges to storm sewer systems and other waters.

The SWRCB has adopted a statewide NPDES general permit for discharges associated with construction activities that disturb 1 acre or more (Construction General Permit; SWRCB Order 2009-0009-DWQ, as I
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amended by 2010-0014-DWQ). Construction activities such as clearing, grading, stockpiling, and excavation are subject to the statewide NPDES permit for general construction activity. The NPDES regulations also require implementation of appropriate hazardous-materials management practices, to reduce the possibility of chemical spills or release of contaminants, including any nonstormwater discharge to drainage channels.

An NPDES permit requires filing a notice of intent with the RWQCB to discharge stormwater, and preparing and implementing a SWPPP to control contaminated runoff from temporary construction activities. Erosion and sediment BMPs must be designed and operated to reduce the level of contaminant runoff during construction. The permit also requires dischargers to consider using permanent postconstruction BMPs that remain in service to protect water quality throughout the life of the project.

Types of BMPs include source controls, treatment controls, and site planning measures. All NPDES permits also have inspection, monitoring, and reporting requirements.

Central Valley Flood Protection Board
In accordance with CCR Title 23, Division 1, the CVFPB (previously known as the State Reclamation Board) enforces appropriate standards to construct, maintain, and protect flood control facilities in the Central Valley. The board must review and approve any activity that may affect “project works” or physically change the “designated floodway,” so that the activity would maintain the integrity and safety of flood control project levees and floodways and would be consistent with the flood control plans adopted by the board and the California Legislature. An encroachment permit from the CVFPB is required for any project or work plan that would occur within federal flood control project levees and within a board easement, may affect flood control functions of project levees, or would occur within a board-designated floodway or within any of the regulated Central Valley streams listed in Table 8.1 of CCR Title 23. A portion of the study area is located within a designated floodway of the River, as defined by the CVFPB.

Water Quality Control Plan for the Sacramento–San Joaquin River Basins State and federal laws mandate the protection of designated beneficial uses of water bodies. State law defines beneficial uses as “domestic; municipal; agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves” (Water Code Section 13050[f]).

The Central Valley RWQCB, under the authority of the Porter-Cologne Act and in accordance with the CWA, is responsible for authorizing activities that may discharge wastes to surface water or groundwater resources. The Basin Plan, adopted by the Central Valley RWQCB in 1998 and updated in 2011 (Central Valley RWQCB 2011), identifies the beneficial uses of water bodies and provides water quality objectives and standards for waters of the Sacramento River and San Joaquin River basins.

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The Basin Plan identifies specific narrative and numeric water quality objectives for physical properties such as temperature, turbidity, and suspended solids; biological constituents such as coliform bacteria; and chemical constituents of concern such as inorganic parameters, trace metals, and organic compounds. Water quality objectives for toxic priority pollutants (select trace metals and synthetic organic compounds) are also identified in the Basin Plan.

Lake and Streambed Alteration Agreements
CDFW is the responsible agency for issuing lake and streambed alteration permits for projects, as appropriate, pursuant to Section 1602 of the California Fish and Game Code. CDFW works in coordination with federal and State agencies to mitigate the impacts of projects on fish and wildlife resources, and is responsible for enforcing the CESA. CDFW often helps establish instream flows (minimum releases below a dam or diversion structure) to maintain habitat. Such release schedules may be included in water rights permits and can affect the yield of a water project.

Section 1602 of the California Fish and Game Code requires any person, government agency, or public utility proposing an activity that would divert or obstruct the natural flow or change the bed, channel, or bank of any river, stream, or lake, or proposing to use material from a streambed, to first notify CDFW of such proposed activity. This notification requirement generally applies to work undertaken within the bed and/or banks of a stream, wash, or lake. Usually these features support fish, wildlife, and riparian vegetation, or did in the past. On notification, CDFW may require the project sponsor to enter a streambed alteration agreement that delineates the measures required to protect fish and wildlife.

State Regulations to Regulate Dredged or Fill Discharge Requirements for Wetlands Outside Federal Jurisdiction
On May 4, 2004, the SWRCB adopted State Water Board Order No. 2004-0004-DWQ, “Statewide General Waste Discharge Requirements for Dredged or Fill Discharges to Waters Deemed by USACE to be Outside Federal Jurisdiction” (General WDRs). The General WDRs are intended to cover small-scale projects (those with small acreage or linear feet or involving a small volume of dredged material) with few or no permanent impacts for which USACE “disclaims” federal jurisdiction.

General WDRs for Dredged or Fill Discharges, State Water Board Order No. 2003-0017-DWQ, are for projects that have received State water quality certification. These General WDRs are restricted to dredged or fill discharges of not more than 0.2 acre and 400 linear feet for fill and excavation discharges, and of not more than 50 cubic yards for dredging discharges. For larger projects, the RWQCBs issue Individual WDRs. Certifications and issuances of WDRs are overlapping regulatory processes that are administered by both the SWRCB and RWQCBs.

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Dam inundation mapping procedures (19 CCR Section 2575) are required by OES for all dams where human life may be endangered by dam-related flooding. Dam owners must obtain recent hydrologic, meteorological, and topological data as well as land surveys denoting the floodplain, to be used for preparation of a dam inundation map.

Canal and levee inundation mapping procedures (19 CCR Section 2585) are similar to dam inundation mapping procedures and are required by OES for all canals and levees where human life may be endangered by canal or levee flooding inundation. Canal and levee owners must obtain recent hydrologic, meteorological, and topological data as well as land surveys denoting the floodplain, to be used for preparation of a canal or levee inundation map.

San Joaquin River Parkway Master Plan
The Conservancy develops and manages its projects and lands under its jurisdiction in the Parkway through policies in the Parkway Master Plan. The Parkway Master Plan (Appendix B) contains goals, objectives, and policies that apply to the project area in relation to hydrology and water resources, summarized in Table 3.10-2. These goals, objectives, and policies do not necessarily avoid impacts but may lessen them.

Table 3.10-2 Summary of San Joaquin River Parkway Master Plan Goals, Objectives, and Policies Relating to Hydrology and Water Resources in the Project Area Natural Resources
Objectives
NRO1: Protect the river as aquatic habitat and a water source. Enhance and protect fisheries in the river and lakes [ponds] in the Parkway.

Policies
NP6: Obtain updated floodplain maps... to guide siting of Parkway facilities. Do not construct Parkway facilities that would sustain anything more than slight damage from inundation in any area where there is a potential flood risk. Engineer service roads, trails, and bridges to avoid/minimize significant flood damage.

FP1: The Parkway plan explicitly recognizes that use of the river and floodway to transport floodwater is a beneficial use which must be protected.

FP2: The Parkway will be managed to maintain the combined existing flow capacity in the river channel and the designated floodway.

FP3: The Parkway will be designed and managed to maintain the river stage required to pass any given design flood flow. The Parkway shall not cause an increase in areas subject to flooding nor cause an increase in the designated floodway unless the resulting loss in private land is first compensated.

FP4: The Parkway will be managed to allow for the restoration by other parties of channel and floodwater flow capacity to the stage/flow relationship that existed at the time Friant Dam was completed.

FP5: Parkway lands will be managed to control and reduce erosion in the floodway.

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RFP3: BMPs as identified by the responsible jurisdiction through an adopted ordinance or standard, shall be implemented to minimize potential effects from grading and construction-related erosion. The BMPs shall include site-specific erosion and sedimentation control plans to be prepared for each site to be developed prior to construction.

RFP4: A spill prevention and cleanup policy shall be prepared. Staging areas for heavy equipment and construction materials shall be established so that inadvertent spills of oil, grease, asphalt, other petroleum by-products, or other hazardous materials shall not be discharged into the stream course. All machinery shall be properly maintained and cleaned to prevent spills and leaks RFMP1: Any development sited in the 100-year floodplain or designated floodway shall comply, at a minimum, with regulatory requirements...

RFMP2: Structures and amenities associated with anticipated uses within the Parkway shall be designed and sited to ensure that such features do not obstruct flood flows, do not create a public safety hazard, or result in a substantial increase in off-site water surface elevations. For permanent structures, such as bridge overcrossings, the minimum level of design flood protection shall be the 100-year event to ensure flood flows are not dammed and to prevent flooding on surrounding properties. Amenities such as picnic tables, litter containers, interpretive displays, and vault toilets shall be designed, placed, and securely fastened to allow for water to easily flow through or around them and so that they do not become dislodged during flood events. Fences, if any, shall be sized, placed, and securely anchored to minimize the potential to impact the flow, location or depth of floodwaters.

RFMP3: Flood warning alert and evacuation procedures for Parkway visitors shall be developed and implemented with the counties of Madera and Fresno, the City of Fresno, and FMFCD to ensure evacuation of visitors from the Parkway during events with high flow risks, and to prevent public access into the Parkway during such events.

RDP11: Equestrian facilities and connections to the multiple purpose trail system shall be sited, graded, and constructed of suitable materials resistant to the effects of wind and water erosion to minimize the potential for sediments to be carried into adjacent waterways. A program to monitor the effectiveness of such controls shall be established, including implementation of a maintenance and repair plan.

RDP12: For buildings that do not use a gutter system, landscape planting around the base shall provide increased opportunities for stormwater infiltration and protect the soil from erosion caused by concentrated runoff volumes.

ROP1: Reduce impervious land coverage associated with parking areas and boat ramps.

ROP2: Parkway projects, recreational amenities and resource restoration shall be developed consistent with the responsible jurisdiction's standards for Stormwater Pollution Prevention Plans (SWPPP) and maintenance program. The Conservancy shall include as part of final project design appropriate BMPs, consistent with recommendations of the Stormwater Quality Task Force's California Stormwater Best Management Practices Handbook.

ROP3: Install signage at regular intervals at and near river access points to educate users of the importance of protecting water quality.

Notes: BMP = best management practice; Conservancy = San Joaquin River Conservancy; FMFCD = Fresno Metropolitan Flood Control District; Parkway = San Joaquin River Parkway
Source: Conservancy 1997a
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3.10.3.3 Local Laws, Regulations, and Policies
City of Fresno General Plan 2025
The City’s General Plan 2025, dated February 1, 2002, contains the following objective and policies relevant to hydrology and water resources in the project area:
• Objective I-4: Minimize the loss of life and property on the San Joaquin River bluffs that could occur due to geologic hazards.
o Policy I-4-a: Maintain and enforce the requirements of the City’s Bluff Preservation (BP) Overlay Zone District. Development within 300 feet of the toe of the San Joaquin River bluffs shall require an engineering soils investigation and evaluation report that demonstrates that the site is, or methods by which the site could be made, sufficiently stable to support the proposed development.
• Objective I-5: Protect the lives and property of current and future residents of the Fresno Clovis Metropolitan Area (FCMA) from the hazards of periodic floods. Recognize and institute adequate safeguards for the particular flooding hazards of areas on the San Joaquin river bottom and bluffs.
o Policy I-5-f.: The minimum level of design flood protection shall be the 100-year (one percent) event, as established by the best and most current available data from the U.S.

Army Corps of Engineers and the California Department of Water Resources, pursuant to Federal Emergency Management Agency (FEMA) direction.
o Policy I-5-g.: Establish special building standards for private structures, public structures, and infrastructure elements in the San Joaquin river bottom which would protect:
• Construction in this area from being damaged by the intensity of flooding in the river bottom.
• Water quality in the San Joaquin River watershed from flood damage-related nuisances and hazards (e.g., the release of raw sewage). • Public health, safety, and general welfare from the effects of the flood events. o Policy I-5-h.: Complete studies, addressing the limitations of the area’s geological and hydrological status and all the relevant features of the proposed project, will be required prior to the approval of any construction or development project in the San Joaquin river bottom or below the top of the San Joaquin River bluffs. o Policy I-5-i.: The city of Fresno shall preserve flood-prone areas within the City of Fresno and its Sphere of Influence, particularly the San Joaquin river bottom, for uses which will not have permanent improvements that would be adversely affected by periodic floods.

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o Policy I-5-m.: A valid beneficial use of the San Joaquin River corridor is to transport floodwater, and this use must be protected. River bottom land uses will be managed with the following objectives:
• To control and reduce erosion in the floodway.
• To maintain the combined existing flow capacity in the river channel and the designated floodway by establishing ordinances and policies to prevent nuisance blocking of flood flow.
• To maintain the river stage required to pass any given flow, so as not to increase the extent of flooded area (no increase in the designated floodway), unless any resulting loss in private land value is first purchased from willing sellers. • To coordinate any snagging and clearing activities for river channel enhancement with resource agencies to minimize conflict with natural habitat preservation and mineral extraction activities (including reclamation).

City of Fresno Draft General Plan Update 2035
On July 2, 2014, the City released the draft Fresno General Plan, known as the General Plan Update 2035, which includes the following applicable policy:
o Policy NS-2-d: Bluff Preservation Overlay Zone. Maintain the requirements of the Bluff Preservation Overlay Zone District, which include provisions to:
• Require proposed development within 300 feet of the toe of the San Joaquin River bluffs to undertake an engineering soils investigation and evaluation report that demonstrates that the site is sufficiently stable to support the proposed development, or provide mitigations to provide sufficient stability. • Establish a minimum setback of 30 feet from the San Joaquin River bluff edge for all future structures and rear yards.

3.10.4 I mpact Analysis

3.10.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of hydrology and water quality are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on hydrology or water quality if it would:
• violate any water quality standards or WDRs;
• substantially deplete groundwater supplies or interfere substantially with groundwater recharge so that there would be a net deficit in aquifer volume or a lowering of the local groundwater table; I San Joaquin River Conservancy
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• substantially alter existing drainage patterns, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site; • substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-site or off-site; • create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; • otherwise substantially degrade water quality;
• place housing within a 100-year floodplain hazard area as mapped on flood hazard delineation maps;
• place structures within a 100-year flood hazard area that would impede or redirect flood flows; • expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam, or inundation by seiche, tsunami, or mudflow.

3.10.4.2 Methodology
The analysis of potential hydrology and water quality impacts was performed qualitatively, based on a review of documents pertaining to the study area, including the Fresno County General Plan and Background Report (County of Fresno 2000a, 2000b); California Water Bulletin 118 (DWR 2003); FEMA’s flood insurance rate map (FEMA 2009); and specific study area conditions.

The analysis of impacts on hydrology and water quality is based on the assumption that the project would include standard procedures and BMPs related to water quality, grading, erosion control, stormwater runoff, and floodplain alteration, including compliance with regulatory requirements and ordinances and design standards. These BMPs are described further in Section 2.5.1 2.5.2, “Best Management Practices.”

3.10.4.3 Impacts and Mitigation Measures
Impact 3.10-1: The project would violate water quality standards or WDRs.

Temporary Impacts. Soil disturbed during construction-related activities, such as vegetation removal, grading, trenching, and soil stockpiling, may be dispersed by wind, rain, and surface flow (winter rainfall and stormwater runoff) and carried into drainage conveyances and, ultimately, the River. Similarly, water used during construction for dust suppression or irrigation, if improperly managed, could enter drainage systems and be carried into the River. Contaminants such as petroleum hydrocarbons (e.g., fuels, oils) I
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could be accidentally spilled during construction, thus contaminating surface soils. Areas of exposed or stockpiled soils could be subject to sheet erosion during short periods of peak stormwater runoff, allowing temporary discharges of soil, sediment, and construction-related contaminants to on-site drainages that are hydrologically connected to the River. Dewatering of surface water and/or groundwater may be necessary during construction because of the project site’s proximity to the River and several surface water features, and could adversely affect water quality if not managed properly.

As discussed in Section 2.5.1 2.5.2, “Best Management Practices,” the Conservancy would implement a variety of BMPs as part of the project to reduce or avoid potential construction impacts. Among these BMPs are BMP GEO-1, which requires preparing a site-specific SWPPP and erosion and sediment control plan and BMP HYDRO-2, which requires completing dewatering in accordance with local and Central Valley RWQCB requirements. The project SWPPP would be consistent with all SWRCB and Central Valley RWQCB requirements included in the Construction General Permit. Preconstruction and postconstruction BMPs would be implemented for all project phases to limit the discharge of pollutants into stormwater runoff.

However, some project construction activities would occur within a designated floodway and the FEMA 100-y
ear floodplain. Construction staging areas have not been identified yet. Temporary stockpiles and hazardous materials, such as fuels, paints, and oils, may be stored in construction staging areas and could be subject to flooding should a 100-year flood event occur during construction. Discharges of these construction materials and contaminants to receiving waters during storms would degrade water quality and could lead to short-term impacts on fish and other aquatic life in the River. The impact would be potentially significant.

Long-T
erm Impacts . Implementing the project would create new impervious and hard-packed surfaces, structures, and landscape features, which could increase runoff volumes. This increased runoff, in turn, c
ould cause or contribute to long-term discharges of urban contaminants (e.g., sediment, oil and grease, fuel, trash, pesticides, fertilizer) into stormwater runoff and receiving waters, including on-site ponds and the River. Table 3.10-1 summarizes the area of the project including the impervious (paved) and semi- impervious (unpaved) surface areas associated with the project. The area of impervious and semi- impervious area is minor relative to the undisturbed, pervious, portion of the project site.

In addition, the project would include multiuse trail facilities, accessible by pets and equestrians, which could cause animal wastes to be discharged into stormwater runoff and receiving waters. Trampling by horses could physically break down streambanks and destroy vegetative cover along the River, which could increase sedimentation. However, the Conservancy’s project management approach would address this issue through prohibitions, monitoring, and maintenance activities and methods such as potential fencing, signage, and BMPs.

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Contaminants in runoff from bathroom facilities, stormwater, or landscaping irrigation could degrade water quality if the runoff were to enter drainages to the river or ponds. Stormwater may encounter oil, grease, or fuel nutrients, and sediments and bacteria found in animal or human wastes. Water used to irrigate landscaped areas may encounter pesticides, herbicides, and fertilizer. Runoff water that has encountered these chemicals, but that has not been directed to treatment swales to be absorbed by plants and soil, could be conveyed to receiving waters. Potential discharges of contaminated urban runoff from paved and landscaped areas would increase and could cause or contribute to adverse effects on aquatic organisms in receiving waters.

The River is listed under CWA Section 303(d) as impaired for invasive species. Under this impairment, the River cannot assimilate or accommodate additional invasive species, and any increases in such species would contribute to the impairment.

Stormwater discharges into surface waters, including the River, could cause long-term degradation of water quality and adverse effects on aquatic species. Prolonged exposure to high levels of suspended sediment would reduce tolerance to disease and toxicants. Especially in shallow quiet pools, increased turbidity could increase water temperature, which in turn could affect dissolved oxygen (DO) levels; both effects would increase respiration stress. Also, high levels of suspended sediment could cause movement and redistribution of fish populations. The loss of streamside vegetation caused by trampling may result in excessive solar heating of the water, which could harm cold-water fish such as Chinook salmon. For additional discussion of impacts on native fish habitat, see Section 4.4, “Biological Resources.” These long-term effects could diminish the character and quality of the physical habitat important to the survival of native fish, and could impair the River further by adversely affecting native fish species or promoting an increase in invasive aquatic species. In addition, excessive nutrient loading into surface waters, including the River, could lead to algal blooms and weed problems.

To assist with animal waste management, the project would include several pet stations, placed along the multiuse trail and in parking areas, and would implement Parkway Master Plan Policies ROP5, RDP13, and RDP14 related to litter and waste management. In addition, in compliance with Policies RFP5 and RFP6 of the Parkway Master Plan, a landscaping program would be implemented to eliminate, reduce, or minimize the use of pesticides and herbicides, or pesticide and herbicide application would occur in accordance with all applicable requirements of the Agricultural Commissioner’s Office and manufacturer’s recommendations. BMP HYDRO-1 and Parkway Master Plan Policy RDP11 would require that connections to the multipurpose trail system and equestrian facilities be constructed to minimize erosion and the potential for sediment transport into adjacent waterways. The Conservancy would establish a program to inspect and monitor the effectiveness of such controls and would conduct maintenance and repair activities.

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Implementing project design features and Parkway Master Plan policies would reduce long-term impacts on water quality, but impacts of urban contaminants from parking lot runoff and waste products from equestrian use and vault toilets would remain. The impact would be potentially significant.

Mitigation Measure Hydrology and Water Quality-1
Construction staging areas, including hazardous-material storage areas and temporary stockpiles, shall be located outside the 100-year floodplain and designated floodway and away from drainages.

Appropriate BMPs shall be implemented to ensure that runoff from these areas does not directly flow to surface waters. Before construction begins, locations for storage of hazardous materials, temporary stockpiles, and demolition debris piles within staging areas shall be designated outside the 100-year floodplain and designated floodway and away from drainages. Major storage and stockpile areas shall be designated in the SWPPP, as required for NPDES General Permit coverage for construction. Stockpile areas shall be identified in the SWPPP and appropriate BMPs shall be installed accordingly. The mitigation shall be implemented before any ground disturbance and shall continue throughout construction, as conditions require.

Mitigation Measure Hydrology and Water Quality-2
The project design shall include structural BMPs for project operation to reduce and treat postconstruction stormwater runoff from the proposed parking lot and other impervious features. The runoff shall be treated through the use of detention basins or other means before it reaches on-site surface waters, wetlands, and the River. The selected BMPs shall minimize the velocity of stormwater flows and disperse the flows to the extent practicable. The selected BMPs also shall serve to infiltrate, filter, store, evaporate, and detain runoff close to its source, and shall enhance on-site recharge of groundwater. The structural BMPs shall be designed in accordance with applicable local and State regulations. BMPs such as bioswales, surface sand, other media filters, vegetated filter strips, and detention basins may be implemented to treat, detain, and percolate stormwater runoff. The mitigation shall be implemented before project designs are finalized.

Mitigation Measure Hydrology and Water Quality-3
The proposed equestrian trails shall be sited, graded, and constructed consistent with Policy RDP11 of the Parkway Master Plan. The equestrian trail and staging area shall drain to detention swales, with no direct discharges to on-site waters or the River. Signage shall be posted, animal waste containers shall be provided, animal waste removal procedures shall be implemented, and the site shall be inspected periodically to determine the effectiveness of the measures. Vault toilets shall be cleaned daily and waste periodically trucked off-site for treatment.

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Effectiveness of Mitigation Measure
Implementation of BMPs as described in BMPs GEO-1, GEO-2, and HYDRO-2 and required by the NPDES permit, together with implementation of applicable policies of the Parkway Master Plan, other regulatory requirements, and Mitigation Measures Hydrology and Water Quality-1 through Hydrology and Water Quality-3, would reduce the potential impact to less than significant. No additional mitigation is required.

Impact 3.10-2: The project could substantially deplete groundwater supplies or could interfere substantially with groundwater recharge so that a net deficit in aquifer volume or a lowering of the local groundwater table could occur.

Temporary Impacts. Project construction would require a water supply for dust control and irrigation of the landscape plantings until they are self-sustaining (up to 5 years). Dewatering of surface water and/or perched groundwater may also be necessary in certain parts of the study area during construction because of the proximity to the River and several surface water features. The existing nonpotable water well on-site could be used for dust control and irrigation. The construction contractor would bring in additional water for dust control and irrigation, if needed. Project construction would not increase groundwater demands substantially, and thus, would not cause a considerable lowering of the groundwater table. Implementation of BMP HYDRO-4 would minimize water demand because drought- tolerant plants would be used and low-flow and smart irrigation systems would be installed. After the temporary use of groundwater for project construction, groundwater levels would return to preproject levels over time. The impact would be less than significant. No mitigation is required.

Long-Term Impacts. The construction of restrooms, a paved trail, and a parking lot would create additional impervious/paved surface areas that could reduce infiltration of precipitation into the groundwater. However, the amount of impervious/paved surface would be very small relative to the total project site and stormwater would be managed to infiltrate on-site through vegetated areas. The increase in impervious surface areas would not measurably affect recharge to the local groundwater basin. Runoff from improvements on-site would drain to pervious swales. A permanent water supply would be needed primarily for fire suppression and drinking fountains. Project operation would not increase groundwater demands substantially, and existing supplies that may be provided by the City of Fresno for fire suppression and drinking water are expected to be adequate to serve the project without lowering groundwater levels (see Section 3.18, “Utilities and Service Systems”). The impact would be less than significant. No mitigation is required.

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Impact 3.10-3: The project would substantially alter existing drainage patterns, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site.

Temporary Impacts. Variable incised drainages are visible along the bluffs, and several natural drainages and swales traverse the project site. The project would require grading and movement of soil for placement of the trail extension, parking lot, and other new structures. The staircase from Spano Park to the trail extension and possible staircase access from the Bluff Trail to the trail extension would be constructed on the steep slope of the bluff. Project construction would include activities within a designated floodway and the FEMA 100-year floodplain. Grading and soil movement on the steep slopes and within flood zones could alter drainage courses and runoff patterns from existing conditions.

As described further above, the Conservancy would implement BMPs as part of the project (Section 2.5.1

2.5.2, “Best Management Practices”). Implementing water quality BMPs, including preparation of a SWPPP, associated BMPs, and an erosion and sediment control plan (BMP GEO-1), would reduce or avoid potential construction-related impacts. Preconstruction, construction, and postconstruction BMPs would be implemented during all project phases to limit discharge of pollutants in stormwater runoff. The impact would be less than significant. No mitigation is required.

Long-Term Impacts. Hydromodification is generally defined as changes in channel form associated with alterations in flow and sediment due to past or proposed future land-use alteration. Changes to a watershed’s hydrologic and geomorphic processes resulting from the development of impervious/paved surfaces and associated drainage modifications are referred to as “hydromodification.” Hydromodification intensifies erosion and the transport of sediments and can cause changes to river channel geometry and the properties of the river bank and floodplain. On the project site, hydromodification could also change pond or bluff features. These changes could result in erosion, sedimentation, and degraded riparian habitat. Table 3.10-1 shows the total surface area of the project and the portion of the project site located within the designated floodway and floodplain. Most of the project improvements would occur at grade, and would not change or displace flows. Substantial structures (e.g., vault toilet restrooms) would be built outside the designated floodway and 100-year flood zone.

Implementation of project design features, BMPs GEO-1 and HYDRO-3, and Parkway Master Plan policies would reduce potential impacts related to hydromodification. However, impervious/paved surfaces would be added and other project components would be placed adjacent to or within the designated floodway and 100-year floodplain. Therefore, the impact would be potentially significant.

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Mitigation Measure Hydrology and Water Quality-4
For improvements that require an encroachment permit and approval from the CVFPB, drainage and hydromodification studies shall be performed to evaluate and avoid modifications that would increase flooding in upstream or downstream areas, or that would cause obstructions during flood events. A professional civil engineer shall:
• conduct a drainage and hydromodification study evaluating the location of all existing and proposed drainage features;
• perform stormwater calculations for surface drainage flows occurring before and after project construction;
• evaluate the potential for drainage and floodplain modifications to increase erosion on adjacent properties; and
• determine the base flood elevation before and after construction, so that no net displacement of floodwaters shall occur.

As necessary, the filling of floodplain or floodway areas below the base flood elevation shall be compensated for and balanced by excavation of a hydraulically equivalent area, taken from below the base flood elevation, to achieve no net increase in the base flood elevation greater than 0.10 foot, as measured at the property lines of the parcels being developed. The Conservancy shall perform hydraulic studies in accordance with applicable floodplain management regulations, prepare an encroachment permit application, and obtain an encroachment permit before construction begins.

Mitigation Measure Hydrology and Water Quality-5
Mitigation Measure Hydrology and Water Quality-2 shall be implemented as described above, to prevent and reduce potential alterations to drainage patterns that can result in erosion or siltation.

Effectiveness of Mitigation Measure
Implementation of BMPs as described in BMP GEO-1 and required by the NPDES permit, together with implementation of applicable policies of the Parkway Master Plan, other regulatory requirements, and Mitigation Measures Hydrology and Water Quality-4 and Hydrology and Water Quality-5, would reduce the potential impact to less than significant. No additional mitigation is required.

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Impact 3.10-4: The project would substantially alter the drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site.

See Impact 3.10-3 for a discussion of temporary and long-term impacts associated with alteration of drainage patterns. For the same reasons as described above, the temporary impact related to increases in surface runoff would be less than significant. However, because of alteration of the drainage pattern that could result in changes in flooding, the long-term impact of the project would be potentially significant.

Mitigation Measure Hydrology and Water Quality-6
Mitigation Measures Hydrology and Water Quality-2, Hydrology and Water Quality-4, and Hydrology and Water Quality-5 shall be implemented as described above.

Effectiveness of Mitigation Measure
Implementation of BMPs as described in BMP GEO-1 and required by the NPDES permit, together with implementation of applicable policies of the Parkway Master Plan, other regulatory requirements, and Mitigation Measure Hydrology and Water Quality-6, would reduce the potential impact to less than significant. No additional mitigation is required.

Impact 3.10-5: The project would create or contribute runoff that would exceed the capacity of existing or planned stormwater drainage systems or would provide substantial additional sources of polluted runoff.

Temporary Impacts. See Impact 3.10-1 for a discussion of effects on water quality from polluted runoff generated during project construction. No existing stormwater drainage system is associated with the study area; therefore, none would be affected during construction. However, the temporary impact would be potentially significant.

Long-Term Impacts. See Impact 3.10-1 for a discussion of water quality effects from polluted runoff during project operation. No new municipal stormwater drainage facilities or expansion of existing facilities is planned as part of the project. No drainage system serves the study area. The project would include planned drainage swales to detain and treat stormwater runoff from impervious surfaces for the trail, parking lot, and structures. However, the runoff generated by the impervious surfaces could generate additional sources of polluted runoff, and thus, the impact would be potentially significant.

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Mitigation Measure Hydrology and Water Quality-7
Mitigation Measures Hydrology and Water Quality-1, Hydrology and Water Quality-2, and Hydrology and Water Quality-3 shall be implemented to reduce pollutants in runoff from project construction and postconstruction activities.

Effectiveness of Mitigation Measure
Implementation of BMPs as described in BMP GEO-1 and required by the NPDES permit, together with implementation of applicable policies of the Parkway Master Plan, other regulatory requirements, and Mitigation Measure Hydrology and Water Quality-7, would reduce the potential impact to less than significant. No additional mitigation is required.

Impact 3.10-6: The project would otherwise substantially degrade water quality.

Temporary and long-term water quality effects would be the same as described in Impact 3.10-1. The project would not degrade water quality beyond what is described in Impact 3.10-1. However, the impact would be potentially significant.

Mitigation Measure Hydrology and Water Quality-8
Mitigation Measures Hydrology and Water Quality-1, Hydrology and Water Quality-2, and Hydrology and Water Quality-3 shall be implemented to reduce project-related degradation of water quality.

Effectiveness of Mitigation Measure
Implementation of BMPs as described in BMP GEO-1 and required by the NPDES permit, together with implementation of applicable policies of the Parkway Master Plan, other regulatory requirements, and Mitigation Measure Hydrology and Water Quality-8, would reduce the potential impact to less than significant. No additional mitigation is required.

Impact 3.10-7: The project could place housing within a 100-year floodplain hazard area as mapped on flood hazard delineation maps.

The project would not involve construction of housing. No impact would occur.

Impact 3.10-8: The project would place structures within a 100-year flood hazard area that would impede or redirect flood flows.

Temporary Impacts. During construction, no temporary structures would be installed as part of the project.

The trail extension would be constructed immediately adjacent to residential properties. If construction equipment, stockpiles, and other building materials were staged on the floodplain in the vicinity of the I
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residences and a 100-year flood event were to occur during construction, flood flows could be redirected onto these properties. Because of the potential for a 100-year flood event to occur during project construction, the impact would be potentially significant.

Long-Term Impacts. As described previously, the placement of impervious surfaces for the multipurpose trail, parking lot, and recreation amenities could alter hydrologic and floodplain functions. Table 3.10-1 shows the amount of surface area that would be located within the designated floodway and 100-year flood zone. The restroom, parking lot, and connections to the Bluff Trail would be located outside the 100- year flood zone. Unpaved trails would be located in the designated floodway. The paved trail would be located partially within the 100-year flood zone. Grading cuts and fills would be minimal, to assure ADA- compliant grades and proper drainage for the trails, parking lot, and restrooms. In accordance with Parkway Master Plan policies and regulatory requirements, new structures and other project components would be designed to avoid net displacement of floodwaters, obstructions to flood flows, or placement within the floodplain of improvements that may come loose and become obstructions or pose a safety hazard. However, the impact would be potentially significant.

Mitigation Measure Hydrology and Water Quality-9
Mitigation Measure Hydrology and Water Quality-4 shall be implemented to reduce potential impacts from flood hazards.

Effectiveness of Mitigation Measure
Implementation of BMPs, applicable policies of the Parkway Master Plan, other regulatory requirements, and Mitigation Measure Hydrology and Water Quality-9 would reduce the potential impact to less than significant. No additional mitigation is required.

Impact 3.10-9: The project could expose people or structures to a significant risk of loss, injury, or death involving flooding because of the failure of a levee or dam.

Temporary Impacts. Project construction would occur within the River’s designated floodway and 100- year floodplain. In accordance with Parkway Master Plan Policy RFMP3, the Conservancy would require contractors to develop and implement flood warning alert and evacuation procedures, to safely evacuate the area during events with high-flow risks. Implementing these measures would reduce potential risks of flood exposure during construction.

According to the Friant Dam Failure Flood Area Map prepared by the County of Fresno, the project area would be inundated if Friant Dam were to fail. Such a failure would expose people or structures to flooding, but the likelihood of such an occurrence is remote. The Governor’s Office of Emergency Services provides information for local governments about responding to critical hazards, including I
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potential flooding or inundation from failure of a levee or dam. There are no levees in the project area that are designated to provide flood protection. The project would follow established regulatory requirements, Parkway Master Plan policies, and related implementation programs, and the probability of dam failure is would be extremely low and such an event is not considered reasonably foreseeable. The impact would be less than significant. No mitigation is required.

Long-Term Impacts. In the long term, the project could expose visitors to potential loss, injury, or death from flooding caused by or dam failure. However, the project would follow established regulatory requirements, Parkway Master Plan policies, and related implementation programs. In addition, the probability of dam failure would be extremely low and such an event is not considered reasonably foreseeable. The Conservancy would develop site closure, flood warning, and evacuation procedures in accordance with Parkway Master Plan Policy RFMP3, and warning and evacuation information would be posted on-site. The impact would be less than significant. No mitigation is required.

Because the project would comply with established regulatory requirements, Parkway Master Plan policies, and related implementation programs, and because the probability of dam failure would be extremely low probability and such an event is not considered reasonably foreseeable, the impact would be less than significant. No mitigation is required.

Impact 3.10-10: The project could cause inundation by seiche, tsunami, or mudflow.

Temporary and Long-Term Impacts. The potential temporary and long-term impacts of the project related to inundation by seiche and tsunami are similar. Earthquakes can cause hazards on open water bodies by creating seismic sea waves (tsunamis) and seiches. The project’s potential to cause a tsunami is negligible because the study area is located at a considerable distance from water bodies that could generate seismically induced tidal phenomena (the Pacific Ocean is located approximately 115 miles west of the study area). Seiches are earthquake-induced oscillations of water that can occur for a few minutes or several hours in an enclosed or restricted water body, such as a basin, river, or lake. The study area consists of a network of ponds interconnected with the River and floodplain. As described in Section 3.7, “Geology and Soils,” the potential for a seismic event in the project area is low. In the unlikely event of an earthquake, any waves generated in one of these water bodies by an earthquake likely would be damped down and would not develop the substantial “back-and-forth” motion associated with a seiche.

Therefore, no impact would occur related to potential inundation by seiche or tsunami.

A potentially significant impact may occur if a project is located adjacent to a hillside area with soil characteristics that indicate potential susceptibility to mudslides or mudflows. As described in Section 3.7, “Geology and Soils,” evidence exists of past natural landslide activity—rock falls, topples, debris flows, earth flows, mudflows, and creep—in the project vicinity at the base of the bluff escarpment. Most of the project would be located more than 300 feet from the toe of the bluffs; however, the staircase from Spano I
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Park to the trail and/or staircase access from the Bluff Trail to the trail would be constructed on the steep slope of the bluff. If the proper engineering controls and BMPs to protect against slope instability and erodibility were not implemented, placing structures on or otherwise disturbing the steep bluff slope at the Bluff Trail and the slope to Spano Park could increase the area’s susceptibility to mudflows.

In addition, Section 15-1404 (Site Design Development Standards) of the City of Fresno Municipal Code requires that development within the San Joaquin River corridor be limited or provide a buffer consistent with the General Plan. Policy NS-2-d of General Plan Update 2035 requires projects proposing construction within 300 feet of the San Joaquin River bluff to perform an engineering soils investigation and evaluation report to demonstrate that the site is sufficiently stable to support the development, or provide mitigation to provide sufficient stability. In accordance with these requirements and with Parkway Master Plan Policy RFP7 and BMP GEO-2, qualified personnel would perform geotechnical investigations before approval of the final design for each feature, to identify geologic or soil characteristics of the project site that could result in unstable soils (e.g., highly erodible soils or slope conditions). Project features would be sited away from areas where slopes could be unstable. Meeting these investigation requirements would further identify slope stability issues and design controls would be implemented to minimize the potential for landslides and any associated inundation. Therefore, the impact related to potential inundation by mudflow would be less than significant. No mitigation is required.

3.11 Land Use and Planning

3.11.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes potential project impacts related to land use. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the EIR. Several comments were made that the EIR should evaluate the impacts of the project on land use consistency with the Fresno Municipal Code relating to protection of the San Joaquin River Bluffs and consistency with the City of Fresno General Plan’s objectives and implementing policies for public access to the project area. The Conservancy, as a State entity, is not subject to local government planning and regulation. Therefore, references to local planning documents are provided for informational purposes only and such documents are not considered “applicable plans” under State CEQA Guidelines Section 15125(d).

3.11.2 Envir onmental Setting
The study area occupies approximately 358 acres and 19 parcels. The parcels are located within the floodplain of the San Joaquin River and are owned by the State under the management jurisdiction of the I
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Conservancy, FMFCD, and the City of Fresno (see Table 3.1-1, “Existing Land Use, Zoning, and Ownership”). One parcel within the project boundaries (40102127ST) is privately owned. Although this parcel is not part of the proposed project, this the DEIR analyzes the potential for indirect project impacts.

A residential subdivision is located south of the study area on the bluffs; however, no project elements are proposed within the subdivision.

3.11.3 Regul atory Setting

3.11.3.1 Federal Laws, Regulations, and Policies
No federal laws, regulations, or policies related to land use and planning apply to the project.

3.11.3.2 Sta te Laws, Regulations, and Policies
The State has sovereign authority over its lands to carry out governmental activities. Uses on State lands are not subject to local land use controls. The California Legislature created the Conservancy as a State agency with broad, independent powers to manage State lands in the Parkway, to accomplish the goals of the Conservancy Act. The Conservancy’s uses on State lands under its jurisdiction are not subject to local land use regulations or ordinances, including local zoning ordinances. The Conservancy has no authority related to land uses on other lands; that authority is exclusive to local land use agencies.

California State Lands Commission
The California State Lands Commission has jurisdiction and management authority over all ungranted, tidelands and submerged lands owned by the State; and over the beds of navigable rivers, streams, lakes, bays, estuaries, inlets, and straits, including tidelands and submerged lands; and over the beds of navigable rivers (PRC Section 6301). The lands along the River between the ordinary high-water marks are subject to the jurisdiction of the California State Lands Commission. Lands riverward of the low-water mark are in State fee title ownership, and lands between the low- and high-water marks are in a public trust easement. On navigable nontidal waterways, including lakes, the State holds fee ownership of the bed of the waterway landward to the ordinary low-water mark and a public trust easement landward to the ordinary high-water mark, except where the boundary has been fixed by an agreement or a court decision. Such boundaries may not be readily apparent from present-day site inspections.

San Joaquin River Parkway Master Plan
The Conservancy develops and manages its projects and lands under its jurisdiction in the Parkway through policies included in the Parkway Master Plan. The following goals and policies of the Parkway Master Plan (Appendix B) related to land use and planning are applicable to the project area:

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Goal FG5: Protect existing undeveloped areas of the riverbottom, which should remain non-urbanized and be retained in open space or agriculture if possible.

Goal FG6: Provide land use and management policies for the San Joaquin River and areas of the riverbottom included in the Parkway that shall enhance the attractiveness of the Fresno-Madera metropolitan area and enhance the quality of life for its residents. o Policy NP1: Provide a minimum width for the wildlife corridor of 200 feet on both sides of the river. Acquire a wider corridor whenever possible. Provide a buffer width wider than 150 feet whenever more intensive uses on adjacent lands exist or are planned. o Policy NP8.1: Provide a buffer zone of a width appropriate to the intensity of the planned land use.
o Policy NRD1.1: Site new facilities in restored or previously developed areas. Visitor overlooks and viewing areas shall be located to avoid intrusion into sensitive habitat and to avoid habitat fragmentation.
o Policy NRD1.2: Whenever feasible, route trails on the outside edges of habitat areas, rather than through the center of mature riparian stands. o Policy NRD10: Develop and maintain a continuous strip of riparian vegetation (no gaps greater than 200 feet or the minimum necessary to allow infrastructure) with an average width of 200 feet throughout the Parkway.

Goal RO1: Locate intensive recreational activity sites way from sensitive natural resources and private residences.
o Policy RPS1: The Parkway shall consider proposed Parkway facility sites to avoid areas that were formerly riparian forest or have a high potential for restoration for this threatened habitat type.
o Policy RP7: Separate recreational areas from residences by a buffer at least 150 feet wide, and if possible, screening vegetation as well.
o Policy BZ1: Establish and maintain 250 meters [820 feet] of buffer zone for sensitive wildlife where possible.
o Policy BZ3: Incorporate the following recommendations for buffer zones for the protection of wildlife habitat (Natural Reserves and wildlife corridors) into Parkway guidelines:

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Buffer Zone
Width (ft)
Adjacent Land Use
Passive
Recreation
(Hiking, biking,
equestrian, golf)
Intensive Recreation
(camping, fishing
areas, picnicking,
boat launches)
Agriculture/
pastureland
Sand and
Gravel
Mining
Low
Density
Housing
<1/20 acres
High
Density
Housing
>1/acre
Business
and
Industry
100 X
150 X X
300 X X
600 X X

o Policy BZ8: Where low density residential uses or passive recreational activities in the Parkway adjoin wildlife habitat, there should be a minimum 100-foot wide buffer zone and an additional zone or area without structures that is not less than 50 feet wide, The setback zone could be used for compatible landscaping, patio or parking uses but not for a building. Where the 100 foot buffer plus 50 foot setback approach is not feasible, an offsetting expansion of the corridor width on the opposite shore should be a priority.

These goals and policies do not necessarily avoid impacts but may lessen them.

3.11.3.3 Loca l Laws, Regulations, and Policies
City of Fresno General Plan 2025
The City’s General Plan is a long-range planning document that governs growth and development in Fresno. The project site is located within the Fresno city limits. The City’s General Plan 2025 provides a policy that enforces the requirements of the Bluff Preservation (BP) Overlay Zone District. The following policy from the General Plan 2025 is relevant to the project. • Objective I-4: Minimize the loss of life and property on the San Joaquin River bluffs that could occur due to geologic hazards.
o Policy I-4-a: Maintain and enforce the requirements of the City’s Bluff Preservation (BP) Overlay Zone District. Development within 300 feet of the toe of the San Joaquin River bluffs shall require an engineering soils investigation and evaluation report that demonstrates that the site is, or methods by which the site could be made, sufficiently stable to support the proposed development.

City of Fresno Draft General Plan Update 2035
The City’s General Plan Update 2035 provides the following land use-related objective and implementing policies that support the Conservancy in its efforts to develop a river parkway.

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• Objective POSS-7: Support the San Joaquin River Conservancy in its efforts to develop a river parkway.
o Policy POSS-7-d: Buffer Zones near Intensive Uses. Protect natural reserve areas and wildlife corridor areas in the San Joaquin River corridor whenever more intensive human uses exist or are proposed on adjacent lands. Use buffer zones to allow multiple uses on parts of the parkway while still protecting wildlife and native plants. • Require studies of appropriate buffer widths to be approved by State and federal wildlife agencies before variances from standard buffer zone widths are granted. • Maintain natural riparian buffer zones with appropriate native plants (see material and cuttings locally derived).
• Incorporate open space uses such as pasture, low-intensity agriculture activities, and the “rough” or marginal areas of golf courses into buffer zones when they constitute an improvement in habitat over a previous use or degraded area.

Evaluate and address the potential impacts of construction, cultural, and operational practices (such as grading, number of livestock per acre, lighting, and use of pesticides, herbicides, and fertilizers) before these uses are approved for buffering.
• For nearby areas of the San Joaquin River corridor outside of the exclusive jurisdiction of the City, support efforts to work with other jurisdictions to achieve this policy.
o Policy POSS-7-e: Natural Habitats and Historic Resources. Continue to protect and enhance the San Joaquin River Parkway environs’ unique and irreplaceable natural habitats and historic resources (including archaeological sites). Continue to maintain standards to protect public health and provide for development of substantial recreational opportunities for all segments of the community by preserving open space on the bluffs and river bottom while allowing appropriate recreational development respectful of private property rights.
o Policy POSS-7-f: River Bluff. Preserve the river bluffs as a unique geological feature in the San Joaquin Valley by maintaining and enforcing the requirements of the “BP” Bluff Preservation Overlay Zone District.
o Policy POSS-7-g: Support the trail extension of the Lewis Eaton Trail into the River West Fresno Project Area consistent with the San Joaquin River Parkway Master Plan and the following criteria:

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• Public access into the River View Drive area/neighborhoods should be limited to cyclists and pedestrians with the exception of public safety, circulation, and/or other government/support service provider vehicles.
• Proposed public parking facilities should be designed in order to accommodate as many vehicles as possible.
• Additional public parking should be located under and/or adjacent to the old San Joaquin Bridge and State Route 41 corridor.
• The feasibility of additional public parking and equestrian trailer parking near Spano Park should be considered and fully evaluated.
• The location of public parking should not conflict with other recommendations in this policy.
• The trail alignment should, at the greatest extent possible, be located along and/or near the river for maximum public enjoyment, view, and access to the river by all users, and to allow for the best possible fire and public safety buffer for adjacent property owners while also taking into consideration environmental impacts, design and maintenance costs, historical and required water flows and flooding, and/or other events that result in increases to water levels. • Full development or public access should be avoided until adequate and sustainable funding needed to support annual operations and maintenance has been identified.
• The San Joaquin River Bluff and Protection Ordinance should be implemented prior to the completion of the project.

Bullard Community Plan
The Bullard Community Plan was adopted by the Fresno City Council in December 1988 (City of Fresno 1988). This plan outlines the public land use policy that directed the physical growth of the Bullard Community over a 20-year planning horizon. It formed the basis for determining the consistency of development proposals (i.e., rezoning and subdivisions) in the Bullard Community and provides for an internally compatible land use pattern that can be adequately accommodated by the City of Fresno's existing and planned public service delivery system. Table 3.11-1 evaluates the proposed project against relevant policies of the Bullard Community Plan.

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FinalEnvironmental Impact Report, Volume I Affected Environment, Environmental Consequences, and Mitigation Measures Begin underline. Table 3.11-1: Bullard Community Plan Consistency Analysis End underline.

Begin underline. Goals and Policies End underline. Begin underline. Consistency Analysis End underline. Begin underline. Determination End underline.

Begin underline. CHAPTER 4.0, “PLAN ELEMENTS” End underline.

Begin underline. Section 4.1, “Residential Land Use” End underline.

Begin underline. Goal 2: Provide for efficient use of land and the public service delivery system while protecting the integrity of established neighborhoods. End underline.

Begin underline. Goal 4: Provide for safe, clean and aesthetically pleasing neighborhoods free from excessive traffic and
noise. End underline.

Begin underline. Both of these goals are directed toward the planning and development of new
residential developments in the City rather
than public trails and open space uses
such as the proposed project. End underline.

Begin underline. Consistent End underline.

Begin underline. Section 4.4, “Public Facilities and Services” End underline. Begin underline. Goals and Polici es End underline. Begin underline. Consistency Analysis End underline. Begin underline. Determination End underline.

Begin underline. Policy 4: Provide for stormwater drainage facilities of sufficient capacity to accommodate the anticipated
runoff from planned land uses, through coordination
within the Fresno Metropolitan Flood Control District.

For those drainage areas in which facilities are existing or substantially designed, new development that would
in itself result in a condition wherein the capacity of the existing facilities would be exceeded, or would
contribute to a projected overloading of the existing or substantially designed facilities at buildout of the
drainage zone, shall not be approved unless conditions
upon adequate relief measures, as determined by the
Fresno Metropolitan Flood Control District. End underline.

Begin underline. The Conservancy would coordinate with
Fresno Metropolitan Flood Control District
to design and construct a project that
would not impinge on flows in the existing
drainage channel directing runoff into the
adjacent stormwater detention basin. End underline.

Begin underline. Consistent End underline.

Begin underline. Policy 6: Promote and support existing water conservation and water recharge efforts and explore
the feasibility of using more of the City’s surface water entitlement to San Joaquin River water for water
recharge purposes. End underline.

Begin underline. The project would involve nominal water use for irrigation of landscaping and would
not hinder the City’s efforts to increase
water conservation and groundwater
recharge. End underline.

Begin underline. Consistent End underline.

Begin underline. Section 4.5, “Circulation”Begin underline. Goals and Polici es End underline. Begin underline. Consistency Analysis End underline. Begin underline. Determination End underline.

Begin underline. Goal 1: Provide for the efficient movement of vehicular traffic in order to reduce public and private costs, the use of non-renewable energy resources and air
pollution. End underline.

Begin underline. Goal 2: Provide for a hierarchy of street classifications that encourage commercial and through traffic on the
major street system and discourages such traffic on the local residential street system. End underline.

Begin underline. These goals are directed toward the
backbone vehicle circulation system of the
Circulation Element. Extension of the
multiuse trail as proposed by the project
can be found consistent with the goal of
reducing demand for nonrenewable
energy sources and the volume of air
pollution emitted by motor vehicles, as the
project would encourage alternative
modes of travel including pedestrian and
bicycle activity. The proposed project
would not affect the City’s street hierarchy. End underline.

Begin underline. Consistent End underline.

Begin underline. Policy 2: The number of driveway access points on major street should be minimized to protect traffic flow. End underline.

Begin underline. The project is consistent with the intent of this policy by utilizing an existing roadway
cul-de-sac. End underline.

Begin underline. Consistent End underline.

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FinalEnvironmental Impact Report, Volume I Affected Environment, Environmental Consequences, and Mitigation Measures Begin underline. Goals and Policies End underline. Begin underline. Consistency Analysis End underline. Begin underline. Determination End underline.

Begin underline. Policy 7: Local residential streets shall be designed to discourage through and/or non-residential traffic. End underline.

Begin underline. This policy is directed toward the planning and development of new residential
developments in the City rather than
public trails and open space uses such as
the proposed project. End underline.

Begin underline. N/A End underline.

Begin underline. Section 4.6, “Parks and Recreation/Open Space” End underline.

Begin underline. Policy 2: Support the concept of a river parkway system within the riverbottom, in coordination with
Fresno County, Madera County, public interest groups,
property owners and the State of California. End underline.

Begin underline. The proposed project is an extension of an existing segment of the Parkway
multiple-use trail. The trail would be
accessible to pedestrians and bicyclists
alike, consistent with the
multiuse/recreational open space plan
designations that apply to the river bottom. End underline.

Begin underline. Consistent End underline.

Begin underline. Policy 6: The City shall work with affected agencies, i.e., school districts and the Fresno Metropolitan Flood Control District (FMFCD), to establish an integrated
design and/or joint use of schools, ponding basins, and park sites whenever feasible. End underline.

Begin underline. Extension of the Parkway multiuse trail as proposed by this project would meet the
intent of this policy by providing a multiuse
habitat conservation/recreational use, and
by including connectivity to community
parks and trails. End underline.

Begin underline. Consistent End underline.

Begin underline. CHAPTER 5, “SPECIAL ISSUES, POLICIES, AND STANDARDS” End underline.

Begin underline. Section 5.1, “San Joaquin Riverbottom and Bluffs” End underline. Begin underline. Goals and Polici es End underline. Begin underline. Consistency Analysis End underline. Begin underline. Determination End underline.

Begin underline. Goal 1: Minimize the loss of life and property in the riverbottom and bluffs due to flooding and geologic
hazards. End underline.

Begin underline. The proposed project does not include
habitable structures. The project is a
recreational use that would not be
permanently occupied and includes
measures to protect public safety in the
event of flooding. End underline.

Begin underline. Consistent End underline.

Begin underline. Goal 2: Provide for substantial public access to the riverbottom and bluff area while minimizing intrusion on existing residences and other activities on private
property. End underline.

Begin underline. The proposed project provides for public access to the river bottom through
extension of the existing trail system. The
proposal includes buffers, landscaping,
features, and management measures to
minimize impacts on private residences. End underline.

Begin underline. Consistent End underline.

Begin underline. Goal 3: Provide for substantial public recreational opportunities in the riverbottom. End underline.

Begin underline. The project would introduce an additional

2.4 miles of publicly accessible trails, as
well as fishing, nature observation, and
other recreation, along the river bottom. End underline.

Begin underline. Consistent End underline.

Begin underline. Goal 4: Preserve the river bluffs as a unique geological feature in the San Joaquin Valley. End underline.

Begin underline. Policy 1: Maintain the multi-use/recreational open space plan designations in the riverbottom. End underline.

Begin underline. The alignment of the proposed trail would not require alteration of the river bluff face. End underline.

Begin underline. The project would introduce an additional

2.4 miles of publicly accessible trails
within approximately 500 acres of public
open space along the river bottom. End underline.

Begin underline. Consistent End underline.

Begin underline. Consistent End underline.

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Begin underline. Goals and Policies End underline. Begin underline. Consistency Analysis End underline. Begin underline. Determination End underline.

Begin underline. Policy 3: Support the concept of a river parkway system for the riverbottom, in coordination with Fresno County, Madera County, public interest groups,
property owners and the State of California. End underline.

Begin underline. The Conservancy has worked in close
coordination with multiple agencies to
develop the proposed trail extension that
would serve all users and meets the goals
and policies of the San Joaquin River
Parkway Master Plan. End underline.

Begin underline. Consistent End underline.

Begin underline. Policy 5: Work towards the establishment of a precise alignment for the San Joaquin Bluffs/River Trail as part of the river parkway concept. End underline.

Begin underline. The proposed project would extend the
existing multiuse recreational trail by

2.4 miles on publicly owned lands. End underline.

Begin underline. Consistent End underline.

Begin underline. Policy 6: Ensure that the bluff vista points designated in this plan, excluding the two vista points already
committed through the subdivision process, are
developed in accordance with the specific standards
set forth in this plan. End underline.

Begin underline. The alignment of the proposed project
does not travel along the bluffs and would
not disturb existing vista points described
in the Community Plan. End underline.

Begin underline. Consistent End underline.

Begin underline. Policy 7: Maintain and enforce the requirements of the “BP” Bluffs Preservation Overlay District. End underline.

Begin underline. The alignment of the proposed project
would not travel along the bluff face. End underline.

Begin underline. Consistent End underline.

Begin underline. Section 5.6, “Palm-Nees Area Land Use” End underline.

Begin underline. Policy 1: The subject area shall be developed in accordance with the land use conditions recommended
by staff and with the land use and major street
circulation pattern depicted on Exhibit 5.6. Should
subsequent plan amendments for this area be
approved such that the Official Bullard Community Plan
Map differs from Exhibit 5.6, the provisions of the
Official Plan Map shall control. End underline.

Begin underline. Construction and operation of the
proposed project along the river bottom
would be consistent with the existing land
use designation of open space/multiuse. End underline.

Begin underline. Consistent End underline.

Begin underline. Section 5.9, “Bikeways” End underline. Begin underline. Goals and Polici es End underline. Begin underline. Consistency Analysis End underline. Begin underline. Determination End underline.

Begin underline. Amendment to the bikeways in the Bullard Community Planning area: End underline.

Begin underline. 1. End underline. Begin underline. Replace the concept of a bluffs bikeway with a riverbottom bikeway to be part of the San Joaquin
River Parkway. End underline.

Begin underline. The 1975 Bikeways Plan originally designated a continuous bikeway adjacent to the bluffs, between
Highways 41 and 99. However, these plans are
considered to be largely impractical in light of
substantial intervening development, including golf
courses, a general aviation airport, considerable
residential development on the bluffs and the fact that the Audubon scenic drive was moved away from the
bluff. Given the interest and impetus toward the
establishment of a San Joaquin River parkway, the
concept of a bluffs bikeway is recommended to be
replaced with the development of a continuous
bikeway as part of the river parkway system. End underline.

Begin underline. The proposed project would meet the
intent of this policy by extending a public
bikeway and pedestrian trail on the river
bottom between State Route 41 and
Spano Park, as a part of the planned
Parkway-wide multiuse trail from Friant
Dam to State Route 99. End underline.

Begin underline. Consistent End underline.

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3.11.4 Impact Analysis

3.11.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of land use are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact related to land use if it would:
• physically divide an established community;
• conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect; or • conflict with any applicable habitat conservation plan or natural community conservation plan.

3.11.4.2 Methodology
The Parkway Master Plan and City General Plan 2025 and General Plan Update 2035 were reviewed for this analysis. The City of Fresno updated its draft General Plan and Development Code on July 2, 2014.

The Draft Master EIR for the General Plan and Development Code Update 2035 was released for public review and comment on July 22, 2014. The Final Master EIR was released on December 5, 2015; the City approved the General Plan and Development Code 2035 on December 18, 2014.

The General Plan Update planning process began in 2011, before the NOP for this EIR was published.

Although the General Plan Update was approved after the publication date of the NOP, it is reasonable and appropriate to consider the policies and objectives of that document as part of the baseline setting for this EIR. In addition, the policies and objectives of the General Plan 2025 were in effect at the time the NOP was published.

3.11.4.3 Impacts and Mitigation Measures
Impact 3.11-1: The project could physically divide an established community.

The project site is located on an alluvial floodplain terrace along the south side of the San Joaquin River.

The River forms the boundary between Fresno and Madera counties, and the study area is within the Fresno city limits. The land use is open space/multiple use. The project site surrounds a private rural residential parcel of 20 acres, with two residences. The nearest urban development is located south of the project site, on the bluff that overlooks the area. Development of the trail extension, parking lot, and associated recreation amenities would not physically divide an established community. No impact would occur.

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Impact 3.11-2: The project could conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect.

The project encompasses approximately 358 acres on the south side of the River. A majority of the land is owned by the State, under the management of the Conservancy (typically referred to herein as “Conservancy land”). Two parcels that are owned by the City of Fresno are adjacent to Conservancy land; two stormwater detention basins that are owned by FMFCD are in the study area. Upper and lower access to the proposed stairway at Spano Park would occur on property owned by the City (Parcel No. 40203052ST). The Bluff Trail is also located on City-owned property. Construction of the stairway near Spano Park and the Bluff Trail access would occur on the steep slope of the bluff face. Fresno’s Bluff Preservation (BP) Overlay Zone District would require an engineering soils investigation and evaluation report to demonstrate that the site is, or methods exist for the site to be made, sufficiently stable to support the proposed development within 300 feet of the toe of the bluffs (Policy I-4-a of the General Plan 2025 and Policy POSS-7-f of the General Plan Update 2035). These proposed improvements involving City property would require a permit or agreement variance from the City of Fresno.

The project would include public pedestrian and bicycle access to the project site via an existing entrance to the Bluff Trail at River View Riverview Drive. The existing access road into the study area at West Riverview Drive is on Conservancy property, with a private easement, allowing access to the two rural residences. With project implementation, this road would be used by public agencies for vehicle access for operations, maintenance, management, patrols, and emergency response. Therefore, the project would be consistent with Policies POSS-7-g and POSS-7-i of the General Plan Update 2035. The Conservancy, as a State entity, is not subject to local government land use planning; therefore, the City of Fresno’s General Plan is not an “applicable” plan under State CEQA Guidelines Section 15125(d). The consistency with local plans in this document is discussed for informational purposes only. Therefore, to the degree that the project includes only activities on State-owned land, the proposed project would not conflict with an applicable land use plan or policy.

Similarly, the proposed project would be consistent with parks and recreation policies of the Bullard Community Plan by extending a public bikeway and pedestrian trail on the river bottom between SR 41 and Spano Park. The proposed project also can be found consistent with the special policies of the River bottom and bluffs by providing buffers, landscaping, features, and management measures to minimize impacts on private residences.

Furthermore, the project would locate recreational activities away from sensitive natural resources and residential uses, and would locate new facilities in previously disturbed areas to the extent feasible, consistent with Policies NRD1.1 and RO1 of the Parkway Master Plan. Appropriate buffer zones between the trail and wildlife habitat would be provided between recreation facilities, consistent with Policies NP1, I
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NP8, NRD1.1, RP7, BZ3, and BZ8 of the Parkway Master Plan and Policies POSS-7-d and POSS-7-e of the General Plan Update 2035. The project would not conflict with Parkway Master Plan or City land use policies or regulations. The impact would be less than significant. No mitigation is required.

Impact 3.11-3: The project could conflict with an applicable habitat conservation plan or natural community conservation plan.

No habitat conservation plans or natural community conservation plans are applicable to the project site, although the Parkway Master Plan contains some elements typical of such plans. The project would not conflict with any applicable habitat conservation plan or natural community conservation plan. No impact would occur.

3.12 Mineral Resources

3.12.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts of the project on mineral resources. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR. No comments were made related to impacts on mineral resources.

3.12.2 Env ironmental Setting
Fresno County has been a leading producer of minerals. As early as 1936, gravel, sand, and rock excavation and processing was occurring along the River near SR 99. Sand and gravel mining began in the study area in 1961 and continued until 1976. The San Joaquin River Parkway and Conservation Trust acquired the sand and gravel rights on August 25, 2003. The land (surface rights) was acquired by the State in 2003. The study area is classified as MRZ-1, areas where adequate information exists that no significant mineral deposits are present or where it is judged that little likelihood exists of their presence.

Figure 7-12 in the County Background Report (County of Fresno 2000a) labels the study area as Aggregate Resource Depleted. Four ponds created by past sand and gravel excavation are present on the project site.

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3.12.3 Regulatory Setting

3.12.3.1 Federal Laws, Regulations, and Policies
No federal laws, regulations, or policies related to mineral resources apply to the project.

3.12.3.2 Sta te Laws, Regulations, and Policies
Surface Mining and Reclamation Act
Sections 2761(a), 2761(b), and 2790 of the Surface Mining and Reclamation Act (SMARA) provide a mineral lands inventory process. The California Geological Survey and the State Mining and Geology Board are the State agencies responsible for inventorying mineral lands. The primary objective of the process is to provide local agencies with information about the locations, need, and importance of minerals within their respective jurisdictions. SMARA also regulates the closure and reclamation of sand and gravel mines. However, mining at the project site generally preceded SMARA’s enactment in 1975, and reclamation of the property was not as aggressive as it would have been at a later time.

The study area is classified as MRZ-1 and as Aggregate Resources Depleted.

San Joaquin River Parkway Master Plan
The Conservancy develops and manages its projects and lands under its jurisdiction in the Parkway through policies included in the Parkway Master Plan. The Parkway Master Plan (Appendix B) contains goals, objectives, and policies designed to prevent conflict between Parkway uses and sand and gravel mining in the vicinity of those uses. These policies do not necessarily avoid impacts but may lessen them.

3.12.3.3 Local Laws, Regulations, and Policies
The study area is classified as MRZ-1 and as Aggregate Resources Depleted. No local laws, regulations, or policies relate to these classifications or the mineral resources of the study area.

3.12.4 Impact Analysis

3.12.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis on mineral resources are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact related to mineral resources if it would:
• 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; or I
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• 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.

3.12.4.2 Methodology
The analysis of the project’s potential impacts on mineral resources was based on an assessment of effects on existing resources. In determining the extent and implications of the impacts, consideration was given to the presence of mineral deposits, including aggregate resources as described in the General Plan Update 2035 and the County Background Report (County of Fresno 2000a).

3.12.4.3 Impacts and Mitigation Measures
Impact 3.12-1: The project could 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.

As stated above, the County Background Report (County of Fresno 2000a) classifies the study area as MRZ-1 and Aggregate Resources Depleted. Most of the study area was previously surface mined for sand and gravel. Project implementation would not cause the loss of mineral resources valuable to the region and the State. No impact would occur.

Impact 3.12-2: The project could 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.

Between 1961 and 1976, sand and gravel mining took place in the study area. An estimated 4 million tons of mineral reserve are still present (Marks, pers. comm., 2016). In 2003, the land was acquired by the Conservancy and the mineral rights were acquired by the San Joaquin River Parkway and Conservation Trust. The study area is shown as being zoned MRZ-1, an area where no significant mineral deposits are present. In addition, the General Plan 2025 states that the study area was redesignated as MRZ-1 because the area was determined not to have regionally significant aggregate mineral resources (City of Fresno 2002). No impact would occur.

3.13 Noise

3.13.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts of the project related to noise. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures.

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3.13.2 Environmental Setting

3.13.2.1 Noise
Generally, noise is considered unwanted sound. Sound levels are measured in decibels (dB). Unless otherwise stated, all sound levels reported in this section are A-weighted sound pressure levels in dB. A- weighting deemphasizes the very low and very high frequencies of sound in a manner similar to the human ear. Most community noise standards use A-weighted sound levels, as they correlate well with public reaction to noise. The noise descriptor “day-night average level,” which is commonly used in this section, is abbreviated as “L
dn” or “DNL.” Table 3.13-1 defines dB and other technical terms.

Table 3.13-1 Acoustical Terminology
Term Definition
Decibel, dB A unit describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

Frequency, Hz The number of complete pressure fluctuations per second above and below atmospheric pressure.

A-Weighted Sound
Level, dBA
The sound pressure level in decibels as measured on a sound level meter using the A- weighting filter network. The A-weighting filter deemphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise. All sound levels in this report are A-weighted.

L01, L10, L50, L90 The A-weighted noise levels that are exceeded 1%, 10%, 50%, and 90% of the time during the measurement period.

Equivalent Noise
Level, Leq
The average A-weighted noise level during the measurement period.

Community Noise
Equivalent
Level, CNEL
The average A-weighted noise level during a 24-hour day, obtained after addition of 5 decibels in the evening from 7:00 p.m. to 10:00 p.m. and after addition of 10 decibels to sound levels in the night between 10:00 p.m. and 7:00 a.m.

Day/Night Noise
Level, Ldn (DNL)
The average A-weighted noise level during a 24-hour day, obtained after addition of 10 decibels to levels measured in the night between 10:00 p.m. and 7:00 a.m.

Lmax, Lmin The maximum and minimum A-weighted noise levels during the measurement period.

Ambient Noise Level The composite of noise from all sources near and far. The normal or existing level of environmental noise at a given location
Intrusive That noise that intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends on its amplitude, duration, frequency, and time of occurrence and tonal or information content as well as the prevailing ambient noise level.

Source: Data compiled by AECOM in 2016
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3.13.2.2 Groundborne Vibration
Vibration is sound radiated through the ground. The rumbling sound caused by the vibration of room surfaces is called groundborne noise. The ground motion caused by vibration is measured as particle velocity in inches per second and is referenced as vibration decibels (VdB).

The background vibration velocity level in residential areas is usually 50 VdB or lower, well below the threshold of perception for humans, which is around 65 VdB (FRA 2005). Annoyance from vibration often occurs when the vibration exceeds the threshold of perception by 5–10 decibels. Most perceptible indoor vibration is caused by sources within buildings such as operation of mechanical equipment, movement of people, or the slamming of doors. The primary outdoor sources of perceptible groundborne vibration are construction equipment, steel-wheeled trains, and traffic on rough roads. If a roadway is smooth, the groundborne vibration from traffic is rarely perceptible. The vibration level that may result in damage threshold to normal buildings is approximately 100 VdB (FRA 2005). Table 3.13-2 describes the general human response to different levels of groundborne vibration velocity levels.

Table 3.13-2 Human Response to Different Levels of Groundborne Vibration Vibration Velocity Level Human Reaction
65 VdB Approximate threshold of perception for many people. 75 VdB Approximate dividing line between barely perceptible and distinctly perceptible. Many people find that transportation-related vibration at this level is unacceptable. 85 VdB Vibration acceptable only if there are an infrequent number of events per day.

Note: VdB = vibration decibels
Source: FRA 2005

3.13.2.3 Sensitive Receivers
Land uses generally regarded as being sensitive to elevated noise levels include facilities such as residences, hospitals, schools, guest lodging, and classrooms. The study area is located on an alluvial floodplain terrace along the San Joaquin River about 60 feet below the river bluffs. The existing ambient sound or noise environment in the immediate project vicinity is consistent with that of open space or riverine settings and is defined primarily by natural sounds (e.g., wind, birds, and insects). Roadway noise is generated by traffic along SR 41, which crosses the River on the northeast border of the project area.

The off-site noise-sensitive receptors closest to the project site are the residences located on the bluff adjacent to the southern project site boundary.

3.13.3 Regulat ory Setting

3.13.3.1 Federal Laws, Regulations, and Policies
No federal laws, regulations, or policies related to noise apply to the project.

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3.13.3.2 State Laws, Regulations, and Policies
California Department of Public Health
The California Department of Public Health has evaluated community noise and studied the correlation between noise levels and effects on various land uses. Based on this analysis, guidelines have been established to evaluate the compatibility of various land uses as a function of community noise exposure.

Section 65302(f) of the California Government Code requires each community to prepare and adopt a comprehensive long-range general plan for development. These plans consist of seven mandatory elements, including a noise element. Based on State of California guidance, the noise element must identify and appraise noise problems in the community, recognize the guidelines from the State’s Office of Noise Control, and analyze and quantify current and projected noise levels.

Table 3.13-3 presents general guidelines for environmental noise levels and land use compatibility. Many agencies, environmental planners, and acoustical specialists use these guidelines as a starting point to evaluate the potential for noise impacts on and by the project. The guidelines are designed to achieve noise compatibility with respect to nearby existing uses.

San Joaquin River Parkway Master Plan
The Conservancy develops manages its projects and lands under its jurisdiction in the Parkway through policies included in the Parkway Master Plan. The Parkway Master Plan (Appendix B) contains goals, objectives, and policies that apply to the project area. The Parkway Master Plan EIR contained mitigation measures related to noise that have been incorporated into the BMPs presented in Section 2.5.1 2.5.2.

These measures do not necessarily avoid impacts but may lessen them.

3.13.3.3 Loca l Laws, Regulations, and Policies
City of Fresno General Plan 2025
The City’s General Plan 2025 maintains the same indoor and outdoor ambient noise limits as the Fresno County General Plan, but refines noise quantification and control procedures to reflect current planning and sound engineering practices.

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Community Noise Exposure
DNL or CNEL, dB
55 6065 70 75 80
Residential—Low Density
Single Family, Duplex,
Mobile Homes
Normally AcceptableNormally AcceptableConditionally Acceptable Normally Unacceptable
Normally Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Residential—Multifamily Normally AcceptableNormally Acceptable Normally Acceptable
Conditionally AcceptableNormally Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Transient Lodging—
Motels, Hotels
Normally AcceptableNormally AcceptableNormally Acceptable Conditionally AcceptableConditionally AcceptableNormally Unacceptable Normally Unacceptable
Clearly Unacceptable
Schools, Libraries,
Churches, Hospitals,
Nursing Homes
Normally AcceptableNormally Acceptable
Normally Acceptable Conditionally Acceptable
Conditionally AcceptableNormally Unacceptable
Normally Unacceptable
Clearly Unacceptable
Auditoriums, Concert Halls,
Amphitheaters
Normally Unacceptable
Normally Unacceptable
Normally Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Sports Arena, Outdoor
Spectator Sports
Normally UnacceptableNormally UnacceptableNormally Unacceptable Normally Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Playgrounds,
Neighborhood Parks
Normally AcceptableNormally Acceptable
Normally Acceptable
Normally Acceptable
Normally Unacceptable
Normally Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Golf Courses, Riding
Stables, Water Recreation,
Cemeteries
Normally AcceptableNormally AcceptableNormally Acceptable Normally Acceptable
Normally Unacceptable
Normally Unacceptable
Clearly Unacceptable
Office Buildings, Business
Commercial and
Professional
Normally AcceptableNormally Acceptable
Normally Acceptable
Normally Acceptable
Normally Unacceptable
Normally Unacceptable
Clearly Unacceptable
Clearly Unacceptable
Industrial, Manufacturing,
Utilities, Agriculture
Normally AcceptableNormally AcceptableNormally Acceptable Normally Acceptable
Normally Acceptable
Conditionally Acceptable
Conditionally Acceptable Normally Unacceptable
Normally Unacceptable
Interpretation:

Normally Acceptable:

Specified land use is satisfactory,
based upon the assumption that
any buildings involved are of normal
conventional construction, without
any special noise insulation
requirements
Conditionally Acceptable:

New construction or development
should be undertaken only after a
detailed analysis of the noise
reduction requirements is made and
needed noise insulation features
included in the design.

Conventional construction, but with
closed windows and fresh air supply
systems or air conditioning will
normally suffice
Normally Unacceptable:

New construction or development
should generally be discouraged. If
new construction or development
does proceed, a detailed analysis of
the noise reduction requirements
must be made and needed noise
insulation features included in the
design.

Clearly Unacceptable:

New construction or development
should generally not be undertaken
Source: California Department of Health Services 1990
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Fresno Municipal Code
The City of Fresno Municipal Code has adopted standards and guidelines for specific noise levels associated with various land uses. “Ambient noise” is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. “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. The City of Fresno noise level guidelines (Table 3.13-4) lists the desired maximum noise value along with the acceptable maximum noise value for each land use category. All ambient noise measurements begin at the base ambient noise levels in dBA listed for the respective times and zones shown in Table 3.13-4.

Table 3.13-4 City of Fresno Noise Ordinance—Ambient Noise Levels Noise Level Time Period Zone Use
50 dBA 10:00 p.m.–7:00 a.m. Residential
55 dBA 7:00 a.m.–10:00 p.m. Residential
60 dBA 7:00 a.m.–7:00 p.m. Residential
60 dBA 10:00 p.m.–7:00 a.m. Commercial
65 dBA 7:00 a.m.–10:00 p.m. Commercial
70 dBA Anytime Industrial and commercial
Note: dBA = A-weighted decibels
Source: City of Fresno 2015

Section 10-103 of the City of Fresno Municipal Code establishes ambient noise criteria by zone use and time and standard for the base ambient noise level. Section 10-106 states that a 5 dB exceedance above the ambient base noise level constitutes a violation of Section 8-305. However, Section 10-109 exempts construction activities from the noise article of the City of Fresno Municipal Code.

3.13.4 Impact Analysis

3.13.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of noise are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant noise impact if it would:
• result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; • result in exposure of persons or generation of excessive groundborne vibration or groundborne noise levels; I
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• result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project;
• result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project;
• for a project location within an airport land use plan, or where such a plan has not been adopted, within 2 miles of a public airport or public use airport, expose people residing or working in the study area to excessive noise levels; or
• for a project within the vicinity of a private airstrip, expose people residing or working in the study area to excessive noise levels.

3.13.4.2 Methodology
The analysis of the project’s potential impacts was based on a comparison of project noise levels to ambient noise levels. In determining the extent and implications of the impacts, consideration was given to the type and noise generated by construction equipment, operating hours, and duration of construction and to the anticipated noise level from the proposed recreational use of the project site.

3.13.4.3 Impacts and Mitigation Measures
Impact 3.13-1: The project would result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.

Temporary Impacts. Various activities would occur on the project site throughout the construction period; however, the potential for noise impacts is likely to be greatest during site preparation and grading, when several pieces of equipment may operate simultaneously. For the project, the site grading phase would include soil grading and excavation for the trail extension and parking lot, foundations of buildings (restrooms), and underground utilities. The proposed structures would use spread footings or concrete mat foundations; therefore, no pile driving would be required. Table 3.13-5 and Table 3.13-6 depict the typical noise levels associated with heavy construction equipment. Maximum noise levels from the use of heavy equipment can range from about 74 to 85 dBA at 50 feet from the source.

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Table 3.13-5 Construction Equipment Noise Levels
Equipment Acoustical Usage Factor (%)1 Measured Lmax (dB at 50 feet) Backhoe 40 78
Compactor (ground) 20 83
Dozer 40 82
Dump Truck 40 76
Excavator 40 81
Flat Bed Truck 40 74
Front-End Loader 40 79
Generator 50 81
Grader 40 83
Pickup Truck 40 75
Pneumatic Tools 50 85
Roller 20 80
Scraper 40 84
Notes: dB = decibels; Lmax = maximum noise level
1 The fraction of time each piece of construction equipment is operating at full power (i.e., its loudest condition) during a construction operation.

Source: FHWA 2006

Table 3.13-6 Maximum Construction Noise Levels at Various Distances from Project Distance from Construction Maximum Exterior Noise Level (dBA) 25 feet 91
50 feet 85
100 feet 79
250 feet 71
500 feet 65
1,000 feet 59
Note: dBA = A-weighted decibels
Source: FHWA 2006
Noise attenuation is generally described as a reduction in decibel level per doubling of distance from the source. Depending on the nature of the noise source, noise propagates at different rates. Topography, vegetation, and atmospheric factors can also affect the rate of noise attenuation.

Project construction activities would result in a short-term, temporary increase in ambient noise levels.

T
he operation of construction equipment would generate noise. The increased noise level would be experienced primarily close to the noise source (in the vicinity of the project site, e.g., residences). The magnitude of the impact would depend on the type of construction activity, the noise level generated by various pieces of construction equipment, the duration of the construction phase, and the distance between the noise source and receiver. The construction phase of the project would involve site preparation, construction of the trail extension foundation; a restroom building, and parking lot; and site cleanup. I
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The temporary impact from construction noise, although exempt from the City’s Noise Ordinance, would be potentially significant.

Long-Term Impacts. Operation of the project for recreational use would not expose visitors or receptors to noise levels in excess of standards. Noise would be generated by people, horses, and vehicles entering the site and by occasional vehicles and equipment for operations, maintenance, and management. The resulting noise levels would meet standards for the area and adjacent uses. The operational impact would be less than significant. No mitigation is required.

Mitigation Measure Noise-1
The plans, specifications, and bid documents for each construction project shall include noise control measures to reduce noise impacts to the extent feasible. The measures shall include the following:
• The project shall be designed to meet the City of Fresno’s standards for nonscheduled, intermittent, short-term operations of mobile construction equipment (e.g., backhoes, bulldozers, motor graders, and scrapers), and the noise standards for repetitively scheduled and relatively long-term construction operation of stationary equipment (e.g., compressors and generators).
• Muffled construction equipment shall be used whenever possible. • Impact noise associated with construction shall be minimized by using noise control techniques, procedures, and acoustically treated equipment. For example, when practical, bins used to transport excavated material, including rocks and debris, could be constructed of nonmetallic liner to reduce impact noise; similarly, dump trucks could have resilient bed liners installed to minimize impact noise.
• Construction hours shall be restricted to meet City of Fresno standards, which restrict hours of construction to between 7 a.m. and 9 p.m., Monday through Saturday, and prohibit activity on Sundays and federal holidays.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Noise-1 would reduce the potential temporary impact to less than significant because the Conservancy and its contractor would use muffled construction equipment and construction would occur between 7 a.m. and 9 p.m., Monday through Saturday. No additional mitigation is required.

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Impact 3.13-2: The project could result in exposure of persons or generation of excessive groundborne vibration or groundborne noise levels.

Temporary Impacts. Construction activities produce ground vibrations that can affect nearby structures and improvements by affecting the soil that supports the structure and/or by vibrating the structure.

Construction activities such as pile driving and blasting can produce strong levels of vibration and are commonly cited as the cause of damage to nearby structures and annoyance to people. No aspect of the project is expected to produce excessive groundborne vibration or groundborne noise levels. No pile driving or surface blasting is proposed. Groundborne vibrations during construction would be temporary and would be caused primarily by excavation or compaction. The construction impact would be less than significant. No mitigation is required.

Long-Term Impacts. Groundborne vibration is an oscillatory motion through a solid medium and is typically generated by human activities. Operation of the project for recreational use would not generate groundborne vibration. No impact would occur during project operation.

Impact 3.13-3: The project could result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project.

Noise associated with visitor use such as talking, occasional shouting, and music (e.g., radios, guitars) would occur during the day when the trail extension is open to public use. Visitor noise exposure to homeowners on the bluff would be attenuated by the distance and elevation height of the bluff. The impact would be less than significant. No mitigation is required.

Impact 3.13-4: The project could result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project.

The temporary or periodic impact related to ambient noise levels in the project vicinity would be the same as the long-term impact described under Impact 3.13-3. The impact would be less than significant. No mitigation is required.

Impact 3.13-5: The project could expose people residing or working in the study area to excessive noise levels because of having a project location within an airport land use plan, or where such a plan has not been adopted, being within 2 miles of a public airport or public use airport.

The study area is not located within 2 miles of an airport. The closest airport is the Sierra Sky Park Airport, 4.5 miles to the west. Valley Children’s Hospital, located across the River in Madera County, maintains an emergency transport helicopter service. The hospital helipad is about 0.5 mile from the study area. Because noise from helicopter emergency service is intermittent and temporary, the impact would be less than significant. No mitigation is required.

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Impact 3.13-6: The project could expose people residing or working in the study area to excessive noise levels because it would be in the vicinity of a private airstrip.

The nearest private airport to the study area is the Sierra Sky Park Airport, 4.5 miles to the west. No impact would occur.

3.14 Population and Housing

3.14.1 Introduction
This section describes the existing setting of the project area with regard to population, employment, and housing and analyzes the potential impacts of the project on population and housing.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR. No comments were made regarding impacts on population and housing.

3.14.2 Env ironmental Setting
The study area is located in the northern part of the city of Fresno, near the San Joaquin River. The River serves as a border between Fresno and Madera counties. Fresno is the largest city in the San Joaquin Valley and the fifth largest city in the state. Fresno was incorporated in 1885; by 1890, the city’s population had grown to 10,000. As of 2010, Fresno’s population exceeded 500,000. Fresno County has a current population of 930,000. The city of Fresno’s population is predicted to grow up to 970,000 by 2056, while the county’s population will grow to 1.6 million by 2056 (City of Fresno 2014a).

The median household income for the city of Fresno was $45,563, about 8% higher than the county median of $42,015 (City of Fresno 2014a). There are no unincorporated disadvantaged communities in the vicinity of the project area. However, several disadvantaged community census tracts exist nearby. To facilitate the identification of low-income and highly polluted areas, OEHHA and CalEPA have adopted the California Communities Environmental Health Screening Tool, more commonly known as “CalEnviroScreen,” which identifies disadvantaged communities or census tracts (OEHHA 2016). The main goal is to accurately locate areas/neighborhoods using pollution “scores.” CalEnviroScreen is a science-based tool that measures environmental, socioeconomic, and health indicators. A more detailed discussion of disadvantaged communities or census tracts is found in Section 4.2, “Environmental Justice Considerations.”—Disadvantaged Communities.”
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3.14.3 Regulatory Setting
No federal, State, or local laws, regulations, or policies related to population and housing apply to the project, other than demographic and economic issues discussed in Section 4.2, “Environmental Justice Considerations.”—Disadvantaged Communities.”

3.14.4 Impact Analysis

3.14.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of population and housing are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on population and housing if it would:
• induce substantial 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);
• displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere; or
• displace substantial numbers of people, necessitating the construction of replacement housing elsewhere.

3.14.4.2 Methodology
The analysis of the project’s potential impacts was based on an assessment of the project’s effects on population and housing in the vicinity of the project area. In determining the extent and implications of the impacts, the City’s General Plan 2025 and General Plan Update 2035 were reviewed and established the basis for this analysis.

3.14.4.3 Impacts and Mitigation Measures
Impact 3.14-1: The project could induce substantial 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).

Project construction would not induce substantial population growth, either by extending roads or infrastructure or by proposing new businesses and homes. The project would be an extension of the Eaton Trail near the San Joaquin River. No impact would occur.

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Impact 3.14-2: The project could displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere.

The project would be an extension of a multiuse trail in an open space area and would not displace substantial numbers of existing housing. No impact would occur.

Impact 3.14-3: The project could displace substantial numbers of people, necessitating the construction of replacement housing elsewhere.

As stated above, the project would extend a trail in an open space area. It would not displace substantial numbers of people. No impact would occur.

3.15 Public Services

3.15.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts of the project on public services. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR. No comments were made related to impacts on public services.

3.15.2 Environmental Setting
The Fresno Fire Department provides fire protection and emergency services to the city of Fresno. The department has 24 fire stations, including one aircraft rescue and firefighting station located at Fresno Yosemite International Airport. The two closest fire stations are located 2.5 miles from the project area:

Fire Station #2, located at 7114 N. West, and Fire Station #13, located at 815 E. Nees.

The City of Fresno has five police stations. The headquarters are located near the intersection of Mariposa Street and O Street. The closest police station is the Northeast Policing District Station, located at 1450 E. Teague Avenue.

Bluff View Private Preschool and Kindergarten is located at 7805 North Palm Avenue, about 0.5 mile southwest of the project site. Other public facilities near the project site include the Woodward Park Regional Library, Valley Children’s Hospital, and Fresno Heart and Surgical Hospital. The regional library is located 3 miles from the site, while Valley Children’s Hospital is about 0.5 mile north of the project area.

The Fresno Heart and Surgical Hospital is about 1 mile from the site.

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The project area is west of and adjacent to the City’s Woodward Park, a large regional park, and Jensen River Ranch/Tom MacMichael Sr. Loop Trail, a Parkway open space area adjacent north of Woodward Park and operated by the City. The City’s multiple-use Eaton Trail currently leads from Woodward Park and terminates at the eastern boundary of the project area. Spano Park, a City pocket park, lies adjacent south of the project area; the Bluff Trail, a public trail operated by the City, also lies adjacent to the south.

The project would connect all of these public park facilities through a system of on-site trails. Tables 5.13- 4 and 5.13-5 of the Draft Master EIR for the City’s General Plan and Development Code Update 2035 (City of Fresno 2014b) show the types of parks and facilities located in the city.

3.15.3 Regul atory Setting

3.15.3.1 Federal Laws, Regulations, and Policies
No federal laws, regulations, or policies related to public services apply to the project.

3.15.3.2 Stat e Laws, Regulations, and Policies
No State regulations regarding public services are applicable to the project.

The Conservancy Act and Parkway Master Plan (Appendix B) contain policies related to providing Parkway recreation facilities and services and are discussed in Section 3.16, “Recreation.”

3.15.3.3 Local Laws, Regulations, and Policies
The City’s General Plan 2025 includes the following objectives and policy related to fire protection:
• Objective E-25: Ensure that fire protection, emergency medical and all emergency services are provided in an adequate, efficient and cost-effective manner. • Objective E-26: Ensure that the Fire Department’s staffing and equipment services are sufficient to implement all requests for fire and emergency service from the citizens of Fresno. o Policy E-26-b.: Provide an average response time of not more than five minutes for all emergency requests for services within the metropolitan area.

3.15.4 Impact Analysis

3.15.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of public services are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on public services if it would:

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• result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services: fire protection, police protection, schools, parks, or other public facilities.

3.15.4.2 Methodology
The City’s General Plan 2025 and General Plan Update 2035 were reviewed and established the baseline setting for this analysis.

3.15.4.3 Impacts and Mitigation Measures
Impact 3.15-1: The project could result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, to maintain acceptable service ratios, response times, or other performance objectives for any of the public services.

The closest fire stations are Fire Station #2, located at 7114 N. West, and Fire Station #13, located at 815 E. Nees. The project would not require construction or alteration of existing fire facilities, and would not affect response times. No impact related to fire protection would occur.

The closest police station is located at 1450 E. Teague Avenue (near the intersection of Cedar and Teague Avenues), which is 3 miles away from the project site. The project would not affect policing the response times. No impact related to police protection would occur.

The closest school to the project area is the Bluff View Private Preschool and Kindergarten, located at 7805 N. Palm Avenue, about 0.5 mile away. The project would not physically alter the school or affect student education performances. No impact on schools would occur.

Woodward Park is a public park located in Fresno, abutting the San Joaquin River, and is the largest of the three major public parks in the Fresno area. The project would not physically alter Woodward Park facilities. A discussion of recreation-related impacts of the project on Woodward Park and other recreation facilities is discussed in Section 3.16, “Recreation.” No impact on park facilities would occur.

Other public facilities near the project site include the Woodward Park Regional Library, Valley Children’s Hospital, and Fresno Heart and Surgical Hospital. The regional library is located 3 miles from the site, while Valley Children’s Hospital is about 0.5 mile north of the project area. The Fresno Heart and Surgical Hospital is about 1 mile from the site. The project would not physically alter these facilities. No impact on other public facilities would occur.

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3.16 Recreation

3.16.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts of the project on recreation. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR, including recreation.

3.16.2 Env ironmental Setting
The physical environmental setting has been described in previous sections of this DEIR, such as the Aesthetics and Biological Resources sections. The environmental setting also includes recreation activities and exercise, fundamentals of a healthy life. The benefits include greater productivity, less disease, and a brighter future. According to the California Outdoor Recreation Planning Program (State Parks 2005), recreation and exercise result in:
• more energy and capacity for work and leisure activities; • greater resistance to stress, disease, anxiety, fatigue, and a better outlook on life; • increased stamina, strength, and flexibility;
• improved efficiency of the heart and lungs;
• loss of extra pounds or body fat;
• help in remaining at a desirable weight; and
• reduced risk of heart attack.

Recreational opportunities have become an integral part of establishing and sustaining a higher quality of life. Recreational opportunities can positively affect all members of a community. Benefits include improving social, economic, and educational factors in the following ways (State Parks 2005):
• connecting people within the community regardless of income, background, and ability; • improving the quality of life in the community and helping to attract businesses and visitors to the area;
• protecting the environment by establishing greenways, natural areas, and open spaces; • providing new and enhanced recreation opportunities; and I San Joaquin River Conservancy
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• providing benefits to individuals and the community by through physical fitness and self- improvement.

The Trust for Public Land has consistently ranked Fresno near the bottom of an annual survey of the amount of parks and open space for residents in cities across the U.S. (Trust for Public Land 2014). As the population of Fresno continues to grow, there will be a greater need for the City of Fresno and other government service providers to deliver additional recreation space and programs for the community.

3.16.2.1 Parks
Woodward Park is located east of and nearly adjacent to the project area. This park is named for Ralph Woodward, a longtime Fresno resident. Woodward bequeathed the major portion of his estate to the City in 1968 to provide a regional park and bird sanctuary in northeast Fresno on the south bank of the River, between SR 41 and Friant Road. He bequeathed 235 acres and the City later acquired additional acres, increasing the park’s size to 300 acres. Woodward Park is the only regional park of its size in the Central Valley. The southeast corner of the park harbors numerous bird species, offering bird enthusiasts an excellent opportunity for viewing. The park has a multiuse amphitheater that seats up to 2,500 people, an authentic Shinzen Japanese garden, a fenced dog park, an exercise par course, three children’s playgrounds, an artificial lake and three smaller ponds, and seven picnic areas (with barbeques, electricity, and water fountains). The park’s nine parking lots provide 2,500 parking spaces. Table 3.16-1 presents average weekly visitor use of Woodward Park for the years 2013 to 2015. Table 3.16-2 presents visitor use of Woodward Park on two national holidays in the summer of 2014 and 2015.

Table 3.16-1 Weekly Visitor Use by Car, Woodward Park
Year Average No. Cars Per Week
2013 2,613
2014 2,781
2015 2,887
Source: Data compiled by AECOM in 2016

The City’s multiple-use Eaton Trail (a completed segment of the planned Parkway-wide multiple-use trail) currently leads from Woodward Park and terminates at the eastern boundary of the project area near the Perrin Avenue undercrossing of SR 41.

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Memorial Day
May 27, 2013 Monday 1,138
May 26, 2014 Monday 798
May 25, 2015 Monday 1,352
May 30, 2015 Monday 733
5-Year Average Memorial Day Holiday 1,005
Source: Data compiled by AECOM in 2016
Independence DayDate Day of Week No. of Cars
July 4, 2013 Thursday 139
July 4, 2014 Friday 280
July 4, 2015 Saturday 493
July 4, 2016 Monday 205
5-Year Average Independence Day 1,024
Spano Park, a City pocket park, lies adjacent and south of the project area; the Bluff Trail, a public trail operated by the City, lies adjacent and south as well. The project would connect all of these public park facilities through a system of on-site trails. There are 17 parking spaces at Spano Park. Table 3.16-3 shows visitor use by parked car during the 2014 Memorial Day weekend.

Table 3.16-3 Visitor Use of Spano Park by Car, Memorial Day Weekend 20141 Date 7:00 A.M. to 9:00 A.M. 10:00 A.M. to 12:00 Noon 4:00 P.M. to 6:00 P.M.

May 24, 2014 5 3 9
May 25, 2014 2 4 15
May 26, 2014 5 6 19
Daily Total 12 13 43
1 Parking survey conducted by AECOM.

Source: Data compiled by AECOM in 2016

3.16.2.2 Trails
The Bluff Trail is an existing neighborhood trail located on land owned by the City of Fresno. The trail follows the alignment of the Perrin Canal just below the bluff crest. Public access is provided by two gated entrances, one at Churchill Avenue and the other at West Riverview Drive. The gates are opened and closed daily by City employees.

The City has a total of 134 miles of Class I, II, and III bike paths. A Class I bike path is usually located away from vehicles, such as in parks or along creeks, and used exclusively by pedestrians and cyclists.

Class II bike paths are striped lanes set aside on city streets with painted lines on streets, and Class III bike paths are signed shared roadways and are located on streets shared by bicyclists and vehicles. Of A=COM Page 3-172

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the 134 miles of bike paths in Fresno, 14 are Class I, 113 are Class II, and seven are Class III bike paths.

The existing Eaton Trail is a Class I bike path that currently ends near the Perrin Avenue undercrossing of SR 41. The project would extend the existing Eaton Trail by approximately 2.4 miles.

3.16.3 Regulatory Setting

3.16.3.1 Federal Laws, Regulations, and Policies
No federal laws, regulations, or policies related to recreation apply to the project.

3.16.3.2 State L aws, Regulations, and Policies
San Joaquin River Conservancy Act
The Conservancy Act states, “The conservancy shall be responsible for operation and maintenance of the parkway. The conservancy shall close to the public any lands or facilities which it is unable to maintain in a clean and safe manner and to adequately protect the wildlife and rights of adjacent property owners from the public, including areas downstream from the Highway 99 crossing affected by the use of the parkway” (PRC Section 32511).

San Joaquin River Parkway Master Plan
The Conservancy develops and manages its projects and lands under its jurisdiction in the Parkway through policies included in the Parkway Master Plan. The Parkway Master Plan (Appendix B) contains goals, objectives, and policies that apply to the project area in relation to recreation, including the following goal and policies:

Goal RA3: Manage recreational uses to reduce or eliminate indiscriminate activities trespass on private land, and human impacts on sensitive habitat areas.
o Policy RO2: Prevent and control undesirable activities and unlawful conduct in the Parkway.
o Policy RP8: Have rangers and other Parkway personnel prevent and control undesirable activities and unlawful conduct as their most important responsibility.

These goals, objectives, and policies do not necessarily avoid impacts but may lessen them.

3.16.3.3 Local Laws, Regulations, and Policies
City of Fresno Bicycle, Pedestrian, & Trails Master Plan The City of Fresno Bicycle, Pedestrian, & Trails Master Plan (City of Fresno 2010) includes the following applicable policies:

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• Policy E-15-d: Ensure that potential trail corridors will generally be accessible to all members of the community, including young children, the physically impaired, and the elderly. Exceptions may be made where existing physical features or conditions warrant maintaining more natural grades, alignments, and unpaved surfaces.
• Policy F-1-d: Provide for the continuing development of a public system to meet the community’s needs for both active and passive recreation with an adequate supply of recreational space, an appropriate mix of park types, and an equitable distribution of these facilities.

Figure 2-2 on page 28 of the master plan shows the locations of bike trails, including the existing Eaton Trail, categorized as a Class I bike path. The trail has features that other Class I paths in the area lack.

Among the trail’s features are restrooms, drinking fountains, and parking areas.

County of Fresno
The County of Fresno’s Regional Bicycle & Recreational Trails Master Plan (County of Fresno 2013) was created through the coordinated efforts of the County of Fresno Department of Public Works and Planning, the Fresno Council of Governments (COG), the Fresno Cycling Club, the City of Fresno Bicycle Pedestrian Advisory Committee, various government and nonprofit agencies, and citizens interested in improving the bicycling environment of Fresno County. The plan provides a comprehensive long-range view for the development of an extensive regional bikeway and recreational trails network that connects cities and unincorporated areas countywide, and includes the planned Parkway multiuse trail.

3.16.4 Impact A nalysis

3.16.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of recreation resources are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on recreation resources if it would:
• increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or • include recreational facilities or require the construction or expansion of recreational facilities that may have an adverse physical effect on the environment.

3.16.4.2 Methodology
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consideration was given to the Parkway Master Plan, the City’s General Plan 2025 and General Plan Update 2035, and the City of Fresno Bicycle, Pedestrian, & Trails Master Plan (City of Fresno 2010).

3.16.4.3 Impacts and Mitigation Measures
Impact 3.16-1: The project could increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated.

The project could increase the use of existing neighborhood and regional parks or other recreational facilities, such as the existing Eaton Trail and Woodward Park, and trail corridors planned in the City of Fresno Bicycle, Pedestrian, & Trails Master Plan (City of Fresno 2010), because by design, these facilities would be connected to the proposed trail extension. However, the increased use would not result in substantial physical deterioration of a recreation facility. The impact would be less than significant. No mitigation is required.

Impact 3.16-2: The project could include recreational facilities or could require construction or expansion of recreational facilities that may have an adverse physical effect on the environment.

The project would extend the existing Eaton Trail by about 3.5 miles, add parking and a variety of recreation amenities, and provide a new trail segment that meets ADA grade and access requirements (lacking along other segments of the Eaton Trail). The project has been designed to provide additional recreational opportunities in a local and regional area with documented recreational needs. The project was evaluated in this DEIR relative to specific resource areas to determine whether implementation would result in significant adverse impacts. The potential environmental impacts of the project are summarized in Table 1.6-1 in Chapter 1, “Executive Summary.”,” of this DEIR. Some of the impacts identified would be less than significant. In other instances, incorporation of the mitigation measures proposed in this DEIR would reduce the impacts to less than significant. No additional mitigation is required.

3.17 Transportation

3.17.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts related to transportation. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures. As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR, including comments on transportation.

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3.17.2 Environmental Setting
The City of Fresno has four major State routes:
• SR 41 heads north and south, connecting downtown Fresno with North Fresno. • SR 99 also heads north and south but links two other cities in the San Joaquin Valley, Sacramento and Bakersfield.
• SR 168 connects the city of Clovis with downtown Fresno and is a route to the Sierra Nevada. • SR 180 runs east and west, but also connects with downtown Fresno. This State route heads east to Kings Canyon and Sequoia National Park and west to the cities of Mendota and Kerman.

The project would be constructed along the River immediately downstream of the SR 41 bridge, which links Madera and Fresno counties (see Figure 2-3).

Roads are classified according to the road’s purpose and level of service (LOS). The LOS describes the flow of traffic during particular times of use and varies depending on the type of road (Table 3.17-1). The LOS can change because of increases or decreases in traffic levels, and can increase in severity during roadway blockages and maintenance projects. In general, traffic on a major roadway segment needs to increase by approximately 400 vehicles per hour to increase the severity of the LOS.

Table 3.17-1 Capacity per Hour per Lane for Various Highway Facilities Level of
Service Freeways
Two-Lane
Rural Hwy.

Multi-lane
Rural Hwy. Expressway Arterial Collector
LOS A 700 120 470 720 450 300
LOS B 1,100 240 945 840 525 350
LOS C 1,550 395 1,285 960 600 400
LOS D 1,850 675 1,585 1,080 675 450
LOS E 2,000 1,145 1,800 1,200 750 500
Notes: Hwy. = highway; LOS = level of service
Source: Madera County Resource Agency 2010

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3.17.2.1 Roadways Used during Project Construction
Roadways that could be used during project construction are identified in Table 3.17-2.

Table 3.17-2 Roadways that May Be Used during Project Construction Road Name Classification Jurisdiction
SR 41 Freeway Caltrans
SR 99 Freeway Caltrans
Avenue 9 Expressway Madera County
Children’s Boulevard Arterial Madera County
Cobb Ranch Road Local City of Fresno
Friant Road Arterial Fresno County
Audubon Drive Local Fresno County
North Del Mar Avenue Local Fresno County
West Riverview Drive Local Fresno County
Notes: Caltrans = California Department of Transportation; SR = state route

All roadways that could be used during project construction are classified LOS C or better (Table 3.17-3).

The intersections that could be used during project construction are also classified LOS C or better, even during the worst peak hours (Table 3.17-4).

Table 3.17-3 Existing Levels of Service, Potential Construction Roadway Segments Road Name Segment
Worst Peak-Hour
of Service Level
SR 41 Friant Road to Children’s Boulevard C
SR 99 Road 35 to Avenue 9 B
Avenue 9 SR 99 to Road 40½ C
Children’s Boulevard Road 40½ to SR 41 B
Nees Road Audubon Drive to Palm Avenue B
Cobb Ranch Road Avenue 9 to Perrin Avenue C
Audubon Drive Friant Road to North Del Mar Avenue C
North Del Mar Avenue Audubon Drive to West Riverview Drive C West Riverview Drive From North Del Mar Avenue A
SR = state route
Sources: Madera County Transportation Commission 2010; Gormley, pers. comm., 2014

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Table 3.17-4 Existing Levels of Service, Project Construction Intersections Intersection Name Worst Peak-Hour Level of Service
Children’s Boulevard/SR 41 C
Friant Road/Blackstone (SR 41 off-ramp) C
Audubon Drive/North Del Mar Avenue C
North Del Mar Avenue/West Riverview Drive C
Palm Avenue and Nees Avenue B
Note: SR = State route
Sources: Madera County Transportation Commission 2010; Gormley, pers. comm., 2014

3.17.2.2 Roadways Used during Project Operation
A traffic analysis was prepared for the project in accordance with the City of Fresno Traffic Impact Study Report Guidelines for use in CEQA project review (Appendix H). The traffic analysis focused on evaluation of operating conditions on the study roadway segments with and without the project. The assessment of roadway segment LOS was based on the functional classification of the roadway, the maximum capacity, roadway geometrics, and existing or forecast average daily traffic (ADT) volumes.

The generalized peak-hour roadway segment volumes were subsequently adjusted to reflect traffic volumes on segments of signalized non-State roadways, reflecting the City of Fresno Traffic Impact Study Report Guidelines. Appendix H provides a detailed description of the analysis methodologies, standards, and thresholds.

Table 3.17-5 shows the roadway segments in the study area that are the most likely to be used to access the project site, and that were therefore included in the traffic analysis.

Table 3.17-5 Study Roadway Segments
Segment Number Roadway Segment
1 SR 41 between the Fresno–Madera County Line and Avenue 12 2 SR 41 East Frontage Road (Cobb Ranch Road) north of Vin Rose Lane 3 Audubon Drive between SR 41 and Palm Avenue
4 Audubon Drive just east of SR 41
5 Del Mar Avenue between Audubon Drive and West Riverview Drive Note: SR = state route
Source: Data compiled by AECOM in 2016

Roadway segment traffic counts were collected on Saturday through Monday, May 24 to 26, during the 2014 Memorial Day weekend, to capture a worst-case-scenario traffic count sampling of roadway traffic demand on the study roadway segments. The traffic count worksheets are provided in Appendix H.

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Table 3.17-6 summarizes the results of the analysis of LOS on the study roadway segments under existing conditions. As shown, all study roadway segments currently operate at acceptable LOS C or better under existing conditions.

Table 3.17-6 Roadway Segment Analysis—Existing Conditions Roadway
Segment1
Number
of
Lanes2 Direction
ADT 24-
Hour
Volume
Existing Condition
A.M. Peak Hour P.M. Peak Hour
Vol LOS Vol LOS
1 SR 41 between Fresno–Madera County Line
and Avenue 12 2/D NB
SB 24,777 514
408
B
B
772
925
B
B
2 SR 41 East Frontage Road
(Cobb Ranch Road) north of Vin Rose Lane 1/U NB
SB 158 8
2 C
C
6 6
C
C
3 Audubon Drive between SR 41 and Palm
Avenue 1/U EB
WB 10,886 293
330
C
C
346
447
C
C
4 Audubon Drive just east of SR 41 2/D EB
WB 11,078 294
338
C
C
345
466
C
C
5 Del Mar Avenue between Audubon Drive and
West Riverview Drive 1/U NB
SB 1,604 25
67 C
C
50 71
C
C
Notes:

ADT = average daily traffic; D = divided; EB = eastbound; LOS = level of service; NB = northbound; SB = southbound; SR = State Route; U = undivided; Vol = volume; WB = westbound
1 Evaluated using Table 7 Florida Tables.
2 Number of lanes in each direction.

Source: Data compiled by AECOM in 2016

3.17.3 Regulatory Setting

3.17.3.1 Federal Laws and Regulations
No federal laws, regulations, or policies related to transportation apply to the project.

3.17.3.2 State Laws, Regulations, and Policies
California Department of Transportation
Caltrans is one of several departments within the Business, Transportation and Housing Agency. Among the department’s programs is the Right-of-Way and Asset Management Program. This program, administered by Caltrans district offices, is primarily responsible for acquisition and management of property required for State transportation purposes. Transportation purposes may include roads, mass- transit guideways and related facilities, airports, shops, maintenance stations, storage yards, material sites, and other purposes necessary for Caltrans operations (Caltrans 2015). The responsibilities of the Right-of-Way and Asset Management Program include managing Caltrans’s real property for transportation purposes, reducing operational costs, disposing of property no longer needed, and I
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monitoring right-of-way activities on federally assisted local facilities. An encroachment, as defined by Section 660 of the Streets and Highways Code, can be any tower, pole, pole line, pipe, pipe line, fence, billboard, stand, or building, or any structure or object of any kind or character that is within the right-of- way but not a part of the Caltrans facility. Authority for Caltrans to control encroachments within a State roadway is included in the Streets and Highways Code, starting with Section 660.

Encroachments allow utilities, a public entities, or private parties to use roadway right-of-way temporarily or permanently. Encroachments include all public and private utilities within State rights-of-way, such as communication, electric power, water, gas, oil, petroleum products, steam, sewer, drainage, irrigation, and similar facilities. Encroachments also include temporary or permanent breaks in access or use of the roadway rights-of-way, for grading, excavating, or filling or removal of materials by public agencies, developers, or private individuals (Caltrans 2015).

Caltrans issues encroachment permits to other agencies or parties that perform construction activities within its right-of-way. Typical projects performed by other agencies or parties that require encroachment permits include construction of roadway improvements and utility work. Under an encroachment permit, Caltrans requires the agency or party to implement an appropriate storm water pollution prevention program. Caltrans retains ultimate responsibility for ensuring that the portion of the project within the Caltrans right-of-way is in compliance with federal, State, and local stormwater pollution prevention regulations.

Caltrans has specific interest in projects that may structurally modify roadways, deck slabs (not including raised sidewalks or utility attachments), girders (not including utility attachments), bottom slabs of superstructures, columns and supporting foundations, and abutments and supporting foundations.

California Vehicle Code
Sections 13369, 15275, and 15278. These sections of the Vehicle Code address the licensing of drivers and the classification of licenses required to operate particular types of vehicles. The code sections require a commercial driver’s license to operate commercial vehicles and an endorsement issued by the California Department of Motor Vehicles (DMV) to drive any commercial vehicle identified in Section 15278. DMV is the administering agency for these statutes. The project would comply by requiring contractors and employees to be properly licensed and endorsed when operating such vehicles.

Sections 35550 and 35551. Vehicle Code Section 3550 imposes weight guidelines and restrictions on vehicles traveling on freeways and highways. The section holds that “a single axle load shall not exceed 20,000 pounds. The load on any one wheel or wheels supporting one end of an axle is limited to 10,500 pounds. The front steering axle load is limited to 12,500 pounds.” Furthermore, Vehicle Code Section 35551 defines the maximum overall gross weight as 80,000 pounds and adds that “the gross weight of each set of tandem axles shall not exceed 34,000 pounds.” Caltrans is the administering agency for this I
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statute. The project would comply by requiring compliance with weight restrictions and by requiring heavy haulers to obtain permits, if required, before delivering any heavy haul load.

Section 35780. Vehicle Code Section 35780 requires a Single-Trip Transportation Permit to transport oversized or excessive loads over State highways. The permit can be acquired from Caltrans. The project would comply by requiring that heavy haulers obtain a Single-Trip Transportation Permit for oversized loads for each vehicle before delivering any oversized load.

California Streets and Highways Code
Section 117. Unless otherwise specifically provided, when Caltrans acquires right-of-way over real property for State highway purposes, the agency also obtains the right to issue permits for the right-of- way location for structures or fixtures related to telegraph, telephone, or electric power lines, or for ditches, pipes, drains, sewers, or underground structures. Caltrans is the administering agency for this statute. If applicable, the project would comply by acquiring the necessary permits and approval from Caltrans for use of public rights-of-way.

Sections 660, 670, 672, 1450, 1460, 1470, and 1480 et seq. These sections of the Streets and Highways Code define highways and encroachments and require encroachment permits for projects involving excavation in State highways and county/city streets. This law is generally enforced at the local level. Caltrans and the City of Fresno are the administering agencies for this statute. Before the start of construction, the project would apply for encroachment permits for any excavation in State, county, and city roadways.

California Manual on Uniform Traffic Control Devices, Part 6 The California Manual on Uniform Traffic Control Devices (Caltrans 2014b) requires that a temporary traffic control plan be provided for “continuity of function (movement of traffic, pedestrians, bicyclists, transit operations), and access to property/utilities” during any time the normal function of a roadway is suspended. Caltrans, the County of Fresno, the County of Madera, and the City of Fresno are the administering agencies for this regulation. If applicable, a traffic control plan would be prepared before the start of construction.

San Joaquin River Parkway Master Plan
The Conservancy manages its projects and lands under its jurisdiction in the Parkway through policies included in the Parkway Master Plan.

The Conservancy’s Parkway Master Plan includes the following policies relating to adequate provision of on-site parking (Appendix B):

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o Policy RTP1: To the extent needed and possible, schedule Parkway facility events to avoid peak traffic periods (e.g., major summer holidays) and to avoid concurrent events that would overload transportation access routes and/or Parkway parking facilities. o Policy RTP4: Develop operating plans for each Parkway segment, including access control locations, park hours, fees and enforcement provisions in conjunction with the affected local jurisdiction(s).
o Policy RTP5: Off-site improvements needed for access to and from Parkway facilities shall be designed in accordance with standards of the applicable local jurisdiction(s). o Policy RPP1: Develop sufficient on-site parking at each public recreational facility to provide adequate parking supply for the desired usage level during peak periods and to meet the parking requirements of the local jurisdiction, while avoiding excess parking which would increase environmental impacts of construction and promote overuse of the site. On-site parking design should consider harmony with the natural environment while ensuring safety and security for users.

3.17.3.3 Local Laws, Regulations, and Policies
Madera County General Plan
The Madera County General Plan (County of Madera 1995) provides a land use diagram (map) and describes the allowable uses and standards for the land use designations in the diagram. The plan also describes the circulation plan diagram and the standards for the roadway classification system used for the circulation plan diagram. The circulation plan diagram supports the land uses shown in the land use diagram. The following goal and policy are relevant to the project:

Goal 1.A: To promote the wise, efficient, and environmentally sensitive use of Madera County land to meet the present and future needs of Madera County residents and businesses. o Policy 1.A.4: The County shall encourage infill development and development contiguous to existing cities and unincorporated communities to minimize premature conversion of agricultural land and other open space lands.

Madera County 2011 Regional Transportation Plan
The Madera County 2011 Regional Transportation Plan (Madera County Transportation Commission 2010) provides a comprehensive long-range view of transportation needs and opportunities for Madera County’s transportation system through 2035. The plan’s policies and programs are aimed at safely and efficiently accommodating anticipated population growth in the cities of Chowchilla and Madera, as well as Madera County, through 2035. The plan does not include goals or policies relevant to the project.

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Fresno Council of Governments Regional Transportation Plan The Fresno COG’s Regional Transportation Plan (RTP) is a comprehensive assessment of all forms of transportation available in Fresno County and of needs for travel and goods movement, projected into the future through 2040 (Fresno COG 2014). The first RTP was adopted in 1975; the 2014 plan, the latest edition, continues a process of intergovernmental cooperation, coordination, and long-range planning that has involved the 15 cities in Fresno County, staff from related local public agencies, the air district, Caltrans, and the public. This process has been accomplished within the framework of the Fresno COG, which is the regional transportation planning agency for the Fresno County area. Updated editions are required every 4 years and are refinements of the original and subsequent plans. Federal and State laws mandate that long-range transportation planning be done every 4 years for at least 20 years into the future.

City of Fresno Draft General Plan Update 2035
The City of Fresno General Plan Mobility Element contains the following policy that is relevant to the project:
o Policy MT-1-M: Standards for Planned Bus Rapid Transit Corridors and Activity Centers.

Independent of the Traffic Impact Zones identified in MT-2-I Chapter 4: Mobility and Transportation and Figure MT-4, strive to maintain the following vehicle LOS standards on major roadway segments and intersections along Bus Rapid Transit Corridors and in Activity Centers:
• LOS E or better at all times, including peak travel times, unless the City Traffic Engineer determines that mitigation to maintain this LOS would be infeasible and/or conflict with the achievement of other General Plan policies. • Accept LOS F conditions in Activity Centers and Bus Rapid Transit Corridors only if provisions are made to improve the overall system and/or promote non- vehicular transportation and transit as part of a development project or a City- initiated project. In accepting LOS F conditions, the City Traffic Engineer may request limited analyses of operational issues at locations near Activity Centers and along Bus Rapid Transit Corridors, such as queuing or left-turn movements. • Give priority to maintaining pedestrian service first, followed by transit service and then by vehicle LOS, where conflicts between objectives for service capacity between different transportation modes occur.
• Identify pedestrian-priority and transit-priority streets where these modes would have priority in order to apply a multi-modal priority system, as part of the General Plan implementation.

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3.17.4 Impact Analysis

3.17.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of transportation are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact related to transportation if it would:
• conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and nonmotorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit;
• conflict with an applicable congestion management program, including but not limited to LOS standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways;
• result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks;
• substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersection) or incompatible uses (e.g., farm equipment); • result in adequate emergency access; or
• conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities or otherwise decrease the performance or safety of such facilities.

According to the City of Fresno Traffic Impact Study Report Guidelines (City of Fresno 2009), a project is considered to have an individually significant impact on the operation of an intersection if the additional traffic generated from the project would:
• trigger an intersection operating at an acceptable LOS to operate at an unacceptable LOS, • trigger an intersection operating at an unacceptable LOS (LOS E) to operate at LOS F, or • increase the average delay for a study intersection that is already operating at an unacceptable LOS.

Because the guidelines do not provide specific significance criteria for roadway segments, the first two conditions listed above were used to evaluate roadway segment impacts.

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3.17.4.2 Methodology
Traffic volumes under Project Buildout (2025) conditions were developed by applying annual traffic growth factors to existing 2014 roadway segment volumes. In consultation with Fresno COG staff, future traffic projections were developed using Fresno COG’s 2010 and 2035 traffic model forecasts for the study area.

Because of the project site’s setting and location—the combination of open space and residential uses surrounding the project area—the application of annual growth factors (ranging from 3% to 4%) to existing traffic volume was deemed very conservative and sufficient to account for any potential project development that may influence the study area.

3.17.4.3 Impacts and Mitigation Measures
Impact 3.17-1: The project could conflict with an applicable plan, ordinance, or policy.

The project would not generate a substantial increase in the number of trips. Table 3.17-7 shows the ADT that would be added with implementation of the project. Compared to existing conditions, the traffic volume on SR 41 between the Fresno–Madera County line and Avenue 12 and the traffic volume on SR 41 east of Frontage Road and north of Vin Rose Lane would increase.

Table 3.17-7 Roadway Segment Analysis—Existing plus Project Conditions Roadway
Segment1
Number
of
Lanes2 Direction
ADT 24-
Hour
Volume
Existing plus Project Condition
A.M. Peak Hour P.M. Peak Hour
Vol LOS Vol LOS
1 SR 41 between the Fresno–Madera County
line and Avenue 12 2/D NB
SB 25,095 554
428
B
B
825
945
B
B
2 SR 41 East Frontage Road (Cobb Ranch
Road) north of Vin Rose Lane 1/U NB
SB 476 28
42 C
C
26 59
C
C
3 Audubon Drive between SR 41 and Palm
Avenue 1/U EB
WB 10,886 293
330
C
C
346
447
C
C
4 Audubon Drive just east of SR 41 2/D EB
WB 11,078 294
338
C
C
345
466
C
C
5 Del Mar Avenue between Audubon Drive and
West Riverview Drive 1/U NB
SB 1,604 25
67 C
C
50 71
C
C
Notes:

ADT = average daily traffic; D = divided; EB = eastbound; LOS = level of service; NB = northbound; SB = southbound; SR = State Route; U = undivided; Vol = volume; WB = westbound
1 Evaluated using Table 7 Florida Tables.
2 Number of lanes in each direction.

Source: Data compiled by AECOM in 2016

ADT would not increase on the remaining roadway segments. As shown in Table 3.17-7, all study roadway segments would operate at an acceptable LOS C or better under Existing plus Project Conditions. Therefore, the project would not conflict with any applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system.

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A supplemental traffic study was prepared, and circulated as part of the Partially Revised DEIR, to evaluate project impacts at two study intersections. A copy of the report is found in Appendix DD H2. The report was prepared consistent with the guidance outlined by the City of Fresno Traffic Impact Analysis Guidelines (2009).

Table 3.17-8 depicts the operating condition of two study intersections under Existing (year 2017) and Existing plus Project traffic conditions and Year 2025 and Year 2025 plus Project conditions. As shown, the study intersections are currently operating at LOS D or better during the a.m. and p.m. peak hours and would continue to operate at acceptable levels with introduction of the proposed project under Existing plus Project conditions.

Table 3.17-8 Intersection Operation
# Intersection Location
Control
Existing (Year 2017)
Condition
Existing Plus
Project Condition
Significant
Impact?
A.M. Peak
Hour
P.M. Peak
Hour
A.M. Peak
Hour
P.M. Peak
Hour
Delay LOS Delay LOS Delay LOS Delay LOS
1 Palm Avenue (NS)/Nees Avenue (EW) TS 29.8 C 31.1 C 29.8 C 31.1 C No 2 Del Mar Avenue (NS)/Audubon Drive (EW) SC 20.2 C 28.0 D 20.2 C 28.0 D No # Intersection Location
Control
Year 2025 Base Condition Year 2025 Plus Project
Condition
Significant
Impact?
A.M. Peak
Hour
P.M. Peak
Hour
A.M. Peak
Hour
P.M. Peak
Hour
Delay LOS Delay LOS Delay LOS Delay LOS
1 Palm Avenue (NS)/Nees Avenue (EW) TS 59.0 E 67.8 E 59.0 E 67.8 E No 2 Del Mar Avenue (NS)/Audubon Drive (EW) SC 33.3 D 65.3 F 33.3 D 65.3 F No Notes:

EW = east-west; LOS = level of service; NS = north-south; SC = stop sign control; TS = traffic signal Source: Data compiled by AECOM in 2017

The impact would be less than significant.
16 No mitigation is required.

Impact 3.17-2: The project could conflict with an applicable congestion management program established by the county’s congestion management agency for designated roads or highways.

See Impact 3.17-1. The project would not conflict with an applicable congestion management plan. The impact would be less than significant. No mitigation is required.

16 A project is considered to have an individually significant impact on the operation of an intersection if the additional traffic generated from the project would:
• trigger an intersection operating at an acceptable LOS to operate at an unacceptable LOS, • trigger an intersection operating at an unacceptable LOS (LOS E) to operate at LOS F, or • increase the average delay for a study intersection that is already operating at an unacceptable LOS.

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Impact 3.17-3: The project could result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that would result in substantial safety risks.

The project would not rely on or increase demand for air transportation and would not cause any change in air traffic patterns. No impact would occur.

Impact 3.17-4: The project could substantially increase hazards because of a design feature or incompatible uses.

The project would not include any design features or incompatible uses that would increase hazards substantially. No impact would occur.

Impact 3.17-5: The project could result in inadequate emergency access.

Adequate emergency access would be provided to the project site via Nees Avenue, Audubon Drive, and Palm Avenue. The impact would be less than significant. No mitigation is required.

Impact 3.17-6: The project could conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities or otherwise could decrease the performance or safety of such facilities.

The project would extend the existing Eaton Trail by constructing a multipurpose trail, thereby enhancing, augmenting, and encouraging bicycle and pedestrian use. No impact would occur.

3.18 Utilities and Service Systems

3.18.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts of the project on utilities and service systems. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR. No comments were made regarding impacts on utilities and service systems.

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3.18.2 Environmental Setting

3.18.2.1 Water Supply
The project site is located within the Fresno city limits. Potable water service would be provided to the project site by the City’s Department of Public Utilities, Water Division. The Water Division supplies nearly 46 billion gallons of safe, reliable, and affordable water to Fresno residents through a supply system of about 1,800 miles of water mains.

Water for City customers comes from two primary sources: groundwater and surface water. For years, groundwater pumped up from an underground aquifer was the sole source of water for Fresno water customers. In 2004, treated surface water from the Surface Water Treatment Facility, located in northeast Fresno, began augmenting the groundwater to create a more balanced water supply. About 30 million gallons per day of water are provided by the Surface Water Treatment Facility. The City, in cooperation with FMFCD and Fresno Irrigation District, runs an aggressive recharge program to supplement the natural replenishment of the groundwater.

The City recently updated its Metropolitan Water Resources Management Plan for providing future water service in Fresno. The update includes plans to expand the City’s existing Northeast Surface Water Treatment Facility, construct a new Southeast Surface Water Treatment Facility, reduce the use of groundwater and increase groundwater recharge to balance groundwater operations, and expand the use of recycled water to offset demands for potable water. The City began construction of new surface water treatment infrastructure in 2016. To offset the area’s peak water demand and fire flow requirements until this larger regional facility can be built, the City recently completed construction of a 3-million-gallon water storage tank and a 4-million-gallon-per-day package surface water treatment facility (T-3 Facility) east of Fresno International Airport. The surface water treatment component of this site is anticipated to operate from May through October of each year, when water demands are highest.

One of the primary objectives of the City’s future water supply plan is to maximize the use of its available surface water supplies, through either increased treatment and direct use (by constructing additional water treatment facilities) or increased intentional recharge (by increasing the use of existing recharge facilities and constructing new recharge facilities). Maximizing the use of available surface water supplies would provide the City with greater water supply reliability and operational flexibility and would lessen the City’s dependency on groundwater supplies, thus minimizing further impacts on the underlying groundwater basin (City of Fresno 2013).

A nonpotable-water well is located along the paved road on the project site. The well’s 55-gallon-per- minute pump is providing temporary irrigation for a habitat restoration program.

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3.18.2.2 Solid Waste
The County of Fresno operates the regional American Avenue Landfill located at 18950 W. American Avenue in Kerman, California. The City of Fresno’s Solid Waste Management Division collects municipal solid waste, recyclables, and green waste weekly from more than 107,000 residential customers, producing approximately 1,046 tons of material each collection day. The solid wastes are disposed of at the regional landfill. The landfill is expected to be able to continue operation until 2031, when it will be full and will have to be closed.

3.18.2.3 W astewater
The City of Fresno’s Wastewater Management Division provides high-quality wastewater collection, treatment, and reclamation services in a professional and competitive manner to preserve the environment and ensure the health, safety, and economic vitality of the community. The City owns more than 1,500 miles of sewer pipes and other sanitary collection system infrastructure, such as manholes and lift stations. It also owns the seventh largest wastewater reclamation facility in California, the Fresno- Clovis Regional Wastewater Reclamation Facility, a secondary-level treatment facility, and the North Fresno Wastewater Reclamation Facility, a tertiary-level treatment facility.

3.18.2.4 P ower Supply
Pacific Gas and Electric Company provides electrical power to project site and has a transmission line on- site that serves the two private residences.

3.18.3 R egulatory Setting

3.18.3.1 Federal Laws, Regulations, and Policies
No federal laws, regulations, or policies related to utilities and service systems apply to the project.

3.18.3.2 St ate Laws, Regulations, and Policies
National Pollutant Discharge Elimination System
The Central Valley RWQCB is responsible for oversight of wastewater treatment and disposal and the terms of RWQCB-issued WDRs.

San Joaquin River Parkway Master Plan
The Conservancy develops and manages its projects and lands under its jurisdiction in the Parkway through policies included in the Parkway Master Plan. The Parkway Master Plan (Appendix B) contains goals, objectives, and policies that apply to the project area in relation to utilities, including the following policies:

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o Policy RDP15: In areas where septic systems are prohibited, vault toilets sufficient to handle wastes generated by Parkway users shall be determined and shall be placed in easily accessible and numerous locations. Frequent and regular monitoring and removal of wastes to prevent overflows shall be implemented, particularly during periods of heavy Parkway use.
o Policy RFP8: Septic systems shall only be installed in areas approved by local ordinance and shall be sited, designed, and operated in accordance with all applicable State and local laws and regulations.
o Policy ROP2: …Parkway projects shall include as part of final project design … installation of efficient irrigation systems in landscaped areas, if any, to minimize runoff and evaporation and maximize the water that will reach plant roots. Such irrigation systems include drip irrigation and automatic irrigation systems. o Policy PS1: Furnish necessary public service facilities (water, electricity, telephone) on land currently supporting a public service facility and other land needed for development of those facilities if considered necessary for the health, safety, and welfare of the people of the area. Do not furnish public service facilities in areas with native vegetation or sensitive wildlife breeding or nesting habitat.
o Policy PS3: Any needed public facilities for drinking water will be built, operated and monitored in conformance with State standards for public, non-community water systems and in conformance with Fresno County, Madera County, and the City of Fresno water well ordinances.

These goals, objectives, and policies do not necessarily avoid impacts but may lessen them.

3.18.3.3 Local Laws, Regulations, and Policies
No local laws, regulations, or policies related to utilities and service systems apply to the project.

3.18.4 Impact An alysis

3.18.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of utilities and service systems are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on utilities and service systems if it would:

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• exceed wastewater treatment requirements of the applicable RWQCB; • require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects; • require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; • have insufficient water supplies available to serve the project from existing entitlements and resources, or need new or expanded entitlements;
• fail to result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demands in addition to the provider’s existing commitments;
• be served by a landfill without sufficient permitted capacity to accommodate the project’s solid waste disposal needs; or
• fail to comply with federal, State, and local statutes and regulations related to solid waste.

3.18.4.2 Methodology
Analysis of the project’s potential impacts was based on an evaluation of the project’s compliance with Central Valley RWQCB requirements, the capacity of the County of Fresno’s American Avenue Landfill, the City’s water supply, and the capacity of the Fresno-Clovis Regional Wastewater Reclamation Facility.

3.18.4.3 Impacts and Mitigation Measures
Impact 3.18-1: The project could exceed wastewater treatment requirements of the applicable RWQCB.

Construction crews would use portable toilets that would be supplied by a contractor. The contractor would be responsible for installation, maintenance, and removal of the portable toilets and proper disposal of the waste. Visitor use of the proposed self-contained vault restrooms would not result in growth that would require additional wastewater treatment capacity. Waste products such as biosolids waste from the vault restrooms would be routinely removed by an approved contractor and transported to the Fresno-Clovis Regional Wastewater Reclamation Facility. No impact would occur.

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Impact 3.18-2: The project could require or result in construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects.

The project would not require or result in the construction of new water or wastewater treatment facilities or the expansion of existing facilities. No impact would occur.

Impact 3.18-3: The project could require or result in construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.

The project would not require construction, use, or expansion of municipal stormwater drainage facilities.

No impact would occur.

Impact 3.18-4: The project could have insufficient water supplies available to serve the project from existing entitlements and resources, and thus new or expanded entitlements could be needed.

A water supply would be needed for dust control during construction, and for irrigation of the landscape plantings, until they are self-sustaining. The existing nonpotable-water well could be used for dust control and irrigation. The construction contractor would bring in additional water for dust control, if needed. The project would not require new or expanded water entitlements.

Water would be needed to serve drinking fountains and fire hydrants if feasible, and the short-term irrigation of landscape features, until established. The relatively small potable-water supply required for the project area would be provided by connection to a City water main, in conformance with City design and connection requirements, including backflow prevention and metering. The impact would be less than significant. No mitigation is required.

Impact 3.18-5: The project could fail to result in a determination by the wastewater treatment provider that serves or may serve the project, stating it has adequate capacity to serve the project’s projected demands in addition to the provider’s existing commitments.

The vault toilets would be cleaned weekly. Wastewater would be removed and trucked off-site for treatment. The impact would be less than significant. No mitigation is required.

Impact 3.18-6: The project could be served by a landfill without sufficient permitted capacity to accommodate the project’s solid waste disposal needs.

Construction activities and the construction crew would generate some solid waste; however, the project would not entail demolition and would not generate large quantities of construction wastes. Trash and I
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other waste generated during construction would be picked up daily and contained properly. The contractor would be responsible for removing all trash from the construction site and properly disposing of it. Some solid waste would be generated by maintenance activities and visitor use. American Avenue Landfill is owned by the County of Fresno and would receive the project’s solid waste for disposal. The landfill is expected to be able to continue operations to serve the municipal area and region until 2031, when it will be full and will have to be closed. The impact would be less than significant. No mitigation is required.

Impact 3.18-7: The project could fail to comply with federal, State, or local statutes or regulations related to solid waste.

Project personnel would properly dispose of all wastes, would divert green wastes generated on the project site to approved facilities, and would provide recycling for visitors’ recyclable materials. The project would comply with all applicable laws, regulations, and ordinances. No impact would occur.

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Chapter 4.

Other CEQA Requirements
This chapter discusses mandatory findings of significance and potential cumulative and growth-inducing impacts. Section 15065 of the State CEQA Guidelines requires that the lead agency make findings on whether the project would individually or cumulatively have a significant effect on the environment.

4.1 Cumulative Impacts
Section 15355 of the State CEQA Guidelines defines cumulative impacts as “two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.” Furthermore, the State CEQA Guidelines state that an EIR shall discuss cumulative impacts of the project when the project’s incremental effect is cumulatively considerable (Section 15130). Where a lead agency is examining a project with an incremental effect that is not cumulatively considerable, a lead agency need not consider that effect significant but shall briefly describe its basis for concluding that the incremental effect is not cumulatively significant.

Section 15130 of the State CEQA Guidelines requires an analysis of cumulative impacts to contain the following elements:
• a list of past, present, and probable future projects producing related or cumulative impacts including, if necessary, those projects outside the control of the agency; or • a summary of projections contained in an adopted local, regional, or statewide plan, or related planning document that describes or evaluates conditions contributing to the cumulative effect.

The environmental setting for this cumulative impact analysis is the Parkway planning area. This area was selected because it is sufficiently large to capture additional projects that have the potential to contribute to cumulative impacts. The Parkway planning area is approximately 22 miles long, from river mile 267.6 at the face of Friant Dam to the SR 99 crossing at river mile 243.2, and includes portions of Fresno County, Madera County, and the city of Fresno. The Parkway planning area varies in width from a narrow wildlife corridor where the bluff is steep and close to the San Joaquin River to extensive floodplains of several hundred acres.

The State of California owns 2,575 acres managed under the Conservancy’s jurisdiction for Parkway purposes. Other public lands within the Parkway planning area include the City of Fresno’s planned Riverbottom Park site, the County of Fresno’s Lost Lake Park, CDFW’s San Joaquin Fish Hatchery and San Joaquin River Ecological Reserve, and State sovereign lands under the jurisdiction of the California State Lands Commission.

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In discussing cumulative impacts, the State CEQA Guidelines outline two approaches for characterizing the projects that may occur in the project vicinity:
• Project list: A list of past, present, and probable future projects producing related or cumulative impacts, including, if necessary, projects outside the control of the agency (State CEQA Guidelines Section 15130[b][1][A]).
• Summary of projections: A summary of projections contained in an adopted local, regional, or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect (State CEQA Guidelines Section 15130[b][1][B]). This summary can be supplemented with additional information, including a regional modeling program.

This DEIR uses the list approach because it is more appropriate for the resource areas being analyzed.

Table 4.1-1 identifies future and related projects under preliminary consideration by the Conservancy and other possible developments in the vicinity determined as having the potential to interact with the project to the extent that a significant cumulative effect might be expected to occur. Any possible project within the planned Parkway that had been on a preliminary list of potential Conservancy projects at the time of the NOP for the project was considered a probable future project.

Table 4.1-1 Future and Related Projects
No. Name of Project Description of Project
1 Habitat Restoration
throughout Parkway
Parkway land contains significantly degraded habitat. Habitat enhancement is planned to benefit sensitive species, facilitate wildlife movement, support adaptation by wildlife to climate change, and improve diversity, among other values. Habitat restoration within the Parkway can be an important accomplishment in the interim, while resources to support the operation and maintenance of public access and recreation facilities are being developed.
2 Habitat Restoration,
River West Fresno
The Conservancy has granted funds to the San Joaquin River Parkway and Conservation Trust and River Partners to design, complete CEQA review, and implement restoration of land north and west of the H Pond on the former Spano property.
3 Ball Ranch Habitat
Enhancement and
Public Safety
Habitat restoration needs are bring assessed, including an evaluation of the northern slope of the main Ball Ranch Pond, a past gravel mining pond, which is very steep and erodible. The project would reduce the slope and improve greater public safety and habitat diversity and remove one or more stands of invasive tree-of-heaven. 4 River West Madera Pit
46e Berm Improvement,
Floodplain
Enhancement, and
Public Access Project
The Conservancy has granted funds to DWR to complete preliminary and final design, secure environmental compliance, and construct the project. The project would reconnect an access road linking Sycamore Island and the neighboring Conservancy property. The project would provide a second route of emergency egress from Sycamore Island. The project would isolate the gravel pit from the River, thus protecting reintroduced salmon and providing for off-stream recreational fishing, and would restore floodplain habitat in the adjacent channel and pond, all of which would benefit the San Joaquin River Restoration Program.

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No. Name of Project Description of Project
5 Multiple-Use Trail
Extension
A 22-mile multiple-use trail is planned to extend from Friant Dam to SR 99.

Approximately 7 miles have been constructed to date. The proposed project is related to this effort.
6 Riverside Trailhead
Kiosk and Restroom
The City of Fresno required the developer of the Elderberry on the Bluffs residential development to construct trailhead parking and adjacent to Riverside Golf Course. The developer also constructed a segment for the multiple-use trail that extends from the existing Riverside Trail to the south. A trailhead kiosk, and possibly a restroom served by the municipal water and wastewater treatment systems, is desirable. 7 Camp Pashayan to
Riverside Trail Multiple
Use Trail Segment
This project would extend the multipurpose trail linking the Riverside/Elderberry Bluffs trail segment to Camp Pashayan.
8 Development of
Miscellaneous Hiking
Trails
In 2002, an interagency team developed a conceptual plan for a hiking trail leading from the Coke Hallowell River Center, across Rank Island, and on to Ledger Island.

There were significant constraints in topography, habitat protection, River crossings, and other factors. Other hiking trails are included in the planned Parkway. 9 Canoe Rest Stops The Conservancy proposes public boating rest stops with trash cans, picnic tables, and temporary or permanent restrooms.
10 Landmark Bridge
Environmental Review
and Planning
In 2009, the San Joaquin River Parkway Trust presented a conceptual proposal for a bridge crossing downstream of SR 41. The bridge would provide a pedestrian and bicycle trail connecting between the River West Fresno and River West Madera open space areas, and would provide a landmark attraction for the region. 11 River Vista and
Remnant Bridge
Demolition
The Conservancy, in partnership with the County of Madera, plans a public access and bridge demolition project, located immediately adjacent downstream of the SR 145 bridge (North Fork Road) on the Madera County side of the River. The project would include a small parking area, picnic shade structures, a restroom, a paved trail over a portion of an existing compacted farm road, an unpaved trail extending approximately one-quarter mile, and an unimproved River access trail. Measures are included to protect cultural resources at the site.
12 Fish Hatchery Visitor
Improvements
CDFW, in partnership with the Conservancy, has developed a new parking area on Friant Road, a trail descending from the parking area to the hatchery and extending to Lost Lake Park, outdoor classroom seating, interpretive signs, and other related visitor amenities.
13 Lost Lake Park Master
Plan EIR
The County of Fresno, in partnership with the Conservancy, proposes a long-range master plan for Lost Lake Park. The County anticipates preparing an EIR. 14 Lost Lake Park
Campground
Improvements
The Conservancy has awarded funding to the County of Fresno to renovate the campground at Lost Lake Park. This project will improve recreational vehicle and tent camping facilities, redesign the layout of the camping area, rehabilitate or replace existing picnic shelters, tables, and fire pits as necessary, and make some campsites ADA accessible. Lost Lake Park continues to be the primary park providing recreation on the San Joaquin River in Fresno and Madera counties. 15 Beck Pond Public
Fishing Improvements
CDFW has evaluated improvements to develop the Conservancy’s Beck Pond for public off-stream fishing as a possible expansion of Lost Lake Park. 16 Ledger Island Bridge
Flood Protection
With funding from the Conservancy, DWR has assessed the structural integrity of the Ledger Island Bridge. The bridge, owned by the Conservancy, provides the only legal access to Ledger Island, 161 acres owned by the Conservancy on the Madera County side of the River. The bridge is currently closed because of safety concerns.

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No. Name of Project Description of Project
17 Hallowell River Center
Improvements: Group
Picnic Shelter and
Interpretive Exhibits
The San Joaquin River Parkway Trust has developed the Coke Hallowell Center for River Studies at Riverview Ranch, a regional Parkway visitor center at the current northerly terminus of the Eaton Trail. The San Joaquin River Parkway Trust has considered several improvements to the 20-acre River Center: stabilization of a historic dairy barn, construction of a large group picnic shelter, development of exhibits to be housed in and around the barn, construction of additional restroom facilities to serve the public shelter area, and installation of a native plant garden around the picnic shelter.
18 Owl Hollow Education
and Boating Rest Stop
Improvements
Owl Hollow is located along the San Joaquin River, across from the Rank Island Ecological Reserve and west of the River Center. With funding from the Conservancy, the San Joaquin River Parkway Trust is completing several improvements to the property: installation of two solar-powered access gates; installation of a restroom and storage building; construction and permitting of a well for hand washing, powered by a solar pump; construction and installation of a water storage tank for fire protection; construction of a picnic shelter with picnic tables; and construction of an amphitheater for group activities. The site would be open to participants for organized events and activities; public uses could be expanded in the future. 19 Caglia and Jenco
Trailhead and Jensen
Ranch Access
Improvements
A trailhead parking and improvement with ADA access to Jensen River Ranch could be provided from Rice Road.
20 Jensen River Ranch to
Eaton Trail—River to
Bluff Trail Connection
A trail segment ascending the bluff from the multiuse trail on Jensen River Ranch to connect with the Eaton Trail was approved as a part of the Jensen River Ranch Project.
21 Jensen River Ranch
Phase II Habitat
Restoration
The Conservancy has granted funds to the San Joaquin River Parkway and Conservation Trust to create new wildlife habitat at the Conservancy’s 167-acre Jensen River Ranch. The project involves eradicating weeds, developing a revegetation plan, planting native trees and shrubs, and irrigating the plants until they are self-sufficient. The project lies immediately north of Woodward Park near the San Joaquin River in Fresno County.
22 Sycamore Island Off-
Stream Fishing and
Access Improvement
CDFW has completed preliminary designs and environmental review for a stabilized boat launch, parking, restroom, and ADA access at a pond adjacent to the San Joaquin River. An ADA-accessible fishing dock is also proposed. 23 Old Highway 41 Bridge
Traffic and Trail Safety
Improvements
The Old Highway 41 Bridge is used by pedestrians and bicyclists as a way to move between Jensen River Ranch, Woodward Park, the Eaton Trail, Wildwood Native Park, and non-Parkway locations. The bridge accommodates primarily vehicular traffic.

Caltrans is currently performing environmental review of the proposed bridge scour and seismic retrofits. Future traffic calming and safety improvements would be required to facilitate bicycle and possibly pedestrian use on the road.

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No. Name of Project Description of Project
24 Palm Bluffs Fishing
Access
The City of Fresno and Califo rnia State Lands Commission have each secured public- access rights along a gravel private road. State sovereign lands under the jurisdiction of the California State Lands Commission could provide a location for Parkway improvements, such as a parking area and restroom, at the riverward end of the road.

The possible project could include public access to a connecting trail between this site and the River West Fresno Trail Extension Project. This potential project is subsumed in Alternative 5, the Palm and Nees Access Alternative (see Section 5.10 of this DEIR).
25 Milburn Pond/Islewood
Golf Course Public
Access and
Infrastructure
Improvements
This possible project would replace the existing transient noncommunity water system at Islewood Golf Course with a connection to the City of Fresno’s water utility. If feasible, the Conservancy may consider funding the water connection, repaving the access road, and funding improvements such as picnic shelters and an entrance gate to allow public access to the River and to the trail along Milburn Pond. 26 Riverbottom Park The City of Fresno’s design of Riverbottom Park was funded by the Conservancy in 2000–2001. The project, located at the end of the Riverside segment of the Eaton Trail near the BNSF railroad trestle, has been construction-ready since 2008. The project includes a parking area, restroom, and launch for hand-carried boats. 27 Camp Pashayan Public
Access Improvements
Camp Pashayan’s restroom is within the 100-year flood zone and requires expensive operation of an on-site well. Camp Pashayan is operated seasonally on weekends by the San Joaquin River Parkway Trust, which will continue operating the site through 2017. Visitor improvements, including a new restroom and entrance facility, could be planned, designed, and constructed.
28 Potential Land
Acquisitions to Develop
Parkway
Through negotiations and purchases with willing sellers, the Conservancy and others may secure additional lands to achieve the planned 5,900-acre Parkway. 29 Gunner Ranch West
Bluff-Top Trail
The Gunner Ranch West Specific Plan proposes a trail located along the bluff top above the Van Buren Unit, generally running from Valley Children’s Hospital to the southeastern corner of the specific plan boundary. A primary trail within the Van Buren Unit would connect to the bluff-top trail toward the center of the Van Buren Unit. The primary trail would be paved and would provide ADA accessibility from the bluff-top trail to the multipurpose trail at River West Madera. The connection would allow pedestrian, bicyclist, and equestrian users to access the center of the Van Buren Unit. 30 Valley Children’s
Hospital
A public-access easement exists along Avenue 9 north of the Van Buren Unit and south of the River Park Golf Course. The access easement ends at the bluff immediately south of Valley Children’s Hospital. The trail easement could connect Valley Children’s Hospital to Avenue 9 and the Van Buren Unit and would provide bicycle access on a paved surface.
31 Avenue 7½ Beyond the entry to Sycamore Island, the Gunner Ranch West Specific Plan plans for Road 40 to be a four-lane collector road with a 12-foot-wide community trail along the east side for bicyclists and pedestrians. Beyond the boundaries of the Gunner Ranch West Specific Plan, Road 40 could continue a minimum of two lanes and with the 12- foot-wide bicycle and pedestrian trail continuing south to the entrance of Sycamore Island.

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No. Name of Project Description of Project
32 Riverbottom Park and
Schneider Property
Habitat Restoration
The Conservancy has granted funds to River Partners to restore 147 acres located on the City of Fresno’s future Riverbottom Park site located adjacent to the BNSF Railroad and the Conservancy’s Schneider property located in the same vicinity, in Madera County. Both project sites are within the floodplain of the San Joaquin River.

The project will establish native plants and remove invasive weeds. Irrigation will be installed as needed to ensure plant survival. The project will provide critical breeding, roosting, and foraging habitat for nesting songbirds, woodpeckers, raptors, and water birds.
33 San Joaquin River
Parkway Master Plan
Update and EIR
The Conservancy contracted with a consultant to prepare an updated San Joaquin River Parkway Master Plan. The planning process is ongoing. An EIR is being prepared as part of the project. The public agencies and organizations will have the opportunity to comment on the plan pursuant to CEQA.

Notes:

ADA = Americans with Disabilities Act; BNSF = Burlington Northern Santa Fe; Caltrans = California Department of Transportation; CDFW = California Department of Fish and Wildlife; CEQA = California Environmental Quality Act; Conservancy = San Joaquin River Conservancy; DWR = California Department of Water Resources; Eaton Trail = Lewis S. Eaton Trail; EIR = environmental impact report; Parkway = San Joaquin River Parkway; River = San Joaquin River; SR = State Route Source: Data compiled by AECOM in 2016

San Joaquin River Restoration Program. In July 2012, the U.S. Bureau of Reclamation and DWR prepared a programmatic environmental impact statement/EIR for the SJRRP. The SJRRP is based on the Settlement Agreement of the lawsuit in Natural Resources Defense Council et al. v. Rodgers, et al.

The Settlement established two primary goals:
• Restoration Goal—To restore and maintain fish populations in “good condition” in the main stem of the San Joaquin River below Friant Dam to the confluence with the Merced River, including naturally reproducing and self-sustaining populations of salmon and other fish. • Water Management Goal—To reduce or avoid adverse water supply impacts on all of the Friant Division long-term contractors that may result from the Interim and Restoration flows provided for in the Settlement.

City of Fresno Parks Master Plan Update. The City of Fresno proposes to update the Fresno Parks Master Plan. The Fresno Parks Master Plan Update will integrate the City’s General Plan Update 2035 and Active Transportation Plan and the City of Fresno Bicycle, Trails, & Pedestrian Master Plan.

4.1.1 A nalysis of Cumulative Impacts
This DEIR evaluates and considers the project’s contribution to cumulative environmental impacts; however, the analysis is limited to only those impacts that could contribute to significant or potentially significant cumulative impacts. Consequently, this DEIR evaluates the project’s contribution to cumulative impacts in the following resource areas:

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• Aesthetic and Visual Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Recreation
• Transportation
The project would have no impact on the following resource areas:
• Agriculture and Forestry Resources
• Mineral Resources
• Population and Housing
• Public Services
• Utilities and Service Systems
Therefore, no cumulative impacts would occur and these resource areas are not discussed further in this cumulative impacts analysis.

4.1.2 Aesthetic and Visual Resources
The cumulative context for aesthetic resources is the viewshed in the project vicinity. The visual character of the project area consists of a floodplain corridor, the San Joaquin River with year-round flows, riparian vegetation, trees, grassland, and several surface mining gravel excavations inundated with water.

Two related projects are occurring in and adjacent to the project area: Habitat Restoration, River West Fresno (project #2 in Table 4.1-1) and River West Madera Pit 46e Berm Improvement, Floodplain Enhancement, and Public Access Project (project #4). The River West Fresno habitat enhancement project is expected to generate an increase in habitat diversity, protect and improve the water quality of I
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the pond on-site, and increase riparian and woodland habitat for wildlife. The Conservancy has granted funds to DWR to complete preliminary and final design, secure environmental compliance, and construct the Pit 46e project. That project would reconnect an access road linking Sycamore Island and the neighboring Conservancy property, providing a second route of emergency egress from Sycamore Island.

The River West Fresno habitat enhancement project would also isolate the gravel pit from the River, thus protecting reintroduced salmon and providing for off-stream recreational fishing, and would restore floodplain habitat in the adjacent channel and pond, all of which would benefit the SJRRP.

The possible Pa lm Bluffs Fishing Access project (project #24 in Table 4.1-1) would provide public access along the private gravel road and could include Parkway improvements, such as a parking area and restroom, at the riverward end of the road. The Palm Bluffs Fishing Access project is evaluated in Chapter 5 of this DEIR as Alternative 5. The remaining related projects are distant from the project area and would not overlap visually with activities f or the proposed project.

Temporary Impacts. Temporary construction activities for the proposed project, such as site preparation, clearing, grading, installation of new recreational amenities, and landscaping, would be visible to homeowners on the bluff, the public at Spano Park, visitors along the Bluff Trail, and traffic on SR 41.

Construction activities would be temporary and would occur for 1 year. Temporary construction-related effects would be less than significant. It is not anticipated that construction of the River West Fresno habitat enhancement project, the Pit 46e project, or the Palm Bluffs fishing access project would occur simultaneously with construction of the proposed project. Therefore, no significant cumulative impact would occur. The proposed project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with construction-related conflicts with existing visual character. This temporary impact would be cumulatively less than significant. No mitigation is required.

Long-T erm Impacts . The presence of the trail extension, parking lot, and recreational amenities for the proposed p roject would alter the natural features of the San Joaquin River from viewing areas. The long- term presence and use of the trail extension could affect sensitive viewer groups and could be considered a conflict with the existing visual character and unique and scenic resource that is the River. In addition, the proposed project would include low-level outdoor security lighting, a new source of lighting in the project area. Implementation of Mitigation Measure Aesthetics and Visual Resources-1 would reduce conflicts with visual character and scenic vistas to less than significant because landscaping and recreation facilities would be designed to create visual buffers complementary and/or compatible with the area’s scenic nature and because materials and colors for all facilities would be compatible with the surrounding natural environment. Implementation of Mitigation Measure Aesthetics and Visual Resources-2 would reduce the impact of new lighting to less than significant by requiring that lighting be fully shielded, which would prevent glare and light from trespassing onto adjacent properties. Therefore, cumulatively significant long-term impacts would not occur, and the proposed project would not result in a I
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cumulatively significant incremental contribution to a significant cumulative impact associated with conflicts with the existing visual character and unique and scenic resources and changes in lighting. This long-term impact would be cumulatively less than significant. No mitigation is required.

4.1.3 Air Quality
The cumulative context for air quality is the San Joaquin Valley Air Basin. A significant cumulative impact on air quality would occur if implementation of the proposed project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard.

The cumulative analysis of construction-related and operational emissions focuses on whether a specific project would result in a cumulatively considerable increase in emissions. By its very nature, air pollution is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development in the San Joaquin Valley Air Basin, and this regional impact is cumulative rather than attributable to any one source. A project’s emissions may be individually limited, but cumulatively considerable when taken in combination with past, present, and future development projects. The thresholds of significance are relevant to whether a project’s individual emissions would result in a cumulatively considerable incremental contribution to the existing cumulative air quality conditions. If a project’s emissions would be less than those threshold levels, the project would not be expected to result in a considerable incremental contribution to the significant cumulative impact.

As in Impact 3.4-2, the total criteria air pollutant emissions generated would not exceed any thresholds for construction-related or operational activities (Tables 3.4-5 and 3.4-6). Projects that would not exceed the thresholds of significance would not contribute a considerable amount of criteria air pollutant emissions to the region’s emissions profile, and would not impede attainment and maintenance of ambient air quality standards. The proposed project’s construction and operational emissions would not result in a cumulatively considerable net increase for any criteria pollutant for which SJVAPCD is in nonattainment under applicable NAAQS or CAAQS. This impact would be cumulatively less than significant. No mitigation is required.

4.1.4 Biological Resources
The cumulative context for biological resources is the project area and related projects occurring on and in the vicinity of the Parkway planning area.

The proposed project would result in potentially significant and significant impacts on special-status plant species (California satintail and Sanford’s arrowhead); special-status wildlife species (American badger and silvery legless lizard); nesting and roosting habitat for avian species, such as bald eagle, Swainson’s hawk, burrowing owl, and migratory birds; and wildlife movement corridors. Many of the related projects I
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would occur in the Parkway planning area and would have the potential to affect the same special-status plant and wildlife species, avian species, and wildlife movement corridors as the proposed project.

However, implementation of the mitigation measures described in detail in Section 3.5, “Biological Resources,” would reduce the proposed project’s impacts to less than significant. Therefore, no significant cumulative impact would occur and the proposed project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with conflicts with biological resources. The impact would be cumulatively less than significant. No mitigation is required.

4.1.5 Cultural Resources
The cumulative context for cultural resources is related projects that include ground-disturbing activities in the planned Parkway. Previously identified or undiscovered cultural resources may underlie the sites of one or more of the other related projects, and because plans for those projects have not yet been adopted, it is unknown whether the related projects would implement appropriate BMPs and mitigation.

Furthermore, even after mitigation is implemented, it may be impossible to avoid the cultural resource, and a substantial adverse change in the significance of the resource (such as damaging or destroying the qualities that make it significant) could result. Therefore, the related projects could result in potentially significant cumulative impacts on known and as-yet-undiscovered cultural resources.

The archaeological investigation of the project area identified a previously recorded archaeological resource. The site, CA-FRE-980, is a prehistoric habitation site (a probable permanent village) that was described in the original 1979 site record (Appendix E) as consisting of fire-cracked rock, obsidian flakes, shell, and carbon flecks. Construction activities such as vegetation removal, grading, and excavation could potentially uncover and disturb site CA-FRE-980 and other buried and unrecorded archaeological deposits. In addition, construction activities could disturb unknown human remains. Implementation of Mitigation Measure Cultural Resources-1 would reduce impacts from substantial adverse changes to an archaeological resource to less than significant, because Extended Phase I subsurface testing would be performed along the alignment of the trail extension to determine the boundary of site CA-FRE-980 and identify the presence of additional archaeological deposits to avoid those areas. Further, all cultural resources identified would be evaluated for eligibility for inclusion in the CRHR. Implementation of Mitigation Measure Cultural Resources-2 would reduce the impact of disturbance of human remains to less than significant because work in the vicinity of the find would stop until the appropriate actions have been completed. In addition, implementation of the cultural resources BMPs identified in Section 2.5.1

2.5.2, “Best Management Practices,” would include measures deemed necessary for the recordation and/or protection of human remains and cultural resources. Therefore, the proposed project would not result in a cumulatively significant incremental contribution to a potentially significant cumulative impact on cultural resources. The impact would be cumulatively less than significant. No mitigation is required.

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4.1.6 Geology and Soils
The project area and related projects are located in the San Joaquin Valley. The geologic formations and soil types vary depending on project location, and therefore are site-specific.

The project area is unique in that flat topography has been cut by the San Joaquin River as it emerges from the foothills. As a result, tall, steep bluffs mark the limits of the River floodplain in the area. The Spano Park staircase and Bluff Trail/West Riverview Drive access trail would be constructed on the steep slope of the River bluffs. Soil erosion and loss of topsoil would be expected during construction. The construction contractor would be required to implement rules and regulations from the California Building Standards Code to control excavation, grading, and earthwork construction; implement the City’s Bluff Preservation Overlay Zone District and Policy POSS-7-f standards for property located within the Bluff Preservation zone; and implement BMPs identified in the California Stormwater Quality Association’s Stormwater BMP Construction Handbook. In addition, implementation of Mitigation Measure Geology and Soils-1 would reduce impacts of soil erosion to less than significant for several reasons: Qualified construction staff would evaluate the stability of the bluff slope daily; the stability of both temporary and permanent cut, fill, and otherwise affected slopes would be analyzed during development of grading and construction procedures; fiber rolls would be placed along the perimeter of the site; silt fences would be placed downgradient of disturbed areas; construction activities would be suspended as necessary during and immediately after periods of heavy precipitation; and measures would be implemented to avoid, accommodate, replace, or improve loose soils.

Furthermore, geology and soils BMPs identified in Section 2.5.1 2.5.2, “Best Management Practices,” would require the Conservancy to prepare and implement an erosion and sediment control plan to manage sediment and prevent discharge of sediment from the project site in accordance with a SWPPP and the goals, objectives, and policies of the Parkway Master Plan.

Implementation of the various related projects could result in substantial soil erosion. However, each project considered in this cumulative analysis must individually meet the requirements of local policies (i.e., grading and erosion control plans). No additive effect would result and no cumulatively considerable impact related to substantial soil erosion would occur. Therefore, the proposed project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with substantial soil erosion. The impact would be cumulatively less than significant. No mitigation is required.

4.1.7 Greenhouse Gas Emissions
Emissions of GHGs have the potential to adversely affect the environment because such emissions contribute on a cumulative basis to global climate change. The proper context for addressing this issue in an EIR is as a discussion of cumulative impacts, because although the emissions of one single project I
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will not cause global climate change, GHG emissions from multiple projects throughout the world could result in a cumulative impact with respect to global climate change.

Air districts and some lead agencies in California have developed numeric significance thresholds that allow a clear assessment of the degree to which projects would have cumulatively considerable contributions to the significant cumulative impact of climate change. As discussed in Impact 3.8-1, the amortized emissions or the total GHG emissions for the proposed project would not exceed any of the adopted or recommended thresholds of significance. Although GHG emissions generated by the short- term construction activities of the project may be considered new, they would be temporary and would not be considered substantial given the small size of the project (Table 3.8-1). The long-term operational GHG emissions associated with the project would be minimal. Therefore, the proposed project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with GHG emissions. This impact would be cumulatively less than significant. No mitigation is required.

4.1.8 Hazardous Materials
Health and safety impacts associated with the past or current uses of a project site usually occur on a project-by-project basis, and are generally limited to the specific project site—in this case, the project area and its immediate vicinity.

The proposed project and the related projects would involve the storage, use, disposal, and transport of hazardous materials (such as fuel, lubricants, and solvents) to varying degrees during construction.

These activities are extensively regulated by various federal, State, and local agencies; construction contractors that would handle hazardous substances would be required by law to implement and comply with the existing hazardous-materials regulations. Therefore, a cumulatively significant impact would not occur, and the project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with storage and transport of hazardous materials. The impact would be cumulatively less than significant. No mitigation is required.

Since June 2006, 102 grassland wildfires have occurred between SR 99 and Willow Avenue/Friant Road and 12 grassland wildfires have occurred between SR 41 and Palm and Nees Avenues. The proposed project would construct a trail extension in an area of natural vegetation along the San Joaquin River.

Equipment used for construction of the trail extension and ongoing maintenance at the project site could emit sparks, which could increase the wildland fire hazard. Implementation of Mitigation Measures Hazards and Hazardous Materials-1 through Hazards and Hazardous Materials-6 would reduce the hazard from wildland fires to less than significant because the Conservancy would provide appropriate emergency access and signage, would prohibit open burning and the use of barbeque grills, would require all construction and maintenance equipment to be properly equipped with spark arrestors, and I
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would prepare and implement a fire prevention plan. Therefore, a cumulatively significant impact would not occur, and the project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with the risk of loss, injury, or death involving wildland fires. The impact would be cumulatively less than significant. No mitigation is required.

4.1.9 Hydrology and Water Quality
The project area and related projects are located within the low alluvial plains and fans of the central San Joaquin Valley, between the Coast Ranges and the Sierra Nevada. The following evaluation of cumulative hydrology and water quality impacts is made in light of the extent to which activities in the Parkway planning area can affect water quality and hydrologic conditions.

Future projects may be constructed within the designated the 100-year floodplain and/or the designated floodway of the San Joaquin River. The River’s hydrologic and floodplain functions could be altered by placement outside of the 100-year floodplain of impervious surfaces; fill and new structures, including a pedestrian bridge, along the multiuse trail between the O and E ponds; and restroom facilities. These project components could increase the volume of stormwater runoff from the project site to existing stormwater drainage systems during intense storms, potentially affecting water quality standards or WDRs, and would alter hydrologic processes (i.e., hydromodification). With the addition of impervious surfaces and placement of other project components adjacent to or within the designated floodway and 100-year floodplain, runoff could be directed off-site onto adjacent properties or other features, potentially contributing to flooding.

In accordance with the Parkway Master Plan’s goals, objectives, and policies, new structures and other project components would be designed without obstructions to flood flows and without placement within the floodplain of improvements that may come loose and become obstructions or pose safety hazards.

Implementing Mitigation Measure Hydrology and Water Quality-1 would reduce impacts related to water quality, erosion, and stormwater discharge to less than significant because structural BMPs would be designed to treat stormwater runoff before it reaches on-site surface waters and the River. Mitigation Measure Hydrology and Water Quality-2 would reduce impacts related to water quality, erosion, and stormwater discharge to less than significant because a nutrient management program would be implemented to identify and reduce potential adverse water quality effects from equestrian use and associated animal wastes. Finally, Mitigation Measure Hydrology and Water Quality-3 would reduce impacts on the River’s hydrologic and floodplain functions to less than significant for two reasons:

Drainage and hydromodification studies would be prepared to evaluate runoff, drainage, and flooding potential and any adverse effects on riparian habitat; and the proposed project would be required to obtain approval of encroaching project elements from flood protection agencies and obtain CDFW approval of streambed alteration.

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The Conservancy would comply with the Central Valley RWQCB’s WDRs. Control measures would be consistent with the NPDES General Construction Permit (detailed in Section 2.5.1 2.5.2, “Best Management Practices”). The NPDES General Construction Permit requires development and implementation of an SWPPP that uses stormwater BMPs to control runoff, erosion, and sedimentation from the site both during and after construction.

There are no assurances that the related projects would incorporate the same degree or methods of treatment as the proposed project. However, each related project that would discharge stormwater runoff would be required to comply with NPDES discharge permits from the Central Valley RWQCB, which adjusts requirements on a case-by-case basis to avoid significant degradation of water quality, and with the goals, objectives, and policies of the Parkway Master Plan. Therefore, a significant cumulative impact would not occur and the proposed project would not result in a cumulatively significant incremental contribution to a potentially significant cumulative impact associated with hydrology and water quality during construction. The impact would be cumulatively less than significant. No mitigation is required.

4.1.10 Land Use and Planning
Impacts involving adopted land use plans or policies and zoning generally would not combine to result in cumulative impacts. The determination of significance for impacts related to these issues, as described by Appendix G of the State CEQA Guidelines, is whether a project would conflict with any applicable land use plan or policy adopted for the purpose of avoiding or mitigating environmental impacts. Such a conflict is site-specific; it is addressed on a project-by-project basis. In addition, any land use inconsistencies of future projects, by themselves, are not considered significant cumulative effects because the inconsistencies are relative to land use regulations, rather than being environmental impacts.

Because land use impacts would occur on a project-specific basis rather than a cumulative basis, the proposed project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with land use conflicts. The impact would be cumulatively less than significant. No mitigation is required.

4.1.11 Noise
When determining whether the overall noise impacts of related projects would be cumulatively significant and whether the proposed project’s incremental contribution to any significant cumulative impacts would be cumulatively considerable, it is important to note that noise is a localized occurrence. As such, noise decreases rapidly in magnitude as the distance from the source to the receptor increases. Therefore, only those related projects that are in the direct vicinity of the project area are considered for the cumulative context such as the Palm Bluffs Fishing Access (Project #24 in Table 4.1-1).

Construction activities for the proposed project would result in a short-term temporary increase in ambient noise levels. Noise would be generated by the operation of construction equipment. Increased noise I
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levels would be experienced mostly close to the noise source (in the vicinity of the project site). The magnitude of the impact would depend on the type of construction activity, the noise level generated by various pieces of construction equipment, the duration of the construction phase, and the distance between the noise source and the receiver. The project’s construction phase would involve site preparation; construction of the trail extension, foundations for buildings (restrooms), and the parking lot; and site cleanup. In addition, implementation of Mitigation Measure Noise-1 would reduce the noise impact to less than significant because the Conservancy and its contractor would comply with City of Fresno standards; use muffled construction equipment and other noise control techniques, procedures, and acoustically treated equipment; and limit construction hours to between 7 a.m. and 9 p.m., Monday through Saturday. It is not anticipated that construction of the Palm Bluff Fishing Access project would occur simultaneously with construction of the proposed project. Therefore, the proposed project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with temporary increases in noise from construction activities. This temporary impact would be cumulatively less than significant. No mitigation is required.

4.1.12 Recreation
The project would extend the existing Eaton Trail by about 2.4 miles and add parking and a variety of recreation amenities. The proposed project was evaluated with respect to specific resource areas in this section of the DEIR to determine whether implementation would result in significant adverse cumulative impacts. The cumulative context and potential cumulative environmental impacts of project implementation are summarized in this section of the DEIR. All cumulative impacts that have been identified would be less than significant. Therefore, the proposed project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with recreation. The impact would be cumulatively less than significant. No mitigation is required.

4.1.13 Transportation
Temporary Impacts. Construction-related traffic is expected to increase traffic on roadways that may be used during construction of the proposed project, such as SR 41, SR 99, Avenue 9, Nees Road, and Audubon Drive (see Tables 3.17-2 and 3.17-3 for a complete list of affected roadways). Construction activities would be temporary and would occur for 1 year. It is not anticipated that construction of the Spano River Ranch habitat enhancement project would occur simultaneously with construction of the proposed project. Therefore, no significant cumulative impact would occur. The proposed project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with increases in traffic from construction activities. This temporary impact would be cumulatively less than significant. No mitigation is required.

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Long-Term Impacts. Implementation of the proposed project would increase the routes used to access the project site, including SR 41, Audubon Drive, and Del Mar Avenue. Table 4.1-2 shows the roadway segment conditions in 2025 without construction of the proposed project.

Table 4.1-2 Roadway Segment Analysis—Project Buildout (2025) No-Project Conditions Roadway
Segment1
Number
of Lanes2 Direction
ADT 24-
Hour
Volume
(2025) No-Project Conditions
A.M. Peak
Hour
P.M. Peak
Hour
Vol LOS Vol LOS
1 SR 41 between the Fresno–Madera
County line and Avenue 12 2/D NB
SB 35,680 740
588
B
B
1,112
1,332
B
B
2 SR 41 East Frontage Road (Cobb
Road Ranch) north of Vin Rose Lane 1/U NB
SB 210 11
3 C
C
8 8
C
C
3 Audubon Drive between SR 41 and
Palm Avenue 1/U EB
WB 16,870 390
475
C
C
460
644
C
C
4 Audubon Drive just east of SR 41 2/D EB
WB 15,950 391
487
C
C
459
671
C
C
5 Del Mar Avenue between Audubon
Drive and West Riverview Drive 1/U NB
SB 2,130 33
89 C
C
67 94
C
C
Notes:

ADT = average daily traffic; D = divided; EB = eastbound; LOS = level of service; NB = northbound; SB = southbound; SR = State Route; U = undivided; Vol = volume; WB = westbound
1 Evaluated using Table 7 Florida Tables.
2 Number of lanes in each direction.

Source: Data compiled by AECOM in 2016

Project Buildout (2025) Base plus Project conditions consider all improvements that are constructed or planned for completion by 2025. Appendix H provides a detailed discussion of the methodology used to determine LOS that is summarized below.

As shown in Table 4.1-3, all study roadway segments are forecast to operate at LOS C or better under Project Buildout (2025) Base plus Project conditions and all roadway segments have sufficient capacity to accommodate project-related traffic and still operate at acceptable LOS. Compared to the cumulative 2025 No-Project conditions, the traffic volume on SR 41 between the Fresno–Madera County line and Avenue 12 would increase by 318 trips and the traffic volume on SR 41 east of Frontage Road and north of Vin Rose Lane would increase by 318 trips. The remaining roadway segments would not have an increase in ADT. Therefore, no significant cumulative impact would occur. The proposed project would not result in a cumulatively significant incremental contribution to a significant cumulative impact associated with increases in traffic from operation of the proposed project. This long-term impact would be cumulatively less than significant. No mitigation is required.

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Table 4.1-3 Roadway Segment Analysis—Project Buildout (2025) Base plus Project Conditions Roadway
Segment1
Number of
Lanes2 Direction
ADT 24-
Hour
Volume
(2025) Base plus Project Conditions
A.M. Peak Hour P.M. Peak Hour
Vol LOS Vol LOS
1 SR 41 between the Fresno–Madera
County line and Avenue 12 2/D NB
SB 35,998 780
608
B
B
1,165
1,352
B
B
2 SR 41 East Frontage Road (Cobb
Road Ranch) north of Vin Rose Lane 1/U NB
SB 528 31
43 C
C
28 61
C
C
3 Audubon Drive between SR 41 and
Palm Avenue 1/U EB
WB 16,870 390
475
C
C
460
644
C
C
4 Audubon Drive just east of SR 41 2/D EB
WB 15,950 391
487
C
C
459
671
C
C
5 Del Mar Avenue between Audubon
Drive and West Riverview Drive 1/U NB
SB 2,130 33
89 C
C
67 94
C
C
Notes:

ADT = average daily traffic; D = divided; EB = eastbound; LOS = level of service; NB = northbound; SB = southbound; SR = State Route; U = undivided; Vol = volume; WB = westbound
1 Evaluated using Table 7 Florida Tables.
2 Number of lanes in each direction.

Source: Data compiled by AECOM in 2016

4.2 Environmental Justice Considerations—Disadvantaged Communities Cities, counties, and other local governmental entities have an important role to play in ensuring environmental justice for all California’s residents. Under State law, “environmental justice” means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies (California Government Code Section 65040.12[e]). The California Attorney General’s Office has stated that “environmental justice requires an ongoing commitment to identifying existing and potential problems, and to finding and applying solutions, both in approving specific projects and planning for future development” (Office of the Attorney General 2012).

Under CEQA, “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects ….” (PRC Section 21002). Human beings are an integral part of the “environment.” An agency is required to find that a “project may have a ‘significant effect on the environment’” if, among other things, “[t]he environmental effects of a project will cause substantial adverse effects on human beings either directly or indirectly” (PRC Section 21083; State CEQA Guidelines Section 15126.2).

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CEQA does not use the terms “fair treatment” or “environmental justice.” Rather, the importance of a healthy environment for all California’s residents is reflected in CEQA’s pur poses. In enacting CEQA, the California Legislat ure determined that:
• “The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern.” (PRC Section 21000[a].)
• We must “identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds from being r eached.” (PRC Section 21000[d].)
• “[M]ajor consideration [must be] given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.” (PRC Section 21000[g].) • We must “[t]ake all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic qualities, and freedom from excessive noise.” (PRC
Section 21001[b].)
SB 535 w
as signed into law on September 30, 2012. SB 535 is based larg ely on the actions introduced by the Global Warming Solutions Act of 2006, AB 32. The goal of AB 32 is to reduce pollutants by implementing a cap-and-trade sy stem in California. Companies must purchase extra credits when they exceed their allotted amount for the cap and trade. Each year, the money generated from companies purchasing extra credits is expected to generate about $1 billion of State rev enue. SB 535 requires that 25% of the fund be spent on projects that benefit disadvantaged communities, while at least 10% of the 25% is to be spent on projects located in disadvantaged communities.

CalEPA
is in charge of the identifying disadvantaged communities or ce nsus tracts. To facilitate the identification of low-income and highly polluted areas, OEHHA an d CalEPA have adopted the California Communities Environmental Health Screening Tool, more commonly known as “CalEnvi roScreen” (OEHHA 2016). The main goal is to accurately locate areas/neighborhoods using pollution “scores.” CalEnviroScreen is a sci ence-based tool that measures environmental, socioeconomic, and health indicators such as:
• O3 concentrations in air;
• PM2.5 concentrations in air;
• diesel PM emissions;
• use of certain high-hazard, high-volatility pesticides; • toxic releases from facilities;
• traffic density;
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• drinking-water quality; and
• toxic cleanup sites.

Based on data from OEHHA (2016), Figure 4-1 was developed to depict disadvantaged communities by census tract within 1 .0 mile of the project area.

Census Tract 6019004404, located along the SR 41 corridor in Fresno, is about 0.5 mile south of the project areas. Census Tract 6039001000 is located across the River in Madera County. CalEPA h as designated both of these communities as disadvantaged pursuant to SB 535 (OEHHA 2016). These communities are within 0.5 mi le of the project area.

The proposed trail extension would provide access to an outdoor natural recreational area along the River for residents of the nearby disadvantaged communities, and more broadly for res idents of Fresno and Madera counties. Activities such as recreation and exercise are fundamental to a healthy life. Beneficial use of the existing multiuse trail promotes greater productivity, less disease, and a brighter future.

According to the National Institutes of Health, recreation and exercise result in:
• more energy and capacity for work and leisure activities; • greater resistance to stress, disease, anxiety, and fatigue, and a better outlook on life; • increased stamina, strength, and flexibility;
• improved efficiency of the heart and lungs;
• loss of extra pounds or body fat;
• improved ability to remain at a desirable weight; and • reduced risk of heart attack.

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Figure 4-1 Disadvantaged Community Census Tracts 6019004404 and 6039001000

0.5 Madera County
A:COM
1 Miles
Project Study Area ~ Census Tract 6019004404
D 1 mile rad,ius D
1360 E Spruce /we
Fresno , Ca
93720
Location of Census Tracts 601904404 and
60390 1000
Census Tract 6039001000
Data obtained fro m CalEnfironScreen 2.0 Office of
Environ mental H ea Ith Hazard Assess ment
February 24
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Providing recreational opportunities along the River can benefit disadvantaged communities because they can provide:
• social benefits by connecting people within the community regardless of income, background, and ability;
• economic benefits by improving the quality of life in the community and helping to attract businesses and visitors to the River; and
• benefits to individuals and the community by promoting physical fitness and self-improvement.

As stated in Section 2.7, “Scoping,” a public review and open house public scoping meeting was held on June 17, 2014, at the nearby Pinedale Community Center, located at 7170 N. San Pablo Avenue. The purpose of the scoping meeting was to solicit guidance from agencies and the public to the scope and content of environmental information to be included in the EIR in accordance with the State CEQA Guidelines. Several issues were raised regarding access to the project area from the Fresno side of the River via alternative entrances.

Impact 4.2-1: Would the proposed project provide equal access to an outdoor natural recreational area along the San Joaquin River for residents of nearby disadvantaged communities, and more broadly, for residents of the city of Fresno and Madera County? Two disadvantaged community census tracts are located within 1.0 mile of the project area. Access to the extended trail and recreation amenities along the River would benefit individuals, improving quality of life and the community. However, access to the proposed trail extension and recreation amenities would be provided by a single access point, the Perrin Avenue entrance. The location would benefit residents of Census Tract 6039001000 and Madera County residents traveling to the project area via SR 41. Travel to this entrance would require residents of the nearby disadvantaged Census Tract 6019004404 community, and more broadly, residents of Fresno to travel north along SR 41 to Children’s Boulevard, then south along the SR 41 East Frontage Road, also known as Blackstone Avenue, a 180-degree reverse in direction. This would increase VMT by 8.3 miles (Table 6.2, Appendix H) and increase the generation of vehicular emissions. This would be an unavoidable significant impact on a nearby disadvantaged community or census tract, and more broadly, on the residents of Fresno. No feasible mitigation measures are available to reduce this impact.

4.2.1 Regulat ory Framework
Although not required by CEQA, the following assessment of potential disproportionate environmental justice effects is consistent with the Conservancy’s commitment to the fair treatment principles and policies of the State.

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Under State law, environmental justice is defined as “the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies” (California Government Code Section 65040.12[e]).

In 2016, legislation was enacted to add an environmental justice element to the required elements of a city or county general plan w hen the city or county has a disadvantaged community. Senate Bill (SB) 1000 (Chapter 587, September 24, 2016) requires the environmental justice element to identify objectives and policies to:
• reduce the unique or compounded health risks in disadvantaged communities, • promote civil engagement in the public decision-making process, and • prioritize improvements and programs that address the needs of disadvantaged communities.

The environmental justice e lement is to be included upon the adoption or next revision of two or more general plan element s on or after January 1, 2018. The California Governor’s Office of Planning and Research is in the process of revising the Stat e CEQA Guidelines for general plans. The general plans for both the City and County of Fresno do not yet have an environmental justice element and have not been updated since SB 1000 was enacted.

The following analys is uses as guidance the California Attorney General’s Office fact sheet titled "Environmental Justice at the Local and Regional Level, Legal Background" (Fa ct Sheet), released in 2012 (Office of the California Attorney General 2012). The Attorney General’s Office is reviewing and updati
ng this fac t sheet to reflect new developments in California law. The Fact Sheet states:

Fairness in this context means that the benefits of a healthy environment should be available to everyone, and the burd ens of pollution should not be focused on sensitive populations or on communities that already are experiencing its adverse effects. … [ E]nvironmental justice requires an ongoing commitment to identifying existing and potential problems, and t o finding and applying solutions, both in approving specific projects and planning for future development.

T
he Fact Sheet then identifies principles under CEQA that support furthering environmental justice goals (Office of the California Attorney General 2012), st ating that:
“[P]ublic agencies should not approve projects as proposed if there are feasible alternatives or
feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects ….” (Pub. Res. Code, § 21002). Human beings are an integral part of the “environment.” An agency is required to find that a “project may have a ‘significant effect on the environment’” if, among other things, “[t]he environmental effects of a I San Joaquin River Conservancy
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project will cause substantial adverse effects on human beings, either directly or indirectly[.]” (Pub. Res. Code, § 21083, subd. (b)(3); see also CEQA Guidelines, § 15126.2…) CEQA does not use the terms “fair treatment” or “environmental justice.” Rather, CEQA centers on whether a project may have a significant effect on the physical environment. Still, as described below, by following well-established CEQA principles, local governments can further environmental justice.

4.2.2 CEQA’s Purposes
The importance of a healthy environment for all of California’s residents is reflected in CEQA’s purposes.

In enacting CEQA, the Legislature determined that:
• “The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern.” (PRC Section 21000[a].) • California’s government must “identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds being reached.” (PRC Section 21000[d].)
• “[M]ajor consideration [must be] given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.” (PRC Section 21000[g].)
• The State must “[t]ake all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic qualities, and freedom from excessive noise.” (PRC Section 21001[b].)

4.2.3 Methodology
This section first examines the potential for disproportionate and adverse environmental effects. It then examines the potential for disproportionate levels of benefits from the project, which is a socioeconomic consideration.

To identify whether the proposed project is likely to have a disproportionate and adverse environmental effect on environmental justice communities, this analysis first identified disadvantaged communities by census tract within 1 mile of the project area. A 1-mile radius was chosen for potential disproportionate and adverse environmental impacts because that is the area within which any adverse environmental impacts on nearby residents would be expected to occur.

The California Environmental Protection Agency’s (CalEPA’s) California Communities Environmental Health Screening Tool was used to identify disadvantaged communities by census tract. The California Office of Environmental Health Hazard Assessment (OEHHA) and CalEPA developed this tool, more commonly known as “CalEnviroScreen” (OEHHA 2016), to designate disadvantaged communities under I
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SB 535 for the purpose of informing investments of State funds generated through the Cap-and-Trade Program.
17 The main goal of CalEnviroScreen is to identify the California communities with the greatest cumulative exposure to pollut ion, to more effectively direct limited State resources to wherever they are needed most. CalEnviroScreen is a science-based tool that m easures environmental, socioeconomic, and health indicators such as:
• ozone concentrations in air;
• concentrations of fine particulate matter (i.e., PM2.5) in air; • emissions of diesel particul ate matter;
• use of certain high-hazard, high-vol atility pesticides; • toxic releases from facilities;
• traffic density;
• drinking-water quality ; and
• toxic cleanup sites.

Based on data fr
om OEHHA (2016), Figure 4-1 was developed t o depict disadvantaged communities by census tract within 1.0 mile of the project area. Census Tract 6019004404, located along the SR 41 corridor in Fresno, is about 0.5 mile south of the project area. Census Tract 6039001000 is located across the River in Madera County.

The impact conclusions in Chapter 3 for all resource areas and the cumulative impact analysi s in Chapter 4 were examined to determine whether any impacts wou ld disproportionately affect the identified census tracts. Only adverse phys ical changes are considered potential impacts under CEQA; however, CEQA also provides considerable latitude to lead agencies to consider the social and economic consequences of a project in whatever manner the agency deems appropriate (14 CCR Section 15131).

Therefore, this section also examines environmental justice in terms of equity of access to the benefits of the project. This examination is occ
urring in light of the fact that environmental justice considerations have been evolving from focusing mainly on advers e environmental impacts of pollution to include equal access to societal benefits like parks and green spaces.

17 The Cap-and-Trade Program is a regulation developed by the California Air Resources Board under Assembly Bill (AB) 32 (the Global War ming Solutions Act of 2006) to reduce the greenhouse gas (GHG) emissions that cause climate ch
ange. The program places a limit on GHG emissions from certain industrial sectors and allows the trade of permits (allowances) to emit GHGs, which generates funds that the Legislature allocates in accordance with SB 535.

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Figure 4-1 Disadvantaged Community Census Tracts 6019004404 and 6039001000

0.5 Madera County
1360 E Spruce Ave
Fresno , Ca
93720
1 Miles
Location of Census Tracts 601904404 and
60390 1000
Project Stucfy Area ~ Census Tract 6019004404
D 1 mile radius D Census Tract 6039001000
Data obtaine• d fro m GalEnfironSaeen 2.0 Office o•f
Environ mental H ea Ith Hazard Assess ment
February 24
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4.2.4 Assessment

4.2.4.1 Potential for Disproportionately High and Adverse Environmental Effects The potential environmental impacts of the proposed project for each specific resource area are described in detail in Chapter 3 of this EIR, and the potential cumulative impacts are described in Section 4.1. Those sections found no significant and unavoidable impacts in any resource area.

Air quality is a special concern for its potential for disproportionate impacts on nearby disadvantaged communities. Chapter 3 found that air quality impacts during both the construction and operational phases, including the potential to expose sensitive receptors to substantial pollutant concentrations, would be less than significant with no mitigation required. For noise, another area of concern for potential impacts on nearby disadvantaged communities, Chapter 3 found less-than-significant impacts, except for temporary construction impacts, which would be reduced to a less-than-significant level through Mitigation Measure Noise-1.

Because the project as mitigated would cause no significant adverse environmental impacts, it does not have the potential to result in a disproportionately high and adverse environmental effect on disadvantaged communities.

4.2.4.2 Potential Socioeconomic Effects
The proposed project would result in a beneficial effect on socioeconomic conditions in the area. As noted in Section 3.16.2, the Trust for Public Land has consistently ranked Fresno near the bottom of an annual survey of the amount of parks and open space for residents across the United States. The proposed project would provide a substantial benefit for residents of Fresno and Madera counties, including nearby disadvantaged communities, by providing additional access to an outdoor natural recreational area along the River. Activities such as recreation and exercise are fundamental to a healthy life. Beneficial use of the existing multiuse trail promotes greater productivity, less disease, and a brighter future. According to the National Institutes of Health and California Department of Parks and Recreation (State Parks 2005), exercise can result in:
• more energy and capacity for work and leisure activities; • greater resistance to stress, disease, anxiety, and fatigue, and a better outlook on life; • increased stamina, strength, and flexibility;
• improved efficiency of the heart and lungs;
• loss of extra pounds or body fat;
• improved ability to remain at a desirable weight; and • reduced risk of heart attack.

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Providing recreational opportunities along the River can benefit disadvantaged communities by providing:
• social benefits through connecting people within the community regardless of income, background, and ability;
• economic benefits by improving the quality of life in the community and helping to attract businesses and visitors to the River; and
• benefits to individuals and the community by promoting physical fitness and self-improvement.

During the scoping process for the DEIR, concerns were raised regarding access to the project area from the Fresno side of the River. The project, as proposed, would provide a parking lot at the proposed Perrin Avenue entrance, with additional pedestrian and bicycle access at Riverview Drive and Spano Park. Concerns were raised that limiting vehicular access to one entrance at Perrin Avenue would limit access for residents on the Fresno side of the River, including residents of disadvantaged communities near the project site and in west Fresno. In fact, more than 40% of the population of the Fresno metropolitan area lives in disadvantaged communities in central, southeast, and west Fresno. The discussion below examines this issue of equitable distribution of the benefits of the project’s recreational facilities for disadvantaged communities in the entire Fresno area.

The In 2011 the San Joaquin River Parkway and Conservation Trust (Trust) completed a report in 2011, titled the Short Term Transportation Plan (Transportation Plan), which that examined access conditions for the existing Parkway and identified opportunities for improving public transit, bicycle, and general access to the existing and planned Parkway (Transportation Plan; cite San Joaquin River Parkway and Conservation Trust 2011). The Transportation Plan found that the Parkway’s “walk shed” 18 consists
primarily of upper-income households (San Joaquin River Parkway and Conservation Trust 2011:2-1). 19 The circulated DEIR identified one One disadvantaged community (Census Tract 6019004404) has been identified within the 1-mile radius of the project area (Census Tract 6019004404) on the Fresno side of the River. Some residents of that area would be within the walk shed of the new proposed Spano Park pedestrian entrance, and most would be within reasonable bicycle bicycling distance to of both the Spano Park and West Riverview Drive entrances. The proposed project does would not, however, provide greater walking or bicycling access for other disadvantaged communities in Fresno, including those in central, southeast, and west Fresno.
18 A walk shed refers to the area in which people can comfortably walk to an attraction, which assumes that a person can walk for about 15–20 minutes, which works out to roughly 1 mile. 19 Short Term Transportation Plan, San Joaquin River Parkway and Conservation Trust, 2011. Page 2-1.

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The proposed project cannot change current land uses to alter residential development patterns to alter, and thus, change the current walk shed or bicycle access. Zoning Local authorities control zoning and planning for nearby residences is under the control of local authorities. The project is also bound geographically in that it is tied to the River’s fixed location, and unlike a city park that can be planned within an urban area, this River trail project cannot be relocated to be closer to existing disadvantaged communities to improve walking and bicycling access to recreational opportunities. The proposed project can and does would improve walking and bicycling access generally by providing additional access points along the River at Spano Park and West Riverview Drive.

Because fewer lower-income census tracts are within the walk shed and bicycle bicycling distance of the project, disadvantaged communities, other than the one census tract identified above, would most likely access the Parkway by public transit or by car. Fresno Area Express (FAX) is the local transit line that comes closest to the Parkway, with Route 26 (North Palm/Peach Avenue) running on 30 minute frequency at 30-minute intervals during weekdays and Route 30 (Pinedale/N. Blackstone/West) with 20 minute frequency running at 20-minute intervals during weekdays.

Currently transit options to the Parkway, however, are very limited, however, and private vehicles will likely continue to be the primary mode of accessing the Parkway over in the next several years. The Transportation Plan included a survey about vehicle access, which provides an indication of individual access mobility and transit dependence. All survey respondents to that survey, including lower-income respondents, indicated that they had access to at least one vehicle, including lower income respondents.

Therefore, it is likely that residents of disadvantaged communities would likely access the project site primarily via private vehicle.

The Transportation Plan found that the existing Lewis S. Eaton Trail is currently accessed by vehicles at one of several key locations. One of these existing driving locations is at Blackstone Avenue and East Perrin Road, which currently provides only informal parking, as Blackstone Avenue dead-ends at the existing trailhead gate (San Joaquin River Parkway and Conservation Trust:2-10). 20 The proposed project
would improves this existing vehicular access point by providing a safe off-road parking area off Perrin Avenue for up to 50 vehicles with public amenities. Additional vehicular access points at additional locations may improve vehicular access for disadvantaged communities in Fresno, which could improve the equitable distribution of the benefits of the trail project. The Transportation Plan recommends improving Parkway access near Palm and Nees Avenues (San Joaquin River Parkway and Conservation Trust:4-6).
21 This potential additional access point for vehicles, in addition to another potential additional vehicle access points, are discussed in the analysis of alternatives in Chapter 5. 20 Short Term Transportation Plan, San Joaquin River Parkway and Conservation Trust, 2011. Page 2-10. 21 Short Term Transportation Plan, San Joaquin River Parkway and Conservation Trust, 2011. Page 4-6.

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4.2.4.3 Conclusion
The proposed project does not have the potential to result in a disproportionately high and adverse environmental effect on disadvantaged communities. No mitigation is required. The proposed project’s single public access point may result in less availability of project benefits to disadvantaged communities that may access the project’s benefits by walking or bicycle bicycling.

4.3 Growth-Inducing Impacts
Pursuant to CEQA Section 21100(b)(5) and Section 15126.2(d) of the State CEQA Guidelines, growth- inducing impacts should be assessed in terms of whether the project influences the rate, location, and amount of growth. Projects that remove obstacles to population growth, or that allow or encourage growth that would not have occurred if the project were not built, are considered growth-inducing. Potential growth-inducing impacts are also assessed based on a project’s consistency with adopted plans that have addressed growth management from a local and regional standpoint.

Growth-inducing policies include projects that would remove obstacles to population growth (for example, a major expansion of a wastewater treatment plant might allow for more construction in service areas).

Population increases may tax existing community service facilities, requiring construction of new facilities that could cause significant environmental effects. Also considered are characteristics of some projects that may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment.

Section 15126.2(d) of the State CEQA Guidelines requires a discussion of how the potential growth- inducing impacts of the project could foster economic or population growth or the construction of additional housing, either directly or indirectly, in the surrounding environment. Induced growth is distinguished from the direct employment, population, or housing growth of a project. If a project has characteristics that “may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively,” then these aspects of the project must be discussed as well. Induced growth is any growth that exceeds planned growth and results from new development that would not have taken place in the absence of the project. For example, a project could induce growth by lowering or removing barriers to growth or by creating or allowing a use, such as an industrial facility, that attracts new population or economic activity. The State CEQA Guidelines also indicate that the topic of growth should not be assumed to be either beneficial or detrimental.

The proposed project would not influence the rate, location, and amount of growth; would not foster economic or population growth; would not remove obstacles to population growth; and would not allow or

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encourage growth that otherwise would not have occurred if the project were not built. Therefore, the project would not be growth inducing. No impact would occur.

4.4 Energy
The proposed project does not include development of new buildings. The project is required to comply with applicable portions of the 2010 California Green Building Code (Part 11, Title 24), which was developed to enhance the design and construction of buildings and sustainable construction practices through planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental air quality. It is the intent of this code to achieve more than a 15% reduction in energy use when compared to existing standards, to reduce indoor potable-water demand by 20%, to reduce landscape water usage by 50%, and to reduce construction waste by 50%.

The proposed project would not generate an increase in demand for electricity and natural gas relative to existing or future electrical and natural gas consumption. The project proposes smart lighting with motion detector sensors and LED lights. This impact would be less than significant. No mitigation is required.

Project-generated vehicle trips would not be expected to cause queuing and related congestion; however, the use of the study area is not expected to significantly increase beyond capacity. Therefore, the effects associated with petroleum consumption would be less than significant. In addition, with implementation of the 2010 California Green Building Code (CCR Title 24), the proposed project would not cause the inefficient, wasteful, or unnecessary consumption of energy. This impact would be less than significant.

No mitigation is required.

4.5 Effects Not Found to be Significant
Section 15128 of the State CEQA Guidelines states that “an EIR shall contain a statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and were therefore not discussed in detail in the EIR.” During the scoping process for this EIR, it was determined that all the issues cited in the NOP should be evaluated in detail; therefore, the project was analyzed in detail with respect to all impact areas described in the State CEQA Guidelines. To the extent that a particular project feature was not analyzed in detail in any given discussion of an impact area, it is implied that this project feature did not result in a significant impact. The results of the comprehensive environmental analysis are presented in Chapter 3 of this DEIR. Many potential impacts were found to be either less than significant; most were found to be less than significant after mitigation.

4.6 Unavoidable Significant Environmental Effects
Section 15126.2(b) of the State CEQA Guidelines requires a description of any significant impacts, including those that can be mitigated but not reduced to a level of insignificance. When impacts cannot be

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alleviated without imposing an alternative design, the analysis should describe the implications of the impacts and the reasons why the project is being proposed, notwithstanding its effects. The project was evaluated with respect to specific resource areas to determine whether implementation would result in significant adverse impacts. The potential environmental impacts of the project are summarized in Table

1.6-1 in Chapter 1, “Executive Summary.”,” of this DEIR. Some of the impacts identified would be less than significant. In other instances, incorporating the mitigation measures proposed in this DEIR would reduce the impacts to less than significant. The proposed project would result in one project would not result in any unavoidable significant environmental impact, related to environmental justice/disadvantaged communities, as discussed in Section 4.2 above.

Where the decision of the public agency allows the occurrence of significant effects that are identified in the final EIR FEIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR FEIR and/or the information in the record (State CEQA Guidelines Section 15093[b]). This statement is called a “statement of overriding considerations.”

4.7 Significant Irreversible Environmental Changes
Section 15126.2(c) of the State CEQA Guidelines requires that an EIR address significant irreversible environmental effects that cannot be avoided if the project is implemented. As stated in Section 15126.2(c):

Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as highway improvement which provides access to a previously inaccessible area) generally commit future generations to similar uses. Also irreversible damage can result from environmental accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified.

Implementation of the project would result in the short-term commitment during construction activities of natural resources including sand and gravel, asphalt, steel, copper, lead, other metals, and water. As the project site is developed, recreation use would require further commitment of energy resources in the form of an increase in motor vehicle travel. The resource commitments are irreversible environmental changes.

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Chapter 5.

Alternatives

5.1 Introduction
This chapter describes the alternatives to the project and compares their environmental impacts to those of the project. The purpose of the alternatives analysis in an EIR is to describe a range of reasonable, potentially feasible alternatives to the project that can reasonably attain most of the identified project objectives, but reduce or avoid one or more of the project’s significant impacts. A detailed description of the CEQA requirements for the alternatives analysis is provided below.

5.2 Regulatory Requirements
Section 15126.6(a) of the State CEQA Guidelines sets forth the requirements for the consideration and discussion of alternatives to the project. An EIR shall describe a range of reasonable alternatives to the project, or to the project location, that would feasibly attain most of the project’s basic objectives but would avoid or substantially lessen any of the significant effects of the project, and shall evaluate the comparative merits of the alternatives. An EIR must discuss alternatives even if all of the project’s significant environmental impacts would be avoided or reduced by mitigation measures, so that decision- makers will be provided with adequate information about the range of options available to reduce or avoid environmental impacts.

An EIR need not consider every conceivable alternative to a project. Rather, it must consider a reasonable range of potentially feasible
22 alternatives that will foster informed decision-making and public participation. An EIR is not required to consider alternatives that are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. No ironclad rule governs the nature or scope of the alternatives to be discussed, other than the rule of reason. If the no project alternative is the environmentally superior alternative, Tthe EIR must identify the environmentally superior alternative, even if the environmentally superior alternative is not the chosen alternative among the other alternatives evaluated.

The following are key provisions of the State CEQA Guidelines (Section 15126.6):
• The discussion of alternatives shall focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the proposed project, even 22 State CEQA Guidelines Section 15364 defines “feasible” as “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.”

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